sec.68Development assessment rules

### sec.68 Development assessment rules The Minister must make rules (the development assessment rules ) for the development assessment process, including rules about— how and when notification is to be carried out under section 53 , including re-notifying the application if— the applicant changes the application under section 52 ; and the notice under section 53 (1) has been given; and the change is not a minor change; and the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and the consideration of properly made submissions. Also, the development assessment rules may provide for— when a development application may be taken to be properly made for section 51 (6) ; or the effect on a development application of the expiry of a time limit under, or of a contravention of, the rules (the lapsing of the application, for example); or the revival of lapsed applications; or how and when a referral agency may change its response before a development application or change application is decided; or any matter in relation to part 5 , divisions 2 to 4 ; or the effect on a process under this chapter of taking action under the Native Title Act 1993 (Cwlth) , part 2 , division 3 . the effect, for section 52 , of different types of change on a development application the period for making referral agency’s responses, including when the responses may be made late matters to be considered when deciding whether a change to a development application or development approval would result in substantially different development matters to be considered when deciding if an action is a material change of use the periods for taking actions under the process the effect of not taking the actions within the periods provisions for information requests, and when and how the information can be sought Section 10 applies to making the development assessment rules as if the rules were a State planning policy. However, section 10 (6) applies as if a reference in section 10 (6) (a) (i) to the day when the instrument was made were a reference to the day the development assessment rules took effect. Also, the Minister must comply with section 10 (6) , as applied under subsection (4) , immediately after a regulation prescribes the development assessment rules. The development assessment rules do not have effect unless prescribed by regulation. However, the development assessment rules are not subordinate legislation. s 68 amd 2017 No. 12 s 36 ; 2024 No. 13 s 29 ; 2025 No. 14 s 86 sch 1 (sec.68-ssec.1) The Minister must make rules (the development assessment rules ) for the development assessment process, including rules about— how and when notification is to be carried out under section 53 , including re-notifying the application if— the applicant changes the application under section 52 ; and the notice under section 53 (1) has been given; and the change is not a minor change; and the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and the consideration of properly made submissions. (sec.68-ssec.2) Also, the development assessment rules may provide for— when a development application may be taken to be properly made for section 51 (6) ; or the effect on a development application of the expiry of a time limit under, or of a contravention of, the rules (the lapsing of the application, for example); or the revival of lapsed applications; or how and when a referral agency may change its response before a development application or change application is decided; or any matter in relation to part 5 , divisions 2 to 4 ; or the effect on a process under this chapter of taking action under the Native Title Act 1993 (Cwlth) , part 2 , division 3 . the effect, for section 52 , of different types of change on a development application the period for making referral agency’s responses, including when the responses may be made late matters to be considered when deciding whether a change to a development application or development approval would result in substantially different development matters to be considered when deciding if an action is a material change of use the periods for taking actions under the process the effect of not taking the actions within the periods provisions for information requests, and when and how the information can be sought (sec.68-ssec.3) Section 10 applies to making the development assessment rules as if the rules were a State planning policy. (sec.68-ssec.4) However, section 10 (6) applies as if a reference in section 10 (6) (a) (i) to the day when the instrument was made were a reference to the day the development assessment rules took effect. (sec.68-ssec.5) Also, the Minister must comply with section 10 (6) , as applied under subsection (4) , immediately after a regulation prescribes the development assessment rules. (sec.68-ssec.6) The development assessment rules do not have effect unless prescribed by regulation. (sec.68-ssec.7) However, the development assessment rules are not subordinate legislation. - (a) how and when notification is to be carried out under section 53 , including re-notifying the application if— (i) the applicant changes the application under section 52 ; and (ii) the notice under section 53 (1) has been given; and (iii) the change is not a minor change; and (iv) the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and (v) the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and - (i) the applicant changes the application under section 52 ; and - (ii) the notice under section 53 (1) has been given; and - (iii) the change is not a minor change; and - (iv) the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and - (v) the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and - (b) the consideration of properly made submissions. - (i) the applicant changes the application under section 52 ; and - (ii) the notice under section 53 (1) has been given; and - (iii) the change is not a minor change; and - (iv) the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and - (v) the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and - (a) when a development application may be taken to be properly made for section 51 (6) ; or - (b) the effect on a development application of the expiry of a time limit under, or of a contravention of, the rules (the lapsing of the application, for example); or - (c) the revival of lapsed applications; or - (d) how and when a referral agency may change its response before a development application or change application is decided; or - (e) any matter in relation to part 5 , divisions 2 to 4 ; or - (f) the effect on a process under this chapter of taking action under the Native Title Act 1993 (Cwlth) , part 2 , division 3 . - • the effect, for section 52 , of different types of change on a development application - • the period for making referral agency’s responses, including when the responses may be made late - • matters to be considered when deciding whether a change to a development application or development approval would result in substantially different development - • matters to be considered when deciding if an action is a material change of use - • the periods for taking actions under the process - • the effect of not taking the actions within the periods - • provisions for information requests, and when and how the information can be sought