sec.228Assessment level decision for amendment application

### sec.228 Assessment level decision for amendment application The administering authority must, after receiving an amendment application, decide whether the proposed amendment is a major or minor amendment— if the administering authority gives the applicant a notice under section 227AAB (2) —within 10 business days after the applicant gives the administering authority the notice mentioned in section 227AAB (2) (d) ; or otherwise—within 10 business days after receiving the amendment application. Despite section 223 , definition minor amendment (PRCP threshold) , paragraphs (e) and (f) , the administering authority may decide under subsection (1) that a proposed amendment changing the order of at least 2 of the days when rehabilitation of land to a stable condition will be achieved is a minor amendment if the administering authority is satisfied the applicant has— undertaken adequate consultation with the community in relation to the proposed amendment; and adequately addressed any matters raised by the community during consultation. The decision under subsection (1) is the assessment level decision for the application. If the assessment level decision is that the amendment is a major amendment, the applicant must pay an assessment fee prescribed by regulation. s 228 prev s 228 exp 1 March 1996 (see ss 224, 228) pres s 228 ins 2000 No. 64 s 6 amd 2004 No. 53 s 2 sch ; 2008 No. 52 s 23 sub 2012 No. 16 ss 7 – 8 amd 2014 No. 59 s 120 ; 2018 No. 30 s 147 ; 2020 No. 26 s 38 (sec.228-ssec.1) The administering authority must, after receiving an amendment application, decide whether the proposed amendment is a major or minor amendment— if the administering authority gives the applicant a notice under section 227AAB (2) —within 10 business days after the applicant gives the administering authority the notice mentioned in section 227AAB (2) (d) ; or otherwise—within 10 business days after receiving the amendment application. (sec.228-ssec.2) Despite section 223 , definition minor amendment (PRCP threshold) , paragraphs (e) and (f) , the administering authority may decide under subsection (1) that a proposed amendment changing the order of at least 2 of the days when rehabilitation of land to a stable condition will be achieved is a minor amendment if the administering authority is satisfied the applicant has— undertaken adequate consultation with the community in relation to the proposed amendment; and adequately addressed any matters raised by the community during consultation. (sec.228-ssec.3) The decision under subsection (1) is the assessment level decision for the application. (sec.228-ssec.4) If the assessment level decision is that the amendment is a major amendment, the applicant must pay an assessment fee prescribed by regulation. - (a) if the administering authority gives the applicant a notice under section 227AAB (2) —within 10 business days after the applicant gives the administering authority the notice mentioned in section 227AAB (2) (d) ; or - (b) otherwise—within 10 business days after receiving the amendment application. - (a) undertaken adequate consultation with the community in relation to the proposed amendment; and - (b) adequately addressed any matters raised by the community during consultation.