60ZZZAADetermination as to whether, and the manner in which, proposed significant amendment may be assessed

60ZZZAA Determination as to whether, and the manner in which, proposed significant amendment may be assessed

[Section 60ZZZAA Inserted by No. 33 of 2022, s. 31, Applied:17 May 2023]

(1)  In this section –

altered use or development has the same meaning as in section 60ZZZ ;

amendment advice notice means an amendment advice notice received under section 60ZZZ(5) by the relevant decision-maker;

application has the same meaning as in section 60ZZZ ;

proposed significant amendment has the same meaning as in section 60ZZZ ;

significant amendment has the same meaning as in section 60ZZZ .

(2)  The relevant decision-maker, within 14 days after the day on which the period specified in section 60ZZZ(5) ends or a longer period allowed by the Minister, must, after considering each amendment advice notice in relation to an application –

(a) determine that –

(i) subsection (6) applies in relation to the application; or

(ii) subsection (7) applies in relation to the application; or

(b) determine that the application does not relate to a significant amendment and refuse the application accordingly; or

(c) refuse the application.

(3)  The relevant decision-maker must not determine under subsection (2) that subsection (7) applies in relation to an application unless each amendment advice notice given to the relevant decision-maker by a relevant regulator advises that, in the opinion of the relevant regulator, the assessment criteria do not require amendment in order for the relevant regulator to be able to appropriately assess in accordance with this Division the proposed significant amendment contained in the application.