sec.51AOChange applications under Planning Act for Planning Act approvals

sec.51AO Change applications under Planning Act for Planning Act approvals

For applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval— 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 a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN (c) ; and 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— 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 another entity prescribed by regulation; and the relevant planning provisions apply with any other necessary changes. 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. 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— 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 section 81 (5) (a) of that Act does not apply for the assessment. In this section— relevant planning provisions means the following provisions— the Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than section 78A (1) or 82 ; the Planning Act , chapter 3 , part 5 , division 2 , subdivision 3 ; the Planning Act , chapter 3 , part 6 or 6A ; the Planning Act , section 229 ; the Planning Act , schedule 1 , section 1 , table 1, item 2; the development assessment rules under the Planning Act . s 51AO ins 2019 No. 11 s 39 amd 2024 No. 13 s 6 (sec.51AO-ssec.1) For applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval— 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 a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN (c) ; and 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— 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 another entity prescribed by regulation; and the relevant planning provisions apply with any other necessary changes. (sec.51AO-ssec.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. (sec.51AO-ssec.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— 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 section 81 (5) (a) of that Act does not apply for the assessment. (sec.51AO-ssec.4) In this section— relevant planning provisions means the following provisions— the Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than section 78A (1) or 82 ; the Planning Act , chapter 3 , part 5 , division 2 , subdivision 3 ; the Planning Act , chapter 3 , part 6 or 6A ; the Planning Act , section 229 ; the Planning Act , schedule 1 , section 1 , table 1, item 2; the development assessment rules under the Planning Act .