(1) When assessing an extension application, the assessment manager may
consider any matter that the assessment manager considers relevant, even if
the matter was not relevant to assessing the development application.
Note—
For the assessment and deciding of an extension application for a development
approval that was a PDA development approval, see also the
Economic Development Act 2012, section 51AL .
(2) The assessment manager
must, within 20 business days after receiving the extension application,
decide whether to—
(a) give or refuse the extension sought; or
(b) extend
the currency period for a period that is different from the extension sought.
(3) The assessment manager and the applicant may agree to extend the 20
business day period.
(4) The assessment manager may decide the extension
application even if the development approval was given because of an order of
the P&E Court.
(5) The assessment manager must, within 5 business days after
deciding the extension application, give a decision notice to—
(a) the
applicant; and
(b) any referral agency; and
(c) if the assessment manager
was a chosen assessment manager—the prescribed assessment manager; and
(e) if the development approval was given because
of an order of the P&E Court—the P&E Court; and
(f) if the development
application for the development approval was called in—the Minister.
(6) If
a decision notice is given to the P&E Court, the P&E Court must attach the
notice to the court’s file for the court’s order.
(7) Despite section 85, the development approval lapses—
(a) if the extension application is
approved—at the end of the extended period; or
(b) if the extension
application is refused and the applicant does not appeal—when the last of
the following happens—
(i) the day notice is given under subsection (5) ;
(ii) the end of the currency period; or
(c) if the extension application is
refused, the applicant does appeal and the appeal is dismissed or
withdrawn—when the last of the following happens—
(i) the day the appeal
is dismissed or withdrawn;
(ii) the end of the currency period; or
(d) if
the extension application is refused, the applicant does appeal, and the
appeal is allowed—at the end of the extended period decided by the court.
(8) If the applicant does appeal, the applicant may not start or carry on
development until the appeal is decided, unless allowed by an order of the P&E
Court.