sec.173When particular applications must be refused

### sec.173 When particular applications must be refused The administering authority must refuse an application if the applicant is not a registered suitable operator. Subsection (3) applies to a development application if, under section 115 , the application is taken to also be an application for an environmental authority and either of the following applies— the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to— refuse the application; or give any development approval only as a preliminary approval; the administering authority or planning chief executive is the assessment manager for the development application and decides to— refuse the application; or give a preliminary approval even though the development application sought a development permit. The administering authority must refuse the application for an environmental authority. This section applies despite sections 170 , 171 and 172 . In this section— preliminary approval means a preliminary approval under the Planning Act . s 173 ins 2000 No. 64 s 6 amd 2005 No. 42 s 52 sch 1 ; 2008 No. 52 s 19 sub 2012 No. 16 ss 7 – 8 amd 2014 No. 33 s 109 ; 2014 No. 40 s 102 ; 2016 No. 27 s 214 (sec.173-ssec.1) The administering authority must refuse an application if the applicant is not a registered suitable operator. (sec.173-ssec.2) Subsection (3) applies to a development application if, under section 115 , the application is taken to also be an application for an environmental authority and either of the following applies— the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to— refuse the application; or give any development approval only as a preliminary approval; the administering authority or planning chief executive is the assessment manager for the development application and decides to— refuse the application; or give a preliminary approval even though the development application sought a development permit. (sec.173-ssec.3) The administering authority must refuse the application for an environmental authority. (sec.173-ssec.4) This section applies despite sections 170 , 171 and 172 . (sec.173-ssec.5) In this section— preliminary approval means a preliminary approval under the Planning Act . - (a) the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to— (i) refuse the application; or (ii) give any development approval only as a preliminary approval; - (i) refuse the application; or - (ii) give any development approval only as a preliminary approval; - (b) the administering authority or planning chief executive is the assessment manager for the development application and decides to— (i) refuse the application; or (ii) give a preliminary approval even though the development application sought a development permit. - (i) refuse the application; or - (ii) give a preliminary approval even though the development application sought a development permit. - (i) refuse the application; or - (ii) give any development approval only as a preliminary approval; - (i) refuse the application; or - (ii) give a preliminary approval even though the development application sought a development permit.