Page:Infrastructure Protection Act 2017.pdf/39

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NO. 41 OF 2017


(a) give notice of the Minister’s intention to do so to the intended responsible person; and
(b) give the intended responsible person 14 days (or such longer or shorter time as the Minister may specify in the notice) after the date of the notice to make representations on the proposed designation.

(4) The Minister may, at any time, cancel the designation of a special development—

(a) in the case of a designation under subsection (1)(a), by written notice to the responsible person of the special development; and
(b) in the case of a designation under subsection (1)(b), by written notice to the responsible person of the special development or by order in the Gazette.

(5) On the cancellation of the designation of a special development, any approved security plan for the special development is also cancelled.

(6) To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to make a designation under subsection (1) or cancel a designation under subsection (4).

Approved security plan for special development

35.—(1) The responsible person of a special development must not carry out, or cause or allow the carrying out of, any specified works for the special development unless the responsible person has obtained under this Division the Commissioner’s approval, or provisional approval, of a security plan for the special development in connection with those specified works.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.