254Circumstances in which refund of fees required

254 Circumstances in which refund of fees required

254 Circumstances in which refund of fees required

(1) If a consent authority rejects an application, the consent authority must refund to the applicant the whole of the fee paid for the application.

(2) If a consent authority is paid a fee for giving notice of the following development, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice—

(a) designated development,

(b) nominated integrated development,

(c) threatened species development,

(d) Class 1 aquaculture development,

(e) prohibited development,

(f) other development for which a community participation plan requires notice to be given.

(3) If a consent authority is paid a fee for giving notice of a modification application, the consent authority must refund to the applicant any part of the fee that is not spent in giving the notice.

(4) If a consent authority is paid an additional fee for an application that is accompanied by a statement of a qualified designer, the consent authority must refund to the applicant the additional fee, if the development is not referred to a design review panel.

(5) Subsections (3) and (4) do not apply to fees paid in relation to—

(a) a development application for State significant development, or

(b) an application for approval of State significant infrastructure,