190Development approval contrary to entity advice

190 Development approval contrary to entity advice (1) A decision-maker may approve a development application if— (a) the application is for— (i) a development proposal that is inconsistent with entity advice mentioned in section 189 (1) (c); or (ii) a territory priority project that is inconsistent with the advice of the conservator of flora and fauna mentioned in section 189 (1) (d); and (b) the proposal or project does not involve a protected matter; and (c) the decision-maker has considered both of the following: (i) the desired outcomes applying to the proposal under the (ii) for a proposal or project requiring an EIS—any reasonable alternative development options; and (d) the decision-maker is satisfied that acting contrary to the advice will significantly improve the planning outcome to be achieved. Note The decision-maker for an application for a territory priority project is the Minister (see s 144).

(2) Also, the chief planner or the Minister may approve a development application if— (a) the application is for a significant development that is likely to have a significant adverse environmental impact on a declared protected matter; and (b) the proposal is inconsistent with the advice of the conservator of flora and fauna mentioned in section 189 (1) (c) in relation to the protected matter; and (c) the chief planner or Minister is satisfied that the proposal— (i) is consistent with the offsets policy; and (ii) would provide a substantial public benefit. Note The chief planner or Minister’s approval must be consistent with approvals required under the EPBC Act. (3) A decision-maker must state in their decision the reasons why they were satisfied of the matters mentioned in subsection (1) (d) or (2) (c). development proposal—see section 189 (7).