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PLANNING ACT 2016 - SECT 105
Deciding called in application
105 Deciding called in application
(1) If the Minister gives a call in notice to the decision-maker, other than
for a cancellation application, the Minister may— (a) assess and decide, or
reassess and re-decide, all or part of the application; or
(b) if the
call in notice is given before the decision-maker decides the application—
(i) direct the decision-maker to assess all or part of the application; and
(ii) decide the application, or part of the application, based on the
decision-maker’s assessment.
(2) If the Minister gives a call in notice to
the decision-maker for a cancellation application, and the application
complies with section 84 (1) , the Minister must cancel the development
approval.
(3) The decision-maker must give all reasonable help that the
Minister requires to assess or decide the application. Examples— •
giving all material about the application that the original assessment manager
had before the call in or receives after the call in
• giving any other
material relevant to assessing the application
(4) The following provisions
do not apply to the application— (a) for a development applicationâ€
” sections 45 (3) to (8) , 60 to 62 , to the extent those sections impose
obligations on the assessment manager, and section 64 ;
(b) for change
representations†” section 76 (1) ;
(c) for a change application for a minor
change†” sections 81 and 81A ;
(d) for a change application for a change
that is not a minor change†” section 82 ;
(e) for an extension
application†” section 87 (1) to (4) .
(5) For an application that is not a
cancellation application, the Minister may consider anything the Minister
considers relevant.
(6) The Minister need not consider any referral
agency’s response.
(7) The period under this chapter or the development
assessment rules between the day the last procedural event for the application
ends, and the day before the application must be decided, is replaced by—
(a) 30 business days; or
(b) if, before the 30 business days end, the
Minister gives a notice extending the period to the entities in section 103
(1) —50 business days.
(8) The requirements for the content of notices
under sections 63 , 83 (3) and (4) and 87 (5) apply only to the extent the
Minister considers relevant.
(9) The notice that the Minister gives about the
Minister’s decision must state— (a) the matters the Minister considered in
making the decision; and
(b) if the Minister decided only part of the
application— (i) that the assessment manager must assess and decide, or
reassess and re-decide, the other part; and
(ii) the point in the process for
assessing the application, and the day from which the assessment must restart,
for the other part.
(10) The Minister must give the notice to each person who
was required to be given the call in notice.
(11) If the notice is about
change representations, the notice does not replace the decision notice for
the development application or change application.
(12) However, any
development conditions decided by the Minister are part of the development
approval and apply instead of any other development conditions, to the extent
of any inconsistency.
(13) In this section—
"procedural event" means any action that must be completed, for the
application under the process for administering the application, after the
application is called in but before a decision about the application must be
made, including— (a) responding to a request for further information made
under the process; and
(b) giving a referral agency response; and
(c) giving
a response notice under section 80 ; and
(d) making properly made
submissions.
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