Planning (COVID-19 Emergency Response) Regulation 2020

1Short title

This regulation may be cited as the Planning (COVID-19 Emergency Response) Regulation 2020.

2Declaration

This regulation is made under the COVID-19 Emergency Response Act 2020, section 9.

3Definitions

The dictionary in schedule 1 defines particular words used in this regulation.

4Application of part

This part applies in relation to a development application or change application if—

(a)the applicant for the application must give notice of the application under the Planning Act 2016, section 53(1); and

(b)before the commencement, notice of the application had not been given in the way mentioned in the development assessment rules, section 17.1(a).

5Modification of development assessment rules

The development assessment rules apply in relation to the development application or change application as if—

(a)the reference in section 17.1(a) of the rules to a newspaper circulating generally in the locality of the premises the subject of the application were a reference to—

(i)a hard copy local newspaper for the locality of the premises the subject of the application; or

(ii)if there is no hard copy local newspaper for the locality of the premises the subject of the application—an online local newspaper for the locality; and

(b)the requirement under section 17.3 of the rules for a notice under section 17.1(a) of the rules to be given in a particular way were a requirement that—

(i)for a notice published in a hard copy local newspaper—the notice must comply with the relevant public notice requirements for the application; and

(ii)for a notice published in an online local newspaper—the notice must include the relevant information for the application.

6Publicly notifying applications if no local newspaper

(1)This section applies in relation to the development application or change application if there is no local newspaper for the locality of the premises the subject of the application.

(2)The applicant for the development application or change application is taken to have complied with the applicable rules if—

(a)during the response period, notice of the application is given in 1 or more of the following ways—

(i)by publishing, at least once in a hard copy State or national newspaper, a notice that complies with the relevant public notice requirements for the application;

(ii)by publishing, at least once in an online State or national newspaper, a notice that includes the relevant information for the application;

(iii)by giving a notice that complies with the relevant public notice requirements for the application to the occupier of each lot in the identified area for the application;

(iv)if the assessment manager for the application publishes development applications and change applications on its website under the Planning Regulation 2017, schedule 22, section 7—by publishing on the website a notice that includes the relevant information for the application; and

(b)for a notice published in a way mentioned in paragraph (a)(iv)—

(i)the notice is published on the website until at least the end of the day stated in the notice under the Planning Act 2016, section 53(4)(b); and

(ii)the stated day is no later than 18 December 2020.

(3)The Planning Act 2016, section 53 applies in relation to the development application or change application as if—

(a)the reference in section 53(3) of that Act to requirements of the development assessment rules about the notice includes a reference to subsection (2)(a) and (b)(i); and

(b)the reference in section 53(7) of that Act to the development assessment rules includes a reference to subsection (2).

(4)In this section—

applicable rules means—

(a)the development assessment rules, section 17.1(a), as modified by section 5(a); and

(b)a requirement under the development assessment rules, section 17.3, as modified by section 5(b), applying to a notice given under section 17.1(a) of the rules.

identified area, for a development application or change application, means an area identified by the assessment manager for the application as having occupiers that are likely to be interested in the application.

State or national newspaper means a newspaper that—

(a)is published in Australia; and

(b)primarily publishes news in relation to the State or Australia; and

(c)is intended for a State-wide or nation-wide readership.

7Public access to documents

(1)This section applies in relation to a person (a document holder) who, under the Planning Act 2016, section 264(4), must or may keep a document available for inspection and purchase, or for inspection only, if—

(a)a person asks to inspect the document; and

(b)the document holder is satisfied it is appropriate to give a copy of the document to the person, rather than allow the person to inspect the document under the Planning Act 2016, section 264(5)(a)(i) or (b)—

(i)to protect the health, safety and welfare of persons affected by the COVID-19 emergency; or

(ii)to facilitate the continuance of public administration disrupted by the COVID-19 emergency.

(2)The document holder is taken to have complied with the Planning Act 2016, section 264(5)(a)(i) or (b) if, during the response period, the document holder gives the person a copy of the document.

(3)The Planning Act 2016, section 264(7) applies in relation to the giving of the document under this section.

8Expiry

This regulation expires on 31 December 2020.

section 3

local newspaper, for a locality, means a newspaper that—

(a)primarily publishes news in relation to the locality or a region that includes the locality; and

(b)is intended for a local or regional, rather than State-wide or nation-wide, readership; and

(c)contains a section for the publication of notices for members of the public.

relevant information means—

(a)for a development application—the information about the application that must be included in a notice under the development assessment rules, schedule 3, part 1B; or

(b)for a change application—the information about the application that must be included in a notice under the development assessment rules, schedule 3, part 2B.

relevant public notice requirements means—

(a)for a development application—the requirements stated in the development assessment rules, schedule 3, part 1B; or

(b)for a change application—the requirements stated in the development assessment rules, schedule 3, part 2B.

response period means the period—

(a)starting on the commencement; and

(b)ending on 31 December 2020.