(1) This section
applies to an application made to the State Administrative Tribunal if the
Minister considers that the application raises issues of such State or
regional importance that it would be appropriate for the application to be
determined by the Minister.
(2) The Minister may
direct —
(a) the
President to refer an application to which this section applies to the
Minister for determination; or
(b) the
State Administrative Tribunal to hear the application but, without determining
it, to refer it with recommendations to the Minister for determination.
(3) The Minister
cannot give a direction under subsection (2) —
(a) in
respect of an application made to the State Administrative Tribunal under the
Heritage Act 2018 ; or
(b) more
than 28 days after the application was made to the State Administrative
Tribunal; or
(c)
after a final determination has been made in relation to the application.
(4) The Minister,
within 14 days after a direction is given, is to cause a copy of it to be
published in the Gazette and, as soon as is practicable, is to cause a copy of
it to be laid before each House of Parliament or dealt with under
section 268A.
(5) If the Minister
gives a direction under subsection (2)(a), each party to the proceeding may
present the case of that party to the Minister.
(6) The Minister is to
have regard to the submissions of the parties and may have regard to any other
submission received by the Minister.
(7) A copy or
transcript of any submission to which the Minister has regard is to be —
(a)
given to each party; and
(b)
published in the manner prescribed by the regulations.
[Section 246 amended: No. 28 of 2010 s. 48; No. 22
of 2018 s. 186(15); No. 34 of 2023 s. 78.]