15Effect of declarations as regards permitted planning applications

15 Effect of declarations as regards permitted planning applications

(1)  If application is made for a permit for a permitted development wholly or partly within a rail planning corridor –

(a) the relevant planning authority must give the Minister notice of the application and, subject to the time constraints of section 58(2) of the Land Use Planning and Approvals Act 1993 , at least 14 days in which to advise the planning authority on the proposed development; and

(b) the Minister may, within that period, give the planning authority such advice on the application as the Minister thinks fit and in so doing may recommend that the permit be granted subject to rail network safeguards specified in the advice.

(2)  If the Minister gives such advice, the planning authority –

(a) may have regard to the advice in determining the application; and

(b) may, without limiting its discretion, grant the permit subject to any rail network safeguards recommended by the Minister (with or without modification).

(3)  If the planning authority decides to grant the permit subject to rail network safeguards and the applicant lodges an appeal against that decision –

(a) the planning authority must give the Minister notice of the appeal; and

(b) [Section 15 Subsection (3) amended by No. 18 of 2021, s. 329, Applied:05 Nov 2021] [Section 15 Subsection (3) amended by No. 18 of 2021, s. 329, Applied:05 Nov 2021] the Minister is, for the purposes of clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020 , taken to be a person whose interests are affected by the decision.