Planning and Environment Act 1987

Subject to subsections (2) and (3), an application for a permit by or on behalf of a Minister or government department must be made and dealt with in accordance with this Part.

The Governor in Council may by Order published in the Government Gazette declare that a responsible authority must refer all applications in a specified class of applications for permits by Ministers or government departments to the Minister.

The Minister may direct the responsible authority to refer to the Minister an application for a permit by or on behalf of a Minister or government department if—

not less than 21 days have elapsed since lodgment of the application; and

the Minister has consulted with the responsible authority; and

the Governor in Council considers that the over-riding interests of the State required that the application be so referred.

The responsible authority must comply with an Order or direction and must not proceed further with the application.

The Governor in Council may determine any application referred to the Minister under subsection (2) or (3).

A determination by the Governor in Council under subsection (5) is final and is not subject to review or appeal except in the Supreme Court on a question of law.

If the Governor in Council determines that a permit is to be granted, with or without conditions, the Minister is to be the responsible authority for the purpose of issuing, administering and enforcing the permit.

The Governor in Council may by Order published in the Government Gazette change or revoke an Order under subsection (2).