Land Use Planning and Approvals Act 1993

A person, within 14 days after being served a notice under section 40U(1) containing a requirement that the person provide additional information, may request the Commission to consider whether the planning authority ought to have imposed the requirement.

The Commission, after receiving a request under subsection (1) in relation to a planning authority, may, by notice to the planning authority, require the planning authority to provide to the Commission any material, relevant to the request, that was in the possession of the planning authority before the day on which the Commission issued the notice.

A planning authority, within 7 days of receiving notice of a requirement under subsection (2), must comply with the requirement. Fine not exceeding 100 penalty units.

The Commission, within 28 days after receiving from a person a request under subsection (1) in relation to a requirement of a planning authority imposed by a notice under section 40T(1), or a longer period allowed by the Minister, must – direct the planning authority – to revoke the notice under section 40T(1) imposing the requirement; or to issue a new notice under section 40T(1) imposing a requirement that the person provide additional information specified in the notice from the Commission; or determine that the Commission is satisfied that the requirement was appropriate.

The Commission, within 7 days of making a direction or determination under subsection (4), must give notice of the direction or determination to the planning authority and the person who made the request under subsection (1) to which the direction or determination relates.

The period referred to in section 38(2) or (3) or section 40D(a) does not run in relation to a request under section 37(1) by a person while the Commission is determining a request under subsection (1) by the person.