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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 153AC
Criteria for approval of project
153AC Criteria for approval of project
(1) This section applies if a private infrastructure facility application is
made for a project.
(2) The Governor in Council may, by gazette notice,
approve the project as a private infrastructure facility if the Governor in
Council is satisfied of each the following— (a) the project has economic or
social significance and economic or social benefits to Australia, the State or
the region in which the project is to be undertaken;
(b) the proponent has
the financial and technical capability to complete the project in a timely
way;
(c) the project satisfies an identified need or demand for the services
provided by the project;
(d) the project will be completed in a timely way to
satisfy the identified need or demand;
(e) the land on which the facility is
proposed to be located has been sufficiently identified;
(f) the project is
not inconsistent with State policies;
(g) for the subject land— (i) the
proponent has negotiated for at least 6 months with each registered owner of
the land and has taken reasonable steps to purchase the land by agreement; and
(ii) if native title exists in relation to the land, the proponent has taken
reasonable steps to enter into an indigenous land use agreement for the land.
(3) In deciding whether the project has economic or social significance and
economic or social benefits under subsection (2) (a) , the potential for the
project to contribute to community wellbeing, economic growth or employment
levels must be taken into account.
(4) In assessing the potential under
subsection (3) , the contribution the project may make to agricultural,
industrial, resource or technological development in Australia, the State or a
region is a relevant consideration.
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