PLANNING ACT 2016 - SECT 102 Seeking representations about proposed call in

PLANNING ACT 2016 - SECT 102

102 Seeking representations about proposed call in

(1) This section applies if the Minister proposes to call in an application.

(2) The Minister must give a notice (the
"proposed call in notice" ) seeking representations about the proposed call in to—

(a) the decision-maker; and

(b) the applicant; and

(c) each referral agency, other than the chief executive; and

(d) if the application is a development application or change application other than for a minor change—any submitters for the application who the Minister is aware of when the notice is given.

(3) A regulation may prescribe matters in relation to the giving of the notice, including—

(a) the contents of the notice; and

(b) when the notice must be given; and

(c) the effect of giving the notice on—

(i) the process for assessing and deciding the application; or

(ii) any appeal period in relation to the application; and

(d) the period (the
"representation period" ) within which a person may make representations about the proposed call in; and

(e) procedures for notifying persons of the Minister’s decision in relation to any representation.

(4) The Minister must consider any representations made during the representation period before deciding whether to call in the application.

(5) Any approval or deemed approval for the application is taken not to be in effect from the day the applicant receives the proposed call in notice until—

(a) if the Minister decides not to call in the application—the day the applicant receives notice of the Minister’s decision; or

(b) if the Minister decides to call in the application—the day the applicant receives a call in notice for the approval or deemed approval.

(6) The decision-maker must not cancel a development approval after the decision-maker receives the proposed call in notice, unless the Minister decides not to call in the application.