51Permits

51 Permits

(1)  [Section 51 Subsection (1) amended by No. 21 of 2020, s. 8, Applied:28 Oct 2020] [Section 51 Subsection (1) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (1) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] *[Section 51 Subsection (1) substituted by No. 104 of 1995, s. 16 ]*A person must not commence any use or development which, under the provisions of a planning scheme, requires a permit unless the planning authority which administers the scheme, the Commission, or the Tribunal, has granted a permit in respect of that use or development and the permit is in effect or a major project permit has been granted in respect of that use or development and the permit is in effect.

(1A)  [Section 51 Subsection (1A) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] [Section 51 Subsection (1A) amended by No. 47 of 2015, s. 15, Applied:17 Dec 2015] *[Section 51 Subsection (1A) inserted by No. 104 of 1995, s. 16 ]*A person may apply to a planning authority which administers a planning scheme for the granting of a permit for a use or development which under that scheme requires a permit to be granted in respect of that use or development.

(1AA)  [Section 51 Subsection (1AA) inserted by No. 24 of 2014, s. 40, Applied:01 Jan 2015] An application is to be in a form, if any, approved by the Commission.

(1AB)  [Section 51 Subsection (1AB) inserted by No. 26 of 2007, s. 16, Applied:01 Aug 2007] A planning authority must not refuse to accept a valid application for a permit, unless the application does not include a declaration that the applicant has –

(a) notified the owner of the intention to make the application; or

(b) obtained the written permission of the owner under section 52 .

(1AC)  For the purposes of , a valid application is an application that contains all relevant information required by the planning scheme applying to the land that is the subject of the application.