56AAFees for amendment of permits under section 56

56AA Fees for amendment of permits under section 56

[Section 56AA Inserted by No. 16 of 2020, s. 9, 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 .

(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 under section 56 for an amendment of a permit is valid; or

(b) to refuse to accept a valid application under section 56 for an amendment of the permit –

on the ground that a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 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 an amendment of 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 an amendment of a permit under section 56 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 amendment of 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 for an amendment of a permit, is taken for the purposes of this Act to have been received on the day on which the fee is paid.