Page 1857 - Week 06 - Thursday, 14 May 2015

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(v) the level of community awareness, discussion and debate in relation to the development proposal;

(vi) the information and documents given to the Minister by the planning and land authority under section 158 (4) and section 158B (2) (b) (if any); and

Examples—par (vi)

1 information about whether the proponent carried out community consultation other than in accordance with s 138AE

2 the written notice required under s 138AE (4)

3 information about the outcome of community consultation carried out by the proponent

4 any advice received from an entity under s 149

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).

(b) may consider any other relevant information.

158BAction if insufficient community consultation

(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).

5

Proposed new clause 7

Page 3, line 31—

insert

7Minister may decide to consider development

applications

Section 159 (1)


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