60Timing of determination of compliance with certain permit conditions

### 60 Timing of determination of compliance with certain permit conditions > [*\[Section 60 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998\]*](/view/html/inforce/1998-01-01/act-1997-085#JS4@Ja5@GC33@EN) *\[Section 60 Subsection (1) amended by No. 104 of 1995, s. 23 and s. 35 and Sched. 1 \]**\[Section 60 Subsection (2) substituted by No. 104 of 1995, s. 23 \]**\[Section 60 Subsection (2A) inserted by No. 104 of 1995, s. 23 \]**\[Section 60 Subsection (3) substituted by No. 104 of 1995, s. 23 \]*[*\[Section 60 Repealed by No. 49 of 2001, s. 32, Applied:16 Jul 2001\]*](/view/html/inforce/2001-07-16/act-2001-049#GS32@EN) > > > (1)  In this section – > > > > > ***regulatory authority*** means – > > > > > > > > (a) a regulated entity, within the meaning of the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) , or an employee of, or person acting on behalf of, a regulated entity; and > > > > > > > > > (b) the holder of a licence under the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) authorising the operation of a transmission system, or of a distribution network, each within the meaning of that Act, or an employee of, or person acting on behalf of, the holder of such a licence; and > > > > > > > > > (c) [*\[Section 60 Subsection (1) amended by No. 33 of 2022, s. 4, Applied:17 May 2023\]*](/view/html/inforce/2023-05-17/act-2022-033#GS4@EN) the holder of a pipeline licence, within the meaning of the [Gas Industry Act 2019](/view/html/inforce/2026-04-12/act-2019-001) , or an employee of, or person acting on behalf of, the holder of such a licence; and > > > > > > > > > (d) the Heritage Council, within the meaning of the [Historic Cultural Heritage Act 1995](/view/html/inforce/2026-04-12/act-1995-117) ; and > > > > > > > > > (e) the holder of a prescribed office, or a prescribed body, that is established by, or has functions under, an Act; and > > > > > > > > > (f) the holder of a statutory office under an Act; > > > > > ***relevant documents***, in relation to a condition of a permit, means the plans, information, designs, or other documents, required, under the condition, to be prepared and provided to a planning authority; > > > > > ***relevant information***, in relation to a condition of a permit, means information to the effect that works, required to be carried out in order to comply with the condition, have been completed. > > > (2)  If a person to whom a permit is granted provides to the planning authority all the relevant documents, or the relevant information, in relation to a condition of the permit, the planning authority, within 20 business days, must, by notice in writing to the person, advise the person as to whether or not the planning authority is satisfied that the condition has been complied with. > > > (3)  A planning authority, within 15 business days after receiving, from a person to whom a permit is granted, all the relevant documents, or the relevant information, in relation to a condition of the permit may, by notice in writing to the person – > > > > > > (a) advise the person that the information provided to the planning authority is incomplete or inadequate; and > > > > > > > (b) request the person to provide to the planning authority further information reasonably required to assist the planning authority to determine whether the condition has been complied with. > > > (4)  If a planning authority receives further information from a person further to a notice given to the person under [subsection (3)](#GS60@Gs3@EN) or this subsection in relation to information, the planning authority must, within 8 business days after receiving the information, by notice in writing to the person – > > > > > > (a) advise the person that the information provided is satisfactory; or > > > > > > > (b) request the person to provide to the planning authority further information reasonably required to assist the planning authority to determine whether the condition has been complied with. > > > (5)  The period of 20 business days referred to in [subsection (2)](#GS60@Gs2@EN) does not run in relation to a permit during the period – > > > > > > (a) beginning on the day on which the planning authority gives to a person a notice under [subsection (3)](#GS60@Gs3@EN) or [subsection (4)](#GS60@Gs4@EN) in relation to the permit; and > > > > > > > (b) ending on the day on which the planning authority advises the person in a notice under [subsection (4)](#GS60@Gs4@EN) that the information provided in response to the notice under [subsection (3)](#GS60@Gs3@EN) or [subsection (4)](#GS60@Gs4@EN) , respectively, is satisfactory. > > > (6)  A planning authority, within 5 business days after receiving from a person to whom a permit is granted a relevant document, or relevant information, in relation to a condition that is imposed on the permit in accordance with the advice of, or on the recommendation of, a regulatory authority, may, by notice in writing to the regulatory authority, request the regulatory authority to advise the planning authority within 10 business days as to whether or not the regulatory authority is of the opinion that the condition has been complied with. > > > (7)  A regulatory authority, within 10 business days after the day on which it receives a notice under [subsection (6)](#GS60@Gs6@EN) in relation to a condition of a permit, is, by notice in writing to the planning authority, to advise the planning authority as to whether or not the regulatory authority is of the opinion that the condition has been complied with. > > > (8)  A regulatory authority, within 8 business days after it receives – > > > > > > (a) a notice under [subsection (6)](#GS60@Gs6@EN) in relation to a condition of a permit; or > > > > > > > (b) further information under [subsection (9)](#GS60@Gs9@EN) in relation to a condition of a permit – > > > > may advise the planning authority, by notice in writing, that the regulatory authority requires further information in order to determine whether or not the regulatory authority is of the opinion that the condition has been complied with. > > > (9)  A planning authority – > > > > > > (a) within 2 business days after receiving from a regulatory authority a notice under [subsection (8)](#GS60@Gs8@EN) in relation to a condition of a permit granted to a person, is, by notice in writing to the person, to request the person to provide to the planning authority the information specified in the notice, being the information specified in the notice to the planning authority under [subsection (8)](#GS60@Gs8@EN) ; and > > > > > > > (b) within 5 business days after receiving from a person information specified in a notice to the person under [paragraph (a)](#GS60@Gs9@Hpa@EN) , is to provide the information to the regulatory authority. > > > (10)  A planning authority, within 5 business days after receiving under [subsection (7)](#GS60@Gs7@EN) advice from a regulatory authority that the regulatory authority is of the opinion that a condition of a permit granted to a person has, or has not, been complied with, is to give to the person notice in writing of the opinion of the regulatory authority. > > > (11)  The period of 10 business days referred to in [subsection (7)](#GS60@Gs7@EN) does not run in relation to a permit during the period – > > > > > > (a) beginning on the day on which a regulatory authority gives to the planning authority a notice under [subsection (8)](#GS60@Gs8@EN) in relation to the permit; and > > > > > > > (b) ending on the day on which the regulatory authority receives further information sufficient to enable the regulatory authority to determine whether or not the regulatory authority is of the opinion that the condition has been complied with. > > > (12)  The period of 20 business days referred to in [subsection (2)](#GS60@Gs2@EN) does not run in relation to a permit during the period – > > > > > > (a) beginning on the day on which the planning authority gives to a regulatory authority a notice under [subsection (6)](#GS60@Gs6@EN) ; and > > > > > > > (b) ending on the day on which the planning authority receives under [subsection (7)](#GS60@Gs7@EN) from the regulatory authority advice in relation to the condition of the permit.