Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_28c
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 28C
Character Range: 454727–457148

28C  Processing application for declaration in relation to significant development
 (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.
 (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.
 (3) If the Norfolk Island Regional Council's recommendation is different from that of the Chief Executive Officer's, the reasons for the difference must be specified in the Norfolk Island Regional Council's recommendation.
 (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer's report to the Norfolk Island Regional Council on the application.
 (5) After receiving the application under subsection (4), the Commonwealth Minister must:
 (a) make a declaration in relation to the significant development; or
 (b) refuse to make a declaration in relation to the significant development; or
 (c) refer the application back to the Chief Executive Officer with directions to take specified further actions.
Note: Matters for consideration by the Minister are set out in section 28D.
 (6) A declaration in relation to a significant development may be subject to conditions.
 (7) A declaration in relation to a significant development takes effect when it is made.
 (8) A declaration in relation to a significant development ceases to be in effect at the earlier of:
 (a) the end of:
 (i) unless subparagraph (ii) applies—the period specified in the declaration; or
 (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and
 (b) the time the declaration is revoked under section 28G.
 (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.
 (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.