Fisheries Management Act 1994

This section applies to the following—

development (not being State significant development or complying development) that requires development consent when a Minister is not the consent authority,

an activity that requires environmental impact assessment under Part 5 of the Planning Act when a Minister is not the determining authority.

The consent authority is not to grant development consent if the development is likely to significantly affect threatened species, populations or ecological communities, unless the consent authority has obtained the concurrence of the Development Coordination Authority.

The determining authority is not to carry out the activity, or grant an approval to carry out the activity, if the activity is likely to significantly affect threatened species, populations or ecological communities, unless the determining authority has obtained the concurrence of the Development Coordination Authority.

(Repealed)

In determining whether to give a concurrence under this section, the Development Coordination Authority is to have regard to the following—

any species impact statement prepared for the development or activity and submissions made in response to it,

any assessment report prepared by or on behalf of the proponent,

any Priorities Action Statement,

whether the development or activity is likely to reduce the long-term viability of the threatened species, populations or ecological communities in the bioregion,

the facilitation of ecologically sustainable development.

A concurrence under this section may be conditional on the taking of action that the Development Coordination Authority considers will significantly benefit threatened species, populations or ecological communities and to which the person required to take the action has agreed. Any such action may (without limitation) include the provision of biodiversity offsets.

The terms of a concurrence under this section may be varied by the person who gave the concurrence at the request of the consent authority or determining authority concerned.

A consent authority that grants consent, or a determining authority that grants approval, to the carrying out of development or an activity for which a concurrence under this section has been granted must grant the consent or approval subject to any conditions of the concurrence. This does not affect the right of the consent authority or determining authority to impose other conditions not inconsistent with the conditions of the concurrence or to refuse consent or approval.