20Planning Minister must make determination as to appropriate impact assessment

20 Planning Minister must make determination as to appropriate impact assessment

(1) On receiving a project proposal from a project proponent, the Planning Minister must make a determination as to whether—

(a) the comprehensive impact statement assessment process must be complied with in relation to the declared project; or

(b) the impact management plan assessment process must be complied with in relation to the declared project.

(2) The Planning Minister must make a determination that the comprehensive impact statement assessment process must be complied with in relation to the declared project to which the project proposal relates if the Minister considers that the project proposal is inadequate for the Minister to determine whether the impact management plan assessment process must be complied with in relation to the project.

(3) The Planning Minister may make a determination requiring the project proponent to comply with the impact management plan assessment process only if the Minister is satisfied that—

(a) the land that is likely to be required for the declared project is—

(i) land owned by a public authority or is vested in the Crown; or

(ii) land owned by a person that is not a public authority but is reserved for a public purpose under a planning scheme or other law; and

(b) the development of the declared project will not require, or has been granted any of the following—

S. 20(3)(b)(i) amended by No. 39/2018 s. 41(6).

(i) an applicable approval that is a development licence;

S. 20(3)(b)(ii) amended by No. 7/2017 s. 302(1).

(ii) an applicable approval that is a permit or consent under the Heritage Act 2017;

(iii) an applicable approval that is a planning permit under the Planning and Environment Act 1987;

(iv) an applicable approval that is an amendment to a provision of a planning scheme under the Planning and Environment Act 1987.

S. 20(4) amended by No. 49/2013 s. 13.

(4) The Planning Minister must make a determination under this section within 5 business days after receiving the project proposal.

(5) A determination under this section must be given to the project proponent.

(6) Notice of the making of a determination under this section must be published in the Government Gazette as soon as practicable after the determination is made.