Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The * Infrastructure CEO must, by instrument in writing, designate the infrastructure project provisionally for the purposes of this Division if:
(a) the entity applies to have the Infrastructure CEO designate the infrastructure project in accordance with section 415 - 55; and
(b) the Infrastructure CEO accepts the estimate of the * infrastructure project capital expenditure under section 415 - 80; and
(c) the provisional designation would not breach the infrastructure project capital expenditure cap under section 415 - 75; and
(d) the following conditions are satisfied:
(i) the conditions prescribed by the * infrastructure project designation rules;
(ii) if the infrastructure project designation rules do not prescribe any conditions--in the opinion of the Infrastructure CEO, the infrastructure is nationally significant infrastructure (within the meaning of the Infrastructure Australia Act 2008 ); and
(e) the infrastructure project is not a * designated infrastructure project.
(2) The instrument of provisional designation must contain any details prescribed by the * infrastructure project designation rules.
Amendment of instruments of provisional designation
(3) The * Infrastructure CEO must, by instrument in writing, amend the instrument of provisional designation in accordance with any requirements prescribed by the * infrastructure project designation rules. The Infrastructure CEO must not amend the instrument in any other circumstances.
(4) Without limiting subsection (3), the requirements the * infrastructure project designation rules may prescribe for the purposes of that subsection include requirements relating to when an amendment must take effect, which may be a time before the amendment is made.
Revocation of instruments of provisional designation
(5) The * Infrastructure CEO must, by instrument in writing, revoke the instrument of provisional designation:
(a) if the Infrastructure CEO has designated the project under section 415 - 70, or decides not to designate the project; or
(b) if the Infrastructure CEO has revoked the instrument of acceptance of the estimate under section 415 - 80; or
(c) in the circumstances (if any) prescribed by the * infrastructure project designation rules.
The Infrastructure CEO must not revoke the instrument in any other circumstances.
(6) Without limiting paragraph (5)(c), the circumstances the * infrastructure project designation rules may prescribe for the purposes of that paragraph include:
(a) circumstances involving a failure by a prescribed entity to give prescribed information to the * Infrastructure CEO; and
(b) circumstances involving a breach of conditions set by the Infrastructure CEO for the * provisionally designated infrastructure project to remain provisionally designated.
(7) The * infrastructure project designation rules must
prescribe matters to which the * Infrastructure CEO must have regard in
setting conditions for a * provisionally designated infrastructure project to
remain provisionally designated, if the
infrastructure project designation rules provide for the Infrastructure CEO to
set such conditions, as mentioned in paragraph (6)(b).