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NATURE CONSERVATION ACT 2014 - SECT 316

Simplified outline

The following notes provide a simplified outline of this chapter and the Planning Act 2023

, chapter 7 (Development assessment and approvals):

Note 1     Certain development applications to be referred to conservator

The territory planning authority is required to refer a development application to the conservator if the application is likely to have a significant adverse environmental impact on a protected matter (see Planning Act 2023

, s 170 (1) (c)). The territory planning authority may also be required to refer other development applications to the conservator (see Planning Act 2023

, s 170 and s 171).

Note 2     Conservator to give advice about development application

The conservator gives advice to the territory planning authority, within the prescribed number of days, about adverse environmental impacts of the proposed development (see Planning Act 2023

, s 172). The conservator may also give the authority advice about adverse environmental impacts under this Act, s 317.

Note 3     Conservator's advice to be considered

The conservator's advice must be considered by the decision-maker in deciding a development application referred to the conservator (see Planning Act 2023

, s 186 (i), s 189 and s 190).

Note 4     Approvals inconsistent with conservator's advice

A development approval that is inconsistent with the conservator's advice may be given by the decision-maker in certain circumstances (see Planning Act 2023

, s 190 (1) (a) (i)).

A development approval that is inconsistent with the conservator's advice for a significant development that is likely to have a significant adverse environmental impact on a declared protected matter may only be given by the chief planner or Minister in certain circumstances (see Planning Act 2023

, s 190 (2)).



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