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PLANNING ACT 2016 - SECT 54
Copy of application to referral agency
(1) An applicant for a development application must, within the period
required under the development assessment rules, give a copy of the
application and, subject to section 109 (b) , the required fee, to each
referral agency.
(2) A
"referral agency" , for a development application, is— (a) the person
prescribed by regulation as a referral agency for applications of that type;
or
(b) if that person’s functions have been devolved or delegated to
another person—the other person; or
(c) if the Minister has decided that a
person is a referral agency under section 48 (7) —that person.
Note— For
additional referral agencies for change applications, other than change
applications for a minor change to a development approval, see also
section 82A .
(3) However, if a person is the assessment manager for a
development application, and would be a referral agency for the application
because of subsection (2) — (a) the person is not a referral agency for the
application, but the person’s functions and powers as assessment manager
include those the person would have had as a referral agency; and
(b) the
person’s fee for the development application includes the fee under
subsection (1) .
(4) Despite subsection (1) , the applicant need not give a
copy of the application to a referral agency if— (a) the applicant gave the
assessment manager the referral agency’s response stated in section 57 (3)
with the application; and
(b) the referral agency’s response states that—
(i) the referral agency does not require the applicant to give a copy to the
agency; or
(ii) the referral agency does not require the applicant to give a
copy to the agency if stated conditions, including a time limit within which
the application must be made, are satisfied; and
(c) any conditions stated in
paragraph (b) (ii) are satisfied.
(5) The assessment manager may, if asked by
the applicant, give a copy of the application to a referral agency for the
applicant, for a fee of no more than the reasonable costs of doing so.
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