Planning Act 2023
218Declaration of territory priority projects
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218 Declaration of territory priority projects (1) The Chief Minister and Minister may jointly declare that a development proposal is a territory priority project (a territory priority project declaration) if the Chief Minister and Minister are (a) the proposal— (i) would achieve a major government policy outcome that is of significant benefit to the people of the ACT; or (ii) would substantially facilitate the achievement of the desired future planning outcomes set out in the planning strategy, a relevant district strategy, the territory plan or any relevant zone; or (iii) is for significant infrastructure, or significant facilities, that are of significant benefit to the people of the ACT; and (b) the proposal has been the subject of sufficient consultation under subsection (3).
(2) A territory priority project declaration for a development proposal must be made before the development application for the proposal is made under section 166. (3) Before making a territory priority project declaration, the Minister (a) seek the advice of the territory planning authority; and (b) publish a notice on the authority website— (i) stating that copies of the proposed declaration are available on the website; and (ii) inviting people to give written comments about the proposed declaration to the authority at a stated address during a stated period of at least 15 working days (the consultation period); and (iii) if the development proposal requires a major plan amendment to proceed— (A) including a description of the proposed major plan (B) inviting the national capital authority to give written comments about the proposed declaration to the authority during the consultation period; and (C) including the supporting report for the major plan (c) consider any comments received during the consultation period. (3A) Before giving advice to the Minister under subsection (3) (a), the territory planning authority must— (a) consult the conservator of flora and fauna, if the authority considers the proposed declaration is likely to— (i) have a significant adverse environmental impact on a protected matter; or
(ii) affect a protected tree or declared site; and (b) consult the heritage council, if the authority considers the proposed declaration— (i) relates to a place or object registered, or nominated for provisional registration, under the Heritage Act 2004; or (ii) may impact an Aboriginal object or place. (4) If the Chief Minister is also the Minister, another Minister must make the declaration under subsection (1) with the Chief Minister. Aboriginal object—see the Heritage Act 2004, section 9. Aboriginal place—see the Heritage Act 2004, section 9. development proposal includes a proposal involving 2 or more stages, sites or development applications. supporting report—see section 55.