sec.51Making development applications

### sec.51 Making development applications A development application must be— made in the approved form to the assessment manager; and accompanied by— the documents required under the form to be attached to, or given with, the application; and the required fee. The application must be accompanied by the written consent of the owner of the premises to the application, to the extent— the applicant is not the owner; and the application is for— a material change of use of premises or reconfiguring a lot; or works on premises that are below high-water mark and are outside a canal; and the premises are not excluded premises. If, under the Environmental Protection Act , section 115 , a development application is taken to be an application for an environmental authority, the development application must comply with section 125 (1) (c) to (3) of that Act as if— a reference to the application were a reference to a development application; and a reference to the applicant were a reference to an applicant for a development application. If a development application is for development requiring social impact assessment, the application must be accompanied by— a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application. An assessment manager— must accept an application that the assessment manager is satisfied complies with subsections (1) to (4) ; and must not accept an application unless the assessment manager is satisfied the application complies with subsections (2) to (4) ; and may accept an application that does not comply with subsection (1) (a) or (b) (i) ; and may accept an application that does not comply with subsection (1) (b) (ii) to the extent the required fee has been waived under section 109 (b) . A development application that complies with subsections (1) to (4) , or that the assessment manager accepts under subsection (5) (c) or (d) , is a properly made application . s 51 amd 2025 No. 14 s 10 (sec.51-ssec.1) A development application must be— made in the approved form to the assessment manager; and accompanied by— the documents required under the form to be attached to, or given with, the application; and the required fee. (sec.51-ssec.2) The application must be accompanied by the written consent of the owner of the premises to the application, to the extent— the applicant is not the owner; and the application is for— a material change of use of premises or reconfiguring a lot; or works on premises that are below high-water mark and are outside a canal; and the premises are not excluded premises. (sec.51-ssec.3) If, under the Environmental Protection Act , section 115 , a development application is taken to be an application for an environmental authority, the development application must comply with section 125 (1) (c) to (3) of that Act as if— a reference to the application were a reference to a development application; and a reference to the applicant were a reference to an applicant for a development application. (sec.51-ssec.4) If a development application is for development requiring social impact assessment, the application must be accompanied by— a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application. (sec.51-ssec.5) An assessment manager— must accept an application that the assessment manager is satisfied complies with subsections (1) to (4) ; and must not accept an application unless the assessment manager is satisfied the application complies with subsections (2) to (4) ; and may accept an application that does not comply with subsection (1) (a) or (b) (i) ; and may accept an application that does not comply with subsection (1) (b) (ii) to the extent the required fee has been waived under section 109 (b) . (sec.51-ssec.6) A development application that complies with subsections (1) to (4) , or that the assessment manager accepts under subsection (5) (c) or (d) , is a properly made application . - (a) made in the approved form to the assessment manager; and - (b) accompanied by— (i) the documents required under the form to be attached to, or given with, the application; and (ii) the required fee. - (i) the documents required under the form to be attached to, or given with, the application; and - (ii) the required fee. - (i) the documents required under the form to be attached to, or given with, the application; and - (ii) the required fee. - (a) the applicant is not the owner; and - (b) the application is for— (i) a material change of use of premises or reconfiguring a lot; or (ii) works on premises that are below high-water mark and are outside a canal; and - (i) a material change of use of premises or reconfiguring a lot; or - (ii) works on premises that are below high-water mark and are outside a canal; and - (c) the premises are not excluded premises. - (i) a material change of use of premises or reconfiguring a lot; or - (ii) works on premises that are below high-water mark and are outside a canal; and - (a) a reference to the application were a reference to a development application; and - (b) a reference to the applicant were a reference to an applicant for a development application. - (a) a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and - (b) each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application. - (a) must accept an application that the assessment manager is satisfied complies with subsections (1) to (4) ; and - (b) must not accept an application unless the assessment manager is satisfied the application complies with subsections (2) to (4) ; and - (c) may accept an application that does not comply with subsection (1) (a) or (b) (i) ; and - (d) may accept an application that does not comply with subsection (1) (b) (ii) to the extent the required fee has been waived under section 109 (b) .