PLANNING ACT 2016 - SECT 80 Notifying affected entities of change applications for minor changes

PLANNING ACT 2016 - SECT 80

80 Notifying affected entities of change applications for minor changes

(1) A person who proposes to make a change application for a minor change to a development approval must give notice of the proposal, and the details of the change, to the following entities (each an
"affected entity" )—

(a) if the assessment manager would be the responsible entity for the change application if it were made—a referral agency for the development approval other than the chief executive;

(b) if a referral agency would be the responsible entity for the change application if it were made—

(i) the assessment manager; and

(ii) another referral agency for the development approval other than the chief executive;

(c) if the P&E Court would be the responsible entity for the change application if it were made—

(i) the assessment manager; and

(ii) a referral agency for the development approval;

(d) if the Minister would be the responsible entity for the change application if it were made—

(i) the assessment manager; and

(ii) a referral agency for the development approval other than the chief executive;

(e) another person prescribed by regulation.

(2) An affected entity for the change application may give the person a notice (a
"pre-request response notice" ) that states—

(a) whether the affected entity objects to the change; and

(b) the reasons for any objection.

(3) If the applicant for a change application for a minor change has not received a pre-request response notice from an affected entity for the application, the applicant must give a copy of the application to the affected entity as soon as practicable after the applicant gives the application to the responsible entity.

(4) An affected entity must, within 15 business days after receiving a copy of a change application for a minor change, give the responsible entity and the applicant a notice (a
"response notice" ) that states—

(a) the affected entity has no objection to the change; or

(b) the affected entity objects to the change and the reasons for the objection.

(5) If the affected entity does not do so, the responsible entity must decide the application as if the affected entity had given a response notice stating the affected entity had no objection to the change.