sec.64Deemed approval of applications

### sec.64 Deemed approval of applications This section applies to a development application if— the application requires only code assessment; and the assessment manager does not decide the application within the period, or extended period, allowed under the development assessment rules. However, this section does not apply to a development application— that includes a variation request; or if a referral agency directs the assessment manager— to give any development approval for only a stated part of the application; or to refuse the application; or that includes development for which the building assessment provisions are an assessment benchmark; or that is subject to a direction under section 95 (1) (b) , if the stated period for the application under that section has not ended. The applicant may, before the application is decided, give a notice (a deemed approval notice ), in the approved form, that states the application should be approved, to the assessment manager. The applicant must give a copy of the deemed approval notice to each person stated in section 63 (1) (b) to (d) for the application. On the day the assessment manager receives the deemed approval notice, the assessment manager is taken to have given an approval (a deemed approval ) to the applicant. The assessment manager may, within 10 business days after receiving the deemed approval notice, give the applicant a decision notice, in the approved form, in which the decision— approves the application; or approves the application subject to development conditions. The deemed approval is taken to be— to the extent a referral agency or the Minister has directed the approval be a preliminary approval—a preliminary approval; or otherwise—the type or types of approval applied for. The deemed approval is taken to include— any conditions that a referral agency’s response directed the assessment manager to impose; and any conditions that the Minister directed the assessment manager to impose under section 95 (1) (d) ; and any conditions that the chief executive directed the assessment manager to impose under section 106ZF (2) ; and if the assessment manager does not give a decision notice to the applicant under this section—the conditions (the standard conditions ) stated in an instrument made by the Minister for this section. Before making or amending the instrument mentioned in subsection (8) (d) , the Minister must consult with the persons the Minister considers appropriate. The Minister must notify the making or amendment of the instrument mentioned in subsection (8) (d) in the gazette. s 64 amd 2017 No. 12 s 35 ; 2025 No. 14 s 13 (sec.64-ssec.1) This section applies to a development application if— the application requires only code assessment; and the assessment manager does not decide the application within the period, or extended period, allowed under the development assessment rules. (sec.64-ssec.2) However, this section does not apply to a development application— that includes a variation request; or if a referral agency directs the assessment manager— to give any development approval for only a stated part of the application; or to refuse the application; or that includes development for which the building assessment provisions are an assessment benchmark; or that is subject to a direction under section 95 (1) (b) , if the stated period for the application under that section has not ended. (sec.64-ssec.3) The applicant may, before the application is decided, give a notice (a deemed approval notice ), in the approved form, that states the application should be approved, to the assessment manager. (sec.64-ssec.4) The applicant must give a copy of the deemed approval notice to each person stated in section 63 (1) (b) to (d) for the application. (sec.64-ssec.5) On the day the assessment manager receives the deemed approval notice, the assessment manager is taken to have given an approval (a deemed approval ) to the applicant. (sec.64-ssec.6) The assessment manager may, within 10 business days after receiving the deemed approval notice, give the applicant a decision notice, in the approved form, in which the decision— approves the application; or approves the application subject to development conditions. (sec.64-ssec.7) The deemed approval is taken to be— to the extent a referral agency or the Minister has directed the approval be a preliminary approval—a preliminary approval; or otherwise—the type or types of approval applied for. (sec.64-ssec.8) The deemed approval is taken to include— any conditions that a referral agency’s response directed the assessment manager to impose; and any conditions that the Minister directed the assessment manager to impose under section 95 (1) (d) ; and any conditions that the chief executive directed the assessment manager to impose under section 106ZF (2) ; and if the assessment manager does not give a decision notice to the applicant under this section—the conditions (the standard conditions ) stated in an instrument made by the Minister for this section. (sec.64-ssec.9) Before making or amending the instrument mentioned in subsection (8) (d) , the Minister must consult with the persons the Minister considers appropriate. (sec.64-ssec.10) The Minister must notify the making or amendment of the instrument mentioned in subsection (8) (d) in the gazette. - (a) the application requires only code assessment; and - (b) the assessment manager does not decide the application within the period, or extended period, allowed under the development assessment rules. - (a) that includes a variation request; or - (b) if a referral agency directs the assessment manager— (i) to give any development approval for only a stated part of the application; or (ii) to refuse the application; or - (i) to give any development approval for only a stated part of the application; or - (ii) to refuse the application; or - (c) that includes development for which the building assessment provisions are an assessment benchmark; or - (d) that is subject to a direction under section 95 (1) (b) , if the stated period for the application under that section has not ended. - (i) to give any development approval for only a stated part of the application; or - (ii) to refuse the application; or - (a) approves the application; or - (b) approves the application subject to development conditions. - (a) to the extent a referral agency or the Minister has directed the approval be a preliminary approval—a preliminary approval; or - (b) otherwise—the type or types of approval applied for. - (a) any conditions that a referral agency’s response directed the assessment manager to impose; and - (b) any conditions that the Minister directed the assessment manager to impose under section 95 (1) (d) ; and - (c) any conditions that the chief executive directed the assessment manager to impose under section 106ZF (2) ; and - (d) if the assessment manager does not give a decision notice to the applicant under this section—the conditions (the standard conditions ) stated in an instrument made by the Minister for this section.