33Variation of lease or change of intention

33 Variation of lease or change of intention (1) This section applies if, after a qualifying development application has been made for an eligible parcel of land— (a) a variation of the lease changes the maximum development for commercial purposes permitted by the lease of the parcel; or (b) the applicant’s intention changes about— (i) the parts of the intended development to be used for residential purposes; and (ii) the parts of the intended development to be used for commercial purposes. (2) Within 2 weeks after the day the variation or change of intention happens, the applicant must give written notice of the variation or change to the commissioner. (3) The commissioner may, in writing, ask the applicant to give the commissioner any information or documents that the commissioner reasonably needs about the variation or change of intention. (4) The applicant must comply with a request within 2 weeks after the day the applicant receives it or, if the commissioner allows a longer period, the longer period.

(5) The applicant commits an offence if the applicant contravenes subsection (2). Maximum penalty: 50 penalty units. (6) An offence against subsection (5) is a strict liability offence. (7) Subsection (2) does not apply to the applicant if a notice of a kind mentioned in section 36 (2) or section 37 (2) has been given for the parcel by the applicant.