Page 1844 - Week 06 - Thursday, 14 May 2015
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The proposed approach requires the minister to be satisfied that adequate community consultation has taken place before a development application can be considered for a call-in, taking into account the criteria under existing section 159(2) of the act. In summary, existing section 159(2) permits the minister to call in a DA only if the minister is of the opinion that the DA raises a major policy issue that has a substantial effect on a relevant object of the territory plan or involves a possible substantial public benefit. The proposed approach requires the minister to be satisfied that there has been sufficient community consultation to permit the minister to properly assess the criteria under section 159(2). This assessment of community consultation must be based on all relevant circumstances rather than the existence or otherwise of a single procedural step.
Under the proposed approach the minister cannot make a call-in unless satisfied there has been sufficient community consultation, taking into account the nature of the proposal itself as well as a range of other relevant circumstances. This is the effect of new section l58A in proposed new clause 6 in the government amendments and also revised section 159(1) in proposed new clause 7. The minister must also consider whether pre-lodgement community consultation was undertaken, whether DA notification has been undertaken, as well as the overall level of public awareness of and debate on the proposal.
If the minister is not satisfied that sufficient community consultation has taken place, taking into account all of these matters, the minister has a number of options. The minister can either return the DA to the planning and land authority or require an extended period of public notification of the DA. The minister can also direct the planning and land authority to notify specific stakeholders.
The minister can also direct the planning and land authority to require the proponent to provide further information pursuant to existing section 141 of the act. This request for further information could involve a requirement for the proponent to provide more information about community attitudes to the proposal—for example, through further consultation with local neighbours. This and other options are all set out in new section 158B in proposed new clause 6.
Following completion of any such further steps, the minister is able to reassess whether it is in the public interest to call in the matter or not. As I indicated earlier, this is a more comprehensive approach in that it permits the minister to take account of all relevant circumstances determining whether community consultation has been adequate.
The proposed approach is more flexible than the existing bill because it permits a call-in even if community consultation is arguably incomplete, if the public interest so requires. For example, the minister may call in a DA on the basis that the development proposal is self-evidently not in the public interest and should be immediately refused to prevent unnecessary disquiet and uncertainty in the community. (Second speaking period taken.)
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