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,