Land Use Planning and Approvals Amendment Act 2013
23Section 58 amended (Application for other permits)
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23 Section 58 amended (Application for other permits)
Section 58 of the Principal Act is amended by inserting after subsection (3) the following subsections:
(4) If a privately certified application in relation to a use or development is made to a planning authority –
(a) the applicant is only required to pay to the planning authority half of the amount of any fee that would otherwise be payable under this Act, or the Local Government Act 1993 , in relation to the application or the grant of a permit pursuant to the application; and
(b) a reference in subsection (2) to a period is to be taken, in relation to the application, including for the purposes of any other provision of this Act, to be a reference to a period of 10 days; and
(c) the planning authority is to consider whether the use or development to which the application relates meets the requirements of the planning scheme, or special planning order, to which the application relates; and
(d) if the planning authority considers that the use or development does not meet the requirements of the planning scheme, or special planning order, to which the application relates, the planning authority must refuse the permit and notify the applicant of that refusal within 7 days after the application is received.
(5) If a privately certified application in relation to a use or development is made to a planning authority, the planning authority –
(a) is not required, in relation to the use or development, to comply with section 56O of the Water and Sewerage Industry Act 2008 ; and
(b) in determining whether to impose conditions on a permit granted in relation to the use or development, must take into account any submissions made under section 50C(4) in relation to the use or development; and
(c) must impose on a permit granted in relation to the use or development any condition that is specified in a submission made under section 50C(4) in relation to the use or development as being required to be imposed on the use or development; and