Planning Act 2023

A relevant agency may, by written notice, require an applicant for an environmental significance opinion to give more information in support of the application.

The notice must state the period, not shorter than 20 working days, within which the applicant must respond to the notice.

The relevant agency may refuse to decide the application if the requested information is not given to the agency within the stated period.

A relevant agency deciding an application must—

if the relevant agency considers that the proposal is not likely to have a significant adverse environmental impact—give the environmental significance opinion; or

if the relevant agency considers that the proposal is not likely to have a significant adverse environmental impact if the development satisfies certain conditions—give the environmental significance opinion subject to the stated conditions (a conditional environmental significance opinion); or

reject the application.

Note If a conditional environmental significance opinion has been given for a development, the development approval must include a condition that the development comply with the condition in the environmental significance opinion (see s 187 (1) (d)).

In addition, an application to amend a development approval must be refused if the changed development proposal would be in breach of a condition included in the approval relating to a conditional environmental significance opinion (see s 206 (2) (a)).

If a relevant agency other than the territory planning authority rejects the application, the relevant agency must give written notice of the rejection to the authority.

If the territory planning authority rejects the application or receives notice under subsection (5), the authority must give written notice of the rejection to the applicant.

A relevant agency is taken to have rejected an application for an environmental significance opinion if the agency does not give the opinion or notice under subsection (5) within—

if no information is requested under subsection (1)—30 working days after the application is made to the agency; or

if information is requested and the information is given to the agency—30 working days after the information is given to the agency; or

if information is requested and the information is not given to the agency within the period stated—30 working days after the stated period has ended.

However, the relevant agency may decide the application despite the rejection of the application under subsection (7).