STATUTES AMENDMENT (ANTI-FORTIFICATION) ACT 2003 (NO 46 OF 2003) - SECT 7
STATUTES AMENDMENT (ANTI-FORTIFICATION) ACT 2003 (NO 46 OF 2003) - SECT 7
After section 37 insert:
37A—Proposed development involving creation of fortifications
(1) If a relevant
authority has reason to believe that a proposed development may involve the
creation of fortifications, the authority must refer the application for
consent to, or approval of, the proposed development to the
Commissioner of Police (the "Commissioner").
(2) Subject to
subsection (3), the Commissioner must, as soon as possible after receipt of a
referral under subsection (1)—
(a)
assess the application to determine whether or not the proposed development
involves the creation of fortifications; and
(b)
advise the relevant authority in writing of the Commissioner's determination.
(3) The Commissioner
may, before making a determination under this section, request the applicant
to provide such additional documents or information (including calculations
and technical details) as the Commissioner may reasonably require to assess
the application.
(4) If a request is
made under subsection (3)—
(a) the
Commissioner may specify a time within which the request must be complied
with; and
(b) the
Commissioner may, if he or she thinks fit, grant an extension of the time
specified under paragraph (a).
(5) If the
Commissioner determines that the proposed development involves the creation of
fortifications, the relevant authority must—
(a) if
the proposed development consists only of the creation of
fortifications—refuse the application; or
(b) in
any other case—impose conditions in respect of any consent to or
approval of the proposed development prohibiting the creation of the
fortifications.
(6) If a relevant
authority acting on the basis of a determination of the Commissioner under
subsection (2) refuses an application or imposes conditions in respect of a
development authorisation, the relevant authority must notify the applicant
that the application was refused, or the conditions imposed, on the basis of a
determination of the Commissioner under this section.
(7) If a refusal or
condition referred to in subsection (5) is the subject of an appeal under this
Act—
(a) the
Commissioner will be the respondent to the appeal; and
(b) the
relevant authority may, if the Court permits, be joined as a party to the
appeal.