sec.84Cancellation applications

### sec.84 Cancellation applications A person may make an application (a cancellation application ) to cancel a development approval, unless— the development has started; and there are unfulfilled or ongoing obligations under the approval relating to— the development already carried out; or the conduct or management of uses started, or works carried out, under the approval; and An obligation under a development condition about— operating hours, traffic management or waste management restoring or rehabilitating the land or a building the obligations have not been superseded under another development approval, or authority, under this or another Act. A cancellation application must be made to the assessment manager for the development application. For the making of a cancellation application for a development approval that was a PDA development approval, see also the Economic Development Act 2012 , section 51AP . The application must be accompanied by— the required fee, subject to section 109 (b) ; and the written consent of— if the applicant is not the owner of the premises—the owner of the premises; and if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and if the premises are subject to an easement in favour of a public utility—the public utility. On receiving an application that complies with this section, the assessment manager must— cancel the development approval; and give notice of the cancellation to— the applicant; and each referral agency; and if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and for an approval given or changed under an order of the P&E Court—the court; and for an approval given or changed under a call in provision—the Minister; and for an approval given or changed by the chief executive under part 6A —the chief executive. The assessment manager and any referral agency must release any monetary security for the development approval held by the assessment manager or referral agency. s 84 amd 2019 No. 11 s 160 ; 2024 No. 13 s 69 (sec.84-ssec.1) A person may make an application (a cancellation application ) to cancel a development approval, unless— the development has started; and there are unfulfilled or ongoing obligations under the approval relating to— the development already carried out; or the conduct or management of uses started, or works carried out, under the approval; and An obligation under a development condition about— operating hours, traffic management or waste management restoring or rehabilitating the land or a building the obligations have not been superseded under another development approval, or authority, under this or another Act. (sec.84-ssec.2) A cancellation application must be made to the assessment manager for the development application. For the making of a cancellation application for a development approval that was a PDA development approval, see also the Economic Development Act 2012 , section 51AP . (sec.84-ssec.3) The application must be accompanied by— the required fee, subject to section 109 (b) ; and the written consent of— if the applicant is not the owner of the premises—the owner of the premises; and if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and if the premises are subject to an easement in favour of a public utility—the public utility. (sec.84-ssec.4) On receiving an application that complies with this section, the assessment manager must— cancel the development approval; and give notice of the cancellation to— the applicant; and each referral agency; and if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and for an approval given or changed under an order of the P&E Court—the court; and for an approval given or changed under a call in provision—the Minister; and for an approval given or changed by the chief executive under part 6A —the chief executive. (sec.84-ssec.5) The assessment manager and any referral agency must release any monetary security for the development approval held by the assessment manager or referral agency. - (a) the development has started; and - (b) there are unfulfilled or ongoing obligations under the approval relating to— (i) the development already carried out; or (ii) the conduct or management of uses started, or works carried out, under the approval; and Examples of paragraph (b) — An obligation under a development condition about— • operating hours, traffic management or waste management • restoring or rehabilitating the land or a building - (i) the development already carried out; or - (ii) the conduct or management of uses started, or works carried out, under the approval; and - • operating hours, traffic management or waste management - • restoring or rehabilitating the land or a building - (c) the obligations have not been superseded under another development approval, or authority, under this or another Act. - (i) the development already carried out; or - (ii) the conduct or management of uses started, or works carried out, under the approval; and - • operating hours, traffic management or waste management - • restoring or rehabilitating the land or a building - (a) the required fee, subject to section 109 (b) ; and - (b) the written consent of— (i) if the applicant is not the owner of the premises—the owner of the premises; and (ii) if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and (iii) if the premises are subject to an easement in favour of a public utility—the public utility. - (i) if the applicant is not the owner of the premises—the owner of the premises; and - (ii) if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and - (iii) if the premises are subject to an easement in favour of a public utility—the public utility. - (i) if the applicant is not the owner of the premises—the owner of the premises; and - (ii) if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and - (iii) if the premises are subject to an easement in favour of a public utility—the public utility. - (a) cancel the development approval; and - (b) give notice of the cancellation to— (i) the applicant; and (ii) each referral agency; and (iii) if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and (iv) for an approval given or changed under an order of the P&E Court—the court; and (v) for an approval given or changed under a call in provision—the Minister; and (vi) for an approval given or changed by the chief executive under part 6A —the chief executive. - (i) the applicant; and - (ii) each referral agency; and - (iii) if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and - (iv) for an approval given or changed under an order of the P&E Court—the court; and - (v) for an approval given or changed under a call in provision—the Minister; and - (vi) for an approval given or changed by the chief executive under part 6A —the chief executive. - (i) the applicant; and - (ii) each referral agency; and - (iii) if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and - (iv) for an approval given or changed under an order of the P&E Court—the court; and - (v) for an approval given or changed under a call in provision—the Minister; and - (vi) for an approval given or changed by the chief executive under part 6A —the chief executive.