sec.12ADeclaratory jurisdiction for other particular matters under Planning Act

sec.12A Declaratory jurisdiction for other particular matters under Planning Act

A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a social impact assessment report for a development application or change application if the person is— the applicant; or if a development approval has been given for the application—the holder of the approval; or the assessment manager or responsible entity for the application. A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a community benefit agreement if— the person is a party to the community benefit agreement; or the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement. A person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act , section 65AA (2) or (3) if the person is— the applicant for or holder of the development approval; or the assessment manager or responsible entity for the application for the development approval. Subsection (3) applies subject to section 11 (3) (b) . A proceeding started under this section is a declaratory proceeding . In this section— community benefit agreement see the Planning Act , section 106Y (1) . development requiring social impact assessment see the Planning Act , schedule 2 . responsible entity , for a change application, see the Planning Act , section 78A . social impact assessment report see the Planning Act , section 106V . s 12A ins 2025 No. 14 s 30 (sec.12A-ssec.1) A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a social impact assessment report for a development application or change application if the person is— the applicant; or if a development approval has been given for the application—the holder of the approval; or the assessment manager or responsible entity for the application. (sec.12A-ssec.2) A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a community benefit agreement if— the person is a party to the community benefit agreement; or the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement. (sec.12A-ssec.3) A person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act , section 65AA (2) or (3) if the person is— the applicant for or holder of the development approval; or the assessment manager or responsible entity for the application for the development approval. (sec.12A-ssec.4) Subsection (3) applies subject to section 11 (3) (b) . (sec.12A-ssec.5) A proceeding started under this section is a declaratory proceeding . (sec.12A-ssec.6) In this section— community benefit agreement see the Planning Act , section 106Y (1) . development requiring social impact assessment see the Planning Act , schedule 2 . responsible entity , for a change application, see the Planning Act , section 78A . social impact assessment report see the Planning Act , section 106V .