Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016
60Minister may refer certain applications to another planning authority
Start here
Get a plain-English read of 60
Turn the raw legal text into a practical explanation grounded in Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016.
60 Minister may refer certain applications to another planning authority
(1) Unless the contrary intention appears, an expression used in this section has the same meaning in this section as it has in the Land Use Planning and Approvals Act 1993 .
(2) If an application is made by a council under section 51(1A) of the Land Use Planning and Approvals Act 1993 for a permit in relation to an area of land that is corridor land or adjoining land and the council is the planning authority in relation to the area of land –
(a) the planning authority must, as soon as practicable, notify the Minister; and
(b) the Minister may, by notice to the planning authority and another council, declare that the other council is to be taken to be the planning authority for the purposes of determining the application in relation to the area of land.
(3) If a council is specified in a notice under subsection (2)(b) to be the planning authority for the purposes of determining an application in relation to an area of land, the council is to be taken to be the planning authority –
(a) to which the application is made; and
(b) in relation to the area of land; and
(c) in relation to the planning scheme that applies in relation to the area of land –
for the relevant purposes in relation to the application.
(4) For the purposes of subsection (3) , the relevant purposes in relation to the application are –
(a) the purposes of performing and exercising, in relation to the application and the request, the functions, duties and powers of a planning authority under the Land Use Planning and Approvals Act 1993 ; and
(b) the purposes of any appeal made under that Act in respect of a determination, by the planning authority, of the application –
but such purposes do not include, except as required under , the performance or exercise of any functions, duties or powers of a planning authority in relation to a permit granted in relation to the application.