Planning and Development Act 2005

If the significant development application to which an application for review under section 171Y(1) or (2) relates was made with the authorisation of the Premier under section 171M(3), the application for review must be heard by the State Administrative Tribunal, and determined by the Minister under section 247, as if the Minister had given a direction under section 246(2)(b) in relation to the application for review.

If the significant development application to which an application for review under section 171Y(1) or (2) relates was not made with the authorisation of the Premier under section 171M(3), the Minister cannot give a direction under section 246(2)(a) in relation to the application for review.

Subsection (2) does not affect the Minister’s power to give a direction under section 246(2)(b).

For the purposes of subsections (1) and (2), the significant development application to which an application for review under section 171Y(1) or (2) relates is —

in the case of an application for review under section 171Y(1) — the significant development application referred to in section 171Y(1); or

in the case of an application under section 171Y(2) — the significant development application determined by granting the approval of development to which the application under section 171X referred to in section 171Y(2) relates.