Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_44d
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 44D
Character Range: 465843–467365

44D  Processing development applications after notice
 (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.
 (2) After receiving the application under subsection (1), the Commonwealth Minister must:
 (a) give development approval for the use and development of the land; or
 (b) refuse to give development approval for the use and development of the land; or
 (c) refer the application back to the Chief Executive Officer with directions to take specified further actions.
 (3) An approval may be subject to conditions.
 (4) Without limiting the conditions which may be imposed, conditions of approval may include:
 (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and
 (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.
 (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.
 (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.