Planning Act 2023

A decision‑maker may approve a development application if—

the application is for—

a development proposal that is inconsistent with entity advice mentioned in section 189 (1) (c); or

a territory priority project that is inconsistent with the advice of the conservator of flora and fauna mentioned in section 189 (1) (d); and

the proposal or project does not involve a protected matter; and

the decision‑maker has considered both of the following:

the desired outcomes applying to the proposal under the territory plan;

for a proposal or project requiring an EIS—any reasonable alternative development options; and

the decision‑maker is satisfied that acting contrary to the advice will significantly improve the planning outcome to be achieved.

Note The decision-maker for an application for a territory priority project is the Minister (see s 144).

Also, the chief planner or the Minister may approve a development application if—

the application is for a significant development that is likely to have a significant adverse environmental impact on a declared protected matter; and

the proposal is inconsistent with the advice of the conservator of flora and fauna mentioned in section 189 (1) (c) in relation to the protected matter; and

the chief planner or Minister is satisfied that the proposal—

is consistent with the offsets policy; and

would provide a substantial public benefit.

Note The chief planner or Minister’s approval must be consistent with approvals required under the EPBC Act.

A decision-maker must state in their decision the reasons why they were satisfied of the matters mentioned in subsection (1) (d) or (2) (c).

In this section:

development proposal—see section 189 (7).