Page 3205 - Week 10 - Thursday, 25 September 2014
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The bill amends the Planning and Development Act to allow the minister to amend a DA. The Planning and Land Authority may prepare a report for the minister in relation to the application on anything the minister considers relevant. The minister may, in deciding to amend or refuse to amend a DA, consider the report prepared by the Planning and Land Authority. The minister may also delegate the decision to amend or refuse to amend the DA to the Planning and Land Authority.
Madam Deputy Speaker, the criteria for assessment of an application for amendment by the minister are to be the same as the criteria for applications to amend DAs decided by the Planning and Land Authority. The minister must consider the application as if the development originally approved had been completed, and the application was an application for approval of a development proposal to change the completed development to give effect to the amendment.
The minister must refuse to amend if the amendment results in a change in the assessment track or would be in breach of a court-imposed condition. The minister must also refuse to amend unless satisfied that the amended approval will be substantially the same as the originally approved development.
I would like to make it clear that this does not open the door to significant changes to the original DA. The amendment merely allows for minor non-substantive adjustments of the DA if this is required as a matter of practical necessity. Any changes can only be made within the clearly defined limits that I have referred to.
I would also like to make it clear that, under the Planning and Development Act, the minister’s decision on a DA under the call-in power is not reviewable by ACAT. This is consistent with the nature of the decision which is made at ministerial level, taking into account the wider public interest and the fact that the minister is accountable for this decision to the Assembly and the electorate. Consistent with this, the minister’s decision to amend a DA will also not be subject to ACAT merit review.
The bill also amends the notification requirements for an environmental significance opinion under the Planning and Development Act. The environmental significance opinion process applies to certain developments that are ordinarily subject to the impact track for development assessment. If the proponent wants the development assessed in a less onerous merit track on the grounds that it is not likely to have a significant adverse environmental impact, they can apply to the relevant agency for an environmental significance opinion, or ESO.
If the relevant agency rejects the application, it must notify the applicant and the Planning and Land Authority in writing. The Planning and Land Authority presently processes applications for an ESO and an opinion is frequently given by the Conservator of Flora and Fauna.
The bill will amend this notification requirement to achieve administrative efficiency. Rather than the relevant agency notifying the applicant, the agency will notify the Planning and Land Authority. The Planning and Land Authority will then notify the applicant.
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