Victorian Numbered Acts

MAJOR TRANSPORT PROJECTS FACILITATION ACT 2009 (NO. 56 OF 2009) - SECT 77

    (1)     Subject to this Division, on receiving an impact management plan or assessment committee recommendation, the Planning Minister must make a decision (an approval decision ) whether to—

        (a)     grant all or some of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed; or

        (b)     refuse to grant all of the applicable approvals that are necessary for the declared project or a part of the declared project to be developed.

    (2)     In making an approval decision, the Planning Minister must—

        (a)     in the case where the Minister receives an assessment committee recommendation, have regard to—

              (i)     the assessment committee recommendation; and

              (ii)     the advice of the EPA under section 74; and

        (b)     in every case, have regard to the discretionary applicable law criteria under an applicable law; and

        (c)     subject to subsection (3), in every case, have regard to the mandatory applicable law criteria under an applicable law.

    (3)     Subsection (2)(c) applies despite anything to the contrary in the applicable law that requires the relevant applicable law decision maker under that law to do anything other than have regard to the mandatory applicable law criteria.