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Planning and Development

Major Infrastructure Development Approval

Process for Major Infrastructure Development Approval

1. Obtaining Major Infrastructure Project Status

 

Document

A project proponent submits a report to the Minister asking for declaration of the project as a major infrastructure project *1

Process

Councils express their views

Document

To have a project declared a major infrastructure project, the Minister recommends the Governor makes an order 

A draft order is sent to all affected local councils, then comments are reviewed

Process

The Minister may ask the Resource Development and Planning Commission (RPDC) to administer the approval process

Internal timeline
Councils must be given at least 28 days notice and have 21 days to respond to the draft order		 Internal timeline
Minister has at least 7 days to decide to ask the RPDC to administer the process or continue with the combined planning authority (CPA)

Decision

Governor rejects order

Decision

Governor accepts order

2. Governor's Order

Process

Minister notifies relevant agencies of the order *3

Document

If the Governor makes an order, this is then gazetted and laid before State Parliament *2

Process

Minister advertises the order in newspapers *4

Process

Councils nominate candidates for the combined planning authority (CPA)

Internal timeline
Planning authorities have 28 days to nominate persons to be part of the CPA

3. Planning Authority Establishment

Decision

Minister establishes the CPA from the nominations

Internal timeline
The CPA has 42 days to develop draft planning criteria and refer them to the applicant and the RPDC		 Internal timeline
The Minister has 14 days to establish a combined planning authority

Process

The CPA develops draft planning criteria to assess the project against *5

4. Advertising and Consultation

Internal timeline

Process

Criteria referred to applicant

Process

Criteria referred to RPDC

Process

Criteria publicly exhibited by RPDC

Process

Exhibition advertised in newspapers

Internal timeline
The CPA has 7 days to notify the applicant and the RPDC of the criteria and publicly exhibitthem		 Internal timeline
Criteria are exhibited for at least 14 days by the RPDC

5. Decision

Process

RPDC finalise criteria and inform CPA

Internal timeline
The RPDC has 7 days to finalise criteria

Process

CPA provides criteria to applicant

Process

CPA advertises and makes criteria available for inspection

Internal timeline
The CPA has 7 days to advertise and provide criteria to applicant

Process

Applicant submits a permit application to the CPA

(See process for S.57/Discretionary planning application for next steps)

Internal timeline
The applicant has 12 months to submit the permit application *6
 

Key

           
  decision   process
  action   internal timeline
  document   external timeline
 

document notes

  1. The Minister must receive a report from a proponent for the project to be declared as a major infrastructure project, accompanied by a report on the project prepared in accordance with the Major Infrastructure Development Approvals Regulations 2000. The report must provide a comprehensive description of the project.
  2. The effect of the order declaring a major infrastructure project in terms of the assessment and approval process, is that the provisions of any relevant planning scheme are substituted by a set of planning criteria determined under the Major Infrastructure Development Approvals Act 1999.
    An order made by the Governor is to identify the proponent and define the major infrastructure project by specifying the nature and location of each component that is comprised in the project. The location of each component may be described by reference to a corridor between two places. More information on corridors can be obtained from Section 14 and Section 15 of the Major Infrastructure Development Approvals Act.
    An order may also:
    • declare that property owners need only be notified (as opposed to obtaining their written consent) that an application for a permit is to be lodged in respect to their land;
    • declare that the planning approval process is to be administered by a combination of councils if it involves more than one council area;
    • declare that the RPDC will administer the planning approval process;
    • require the Crown or the council to provide the proponent with certain information. For example, if the application is one which is to be considered by the Board of Environmental Management and Pollution Control, the BEMPC will provide environmental guidelines to the proponent by a specified date;
    • require the proponent to lodge a financial assurance with the Crown which is to be forfeited on failure to comply with the terms and conditions of the order;
    • require the proponent to pay to the Crown an amount to cover costs incurred by the Crown or any other person involved in the assessment of the project;
    •  require compliance by the proponent with the terms and conditions of the order; and
    • authorise the sale by the Crown to the proponent of any land specified in the order.

    The order must be laid before each House of Parliament within the first 10 sitting days of the House after it is published. An order is of no effect until it has been approved by both Houses of Parliament.

  3. The following authorities must be notified of the order in writing:
    • the Resource Planning and Development Commission;
    • each council on which obligations are imposed by the order, or which is otherwise affected by the making of the order; and
    • each agency of the Crown on which obligations are imposed by the order.
  4. The Minister must advertise the order in a newspaper circulating in the area within which the major infrastructure project is to be implemented.
  5. The planning criteria are intended to be a replacement planning scheme, which is effective across all councils affected by the project.
  6. Within this 12 month period, the proposed corridor can be refined if applicable. The Minister can extend this period by no more than 12 months.