sch.22-sec.5Documents assessment manager must keep available for inspection and purchase

sch.22-sec.5 Documents assessment manager must keep available for inspection and purchase

An assessment manager must, for each development application and change application, other than a change application for a minor change, made to the assessment manager, keep available for inspection and purchase— the application and any supporting material for the application; and any request made by the assessment manager to the applicant for extra information about the application and any response to the request; and any referral agency’s response for the application; and any properly made submission about the application. If the assessment manager is a prescribed assessment manager, the assessment manager must also keep the following documents available for inspection and purchase— for each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act , schedule 2 ; any direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3 , part 6 , division 2 of the Act ; any call in notice or proposed call in notice given to the assessment manager; any notice of a proposed declaration given to the assessment manager under section 106C (2) of the Act ; a declaration notice given to the assessment manager under section 106E (a) of the Act ; a copy of a notice given to the assessment manager under section 106ZF (3) (b) of the Act ; each decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice; each decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager; each notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager; each deemed approval notice given to the assessment manager; each decision notice on a change application given to the assessment manager under section 83 (1) of the Act ; each agreement the assessment manager or a referral agency is a party to about a development condition of a development approval; each show cause notice and enforcement notice given by the assessment manager as an enforcement authority; each notice given by the assessment manager withdrawing a show cause notice or enforcement notice; each enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority. The documents stated in subsection (1) must be kept available for inspection and purchase from when the assessment manager receives the development application or change application until— the application is withdrawn or lapses; or otherwise—the end of the last period during which an appeal may be made against a decision on the application. The obligation under subsection (2) (a) applies only until— if the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen— the building’s demolition or removal; the end of 10 years from when the approval was given; or if the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal. The obligation under subsection (2) (c) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application. The obligation under subsection (2) (ca) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration. sch 22 s 5 amd 2024 SL No. 123 s 23 ; 2025 SL No. 80 s 18 (sch.22-sec.5-ssec.1) An assessment manager must, for each development application and change application, other than a change application for a minor change, made to the assessment manager, keep available for inspection and purchase— the application and any supporting material for the application; and any request made by the assessment manager to the applicant for extra information about the application and any response to the request; and any referral agency’s response for the application; and any properly made submission about the application. (sch.22-sec.5-ssec.2) If the assessment manager is a prescribed assessment manager, the assessment manager must also keep the following documents available for inspection and purchase— for each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act , schedule 2 ; any direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3 , part 6 , division 2 of the Act ; any call in notice or proposed call in notice given to the assessment manager; any notice of a proposed declaration given to the assessment manager under section 106C (2) of the Act ; a declaration notice given to the assessment manager under section 106E (a) of the Act ; a copy of a notice given to the assessment manager under section 106ZF (3) (b) of the Act ; each decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice; each decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager; each notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager; each deemed approval notice given to the assessment manager; each decision notice on a change application given to the assessment manager under section 83 (1) of the Act ; each agreement the assessment manager or a referral agency is a party to about a development condition of a development approval; each show cause notice and enforcement notice given by the assessment manager as an enforcement authority; each notice given by the assessment manager withdrawing a show cause notice or enforcement notice; each enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority. (sch.22-sec.5-ssec.3) The documents stated in subsection (1) must be kept available for inspection and purchase from when the assessment manager receives the development application or change application until— the application is withdrawn or lapses; or otherwise—the end of the last period during which an appeal may be made against a decision on the application. (sch.22-sec.5-ssec.4) The obligation under subsection (2) (a) applies only until— if the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen— the building’s demolition or removal; the end of 10 years from when the approval was given; or if the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal. (sch.22-sec.5-ssec.5) The obligation under subsection (2) (c) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application. (sch.22-sec.5-ssec.6) The obligation under subsection (2) (ca) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration.