Planning and Environment Court Act 2016
sec.12Declaratory jurisdiction for particular matters under Planning Act , ch 3, pts 6 and 6A
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sec.12 Declaratory jurisdiction for particular matters under Planning Act , ch 3, pts 6 and 6A
This section applies to an assessment manager for a development application if— the application is the subject of a call in under the Planning Act ; and when the call in took place, the assessment manager had not decided, or had refused, the application. Also, this section applies to the assessment manager for a development application or proposed development application if— the application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and when the declaration took effect, the assessment manager had not decided, or had refused, the application. The assessment manager may start a proceeding (also a declaratory proceeding ) in the P&E Court for a declaration about a matter done, to be done or that should have been done in relation to the call in or declaration. s 12 amd 2024 No. 13 s 101 ; 2025 No. 14 s 29 (sec.12-ssec.1) This section applies to an assessment manager for a development application if— the application is the subject of a call in under the Planning Act ; and when the call in took place, the assessment manager had not decided, or had refused, the application. (sec.12-ssec.2) Also, this section applies to the assessment manager for a development application or proposed development application if— the application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and when the declaration took effect, the assessment manager had not decided, or had refused, the application. (sec.12-ssec.3) The assessment manager may start a proceeding (also a declaratory proceeding ) in the P&E Court for a declaration about a matter done, to be done or that should have been done in relation to the call in or declaration.
- (a) the application is the subject of a call in under the Planning Act ; and
- (b) when the call in took place, the assessment manager had not decided, or had refused, the application.
- (a) the application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and
- (b) when the declaration took effect, the assessment manager had not decided, or had refused, the application.