Planning and Development Act 2005

During the recovery period, the prospective applicant in relation to a development application that has not yet been made may notify the Minister that they want the application to be determined under section 274.

Subsection (3) applies if the Minister —

is notified under subsection (1); and

considers that the development application raises issues of such State or regional importance that it would be appropriate for the application to be determined under section 274.

During the recovery period, the Premier, on the Minister’s recommendation, may refer the development application to the Commission for determination under section 274.

During the extended recovery period, the prospective applicant in relation to a development application that has not yet been made may notify the Minister that they want the application to be determined under section 274.

Subsection (3C) applies if the Minister —

is notified under subsection (3A); and

considers that the development application raises issues of such State or regional importance that it would be appropriate for the application to be determined under section 274.

During the extended recovery period, the Premier, on the Minister’s recommendation, may refer the development application to the Commission for determination under section 274.

Subsection (5) applies if —

before or during the extended recovery period, a person makes a development application (otherwise than to the Commission under section 271); and

the Minister considers that the development application raises issues of such State or regional importance that it would be appropriate for the application to be determined under section 274.

During the extended recovery period, the Premier, on the Minister’s recommendation, may —

direct any person or body who is dealing with the development application to refer the application to the Commission for determination under section 274; or

if the Commission is dealing with the development application — direct the Commission to determine the application under section 274.

However, the Premier cannot give a direction under subsection (5) if the development application has already been determined, or been taken to be determined, by a normal decision‑maker (whether or not the determination is to be reviewed by the State Administrative Tribunal or otherwise challenged).

The Premier, within 14 days after the day on which a direction is given under subsection (5), must cause a copy of it to be published in the Gazette and, as soon as is practicable, must cause a copy of it to be laid before each House of Parliament or dealt with under section 268A.