S. 3 def. of applicable law criteria inserted by No. 49/2013 s. 4(1)(a). applicable law criteria means matters, things, criteria, factors, circumstances, principles, purposes or objects specified in an applicable law that may or must (as the case requires) be applied or complied with, had regard to or taken into account by an applicable law decision maker when making a decision whether to grant an applicable approval under that law; s. 3 applicable law decision means a decision (however described) under an applicable law granting an applicable approval; applicable law decision maker means a person or body who, under an applicable law, grants an applicable approval under that law; application fee has the meaning by section 4; approval decision means a decision of the Planning Minister under section 77; approved project a declared project in respect of which a project area has been designated under Part 4; arterial road has the same meaning as in the Road Management Act 2004; assessment committee an assessment committee established under Part 8;
S. 3 def. of discretionary applicable law criteria repealed by No. 49/2013 s. 4(1)(b). s. 3 * * * * * enactment means an Act or a regulation under an Act; Environment Protection Authority or EPA means the Authority within the meaning of the Environment Protection Act 1970; formal public hearing means a hearing conducted by an assessment committee under Subdivision 7 of Division 5 of Part 3; freeway has the same meaning as in the Road Management Act 2004; further option means a further option in relation to a declared project referred to in section 69; S. 3 def. of grant amended by No. 49/2013 s. 4(1)(d). grant, in relation to an applicable approval, includes, as the case requires, prepare, adopt, give, make, issue or provide;
made publicly available in accordance with this Subdivision. (2) The period determined by the Planning Minister— commence on the day notice is published section 47; and not be less than 20 business days and not more than 30 business days. (3) A determination under this section must be published on the Department's Internet site on the same day as the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published on the Department's Internet site under section 42. (4) In addition, notice of a determination this section must be published in the Government Gazette on the same day that notice of the making of the review determination that determines that the comprehensive impact statement can be released for public exhibition under this Subdivision is published in the Government Gazette under section 42. 46 Public exhibition of comprehensive impact statement s. 46 The project proponent for the declared project to which a comprehensive impact statement relates must—
(7) An Order under subsection (1) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994. s. 135 135 Surrender of interests in unreserved Crown land (1) The Project Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a Council in any land in the project area be surrendered to the Crown on— a plan of land signed by the Surveyor-General; and satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown. (2) Subsection (1) does not apply to land that is reserved under the (Reserves) Act 1978. (3) On receiving the Project Minister's recommendation, the Governor in Council, by published in the Government Gazette, may declare that the interests (if any) in the land shown on the plan are surrendered to the Crown. S. 135(4) inserted by No. 49/2013 s. 69(3). (4) An Order under subsection (3) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994. 136 Effect of surrender or divesting (1) This section applies to land on—
If a project authority carries out or authorises a person to out works on public land under section 167, the Project Minister may exercise the powers under section 17B of the Crown Land (Reserves) Act 1978 as if the Project Minister were the Minister and the project authority were the Secretary. S. 168A inserted by No. 49/2013 s. 62. 168A Project authority may carry out or authorise associated works (1) A project authority may carry out or authorise any person to carry out associated works in circumstances where an applicable approval has been granted for those works or is not required. (2) To avoid doubt, in the case of associated works that require an applicable approval, the application for the applicable approval must be made, assessed and approved under the relevant applicable law and not under this Act. s. 168A 169 Project authority liable to pay compensation (1) A project authority is liable to compensate any person who has— any pecuniary loss; or any expense— as a direct, natural and reasonable consequence of the entry onto or occupation of or the carrying out of works on public land under section 167 by or on behalf of the project authority.
Division referred to the project authority instead of the responsible authority for the planning scheme; and 174(2)(c) were omitted; and 177(2), 178 and 179(1) referred to a Project Minister this Act instead of the Minister. 185 Disposition of surplus land—fee simple land A project authority may sell, lease or licence any surplus land that it holds in fee simple. Division 8—Road management Subdivision 1—Powers in relation to roads 186 Powers relating to roads s. 185 (1) A project authority, for the purposes of an approved project, may— discontinue, construct, relocate or realign any road; and any road to traffic. (2) Without limiting subsection (1), a project authority may— out improvements to roads in the project area; and roads over or under any road constructed or to be constructed in the project area; and