Page 4276 - Week 13 - Thursday, 27 November 2014

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Clause 259 (3)

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section

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Proposed new chapter 12A

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Chapter 12A Land development applications

312A Meaning of development—ch 12A

(1) In this chapter:

development means a proposed development to which a development application applies.

(2) In this section:

development application—see the Planning and Development Act 2007, dictionary.

312B Simplified outline

The following notes provide a simplified outline of this chapter and the Planning and Development Act 2007, chapter 7 (Development approvals):

Note 1 Conservator to be given copy of certain development applications

The planning and land authority is required to give the conservator a copy of each development application that is likely to have a significant adverse environmental impact on a protected matter (see Planning and Development Act 2007, s 147A). The planning and land authority may also be required to give the conservator a copy of each development application in the merit track or impact track (see Planning and Development Act 2007, s 148). This requirement does not apply to a development application for a development proposal in the code track (see Planning and Development Act 2007, s 117 (c)).

Note 2 Conservator to give advice about development application

The conservator gives advice to the planning and land authority about adverse environmental impacts of the proposed development (see s 312C and s 312D) (see also Planning and Development Act 2007, s 149, s 150 and s 151).

Note 3 Conservator’s advice to be considered

The conservator’s advice must be considered by the planning and land authority (or the Minister) in approving or refusing to approve a development application (see Planning and Development Act 2007, s 119 (2), s 120 (d) and s 129 (e)).

Note 4 Development approval by authority to be consistent with conservator’s advice

If the authority is to decide the development application, development approval must not be given unless the development proposal is consistent with the conservator’s advice (see Planning and Development Act 2007, s 128 (1) (b) (vi)).

Note 5 Development approval by Minister may be inconsistent with conservator’s advice

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