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Planning Act 2016
sec.99Directions to referral agency
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### sec.99 Directions to referral agency
The Minister may, before or after the end of the period for a referral agency to assess an application, direct the referral agency—
to reissue the referral agency’s response—
if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or
if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or
if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or
if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period.
At the same time as the Minister gives the direction to the referral agency, the Minister must give a copy of the direction to—
the applicant; and
any other referral agency; and
the decision-maker.
s 99 amd 2025 No. 14 s 20
(sec.99-ssec.1) The Minister may, before or after the end of the period for a referral agency to assess an application, direct the referral agency— to reissue the referral agency’s response— if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period.
(sec.99-ssec.2) At the same time as the Minister gives the direction to the referral agency, the Minister must give a copy of the direction to— the applicant; and any other referral agency; and the decision-maker.
- (a) to reissue the referral agency’s response— (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or
- (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or
- (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or
- (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or
- (b) if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period.
- (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or
- (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or
- (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or
- (a) the applicant; and
- (b) any other referral agency; and
- (c) the decision-maker.