Planning Regulation 2017
sec.51DEffect of notice of proposed declaration on appeal period
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sec.51D Effect of notice of proposed declaration on appeal period
This section applies if— the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and the notice is given after the decision-maker for the relevant application decides the application. The appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again— if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends. s 51D ins 2024 SL No. 123 s 16 (sec.51D-ssec.1) This section applies if— the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and the notice is given after the decision-maker for the relevant application decides the application. (sec.51D-ssec.2) The appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again— if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.
- (a) the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and
- (b) the notice is given after the decision-maker for the relevant application decides the application.
- (a) if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or
- (b) if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.