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s 4

Meaning of consent authority

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Part 1Preliminary

4 Meaning of consent authority

(1)

Subject to subsections (4) and (6), if a Division of the

Development Consent Authority is not established in relation to an area of land, the Minister is the consent authority in relation to the land.

(2)

Subject to subsections (3) and (5), if a Division of the

Development Consent Authority is established in relation to an area of land, the Division is the consent authority in relation to the land.

(3)

If the Minister is nominated under section 31(3) as the consent authority in relation to an interim development control order, the

Minister is the consent authority in relation to:

(a)

if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or

(b)

if the order does not specify that it only relates to a type of development – the land to which the order relates.

(4)

If a Division of the Development Consent Authority is nominated under section 31(3) as the consent authority in relation to an interim development control order, the Division is the consent authority in relation to:

(a)

if the order only relates to a type of development specified in the order – development of that type on the land to which the order relates; or

(b)

if the order does not specify that it only relates to a type of development – the land to which the order relates.

(5)

If the Minister directs the Development Consent Authority under section 85(3), the Minister is the consent authority in relation to the particular development application to which the direction relates.

(6)

If a Division of the Development Consent Authority is not established in relation to an area of land to which a concurrent application relates, the consent authority in relation to the land is the person or body appointed under section 30D(6)(b) to be the consent authority for the application.

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