Land Use Planning and Approvals Amendment Act 2013

4.   

The amendments effected by this section have been incorporated into the authorised version of the Building Act 2000 .

5.   

The amendment effected by this section has been incorporated into the authorised version of the Building Act 2000 .

6.   

The amendment effected by this section has been incorporated into the authorised version of the Building Act 2000 .

7.   

The amendment effected by this section has been incorporated into the authorised version of the Building Act 2000 .

8.   

The amendment effected by this section has been incorporated into the authorised version of the Building Act 2000 .

9.   

The amendment effected by this section has been incorporated into the authorised version of the Building Act 2000 .

11.   

The amendments effected by this section have been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

12.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

13.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

14.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

15.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

16.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

17.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

18.   

The amendments effected by this section have been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

19.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

20.    Sections 50A , 50B , 50C and 50D inserted

After section 50 of the Principal Act , the following sections are inserted in Division 2:

50A.   Certifiable schemes and orders and certifiable permitted uses and developments

(1)  The regulations may prescribe –

(a) a planning scheme, or special planning order, to be a certifiable scheme or order; and

(b) a use or development, referred to in a certifiable scheme or order, to be a certifiable permitted use or development in relation to the land.

(2)  The regulations may only prescribe a use or development specified in a planning scheme, or special planning order, to be a certifiable permitted use or development in relation to land if the use or development is a use or development in relation to which, under the planning scheme, or special planning order, a person to whom an application for a permit in relation to the use or development is made is bound to grant a permit either unconditionally or subject to conditions or restrictions.

50B.   Permitted use or development certificates

(1)  A person may apply to a planning certifier, in a form approved by the Commission, for the issue of a permitted use or development certificate in relation to a certifiable permitted use or development.

(2)  A planning certifier who receives from a person an application under subsection (1) in relation to a use or development may –

(a) if the planning certifier is satisfied that the use or development is a certifiable permitted use or development, issue a permitted use or development certificate in relation to the use or development; or

(b) if the planning certifier is not satisfied that the use or development is a certifiable permitted use or development, by notice to the person, refuse to issue a permitted use or development certificate in relation to the use or development.

(3)  A person must not obtain or attempt to obtain a permitted use or development certificate 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.

50C.   Permitted use or development certificates if water or sewerage supply implications

(1)  In this section –

application means an application under section 50B(1) ;

operations has the same meaning as in the Water and Sewerage Industry Act 2008 ;

regulated entity has the same meaning as in the Water and Sewerage Industry Act 2008 ;

relevant regulated entity, in relation to an application, means the regulated entity in relation to which an occupier or owner of the building or land to which the application relates is, or is likely to become, a customer in relation to the building or land;

sewerage infrastructure has the same meaning as in the Water and Sewerage Industry Act 2008 ;

works has the same meaning as in the Water and Sewerage Industry Act 2008 .

(2)  If a planning certifier receives an application in relation to any use or development that would –

(a) increase the demand for water supplied by the relevant regulated entity; or

(b) increase the amount of sewage or toxins that is to be removed by, or discharged into, the relevant regulated entity's sewerage infrastructure; or

(c) damage or interfere with the relevant regulated entity's works; or

(d) adversely affect the relevant regulated entity's operations –

the planning certifier must give the relevant regulated entity notice of the application, unless subsection (3) applies in relation to the application.

(3)  This subsection applies in relation to an application if –

(a) the planning certifier refuses under section 50B(2) to issue a permitted use or development certificate in respect of the use or development to which the application relates; or

(b) the application is one that, if it were an application for a permit made to a planning authority, would be exempted by regulations made for the purposes of section 56O of the Water and Sewerage Industry Act 2008 .

(4)  The relevant regulated entity may make submissions to the planning certifier in respect of a use or development to which applies a notice under subsection (2) given by the planning certifier.

(5)  A submission under subsection (4) by a relevant regulated entity to a planning certifier, in respect of a use or development to which a notice under subsection (2) applies, may include a submission that –

(a) the regulated entity does not object to the issue of a permitted use or development certificate in relation to the use or development; or

(b) the regulated entity does not object to the issue of a permitted use or development certificate in relation to the use or development if the certificate is subject to conditions specified by the regulated entity.

(6)  The planning certifier may assume that the relevant regulated entity has no submissions to make in relation to an application to which a notice under subsection (2) applies if no such submissions are received by the planning certifier –

(a) within 14 days after the notice was given to the relevant regulated entity; or

(b) within a further period that the planning certifier allows.

(7)  Despite subsection (6) , the planning certifier must allow a reasonable further period if the certifier receives notice under subsection (8) or (9) that the regulated entity requires additional information.

(8)  A regulated entity may, by notice in writing served on a planning certifier within the period of 7 days from the day on which the regulated entity receives a notice under subsection (2) , request the planning certifier to provide it with additional information before it considers the application.

(9)  The regulated entity must, within 7 days from the date it receives the additional information under subsection (8) , notify the planning certifier if the request for information has not been answered to its satisfaction and in that notification require the planning certifier to provide it with the additional information.

(10)  If the period referred to in subsection (8) or (9) includes any days on which the office of the planning certifier is closed during normal business hours in that part of the State where the land subject to the application is situated, that period is to be extended by the number of those days.

50D.   Water and sewerage certificates

(1)  A planning certifier may issue a water and sewerage certificate in relation to a certifiable permitted use or development.

(2)  A water and sewerage certificate in relation to a certifiable permitted use or development is a certificate, in a form approved by the Commission, that is issued by a planning certifier and that states that –

(a) the use or development is not a use or development to which, in the opinion of the planning certifier, section 50C(2) applies; or

(b) a submission has been made under section 50C(4) in relation to the use or development; or

(c) a notice in relation to the use or development has been given by the planning certifier under section 50C(2) and the planning certifier is entitled to make an assumption under section 50C(6) in relation to the use or development.

21.    Section 51 amended (Permits)

Section 51 of the Principal Act is amended by inserting after subsection (1B) the following subsections:

(1C)  An application that relates only to a certifiable permitted use or development may be accompanied by –

(a) a permitted use or development certificate in relation to the use or development; and

(b) a water and sewerage certificate in relation to the use or development.

(1D)  If an application is accompanied by a water and sewerage certificate in relation to a certifiable permitted use or development, the certificate is to be accompanied by –

(a) a copy of all submissions made under section 50C(4) in relation to the use or development; or

(b) if the planning certifier who issued the water and sewerage certificate is entitled to make an assumption under section 50C(6) in relation to the use or development, a copy of the notice under section 50C(2) given to the regulated entity in relation to the use or development.

23.    Section 58 amended (Application for other permits)

Section 58 of the Principal Act is amended by inserting after subsection (3) the following subsections:

(4)  If a privately certified application in relation to a use or development is made to a planning authority –

(a) the applicant is only required to pay to the planning authority half of the amount of any fee that would otherwise be payable under this Act, or the Local Government Act 1993 , in relation to the application or the grant of a permit pursuant to the application; and

(b) a reference in subsection (2) to a period is to be taken, in relation to the application, including for the purposes of any other provision of this Act, to be a reference to a period of 10 days; and

(c) the planning authority is to consider whether the use or development to which the application relates meets the requirements of the planning scheme, or special planning order, to which the application relates; and

(d) if the planning authority considers that the use or development does not meet the requirements of the planning scheme, or special planning order, to which the application relates, the planning authority must refuse the permit and notify the applicant of that refusal within 7 days after the application is received.

(5)  If a privately certified application in relation to a use or development is made to a planning authority, the planning authority –

(a) is not required, in relation to the use or development, to comply with section 56O of the Water and Sewerage Industry Act 2008 ; and

(b) in determining whether to impose conditions on a permit granted in relation to the use or development, must take into account any submissions made under section 50C(4) in relation to the use or development; and

(c) must impose on a permit granted in relation to the use or development any condition that is specified in a submission made under section 50C(4) in relation to the use or development as being required to be imposed on the use or development; and

(d) must not attach, to a permit granted in relation to the use or development, a condition that would conflict with a condition that must be imposed on the permit in accordance with paragraph (c) ; and

(e) must give to the relevant regulated entity a copy of any permit, and any notice of appeal under section 61 , in relation to the use or development.

(6)  If an appeal under section 61 relates wholly or partly to the imposition of conditions on a permit by a planning authority as required under subsection (5)(c) , the relevant regulated entity is taken to be a party to that appeal.

(7)  If a period referred to in subsection (4) includes any days on which the office of the planning authority is closed during normal business hours in that part of the State where the land subject to the application is situated, that period is to be extended by the number of those days.

(8)  In this section –

privately certified application means an application under section 51 that –

(a) relates only to a certifiable permitted use or development; and

(b) is accompanied, in accordance with section 51(1C) , by a permitted use or development certificate, and a water and sewerage certificate, in relation to the use or development;

relevant regulated entity has the same meaning as it has in section 50C .

25.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

26.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

27.    Part 4, Division 2B inserted

After section 60Z of the Principal Act , the following Division is inserted in Part 4:

Division 2B - Planning compliance certificates

60ZA.   Interpretation of Division 2B

In this Division –

ancillary dwelling means a dwelling that –

(a) has a floor area not greater than 60m2; and

(b) is appurtenant to a dwelling on a lot on which no other dwelling is situated; and

(c) shares, with the dwelling to which it is appurtenant, any access and parking, water, sewerage, gas, electricity or telecommunications connections and meters;

dwelling means a building, or a part of a building, which building or part of a building –

(a) is used as a self-contained residence; and

(b) includes food preparation facilities, a bath or shower, laundry facilities, a toilet and sink –

and may include any outbuildings and works normally forming part of a dwelling;

low risk development means a development, other than a single dwelling development, which –

(a) is within a class of development in relation to which no permit is required, and that is not prohibited, under the planning scheme, or special planning order, that applies in relation to the land on which the development is to be situated; and

(b) is for the purposes of a low risk use;

low risk use means a use of land, other than a single dwelling use, that is a use –

(a) in relation to which no permit is required; and

(b) that is not prohibited –

under the planning scheme, or special planning order, that applies in relation to the land;

single dwelling means –

(a) a dwelling on a lot on which no other dwelling is situated; or

(b) a dwelling, and an ancillary dwelling, on a lot on which no other dwelling is situated;

single dwelling development means a development, consisting of a single dwelling or an ancillary dwelling, that –

(a) is within a class of development in relation to which no permit is required, and that is not prohibited, under the planning scheme, or special planning order, that applies in relation to the land on which the development is to be situated; and

(b) is for the purposes of a single dwelling use;

single dwelling use means a use of land that is a use –

(a) that is classified as a residential use; and

(b) in relation to which no permit is required; and

(c) that is not prohibited –

under the planning scheme, or special planning order, that applies in relation to the land.

60ZB.   Planning compliance certificates to be obtained

(1)  A person must not develop a single dwelling development, or a low risk development, unless there is a planning compliance certificate in relation to the development.

Penalty:  Fine not exceeding 200 penalty units.

(2)  If a person is convicted of an offence against subsection (1) , the court may order the person to pay to the planning authority the reasonable costs incurred by the authority in investigating the offence or prosecuting the offence, or both.

(3)  If a person is convicted of an offence against subsection (1) , the court mayorder that –

(a) the person is required to carry out, within the period specified in the order, work specified in the order; and

(b) if the person does not carry out the work within that period and the relevant planning authority carries out the work under subsection (5) , the person is liable to the planning authority for the reasonable costs incurred by the authority in carrying out the work.

(4)  The work that may be specified in an order under subsection (3) in relation to a person is work that will ensure that a development or use carried out by the person on land is in accordance with the planning scheme, or special planning order, that applies to the land.

(5)  If a court makes an order of a kind referred to in subsection (3) in relation to a person and the person does not, within the period specified in the order, carry out the work specified in the order, the relevant planning authority may carry out the work.

(6)  Subsection (1) does not apply in relation to a development that commenced before the day on which this section commences.

60ZC.   Applications for planning compliance certificates

(1)  A person may, in a form approved by the Commission, apply to a planning authority, or a planning certifier, for the issue of a planning compliance certificate in relation to –

(a) a single dwelling development and a single dwelling use; or

(b) a low risk development and a low risk use.

(2)  An application under subsection (1) is to be accompanied by the prescribed information and the prescribed documents.

(3)  A person must not obtain, or attempt to obtain, a planning compliance certificate 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.

60ZD.   Issue of planning compliance certificates

(1)  A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –

(a) must issue a planning compliance certificate specifying that –

(i) the development is a single dwelling development; and

(ii) the use is a single dwelling use –

if the planning authority or planning certifier is of the opinion that the development is a single dwelling development and the use is a single dwelling use; or

(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a single dwelling development and the use is a single dwelling use.

(2)  A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –

(a) must issue a planning compliance certificate, specifying that –

(i) the development is a low risk development; and

(ii) the use is a low risk use –

if the planning authority or planning certifier is of the opinion that the development is a low risk development and the use is a low risk use; or

(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a low risk development and the use is a low risk use.

(3)  In determining whether to issue a planning compliance certificate in relation to a development and a use, a planning authority, and a planning certifier, must take into account the prescribed matters, if any.

(4)  A person who has applied to a planning authority, or a planning certifier, for the issue of a planning compliance certificate may appeal to the Appeal Tribunal against a decision by the planning authority or planning certifier to refuse to issue such a certificate.

(5)  After hearing an appeal in relation to a refusal by a planning authority or a planning certifier to issue a planning compliance certificate, the Appeal Tribunal may, in addition to its powers under the Resource Management and Planning Appeal Tribunal Act 1993 , direct the planning authority or planning certifier, respectively, to issue a planning compliance certificate.

60ZE.   Planning compliance certificates

(1)  A planning compliance certificate is a certificate, in the prescribed form, that specifies that –

(a) a development to which the certificate relates is a single dwelling development and a use to which the certificate relates is a single dwelling use; or

(b) a development to which the certificate relates is a low risk development and a use to which the certificate relates is a low risk use.

(2)  If a development, or use, to which a planning compliance certificate relates is not substantially commenced within the period of 2 years after the certificate is issued, or within the period extended under subsection (3) , the certificate is cancelled.

(3)  If a development, or use, to which a planning compliance certificate relates is not, or is unlikely to be, substantially commenced before the certificate would otherwise be cancelled under subsection (2) , the planning authority in respect of the land on which the development is, or is to be, situated may grant (once only) a 2-year extension of the period during which that development or use must be substantially commenced.

(4)  If –

(a) a planning compliance certificate in relation to a development, and a use, on land is issued on a day; and

(b) the development and use, on that day, is authorised under the planning scheme, or special planning order, in relation to the land, to be carried out without a permit and is not prohibited; and

(c) the planning scheme, or special planning order in relation to the land (the altered scheme or order) –

(i) ceases, after that day, to authorise the development and the use to be carried out on the land; or

(ii) ceases, after that day, to authorise the development and use to be carried out on the land unless there is a permit in relation to the development and the use; or

(iii) prohibits, after that day, a development, or use, of that kind to be carried out on the land; and

(d) the planning compliance certificate has not been cancelled –

the development and use on that land is to be taken, from the day on which the certificate is issued until the certificate is cancelled, if at all, to be lawfully established before the altered scheme or order came into operation.

(5)  A planning authority must –

(a) keep a register of all planning compliance certificates which it has issued or copies of which have been received by the planning authority under section 80I ; and

(b) provide to the Commission, before 1 August in each year, copies of all entries in the register in relation to planning compliance certificates –

(i) which it has issued during the previous financial year; or

(ii) notice of the issue of which it has received under section 80I during the previous financial year.

60ZF.   Cancellation of planning compliance certificates

(1)  A planning authority may, by notice to a person to whom a planning compliance certificate was issued by the planning authority, or a planning certifier, in relation to an area of land within the municipal area of the planning authority, cancel the certificate, if the planning authority is satisfied that –

(a) the certificate was issued in error; or

(b) the issue of the certificate was not authorised under this Act.

(2)  A notice under subsection (1) to a person must inform the person of the person's rights under this Act to appeal against the decision to cancel the certificate under that subsection.

(3)  A planning authority may only cancel a planning compliance certificate issued to a person if –

(a) the planning authority has given to the person a notice in writing specifying –

(i) that the planning authority is considering cancelling the planning compliance certificate; and

(ii) the reasons why the planning authority is considering cancelling the planning compliance certificate; and

(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions to the planning authority in relation to the proposal; and

(b) the planning authority has considered any submissions that are made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and

(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.

(4)  A person may appeal to the Appeal Tribunal against a decision by a planning authority to cancel a planning compliance certificate.

29.   

The amendments effected by this section have been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

30.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

31.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

32.   

The amendments effected by this section have been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

33.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

34.    Section 69B inserted

After section 69A of the Principal Act , the following section is inserted in Division 5:

69B.   Protection from liability in respect of certain certificates issued by planning certifiers

(1)  A planning authority does not incur any liability for, or in respect of, anything done, or omitted to be done, in reliance on a planning compliance certificate, or a permitted use or development certificate, issued by a planning certifier.

(2)  Nothing in subsection (1) is to be taken to derogate from the requirements imposed on a planning authority under Part 4 .

35.    Part 5A inserted

After section 80A of the Principal Act , the following Part is inserted:

PART 5A - Planning Certifiers

Division 1 - Authorisation of planning certifiers

80B.   Transitional applicants for authorisations

(1)  A person may, within 6 months after the day on which this section commences, apply to the Minister for approval as a transitional applicant.

(2)  The Minister, on receiving an application under subsection (1) , may, with the approval of the Commission, approve a person as a transitional applicant.

(3)  The Minister may only approve a person as a transitional applicant if the person had, within the period of 5 years before the commencement of this section, at least 2 years' (whether or not continuous) practical experience in the assessment of whether uses or developments comply with the requirements of planning schemes or special planning orders.

80C.   Authorisation of planning certifiers

(1)  A person may apply to the Commission for authorisation as a planning certifier.

(2)  An application under subsection (1) is to be –

(a) in the form, and the manner, approved by the Commission; and

(b) accompanied by the prescribed fee, if any.

(3)  The Commission may require a person who has made an application under subsection (1)  –

(a) to provide to the Commission further information requested by the Commission; and

(b) to verify by statutory declaration any information supplied to the Commission for the purposes of the application.

(4)  The Commission may authorise as a planning certifier, or refuse to so authorise, a person who has made an application under subsection (1) .

(5)  The Commission may only authorise a person under subsection (4) if the Commission is satisfied that the person –

(a) is competent to issue planning compliance certificates and permitted use or development certificates; and

(b) either –

(i) has the prescribed qualifications in planning and 2 years' (whether or not continuous) practical experience in the assessment of whether uses or developments comply with the requirements of planning schemes or special planning orders; or

(ii) is approved as a transitional applicant under section 80B ; and

(c) is covered, or is likely to be covered, by insurance that relates to the issue by the person of planning compliance certificates and permitted use or development certificates and that is, in the opinion of the Commission, adequate; and

(d) has complied with any or all of the requirements approved by the Commission for the purposes of this section; and

(e) has not made the application during a period, declared in accordance with section 80D(6) in a notice given under section 80D(2) , to be a period in which the person is disqualified from applying for an authorisation; and

(f) has complied with this Act and any requirements for professional development, and any code of conduct, that are prescribed under subsection (9) .

(6)  An authorisation under subsection (4) is subject to the conditions and restrictions, if any, specified in the authorisation.

(7)  A person to whom an authorisation under subsection (4) relates must not fail to comply with any condition or restriction specified in the authorisation.

Penalty:  Fine not exceeding 400 penalty units.

(8)  If the Commission refuses to grant an authorisation under subsection (4) , the Commission must provide the applicant with reasons for the refusal –

(a) within 3 months after receiving the application under subsection (1) to which the authorisation relates; or

(b) if the Commission has requested further information be provided in relation to the application, within 3 months after receiving the last information requested.

(9)  The regulations may provide for the following:

(a) the duties of planning certifiers;

(b) a code of conduct for planning certifiers;

(c) the handling of complaints relating to the conduct of planning certifiers;

(d) audits to be conducted in relation to the performance of planning certifiers;

(e) requirements for planning certifiers to undertake professional development;

(f) other matters related to the functions and powers of planning certifiers and the issue of planning compliance certificates and permitted use or development certificates.

80D.   Surrender, revocation and suspension of authorisation

(1)  A person to whom an authorisation has been issued under section 80C may surrender the authorisation at any time.

(2)  The Commission, by notice to a person to whom an authorisation has been issued under section 80C  –

(a) may suspend the authorisation for the period specified in the notice; or

(b) may revoke the authorisation from the date on which the notice is given or a later date specified in the notice.

(3)  The Commission may only suspend or revoke under subsection (2) a person's authorisation under section 80C if the Commission considers the person is no longer a person who may, in accordance with section 80C(5) , be authorised under section 80C .

(4)  The Commission may only suspend or revoke under subsection (2) a person's authorisation under section 80C if –

(a) the Commission has given to the person a notice in writing specifying –

(i) that the Commission is proposing to suspend or revoke the authorisation; and

(ii) the reasons why the Commission is proposing to suspend or revoke the authorisation; and

(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions to the Commission in relation to the proposal; and

(b) the Commission has considered any submissions that are made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and

(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.

(5)  The Commission must specify, in the notice under subsection (2) of the suspension or revocation of a person's authorisation under section 80C  –

(a) the reasons for the revocation or suspension; and

(b) the person's right of appeal under subsection (8) .

(6)  If the Commission revokes under subsection (2) the authorisation of a person, the Commission may, in the notice under subsection (2) , declare that the person is, during the period specified in the notice, disqualified from applying for authorisation under section 80C .

(7)  The Commission, by written notice to a person, may withdraw a suspension or revocation of the person's authorisation under section 80C .

(8)  A person who is not satisfied with a decision of the Commission under this section in relation to the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.

(9)  If, for any period, a person who is authorised under section 80C is not covered by insurance that relates to the issue by the person of planning compliance certificates or permitted use or development certificates, the person's authorisation is suspended for that period.

80E.   Variation and revocation of conditions and restrictions specified on authorisations

(1)  The Commission, by notice to a person to whom an authorisation has been issued under section 80C  –

(a) may specify in the authorisation a condition or restriction; or

(b) may vary a condition or restriction specified in the authorisation.

(2)  The Commission may, under subsection (1) , only specify a condition or restriction in, or vary a condition or restriction specified in, an authorisation issued under section 80C to a person, if –

(a) the Commission has given a notice in writing to the person specifying –

(i) that the Commission is proposing to specify or vary the condition or restriction; and

(ii) the reasons why the Commission is proposing to specify or vary the condition or restriction; and

(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions in relation to the proposal; and

(b) the Commission has considered any submissions that have been made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and

(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.

(3)  The Commission must specify in the notice under subsection (1) of the specification, or variation of a condition or restriction, in a person's authorisation under section 80C  –

(a) the reasons for the specification or variation; and

(b) the person's right of appeal under subsection (7) .

(4)  A person who is authorised under section 80C may apply to the Commission for a revocation or variation of a condition or restriction specified in the authorisation.

(5)  The Commission, after receiving an application under subsection (4) from a person to whom an authorisation is issued under section 80C , may, by notice to the person, revoke or vary, or refuse to revoke or vary, a condition or restriction specified in the person's authorisation.

(6)  The Commission must specify in a notice under subsection (5) of a refusal to revoke or vary a condition or restriction –

(a) the reasons for the refusal; and

(b) the person's right of appeal under subsection (7) .

(7)  A person who is not satisfied with a decision of the Commission under this section in relation to the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.

80F.   Planning certifier must not issue false statement or act if conflict of duty

(1)  A planning certifier must not issue –

(a) a planning compliance certificate; or

(b) a water and sewerage certificate; or

(c) a permitted use or development certificate –

that the planning certifier knows, or ought reasonably be expected to know, contains a statement that is false or misleading in a material particular.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A planning certifier must not issue a planning compliance certificate, or a permitted use or development certificate, if the planning certifier has a direct or indirect pecuniary interest –

(a) in the person who has applied for the certificate to be issued; or

(b) in the development, or use, to which the application for the certificate relates; or

(c) in any person associated with the development, or use, to which the application for the certificate relates.

Penalty:  Fine not exceeding 100 penalty units.

80G.   Change of, or referral to, other planning certifiers

(1)  A person must not engage a planning certifier to exercise a power relating to the issue of a planning compliance certificate, or a permitted use or development certificate, in respect of a use or development in respect of which another planning certifier has already exercised, refused to exercise or is taken to have refused to exercise, the power to issue such a certificate, unless the matter was referred by that other planning certifier.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(2)  A planning certifier may refer a matter to another planning certifier to be dealt with by that other planning certifier, if the other planning certifier agrees.

(3)  A person who engaged a planning certifier must not remove that planning certifier from that engagement without the consent of the Commission, given before the planning certifier has determined to issue, or to refuse to issue, a planning compliance certificate or a permitted use or development certificate.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(4)  If a planning certifier resigns from an engagement, dies or becomes incapable for any reason of exercising a power, relating to the issue of a planning compliance certificate, or a permitted use or development certificate, for which he or she was engaged, the person who engaged the planning certifier may, with the consent of the Commission, engage another planning certifier.

Division 2 - Rights and duties in relation to planning certifiers

80H.   Planning certifier may charge for services

A planning certifier may charge a person, who makes an application for a planning compliance certificate, a permitted use or development certificate or a water and sewerage certificate, any amount the planning certifier thinks fit in relation to the application.

80I.   Information to be provided to planning authorities

(1)  If an application is made to a planning certifier for the issue of a planning compliance certificate or a permitted use or development certificate, the planning certifier must –

(a) as soon as practicable after the application is made, notify the planning authority in respect of the land to which the application relates of the identity of the person making the application and the development and use to which the application relates; and

(b) as soon as practicable after deciding to refuse, or not to proceed, to issue such a certificate in relation to the development or the use, notify of the decision the planning authority in respect of the land to which the application relates.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A planning certifier, within 14 days after issuing a planning compliance certificate, must provide to the planning authority in respect of the land to which the certificate relates –

(a) a copy of the certificate; and

(b) any information or documents relied on by the person in issuing the certificate.

Penalty:  Fine not exceeding 20 penalty units.

37.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

38.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

39.   

The amendment effected by this section has been incorporated into the authorised version of the Land Use Planning and Approvals Act 1993 .

40.    Section 85A inserted

After section 85 of the Principal Act , the following section is inserted in Division 2:

85A.   Immunity from liability

(1)  An authorised officer, or a person assisting an authorised officer under section 65K , is not personally liable in respect of any act done or omitted to be done by the officer or person in good faith in the performance or exercise, or purported performance or exercise, of a function or power of an authorised officer under this Act.

(2)  A member of a planning authority is not personally liable in respect of any act done or omitted to be done by the planning authority in good faith in the performance or exercise, or purported performance or exercise, of a function or power of a planning authority under this Act.

(3)  Nothing in subsection (1) or (2) precludes the Crown or a planning authority from incurring liability that an authorised officer, a person assisting an authorised officer under section 65K or a member of a planning authority would otherwise incur.