39AAISubmission process

1. Sections 24 and 25 must be read as if replaced with the following sections:

   24Process if no indications of submissions received by Minister or local authority

   1. Subsection (2) applies if the Minister or a local authority, as the case may be,—

   2. gives and serves notice under section 23 (as modified by section 39AAH) of an intention to take land required for a critical infrastructure project; and
   3. does not receive, in the time frame permitted under subsection (3), a written indication from any person with an estate or interest in the land of their intention to make a submission in relation to the taking of the land.

   4. The land may be taken in accordance with section 26 (as modified by section 39AAJ).

   5. For the purposes of subsection (1)(b), the time frame permitted means,—

   6. in relation to a person with an unregistered estate or interest in the land,—
      1. the period for indicating an intention to make a submission stated in the notice given under section 23(1)(b) (as modified by section 39AAH(1)); or
      2. that period plus any extension granted to the person under section 25A (as inserted by operation of section 39AAI):
   7. in relation to the owner of, and persons with a registered interest in, the land,—
      1. 10 working days from the date on which the notice of intention to take the land is served under section 23(1)(c) (as modified by section 39AAH(1)); or
      2. that period plus any extension granted to the owner or person under section 25A (as inserted by operation of section 39AAI).

   25Process if submissions received by Minister or local authority

   1. This section applies if—

   2. the Minister or local authority, as the case may be, gives and serves notice under section 23 (as modified by section 39AAH) of their or its intention to take land required for a critical infrastructure project; and
   3. in response, the owner or any other person with an estate or interest in the land—
      1. indicates, in writing and in the time frame permitted under section 24 (as modified by section 39AAI), their intention to make a submission to the Minister or local authority; and
      2. in the time frame permitted under subsection (7), makes a submission.

   4. The responsible department or Crown body must, no later than 10 working days after the latest date on which submissions to the Minister may be received, or within any extension to that period granted to it under section 25A, provide the Minister with—

   5. a written response to the submissions received; and
   6. any new information it holds in relation to the matters raised in each submission and that it has not previously supplied to the Minister.

   7. The Minister must send to a submitter a copy of any information received from the department or Crown body in response to their submission, and the submitter has a right to respond to the Minister, with 1 further written submission, no later than 10 working days after receiving the information, or within any extension to that period granted to them under section 25A.

   8. Subject to section 25A(6), the local authority must, no later than 10 working days after the latest date on which submissions to it may be received, send each submitter a written response to their submission, and the submitter has a right to respond to the local authority with 1 further written submission no later than 10 working days after receiving the information, or within any extension to that period granted to them under section 25A.

   9. A submitter may withdraw a submission or further submission at any time before the Minister or local authority considers it for the purposes of forming an opinion under section 26(1) (as modified by section 39AAJ(1)).

   10. No submitter has a right to an oral hearing by the Minister or local authority under this section.

   11. For the purposes of subsection (1)(b)(ii), the time frame permitted means,—

   12. in relation to a person with an unregistered estate or interest in the land,—
       1. the period for making a submission stated in the notice given under section 23(1)(b) (as modified by section 39AAH(1)); or
       2. that period plus any extension granted to the person under section 25A (calculated from the end date of the period in which that person may indicate their intention to make a submission):
   13. in relation to an owner of, or a person with a registered interest in, the land,—
       1. 20 working days from the date referred to in section 24(3)(b) (as modified by section 39AAI); or
       2. that period plus any extension granted to the person under section 25A (calculated from the end date of the period in which the owner or person may indicate their intention to make a submission).

   14. In this section, a reference to section 25A must be read as a reference to section 25A as inserted by operation of section 39AAI.

   25AExtensions to submission procedure time frames

   1. An interested person may request the Minister or a local authority, as the case may be, to grant 1 or more extensions to 1 or more of the following time frames specified in a notice given or served under section 23 (as modified by section 39AAH):

   2. the period within which the interested person may provide a written indication of their intention to make a submission:
   3. the period within which the interested person may make a submission:
   4. the period within which the interested person may make a further submission.

   5. A responsible department or Crown body may request the Minister to grant 1 or more extensions to the time frame specified in section 25(2) (as modified by section 39AAI).

   6. A request must be in writing.

   7. The Minister or local authority, as the case may be, may grant a request if,—

   8. in the Minister’s or local authority’s opinion, it is reasonable to do so; and
   9. the extension will not increase the specified time frame for that step of the submission procedure by more than 20 working days (whether of itself or in combination with any other extensions previously granted under this section for that step).

   10. The Minister or local authority must—

   11. decide whether to grant a request as soon as practicable, but no later than 3 working days after receiving the request; and
   12. as soon as practicable, give written notice of that decision to the interested person, responsible department or Crown body, or local authority, as the case may be.

   13. If the decision relates to a request under subsection (2), the Minister must also give written notice of their decision to all interested persons who have made a submission.

   14. A local authority may extend the time by which it must send written responses to submitters under section 25(4) (as modified by section 39AAI)—

   15. by no more than 20 working days; and
   16. if it considers it reasonable to do so; and
   17. provided it gives written notice of that fact to all interested persons who have made a submission.

   18. In this section, interested person means a person with an estate or interest in the land described in a notice referred to in subsection (1).