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Legislative Assembly for the ACT: 2004 Week 05 Hansard (Thursday, 13 May 2004) . . Page.. 1916 ..

8C New  section 74A (3)

insert

(3) This section does not apply to a decision if the Minister makes a declaration under section 74 (3) in relation to the decision.

Schedule 5

Environment Legislation Amendment Bill 2004

Amendments moved by the Minister for Environment

1

Proposed new clauses 8A, 8B and 8C

Page 20, line 16—

insert

8A Section  74

omit

Application

substitute

(1) Application

8B New section 74 (2) to (8) 

insert

(2) However, subsection (1) does not apply to a decision declared under subsection (3) to be about conduct related to works for the Gunghalin Drive extension.

(3) The Minister may, in writing, declare that a stated decision of the conservator mentioned in subsection (1) (d), (f), (g) or (h) is about conduct related to works for the Gunghalin Drive extension.

(4) The declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(5) If the Minister makes a declaration under subsection (3) about a decision of the conservator, the conservator must give written notice of the decision to the licensee.

(6) The notice under subsection (5) must include—

(a) a statement that a declaration under subsection (3) has been made in relation to the decision; and

(b) a statement about the operation of subsection (2).

(7) In this section:

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