Victorian Numbered Acts

MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 69

    (1)     This section applies if—

        (a)         in a formal public hearing or a properly made submission, a further option in relation to the declared project is put forward that the assessment committee considers—

              (i)     provides a prudent and feasible alternative to the preferred option contained in the comprehensive impact statement; and

              (ii)     has not been given sufficient consideration; and

        (b)     the assessment committee considers that that further option may have the effect of requiring the comprehensive impact statement to be revised and reassessed (a  supplementary assessment ).

    (2)     In exceptional circumstances, the assessment committee may recommend, in writing, to the Planning Minister that the Minister directs the project proponent to undertake a supplementary assessment.

    (3)     In determining what constitutes exceptional circumstances for the purpose of subsection (2), an assessment committee may have regard to—

        (a)     the nature of the declared project and the contents of the comprehensive impact statement; and

        (b)     the extent to which the further option provides a prudent and feasible alternative to the preferred option presented in the comprehensive impact statement; and

        (c)     the impacts of the further option; and    

        (d)         any further information that is provided to the committee by the project proponent under section 70(1) in relation to the extent to which the further option provides a prudent and feasible alternative.