sec.91Fast-track fee and variation application under Act, s 39

sec.91 Fast-track fee and variation application under Act, s 39

The fee (the fast-track fee ) for a request made by an applicant under section 39 of the Act is payable in addition to the fee payable for a variation application. If the chief executive refuses the request made under section 39 of the Act , the chief executive must refund the fast-track fee paid by the applicant. The chief executive may refund the fee paid by the applicant for the variation application if— for a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or otherwise—a decision for the variation application is not made within 20 business days after the application is made. In deciding whether to refund the fee under subsection (3) , the chief executive must have regard to each of the following matters— if the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time; the complexity of the building work that is the subject of the application, including— the scale of the building work; and whether the department made a request for specialist advice to decide the application. (sec.91-ssec.1) The fee (the fast-track fee ) for a request made by an applicant under section 39 of the Act is payable in addition to the fee payable for a variation application. (sec.91-ssec.2) If the chief executive refuses the request made under section 39 of the Act , the chief executive must refund the fast-track fee paid by the applicant. (sec.91-ssec.3) The chief executive may refund the fee paid by the applicant for the variation application if— for a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or otherwise—a decision for the variation application is not made within 20 business days after the application is made. (sec.91-ssec.4) In deciding whether to refund the fee under subsection (3) , the chief executive must have regard to each of the following matters— if the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time; the complexity of the building work that is the subject of the application, including— the scale of the building work; and whether the department made a request for specialist advice to decide the application.

• (a) for a variation application accompanied by a request under section 39 of the Act —the decision about the application made under that section is not made within 2 business days after the application is made; or
• (b) otherwise—a decision for the variation application is not made within 20 business days after the application is made.