Division 2 Crown activities
69 Crown exemption from approval to do things incidental to
erection or demolition of building
Section 68 does not require the Crown or a person prescribed by
the regulations to obtain the approval of a council to do anything that is
incidental to the erection or demolition of a
70, 71 (Repealed)
72 Determination of applications by the Crown
(1) A council, in respect of an application for approval made by the
Crown or a person prescribed by the regulations, must not:
(a) refuse to grant approval, except with the written consent of the
(b) impose a condition of an approval, except with the written consent
of the Minister or the applicant.
(2) If the council proposes to refuse to grant approval or to impose a
condition of approval, it must immediately notify the
(3) After the applicant is so notified, the council must submit to the
(a) a copy of the application for approval, and
(b) details of its proposed determination of the application,
(c) the reasons for the proposed determination,
(d) any relevant reports of another public
(4) The applicant may refer the application to the Minister whether or
not the council complies with subsection (3).
(5) After receiving the application from the council or the applicant,
the Minister must notify the council and the applicant of:
(a) the Minister’s consent to the refusal of approval,
(b) the Minister’s consent to the imposition of the
council’s proposed conditions, or
(c) the Minister’s intention not to agree with the
council’s proposed refusal and the period within which the council may
submit any conditions it wishes to impose as conditions of approval,
(d) the Minister’s refusal to agree with the council’s
proposed conditions and any conditions to which the Minister’s consent
may be assumed.
(6) At the end of the period specified in subsection (5) (c), the
Minister must notify the council and the applicant:
(a) whether the Minister consents to the imposition of any of the
conditions submitted by the council during that period and, if so, which
(b) of the conditions to which the Minister’s consent may be
(7) The Minister must notify the council and the applicant of the
reasons for a decision under subsection (5) or (6).
(8) If the council does not determine the application within the
period notified by the Minister for the purpose, the council is taken, on the
expiration of that period, to have determined the application in accordance
with the Minister’s consent.
73 Effect of council’s failure to determine Crown
(1) If the council does not determine an application to which section
72 applies within the relevant period specified in section 105, the council is
taken, on the expiration of that period, to have refused the
(2) If the application is taken to have been refused, the applicant
may refer the application to the Minister for
(3) The Minister may determine an application so referred to the
(4) The Minister’s determination has effect as if it were a
determination of the council.
74 Prohibition on appeals concerning Crown
No review or appeal lies against a determination that the council
is taken to have made under section 72 (8) or a decision or determination of
the Minister under section 72 or 73.