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Land Use Planning and Approvals Amendment Act 2013
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Turn the raw legal text into a practical explanation grounded in Land Use Planning and Approvals Amendment Act 2013.
(1) In this section –
application means an application under section 50B(1) ;
operations has the same meaning as in the Water and Sewerage Industry Act 2008 ;
regulated entity has the same meaning as in the Water and Sewerage Industry Act 2008 ;
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;
sewerage infrastructure has the same meaning as in the Water and Sewerage Industry Act 2008 ;
works has the same meaning as in the Water and Sewerage Industry Act 2008 .
(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 Water and Sewerage Industry Act 2008 .
(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.