| s33(1)(a) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.1 the provisions of the appropriate Development Plan; |
2 Delegates
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| s33(1)(b) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.2 the provisions of the Building Rules; |
2 Delegates
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| s33(1)(c) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.3 in relation to a proposed division of land (otherwise than under the Community Titles Act 1996 or the Strata Titles Act 1988) on the satisfaction of the conditions specified in Section 33(1)(c) of the Act; |
2 Delegates
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| s33(1)(d) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.4 in relation to a division of land under the Community Titles Act 1996 or the Strata Titles Act 1988 on the satisfaction of the conditions specified in Section 33(1)(d) of the Act; |
2 Delegates
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| s33(1)(e) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.5 the requirement that any encroachment of a building over, under, across or on a public place has been dealt with in a satisfactory manner; and |
2 Delegates
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| s33(1)(f) |
10.Matters Against Which Development Must be Assessed
10.1 The power, as the relevant authority and pursuant to Section 33 of the Act, to assess a development against and grant or refuse consent in respect of each of the following matters (insofar as they are relevant to that development):
10.1.6 such other matters as may be prescribed.
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| s33(3) |
10.Matters Against Which Development Must be Assessed
10.2 The power pursuant to Section 33(3) of the Act, when granting a development plan consent, to reserve a decision on a specified matter until further assessment of the development under the Act. |
2 Delegates
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| s33(1) |
10.Matters Against Which Development Must be Assessed
10.3 If:
10.3.1 a development only requires an assessment under paragraph (b) of Section 33(1) of the Act; and
10.3.2 the Council:
10.3.2.1 is the relevant authority; and
10.3.2.2 is to make the assessment under that paragraph; and
10.3.3 the Council determines to grant consent under that paragraph,
the duty, pursuant to Section 33(4b) of the Act as the relevant authority, to issue the relevant development approval with the consent.
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| s34(1)(b)(iii) |
11. Determination of Relevant Authority
11.1 The power pursuant to Section 34(1)(b)(iii) of the Act to request the Minister to declare the Development Assessment Commission to be the relevant authority for a proposed development.
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1 Delegates
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| s34(1a) |
11. Determination of Relevant Authority
11.2 The power pursuant to Section 34(1a) of the Act, where the Minister has made a declaration under Section 34(1)(b)(vi) of the Act, to provide the Development Assessment Commission with a report, relating to the application for development authorisation, within the time prescribed by the Regulations. |
2 Delegates
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| s34(8a) |
11. Determination of Relevant Authority
11.3 The power pursuant to Section 34(8a) of the Act to, in conjunction with the Councils for the areas in relation to which a regional development assessment panel has been constituted, remove a member from the panel for a failure to comply with the requirements of Section 34(6a) or (7) of the Act or a breach of, or failure to comply with, a code of conduct under Section 21A of the Act. |
2 Delegates
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| s34(21) |
11. Determination of Relevant Authority
11.4 The power in accordance with Section 34(21) of the Act to withdraw from a regional development assessment panel |
2 Delegates
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| s35(1) |
12. Special Provisions Relating to Assessment Against Development Plans
12.1 The duty pursuant to Section 35(1) of the Act to grant a development plan consent if the Regulations or the relevant Development Plan describes any proposed development as a complying development (subject to such conditions or exceptions as may be prescribed by the Regulations or the relevant Development Plan and subject to any other provision made by the Act or applying under the Regulations).
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| s35(1b) |
12. Special Provisions Relating to Assessment Against Development Plans
12.2 The power pursuant to Section 35(1b) of the Act to determine a development that is assessed by a relevant authority as being a minor variation from complying development to be complying development. |
2 Delegates
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| s35(1d) |
12. Special Provisions Relating to Assessment Against Development Plans
12.3 Subject to Sections 35 (1d) and (1e) of the Act, if a proposed development meets all but 1 criteria necessary for the development to be complying development, the duty, pursuant to Section 35(1c) of the Act to regard the aspect or aspects of the development that are consistent with the development being complying development accordingly and to assess the balance of the development as merit development. |
2 Delegates
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| s35(2) |
12. Special Provisions Relating to Assessment Against Development Plans
12.4 The power pursuant to Section 35(2) of the Act to assess whether or not a development is seriously at variance with the relevant Development Plan. |
2 Delegates
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| s35(3)(a) |
12. Special Provisions Relating to Assessment Against Development Plans
12.5 The power pursuant to Section 35(3)(a) of the Act in appropriate cases, to concur in the granting of consent to a development described as a non-complying development. |
2 Delegates
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| 35(6) |
12. Special Provisions Relating to Assessment Against Development Plans
12.6 Subject to the Act, the power and duty pursuant to Section 35(6) of the Act, to accept that a proposed development complies with the provisions of the appropriate development plan to the extent that such compliance is certified by a private certifier. |
2 Delegates
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| s36(1) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.1 The duty pursuant to Section 36(1) of the Act to grant a building rules consent if the Regulations provide that any proposed building work complies with the Building Rules.
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2 Delegates
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| s36(2) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.2 The power pursuant to and in accordance with Section 36(2) of the Act:
13.2.1 to assess whether a development is at variance with the Building Rules;
13.2.2 to determine whether to grant building rules consent where the variance is with the performance requirements of the Building Code and the Building Rules Assessment Commission concurs in the granting of consent;
13.2.3 to determine whether to grant building rules consent where the variance is with a part of the Building Rules other than the Building Code and to determine that it is appropriate to grant the consent despite the variance on the basis that the Delegate is satisfied that:
13.2.3.1 the provisions of the Building Rules are inappropriate to the particular building or building work, or the proposed building fails to conform with the Building Rules only in minor respects and the variance is justifiable having regard to the objects of the Development Plan or the performance requirements of the Building Code and would achieve the objects of the Act as effectively, or more effectively, than if the variance were not to be allowed; or
13.2.3.2 in circumstances where the development has already occurred the variance is justifiable in the circumstances of the particular case. |
2 Delegates
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| s36(3) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.3 The duty pursuant to Section 36(3) of the Act to modify the application of the Building Rules to avoid an inconsistency between the Building Rules and the Development Plan in relation to a State heritage place or a local heritage place. |
2 Delegates
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| s36(3a) 36(3) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.4 The duty pursuant to Section 36(3a) of the Act to seek and consider the advice of the Building Rules Assessment Commission before imposing or agreeing to a requirement under Section 36(3) of the Act that would be at variance with the performance requirements of the Building Code. |
2 Delegates
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| s36(4)(a) 36(4)(b) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.5 The duty pursuant to Section 36(4)(a) and (b) of the Act to accept that proposed building work complies with the Building Rules to the extent that:
13.5.1 such compliance is certified by the provision of technical details, particulars, plans, drawings or specifications prepared and certified in accordance with the Regulations; or
13.5.2 such compliance is certified by a private certifier.
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2 Delegates
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| s36(6) |
13. Special Provisions Relating to Assessment Against the Building Rules
13.6 The power pursuant to Section 36(6) of the Act to refuse to grant a consent in relation to any development if, as a result of that development, the type or standard of construction of a building of a particular classification would cease to conform with the requirements of the Building Rules for a building of that classification. |
2 Delegates
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| s37(6) |
14. Consultation With Other Authorities or Agencies
14.3 If a relevant authority is directed by a prescribed body to refuse an application and the refusal is the subject of an appeal under the Act, the power, pursuant to Section 37(6) of the Act to make application for the relevant authority to be joined as a party to the proceedings. |
2 Delegates
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| 37AA(2)(e) 37AA(2)(c) |
15. Preliminary Advice and Agreement
15.1 The power pursuant to and in accordance with Section 37AA(2)(e) of the Act to be satisfied that an application accords with an agreement indicated by a prescribed body in accordance with Section 37AA(2)(c) of the Act.
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2 Delegates
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| s37AA(4) |
15. Preliminary Advice and Agreement
15.2 The power pursuant to and in accordance with Section 37AA(4) of the Act to determine that an agreement under Section 37AA of the Act is no longer appropriate due to the operation of Section 53 of the Act. |
2 Delegates
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| s37A(2)(b) |
16. Proposed Development Involving Creation of Fortifications
16.2 The power pursuant to Section 37A(2)(b) of the Act to receive the Commissioner's written determination under Section 37A(2)(a) of the Act. |
2 Delegates
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| s37A(5) |
16. Proposed Development Involving Creation of Fortifications
16.3 The duty pursuant to Section 37A(5) of the Act if the Commissioner determines that the proposed development involves the creation of fortifications to:
16.3.1 if the proposed development consists only of the creation of fortifications - refuse the application; or
16.3.2 in any other case - impose conditions in respect of any consent to or approval of the proposed development prohibiting the creation of the fortifications.
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2 Delegates
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| s38(3) |
17. Public Notice and Consultation
17.1 The duty, pursuant to Section 38(3) of the Act, where a person applies for a consent in respect of the Development Plan for a Category 1 development, to not on the Delegate's own initiative seek the views of the owners or occupiers of adjacent or other land in relation to the granting or refusal of development plan consent.
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2 Delegates
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| s38(3a)(a) |
17. Public Notice and Consultation
17.2 Where a person applies for a consent in respect of the Development Plan for a Category 2A development, -
17.2.1 the duty pursuant to Section 38(3a)(a) of the Act to:
17.2.1.1 subject to any exclusion or qualification prescribed by the Regulations - give an owner or occupier of each piece of adjoining land; and
17.2.1.2 give any other person of a prescribed class,
notice of the application; and
17.2.2 the duty pursuant to Section 38(3a)(b) of the Act, to:
17.2.2.1 give consideration to any representations in writing made in accordance with the Regulations by a person who is entitled to be given notice under paragraph (a) of Section 38(3a) of the Act; and
17.2.2.2 forward to the applicant a copy of any representations that the relevant authority must consider under subparagraph (i) of Section 38(3a)(b) of the Act and allow the applicant an opportunity to respond in writing, to those representations within the period prescribed by the Regulations; and
17.2.3 if a representation is received under paragraph (b) of Section 38(3a) of the Act within the prescribed number of days, the power pursuant to Section 38(3a)(c) of the Act to, in the Delegate's absolute discretion, allow the person who made the representation to appear personally or by representative before it to be heard in support of the representation.
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2 Delegates
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| s38(10)(a) |
17. Public Notice and Consultation
17.6 The power pursuant to Section 38(10)(a) of the Act, in respect of a Category 2 development, to determine whether to allow a person who made a representation to appear personally or by representative before the Delegate. |
2 Delegates
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| s38(17) |
17. Public Notice and Consultation
17.10 The power, pursuant to subsection 38(17) of the Act, where a relevant authority is acting under Section 38 of the Act in relation to a Category 2A or Category 2 development, to not take into account under Section 38 of the Act a representation made by a person who is not entitled to be given notice of the relevant application under Section 38 of the Act. |
2 Delegates
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| s38(18) |
17. Public Notice and Consultation
17.11 The power, pursuant to subsection 38(18) of the Act, to not take into account under Section 38 of the Act, a representation that is not made in accordance with any requirement prescribed by the Regulations for the purposes of Section 38. |
2 Delegates
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| s39(2) |
18. Application and Provision of Information
18.1 The power pursuant to Section 39(2) of the Act to request an applicant to:
18.1.1 provide such additional documents or information to enable assessment of the application;
18.1.2 remedy any defect or deficiency in any application or accompanying document or information required by or under the Act;
18.1.3 consult with an authority or body prescribed by the Regulations;
18.1.4 (where required by the Regulations) prepare a statement of effect in relation to non-complying development; and
18.1.5 comply with any other requirement prescribed by the Regulations.
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2 Delegates
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| s39(2b) |
18. Application and Provision of Information
18.3 If:
18.3.1 a development falls within a class of development prescribed by the Regulations for the purposes of Section 39(2b)(b) of the Act; and
18.3.2 the applicant has complied with the requirements of Section 39(1)(a), (c) and (d) of the Act,
the power and duty pursuant to Section 39(2b)(c) of the Act, to;
18.3.3 in making an assessment as to development plan consent, request the applicant to provide additional documents or information in relation to the application on 1 occasion only; and
the duty pursuant to Section 39(2b)(d) of the Act, to;
18.3.4 make that request within a period prescribed by the Regulations. |
2 Delegates
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| s39(3) |
18. Application and Provision of Information
18.4 Pursuant to Section 39(3)(b) of the Act, where a request is made under Section 39(2) of the Act and the request is not complied with within the time specified by the Regulations, the power pursuant to Section 39(3)(b) of the Act to:
18.4.1 subject to Section 39(3)(b)(ii) of the Act, refuse the application; and
18.4.2 refuse the application in prescribed circumstances (including, if the Regulations so provide, in a case involving development that is complying development).
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2 Delegates
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| s39(4)(a) s39(5) |
18. Application and Provision of Information
18.7 The power pursuant to Section 39(4)(a) and Section 39(5) of the Act to permit an applicant to vary an application or vary any plans, drawings, specifications or other documents that accompanied an application. |
2 Delegates
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| s39(4)(b) s39(5) |
18. Application and Provision of Information
18.8 The power pursuant to Section 39(4)(b) and Section 39(5) of the Act to permit an applicant to lodge an application without the provision of any information or document required by the Regulations. |
2 Delegates
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| s39(4)(c) s39(5) |
18. Application and Provision of Information
18.9 The power pursuant to Section 39(4)(c) and Section 39(5) of the Act to waive payment of whole or part of the application fee or refund an application fee (to the extent that such fees are payable to the Council). |
2 Delegates
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MDRS limitation: Up to $500 |
| s39(4)(d) |
18. Application and Provision of Information
18.10 The power pursuant to Section 39(4)(d) of the Act and Regulation 17(3)(a) of the regulations to refuse an application that relates to a development of the kind that is described as a non-complying development under the Development Plan without proceeding to make an assessment of the application. |
2 Delegates
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| s39(4)(e) |
18. Application and Provision of Information
18.11 The power pursuant to Section 39(4)(e) of the Act, if there is an inconsistency between any documents lodged with the Council for the purposes of Division 1 of Part 4 of the Act, or between any such document and a development authorisation that has already been given that is relevant in the circumstances, to return or forward any document to the applicant or to any other person and to determine not to finalise the matter until any specified matter is resolved, rectified or addressed. |
2 Delegates
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| s39(7) |
18. Application and Provision of Information
18.12 The power pursuant to Section 39(7) of the Act to approve an application for variation of the conditions of the development authorisation previously given under the Act, or to extend the period for which such authorisation remains operative. |
2 Delegates
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| s39(7)(c) |
18. Application and Provision of Information
18.13 The power, pursuant to section 39(7)(c) to determine whether representations relate to any aspect of the development under consideration on account of an application for variation, and to determine whether, in the circumstances of the case, it is unnecessary to deal with the matter as Category 3 development. |
2 Delegates
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| s39(7)(d) |
18. Application and Provision of Information
18.14 The power, pursuant to section 39(7)(d) of the Act, to approve the seeking of a variation to extend the period for which the relevant authorisation remains operative. |
2 Delegates
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| s39(7a) |
18. Application and Provision of Information
18.15 Where granting an application for variation of a development authorisation pursuant to section 39(6), the power, pursuant to section 39(7a), to make specific provision for the variation of a condition imposed with respect to the original authorisation in its decision on the application for variation. |
2 Delegates
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| s39(8) |
18. Application and Provision of Information
18.16 The power pursuant to Section 39(8) of the Act to issue a consent which provides for the undertaking of development in stages. |
2 Delegates
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| s39(9) |
18. Application and Provision of Information
18.17 The power pursuant to Section 39(9) of the Act to determine that the applicant is entitled to a refund of the application fee in the event that an application is withdrawn. |
2 Delegates
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| s40(3) |
19. Determination of Application
19.2 The power pursuant to Section 40(3) of the Act to extend the period of time within which a development authorisation remains operative. |
2 Delegates
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| s42(1) |
21. Conditions
21.1 The power pursuant to Sections 42(1) and (3) of the Act to attach such conditions as the Delegate thinks fit or as may be prescribed by regulation to any decision under Division 1 of Part 4 of the Act.
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2 Delegates
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| s42(4) |
21. Conditions
21.2 The duty, pursuant to Section 42(4) of the Act, in accordance with Section 42(5) of the Act and subject to Sections 42(6) and (8) of the Act, if a development authorisation provides for the killing, destruction or removal of a regulated tree or a significant tree, to apply the principle that the development authorisation be subject to a condition that the prescribed number of trees (of a kind determined by the Delegate) must be planted and maintained to replace the tree (with the cost of planting to be the responsibility of the applicant or any person who acquires the benefit of the consent and the cost of maintenance to be the responsibility of the owner of the land). |
2 Delegates
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| s42(6) s42(4) |
21. Conditions
21.3 The power, pursuant to Section 42(6) of the Act, on the application of the applicant, to determine that a payment of an amount calculated in accordance with the Regulations be made into the relevant fund in lieu of planting one or more replacement trees under Section 42(4) of the Act. |
2 Delegates
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| s42(8)(b) |
21. Conditions
21.4 The power, pursuant to Section 42(8)(b) of the Act, after taking into account any criteria prescribed by the Regulations and if the Minister concurs, to determine that it is appropriate to grant an exemption under Section 42 of the Act in a particular case. |
2 Delegates
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| Schedule 1 |
53. Transitional Provisions
53.1 The power pursuant to and in accordance with Clause 5(1) of Schedule 1 to the Development (Development Plans) Amendment Act 2006 ('the DPA Act'), if the Council or the Delegate has, before the commencement of Clause 5 of Schedule 1 to the DPA Act reached an agreement with the Minister on a Statement of Intent with respect to an amendment to a Development Plan, or taken steps to prepare a Plan Amendment Report on the basis of such a Statement of Intent subject to Clause 5(2) of Schedule 1 to the DPA Act, to continue with the process as set out in Section 25 of the Act (as in force immediately before the commencement of Clause 5 of Schedule 1 to the DPA Act) as if the DPA Act had not been enacted until the relevant amendment is approved (with or without alteration) or otherwise dealt with by the Minister under Section 25(15) of the Act, subject to the qualification that the relevant Plan Amendment Report may be referred to as a Development Plan Amendment.
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| Schedule 1 |
53. Transitional Provisions
53.2 The power pursuant to Clause 5(2) of Schedule 1 to the DPA Act to agree on a Statement of Intent that is to supersede a Statement of Intent agreed between the Council or the Delegate and the Minister before commencement of Clause 5 of Schedule 1 to the DPA Act.
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| r15(1)(c) |
58. Application to Relevant Authority
58.1 The power pursuant to Regulation 15(1)(c) of the Regulations to require an additional or lesser number of copies of plans, drawings, specifications and other documents and information relating to a proposed development than the number prescribed in Regulation 15(1)(c) of the Regulations.
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2 Delegates
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| r15(7)(b) |
58. Application to Relevant Authority
58.4 The power pursuant to Regulation 15(7)(b) of the Regulations to indicate, in such manner as may be determined by the Development Assessment Commission, that the Delegate wishes to receive written documentation instead of electronic access to the relevant documents and information via the Internet. |
2 Delegates
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| 15(7b) |
58.4A The power pursuant to Regulation 15(7b) of the Regulations, to within 2 business days of receipt of a copy of an application under Regulation 15(7a) of the Regulations, furnish to the private certifier:
58.4A.1 the Development Assessment number assigned to the development proposed under the application; and
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| r15(7b) |
58.4A The power pursuant to Regulation 15(7b) of the Regulations, to within 2 business days of receipt of a copy of an application under Regulation 15(7a) of the Regulations, furnish to the private certifier:
58.4A.2 if the private certifier, at the time of forwarding a copy of an application under Regulation 15(7a) of the Regulations, requests advice on the matters set out in subparagraphs (i) and (ii), and if such advice is relevant:
58.4A.2.1 advice about any site contamination that is believed to exist at the site where the development would be undertaken; and
58.4A.2.2 advice about the likely need for approval to alter a public road under section 221 of the Local Government Act 1999 in order to establish a new access point.
58.4A.2.3 advice about whether the relevant development plan specifies any requirements relating to finished floor levels (expressed by reference to AHD or ARI) in relation to the site where the development would be undertaken.
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2 Delegates
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| r15(8) |
58. Application to Relevant Authority
58.5 The power pursuant to Regulation 15(8) of the Regulations to extend the period prescribed in Regulation 15(8) for the lodging of an application for the appropriate development authorisation as required by Section 54(2)(c). |
2 Delegates
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| r15(11) |
58. Application to Relevant Authority
58.7 The power pursuant to Regulation 15(11) of the Regulations, to modify the requirements of Schedule 5 in relation to a particular application, subject to the following qualifications:
58.7.1 in the case of an application that is lodged with the Council for assessment as residential code development – the requirements of Schedule 5 may not be modified in any way by the delegate assessing the application (whether so as to require more or less information), except on authority of the Minister under Section 39(1)(a) of the Act;
58.7.2 in any other case, the delegate must not, when requiring plans, drawings, specifications and other documents in relation to the application, require the applicant to provide more information than that specified under Schedule 5 (subject to Section 39 of the Act).
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| r15(12) |
58. Application to Relevant Authority
58.8 The duty pursuant to Regulation 15(12) of the Regulations to, in exercising the discretion under Section 39(4)(b) of the Act, dispense with the requirements of Schedule 5 in relation to a particular application. |
2 Delegates
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| r17(3) |
60. Non-Complying Development
60.1 The power pursuant to Regulation 17(3) of the Regulations, after receipt of an application which relates to a kind of development that is described as non-complying development to:
60.1.1 refuse the application pursuant to Section 39(4)(d) of the Act and notify the applicant accordingly; or
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| r17(3) |
60. Non-Complying Development
60.1.2 resolve to proceed with an assessment of the application.
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2 Delegates
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| r17 |
60. Non-Complying Development
60.3 The power pursuant to Regulation 17(6) of the Regulations to determine that a proposed development is of a minor nature for the purposes of exemption from the requirements to provide a statement of effect. |
2 Delegates
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| r20(4) |
62. Amended Applications
62.1 The power pursuant to Regulation 20(4) of the Regulations to form the opinion that variations to an application are not substantial and that repeating of the referral process under Part 5 of the Regulations, or the giving of notice under Part 6 of the Regulations is not required.
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2 Delegates
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| r20(5) |
62. Amended Applications
62.2 The power pursuant to Regulation 20(5) of the Regulations, where a variation to an application changes the essential nature of a proposed development to (by agreement with the applicant) proceed with the variation on the basis that the application will be treated as a new application. |
2 Delegates
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| r22(2) |
63. Withdrawing/Lapsing Application
63.2 Where at least two years have passed since the date on which an application for development authorisation under Part 4 of the Act was lodged with the Council the power, pursuant to Regulation 22(2) of the Regulations to lapse the said application. |
2 Delegates
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| r23(2) |
64. Contravening Development
64.1 The power pursuant to Regulation 23(2) of the Regulations, by notice in writing to the applicant to decline to proceed with an application until proceedings under the Act have been concluded.
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2 Delegates
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| r29(1) |
69. Land Division Applications
69.2 The power pursuant to Regulation 29(2) of the Regulations, when a report from the Development Assessment Commission pursuant to Regulation 29(1) of the Regulations is not received by the Council within eight weeks or within such longer period as the Development Assessment Commission may require by notice in writing to the Council, to presume that the Development Assessment Commission does not desire to make a report. |
2 Delegates
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| r30(1) |
70. Underground Mains Area
70.1 The power pursuant to Regulation 30(1) of the Regulations to seek a report from the relevant electricity authority where the Delegate considers that an area should be declared an underground mains area.
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2 Delegates
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| r30(2) |
70. Underground Mains Area
70.2 The power pursuant to Regulation 30(2) of the Regulations to declare an area as an underground mains area. |
2 Delegates
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| r30(4) |
70. Underground Mains Area
70.3 The power pursuant to Regulation 30(4) of the Regulations, where a development includes the division of land within or partly within an underground mains area, to require, as a condition of the decision, that any electricity mains be placed underground. |
2 Delegates
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| s37AA |
71. Preliminary Advice and Agreement - Section 37AA
71.1 The power pursuant to Regulation 31A(6)(b) of the Regulations to determine that an application no longer accords with an agreement indicated by the prescribed body.
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2 Delegates
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| s37AA |
71. Preliminary Advice and Agreement - Section 37AA
71.2 The power pursuant to Regulation 31A(6) of the Regulations if:
71.2.1 a relevant authority permits an applicant to vary an application under Section 39(4) of the Act; and
71.2.2 the relevant authority determines that the application no longer accords with the agreement indicated by the prescribed body,
to refer the application (unless withdrawn) to the prescribed body:
71.2.3 to obtain a variation to the agreement under Section 37AA of the Act; or
71.2.4 to obtain a response from the prescribed body for the purposes of Section 37 of the Act.
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| s37AA |
71. Preliminary Advice and Agreement - Section 37AA
71.3 The power pursuant to Regulation 31A(7) of the Regulations if:
71.3.1 an application is withdrawn by the Applicant; and
71.3.2 the applicant sought to rely on an agreement under Section 37AA of the Act in connection with the application,
to notify the relevant prescribed body of the withdrawal of an application.
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| r31A(8) |
71. Preliminary Advice and Agreement - Section 37AA
71.4 The power pursuant to Regulation 31A(8) of the Regulations if:
71.4.1 an application is lapsed by a relevant authority under Regulation 22 of the Regulations; and
71.4.2 the applicant sought to rely on an agreement under Section 37AA of the Act in connection with the application,
to notify the relevant prescribed body of the lapsing of an application.
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| r31A(9) |
71. Preliminary Advice and Agreement - Section 37AA
71.5 The power pursuant to Regulation 31A(9) of the Regulations if:
71.5.1 an application seeks to rely on an agreement under Section 37AA of the Act in connection with the application; and
71.5.2 a notice of decision is issued by the relevant authority under Regulation 42 of the Regulations,
to send a copy of the notice to the prescribed body within 5 business days after the notice is given to the applicant under Regulation 42 of the Regulations. |
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| r32(5) |
71A. Public Notice Categories
71A.1 The power pursuant to Regulation 32(5) of the Regulations to determine that a form of development comprises 2 or more elements.
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| r34(3) |
72. Public Inspection of Certain Applications
72.3 The power pursuant to Regulation 34(3) of the Regulations to require that a person who has made a request under Regulation 34(2) of the Regulations verify his or her name, address and contact details in such manner as the Delegate thinks fit. |
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| r34(4) |
72. Public Inspection of Certain Applications
72.4 The power pursuant to Regulation 34(4) of the Regulations to form the opinion that the present or future security of a building would be jeopardised if plans, drawings, specifications or other documents or information relating to the assessment of a proposed development against the Building Rules were to be made available for inspection. |
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| r36 |
73. Response by Applicant
73.1 The power pursuant to Regulation 36 of the Regulations to extend the time within which an applicant may respond to any representation
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| s34(1)(b) |
74. Determination of Commission as Relevant Authority
74.1 Where the Development Assessment Commission is the relevant authority under Section 34(1)(b) of the Act:
74.1.1 in a case where the Minister has made a declaration under Section 34(1)(b)(iii) or 34(1)(b)(vi) of the Act, the duty pursuant to and in accordance with Regulation 38(2)(a)(i) of the Regulations to forward to the Development Assessment Commission any application received by the Council under the Act and the Regulations in relation to the matter together with accompanying documentation or information and, as appropriate, fees; and
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| s34(1)(b) |
74. Determination of Commission as Relevant Authority
74.1 Where the Development Assessment Commission is the relevant authority under Section 34(1)(b) of the Act:
74.1.2 in any case, the power pursuant to and in accordance with Regulation 38(2)(b) to provide a report on matters under Section 33(1) (as relevant). |
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| s34(1)(b)(iv) |
74. Determination of Commission as Relevant Authority
74.2 Where the Development Assessment Commission is the relevant authority under Section 34(1)(b)(iv) of the Act and the proposed development is to be undertaken within one kilometre of a boundary with the Council, the power, pursuant to Regulation 38(4) of the Regulations, to provide the Development Assessment Commission with comments on the proposed development.
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| r45(2) |
79. Scheme Description - Community Titles
79.1 The duty pursuant to Regulation 45(2) of the Regulations to endorse a scheme description under Section 3 of the Community Titles Act 1996 in the following terms:
79.1.1 All the consents or approvals required under the Development Act 1993 in relation to the division of the land (and a change in the use of the land (if any)) in accordance with the scheme description and the relevant plan of community division under the Community Titles Act 1996 have been granted.
OR
No consent or approval is required under the Development Act 1993 in relation to the division of land (or a change in the use of the land) in accordance with this scheme description.
This endorsement does not limit a relevant authority's right to refuse, or to place conditions on, development authorisation under the Development Act 1993 in relation to any other development envisaged by this scheme description.
Signed:
Dated:
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| r45(2) |
79. Scheme Description - Community Titles
79.2 The power pursuant to Regulation 45(2) of the Regulations to include in an endorsement of a scheme description under Section 3 of the Community Titles Act 1996, notes concerning conditions on any consent or approval, and notes concerning additional approvals that may be required in the future and to sign and date the endorsement. |
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| r47A |
81A. Minor Variation of Development Authorisation
81A.1 The power pursuant to Regulation 47A(1) of the Regulations, if a person requests the variation of a development authorisation previously given under the Act (including by seeking the variation of a condition imposed with respect to the development authorisation) to form the opinion that the variation is minor in nature and, if the delegate is satisfied that the variation is minor in nature, to approve the variation.
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| r48(2) |
82. Lapse of Consent or Approval
82.1 The power pursuant to Regulation 48(2) of the Regulations to extend the time when any consent or approval under Part 4 of the Act will lapse.
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| r51(4) |
83. Width of Roads and Thoroughfares
83.1 The power pursuant to Regulation 51(4) of the Regulations to dispense with the requirements of Regulation 51(1) and (3) dealing with the width of any proposed road or thoroughfare where the Delegate is of the opinion that the prescribed width is not necessary for the safe and convenient movement of vehicles or pedestrians or for underground services.
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| r51(6) |
83. Width of Roads and Thoroughfares
83.2 The power pursuant to Regulation 51(6) of the Regulations to dispense with the requirements of Regulation 51(5) dealing with the width of a road at the head of every cul-de-sac where it appears that the cul-de-sac is likely to become a through road. |
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| r52(1) |
84. Road Widening
84.1 The power pursuant to Regulation 52(1) of the Regulations to require a road widening if land to be divided abuts an existing road.
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| r53(1), (2) |
85. Requirement as to Forming of Roads
85.1 The power pursuant to Regulation 53(1) and (2) of the Regulations to specify the width of roads.
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| r53(4) |
85. Requirement as to Forming of Roads
85.2 The power pursuant to Regulation 53(4) of the Regulations to dispense with the requirements of Regulation 53(3) of the Regulations that adequate provision be made for the turning of vehicles at the head of a cul-de-sac where the Delegate is of the opinion that the cul-de-sac is likely to become a through road. |
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| r53(6) |
85. Requirement as to Forming of Roads
85.3 The power pursuant to Regulation 53(6) of the Regulations to dispense with the requirements of Regulation 53(5) dealing with the forming of footpaths, water-tables, kerbing, culverts and drains on proposed roads. |
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| r54(1) |
86. Construction of Roads, Bridges, Drains and Services
86.1 The power pursuant to Regulation 54(1) of the Regulations to require the paving and sealing of the roadway of proposed roads.
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| r55(1) |
87. Supplementary Provisions
87.1 The duty pursuant to Regulation 55(1) of the Regulations to consider and if appropriate approve a road location and grading plan for the forming of any proposed road, including every footpath, water-table, kerbing, culvert and drain.
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| r55(2) |
87. Supplementary Provisions
87.2 The duty pursuant to Regulation 55(2) of the Regulations to consider, and if appropriate approve, detailed construction plans and specifications signed by a professional engineer or licensed surveyor for all work referred to in Regulations 53 and 54 of the Regulations. |
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| r55(4) |
87. Supplementary Provisions
87.3 The duty pursuant to Regulation 55(4) of the Regulations to consider, and if appropriate accept, that all connections for water supply and sewerage services to any allotment delineated on a plan of division have been laid under the surface of a proposed road before the roadway is sealed. |
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| r58(1) |
88. General Land Division
88.1 The power pursuant to and in accordance with Regulation 58(1) of the Regulations to enter into a binding arrangement with an applicant for land division for the satisfaction of outstanding requirements.
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| r58(2) |
88. General Land Division
88.2 The power pursuant to and in accordance with Regulation 58(2) of the Regulations to advise the Development Assessment Commission that an applicant has entered into appropriate binding arrangements pursuant to Section 51(1) of the Act. |
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| r59(1) |
89. Division of Land by Strata Title
89.1 The power pursuant to Regulation 59(1) of the Regulations to advise the Development Assessment Commission that an applicant has entered into a binding arrangement with the Council for the satisfaction of the requirements of Section 33(1)(d) of the Act and that the arrangement is supported by adequate security.
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| r60(1) |
90. General Provisions
90.1 The power pursuant to and in accordance with Regulation 60(1) of the Regulations to enter into a form of arrangement with an applicant to the satisfaction of the Development Assessment Commission for the purposes of Section 51(1) of the Act.
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| r60(7) |
90. General Provisions
90.2 The power pursuant to Regulation 60(7) of the Regulations, for the purposes of Section 51(4) of the Act, to request (in such a manner as may be determined by the Development Assessment Commission) that a copy of a certificate or plan (or certificates and plans) referred to in Regulation 60(4) of the Regulations be furnished to the Council by sending a written copy to the Council. |
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| r60(9) |
90. General Provisions
90.3 The power pursuant to Regulation 60(9) of the Regulations to consult with the Development Assessment Commission before it grants an extension of the period prescribed by Regulation 60(8) of the Regulations. |
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