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STATUTES AMENDMENT (ANTI-FORTIFICATION) ACT 2003 (NO 46 OF 2003) - SECT 7

STATUTES AMENDMENT (ANTI-FORTIFICATION) ACT 2003 (NO 46 OF 2003) - SECT 7

7—Insertion of section 37A

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.