Page 4277 - Week 13 - Thursday, 27 November 2014
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If the Minister is to decide the development application (using the Minister’s call-in power (see Planning and Development Act 2007, div 7.3.5)), the development approval may be inconsistent with the conservator’s advice if the Minister is satisfied that the approval is consistent with the offsets policy (see Planning and Development Act 2007, s 128 (1A)).
312C Advice about adverse environmental impacts
(1) This section applies if the conservator is satisfied on reasonable grounds that a proposed development is likely to have an adverse environmental impact.
(2) The conservator may give the planning and land authority written advice in accordance with section 312D about the development.
Note If the planning and land authority refers a development application to the conservator under the Planning and Development Act 2007, s 147A or s 148, the conservator must, not later than 15 working days after being given the application, give the planning and land authority its advice (see Planning and Development Act 2007, s 149).
312D Requirements for conservator’s advice
(1) This section applies if the conservator gives advice—
(a) under section 312C about a development; or
(b) under the Planning and Development Act 2007, section 149 (Requirement to give advice in relation to development applications) about a development application.
(2) The conservator’s advice must include—
(a) an outline of the environmental impact of the proposed development; and
(b) advice about ways to avoid or minimise the environmental impact of the proposed development; and
(c) an assessment of whether the proposed development is likely to have a significant adverse environmental impact on a protected matter; and
(d) if the proposed development is likely to have a significant adverse environmental impact on a protected matter—advice about suitable offsets for the proposed development.
Note 1 If the proposed development is likely to have a significant adverse environmental impact, the development application may be declared to be in the impact track (see Planning and Development Act 2007, s 124), and may require an offset (see Planning and Development Act 2007, s 111C, def offset).
Note 2 Significant adverse environmental impact—see the Planning and Development Act 2007, s 124A.
(3) In preparing the advice, the conservator—
(a) must consider—
(i) the policy statement ‘Significant Impact Guidelines—Matters of National Environmental Significance’ published by the Commonwealth, as in force from time to time; and
Note The policy statement is available at www.environment.gov.au.
(ii) the offsets policy; and
(b) may consider any other guideline, plan or policy published by the Territory or the Commonwealth about—
(i) protected matters; or
(ii) matters of national environmental significance.
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