(1)  If –

(a) the applicant for a permit is not the owner of the land in respect of which the permit is required; and

(b) the land is not –

(i) Crown land, within the meaning of the Crown Lands Act 1976 ; or

(ii) land owned by a council; or

(iii) land administered by the Crown or a council; and

(c) the planning scheme does not provide otherwise –

the applicant must include in the application for the permit a declaration that the applicant has notified the owner of the intention to make the application.

(1A)  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, or a production licence, has been issued under that Act which authorises those operations.

(1B)  If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976 , is owned by a council or is administered or owned by the Crown or a council and a planning scheme does not provide otherwise, the application must –

(a) be signed by the Minister of the Crown responsible for the administration of the land or by the general manager of the council; and

(b) be accompanied by the written permission of that Minister or general manager to the making of the application.

(1C)  .  .  .  .  .  .  .  .  

(1D)  The Minister of the Crown administering the Crown Lands Act 1976 may delegate his or her functions under subsection (1B) to the Director-General of Lands.

(1E)  The Director-General of Lands may delegate to a person prescribed for the purposes of section 71(2) of the Crown Lands Act 1976 a function delegated to the Director-General under subsection (1D) .

(1F)  A Minister of the Crown administering land administered or owned by the Crown, other than the Minister of the Crown administering the Crown Lands Act 1976 , may delegate to any person the Minister considers appropriate his or her functions under subsection (1B) .

(1G)  The general manager of a council may delegate to an employee of the council his or her functions under subsection (1B) .

(1H)  If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976 , subsection (1B) 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, or a production licence, has been issued under that Act which authorises those operations.

(2)  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.

(3)  A provision in a planning scheme is of no effect to the extent that it provides that an application for a permit by a person who is not the owner of the land in respect of which the permit is required must be signed by, or accompanied by the written permission of, the owner.