134Declarations for the Planning Act 2023

134 Declarations for the Planning Act 2023 (1) The Minister may make a declaration (a public health EIS declaration) for the Planning Act 2023, section 105 (1) (d) (When EIS is required) in relation to a development application for a development proposal under that Act. Note If the Minister makes a declaration in accordance with this Act and the Planning Act 2023, an EIS under that Act will be required for the development proposal. (2) However, the Minister must not make a public health EIS declaration unless the Minister considers that the proposed development would be likely to have a significant effect on public health. Note The Planning Act 2023, s 105 (1) (d) (ii) provides that a declaration under this section must be made during the public notification period for the development application to which the declaration relates.

(3) If the territory planning authority gives the Minister an EIS under the Planning Act 2023, section 125 (3) (b) for a development proposal in relation to which a public health EIS declaration has been made, the Minister may— (a) decide that a panel to conduct an inquiry about the EIS must be established under the Planning Act 2023, section 132 (When to establish inquiry panel); or (b) give the territory planning authority written notice that the Minister has decided to take no action in relation to the EIS. (4) The Minister may only make a decision under subsection (3) (a) about an EIS if— (a) the decision is made not later than 15 working days after the territory planning authority gives the Minister the EIS; and (b) the Minister administering the Planning Act 2023, section 132 has not made a decision under that section to establish a panel to conduct an inquiry about the EIS. (5) If the Minister makes a decision under subsection (3) (a) about an EIS, the Minister must give the Minister administering the Planning Act 2023, section 132 written notice that an inquiry about the EIS must inquire into the effect on public health of the development proposal to which the EIS relates.