Planning and Development, Maritime and Valuation (Amendment) Act 2022

17

Amendment of section 37L of Principal Act

17. Section 37L of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Where a person applies for substitute consent in respect of development of land under section 177E, the person may also apply for permission for the following:

(a) development of the land the subject of the application for substitute consent;

(b) development of land adjoining the land the subject of the application for substitute consent.”,

(b) in subsection (2), by the deletion of “to further develop a quarry”,

(c) by the substitution of the following subsection for subsection (3):

“(3) Development referred to in paragraph (a) or (b) of subsection (1) is not required to be the same as, or of the same description as, the development the subject of the application for substitute consent referred to in that subsection.”,

(d) by the substitution of the following subsection for subsection (5):

“(5) Where prior to the date of the coming into operation of section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022. an application for substitute consent has been made under section 177E, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission may be made under subsection (1) as substituted by that section 17, within 6 months of that date.”,

(e) by the substitution of the following subsection for subsection (6):

“(6) An application may not be made under subsection (1), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022., where a decision has been made by the Board in respect of the application for substitute consent referred to in subsection (1) as so substituted, prior to or on the date of the coming into operation of that section 17.”,

(f) by the substitution of the following subsection for subsection (7):

“(7) Where—

(a) subsection (5), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022., applies, and

(b) the applicant for substitute consent informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent, in this subsection referred to as the ‘first application’, that he or she intends to submit an application for permission under subsection (1), as substituted by that section 17, in this subsection referred to as the ‘second application’,

the Board shall, notwithstanding section 177P(1), not make its decision on the first application prior to—

(i) the date that is 6 months after the date of the coming into operation of that section 17,

(ii) the date the second application is received by the Board, or

(iii) the date the applicant for substitute consent informs the Board by notice in writing that he or she no longer intends to submit a second application,

whichever is the earlier.”,

(g) in subsection (8)—

(i) by the deletion of “in respect of a quarry”, and

(ii) by the substitution of “referred to in subsection (1)” for “in respect of that quarry”,

(h) in subsection (10), by the substitution of “environmental impact assessment report” for “environmental impact statement”,

(i) in subsection (11), by the substitution of “environmental impact assessment report” for “environmental impact statement”, and

(j) in subsection (12)(b), by the substitution of “paragraph (a)” for “subparagraph (a)”.