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ECONOMIC DEVELOPMENT ACT 2012 - SECT 51AO
Change applications under Planning Act for Planning Act approvals
51AO Change applications under Planning Act for Planning Act approvals
(1) For applying the relevant planning provisions to a change application made
under the Planning Act to change the Planning Act approval— (a) a reference
in the Planning Act , section 78A (2) , (3) or (4) to section 78A (1) of that
Act includes a reference to section 51AN ; and
(b) a reference in the
relevant planning provisions to the assessment manager includes a reference to
the entity mentioned in section 51AN (c) ; and
(c) if the change is a minor
change for the Planning Act under section 51AM —a reference in the
relevant planning provisions to a referral agency includes a reference to—
(i) an entity that was, under section 88 (a) , a nominated assessing authority
for a PDA development condition of the PDA development approval, if the
condition is a condition of the Planning Act approval; and
(ii) another
entity prescribed by regulation; and
(d) the relevant planning provisions
apply with any other necessary changes.
(2) For applying the Planning Act ,
section 82 to the change application, a reference in section 82 (2) (a) (ii)
of that Act to the original development application includes a reference to
the application for the PDA development approval.
(3) If the responsible
entity for the change application under the Planning Act must, in assessing
the application, consider a matter mentioned in section 81 (2) (d) , (e) or
(f) of that Act— (a) section 81 (4) and (5) (c) of that Act applies for the
assessment as if a reference in that section to when the development
application for the development approval was properly made were a reference to
when the change application was made; and
(b) section 81 (5) (a) of that Act
does not apply for the assessment.
(4) In this section—
"relevant planning provisions" means the following provisions— (a) the
Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than
section 78A (1) or 82 ;
(b) the Planning Act , chapter 3 , part 5 , division
2 , subdivision 3 ;
(c) the Planning Act , chapter 3 , part 6 or 6A ;
(d)
the Planning Act , section 229 ;
(e) the Planning Act , schedule 1 , section
1 , table 1, item 2;
(f) the development assessment rules under the Planning
Act .
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