Planning Regulation 2017
sec.51IPre-existing applications subject to Ministerial call in or direction
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sec.51I Pre-existing applications subject to Ministerial call in or direction
This section applies if— before 18 July 2025, the pre-existing application was called in; or before 18 July 2025— the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and the stated period had not ended. The process for administering the pre-existing application— stops on the commencement of section 51F (a) and (b) ; and restarts on the day the applicant gives the decision-maker for the application— a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and if, under paragraph (a) , the process stops during the decision period—restarts from the start of the decision period. In this section— decision-maker means— if subsection (1) (a) applies—the Minister; or if subsection (1) (b) applies and the pre-existing application is a development application—the assessment manager; or if subsection (1) (b) applies and the pre-existing application is a change application—the responsible entity. decision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application. s 51I ins 2025 SL No. 80 s 12 amd 2025 SL No. 163 s 9 (sec.51I-ssec.1) This section applies if— before 18 July 2025, the pre-existing application was called in; or before 18 July 2025— the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and the stated period had not ended. (sec.51I-ssec.2) The process for administering the pre-existing application— stops on the commencement of section 51F (a) and (b) ; and restarts on the day the applicant gives the decision-maker for the application— a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and if, under paragraph (a) , the process stops during the decision period—restarts from the start of the decision period. (sec.51I-ssec.3) In this section— decision-maker means— if subsection (1) (a) applies—the Minister; or if subsection (1) (b) applies and the pre-existing application is a development application—the assessment manager; or if subsection (1) (b) applies and the pre-existing application is a change application—the responsible entity. decision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application.