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.