Division 4

Referral agency’s assessment

In force

Table 1—Assessable development under s 5
Column 1	Column 2
1 Development application requiring referral	Development application for operational work that is assessable development under section 5, other than an application—
	(a) for operational work relating to reconfiguring a lot stated in table 2, item 1, column 2; or
	(b) for operational work relating to a material change of use stated in table 3, item 1, column 2; or
	(c) that the chief executive is the assessment manager for
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral	The fee that would be payable to the chief executive if the chief executive were the assessment manager

Table 2—Reconfiguring a lot that is assessable development under s 21
Column 1	Column 2
1 Development application requiring referral	Development application for reconfiguring a lot that is assessable development under section 21, if—
	(a) a lot that the application relates to is 5ha or larger; and
	(b) the size of any lot created is 25ha or less; and
	(c) either—
	(i) the reconfiguration involves operational work that is assessable development under section 5, other than operational work that is only the clearing of regulated regrowth vegetation; or
	(ii) on any lot created, accepted operational work, other than operational work that is only the clearing of regulated regrowth vegetation, may be carried out
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral—
(a) if the reconfiguration involves a material change of use stated in table 3, item 1, column 2	Nil
(b) if paragraph (a) does not apply and the reconfiguration is rearranging the boundaries of a lot	1,714 fee units
(c) if paragraph (a) does not apply and the reconfiguration is the subdivision of 1 lot into 2 lots on premises that do not include an endangered regional ecosystem, of concern regional ecosystem or essential habitat for protected wildlife	3,430 fee units
(d) if paragraphs (a), (b) and (c) do not apply	6,859 fee units

Table 3—Material change of use that is a prescribed material change of use
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises that is a prescribed material change of use and relates to a lot that is 5ha or larger, if—
	(a) the application—
	(i) is for a preliminary approval that includes a variation request; and
	(ii) relates to a lot that contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; and
	(iii) is for a material change of use, other than a non-referable material change of use; or
	(b) the application is not stated in paragraph (a) and all of the following apply—
	(i) the material change of use does not involve prescribed clearing;
	(ii) accepted operational work may be carried out because of the material change of use, or the material change of use involves operational work that is assessable development under section 5;
	(iii) the accepted operational work or assessable operational work includes development other than the clearing of regulated regrowth vegetation on freehold land, indigenous land, land the subject of an occupation licence under the Land Act, or land the subject of a lease given under the Land Act for agriculture or grazing purposes
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral—
(a) if the material change of use—	3,430 fee units
(i) does not involve reconfiguring a lot, or involves reconfiguring a lot that is the subdivision of 1 lot into 2 or rearranging the boundaries of a lot; and
(ii) is on premises that do not include an endangered regional ecosystem, of concern regional ecosystem or essential habitat for protected wildlife
(b) otherwise	6,859 fee units

sch 10 pt 3 div 4 amd 2018 Act No. 7 s 47 (2); 2018 SL No. 91 s 15 (3)–(4); 2019 SL No. 104 s 16 (3)–(4); 2020 SL No. 163 s 12 (3)–(4); 2021 SL No. 78 s 12 (3)–(4); 2022 SL No. 75 s 13(5)–(9); 2026 SL No. 134 s 7(3)–(4)

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.