Time for Approval. (1) The Minister must, subject to clause 20(2), decide a Development Application within 20 days of the lodgment of the Development Application. (2) If a Development Application relates to Regulated Development comprising Work as well as a Material Change of Use or Reconfiguring a Lot, the Minister must decide that component of the Development Application being— (a) the Material Change of Use or Reconfiguring a Lot within 20 days of the lodgment of the Development Application; and (b) the Work within 20 days after the approval of the Material Change of Use or Reconfiguring a Lot. (3) The Minister may extend the decision making period specified in clause 20(1) and (2) by not more than 20 days by written notice given to the Trustee before the end of the decision making period. (4) If the Minister at any time during the period specified in clause 20(1) and (2) or as extended by clause 20(3) requests the Trustee to provide further information relevant to the Development Application, the days between the date that the information is requested and the date that the information is provided, inclusive of both dates, shall not be counted in the period specified in clause 20(1) and (2) or as extended by clause 20(3). (5) If the Minister has not within the time specified in clause 20(1) and (2) or as extended by clause 20(3) advised the Trustee of the Minister’s decision— (a) that the Development Application has to be resubmitted for non-compliance with clause 15(4), giving particular reasons for the determination as to the non-compliance; or (b) that the Development Application is approved in whole or in part; or (c) that a notice pursuant to clause 18(1) has already been issued covering the topic of the Development Application; or (d) that a notice pursuant to clause 18(1) is hereby issued; then the Trustee may at its discretion advise that a Development Approval will be deemed to be in effect by formally advising the Minister. (6) If no written response as required herein has been received within 2 days of the Trustee’s notice being served, a Development Approval is deemed to be in effect and the Trustee may proceed with the Regulated Development for which approval was sought.
Appears in 1 contract
Sources: Breakwater Island Casino Agreement Amendment Act 2006
Time for Approval. (1a) The Minister must, subject to clause 20(220(b), decide a Development Application within 20 days of the lodgment of the Development Application.
(2b) If a Development Application relates to Regulated Development comprising Work Works as well as a Material Change of Use or Reconfiguring a Lot, the Minister must decide that component of the Development Application being—
(ai) the Material Change of Use or Reconfiguring a Lot within 20 days of the lodgment lodgement of the Development Application; and
(bii) the Work Works within 20 days after the approval of the Material Change of Use or Reconfiguring a Lot.
(3c) The Minister may in the case of a Development Application (other than a Development Application involving only Works) extend the decision making period specified in clause 20(120(a) and (2b) by not more than 20 days by written notice given to the Trustee Company before the end of the decision making period.
(4d) If the Minister at any time during the period specified in clause 20(120(a) and (2b) or as extended by clause 20(320(c) requests the Trustee Company to provide further information relevant to the Development Application, the days between the date that the information is requested and the date that the information is provided, inclusive of both dates, shall not be counted in the period specified in clause 20(120(a) and (2b) or as extended by clause 20(320(c).
(5e) If the Minister has not advised the Company of the Minister’s decision within the time specified in clause 20(120(a) and (2b) or as extended by clause 20(3) advised the Trustee of the Minister’s decision20(c)—
(ai) that the Development Application has to be resubmitted for non-compliance with clause 15(4)resubmitted, giving particular reasons for the determination as to the non-complianceapproval; or
(bii) that the Development Application is approved in whole or in partsubject to particular conditions being undertaken; or
(ciii) that a notice pursuant to clause 18(118(a) has already been issued covering the topic of the Development Application; or
(div) that a notice pursuant to clause 18(118(a) is hereby issued; then the Trustee Company may at its discretion advise that a Development Approval deemed approval will be deemed to be in effect by formally advising the Minister.
(6f) If no written response as required herein has been received within 2 days of the TrusteeCompany’s notice being served, a Development Approval the Minister’s approval is deemed to be in effect and the Trustee Company may proceed with the Regulated Development for which approval was sought.
Appears in 1 contract
Sources: Brisbane Casino Agreement
Time for Approval. 14
(1) The Minister must, subject to clause 20(2), decide a 15 Development Application within 20 days of the lodgment of 16 the Development Application.. 17
(2) If a Development Application relates to Regulated 18 Development comprising Work as well as a Material Change 19 of Use or Reconfiguring a Lot, the Minister must decide that 20 component of the Development Application being—— 21
(a) the Material Change of Use or Reconfiguring a Lot 22 within 20 days of the lodgment of the Development 23 Application; andand 24
(b) the Work within 20 days after the approval of the 25 Material Change of Use or Reconfiguring a Lot.. 26
(3) The Minister may extend the decision making period 27 specified in clause 20(1) and (2) by not more than 20 days by 28 written notice given to the Trustee before the end of the 29 decision making period.. 30
(4) If the Minister at any time during the period specified in 31 clause 20(1) and (2) or as extended by clause 20(3) requests 32 the Trustee to provide further information relevant to the 33 Development Application, the days between the date that the 34 information is requested and the date that the information is 1 provided, inclusive of both dates, shall not be counted in the 2 period specified in clause 20(1) and (2) or as extended by 3 clause 20(3).. 4
(5) If the Minister has not within the time specified in clause 5 20(1) and (2) or as extended by clause 20(3) advised the 6 Trustee of the Minister’s decision—— 7
(a) that the Development Application has to be resubmitted 8 for non-compliance with clause 15(4), giving particular 9 reasons for the determination as to the non-compliance; or10 or 11
(b) that the Development Application is approved in whole 12 or in part; oror 13
(c) that a notice pursuant to clause 18(1) has already been 14 issued covering the topic of the Development 15 Application; oror 16
(d) that a notice pursuant to clause 18(1) is hereby issued; 17 then the Trustee may at its discretion advise that a 18 Development Approval will be deemed to be in effect by 19 formally advising the Minister.. 20
(6) If no written response as required herein has been received 21 within 2 days of the Trustee’s notice being served, a 22 Development Approval is deemed to be in effect and the 23 Trustee may proceed with the Regulated Development for 24 which approval was sought.. 25 21 Schematic Design Drawings 26 If Development involving Work is commenced on the 27 Breakwater Island Casino-Hotel Complex or the Site, the 28 Trustee shall, as soon as is reasonably practicable, upon the 29 completion of that Work submit to the Chief Executive 30 amended Schematic Design Drawings that incorporate the 31 Work. 32 22 Casino to comply 1 The Trustee shall ensure that all materials, fittings and 2 equipment utilised in operation of the Casino shall be of a 3 high standard of manufacture and of a quality commensurate 4 with an international class casino-hotel. 5
Appears in 1 contract
Sources: Breakwater Island Casino Agreement