Pre-existing applications subject to Ministerial call in or direction
51I Pre-existing applications subject to Ministerial call in or direction
This section applies if—
before 18 July 2025, the pre-existing application was called in; or
before 18 July 2025—
the Minister gave a direction under section 95(1)(b) of the Act to not decide the pre-existing application within a stated period; and
the stated period had not ended.
The process for administering the pre-existing application—
stops on the commencement of section 51F(a) and (b); and
restarts on the day the applicant gives the decision-maker for the application—
a social impact assessment report for the application that complies with section 106W(1) of the Act, or a notice given by the chief executive under section 106ZE(1)(a) of the Act stating that a social impact assessment report is not required for the application; and
each community benefit agreement for the application required under section 106Z(1) of the Act or entered into under section 106Z(2) of the Act, or a notice given by the chief executive under section 106ZE(1)(b) of the Act stating that a community benefit agreement is not required for the application; and
if, under paragraph (a), the process stops during the decision period—restarts from the start of the decision period.
In this section—
decision-maker means—
if subsection (1)(a) applies—the Minister; or
if subsection (1)(b) applies and the pre-existing application is a development application—the assessment manager; or
if subsection (1)(b) applies and the pre-existing application is a change application—the responsible entity.
decision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application.
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