Planning, Development and Infrastructure Act 2016

This section applies to a proposed development that is classified as impact assessed development (other than restricted development).

The

Minister may, in relation to a development to which this section applies—

indicate (at any time) that he or she will not grant a development authorisation for the development; or

on due application—

grant a development authorisation required under this Act, subject to conditions (if any) determined by the Minister; or

refuse approval to the development.

However, the Minister must not grant a development authorisation under this section unless—

an

EIS, and an Assessment Report, have been prepared in relation to the development in accordance with the requirements of this Subdivision (as appropriate); or

the

Minister is satisfied that an appropriate EIS, and an Assessment

Report, that encompass the development have previously been prepared.

If more than 5 years have elapsed since an EIS that relates to a development to which this section applies was completed and placed on public exhibition, the document cannot be used for the purposes of subsection (3) unless or until it has been reviewed in order to see whether it should be amended (and, if amendment is found to be necessary, unless or until it is amended).

The

Minister must, before the Minister approves a development to which this section applies, have regard to—

any relevant state planning policy; and

the relevant regional plan; and

the provisions of the Planning Rules and the regulations (so far as they are relevant); and

the

Building Rules (so far as they are relevant); and

if the development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment

Protection Act 1993—

the objects of the Environment

Protection Act 1993;

and

the general environmental duty under the Environment

Protection Act 1993;

and

any relevant environment protection policies under the Environment

Protection Act 1993;

and

if the development is to be within an area of the State that is specifically subject to a special legislative scheme—the views of the Minister who is responsible for the administration of the Act in question; and

any relevant EIS, and the relevant Assessment Report, and may, in making a decision, take into account other matters considered relevant by the Minister.

The

Minister may grant a provisional development authorisation under this section, reserving a decision on a specified matter—

until further assessment of the relevant development under this Act; or

until further assessment or consideration of the proposed development under another Act; or

until a consent, approval, licence, permit or other authorisation is granted, or not granted (by the decision of another authority), under another Act.

The

Minister may—

when determining what conditions should be attached to a development authorisation under this section, attach conditions that must be complied with in the future;

—

in relation to matters specified by the Minister when granting a development authorisation under this section; or

on application of a person who has the benefit of a development authorisation under this section; or

in relation to a matter that is relevant to the variation of a development authorisation under this section, vary or revoke conditions to which the development authorisation is subject or attach new conditions to the development authorisation.

The

Minister may, on the application of a person who has the benefit of the development authorisation under this section, vary a development authorisation that has been given under this section.

If—

the

Minister gives a development authorisation under this section; but

the development to which the development authorisation relates is not commenced by substantial work on the site of the development within the time specified by the regulations or, if a time is specified by the Minister as part of the development authorisation, within that time, the

Minister may, by notice in writing to any owner or occupier of the relevant land, cancel the development authorisation.

No appeal lies against a decision under this section.

A person—

who undertakes development to which this section applies without the consent of the Minister; or

who undertakes development contrary to a development authorisation under this section; or

who contravenes, or fails to comply with, a condition on which a development authorisation was granted, is guilty of an offence.

Maximum penalty: $120 000.

Additional penalty.

Default penalty: $1 000.

A person who has the benefit of a development must ensure that the development is used, maintained and operated in accordance with—

any development authorisation under this section; and

documents submitted for the purposes of this Division that are relevant to such development authorisation.

Maximum penalty: $120 000.

Default penalty: $500.