After section 43 of the Principal Act , the following Divisions are inserted in Part 3:

Division 2A - Combined permit and amendment process

43A.     Application for a permit when amendment requested

(1)  A person who requests a planning authority to amend a planning scheme may also request the planning authority to consider, in accordance with this Division, an application for a permit which would not be allowed if the planning scheme were not amended as requested.

(2)  Where a planning authority has decided to initiate an amendment under section 33(3) , it may consider the application for a permit under section 43A(1) concurrently with the preparation of the requested amendment to the planning scheme.

(3)  An application may be made for a permit under this section even if it could not be granted under the existing planning scheme.

43B.     Application of certain provisions to draft amendment

If the planning authority agrees to a request under section 43A , Division 2 of Part 3 , except sections 37 and 43 , applies to the amendment of the planning scheme referred to in section 43A(1) as if in section 38(a)(i) the words "within 3 weeks from the date on which notice is given by the Commission or such longer period as the Commission may allow" were omitted and the words "as soon as practicable after the date on which notice is given by the Commission" were substituted.

43C.     Applications referred to in section 43A

(1)  In determining an application referred to in section 43A , a planning authority –

(a) must seek to further the objectives set out in Schedule 1 ; and

(b) must take into consideration such of the prescribed matters as are relevant to the use or development the subject of the application.

(2)  If an undertaking is in respect of –

(a) a combination of uses; or

(b) a combination of developments; or

(c) a combination of one or more uses and one or more developments –

and under a planning scheme or special planning order any of those uses or developments requires a permit to be granted in respect of them, a person, in one application, may apply to the planning authority for a permit with respect to that undertaking.

(3)  The decision of a planning authority on an application referred to in section 43A or subsection (2) is to be made by reference to the provisions of the planning scheme or special planning order as in force at the date of its decision, as if the planning scheme or special planning order had been amended in accordance with the draft amendment which has been initiated by the planning authority in response to a request under section 43A .

(4)  A permit to which this section applies may be subject to such conditions or restrictions as the planning authority may impose.

43D.     What if applicant referred to in section 43A is not the owner?

(1)  If the applicant referred to in section 43A is not the owner of the land in respect of which a permit is required and a planning scheme or special planning order does not provide otherwise, an application is to –

(a) be signed by the owner of the land; or

(b) be accompanied by the written permission of the owner to the making of the application.

(2)  Subsection (1) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995 , if a mining lease has been issued under that Act which authorises those operations.

(3)  A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing.

Penalty:  Fine not exceeding 20 penalty units.

43E.     Additional information

(1)  A planning authority may, by notice in writing served on the applicant within the period of 28 days from the day on which it receives an application for a permit referred to in section 43A , require the applicant to provide it with additional information before it considers the application.

(2)  If the planning authority requires the applicant to provide it with additional information, the period referred to in section 33(3) or 36(1) , whichever is applicable, does not run while the request for information has not been answered to the satisfaction of the planning authority.

43F.     Procedure for determining an application for a permit under this Division

(1)  Before a draft amendment of a planning scheme referred to in section 43A is placed on public exhibition in accordance with section 38  –

(a) the planning authority must determine the application for the permit in accordance with section 43C(1) ; and

(b) the planning authority must –

(i) grant the permit unconditionally or subject to such conditions or restrictions as the planning authority may impose; or

(ii) notwithstanding section 43C(3) , refuse to grant the permit; and

(c) a decision under subsection (1)(b) is of no effect if the Commission refuses to certify the draft amendment referred to in section 43A in accordance with section 36(4)(b)(iii) .

(2)  Within 7 days of making its decision under subsection (1)(b) , the planning authority must forward to the Commission –

(a) a copy of the application for the permit and any documentation submitted with that application; and

(b) a copy of the planning authority's decision under subsection (1)(b) and, if a permit is granted, a copy of the permit.

(3)  When the planning authority advertises the exhibition of the draft amendment in accordance with section 38(a)(ii) , it must advertise the exhibition of the material referred to in subsection (2) .

(4)  When the planning authority and the Commission cause a copy of the draft amendment to be placed on public exhibition in accordance with section 38 , they must cause a copy of the material referred to in subsection (2) to be placed on public exhibition with the draft amendment for the same period as the draft amendment is on exhibition.

(5)  Where the material referred to in subsection (2) has been placed on public exhibition, any person may make representations to the planning authority in relation to the application for the permit and the planning authority's decision under subsection (1)(b) .

(6)  When the planning authority forwards to the Commission a report in accordance with section 39(2) , it must forward to the Commission –

(a) a copy of each representation received by the planning authority in relation to the application for the permit or the planning authority's decision under subsection (1)(b) , or where it has received no such representation, a statement to that effect; and

(b) a statement of its opinion as to the merit of each representation including, in particular, its views as to the need for modification of the planning authority's decision in the light of that representation; and

(c) such recommendations in relation to the planning authority's decision as the planning authority considers necessary.

(7)  Where the application for a permit referred to in section 43A has been referred to the Board of Environmental Management and Pollution Control under section 24 or 25 of the Environmental Management and Pollution Control Act 1994  –

(a) the planning authority must, not later than 7 days after the expiration of the exhibition period referred to in section 38 , forward copies of all representations received under subsection (5) to the Board of Environmental Management and Pollution Control; and

(b) the Board of Environmental Management and Pollution Control must, within 28 days of receiving the representations referred to in paragraph (a) , provide a report to the Commission containing –

(i) the information specified in subsection (6)(b) ; and

(ii) such recommendations in relation to the planning authority's decision as the Board considers necessary.

43G.     Consideration by Commission of planning authority's decision and relevant representations

(1)  When the Commission considers the draft amendment in accordance with section 40 , it must, at the same time, consider the representations, statements and recommendations referred to in section 43F .

(2)  Section 40 applies to representations, statements and recommendations referred to in subsection (1) as if they were representations, statements and recommendations referred to in that section.

43H.   Review of planning authority's decision referred to in section 43F

(1)  At the same time as the Commission makes its decision to reject or approve the draft amendment, it must –

(a) confirm the decision of the planning authority under section 43F(1) in relation to the permit; or

(b) if the planning authority's decision was to grant a permit –

(i) refuse the permit; or

(ii) modify or delete conditions or restrictions attached to the permit or add new conditions or restrictions to the permit; or

(c) if the planning authority's decision was to reject the permit, grant a permit subject to such conditions or restrictions as the Commission thinks necessary; or

(d) if the Commission's decision is to reject the draft amendment in accordance with section 41(b) , refuse the permit.

(2)  When the Commission makes its decision in relation to a permit under subsection (1) , the Commission must give notice in writing of its decision to –

(a) the planning authority; and

(b) the applicant for the permit; and

(c) if representations have been made in relation to the permit, to all persons who made such representations; and

(d) if the permit application has been referred to the Board of Environmental Management and Pollution Control under section 24 or section 25 of the Environmental Management and Pollution Control Act 1994 , the Board.

43I.     When does a permit referred to in section 43H take effect?

(1)  If the Commission makes a decision under section 43H(1) which confirms, or results in, a permit being granted, the permit takes effect on the date of the Commission's approval of the draft amendment under section 42 .

(2)  The day on which a permit takes effect may be specified in the permit as being a day later than the day on which the permit would otherwise have taken effect under subsection (1) .

(3)  Where any other approvals under this Act or any other Act are required for the proposed use or development to which the permit relates, the permit does not take effect until all those approvals have been granted.

(4)  A permit lapses after a period of 2 years from the date on which it was granted if the use or development in respect of which it was granted is not substantially commenced within that period.

(5)  If under a permit an agreement is required to be entered into, the permit does not take effect until the day the agreement is executed.

43J.     Correction of mistake in permits referred to in section 43H

A planning authority may correct a permit referred to in section 43H if the permit contains –

(a) a clerical mistake or an accidental omission; or

(b) an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the permit.

43K.     Minor amendment of permits referred to in section 43H

(1)  The owner of land, or a person with the consent of the owner, may request the planning authority in writing to amend a permit referred to in section 43H which applies to that land.

(2)  The planning authority may amend the permit if it is satisfied that the amendment –

(a) does not change the effect of any decision of the Commission under section 43H ; and

(b) will not cause an increase in detriment to any person; and

(c) does not change the use or development for which the permit was issued other than a minor change to the description of the use or development.

(3)  If the planning authority amends a permit referred to in section 43H , it must, by notice in writing served on –

(a) the person who requested the permit to be amended; and

(b) if that person is not the owner of the land, the owner; and

(c) the owner or occupier of any property which adjoins the land; and

(d) any person who made a representation under section 43F(5) in relation to the application for the permit –

notify those persons of the amendments made to the permit.

(4)  If the planning authority amends a permit referred to in section 43H containing a condition or restriction which the Board of Environmental Management and Pollution Control has required under section 25(5) of the Environmental Management and Pollution Control Act 1994 , the planning authority must, by notice in writing served on the Board, notify it of the amendments made to the permit.

43L.     Application of section 56A

Section 56A applies to an amendment of a permit referred to in section 43H .

43M.     Failure to comply with certain provisions

(1)  Where a planning authority fails to comply with a provision of section 43B or 43F within the period referred to in that provision –

(a) the Commission may assume the responsibilities and obligations of the planning authority under this Division in relation to the preparation of a draft amendment or the decision in relation to the permit; and

(b) the planning authority must pay to the Commission all costs incurred by the Commission in assuming the responsibilities and obligations referred to in paragraph (a) .

(2)  The failure to comply with a provision of this Division within the period referred to in that provision does not invalidate an amendment to a planning scheme approved by the Commission or a decision in relation to a permit under this Division.

Division 2B - Amendments to model framework for planning schemes

43N.     Interpretation

In this Division –

amend has the same meaning as in section 31 ;

model framework means the model framework issued by the Minister under section 19A .

43O.     Section 32 applies to amendments under this Division

Section 32 applies to an amendment made under this Division.

43P.     Minister may direct Commission to consider amendment

(1)  The Minister may direct the Commission to consider amending the model framework in a manner specified by the Minister.

(2)  If the Minister directs the Commission to consider amending the model framework under subsection (1) , subsections (4) , (5) , (6) and (7) of section 36 apply as if references in those subsections to the planning authority were references to the Minister.

43Q.     Public exhibition of draft amendment to model framework

(1)  If the Commission gives notice under section 36(4)(a) , (4)(b)(i) or (7) directing the public exhibition of the draft amendment –

(a) the Commission must direct all planning authorities to exhibit the draft amendment for such period and commencing on such date as the Commission may specify; and

(b) the Minister must advertise the public exhibition of the draft amendment in one or more daily newspapers circulating throughout the State.

(2)  The period referred to in subsection (1) must not be less than 21 days or more than 2 months.

(3)  The Commission must cause a copy of the draft amendment to be placed on public exhibition at its office for the period referred to in subsection (1) .

43R.     Representation in respect of draft amendment to model framework

(1)  Where a draft amendment to the model framework is placed on public exhibition in accordance with subsection (1) of section 43Q , representations in relation to that draft amendment may be submitted to the Minister or his or her nominee by any person before the expiration of the period referred to in that subsection.

(2)  The Minister must, not later than 35 days after the expiration of the period referred to in section 43Q(1) or such further period as the Commission allows, forward to the Commission a report comprising –

(a) a copy of each representation received by the Minister or his or her nominee in relation to the draft amendment or, where the Minister or his or her nominee has received no such representation, a statement to that effect; and

(b) a statement of the Minister's opinion as to the merit of each such representation, including, in particular, the Minister's views as to –

(i) the need for modification of the draft amendment in the light of that representation; and

(ii) the impact of that representation on the draft amendment as a whole; and

(c) such recommendations in relation to the draft amendment as the Minister considers necessary.

43S.     Consideration by Commission of draft amendment and relevant representations

As soon as practicable after receipt by it of a report under section 43R , the Commission must consider the draft amendment and the representations, statements and recommendations contained in the report and subsections (2) , (2A) , (2B) , (2C) and (3) of section 40 apply as if the reference in subsection (2A) to the planning authority were a reference to the Minister.

43T.     Application of certain provisions to amendment of model framework

(1)  Except as provided in subsection (2) , sections 41 , 41A , 41B , 42 and 43(2) apply to the amendment of the model framework as if a reference to the planning authority in sections 41 , 41A , 41B and 42 were a reference to the Minister.

(2)  Section 42(3)(c) applies to the amendment of the model framework as if the reference to the planning authority were a reference to the Minister and all planning authorities.

43U.   Planning authorities to implement amendment to model framework

(1)  Where the Commission has approved an amendment of the model framework, it must direct all planning authorities to amend their planning schemes to incorporate the amendment.

(2)  Where a planning authority amends its planning scheme pursuant to a direction from the Commission under subsection (1) , the amendment of the planning scheme is taken to have been approved by the Commission under section 42 .