Page 2069 - Week 07 - Thursday, 23 August 2007

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Note 3 If a development application is made in the code track, but the development proposal is in another track, the application must be refused (see s 113 (3)).

30

Clause 120

Page 87, line 6—

omit clause 120, substitute

120 Merit  track—notification and right of review

(1) To remove any doubt, if a development proposal is in the merit track, the application for development approval for the proposal must be publicly notified under division 7.3.4.

(2) If there is a right of review under chapter 13 in relation to a decision to approve an application for development approval for a proposal in the merit track, the right of review is only in relation to the decision, or part of the decision, to the extent that—

(a) the proposal is subject to a rule and does not comply with the rule; or

(b) no rule applies to the proposal.

31

Proposed new clause 122 (e)

Page 88, line 6—

insert

(e) the Commonwealth Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) advises the Minister in writing that the development proposed—

(i) is a controlled action under that Act, section 75; and

(ii) does not require assessment under that Act, part 8 (Assessing impacts of controlled actions) because a bilateral agreement between the Commonwealth and the Territory under that Act allows the proposal to be assessed under this Act.

32

Division 7.2.6

Page 94, line 7—

omit division 7.2.6, substitute

Division 7.2.6 Exempt  development

132 What is an exempt development?

In this Act:

exempt development means development that is exempt from requiring development approval under—

(a) the relevant development table; or

Note 1 Development tables are dealt with in s 53.

Note 2 Relevant development table—see the dictionary.

(b) section 132A; or

(c) a regulation.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .