51AFees payable for application

51A Fees payable for application

[Section 51A Inserted by No. 16 of 2020, s. 6, Applied:30 Nov 2020]

(1)  In this section –

relevant legislative instrument means –

(a) this Act or the Local Government Act 1993 ; or

(b) a regulation made under this Act or a by-law or regulation made under the Local Government Act 1993 ;

valid application for a permit means an application for a permit that is, in accordance with section 51(1AC) , a valid application for a permit for the purposes of section 51(1AB) .

(2)  Despite section 86 , a planning authority is not entitled –

(a) to refuse to take an action in relation to determining whether or not an application for a permit is valid; or

(b) to refuse to accept a valid application for a permit –

on the ground that a fee, under a relevant legislative instrument, for an application for a permit has not been paid, unless –

(c) the planning authority has, before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit, demanded the payment of the fee; and

(d) the fee has not been paid within the 21-day period after the day on which the demand is made.

(3)  If –

(a) the planning authority has demanded payment of a fee, under a relevant legislative instrument, for an application for a permit before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit; and

(b) the fee has been paid within the 21-day period after the day on which the demand is made –

the application, if it is a valid application, is taken for the purposes of this Act to have been received on the day on which the fee is paid.