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LAND USE PLANNING AND APPROVALS ACT 1993 - SECT 56AA

Fees for amendment of permits under section 56

(1)  In this section –
relevant legislative instrument means –
(a) this Act or the Local Government Act 1993 ; or
(b) a regulation made under this Act or a by-law or regulation made under the Local Government Act 1993 .
(2)  Despite section 86 , a planning authority is not entitled –
(a) to refuse to take an action in relation to determining whether or not an application under section 56 for an amendment of a permit is valid; or
(b) to refuse to accept a valid application under section 56 for an amendment of the permit –
on the ground that a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 has not been paid, unless –
(c) the planning authority has, before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for an amendment of the permit, demanded the payment of the fee; and
(d) the fee has not been paid within the 21-day period after the day on which the demand is made.
(3)  If –
(a) the planning authority has demanded payment of a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit; and
(b) the fee has been paid within the 21-day period after the day on which the demand is made –
the application, if it is a valid application for an amendment of a permit, is taken for the purposes of this Act to have been received on the day on which the fee is paid.
(4)  If the planning authority has not demanded payment of a fee, under a relevant legislative instrument, for an application for an amendment of a permit under section 56 before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit –
(a) the planning authority, despite section 86 , is not entitled to refuse to take any action in relation to the application for an amendment of the permit; and
(b) the application, if it is a valid application, is taken for the purposes of this Act to have been received on the fifth business day after the day on which the person lodges, or attempts to lodge, with the planning authority, the application for the amendment of the permit.



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