Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 23 November 2014 at 11:55)
Part 5Division 3Section 114

114   Consideration of findings and recommendations of Planning Assessment Commission

Where the Minister has requested that a review be held by the Planning Assessment Commission, with respect to any activity referred to in section 112 (1):
(a)  the Minister shall consider the findings and recommendations of the Planning Assessment Commission and forward to the relevant determining authority (whether or not that determining authority is the nominated determining authority) a copy of the findings and recommendations and may give advice to the authority as to whether, in the Minister’s opinion:
(i)  there are no environmental grounds which would preclude the carrying out of the activity to which the findings and recommendations relate in accordance with the proponent’s proposal,
(ii)  there are no environmental grounds which would preclude the carrying out of the activity subject to its being modified in the manner specified in the advice,
(iii)  there are no environmental grounds which would preclude the carrying out of the activity subject to the observance of conditions specified in the advice, or
(iv)  there are environmental grounds which would preclude the carrying out of the activity, and
(b)  any public authority or body to which an appeal may be made by or under any Act in relation to the activity shall, in deciding the appeal, consider and take into account the findings and recommendations of the Planning Assessment Commission and any such advice given by the Minister.
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