51Effect, on discretionary development applications, of declarations

51 Effect, on discretionary development applications, of declarations

(1)  If an application is made under the Land Use Planning and Approvals Act 1993 for a permit for a discretionary development that is wholly or partly within a gas infrastructure planning corridor –

(a) a planning authority in whose council area is situated in whole or in part the gas infrastructure planning corridor must, when notice of the application is given under section 57 of the Land Use Planning and Approvals Act 1993 , refer the application to the gas infrastructure licensee; and

(b) the gas infrastructure licensee may, within the period in which, under section 57(5) of the Land Use Planning and Approvals Act 1993 , representations may be made in relation to the application –

(i) give the planning authority the advice, in relation to the application, that the gas infrastructure licensee thinks fit; and

(ii) recommend in that advice that a permit granted in relation to the application should be subject to safety conditions specified in the advice.

(2)  If the gas infrastructure licensee does not give advice under subsection (1) in relation to an application, the planning authority may determine the application without further reference to the gas infrastructure licensee.

(3)  If the gas infrastructure licensee gives advice under subsection (1) in relation to an application –

(a) the planning authority is to have regard to the advice in determining the application; and

(b) the advice is taken to be a representation made under section 57(5) of the Land Use Planning and Approvals Act 1993 in relation to the application; and

(c) the planning authority may, without limiting its discretion in the event that it approves the application but subject to , grant the permit under the subject to any safety condition recommended by the gas infrastructure licensee (with or without modification); and