Transport Infrastructure Act 1994

This section applies if—

a development application or a change application (each a planning application) is made under the Planning Act; and

the planning chief executive is—

if the planning application is a development application—the assessment manager or a referral agency for the application; or

if the planning application is a change application—the responsible entity for the application; and

the proposed development involves constructing or changing a vehicular access between the land the subject of the application (the subject land) and a State-controlled road; and

either—

the chief executive has not made a decision under section 62(1) in relation to the subject land; or

the chief executive has made a decision under section 62(1) in relation to the subject land, but the chief executive did not take the proposed development into account in making the decision.

The planning application is taken to also be an application for a decision under section 62(1).

If the planning application lapses, or is changed or withdrawn, under the Planning Act, the application for a decision under section 62(1) also lapses, or is taken to have been changed or withdrawn.

To remove any doubt, it is declared that this section applies even if the applicant for the planning application does not have an interest in the subject land.

In this section—

for a development application—the development the subject of the application; or

for a change application—the development the subject of the development approval to which the change application relates, as the development is proposed to be changed under the change application.