Land owned or permit required by responsible authorities
96 Land owned or permit required by responsible authorities
S. 96(1) amended by No. 86/1989 s. 5(3)(a).
A responsible authority must obtain a permit from the Minister before carrying out any use or development for which a permit is required under the planning scheme for which it is the responsible authority unless the planning scheme exempts the land, use or development from this subsection.
S. 96(2) amended by No. 86/1989 ss 4(2)(c), 5(3)(b).
A person other than the responsible authority must obtain the consent of the responsible authority and a permit from the Minister before carrying out any use or development on any land managed (whether as committee of management or otherwise) occupied or owned by the responsible authority for which a permit is required under the planning scheme for which it is the responsible authority unless the planning scheme exempts the land, use or development from this subsection.
The consent of the responsible authority under subsection (2) may be subject to any specified conditions to be included in the permit.
S. 96(4) amended by No. 81/2004 s. 35.
Divisions 1, 1A, 2, 3 and 5 apply to an application or permit under this section as if the Minister were the responsible authority.
The Minister may exercise the powers of a responsible authority under this Act in relation to the administration and enforcement of any permit granted under this section to a person other than a responsible authority as if the Minister were the responsible authority.
S. 96(6) amended by No. 86/1989 s. 4(2)(d).
If a responsible authority ceases to manage occupy or own the land for which a permit has been granted under this section—
the Minister must cease to act as the responsible authority in relation to the permit for the purposes of subsections (4) and (5)—
if the responsible authority is carrying out the use or development, upon the completion of that use or development; or
in any other case, immediately; and
once the Minister ceases to act, the responsible authority must carry out its functions in relation to the permit as if it had granted the permit.
If a permit is granted under this section to use or develop any land a further permit is not needed under Division 1 for the use or development.
S. 96(8) substituted by No. 86/1989 s. 4(2)(e), repealed by No. 89/1997 s. 75(2).
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Pt 4 Div. 5 (Heading and ss 96A–96N) inserted by No. 77/1996 s. 14.
Division 5—Combined permit and amendment process[22]
S. 96A inserted by No. 77/1996 s. 14.
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