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Planning Act 2016
sec.56Referral agency’s response
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### sec.56 Referral agency’s response
After assessing the development application, the referral agency must decide—
to tell the assessment manager that the agency has no requirements for the application; or
to direct the assessment manager to do any or all of the following—
to give any development approval subject to stated development conditions;
to give any development approval for only a stated part of the application;
to give any development approval only as a preliminary approval;
to impose a stated currency period for a development approval given; or
to direct the assessment manager to refuse the application for stated reasons.
For a development application for development requiring social impact assessment, see also section 106ZI .
However, to the extent the application is a variation request, the referral agency must, instead of a decision under subsection (1) , decide—
to tell the assessment manager that the agency has no requirements for the variation request; or
to direct the assessment manager to do any or all of the following—
to approve only some of the variations sought;
subject to section 61 (3) —to approve different variations from those sought; or
to direct the assessment manager to refuse the variation request.
The referral agency may give advice about the application to the assessment manager.
The referral agency must give a notice (a referral agency’s response ) about the referral agency’s decision to—
the applicant; and
the assessment manager.
A regulation may limit the powers of a referral agency (to the power to only give advice, for example).
If—
the referral agency is—
the chief executive; or
an entity prescribed by regulation; and
to the extent the referral agency’s assessment involves development other than development prescribed by regulation;
the referral agency must publish a notice about the referral agency’s decision on the referral agency’s website.
The notice must state—
a description of the development to which the referral agency’s assessment relates; and
a description of the matters under section 55 (2) that the referral agency assessed the development against, and had regard to; and
the reasons for the referral agency’s decision; and
any matter prescribed by regulation.
s 56 amd 2025 No. 14 s 86 sch 1
(sec.56-ssec.1) After assessing the development application, the referral agency must decide— to tell the assessment manager that the agency has no requirements for the application; or to direct the assessment manager to do any or all of the following— to give any development approval subject to stated development conditions; to give any development approval for only a stated part of the application; to give any development approval only as a preliminary approval; to impose a stated currency period for a development approval given; or to direct the assessment manager to refuse the application for stated reasons. For a development application for development requiring social impact assessment, see also section 106ZI .
(sec.56-ssec.2) However, to the extent the application is a variation request, the referral agency must, instead of a decision under subsection (1) , decide— to tell the assessment manager that the agency has no requirements for the variation request; or to direct the assessment manager to do any or all of the following— to approve only some of the variations sought; subject to section 61 (3) —to approve different variations from those sought; or to direct the assessment manager to refuse the variation request.
(sec.56-ssec.3) The referral agency may give advice about the application to the assessment manager.
(sec.56-ssec.4) The referral agency must give a notice (a referral agency’s response ) about the referral agency’s decision to— the applicant; and the assessment manager.
(sec.56-ssec.5) A regulation may limit the powers of a referral agency (to the power to only give advice, for example).
(sec.56-ssec.6) If— the referral agency is— the chief executive; or an entity prescribed by regulation; and to the extent the referral agency’s assessment involves development other than development prescribed by regulation; the referral agency must publish a notice about the referral agency’s decision on the referral agency’s website.
(sec.56-ssec.7) The notice must state— a description of the development to which the referral agency’s assessment relates; and a description of the matters under section 55 (2) that the referral agency assessed the development against, and had regard to; and the reasons for the referral agency’s decision; and any matter prescribed by regulation.
- (a) to tell the assessment manager that the agency has no requirements for the application; or
- (b) to direct the assessment manager to do any or all of the following— (i) to give any development approval subject to stated development conditions; (ii) to give any development approval for only a stated part of the application; (iii) to give any development approval only as a preliminary approval; (iv) to impose a stated currency period for a development approval given; or
- (i) to give any development approval subject to stated development conditions;
- (ii) to give any development approval for only a stated part of the application;
- (iii) to give any development approval only as a preliminary approval;
- (iv) to impose a stated currency period for a development approval given; or
- (c) to direct the assessment manager to refuse the application for stated reasons.
- (i) to give any development approval subject to stated development conditions;
- (ii) to give any development approval for only a stated part of the application;
- (iii) to give any development approval only as a preliminary approval;
- (iv) to impose a stated currency period for a development approval given; or
- (a) to tell the assessment manager that the agency has no requirements for the variation request; or
- (b) to direct the assessment manager to do any or all of the following— (i) to approve only some of the variations sought; (ii) subject to section 61 (3) —to approve different variations from those sought; or
- (i) to approve only some of the variations sought;
- (ii) subject to section 61 (3) —to approve different variations from those sought; or
- (c) to direct the assessment manager to refuse the variation request.
- (i) to approve only some of the variations sought;
- (ii) subject to section 61 (3) —to approve different variations from those sought; or
- (a) the applicant; and
- (b) the assessment manager.
- (a) the referral agency is— (i) the chief executive; or (ii) an entity prescribed by regulation; and
- (i) the chief executive; or
- (ii) an entity prescribed by regulation; and
- (b) to the extent the referral agency’s assessment involves development other than development prescribed by regulation;
- (i) the chief executive; or
- (ii) an entity prescribed by regulation; and
- (a) a description of the development to which the referral agency’s assessment relates; and
- (b) a description of the matters under section 55 (2) that the referral agency assessed the development against, and had regard to; and
- (c) the reasons for the referral agency’s decision; and
- (d) any matter prescribed by regulation.