STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 39 Application of Coordinator-General’s report to assessment of relevant application under Planning Act

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 39

39 Application of Coordinator-General’s report to assessment of relevant application under Planning Act

(1) The Coordinator-General’s report for the EIS or IAR for the project may state any of the following for development relating to the project—

(a) that any development approval given for the development must be subject to stated conditions;

(b) that any development approval given must be only for a stated part of the development;

(c) that any development approval given must be a preliminary approval only.

(2) Alternatively, the report may state that—

(a) the Coordinator-General has no conditions or requirements for the development; or

(b) a development approval for the development must not be given.

(3) The decision maker for the relevant application must comply with a matter stated in the report under subsection (1) or (2) .

(4) To remove any doubt, it is declared that subsection (1) (a) does not limit the power of the decision maker for the application to—

(a) assess the application; and

(b) impose conditions on any development approval given, if the conditions are not inconsistent with conditions stated under subsection (1) (a) .

(5) The report may state that a development approval must not be given for the development only if the Coordinator-General is satisfied there are environmental effects in relation to the development that can not be addressed adequately.

(6) The report must give reasons for the statement mentioned in subsection (2) (b) .

(7) If the Coordinator-General’s report provides for a condition that must be attached to any development approval—

(a) the report may state the entity that is to have jurisdiction for the condition after the development approval starts to have effect under the Planning Act , section 71 ; and

(b) the condition is taken to be a condition that a referral agency requires be imposed on any development approval under the Planning Act .

(8) If there is any inconsistency between a condition mentioned in subsection (1) (a) for a development approval and a condition a referral agency has required be imposed on the approval under the Planning Act , the condition mentioned in subsection (1) (a) prevails to the extent of the inconsistency.