Planning Act 2023

This section applies if—

a decision‑maker proposes under section 185 to approve a development application (with or without a condition); and

the proposed development is likely to have a significant adverse environmental impact on a matter protected by the Commonwealth.

Before the decision‑maker may approve the application, the decision‑maker must refer the proposed decision to the Commonwealth Minister responsible for administering the EPBC Act.

If the Commonwealth Minister does not give the decision‑maker advice about the proposed decision within 10 working days after the day the decision‑maker gives the application to the Commonwealth Minister, the decision‑maker may approve the application.

Note If the Commonwealth Minister gives the decision‑maker advice about the proposed approval, development approval must not be given unless the development proposal is consistent with the advice (see s 189 (1) (e)).