Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 8 August 2020 at 21:38) Current version
Part 5 Division 3 Section 112C
112C   Concurrence of or consultation with Director-General of National Parks and Wildlife if Minister is not determining authority
(1)  A determining authority (not being a Minister) must not carry out, or grant an approval to carry out, an activity:
(a)  that is to be carried out in respect of land that is, or is part of, critical habitat, or
(b)  that is likely to significantly affect a threatened species, population or ecological community or its habitat,
without the concurrence of the Director-General of National Parks and Wildlife.
(2)  Despite subsection (1), if the Minister administering the Threatened Species Conservation Act 1995 considers that it is appropriate, that Minister may elect to act in the place of the Director-General of National Parks and Wildlife for the purpose of that subsection. However, if the Minister so elects, the Minister must:
(a)  consult the Director-General of National Parks and Wildlife and seek that Director-General’s recommendations in respect of the proposed activity, and
(b)  if the Minister does not accept any one or more of those recommendations—specify, in the determination as to the grant or refusal to grant concurrence under this section, the recommendations that were not accepted and the Minister’s reasons for not accepting them.
(3)  Section 79B (8), (9) and (11) and the prescribed provisions of the regulations apply (with such modifications as may be necessary) to and in respect of the granting of concurrence under this section in the same way as they apply to and in respect of the granting of concurrence required by an environmental planning instrument.