Fast-track fee and variation application under Act, s 39
91 Fast-track fee and variation application under Act, s 39
The fee (the fast-track fee) for a request made by an applicant under section 39 of the Act is payable in addition to the fee payable for a variation application.
If the chief executive refuses the request made under section 39 of the Act, the chief executive must refund the fast-track fee paid by the applicant.
The chief executive may refund the fee paid by the applicant for the variation application if—
for a variation application accompanied by a request under section 39 of the Act—the decision about the application made under that section is not made within 2 business days after the application is made; or
otherwise—a decision for the variation application is not made within 20 business days after the application is made.
In deciding whether to refund the fee under subsection (3), the chief executive must have regard to each of the following matters—
if the chief executive requested further information about the application, whether the applicant provided the information within a reasonable time;
the complexity of the building work that is the subject of the application, including—
the scale of the building work; and
whether the department made a request for specialist advice to decide the application.
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