Planning Act 2023

The territory planning authority must refer a development application as follows:

to an entity prescribed by regulation (a referral entity);

if required by the territory plan—to the entity stated in the territory plan;

if the authority is satisfied that a proposed development is likely to have a significant adverse environmental impact on a protected matter—to the conservator of flora and fauna;

if the authority is satisfied that a proposed development is likely to have an adverse impact on a matter in which a government entity (other than a referral entity) has an interest, or is relevant to matters over which a government entity (other than a referral entity) has an advisory role—to the government entity;

if the authority is satisfied that the proposed development is likely to affect a protected tree or declared site—to the conservator of flora and fauna.

However, the territory planning authority need not refer a development application to an entity under subsection (1) if—

the authority is satisfied that the applicant has adequately consulted the entity—

in relation to the same development proposal as the proposal in the application; and

not earlier than 6 months before the day the application is made; and

the entity agrees in writing to the proposed development.

If the requirements under subsection (2) are met—

the application is taken to have been referred to the entity; and

the agreement mentioned in subsection (2) (b) is taken to be advice received in accordance with section 172 in relation to the development application.