84Effect of approval decision granting the applicable approvals for a declared project

84 Effect of approval decision granting the applicable approvals for a declared project

(1) An approval decision granting any of the applicable approvals necessary for a declared project to be developed, where that decision relates to a particular applicable approval, is to be taken to be a decision of the applicable law decision maker granting the applicable approval under the relevant applicable law—

(a) despite anything to the contrary in that applicable law; and

(b) even if—

(i) no application was made under the applicable law for the particular applicable approval; or

(ii) the process specified under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not complied with; or

(iii) a fee required in respect of an application under the relevant applicable law for the making of the applicable law decision for the particular applicable approval was not paid.

S. 84(1A) inserted by No. 49/2013 s. 43.

(1A) Subsection (1)(b)(iii) does not apply in the case of a fee payable under section 51(2).

(2) Subject to subsection (3), an applicable approval to which this section applies may be varied, amended or revoked by the relevant applicable law decision maker in accordance with the relevant applicable law under which that approval operates—

(a) only on the application of the project authority for the declared project to which the applicable approval applies; and

(b) with the written consent of the Planning Minister.

S. 84(3) amended by No. 39/2018 s. 41(22).

(3) In the case of an applicable approval that is a development licence, a condition to which the approval is subject may be amended, or a new condition may be inserted into the development licence, by the EPA by notice—

(a) given to the project authority for the declared project to which the approval relates; and

(b) published in the Government Gazette.

S. 84(4) amended by No. 39/2018 s. 41(23).

(4) A amendment, or insertion, of a condition under subsection (3) is to be taken to be an amendment of the development licence under section 58 of the Environment Protection Act 2017.

(5) Subsections (2) and (3) apply despite anything to the contrary in an applicable law.

Subdivision 3—Planning scheme amendments