Planning Act 1999

A person or body may make a submission about a proposal to the

Commission.

The submission must be in writing and lodged with the Commission within the exhibition period.

To be received by the Commission, a submission must:

state the name and contact details of the person or body making the submission; and

in the case of a body or group of persons making the submission:

designate a person as the representative of the body or group;

and

state the name and contact details of the representative; and

be signed by the person making the submission or, in the case of a body or group of persons, the representative.

A local government council may give the Commission advice or comment on a proposal.

Any advice or comment given by a local government council is taken not to be a submission under this section or section 30N if the advice or comment does not oppose or contradict the application.

The Commission must conduct a hearing if:

the Commission receives a submission; and

the Chairperson is satisfied that a hearing would provide further useful information.

If the Commission intends to not conduct a hearing, it must:

notify the local government council and each person or body who made a submission of that intention; and

give the local government council and those persons and bodies a reasonable opportunity to respond to the notice.

The Commission must consider any responses given in response to the notice before deciding not to conduct a hearing.

If the Commission conducts a hearing, it must invite the local government council and each person or body who made a submission to appear at the hearing and be heard in relation to the proposal.

The hearing is to be conducted by the Chairperson, or as otherwise determined by the Chairperson, with a minimum of formality and in a manner that ensures procedural fairness.