Land Use Planning and Approvals Act 1993

In this section – relevant legislative instrument means – this Act or the Local Government Act 1993; or a regulation made under this Act or a by-law or regulation made under the Local Government Act 1993; valid application for a permit means an application for a permit that is, in accordance with section 51(1AC), a valid application for a permit for the purposes of section 51(1AB).

Despite section 86, a planning authority is not entitled – to refuse to take an action in relation to determining whether or not an application for a permit is valid; or to refuse to accept a valid application for a permit – on the ground that a fee, under a relevant legislative instrument, for an application for a permit has not been paid, unless – the planning authority has, before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit, demanded the payment of the fee; and the fee has not been paid within the 21-day period after the day on which the demand is made.

If – the planning authority has demanded payment of a fee, under a relevant legislative instrument, for an application for a permit before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit; and the fee has been paid within the 21-day period after the day on which the demand is made – the application, if it is a valid application, is taken for the purposes of this Act to have been received on the day on which the fee is paid.

If the planning authority has not demanded payment of a fee, under a relevant legislative instrument, for an application for a permit before, or within 4 business days after, the day on which a person lodges, or attempts to lodge, with the planning authority, the application for the permit – the planning authority, despite section 86, is not entitled to refuse to take any action in relation to the application for the permit; and the application, if it is a valid application, is taken for the purposes of this Act to have been received on the fifth business day after the day which the person lodges, or attempts to lodge, with the planning authority, the application for the permit.