Land Use Planning and Approvals Act 1993

If – the applicant for a permit is not the owner of the land in respect of which the permit is required; and the land is not – Crown land, within the meaning of the Crown Lands Act 1976; or land owned by a council; or land administered by the Crown or a council; and the planning scheme does not provide otherwise – the applicant must include in the application for the permit a declaration that the applicant has notified the owner of the intention to make the application.

Subsection (1) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995, if a mining lease, or a production licence, has been issued under that Act which authorises those operations.

If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976, is owned by a council or is administered or owned by the Crown or a council and a planning scheme does not provide otherwise, the application must – be signed by the Minister of the Crown responsible for the administration of the land or by the general manager of the council; and be accompanied by the written permission of that Minister or general manager to the making of the application.

The Minister of the Crown administering the Crown Lands Act 1976 may delegate his or her functions under subsection (1B) to the Director-General of Lands.

The Director-General of Lands may delegate to a person prescribed for the purposes of section 71(2) of the Crown Lands Act 1976 a function delegated to the Director-General under subsection (1D).

A Minister of the Crown administering land administered or owned by the Crown, other than the Minister of the Crown administering the Crown Lands Act 1976, may delegate to any person the Minister considers appropriate his or her functions under subsection (1B).

The general manager of a council may delegate to an employee of the council his or her functions under subsection (1B).

If land in respect of which an application for a permit is required is Crown land, within the meaning of the Crown Lands Act 1976, subsection (1B) does not apply to an application for a permit to carry out mining operations, within the meaning of the Mineral Resources Development Act 1995, if a mining lease, or a production licence, has been issued under that Act which authorises those operations.

A person must not obtain or attempt to obtain a permit by wilfully making or causing to be made any false representation or declaration either orally or in writing. Fine not exceeding 20 penalty units.

A provision in a planning scheme is of no effect to the extent that it provides that an application for a permit by a person who is not the owner of the land in respect of which the permit is required must be signed by, or accompanied by the written permission of, the owner.