Queensland Numbered Acts

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PLANNING ACT 2016 - SECT 51

Making development applications

51 Making development applications

(1) A development application must be—
(a) made in the approved form to the assessment manager; and
(b) accompanied by—
(i) the documents required under the form to be attached to, or given with, the application; and
(ii) the required fee.
(2) The application must be accompanied by the written consent of the owner of the premises to the application, to the extent—
(a) the applicant is not the owner; and
(b) the application is for—
(i) a material change of use of premises or reconfiguring a lot; or
(ii) works on premises that are below high-water mark and are outside a canal; and
(c) the premises are not excluded premises.
(3) If, under the Environmental Protection Act, section 115, a development application is taken to be an application for an environmental authority, the development application must comply with section 125(1)(c) to (3) of that Act as if—
(a) a reference to the application were a reference to a development application; and
(b) a reference to the applicant were a reference to an applicant for a development application.
(4) An assessment manager—
(a) must accept an application that the assessment manager is satisfied complies with subsections (1) to (3); and
(b) must not accept an application unless the assessment manager is satisfied the application complies with subsections (2) and (3); and
(c) may accept an application that does not comply with subsection (1)(a) or (b)(i); and
(d) may accept an application that does not comply with subsection (1)(b)(ii) to the extent the required fee has been waived under section 108(b).
(5) An application that complies with subsections (1) to (3), or that the assessment manager accepts under subsection (4)(c) or (d), is a
"properly made application" .



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