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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 76O
Coordinator-General’s decision
76O Coordinator-General’s decision
(1) After making an assessment about the prescribed decision or process, the
Coordinator-General may— (a) if the decision had not been made or the
process had not been undertaken by the decision maker— (i) make the decision
or undertake the process; or
(ii) send back the decision or process, with or
without conditions, to the decision maker under the relevant law for the
decision or process; or
(iii) decide aspects of the decision and send back
undecided aspects of the decision, with or without conditions, to the decision
maker under the relevant law for the decision; or
(b) otherwise— (i)
confirm or amend the decision; or
(ii) cancel the decision and substitute a
new decision.
(2) In acting under subsection (1) , the Coordinator-General
may, in relation to the prescribed decision, impose conditions the
Coordinator-General considers necessary or desirable having regard to— (a)
the nature of the prescribed project to which the decision relates; and
(b)
whether the applicant for the decision has entered into a
voluntary environmental agreement for the undertaking of the project; and
(c)
the matters mentioned in section 76N (c) the Coordinator-General considered
for the decision.
(3) Without limiting subsection (2) , the
Coordinator-General may impose a condition requiring the applicant to carry
out an activity or works that— (a) prevent, control or mitigate detrimental
environmental effects that may arise because of the undertaking of the
prescribed project; or
(b) restore or enhance aspects of the environment that
may be affected by the undertaking of the prescribed project to which the
decision relates.
(4) For subsection (3) , an activity or works mentioned in
the subsection may be required to be carried out on land on which the
prescribed project is being undertaken or on other land in another part of the
State.
(4A) If the Coordinator-General receives a recommendation under
section 76M (4) to impose a condition in relation to the prescribed decision,
the Coordinator-General must impose the condition unless the Minister directs
otherwise.
(5) For a condition imposed under this section, the
Coordinator-General may nominate an entity that is to have jurisdiction, under
the relevant law for the prescribed decision, for the condition.
(6) An
entity may be nominated for 1 or more of the conditions.
(7) If the
Coordinator-General nominates an entity under subsection (5) , the
Coordinator-General must give each of the following written notice of the
nomination— (a) the entity;
(b) the decision maker and the applicant for
the prescribed decision.
(8) Subject to this part, the relevant law for the
prescribed decision or process applies to the making of the
Coordinator-General’s decision under this section.
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