60Planning scheme may require consultation or agreement

60 Planning scheme may require consultation or agreement (1) In this section, referral authority means: (a) a statutory corporation; (b) a body corporate; (c) the holder of a statutory office under a law of the Territory or the Commonwealth; (d) an Agency; or (e) a local government council or a minister, that or who is specified in a planning scheme for the purposes of this section. (2) A planning scheme may specify that a consent authority must not consent to a development taking place unless it has consulted with, or obtained the agreement of, a referral authority. (3) If a planning scheme specifies that the agreement of a referral authority must be obtained before the consent authority consents to a development taking place, the planning scheme must specify the matters that the referral authority must take into account in considering whether to agree. (4) A referral authority may, by notice in writing to the consent authority, specify circumstances in which the consultation or agreement required by a planning scheme may be assumed to have taken place or been given. (5) A consent authority must not consent to a development unless: (a) if a planning scheme requires the consent authority to consult with a referral authority before consenting: (i) the consent authority has consulted with the referral authority; or

Planning Act 1999 79 (ii) the circumstances in which the consultation required by the planning scheme may be assumed to have taken place exist in relation to the development application; or (b) if a planning scheme requires the consent authority to obtain the agreement of a referral authority before consenting: (i) the consent authority has obtained the agreement; or (ii) the circumstances in which the agreement may be assumed to have been given exist.