S. 68(1) substituted by No. 41/2021 s. 123.
(1) The person who submitted the capacity expansion proposal to the Ports Minister (the applicant ) may apply to the Commission for it to certify the proposal if—
(a) the Minister has refused to approve the proposal; or
(b) the Minister has failed to make a decision under section 66 within the time required by that section.
S. 68(1A) inserted by No. 41/2021 s. 123.
(1A) An application under subsection (1) must be made—
(a) if the Ports Minister has refused to approve the proposal, within 3 months after the refusal; or
(b) if the Ports Minister has failed to make a decision under section 66, within 3 months after the time the Minister was required to make the decision by that section.
(2) An application must attach a copy of the capacity expansion proposal.
(3) If there are guidelines in effect under section 64 in respect of the form and content of a capacity expansion proposal, the capacity expansion proposal that the applicant attaches to the application must accord with the guidelines.