Planning and Development Act 2005

If the Minister is notified under section 171ZJ(2)(a) by a decision‑maker, the Minister may give a direction under this section if the Minister considers —

that —

the approved development in relation to the relevant development approval is prescribed significant development; or

the conflict raises issues of State or regional importance;

that it is appropriate to resolve the conflict.

A direction under this section is a direction to the decision‑maker to do 1 or more of the following for the purpose of resolving the conflict —

not perform the function as proposed;

perform the function in accordance with the direction;

reconsider the performance of the function in accordance with the direction and give effect to the outcome of the reconsideration;

take any steps specified in the direction for giving effect to the direction.

The direction can only be given —

if the Minister is not the responsible Minister for the relevant legal instrument under which it is proposed to perform the function — after consulting that responsible Minister; and

with the agreement of the Premier.

The direction may specify a period within which anything required to be done under the direction must be done.

The decision‑maker must comply with the direction —

even if that involves doing something, or omitting to do something, that, apart from this subsection, the decision‑maker could not do, or could not omit to do, under the relevant legal instrument; and

without limiting paragraph (a), despite any time limit that would, apart from this subsection, apply under the relevant legal instrument in relation to anything to which the direction relates.

If the Minister decides not to give a direction under this section, the Minister must notify the decision‑maker of the Minister’s decision.