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PLANNING ACT 2016 - SECT 98
Directions to referral agency
98 Directions to referral agency
(1) The Minister may, before or after the end of the period for a referral
agency to assess an application, direct the referral agency— (a) to reissue
the referral agency’s response— (i) if the Minister considers the response
directs the imposition of a condition that does not comply with section 65 or
66—without the condition or with another condition; or
(ii) if the Minister
considers the response is not within the referral agency’s functions—in a
stated way to ensure the response is within the referral agency’s functions;
or
(iii) if the Minister considers the referral agency has not adequately
assessed the application—in a stated way that the Minister considers
reflects an adequate assessment of the application; or
(b) if the Minister
considers the referral agency has contravened a period for taking an action
under the process for administering the application—to take the action
within a stated reasonable period.
(2) At the same time as the Minister gives
the direction to the referral agency, the Minister must give a copy of the
direction to— (a) the applicant; and
(b) any other referral agency; and
(c) the decision-maker.
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