State Development Coordination and Facilitation Act 2025

CGO may, by written notice given to the decision maker for a designated decision, direct the decision maker to impose such conditions on the designated decision as CGO thinks fit.

Subject to subsection (5),

If the decision maker for a designated decision is a Minister, CGO may only act under subsection (1) or (2) with the approval of that Minister.

Subsections (1) and (2) apply despite any provision under the designated Act regulating or limiting—

the conditions to which a designated decision may be subject; or

the process or manner in which such conditions may be imposed or amended.

Despite subsection (4),

CGO amends the condition in accordance with the provisions of the designated Act authorising the amendment of such a condition; or

the person who has the benefit of the designated decision consents to the amendment; or

in the case of an approval granted for a specified period—the amendment is to take effect on renewal or extension of the approval for a further period; or

CGO is satisfied that the amendment—

provides for consistency between the conditions applying to the designated decision and any requirements or conditions applying under an Act of the Commonwealth in relation to the declared project; or

is likely to prevent harm to a person or material environmental harm or serious environmental harm (both within the meaning of the

is in connection with a failure by the person who has the benefit of the designated decision to comply with a requirement under an Act or law (including a condition of an approval under an Act or law); or

in prescribed circumstances.

Before giving a notice under subsection (1) or (2), CGO must—

in the case of a notice under subsection (1)—consult with the decision maker on the proposed notice; or

in the case of a notice under subsection (2)—consult with the decision maker and the proponent on the proposed amendment.

If a notice under subsection (1) is given to the decision maker, the decision maker—

must comply with a direction under subsection (1);

must not impose a condition on the designated decision that is inconsistent with a condition that it is directed to impose under subsection (1).

A condition imposed by a decision maker in accordance with a notice under subsection (1) is taken to be a condition validly imposed by the decision maker under the designated Act (whether or not the condition could have, but for the operation of this section, been validly imposed under the designated Act).

A condition applying to a designated decision by virtue of an amendment made in accordance with a notice under subsection (2) is taken to be a valid condition operating under the designated Act (whether or not the amendment effecting the condition could have, but for the operation of this section, been validly made under the designated Act).

CGO may, at any time, revoke—

a condition imposed by a decision maker in accordance with a notice under subsection (1);

a condition applying to a designated decision by virtue of an amendment made in accordance with a notice under subsection (2).