Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 23 November 2014 at 15:34)
Part 5Division 3Section 112D

112D   Matters to be considered by Director-General of the Department of Environment, Climate Change and Water as concurrence authority

(1)  In deciding whether or not concurrence should be granted under section 112C, the Director-General of the Department of Environment, Climate Change and Water (or the Minister administering the Threatened Species Conservation Act 1995, if that Minister acts under that section) must take the following matters into consideration:
(a)  any species impact statement prepared in relation to the activity,
(b)  any assessment report prepared by or on behalf of the proponent,
(c)  any representations made under section 113 concerning the species impact statement,
(d)  any relevant recovery plan or threat abatement plan,
(e)  whether the activity is likely to reduce the long-term viability of the species, population or ecological community in the region,
(f)  whether the activity is likely to accelerate the extinction of the species, population or ecological community or place it at risk of extinction,
(g)  the principles of ecologically sustainable development,
(h)  the likely social and economic consequences of granting or of not granting concurrence.
(2)  Before the Director-General of the Department of Environment, Climate Change and Water or the Minister administering the Threatened Species Conservation Act 1995 decides to modify a concurrence in respect of an activity under section 112C he or she must:
(a)  give notice of the proposed decision to any person who made representations under section 113 concerning the species impact statement in respect of the activity, and
(b)  provide the person with an opportunity to make submissions with respect to the proposed decision within a period specified in the notice (being a period of not less than 28 days after the date of the notice), and
(c)  have regard to any submissions made to him or her in accordance with the notice within the period so specified.
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