Australian Capital Territory Numbered Acts

PLANNING AND DEVELOPMENT (CALL-IN POWER) AMENDMENT ACT 2015 (NO. 17 OF 2015) - SECT 158B

    (1)     This section applies if—

        (a)     an application is referred to the Minister under section 158 (1) (Direction that development applications be referred to Minister); and

        (b)     the Minister is not satisfied that the proponent of the development proposal to which the application relates has undertaken sufficient community consultation in relation to the proposal.

    (2)     The Minister must—

        (a)     refer the application back to the planning and land authority for further action and decision; or

        (b)     direct the authority to do either or both of the following:

              (i)     extend the public notification period under section 156 (3) (Representations about development applications) for a stated period and, if the Minister considers it necessary, tell stated people about the extended notification period;

              (ii)     ask the proponent, under section 141 (Authority may require further information—development applications), to give the authority stated further information in relation to the development application.

Example

information about community attitudes towards the development proposal

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     The authority must give the Minister any additional information and documents it receives under subsection (2) (b).

7     Minister may decide to consider development applications
Section 159 (1)

substitute

    (1)     This section applies in relation to an application—

        (a)     referred to the Minister under section 158 (Direction that development applications be referred to Minister); and

        (b)     in relation to which the Minister is satisfied that the level of community consultation carried out by the proponent of the development proposal to which the application relates is sufficient to allow the Minister to form an opinion under subsection (2).

8     After Minister decides referred development applications
New section 161 (2) (f)

insert

        (f)     a summary of community consultation under section 138AE and section 158B (2) (b) (if any).