50A.Certifiable schemes and orders and certifiable permitted uses and developments
(1) The regulations may prescribe –
(a) a planning scheme, or special planning order, to be a certifiable scheme or order; and
(b) a use or development, referred to in a certifiable scheme or order, to be a certifiable permitted use or development in relation to the land.
(2) The regulations may only prescribe a use or development specified in a planning scheme, or special planning order, to be a certifiable permitted use or development in relation to land if the use or development is a use or development in relation to which, under the planning scheme, or special planning order, a person to whom an application for a permit in relation to the use or development is made is bound to grant a permit either unconditionally or subject to conditions or restrictions.
50B.Permitted use or development certificates
(1) A person may apply to a planning certifier, in a form approved by the Commission, for the issue of a permitted use or development certificate in relation to a certifiable permitted use or development.
(2) A planning certifier who receives from a person an application under subsection (1) in relation to a use or development may –
(a) if the planning certifier is satisfied that the use or development is a certifiable permitted use or development, issue a permitted use or development certificate in relation to the use or development; or
(b) if the planning certifier is not satisfied that the use or development is a certifiable permitted use or development, by notice to the person, refuse to issue a permitted use or development certificate in relation to the use or development.
(3) A person must not obtain or attempt to obtain a permitted use or development certificate by wilfully making or causing to be made any false representation, or declaration, either orally or in writing.
Penalty: Fine not exceeding 20 penalty units.
50C.Permitted use or development certificates if water or sewerage supply implications
relevant regulated entity, in relation to an application, means the regulated entity in relation to which an occupier or owner of the building or land to which the application relates is, or is likely to become, a customer in relation to the building or land;
(2) If a planning certifier receives an application in relation to any use or development that would –
(a) increase the demand for water supplied by the relevant regulated entity; or
(b) increase the amount of sewage or toxins that is to be removed by, or discharged into, the relevant regulated entity's sewerage infrastructure; or
(c) damage or interfere with the relevant regulated entity's works; or
(d) adversely affect the relevant regulated entity's operations –
the planning certifier must give the relevant regulated entity notice of the application, unless subsection (3) applies in relation to the application.
(3) This subsection applies in relation to an application if –
(a) the planning certifier refuses under section 50B(2) to issue a permitted use or development certificate in respect of the use or development to which the application relates; or
(b) the application is one that, if it were an application for a permit made to a planning authority, would be exempted by regulations made for the purposes of section 56O of the .
50D.Water and sewerage certificates
(1) A planning certifier may issue a water and sewerage certificate in relation to a certifiable permitted use or development.
(2) A water and sewerage certificate in relation to a certifiable permitted use or development is a certificate, in a form approved by the Commission, that is issued by a planning certifier and that states that –
(a) the use or development is not a use or development to which, in the opinion of the planning certifier, section 50C(2) applies; or
(b) a submission has been made under section 50C(4) in relation to the use or development; or
(c) a notice in relation to the use or development has been given by the planning certifier under section 50C(2) and the planning certifier is entitled to make an assumption under section 50C(6) in relation to the use or development.
(1C) An application that relates only to a certifiable permitted use or development may be accompanied by –
(a) a permitted use or development certificate in relation to the use or development; and
(b) a water and sewerage certificate in relation to the use or development.
(1D) If an application is accompanied by a water and sewerage certificate in relation to a certifiable permitted use or development, the certificate is to be accompanied by –
(a) a copy of all submissions made under section 50C(4) in relation to the use or development; or
(b) if the planning certifier who issued the water and sewerage certificate is entitled to make an assumption under section 50C(6) in relation to the use or development, a copy of the notice under section 50C(2) given to the regulated entity in relation to the use or development.
(4) The relevant regulated entity may make submissions to the planning certifier in respect of a use or development to which applies a notice under subsection (2) given by the planning certifier.
(5) A submission under subsection (4) by a relevant regulated entity to a planning certifier, in respect of a use or development to which a notice under subsection (2) applies, may include a submission that –
(a) the regulated entity does not object to the issue of a permitted use or development certificate in relation to the use or development; or
(b) the regulated entity does not object to the issue of a permitted use or development certificate in relation to the use or development if the certificate is subject to conditions specified by the regulated entity.
(6) The planning certifier may assume that the relevant regulated entity has no submissions to make in relation to an application to which a notice under subsection (2) applies if no such submissions are received by the planning certifier –
(a) within 14 days after the notice was given to the relevant regulated entity; or
(b) within a further period that the planning certifier allows.
(7) Despite subsection (6) , the planning certifier must allow a reasonable further period if the certifier receives notice under subsection (8) or (9) that the regulated entity requires additional information.
(8) A regulated entity may, by notice in writing served on a planning certifier within the period of 7 days from the day on which the regulated entity receives a notice under subsection (2) , request the planning certifier to provide it with additional information before it considers the application.
(9) The regulated entity must, within 7 days from the date it receives the additional information under subsection (8) , notify the planning certifier if the request for information has not been answered to its satisfaction and in that notification require the planning certifier to provide it with the additional information.
(10) If the period referred to in subsection (8) or (9) includes any days on which the office of the planning certifier is closed during normal business hours in that part of the State where the land subject to the application is situated, that period is to be extended by the number of those days.