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Planning Act 2016
sec.95Directions to decision-makers—current applications
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### sec.95 Directions to decision-makers—current applications
The Minister may, by gazette notice, direct a decision-maker to do any of the following in relation to an undecided application—
to exercise one of the decision-maker’s functions, within a stated reasonable period;
not to decide the application, within a stated period of at least 20 business days;
to decide the application, within a stated period of at least 20 business days;
for a development application for which a deemed approval has not taken effect under section 64 —
to impose stated development conditions on any development approval given; or
to give a preliminary approval for all or part of the application;
for change representations or a change application—to impose, or amend, stated development conditions on the development approval.
For subsection (1) (b) —
a direction not to decide an application must state that the Minister may, within the stated period, call in the application or give a further direction; and
the Minister may not call in the application after the stated period ends.
The Minister must give a copy of the direction to—
the decision-maker; and
the applicant; and
for an application other than change representations—each referral agency other than the chief executive.
If a direction not to decide an application is given—
the process for administering the application stops when the direction is given; and
the balance of the process restarts on the day after—
the stated period ends; or
if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.
(sec.95-ssec.1) The Minister may, by gazette notice, direct a decision-maker to do any of the following in relation to an undecided application— to exercise one of the decision-maker’s functions, within a stated reasonable period; not to decide the application, within a stated period of at least 20 business days; to decide the application, within a stated period of at least 20 business days; for a development application for which a deemed approval has not taken effect under section 64 — to impose stated development conditions on any development approval given; or to give a preliminary approval for all or part of the application; for change representations or a change application—to impose, or amend, stated development conditions on the development approval.
(sec.95-ssec.2) For subsection (1) (b) — a direction not to decide an application must state that the Minister may, within the stated period, call in the application or give a further direction; and the Minister may not call in the application after the stated period ends.
(sec.95-ssec.3) The Minister must give a copy of the direction to— the decision-maker; and the applicant; and for an application other than change representations—each referral agency other than the chief executive.
(sec.95-ssec.4) If a direction not to decide an application is given— the process for administering the application stops when the direction is given; and the balance of the process restarts on the day after— the stated period ends; or if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.
- (a) to exercise one of the decision-maker’s functions, within a stated reasonable period;
- (b) not to decide the application, within a stated period of at least 20 business days;
- (c) to decide the application, within a stated period of at least 20 business days;
- (d) for a development application for which a deemed approval has not taken effect under section 64 — (i) to impose stated development conditions on any development approval given; or (ii) to give a preliminary approval for all or part of the application;
- (i) to impose stated development conditions on any development approval given; or
- (ii) to give a preliminary approval for all or part of the application;
- (e) for change representations or a change application—to impose, or amend, stated development conditions on the development approval.
- (i) to impose stated development conditions on any development approval given; or
- (ii) to give a preliminary approval for all or part of the application;
- (a) a direction not to decide an application must state that the Minister may, within the stated period, call in the application or give a further direction; and
- (b) the Minister may not call in the application after the stated period ends.
- (a) the decision-maker; and
- (b) the applicant; and
- (c) for an application other than change representations—each referral agency other than the chief executive.
- (a) the process for administering the application stops when the direction is given; and
- (b) the balance of the process restarts on the day after— (i) the stated period ends; or (ii) if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.
- (i) the stated period ends; or
- (ii) if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.
- (i) the stated period ends; or
- (ii) if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.