When particular applications must be refused
173 When particular applications must be refused
The administering authority must refuse an application if the applicant is not a registered suitable operator.
Subsection (3) applies to a development application if, under section 115, the application is taken to also be an application for an environmental authority and either of the following applies—
the administering authority or planning chief executive is a referral agency for the development application and directs the assessment manager for the application to—
refuse the application; or
give any development approval only as a preliminary approval;
the administering authority or planning chief executive is the assessment manager for the development application and decides to—
refuse the application; or
give a preliminary approval even though the development application sought a development permit.
The administering authority must refuse the application for an environmental authority.
This section applies despite sections 170, 171 and 172.
In this section—
preliminary approval means a preliminary approval under the Planning Act.
This Act’s bill:Explanatory memorandum
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