Environmental Planning and Assessment Act 1979 No 203
Historical version for 1 July 1998 to 9 July 1998 (accessed 2 June 2020 at 06:34) Current version
Part 4 Division 4 Section 89
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.