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MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 42

Consideration of comprehensive impact statement by Planning Minister

    (1)     The Planning Minister, within 20 business days after receiving a comprehensive impact statement, must make a written determination (a review determination ) as to whether the comprehensive impact statement can be released for public exhibition under Subdivision 4.

    (2)     The Planning Minister, in a review determination, may determine that a comprehensive impact statement may be released for public exhibition under Subdivision 4 only if the Minister is satisfied that the statement is adequate to be released for that purpose.

    (3)     In order to be satisfied that a comprehensive impact statement is adequate to be released for public exhibition, the Minister must be satisfied the statement meets the requirements set out in section 39.

    (4)     For the purpose of determining whether a comprehensive impact statement meets the requirements set out in section 39(f), (g) and (h), the Planning Minister may consult with—

        (a)     any applicable law decision maker empowered to grant an applicable approval that is necessary for the declared project or a part of the declared project to be developed and to which the comprehensive impact statement relates; and

        (b)     any other person who the Minister considers has the necessary experience or training to advise the Minister in respect of the matters the Minister must consider in making a review determination.

    (5)     In a review determination, the Planning Minister may direct the project proponent to revise an assessment, or the presentation of an assessment or finding, contained in the comprehensive impact statement if the Minister is of the view that the assessment or presentation is not adequate to be released for public exhibition.

    (6)     A review determination must be—

        (a)     given to the project proponent; and

        (b)     published on the Department's Internet site.

    (7)     In addition, notice of the making of a review determination must be published in the Government Gazette.



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