Australian Capital Territory
Planning and Development (Bilateral Agreement) Amendment Act 2014
A2014-41
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Contents of public register
New section 28 (1) (ba)	2
	5	Meaning of associated document—pt 3.6
Section 30 (1) (j)	3
	6	New chapter 6A	3
	7	Merit track—when development approval must not be given
Section 119 (2)	14
	8	Merit track—considerations when deciding development approval
New section 120 (ba)	15
	9	Impact track—development applications
Section 127	15
	10	New section 127 (2)	15
	11	New section 127A	16
	12	Impact track—when development approval must not be given
Section 128 (1) (a) (ii)	17
	13	Section 128 (1) (b), notes	17
	14	New section 128 (1A)	18
	15	Section 128 (2)	19
	16	Section 128 (2)	19
	17	Impact track—considerations when deciding development approval
Section 129 (h) and note	19
	18	Consideration of development proposals
Section 138 (4) (b)	20
	19	Deciding environmental significance opinion applications
Section 138AB (4) (a)	20
	20	Form of development applications
Section 139 (2) (f) (ii)	21
	21	Section 139 (2) (h)	21
	22	Referred development application amended
Section 145 (1) (b)	21
	23	New section 147A	22
	24	Requirement to give advice in relation to development applications
Section 149 (1)	22
	25	Direction that development applications be referred to Minister
Section 158 (2) (a)	23
	26	Section 158 (3) (b), example 1	23
	27	Section 158 (4) (a)	23
	28	Deciding development applications
Section 162 (1), note 3	24
	29	Conditional approvals
New section 165 (2) (d)	24
	30	New section 165 (3) (ha)	24
	31	New division 7.3.6A	25
	32	Notice of approval of application
Section 170 (3) (c)	34
	33	New section 170 (4) and (5)	34
	34	Notice of decision on referred development application
Section 172 (1) (a)	35
	35	Notice of decision to referral entities
Section 174 (1) (b)	35
	36	Deciding applications to amend development approvals
Section 198 (3) (c)	35
	37	Exception to referral requirement under s 198 (1) (b)
Section 198A (1) (a)	36
	38	Section 198A (1) (b), note 1	36
	39	Sections 208 to 209A	37
	40	New division 8.2.1 heading	37
	41	When is a completed EIS required?
Section 210	37
	42	Section 210, note 2	37
	43	New section 210 (2)	37
	44	Section 211	38
	45	New division 8.2.3 heading	44
	46	New division 8.2.4 heading	44
	47	Authority consideration of EIS
New section 222 (2A)	45
	48	Cost recovery
Section 224B (1) (b) and note	45
	49	EIS assessment report
Section 225A (1)	45
	50	Section 225A (2) to (5)	45
	51	New division 8.2.4	46
	52	Section 411 heading	46
	53	New section 411 (1) (da) and (db)	46
	54	New section 411 (2), definition of relevant document, new paragraphs (da) and (db)	47
	55	Section 411 (3)	47
	56	Section 411 (7)	47
	57	Restrictions on public availability—security
Section 412 (5), definition of relevant document, new paragraphs (ea) and (eb)	47
	58	New section 415A	48
	59	Regulation-making power
Section 426 (2) (c)	48
	60	Reviewable decisions, eligible entities and interested entities
Schedule 1, new item 14A	49
	61	Controlled activities
Schedule 2, new item 4A	50
	62	Schedule 2, item 6	50
	63	Development proposals in impact track because of need for EIS
Schedule 4, part 4.3, item 1, column 2, new paragraph (h)	50
	64	Dictionary, new definition of conditional environmental significance opinion	51
	65	Dictionary, definition of consultation notice, new paragraphs (c) 
and (d)	51
	66	Dictionary, definition of consultation period, new paragraphs (c) 
and (d)	51
	67	Dictionary, new definitions	51
Schedule 1	Consequential amendments	53
Part 1.1	Nature Conservation Act 1980	53
Part 1.2	Planning and Development Regulation 2008	57

Australian Capital Territory
Planning and Development (Bilateral Agreement) Amendment Act 2014
A2014-41

An Act to amend the Planning and Development Act 2007, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Planning and Development (Bilateral Agreement) Amendment Act 2014.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Planning and Development Act 2007.
Note	This Act also amends other legislation (see sch 1).
4	Contents of public register
New section 28 (1) (ba)
insert
	(ba)	the offsets register;
Note	Offsets register—see s 111V.
5	Meaning of associated document—pt 3.6
Section 30 (1) (j)
omit
division 7.3.3
substitute
section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred)
6	New chapter 6A
insert
Chapter 6A	Offsets
Part 6A.1	Definitions
111A	Meaning of protected matter—Act
	(1)	In this Act:
protected matter means—
	(a)	a matter protected by the Commonwealth; or
	(b)	a declared protected matter.
	(2)	The Minister may declare a matter to be a protected matter (a declared protected matter).
	(3)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
111B	Meaning of matter protected by the Commonwealth—Act
	(1)	In this Act:
matter protected by the Commonwealth means a matter protected by a provision of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), chapter 2 (Protecting the environment), part 3 (Requirements for environmental approvals).
	(2)	In this section:
matter protected by a provision of the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), chapter 2, part 3—see the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 34 (What is matter protected by a provision of Part 3?).
Note	The Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), ch 2, pt 3 deals with taking action that would have a significant impact on a matter of national environmental significance.  Matters of national environmental significance include—
	(a)	world heritage properties; and
	(b)	national heritage places; and
	(c)	wetlands of international importance (Ramsar wetlands); and
	(d)	threatened species and threatened ecological communities; and
	(e)	migratory species protected under international agreements; and
	(f)	nuclear actions; and
	(g)	water resources in relation to coal seam gas development and large coal mining development.
111C	Meaning of offset—Act
In this Act:
offset, for a development that is likely to have a significant adverse environmental impact on a protected matter, means environmental compensation for the likely impact.
Note	Significant adverse environmental impact—see s 124A.
Part 6A.2	Offsets policy
Division 6A.2.1	Definitions
111D	Meaning of Minister—pt 6A.2
In this part:
Minister means the Minister responsible for administering the Nature Conservation Act 1980.
111E	Meaning of offsets policy—Act
In this Act:
offsets policy means a statement—
	(a)	describing—
	(i)	how environmental compensation may be made to offset the impact of developments that have a significant adverse environmental impact on protected matters; and
Note	Significant adverse environmental impact—see s 124A.
	(ii)	suitable forms for offsets; and
	(b)	notified under—
	(i)	for an initial offsets policy—section 111F; or
	(ii)	for a revised offsets policy—section 111K (Draft revised offsets policy—final version and notification).
Division 6A.2.2	Initial offsets policy
111F	Initial offsets policy
	(1)	The Minister may make an initial offsets policy.
	(2)	The initial offsets policy is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The Minister may amend the initial offsets policy only by—
	(a)	reviewing and revising the offsets policy under section 111G (Offsets policy—monitoring and review) to section 111K (Draft revised offsets policy—final version and notification); or
	(b)	making minor amendments to the policy under section 111L (Offsets policy—minor amendments).
Division 6A.2.3	Revised offsets policy
111G	Offsets policy—monitoring and review
	(1)	The Minister must monitor the effectiveness of the offsets policy.
	(2)	The Minister must consider, at least once every 5 years, whether the offsets policy needs to be reviewed.
	(3)	In deciding whether the offsets policy needs to be reviewed, the Minister must consult—
	(a)	the planning and land authority; and
	(b)	the conservator of flora and fauna.
	(4)	If the Minister decides that the offsets policy needs to be reviewed, the Minister must review the offsets policy.
	(5)	In reviewing the offsets policy, the Minister must consult—
	(a)	the planning and land authority; and
	(b)	the conservator of flora and fauna.
111H	Draft revised offsets policy—Minister to prepare
	(1)	This section applies if the Minister—
	(a)	reviews the offsets policy under section 111G; and
	(b)	considers that revisions of the offsets policy are appropriate.
	(2)	The Minister must prepare a draft offsets policy (a draft revised offsets policy) incorporating the revisions.
	(3)	In preparing a draft revised offsets policy, the Minister must consult—
	(a)	the planning and land authority; and
	(b)	the conservator of flora and fauna.
111I	Draft revised offsets policy—public consultation
	(1)	If the Minister prepares a draft revised offsets policy, the Minister must also prepare a notice about the draft revised offsets policy (a consultation notice).
	(2)	A consultation notice must—
	(a)	state that—
	(i)	anyone may give a written submission to the Minister about the draft revised offsets policy; and
	(ii)	submissions may be given to the Minister only during the period starting on the day the consultation notice is notified under the Legislation Act and ending 6 weeks later (the consultation period); and
	(b)	include the draft revised offsets policy.
	(3)	A consultation notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	If the Minister notifies a consultation notice for a draft revised offsets policy—
	(a)	anyone may give a written submission to the Minister about the draft revised offsets policy; and
	(b)	the submission may be given to the Minister only during the consultation period for the draft revised offsets policy; and
	(c)	the person making the submission may, in writing, withdraw the submission at any time.
111J	Draft revised offsets policy—revision
If the consultation period for a draft revised offsets policy has ended, the Minister must—
	(a)	consider any submissions received during the consultation period; and
	(b)	make any revisions to the draft revised offsets policy that the Minister considers appropriate; and
	(c)	prepare a final version of the draft revised offsets policy.
111K	Draft revised offsets policy—final version and notification
	(1)	The final version of a draft revised offsets policy prepared under section 111J or section 111L is an offsets policy.
	(2)	An offsets policy is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	The power to make an offsets policy includes the power to amend or repeal the policy.  The power to amend or repeal the policy is exercisable in the same way, and subject to the same conditions, as the power to make the policy (see Legislation Act, s 46).
111L	Offsets policy—minor amendments
	(1)	This section applies if—
	(a)	an offsets policy is in force (the existing policy); and
	(b)	the Minister considers that minor amendments to the existing policy are appropriate.
	(2)	The Minister—
	(a)	may prepare a new draft offsets policy, incorporating the minor amendments into the existing policy; and
	(b)	need not comply with the consultation requirements in section 111I (Draft revised offsets policy—public consultation); and
	(c)	may prepare a final version of the new draft offsets policy, as amended.
Note	The new draft offsets policy is an offsets policy and is a notifiable instrument (see s 111K).
	(3)	In this section:
minor amendment, of an offsets policy, means an amendment that will—
	(a)	improve the effectiveness or technical efficiency of the offsets policy without changing the substance of the policy; or
	(b)	correct a formal error.
Examples
·	minor correction to improve effectiveness
·	omission of something redundant
·	technical adjustment to improve efficiency
·	rewording to clarify language
Note 1	Formal error—see the dictionary.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 6A.2.4	Offsets policy—implementation and guidelines
111M	Offsets policy—planning and land authority to implement
The planning and land authority must take reasonable steps to implement the offsets policy.
111N	Offsets policy—guidelines
	(1)	The Minister may make guidelines about the implementation of the offsets policy (offsets policy guidelines).
	(2)	An offsets policy guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
111O	Draft offsets policy guidelines
	(1)	This section applies if the Minister intends to make offsets policy guidelines.
	(2)	The Minister must prepare a draft version of the guidelines (the draft offsets policy guidelines).
	(3)	In preparing draft offsets policy guidelines, the Minister must consult the conservator of flora and fauna.
111P	Draft offsets policy guidelines—public consultation
	(1)	If the Minister prepares draft offsets policy guidelines, the Minister must also prepare a notice about the draft guidelines (a consultation notice).
	(2)	A consultation notice must—
	(a)	state that—
	(i)	anyone may give a written submission to the Minister about the draft offsets policy guidelines; and
	(ii)	submissions may be given to the Minister only during the period starting on the day the consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 3 weeks after the day it is notified (the consultation period); and
	(b)	include the draft offsets policy guidelines.
	(3)	A consultation notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	If the Minister notifies a consultation notice for the draft offsets policy guidelines—
	(a)	anyone may give a written submission to the Minister about the draft guidelines; and
	(b)	the submission may be given to the Minister only during the consultation period for the draft guidelines; and
	(c)	the person making the submission may, in writing, withdraw the submission at any time.
111Q	Draft offsets policy guidelines—revision
If the consultation period for the draft offsets policy guidelines has ended, the Minister must—
	(a)	consider any submissions received during the consultation period; and
	(b)	make any revisions to the draft offsets policy guidelines that the Minister considers appropriate.
111R	Offsets policy guidelines—monitoring and review
	(1)	The Minister must monitor the effectiveness of the offsets policy guidelines.
	(2)	The Minister must consider, at least once every 5 years, whether the offsets policy guidelines need to be reviewed.
	(3)	In deciding whether the offsets policy guidelines need to be reviewed, the Minister must consult the conservator of flora and fauna.
Part 6A.3	Offsets policy—other provisions
111S	Offsets—consistency with offsets policy
An offset must be consistent with the offsets policy.
Note	Offsets policy—see s 111E.
111T	Offsets—calculating value
	(1)	The Minister may determine how the value of an offset is to be calculated (an offset value calculation determination).
	(2)	An offset value calculation determination must be consistent with the offsets policy.
Note	Offsets policy—see s 111E.
	(3)	An offset value calculation determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
111U	Offsets—form
	(1)	An offset for a development may be in—
	(a)	a form prescribed by regulation; or
	(b)	any other form the planning and land authority considers appropriate.
	(2)	However, an offset for a development must be in a form consistent with the offsets policy.
Note	Offsets policy—see s 111E.
111V	Offsets register
	(1)	The planning and land authority must keep a register of each offset (the offsets register).
	(2)	The offsets register must include the following for each offset:
	(a)	the development approval including the offset condition requiring the offset;
	(b)	the details of the offset;
	(c)	if the offset requires an offset management plan—the offset management plan;
	(d)	if the offset requires another lease to be subject to a condition that the lessee of the other lease complies with an offset management plan that applies to the lease—details of the lease;
	(e)	anything else prescribed by regulation.
	(3)	The offsets register may include anything else the planning and land authority considers relevant.
Note 1	The offsets register is included in the public register (see s 28 (1) (ba)).
Note 2	The planning and land authority may give an evidentiary certificate about details kept in the offsets register (see s 415A).
7	Merit track—when development approval must not be given
Section 119 (2)
omit
division 7.3.3
substitute
section 148 (Some development applications to be referred)
8	Merit track—considerations when deciding development approval
New section 120 (ba)
insert
	(ba)	if an environmental significance opinion is in force for the development proposal—the environmental significance opinion;
Note	Environmental significance opinion—see s 138AA.  Environmental significance opinions expire 18 months after they are notified (see s 138AD).
9	Impact track—development applications
Section 127
omit
unless the application is exempted by the Minister under section 211
10	New section 127 (2)
after the notes, insert
	(2)	However, a completed EIS is not required if an EIS exemption is in force for the development proposal.
Note 1	EIS exemption, for a development proposal—see s 211.
Note 2	For when an EIS exemption expires, see s 211I.
11	New section 127A
insert
127A	Impact track—referral of matter protected by the Commonwealth to Commonwealth
	(1)	This section applies if—
	(a)	but for this section, the planning and land authority or the Minister (the decision-maker) intends, under section 162 (Deciding development applications) to approve a development application for a development proposal (with or without conditions); and
	(b)	the proposed development is likely to have a significant adverse environmental impact on a matter protected by the Commonwealth.
Note	Matter protected by the Commonwealth—see s 111B.
Significant adverse environmental impact—see s 124A.
	(2)	Before the decision-maker may make a decision under section 162, the decision-maker must refer the proposed decision to the Commonwealth Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) (the Commonwealth Minister).
	(3)	If the Commonwealth Minister does not give the decision-maker advice about the proposed decision within 10 working days after the day the decision-maker gives the application to the Commonwealth Minister, the decision-maker may approve the application.
Note	If the Commonwealth Minister gives the decision-maker advice about the proposed approval, development approval must not be given unless the development proposal is consistent with the advice (see s 128 (1) (b) (v)).
12	Impact track—when development approval must not be given
Section 128 (1) (a) (ii)
substitute
	(ii)	an EIS exemption is in force for the development proposal; and
Note 1	EIS exemption, for a development proposal—see s 211.
Note 2	For when an EIS exemption expires, see s 211I.
13	Section 128 (1) (b), notes
substitute
	(iv)	if a conditional EIS exemption is in force for the development application—the requirements of the condition; and
Note	An EIS exemption may be conditional (see s 211H (4)).
	(v)	if the proposed development is likely to have a significant adverse environmental impact on a matter protected by the Commonwealth—advice given by the Commonwealth Minister under section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth); and
Note	Matter protected by the Commonwealth—see s 111B.
Significant adverse environmental impact—see s 124A.
	(vi)	if the proposed development is likely to have a significant adverse environmental impact on a protected matter and the authority is to decide the development application—advice given by the conservator.
Note 1	For par (b), an application cannot be approved if it is inconsistent with the territory plan (see s 50) or the National Capital Plan (see Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 11).
Note 2	For par (b), requirements for an EIS are dealt with in pt 8.2.
Note 3	For par (b), for when an EIS is completed, see s 209.
Note 4	For par (b), for the term of a scoping document for an EIS, see s 215.
Note 5	For par (b) (vi), the conservator may give advice under s 149 as a result of referral under s 147A or s 148, or under s 156.  See also the Nature Conservation Act 1980, pt 8A.
Note 6	For par (b) (vi), if the Minister is to decide the development application (using the Minister’s call-in power in div 7.3.5), the development approval may be inconsistent with the conservator’s advice if the Minister is satisfied that the approval is consistent with the offsets policy (see s (1A)).
Note 7	For par (b) (vi), protected matter—see s 111A.
14	New section 128 (1A)
insert
	(1A)	Also, the Minister must not approve a development application for a development proposal if the approval would be inconsistent with advice given by the conservator as a result of referral under section 147A (Development applications involving protected matter to be referred to conservator) unless the Minister is satisfied that—
	(a)	the approval is consistent with the offsets policy; and
	(b)	the approval would provide a substantial public benefit.
Note 1	Offsets policy—see s 111E.
Note 2	The Minister may approve a development application under s 162 if the Minister exercises the Minister’s call-in powers (see div 7.3.5).  If the authority is to decide the application, the development approval must not be given unless the development proposal is consistent with the conservator’s advice (see s (1) (b) (vi)).
Note 3	The conservator’s advice is further dealt with in the Nature Conservation Act 1980, pt 8A.
15	Section 128 (2)
omit
Also
substitute
In addition,
16	Section 128 (2)
omit
division 7.3.3
substitute
section 148 (Some development applications to be referred)
17	Impact track—considerations when deciding development approval
Section 129 (h) and note
substitute
	(h)	the offsets policy;
Note	Offsets policy—see s 111E.
	(ha)	if an EIS is completed for the proposed development—
	(i)	the completed EIS; and
	(ii)	the EIS assessment report for the EIS;
Note 1	For when an EIS is completed, see s 209.
Note 2	EIS assessment report—see s 225A.
18	Consideration of development proposals
Section 138 (4) (b)
substitute
	(b)	whether the application will be referred under section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred);
19	Deciding environmental significance opinion applications
Section 138AB (4) (a)
substitute
	(a)	if the relevant agency considers that the proposal is not likely to have a significant adverse environmental impact—give the environmental significance opinion; or
Note	Significant adverse environmental impact—see s 124A.
	(aa)	if the relevant agency considers that the proposal is not likely to have a significant adverse environmental impact if the development satisfies certain conditions—give the environmental significance opinion subject to the stated conditions (a conditional environmental significance opinion); or
Note	If a conditional environmental significance opinion has been given for a development, the development approval must include a condition that the development comply with the condition in the environmental significance opinion (see s 165 (2) (d)).  In addition, an application to amend a development approval must be refused if the changed development proposal would be in breach of a condition on the approval relating to a conditional environmental significance opinion (see s 198 (3) (c)).
20	Form of development applications
Section 139 (2) (f) (ii)
substitute
	(ii)	the completed EIS for the proposal, unless an EIS exemption is in force for the development proposal; and
Note 1	EIS exemption, for a development proposal—see s 211.
Note 2	For when an EIS exemption expires, see s 211I.
21	Section 139 (2) (h)
omit
division 7.3.3
substitute
section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred)
22	Referred development application amended
Section 145 (1) (b)
substitute
	(b)	before it was amended, the application was referred to an entity under—
	(i)	section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth); or
	(ii)	section 147A (Development applications involving protected matter to be referred to conservator); or
	(iii)	section 148 (Some development applications to be referred).
23	New section 147A
in division 7.3.3, insert
147A	Development applications involving protected matter to be referred to conservator
	(1)	This section applies if the planning and land authority is satisfied that a proposed development is likely to have a significant adverse environmental impact on a protected matter.
	(2)	The planning and land authority must refer the development application for the development to the conservator of flora and fauna.
Note 1	The conservator’s advice must contain an assessment of whether the proposed development is likely to have a significant adverse environmental impact on a protected matter and, if so, advice about suitable offsets for the proposed development (see Nature Conservation Act 1980, pt 8A, particularly s 91D).
Note 2	If the proposed development is likely to have a significant adverse environmental impact on a protected matter, and the authority is to decide the development application, development approval must not be given unless the development proposal is consistent with the conservator’s advice (see s 128 (1) (b) (vi)).
Note 3	Significant adverse environmental impact—see s 124A.
24	Requirement to give advice in relation to development applications
Section 149 (1)
after
entity
insert
under section 147A or section 148
25	Direction that development applications be referred to Minister
Section 158 (2) (a)
substitute
	(a)	is required to be referred, or has been referred, under—
	(i)	section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth); or
	(ii)	section 147A (Development applications involving protected matter to be referred to conservator); or
	(iii)	section 148 (Some development applications to be referred); and
26	Section 158 (3) (b), example 1
substitute
1	referring the application to an entity under s 147A or s 148
27	Section 158 (4) (a)
substitute
	(a)	the information and documents received by the authority in relation to the application, including any advice given to the authority as a result of referral under—
	(i)	section 127A; or
	(ii)	section 147A; or
	(iii)	section 148; and
28	Deciding development applications
Section 162 (1), note 3
substitute
Note 3	If a development application has been referred to an entity under s 147A or s 148, the notice of the decision under this section must include information about any comment by the entity and whether the authority followed the entity’s advice (see s 170 (3) (c) and s 172).
29	Conditional approvals
New section 165 (2) (d)
insert
	(d)	if a conditional environmental significance opinion has been given in relation to the development—must include a condition that the development comply with the condition in the environmental significance opinion.
Note 1	Conditional environmental significance opinion—see s 138AB (4) (aa).
Note 2	An application to amend a development approval must be refused if the changed development proposal would be in breach of the condition relating to the conditional environmental significance opinion (see s 198 (3) (c)).
30	New section 165 (3) (ha)
insert
	(ha)	an offset condition;
Note	Offset condition, for a development approval—see s 165B.
31	New division 7.3.6A
insert
Division 7.3.6A	Development approvals—offset conditions
165B	Meaning of offset condition
	(1)	In this Act:
offset condition, for a development approval, means a condition—
	(a)	identifying a protected matter that is likely to suffer a significant adverse environmental impact from the development; and
	(b)	requiring an offset to compensate for the likely impact of the development on the protected matter.
Note	Significant adverse environmental impact—see s 124A.
Offset, for a development—see s 111C.
An offset must be consistent with the offsets policy (see s 111S).
	(2)	An offset condition, for a development approval, may include a requirement that the proponent of the development have an offset management plan for the offset.
	(3)	An offset condition, for a development approval, may include a requirement that—
	(a)	if the offset land is not the development approval land—the lease for the offset land be subject to a condition requiring the lessee of the offset land to comply with an offset management plan for the offset; and
Note 1	Development approval land, for a development approval and offset land, for an offset—see s (4).
Note 2	To satisfy an offset condition with this kind of requirement, another development approval may be needed to vary the lease for the offset land to include a condition on the lease for the offset land that the lessee must comply with the offset management plan.
	(b)	if the offset is to be on public land—
	(i)	a new plan of management for the public land be prepared, including stated matters; or
	(ii)	an existing plan of management for the public land be varied in a stated way; and
Note	Plan of management—see s 313.
	(c)	if the offset is to be on land comprised in a rural lease—
	(i)	a new land management agreement for the land be prepared, including stated matters; or
	(ii)	an existing land management agreement for the land be varied in a stated way.
Note	Rural lease—see s 234.
Land management agreement means an agreement under s 283.
	(4)	In this section:
development approval land, for a development approval, means the land to which the development approval applies.
offset land, for an offset, means the land on which the offset is to be located.
165C	Meaning of offset management plan
	(1)	In this Act:
offset management plan, for an offset, means a plan—
	(a)	to achieve the offset; and
	(b)	that is—
	(i)	approved by the Minister under section 165F (Draft offset management plan—submission to Minister); or
	(ii)	amended by the Minister under—
	(A)	section 165I (Offset management plan—amendment initiated by offset manager); or
	(B)	section 165J (Offset management plan—amendment initiated by Minister).
	(2)	An offset management plan is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
165D	Meaning of offset manager
In this Act:
offset manager, for an offset management plan—
	(a)	means—
	(i)	if a lease of land includes a condition that requires the lessee of the land to comply with an offset management plan in relation to an offset—the lessee of the land; or
	(ii)	if the offset management plan applies to unleased land or public land—the custodian of the land; or
Note	The offset manager must take reasonable steps to implement the offset management plan (see s 165H and sch 2, item 4A).
	(iii)	in any other case—the person identified in the offset management plan as the offset manager; but
	(b)	if paragraph (a) (i) does not apply—does not include the lessee of the land.
165E	Draft offset management plan—proponent to prepare
	(1)	If an offset condition on a development approval requires the proponent to have an offset management plan for the offset, the proponent must prepare a draft offset management plan for the offset.
	(2)	The draft offset management plan must—
	(a)	identify the land to which it applies; and
	(b)	include a plan describing how the offset may be achieved; and
	(c)	if the offset management plan will not apply to leased land, unleased land or public land—identify the offset manager for the offset management plan; and
	(d)	include provisions about—
	(i)	how the effectiveness of the plan is to be monitored; and
	(ii)	when the plan is to be reviewed; and
	(e)	include the matters prescribed by regulation.
	(3)	The draft offset management plan may—
	(a)	state the term of the offset management plan; and
Note	If no term is stated, the offset management plan expires when the development approval including the offset condition requiring the offset management plan ends (see s 165L).  Otherwise the offset management plan operates indefinitely.
	(b)	apply, adopt or incorporate an instrument as in force from time to time.
	(4)	In preparing a draft offset management plan, the proponent must consult the following entities and seek their written agreement to the draft offset management plan:
	(a)	the conservator of flora and fauna;
	(b)	if the offset management plan will apply to leased land—the lessee of the land (unless the lessee is the proponent);
	(c)	if the offset management plan will apply to unleased land or public land—the custodian of the land.
165F	Draft offset management plan—submission to Minister
	(1)	The proponent must submit the draft offset management plan to the Minister for approval.
	(2)	The draft offset management plan must be accompanied by the written agreement of the entities mentioned in section 165E (4).
	(3)	If the proponent submits the draft offset management plan to the Minister for approval, the Minister must—
	(a)	approve the draft offset management plan; or
Note	A draft offset management plan approved under this paragraph becomes the offset management plan (see s 165C).
	(b)	return the draft offset management plan to the proponent and direct the proponent to take 1 or more of the following actions in relation to it:
	(i)	carry out stated further consultation;
	(ii)	consider a relevant report;
	(iii)	revise the draft offset management plan in a stated way; or
Note	The proponent must give effect to the direction and resubmit the draft offset management plan to the Minister (see s 165G).
	(c)	reject the draft offset management plan.
	(4)	However, the Minister may approve the draft offset management plan only if the plan is consistent with—
	(a)	the offset condition in the development approval requiring the offset; and
	(b)	the offsets policy.
Note 1	Offsets policy—see s 111E.
Note 2	An offset management plan approved by the Minister is a notifiable instrument (see s 165C (2)).
Note 3	This section is subject to s 411 and s 412.
165G	Draft offset management plan—Minister’s direction to revise etc
	(1)	This section applies if the Minister gives the proponent a direction under section 165F (3) (b).
	(2)	The proponent must—
	(a)	give effect to the direction; and
	(b)	if the direction is to revise the draft offset management plan in a stated way—consult the entities mentioned in section 165E (4) and seek their written agreement to the revisions; and
	(c)	resubmit the draft offset management plan to the Minister for approval.
	(3)	The resubmitted draft offset management plan must be accompanied by the written agreement of the entities mentioned in section 165E (4).
	(4)	The Minister must decide, under section 165F, what to do with the resubmitted draft offset management plan.
165H	Offset management plan—unleased land or public land
If an offset management plan applies to unleased land or public land, the custodian of the land must take reasonable steps to implement the plan.
Note	Failure to implement the offset management plan is a controlled activity (see sch 2, item 4A).  Controlled activity—see s 339.
165I	Offset management plan—amendment initiated by offset manager
	(1)	The offset manager for an offset management plan may apply to the Minister to amend the offset management plan.
	(2)	The application must—
	(a)	be in writing; and
	(b)	include details of the proposed amendment.
Note 1	If a form is approved under s 425 for this provision, the form must be used.
Note 2	A fee may be determined under s 424 for this provision.
	(3)	The Minister may amend the offset management plan only if satisfied that the offset for the amended offset management plan is—
	(a)	at least equivalent to the offset for the original offset management plan; and
	(b)	consistent with the offsets policy.
Note 1	Offset, for a development—see s 111C.
Offsets policy—see s 111E.
Note 2	An offset management plan amended by the Minister is a notifiable instrument (see s 165C).
165J	Offset management plan—amendment initiated by Minister
	(1)	The Minister may, by written notice (an amendment notice) given to the offset manager for an offset management plan, amend the offset management plan if satisfied that—
	(a)	the offset for the amended offset management plan is at least equivalent to the offset for the original offset management plan; and
	(b)	the offset for the amended offset management plan is consistent with the offsets policy.
Note 1	Offset, for a development—see s 111C.
Offsets policy—see s 111E.
Note 2	An offset management plan amended by the Minister is a notifiable instrument (see s 165C).
	(2)	However, the Minister may amend the offset management plan only if—
	(a)	the Minister has given the offset manager for the offset management plan written notice of the proposed amendment (a proposal notice); and
	(b)	the proposal notice states that written submissions about the proposal may be made to the Minister before the end of a stated period of at least 14 days after the day the proposal notice is given to the offset manager; and
	(c)	after the end of the stated period, the Minister has considered any submissions made in accordance with the proposal notice.
	(3)	The amendment takes effect on the day the amendment notice is given to the offset manager for the offset management plan or a later day stated in the amendment notice.
165K	Offset management plan—reporting
	(1)	The offset manager for an offset management plan must report to the planning and land authority about the offset management plan—
	(a)	at least once every 3 years; and
	(b)	at any other time the authority requests.
	(2)	The planning and land authority must report to the Minister about each offset management plan at least once every 3 years.
165L	Offset management plan—expiry if development approval ends
	(1)	This section applies if—
	(a)	a development approval, that includes an offset condition requiring the proponent of the development have an offset management plan for the offset, ends; and
	(b)	the offset management plan is in force when the development approval ends.
Note 1	The draft offset management plan may state the term of the offset management plan (see s 165E).
Note 2	Ending of development approvals is dealt with in s 184 to s 187.  Development approvals continue unless ended (see s 188).
	(2)	The offset management plan expires when the development approval ends.
32	Notice of approval of application
Section 170 (3) (c)
substitute
	(c)	if the development application was referred to an entity under section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred)—set out a summary of the entity’s advice given under section 149 (Requirement to give advice in relation to development applications) and any response by the planning and land authority; and
	(ca)	if the development application decision was referred to the Commonwealth Minister under section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth)—set out a summary of the Commonwealth Minister’s advice (if any); and
33	New section 170 (4) and (5)
after the note, insert
	(4)	A notice under subsection (1) for approval of a development application in the impact track (an impact track development approval notice) is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	This section is subject to s 411 and s 412.
	(5)	The planning and land authority must put an electronic link to the impact track development approval notice on the authority website.
Note	Authority website—see the dictionary.
34	Notice of decision on referred development application
Section 172 (1) (a)
substitute
	(a)	the application is referred to an entity under section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred); and
35	Notice of decision to referral entities
Section 174 (1) (b)
omit
division 7.3.3
substitute
section 147A (Development applications involving protected matter to be referred to conservator) or section 148 (Some development applications to be referred)
36	Deciding applications to amend development approvals
Section 198 (3) (c)
substitute
	(c)	the changed development proposal would be in breach of a condition on the approval—
	(i)	imposed (rather than confirmed or varied) by a court or tribunal; or
	(ii)	relating to a conditional environmental significance opinion; or
Note 1	Conditional environmental significance opinion—see s 138AB (4) (aa).
Note 2	If a conditional environmental significance opinion has been given for a development, the development approval must include a condition that the development comply with the condition in the environmental significance opinion (see s 165 (2) (d)).
	(d)	if the original development approval included an offset condition—the offset condition on the approval as amended would not provide an offset at least equivalent to the offset provided by the original approval.
Note	Offset condition, for a development approval—see s 165B.
37	Exception to referral requirement under s 198 (1) (b)
Section 198A (1) (a)
omit
under division 7.3.3 (Referral of development applications)
substitute
under—
	(i)	section 127A (Impact track—referral of matter protected by the Commonwealth to Commonwealth); or
	(ii)	section 147A (Development applications involving protected matter to be referred to conservator); or
	(iii)	section 148 (Some development applications to be referred); and
38	Section 198A (1) (b), note 1
omit 
div 7.3.3
substitute
s 127A, s 147A or s 148
39	Sections 208 to 209A
relocate to part 8.1
40	New division 8.2.1 heading
before section 210, insert
Division 8.2.1	When is an EIS required?
41	When is a completed EIS required?
Section 210
omit
, unless the application for development approval for the proposal is exempted under section 211.
42	Section 210, note 2
omit
s 211
substitute
s 211H
43	New section 210 (2)
after the notes, insert
	(2)	However, a completed EIS is not required if an EIS exemption is in force for the development proposal.
Note 1	EIS exemption, for a development proposal—see s 211.
Note 2	For when an EIS exemption expires, see s 211I.
44	Section 211
substitute
211	Meaning of EIS exemption
In this Act:
EIS exemption, for a development proposal, means an exemption from the requirement to include an EIS in the development application for the proposal.
211A	Meaning of recent study—pt 8.2
In this part:
recent study means a study that is not more than 5 years old.
211B	EIS exemption application
	(1)	This section applies if the expected environmental impact of a development proposal has been addressed by a recent study, whether or not the recent study relates to the particular development proposal.
	(2)	The proponent for the development proposal may apply to the Minister for an EIS exemption for the proposal (an EIS exemption application).
	(3)	The application must—
	(a)	be in writing; and
	(b)	identify the recent study; and
	(c)	if the recent study is more than 18 months old—include a statement, from an appropriately qualified person with no current professional relationship with the proponent, verifying that the information in the recent study is current.
Note 1	If a form is approved under s 425 for this provision, the form must be used.
Note 2	A fee may be determined under s 424 for this provision.
211C	EIS exemption application—public consultation
	(1)	If the Minister receives an EIS exemption application, the Minister must prepare a notice about the application (a consultation notice).
	(2)	A consultation notice must—
	(a)	state that—
	(i)	anyone may give a written submission to the Minister about the EIS exemption application; and
	(ii)	submissions may be given to the Minister only during the period starting on the day the consultation notice is notified under the Legislation Act and ending 15 working days later (the consultation period); and
	(b)	include the EIS exemption application.
	(3)	A consultation notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The Minister must put an electronic link to the EIS exemption application on the authority website during the consultation period.
Note 1	This section is subject to s 411 and s 412.
Note 2	Authority website—see the dictionary.
211D	EIS exemption application—public submissions
	(1)	If the Minister notifies a consultation notice for an EIS exemption application—
	(a)	anyone may give a written submission to the Minister about the EIS exemption application; and
Note	There are particular matters the Minister must consider (see s 211H (3)).
	(b)	the submission may be given to the Minister only during the consultation period for the EIS exemption application; and
	(c)	the person making the submission may, in writing, withdraw the submission at any time.
	(2)	The Minister may extend the consultation period.
Note	The Minister may extend the time even though the consultation period has ended (see Legislation Act, s 151C).
211E	EIS exemption application—consultation with entities
	(1)	The Minister must consult the entities prescribed by regulation about the EIS exemption application.
	(2)	It is sufficient consultation under subsection (1) if the Minister, not later than the day the consultation notice is notified—
	(a)	tells the entity about the consultation notice for the EIS exemption application; and
	(b)	gives the entity a copy of any document the Minister considers relevant to the application.
	(3)	An entity is taken to have made no comment on the EIS exemption application if the entity fails to give the Minister a comment within the consultation period.
Note	The consultation period may be extended under s 211D (2).
211F	EIS exemption application—publication of submissions
If a person or other entity gives the Minister a submission about an EIS exemption application within the consultation period for the application, the Minister must—
	(a)	make a copy of the submission available on the authority website until—
	(i)	if the submission is withdrawn before the consultation period ends—the submission is withdrawn; or
	(ii)	the consultation period ends; and
	(b)	give a copy of the submission to the proponent of the development proposal.
Note 1	This section is subject to s 411 and s 412.
Note 2	Authority website—see the dictionary.
211G	EIS exemption application—revision
	(1)	This section applies if the consultation period for an EIS exemption application has ended.
Note	The consultation period may be extended under s 211D (2).
	(2)	The proponent of the development proposal must—
	(a)	consider any submissions received during the consultation period; and
	(b)	make any revisions to the EIS exemption application that the proponent considers appropriate; and
	(c)	give the revised application to the Minister.
	(3)	The revised application must—
	(a)	if a submission about the application is made within the consultation period—address each matter raised in the submission; and
	(b)	if no submissions about the application are made within the consultation period—include a statement to that effect.
211H	EIS exemption—decision
	(1)	This section applies if the proponent of a development proposal gives the Minister a revised EIS exemption application under section 211G (2) (c).
	(2)	The Minister may grant an EIS exemption for the proposal if satisfied that the expected environmental impact of the development proposal has already been sufficiently addressed by a recent study, whether or not the recent study relates to the particular development proposal.
Examples—recent study that may sufficiently address the expected environmental impact of a development proposal
·	a report about the ecological value of an area
·	an environmental impact statement under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), pt 8 (Assessing impacts of controlled actions)
·	an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), pt 10 (Strategic assessments)
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	In deciding whether the environmental impact of the development proposal has been sufficiently addressed by the recent study, the Minister must consider—
	(a)	whether the recent study was conducted by an appropriately qualified person with relevant expertise and experience in relation to the environmental values of the land in the proposal; and
	(b)	if the recent study does not relate directly to the proposal—whether there is sufficient detail to allow assessment of the environmental impacts likely to occur if the proposal proceeds; and
	(c)	whether the part of the recent study relevant to the proposal required public consultation through a statutory process or as part of a government policy development; and
Example
the public consultation process in a territory plan variation under pt 5.3
	(d)	if the recent study is more than 18 months old—whether the Minister is satisfied that the information in the study is current; and
	(e)	any submissions received during the consultation period for the EIS exemption application.
	(4)	An EIS exemption may be conditional.
	(5)	An EIS exemption is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act. 
	(6)	The Minister must put an electronic link to the EIS exemption on the authority website.
Note	Authority website—see the dictionary.
211I	EIS exemption—expiry
An EIS exemption expires—
	(a)	if the recent study is an environmental impact statement prepared under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 8 (Assessing impacts of controlled actions) and approval of action in relation to the development has been given under that Act, part 9 (Approval of actions)—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or
	(b)	if the recent study is an endorsed policy, plan or program under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), part 10 (Strategic assessments) and approval of action in relation to the development has been given under that Act, part 10—when the approval expires, or 5 years after the day the exemption is notified, whichever happens later; or
	(c)	in any other case—
	(i)	5 years after the day it is notified; or
	(ii)	if a later day is prescribed by regulation—the later day.
Note	Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
Division 8.2.2	Scoping of EIS
45	New division 8.2.3 heading
after section 215, insert
Division 8.2.3	Draft EIS
46	New division 8.2.4 heading
after section 221, insert
Division 8.2.4	Consideration of EIS
47	Authority consideration of EIS
New section 222 (2A)
insert
	(2A)	In making a decision under subsection (2), the planning and land authority must consult each entity that made a submission to the authority when consulted about the scoping document for the EIS under section 212 (4) (Scoping of EIS).
48	Cost recovery
Section 224B (1) (b) and note
substitute
	(b)	in preparing an EIS assessment report.
Note 1	EIS assessment report—see s 225A.
Note 2	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
49	EIS assessment report
Section 225A (1)
omit
assessment report
substitute
EIS assessment report
50	Section 225A (2) to (5)
omit
assessment report
substitute
EIS assessment report
51	New division 8.2.4
after section 227, insert
Division 8.2.4	Expiry of EIS
227A	Expiry of EIS
An EIS expires 5 years after the day it is completed.
Note	Completed—
	(a)	for an EIS—see s 209; and
	(b)	for a s 125-related EIS—see s 209A.
52	Section 411 heading
substitute
411	Restrictions on public availability—applications, comments, submissions etc
53	New section 411 (1) (da) and (db)
insert
	(da)	a person who makes an EIS exemption application under section 211B; or
	(db)	a person who makes a submission about an EIS exemption application under section 211D; or
54	New section 411 (2), definition of relevant document, new paragraphs (da) and (db)
insert
	(da)	in relation to a person who makes an EIS exemption application—the EIS exemption application; or
	(db)	in relation to a person who makes a submission about an EIS exemption application—the submission; or
55	Section 411 (3)
omit
for public inspection
substitute
to the public
56	Section 411 (7)
omit
copies of the relevant document made available for public inspection, each
substitute
the copy of the relevant document made available to the public, the
57	Restrictions on public availability—security
Section 412 (5), definition of relevant document, new paragraphs (ea) and (eb)
insert
	(ea)	an EIS exemption application under section 211B;
	(eb)	a submission about an EIS exemption application under section 211D;
58	New section 415A
insert
415A	Evidentiary certificates—offsets register
	(1)	The planning and land authority may give a signed certificate—
	(a)	stating that on a stated date or during a stated period a stated area of land was or was not the subject of an offset; and
	(b)	if the land was the subject of an offset—including the details kept in the offsets register about the land.
Note	Offsets register—see s 111V.
	(2)	A certificate under this section is evidence of the matters stated in it.
	(3)	Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.
59	Regulation-making power
Section 426 (2) (c)
omit

60	Reviewable decisions, eligible entities and interested entities
Schedule 1, new item 14A
insert
14A	decision under s 211H to refuse to grant an EIS exemption	applicant for development approval	entity consulted under s 211E that made a submission within the consultation period	

61	Controlled activities
Schedule 2, new item 4A
insert
4A	failing to take reasonable steps to implement an offset management plan as required under section 165H	60 penalty units	
62	Schedule 2, item 6
substitute
6	managing land held under a rural lease other than in accordance with—
	(a)	if an offset management plan is in force for the land—
	(i)	the offset management plan; and
	(ii)	to the extent that the land management agreement for the land is not inconsistent with the offset management plan—the land management agreement; or
	(b)	in any other case—the land management agreement for the land		
63	Development proposals in impact track because of need for EIS
Schedule 4, part 4.3, item 1, column 2, new paragraph (h)
insert
	(h)	any other protected matter
64	Dictionary, new definition of conditional environmental significance opinion
insert
conditional environmental significance opinion—see section 138AB (4) (aa).
65	Dictionary, definition of consultation notice, new paragraphs (c) and (d)
insert
	(c)	for a draft revised offsets policy—see section 111I (1); and
	(d)	for an EIS exemption application—see section 211C (1).
66	Dictionary, definition of consultation period, new paragraphs (c) and (d)
insert
	(c)	for a draft revised offsets policy—see section 111I (2); and
	(d)	for an EIS exemption application—see section 211C (2).
67	Dictionary, new definitions
insert
draft revised offsets policy—see section 111H (2).
EIS assessment report—see section 225A (1).
EIS exemption, for a development proposal—see section 211.
EIS exemption application—see section 211B (2).
matter protected by the Commonwealth—see section 111B.
Minister, for part 6A.2 (Offsets policy)—see section 111D.
offset, for a development—see section 111C.
offset condition, for a development approval—see section 165B.
offset management plan, for an offset—see section 165C.
offset manager, for an offset management plan—see section 165D.
offsets policy—see section 111E.
protected matter—see section 111A.
recent study, for part 8.2 (Environmental impact statements)—see section 211A.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Nature Conservation Act 1980
[1.1]	New part 8A
insert
Part 8A	Land development applications
91A	Meaning of development—pt 8A
	(1)	In this part:
development means a proposed development to which a development application applies.
	(2)	In this section:
development application—see the Planning and Development Act 2007, dictionary.
91B	Simplified outline
The following notes provide a simplified outline of this part and the Planning and Development Act 2007, chapter 7 (Development approvals):
Note 1	Conservator to be given copy of certain development applications
The planning and land authority is required to give the conservator a copy of each development application that is likely to have a significant adverse environmental impact on a protected matter (see Planning and Development Act 2007, s 147A).  The planning and land authority may also be required to give the conservator a copy of each development application in the merit track or impact track (see Planning and Development Act 2007, s 148). This requirement does not apply to a development application for a development proposal in the code track (see Planning and Development Act 2007, s 117 (c)).
Note 2	Conservator to give advice about development application
The conservator must give advice to the planning and land authority about adverse environmental impacts of the proposed development (see s 91C and s 91D) (see also Planning and Development Act 2007, s 149, s 150 and s 151).
Note 3	Conservator’s advice to be considered
The conservator’s advice must be considered by the planning and land authority (or the Minister) in approving or refusing to approve a development application (see Planning and Development Act 2007, s 119 (2), s 120 (d) and s 129 (e)). 
Note 4	Development approval by authority to be consistent with conservator’s advice
If the authority is to decide the development application, development approval must not be given unless the development proposal is consistent with the conservator’s advice (see Planning and Development Act 2007, s 128 (1) (b) (vi)).
Note 5	Development approval by Minister may be inconsistent with conservator’s advice
If the Minister is to decide the development application (using the Minister’s call-in power (see Planning and Development Act 2007, div 7.3.5)), the development approval may be inconsistent with the conservator’s advice if the Minister is satisfied that the approval is consistent with the offsets policy (see Planning and Development Act 2007, s 128 (1A)).
91C	Advice about adverse environmental impacts
	(1)	This section applies if the conservator is satisfied on reasonable grounds that a proposed development is likely to have an adverse environmental impact.
	(2)	The conservator may give the planning and land authority written advice under section 91D about the development.
Note	If the planning and land authority refers a development application to the conservator under the Planning and Development Act 2007, s 147A or s 148, the conservator must, not later than 15 working days after being given the application, give the planning and land authority its advice (see Planning and Development Act 2007, s 149).
91D	Requirements for conservator’s advice
	(1)	This section applies if the conservator gives advice—
	(a)	under section 91C about a development; or
	(b)	under the Planning and Development Act 2007, section 149 (Requirement to give advice in relation to development applications) about a development application.
	(2)	The conservator’s advice must include—
	(a)	an outline of the environmental impact of the proposed development; and
	(b)	advice about ways to avoid or minimise the environmental impact of the proposed development; and
	(c)	an assessment of whether the proposed development is likely to have a significant adverse environmental impact on a protected matter; and
	(d)	if the proposed development is likely to have a significant adverse environmental impact on a protected matter—advice about suitable offsets for the proposed development.
Note 1	If the proposed development is likely to have a significant adverse environmental impact, the development application may be declared to be in the impact track (see Planning and Development Act 2007, s 124), and may require an offset (see Planning and Development Act 2007, s 111C).
Note 2	Significant adverse environmental impact—see the Planning and Development Act 2007, s 124A.
	(3)	In preparing the advice, the conservator—
	(a)	must consider—
	(i)	the policy statement ‘Significant Impact Guidelines—Matters of National Environmental Significance’ published by the Commonwealth, as in force from time to time; and
Note	The policy statement is available at www.environment.gov.au.
	(ii)	the offsets policy; and
	(b)	may consider any other guideline, plan or policy published by the Territory or the Commonwealth about—
	(i)	protected matters; or
	(ii)	matters of national environmental significance.
	(4)	In this section:
offset, for a development—see the Planning and Development Act 2007, section 111C.
offsets policy—see the Planning and Development Act 2007, section 111E.
protected matter—see the Planning and Development Act 2007, section 111A.
significant adverse environmental impact—see the Planning and Development Act 2007, section 124A.
[1.2]	Dictionary, definition of development
substitute
development—
	(a)	for part 8A (Land development applications)—see section 91A; and
	(b)	for part 10 (Management agreements)—see section 98.
Part 1.2	Planning and Development Regulation 2008
[1.3]	Section 26 (1) (c), new note
insert
Note	The conservator’s advice must contain certain things (see Nature Conservation Act 1980, pt 8A, particularly s 91D).
[1.4]	New section 26 (1) (i)
after the note, insert
	(i)	if the planning and land authority, or the Minister, may impose an offset condition on the development approval for the application, and the offset condition would affect—
	(i)	leased land—the lessee of the land; or
	(ii)	unleased land or public land—the custodian of the land.
Note	Offset condition, for a development approval—see the Act, s 165B.
[1.5]	Section 50A
substitute
50A	EIS exemption application—consultation with entities—Act, s 211E
The entities prescribed are the entities mentioned in section 26 (1) (Referral of certain development applications—Act, s 148 (1)).
[1.6]	Section 54 (3) (b)
substitute
	(b)	for each potentially significant environmental impact identified in the scoping document—
	(i)	a requirement that the proponent of the development proposal to which the scoping document relates consider ongoing management, monitoring or reporting regimes; or
	(ii)	a requirement that the EIS contain a statement indicating—
	(A)	whether an offset is likely to be required for the impact; and
	(B)	if an offset is likely to be required—whether an offset management plan is likely to be required for the offset;
Note 1	If an offset is required, the Minister may impose an offset condition on the development approval (see Act, s 165 (3) (ha)).  
An offset condition may require the proponent to prepare an offset management plan for the offset (see Act, s 165B).
Note 2	Offsets are dealt with in the Act, ch 6A.
Note 3	Significant adverse environmental impact—see the Act, s 124A.
Offset, for a development—see the Act, s 111C.
Offset condition, for a development approval—see the Act, s 165B.
[1.7]	Dictionary, note 3
insert
·	EIS exemption
·	offset
·	protected matter (see s 111A)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 14 August 2014.
2	Notification
	Notified under the Legislation Act on 2 October 2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Planning and Development (Bilateral Agreement) Amendment Bill 2014, which was passed by the Legislative Assembly on 23 September 2014. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2014