Page 3350 - Week 11 - Tuesday, 21 October 2014
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I should also note that the bill provides for the minister to request the Planning and Land Authority to prepare a report to assist with consideration of the application. The minister may, in deciding to amend or refuse to amend a DA, consider the report prepared by the Planning and Land Authority. I would also like to note that the minister may delegate the decision to amend or refuse to amend the DA to the Planning and Land Authority under section 254A of the Legislation Act. I would also like to make it clear that under the Planning and Development Act the minister’s decision on a DA under 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 his decision to the Assembly and, of course, the electorate.
The bill will also amend 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 the less onerous merit track on the grounds that it is not likely to have 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 amends the 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. This is a more efficient process, given that the Planning and Land Authority has general oversight of the assessment process and has its own well-established procedures to notify applicants and other interested parties.
This new process keeps the Planning and Land Authority informed of the status of the application of an ESO. There is no change to the applicant’s position from the applicant’s point of view. The applicant is simply notified by the Planning and Land Authority rather than the relevant agency.
The bill also amends notice of direct sale requirements in the Planning and Development Act. Section 242(1) of the Planning and Development Act provides that within five working days after the end of the calendar quarter the Planning and Land Authority must give the minister a notice about the number of leases granted by direct sale during that quarter. The bill amends this section to extend this time period from five to 10 working days.
This change has been made to provide the Planning and Land Authority with additional time to produce the notice and associated documents and to ensure the minister receives the notice. This amendment ensures that the authority continues to meet statutory time frames.
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