Impact track development applications:
- are considered against the Territory Plan and an Environmental Impact Statement (unless exempted by the Minister) and
- undergo the broadest level of assessment compared to other tracks.
- proposals that are likely to have a significant adverse environmental impact on an endangered species or ecological community
- constructing a major dam
This is not a complete list of all possible impact track developments.
What is an impact track DA
A development application is considered an impact track development proposal if:
- it meets the criteria in the relevant impact track development table of the Territory Plan
- it is of a kind mentioned in Schedule 4 of the Planning and Development Act 2007
- the Minister makes a declaration under section 124 of the Planning and Development Act 2007 in relation to the proposal or
- it is considered one under relevant legislation, such as the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
Development assessment process
The following diagram outlines the development assessment process for impact track development applications.
Entity advice may be supplied with the development application at the time it is lodged, or plans or other information as required by the entity may be submitted with the development application for us to refer to the entity.
If entity advice is provided in writing at the time the development application is lodged:
- it must have been given less than six months before the lodgement date; and
- the application does not need to be referred if we are satisfied that the applicant has adequately consulted with the entity.
Impact track development applications must be publicly notified and will always undergo the major notification process.
Further information requests
We may ask an applicant for further information that is essential to assess a development application at any time.
The request must:
- be in writing and
- advise the applicant by when the information must be provided – 20 working days unless otherwise prescribed.
If we request further information within 10 days from the lodgement date, the deadline for making a decision on the development application can be extended by the number of days it takes the applicant to provide the information.
What is considered during assessment
The following is a summary of what a decision-maker must consider when assessing an impact track development application:
- the relevant Code of the Territory Plan
- suitability of the land for the development
- all representations
- entity advice
- a plan of management for any public land
- probable impact of the development, including environmental impact
- completed Environmental Impact Statement for the proposal and
- conclusions of any inquiry about an Environmental Impact Statement for the proposal.
When an impact track cannot be approved
An impact track development application must not be approved:
- unless an Environmental Impact Statement has been completed, or this requirement has been exempted by the Minister
- if the proposal is inconsistent with:
- the Statement of Strategic Directions of the Territory Plan
- any land management agreement for the land, if it is in a rural lease
- the related advice of the Conservator of Flora and Fauna, if the proposal will affect a registered tree or declared site or
- any advice given by an entity, unless the decision-maker is satisfied that any applicable guidelines and any realistic alternative to the proposed development has been considered and the decision is consistent with the objects of the Territory Plan.
The statutory time period for making a decision on an impact track development application is:
- 30 working days after the lodgement date if no representations are made or
- 45 working days after the lodgement date if representations are made.
A development application is not considered lodged until full payment of fees is made.