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before the day the amendment notice is
given.
(4) The amendment notice must state—
(a) the day the notice is given; and
(b) details of the relevant application; and
(c) details of the amendment being made; and
(d) the reasons for making the amendment; and
(e) any other matter prescribed by regulation.
(5) The amendment takes effect on the day the
amendment notice is given.
(6) The Minister must—
(a) give a copy of the amendment notice to each
entity to which the declaration notice for the
declaration was given; and
(b) publish a copy of the amendment notice on
the department’s website.
(7) If the declaration is amended to change the
restarting point for the relevant application, the
process for administering the application starts
again from the restarting point as changed.
106HB Notice of proposed amendment
(1) This section applies if—
(a) the relevant application was made to the
decision-maker for the application before
the declaration was made; or
(b) an application that is not substantially
different from the relevant application has
been made to the chief executive within the
application period for the application.
(2) Before amending the declaration under section
106HA, the Minister must—
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(a) give a notice to each entity mentioned in
section 106C(2)(a) to (d) that states—
(i) that the Minister is proposing to amend
the declaration; and
(ii) the day the notice is given; and
(iii) details of the relevant application; and
(iv) details of the proposed amendment;
and
(v) the reasons for making the proposed
amendment; and
(vi) that the entity to which the notice is
given may make representations to the
Minister about the proposed
amendment within the stated period of
at least 5 business days after the day
the notice is given; and
(vii) any other matter prescribed by
regulation; and
(b) consider any representations about the
proposed amendment made during the
period stated in the notice.
(3) Subsection (4) applies if the notice given under
subsection (2)(a) states that the process for
administering the application is suspended until a
stated day.
(4) Subject to section 106HA(7), the process for
administering the application stops on the day the
notice is given and restarts on the stated day from
the point in the process at which it stopped.
Division 2B Revoking declarations
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106HC Revoking declaration
(1) The Minister may, by notice given to the applicant
for the relevant application (a revocation notice),
revoke a declaration made under section 106D in
relation to the application that is in effect.
Note—
For when a declaration stops having effect, see section
106G.
(2) However, the Minister may revoke the declaration
only if the Minister—
(a) is satisfied that section 106D(2)(a), (b) or (c)
does not apply in relation to the relevant
application; or
(b) considers that the declaration is no longer
appropriate in all the circumstances.
(3) The revocation notice must state—
(a) that the declaration is revoked; and
(b) the day the notice is given; and
(c) details of the relevant application; and
(d) the reasons for revoking the declaration; and
(e) the effect of the revocation under section
106HE, 106HF or 106HG; and
(f) for a relevant application in relation to
which section 106HF applies—the point in
the process for administering the application
from which the process must restart; and
(g) any other matter prescribed by regulation.
(4) In deciding the point mentioned in subsection
(3)(f), the Minister may have regard to any matter
the Minister considers relevant.
(5) The revocation takes effect on the day the
revocation notice is given.
(6) The Minister must—
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(a) give a copy of the revocation notice to each
entity to which the declaration notice for the
declaration was given; and
(b) publish a copy of the revocation notice on
the department’s website.
106HD Notice of proposed revocation
(1) This section applies if—
(a) the relevant application was made to the
decision-maker for the application before
the declaration was made; or
(b) an application that is not substantially
different from the relevant application has
been made to the chief executive within the
application period for the application.
(2) Before revoking the declaration under section
106HC, the Minister must—
(a) give a notice to each entity mentioned in
section 106C(2)(a) to (d) that states—
(i) that the Minister is proposing to revoke
the declaration; and
(ii) the day the notice is given; and
(iii) details of the relevant application; and
(iv) the reasons for the proposed
revocation; and
(v) the effect of the revocation under
section 106HE, 106HF or 106HG; and
(vi) that the entity to which the notice is
given may make representations to the
Minister about the proposed revocation
within the stated period of at least 5
business days after the day the notice is
given; and
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(vii) any other matter prescribed by
regulation; and
(b) consider any representations about the
proposed revocation made during the period
stated in the notice.
(3) Subsection (4) applies if the notice given under
subsection (2)(a) states that the process for
administering the application is suspended until a
stated day.
(4) Subject to sections 106HE to 106HG, the process
for administering the application stops on the day
the notice is given and restarts on the stated day
from the point in the process at which it stopped.
106HE Effect of revocation—relevant application
made and decided before declaration made
(1) This section applies if—
(a) a declaration in relation to the relevant
application is revoked under section 106HC;
and
(b) the relevant application was made to the
decision-maker for the application before
the declaration was made.
(2) Subsections (3) to (5) apply if, before the
declaration was made, the decision-maker for the
relevant application had decided the relevant
application, and given a decision notice for the
relevant application to at least 1 entity under—
(a) if the relevant application is a development
application—section 63(1), 64(6) or 76(2);
or
(b) if the relevant application is a change
application—section 64(6), 76(2) or 83(1)
or (2).
(3) On the day the revocation takes effect, section
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106H(2)(a) stops applying in relation to the
decision.
(4) The decision notice is taken to have been given to
the entity by the decision-maker on the day the
revocation takes effect.
(5) A decision notice given in relation to the decision
is not invalid merely because the decision notice
is given, or taken to have been given, to an entity
after any period for giving the notice under this
Act or the development assessment rules has
ended.
(6) Subsection (7) applies if, before the declaration
was made—
(a) the applicant had given a deemed approval
notice to the decision-maker for the relevant
application under section 64; and
(b) the decision-maker had not given a decision
notice for the relevant application to the
applicant under section 64(6).
(7) The decision-maker for the relevant application is
taken to have given a deemed approval to the
applicant on the day the revocation takes effect.
(8) Subsection (9) applies if, before the declaration
was made—
(a) a person’s appeal period for an appeal in
relation to the decision or deemed approval
had ended; and
(b) the person had not started an appeal in
relation to the decision or deemed approval.
(9) Despite section 229, the person may not appeal
against the decision or deemed approval.
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106HF Effect of revocation—relevant application
made but not decided before declaration made
(1) This section applies if—
(a) a declaration in relation to the relevant
application is revoked under section 106HC;
and
(b) the relevant application was made to the
decision-maker for the application before
the declaration was made; and
(c) the decision-maker for the relevant
application had not, before the declaration
was made, given a decision notice for the
application to at least 1 entity under—
(i) if the relevant application is a
development application—section
63(1), 64(6) or 76(2); or
(ii) if the relevant application is a change
application—section 64(6), 76(2) or
83(1) or (2); and
(d) the applicant had not, before the declaration
was made, given a deemed approval notice
to the decision-maker for the relevant
application under section 64.
(2) Subject to subsection (3), the decision-maker for
the relevant application must assess and decide
the application under parts 1 to 5.
(3) The process for administering the relevant
application starts again from the point stated in
the notice revoking the declaration.
106HG Effect of revocation—other applications
(1) This section applies if—
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(a) a declaration in relation to the relevant
application is revoked under section 106HC;
and
(b) an application that is not substantially
different from the relevant application has
been made to the chief executive within the
application period for the application.
(2) The application made to the chief executive is
taken to have been withdrawn.
36 Insertion of new s 106IAA
After section 106I—
insert—
106IAA Reference to matter stated in declaration
notice
In this division, a reference to a matter stated in
the declaration notice for the relevant application
is, if the declaration is amended under section
106HA in relation to the matter, a reference to the
matter as amended.
37 Insertion of new ss 106MA and 106MB
After section 106M—
insert—
106MA Request to change application
(1) Before the application is decided under this
division, the Minister may, by notice given to the
applicant, ask the applicant to change the
application.
(2) However, the Minister may make the request only
if—
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(a) the Minister is satisfied that section
106D(2)(a), (b) and (c) applies in relation to
the application as changed; and
(b) the change does not include prohibited
development; and
(c) the change is not a change of applicant.
(3) The request must state—
(a) each change the applicant is requested to
make to the application; and
(b) the reasons for making the request; and
(c) that the application may lapse at the end of
the reasonable period stated in the request
under section 106MB(2); and
(d) any other matter prescribed by regulation.
(4) The Minister must—
(a) give a copy of the request to each entity to
which the declaration notice for the
declaration was given; and
(b) publish a copy of the request on the
department’s website.
(5) When exercising a power under this section, the
Minister need not—
(a) give notice to anyone other than under this
section; or
(b) consult with anyone; or
(c) consider any material given to the Minister
by anyone in relation to the exercise or
proposed exercise of the power.
106MB Effect of request under s 106MA
(1) This section applies if the Minister asks the
applicant to change the application under section
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106MA.
(2) The application lapses at the end of the reasonable
period stated in the request unless the applicant
gives the chief executive—
(a) the application including each requested
change; and
(b) if section 52(2)(b) would apply in relation to
the change if the change were made under
that section—the written consent of the
owner of the premises the subject of the
application as changed to the making of the
change.
(3) Subsection (4) applies if—
(a) the applicant gives the chief executive the
things mentioned in subsection (2) within
the period stated in the request; and
(b) the request states that the process for
administering the application as changed
will start again from a stated point in the
process.
(4) The process for administering the application
starts again from the stated point.
(5) In deciding the point mentioned in subsection
(3)(b), the Minister may have regard to any matter
the Minister considers relevant.
(6) To remove any doubt, it is declared that a change
to the application under section 106MA and this
section does not affect the application or
operation of the declaration or this division in
relation to the application.
38 Amendment of sch 2 (Dictionary)
Schedule 2, definition application period—
omit, insert—
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application period, in relation to a relevant
application, for chapter 3, part 6A, see section
106B.
Division 3 Amendment of Planning and
Environment Court Act 2016
39 Act amended
This division amends the Planning and Environment Court
Act 2016.
40 Amendment of s 11 (General declaratory jurisdiction)
Section 11—
insert—
(5) Subsections (6) and (7) apply if—
(a) a development application or change
application under the Planning Act is
declared to be an application for State
facilitated development under section 106D
of that Act; and
(b) the declaration is revoked under section
106HC of that Act.
(6) Despite subsection (2), a person may start a
declaratory proceeding in relation to the effect of
the revocation under the Planning Act, section
106HE, 106HF or 106HG.
(7) Also, to remove any doubt, it is declared that a
person may start a declaratory proceeding in
relation to the process for administering the
development application or change application
under the Planning Act.
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Division 4 Amendment of Public Sector Act
2022
41 Act amended
This division amends the Public Sector Act 2022.
42 Amendment of s 215 (Remuneration and conditions)
(1) Section 215(1) to (3)—
omit, insert—
(1) The commissioner is entitled to be paid the
remuneration and allowances decided by the
Governor in Council.
(2) The Governor in Council may remove the
commissioner from office only if the
commissioner—
(a) has engaged in misconduct; or
(b) has become incapable of performing the
commissioner’s functions because of mental
or physical incapacity; or
(c) has neglected the commissioner’s duties or
performed the commissioner’s functions
incompetently.
(2) Section 215(5), ‘Minister’—
omit, insert—
Governor in Council
(3) Section 215—
insert—
(6) Despite section 38, chapter 3, part 8, divisions 3
and 5 do not apply to the commissioner.
(7) In this section—
misconduct means—
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