221ZZConcurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act

#### 221ZZ Concurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act 221ZZ Concurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act > > (1) This section applies to the following— > > > > > (a) development (not being State significant development or complying development) that requires development consent under Part 4 of the Planning Act when a Minister is not the consent authority, > > > > > (b) an activity that requires environmental impact assessment under Part 5 of the Planning Act when a Minister is not the determining authority. > > > (2) The consent authority is not to grant development consent if the development is likely to significantly affect threatened species, populations or ecological communities, unless the consent authority has obtained the concurrence of the Fisheries Agency Head. > > > (3) The determining authority is not to carry out the activity, or grant an approval to carry out the activity, if the activity is likely to significantly affect threatened species, populations or ecological communities, unless the determining authority has obtained the concurrence of the Fisheries Agency Head. > > > (4) However, if the Fisheries Minister considers that it is appropriate, the Fisheries Minister may elect to act in the place of the Fisheries Agency Head. The Fisheries Minister is required, in giving any concurrence, to consult that Agency Head, to provide the consent authority or the determining authority with any recommendations made by that Agency Head and to give public notice of any such recommendation that the Fisheries Minister has not accepted. > > > (5) In determining whether to give a concurrence under this section, the Fisheries Agency Head or Fisheries Minister (as the case requires) is to have regard to the following— > > > > > (a) any species impact statement prepared for the development or activity and submissions made in response to it, > > > > > (b) any assessment report prepared by or on behalf of the proponent, > > > > > (c) any Priorities Action Statement, > > > > > (d) whether the development or activity is likely to reduce the long-term viability of the threatened species, populations or ecological communities in the bioregion, > > > > > (e) the facilitation of ecologically sustainable development. > > > (6) A concurrence under this section may be conditional on the taking of action that the Fisheries Agency Head or Fisheries Minister (as the case requires) considers will significantly benefit threatened species, populations or ecological communities and to which the person required to take the action has agreed. Any such action may (without limitation) include the provision of biodiversity offsets. > > > (7) The terms of a concurrence under this section may be varied by the person who gave the concurrence at the request of the consent authority or determining authority concerned. > > > (8) A consent authority that grants consent, or a determining authority that grants approval, to the carrying out of development or an activity for which a concurrence under this section has been granted must grant the consent or approval subject to any conditions of the concurrence. This does not affect the right of the consent authority or determining authority to impose other conditions not inconsistent with the conditions of the concurrence or to refuse consent or approval. > > **s 221ZZ:** Ins 2016 No 63, Sch 11.2 \[15\]. Am 2023 No 35, Sch 1.9\[5\] \[6\].