DEVELOPMENT BY STATE AGENCIES

Where a state agency (a widely defined term which includes Government departments) proposes to undertake development, the normal development control regime referred to above does not apply and a special 'Crown Development' procedure is activated [Development Act s.49]. Examples of the types of development covered by this section include:

the infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, or the drainage or treatment of waste water or sewage
roads and their supporting structures and works
ports, wharfs, jetties, railways, tramways and busways
schools, hospitals and prisons
all other facilities that have traditionally been provided by the State (but not necessarily only by the State) as community or public facilities.

With most forms of Crown Development (other than minor repair works), the application must be lodged with the Development Assessment Commission and notice must be given to the relevant local council which can, if it wishes, report to the DAC. The DAC must then assess the proposal and report to the Minister within three months of the application. If a proposal is seriously at variance with the Development Plan, or the building rules or the local council opposes the proposal, the DAC must make specific reference to these matters in a report to the Minister.

The Minister after receipt of the report may refuse or approve the development subject to such conditions as the Minister sees fit. However, if a development that is approved was previously refused by council or is seriously at variance with the Development Plan, the Minister must prepare a report which must be presented to both Houses of Parliament. No appeal lies against the Minister's decision.