(cf previous s 34A)
(1) In this section, the
"relevant authority" means--(a) in the case of a proposed SEPP--the Planning Secretary, or(b) in the case of a proposed LEP--the relevant planning authority.
(2) Before an environmental planning instrument is made, the relevant authority must consult with the Chief Executive of the Office of Environment and Heritage if, in the opinion of the relevant authority, critical habitat or threatened species, populations or ecological communities, or their habitats, will or may be adversely affected by the proposed instrument.
(3) For the purposes of the consultation, the relevant authority is to provide such information about the proposed instrument as would assist in understanding its effect (including information of the kind prescribed by the regulations).
(4) The consultation in relation to a proposed local environmental plan is to commence after a decision under section 3.34 (Gateway determination) that the matter should proceed, unless the regulations otherwise provide.
(5) The Chief Executive of the Office of Environment and Heritage may comment to the relevant authority on the proposed instrument within the following period after the consultation commences--(a) the period agreed between the Chief Executive and the relevant authority,(b) in the absence of any such agreement, the period of 21 days or such other period as is prescribed by the regulations.
(6) The consultation required by this section is completed when the relevant authority has considered any comments so made.
(7) In this section, a reference to the Chief Executive of the Office of Environment and Heritage includes, in the application of this section to fish and marine vegetation, a reference to the Secretary of the Department of Industry, Skills and Regional Development.