sec.54Copy of application to referral agency

### sec.54 Copy of application to referral agency An applicant for a development application must, within the period required under the development assessment rules, give a copy of the application and, subject to section 109 (b) , the required fee, to each referral agency. A referral agency , for a development application, is— the person prescribed by regulation as a referral agency for applications of that type; or if that person’s functions have been devolved or delegated to another person—the other person; or if the Minister has decided that a person is a referral agency under section 48 (7) —that person. For additional referral agencies for change applications, other than change applications for a minor change to a development approval, see also section 82A . However, if a person is the assessment manager for a development application, and would be a referral agency for the application because of subsection (2) — the person is not a referral agency for the application, but the person’s functions and powers as assessment manager include those the person would have had as a referral agency; and the person’s fee for the development application includes the fee under subsection (1) . Despite subsection (1) , the applicant need not give a copy of the application to a referral agency if— the applicant gave the assessment manager the referral agency’s response stated in section 57 (3) with the application; and the referral agency’s response states that— the referral agency does not require the applicant to give a copy to the agency; or the referral agency does not require the applicant to give a copy to the agency if stated conditions, including a time limit within which the application must be made, are satisfied; and any conditions stated in paragraph (b) (ii) are satisfied. The assessment manager may, if asked by the applicant, give a copy of the application to a referral agency for the applicant, for a fee of no more than the reasonable costs of doing so. s 54 amd 2019 No. 11 s 146 (sec.54-ssec.1) An applicant for a development application must, within the period required under the development assessment rules, give a copy of the application and, subject to section 109 (b) , the required fee, to each referral agency. (sec.54-ssec.2) A referral agency , for a development application, is— the person prescribed by regulation as a referral agency for applications of that type; or if that person’s functions have been devolved or delegated to another person—the other person; or if the Minister has decided that a person is a referral agency under section 48 (7) —that person. For additional referral agencies for change applications, other than change applications for a minor change to a development approval, see also section 82A . (sec.54-ssec.3) However, if a person is the assessment manager for a development application, and would be a referral agency for the application because of subsection (2) — the person is not a referral agency for the application, but the person’s functions and powers as assessment manager include those the person would have had as a referral agency; and the person’s fee for the development application includes the fee under subsection (1) . (sec.54-ssec.4) Despite subsection (1) , the applicant need not give a copy of the application to a referral agency if— the applicant gave the assessment manager the referral agency’s response stated in section 57 (3) with the application; and the referral agency’s response states that— the referral agency does not require the applicant to give a copy to the agency; or the referral agency does not require the applicant to give a copy to the agency if stated conditions, including a time limit within which the application must be made, are satisfied; and any conditions stated in paragraph (b) (ii) are satisfied. (sec.54-ssec.5) The assessment manager may, if asked by the applicant, give a copy of the application to a referral agency for the applicant, for a fee of no more than the reasonable costs of doing so. - (a) the person prescribed by regulation as a referral agency for applications of that type; or - (b) if that person’s functions have been devolved or delegated to another person—the other person; or - (c) if the Minister has decided that a person is a referral agency under section 48 (7) —that person. - (a) the person is not a referral agency for the application, but the person’s functions and powers as assessment manager include those the person would have had as a referral agency; and - (b) the person’s fee for the development application includes the fee under subsection (1) . - (a) the applicant gave the assessment manager the referral agency’s response stated in section 57 (3) with the application; and - (b) the referral agency’s response states that— (i) the referral agency does not require the applicant to give a copy to the agency; or (ii) the referral agency does not require the applicant to give a copy to the agency if stated conditions, including a time limit within which the application must be made, are satisfied; and - (i) the referral agency does not require the applicant to give a copy to the agency; or - (ii) the referral agency does not require the applicant to give a copy to the agency if stated conditions, including a time limit within which the application must be made, are satisfied; and - (c) any conditions stated in paragraph (b) (ii) are satisfied. - (i) the referral agency does not require the applicant to give a copy to the agency; or - (ii) the referral agency does not require the applicant to give a copy to the agency if stated conditions, including a time limit within which the application must be made, are satisfied; and