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PLANNING ACT 2016 - SECT 64
Deemed approval of applications
(1) This section applies to a development application if— (a) the
application requires only code assessment; and
(b) the assessment manager
does not decide the application within the period, or extended period, allowed
under the development assessment rules.
(2) However, this section does not
apply to a development application— (a) that includes a variation request;
or
(b) if a referral agency directs the assessment manager— (i) to give any
development approval for only a stated part of the application; or
(ii) to
refuse the application; or
(c) that includes development for which the
building assessment provisions are an assessment benchmark; or
(d) that is
subject to a direction under section 95 (1) (b) , if the stated period for the
application under that section has not ended.
(3) The applicant may, before
the application is decided, give a notice (a
"deemed approval notice" ), in the approved form, that states the application
should be approved, to the assessment manager.
(4) The applicant must give a
copy of the deemed approval notice to each person stated in section 63 (1) (b)
to (d) for the application.
(5) On the day the assessment manager receives
the deemed approval notice, the assessment manager is taken to have given an
approval (a
"deemed approval" ) to the applicant.
(6) The assessment manager may, within
10 business days after receiving the deemed approval notice, give the
applicant a decision notice, in the approved form, in which the decision—
(a) approves the application; or
(b) approves the application subject to
development conditions.
(7) The deemed approval is taken to be— (a) to the
extent a referral agency or the Minister has directed the approval be a
preliminary approval—a preliminary approval; or
(b) otherwise—the type or
types of approval applied for.
(8) The deemed approval is taken to include—
(a) any conditions that a referral agency’s response directed the assessment
manager to impose; and
(b) any conditions that the Minister directed the
assessment manager to impose under section 95 (1) (d) ; and
(c) if the
assessment manager does not give a decision notice to the applicant under this
section—the conditions (the
"standard conditions" ) stated in an instrument made by the Minister for this
section.
(9) Before making or amending the instrument mentioned in subsection
(8) (c) , the Minister must consult with the persons the Minister considers
appropriate.
(10) The Minister must notify the making or amendment of the
instrument mentioned in subsection (8) (c) in the gazette.
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