Stage 2 is where all entity advice is consolidated, considered and responded to.

Entity advice

When reviewing entity advice, CED will consider:

  • whether the advice was provided on time
  • whether the entity:
    • supports the proposal (including when they support subject to conditions)
    • does not support the proposal and
    • if they need further information to help them come to a position.

These distinctions are important to make. It changes the weight of the advice, and there are special considerations when approving DA contrary to entity advice.

On-time entity advice

CED will consider all entity advice received in the assessment process.

Any entity advice received on time carries more weight in the decision-making process. That is, a decision-maker can generally only approve a DA if it's consistent with entity advice.

If an entity suggests conditions for approval, CED doesn't need to include these in their decision.

If an entity advises to refuse a DA, it can still be approved by the authority if the DA meets very specific criteria and considerations are made. These include:

  • the decision-maker considers the relevant desired planning outcomes in the Territory Plan
  • the decision-maker must consider any reasonable alternate development options for Das that need an EIS
  • the proposal or project doesn’t involve a protected matter, and
  • the decision-maker must agree that deciding against the entity advice will improve the planning outcome.

Late entity advice

If entity advice is received late, the same weight doesn't apply.

A decision-maker may only consider this entity advice. They don't have to meet the above criteria to decide to approve a DA against entity's advice.

In this case, the assessing officer will generally review the importance of the entity’s advice based on the DA.

Entity advice not provided

If an entity doesn't respond and CED wishes to decide the DA, they are free to make the decision. The validity of the decision isn't affected by the entity's failure to provide advice.

Special entity advice and considerations

Registered trees or declared sites

If a development affects a registered tree or declared site, a DA can't be approved against advice from the Conservator of Flora and Fauna.

In this situation, approval is only given in line with the conservator's advice where the project is a territory priority project , and:

  • the Minister as the decision-maker considers the relevant desired planning outcomes in the Territory Plan
  • the Minister as the decision-maker consider any reasonable alternate development options for DAs that need an EIS
  • the proposal or project doesn't involve a protected matter, and
  • the Minister as the decision-maker must agree that a decision against the entity will improve the planning outcome.
Protected matters

If a development could have a significant adverse environmental impact on protected matter, the DA won't be approved against the advice from the Conservator of Flora and Fauna.

In this situation, only the Chief Planner or the Minister can approve if they're satisfied that the proposal is:

  • consistent with the offsets policy and
  • would provide a substantial benefit to the public.

The Chief Planner or Minister's approval must be consistent with approvals required or obtained under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Referral to the Commonwealth

A proposed approval decision must be sent to the Commonwealth for advice if it might have a significant adverse environmental impact on a matter protected by the Commonwealth. i.e. under the Environment Protection and Biodiversity Conservation Act 1999.

The Commonwealth has 10 working days to provide advice.

Where the Commonwealth provides advice in time, DA approval can’t be given unless it's consistent with the advice.

If the Commonwealth doesn't provide advice in time, the decision-maker can approve the DA.