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PLANNING AND ENVIRONMENT ACT 1987 - SECT 76D

Powers of Minister in relation to application

S. 76D(1) amended by No. 21/2013 s. 8(a).

    (1)     Sections 97B, 97C, 97D(1) and (3), 97E, 97F(1), 97G(1) to (5) (with any necessary changes) apply to an application for an amendment to a permit under this Division as if—

        (a)     a reference to an application for a permit were a reference to an application for the amendment; and

        (b)     a reference to the grant of a permit were a reference to the grant of the amendment.

    (2)     Subject to subsections (3) and (6), this Division applies to an application referred to the Minister under this section as if—

        (a)     the Minister were the responsible authority; and

S. 76D(2)(b) amended by No. 21/2013 s. 8(b).

        (b)     all steps taken under this Division by the referring responsible authority (within the meaning of section 97D(3)) had been taken by the Minister.

S. 76D(3) amended by No. 3/2013 s. 31.

    (3)     Sections 59, 61, 64, 64A, 65, 66 and 74 do not apply to an application referred to the Minister under this section.

S. 76D(4) amended by No. 21/2013 s. 8(c).

    (4)     Once the Minister has decided in favour of an application, the Minister must direct the responsible authority specified in the planning scheme to issue an amended permit to the applicant.

S. 76D(5) amended by No. 21/2013 s. 8(c).

    (5)     The responsible authority specified in the planning scheme must comply with a direction under subsection (4).

    (6)     Section 76C and Division 3 of this Part do not apply in relation to—

        (a)     an application referred to the Minister under this section; or

        (b)     an amendment of a permit granted under this section.

    (7)     Division 5 of Part 6 does not apply in respect of a matter that an amendment to a permit under this Division specifies is to be done by, approved by or done to the satisfaction of the Minister.

Pt 4 Div. 2 (Heading) substituted by No. 52/1998 s. 191(4)(a).

Division 2—Reviews by Tribunal

S. 77 (Heading) inserted by No. 3/2013 s. 68(1).

S. 77 amended by No. 52/1998 s. 191(4)(b).



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