40Grant or variation of permit or refusal to grant or vary

40 Grant or variation of permit or refusal to grant or vary (1) The Minister must not grant an exceptional development permit for a proposal relating to a development or use referred to in section 38(2)(a) unless the Minister is satisfied it is preferable to issue the permit than to amend the relevant planning scheme. (2) Subject to subsection (1), if a proposal for the grant of an exceptional development permit has been on exhibition and the Minister has considered the matters referred to in section 26(2), the (a) grant a permit in accordance with the proposal; (b) alter the proposal and, if section 27(2) applies in relation to the altered proposal, place it on exhibition and take the further actions required by virtue of section 27(3); (c) alter the proposal and, if section 27(2) does not apply in relation to the altered proposal, grant a permit in accordance with the altered proposal; or (d) refuse to grant a permit. (3) If a proposal for a variation of an exceptional development permit has been on exhibition and the Minister has considered the matters referred to in section 26(2), the Minister must: (a) vary the permit in accordance with the proposal; (b) alter the proposal and, if section 27(2) applies in relation to the altered proposal, place it on exhibition and take the actions required by virtue of section 27(3); (c) alter the proposal and, if section 27(2) does not apply in relation to the altered proposal, vary the permit in accordance with the altered proposal; or (d) refuse to vary the permit. (4) If the Minister has decided under section 39 that a proposal to vary an exceptional development permit is not so significant as to require exhibition, the Minister must: (a) vary or refuse to vary the permit; or (b) alter the proposal and vary the permit in accordance with the altered proposal.

Planning Act 1999 55 (4A) The Minister must refuse to grant an exceptional development permit for the subdivision or consolidation of land in a Restricted Water Extraction Area unless the application complies with the restrictions of sections 14A and 14B of the Water Act 1992 and the (5) An exceptional development permit may be granted or varied subject to the conditions the Minister thinks fit and specifies in the permit or variation. (6) The Minister must publish a notice of a decision made under this section in a newspaper circulating in the Territory or in an area to which the decision relates. Note for subsection (6) (7) The notice must include the prescribed details.