Division 4Division 4 Additional procedures concerning State significant development
88 Application of this Division
(1) This Division applies to State significant development.(2) Division 2 applies to the determination of a development application under this Division, but in the event of any inconsistency between this Division and Division 2, this Division prevails to the extent of the inconsistency.
88A Development applications directed to be referred to the Minister for determination
(1) The Minister may direct a council to refer a particular development application made to it for determination by the Minister if, having regard to matters that in the Minister’s opinion are of significance for State or regional environmental planning, the Minister considers it is expedient in the public interest to do so.(2) On giving the direction:(a) the Minister becomes the consent authority for the development application to the exclusion of the council, except for such functions as the Minister’s direction specifies the council is to perform in relation to the development application, and(b) the council must deliver the development application to the Minister within 7 days after receiving the Minister’s direction, and(c) if the development application is being advertised, the advertising is to be completed as if the direction had not been given.(3) The council must perform the functions specified in the Minister’s direction as referred to in subsection (2) (a) in accordance with the appropriate requirements.(4) If the Minister’s direction is given during or after any period for which the development application is or was being advertised, the council must, at the end of that period, give written notice to each person who made a submission concerning the development application of their rights in the event that the Minister directs, under subsection (5), that a Commission of Inquiry be held.(5) If the Minister directs that a Commission of Inquiry be held in accordance with section 119:(a) the council, the applicant, an approval body (within the meaning of Division 5) and any person who made a submission concerning the development application are entitled to appear and be heard at the Commission of Inquiry, and(b) the Minister must consider the findings and recommendations of the Commission of Inquiry before determining the application.
89 Carrying out of prohibited development
(1) The Minister may direct in writing, that specified prohibited development on specified land may be the subject of a development application for determination by the Minister if, having regard to matters that in the Minister’s opinion are of significance for State or regional environmental planning, the Minister considers it is expedient in the public interest to do so.(2) On giving the direction:(a) a person may make a development application to the Minister as consent authority for consent to carry out the prohibited development, and(b) the Minister may determine the development application, and(c) if the development application is determined by granting consent, a person may carry out the development,despite any other provision of this Act or an environmental planning instrument.(3) The council may request that a Commission of Inquiry be held into the development application before it is determined by the Minister. If the council makes the request, the Minister must direct that such an inquiry be held in accordance with section 119.(4) If a Commission of Inquiry is held:(a) the council, the applicant, an approval body and any person who made a submission concerning the development application are entitled to appear and be heard at the Commission of Inquiry, and(b) the Minister must consider the findings and recommendations of the Commission of Inquiry before determining the application.
89A Application of sections 82, 97 and 98 to State significant development
(1) Section 82 does not apply to or in respect of a development application for State significant development for which a Commission of Inquiry has been held.(2) Sections 97 and 98 do not apply to the determination of a development application for State significant development that has been the subject of a Commission of Inquiry.