Queensland Numbered Acts

PLANNING ACT 2016 - SECT 54

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 108(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(6)—that person.

(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.