52What if applicant is not the owner?

52 What if applicant is not the owner?

(1)  [Section 52 Subsection (1) amended by No. 100 of 2001, s. 7, Applied:17 Dec 2001] [Section 52 Subsection (1) amended by No. 104 of 1995, s. 17 ][Section 52 Subsection (1) substituted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] If –

(a) the applicant for a permit is not the owner of the land in respect of which the permit is required; and

(b) the land is not –

(i) Crown land, within the meaning of the Crown Lands Act 1976 ; or

(ii) land owned by a council; or

(iii) land administered by the Crown or a council; and

(c) [Section 52 Subsection (1) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] the planning scheme does not provide otherwise –

the applicant must include in the application for the permit a declaration that the applicant has notified the owner of the intention to make the application.

(1A)  [Section 52 Subsection (1A) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (1A) inserted by No. 84 of 1997, s. 18, Applied:01 Jan 1998] Subsection (1) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995 , if a mining lease, or a production licence, has been issued under that Act which authorises those operations.

(1B)  [Section 52 Subsection (1B) amended by No. 47 of 2015, s. 16, Applied:17 Dec 2015] [Section 52 Subsection (1B) inserted by No. 49 of 2001, s. 26, Applied:16 Jul 2001] If land in respect of which an application for a permit is required is Crown land, within the meaning of the , is owned by a council or is administered or owned by the Crown or a council and a planning scheme does not provide otherwise, the application must –