Impact assessed development
31 Impact assessed development
The
Minister may, on application or on the Minister's own initiative, by notice in the Gazette, declare that—
a declared project; or
development that is part of a declared project, will be taken to be development that falls within the category of impact assessed development for the purposes of the Planning,
Development and Infrastructure Act 2016.
Before publishing a notice under subsection (1), the Minister must consult with CGO.
If the Minister makes a declaration under subsection (1),
Part 7 Division 2 Subdivision 4 of the Planning,
Development and Infrastructure Act 2016 (other than section 110) applies in relation to the project as if—
a reference to the Commission or Chief Executive in sections 112, 113(9) to (12) (inclusive) and 114(3) were a reference to CGO; and
a reference to the Commission or Chief Executive in a practice direction published by the Commission in accordance with section 109 relating to a function of the Commission or Chief Executive in connection with a provision referred to in paragraph (a) were a reference to CGO.
For the purposes of the Planning,
Development and Infrastructure Act 2016, a declaration under subsection (1) will be treated as if it were a declaration by the Minister under section 108(1)(c) of that Act.
Despite any other provision of this Act, a disallowable notice cannot modify or exclude a provision of sections 112 to 114 (inclusive) of the Planning,
Development and Infrastructure Act 2016 in relation to development the subject of a declaration under subsection (1).
This Act’s bill:Second reading speech
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