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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 153AA
Application for approval of project as a private infrastructure facility and for Coordinator-General to take land
153AA Application for approval of project as a private infrastructure facility
and for Coordinator-General to take land
(1) The proponent of a project that is an infrastructure facility may apply to
the Coordinator-General for approval of the project as a private
infrastructure facility and to take land required for the private
infrastructure facility (a
"private infrastructure facility application" ) if— (a) each of the
following apply— (i) the project has been declared a coordinated project for
which an EIS is required under section 26 (1) (a) ;
(ii) the
Coordinator-General has publicly notified the Coordinator-General’s report
for the project;
(iii) the report has not lapsed;
(iv) the area of land
identified as required for the infrastructure facility is consistent with the
land assessed in the EIS for the project; or
(b) both of the following
apply— (i) the Coordinator-General is satisfied that adequate environmental
assessment has been carried out for the project in accordance with an
environmental assessment process under an Act, other than this Act, or under a
Commonwealth Act;
(ii) the area of land identified as required for the
infrastructure facility is consistent with the land assessed in the document,
similar to an EIS, to which the process relates.
(2) A
private infrastructure facility application must— (a) address the matters
mentioned in section 153AC (2) ; and
(b) include enough information about the
project to allow the Governor in Council to assess the matters mentioned in
that section; and
(c) identify the land (the
"subject land" ) that the proponent is applying to the Coordinator-General to
acquire; and
(ca) include evidence that the proponent has given written
notice of the application to the registered owner of the subject land; and
(d) be accompanied by the fee prescribed under a regulation.
(3) A
private infrastructure facility application is a properly made application
only if the Coordinator-General is satisfied it complies with subsection (2) .
(4) Sections 153AB to 153AD apply to a
private infrastructure facility application only if it is a properly made
application.
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