New South Wales Consolidated Acts

BIODIVERSITY CONSERVATION ACT 2016 - SECT 5.17

5.17 Resolution of certain disputes

(1) If a dispute arises as to the failure of the Minister to consent to a development proposal of a public authority under section 5.16 (Proposals by public authorities affecting biodiversity stewardship sites), or as to the conditions of any consent granted or proposed to be granted under that section by the Minister, a party to the dispute may submit that dispute to the Premier for settlement.

(2) On the submission of a dispute to the Premier, the Premier may--

(a) appoint a Commissioner of Inquiry to hold an inquiry and make a report to the Premier, or

(b) hold an inquiry into the dispute.

(3) After the completion of the inquiry, and after considering any report, the Premier may make such order with respect to the dispute, having regard to the public interest and to the circumstances of the case, as the Premier thinks fit.

(4) An order made by the Premier may direct the payment of any costs or expenses of or incidental to the holding of the inquiry.

(5) A Minister or public authority is to comply with an order given under this section and is, despite the provisions of any Act, taken to be empowered to comply with any such order.