When the Sustainable Planning and Other Legislation Amendment Act (No 2) 2012 took effect on 22 November 2012, it created a transitional risk for those planning to lodge development applications in the near future, as the existing IDAS forms are currently inconsistent with the amended Sustainable Planning Act.
Partner James Ireland and associate Olivia Williamson explain why the introduction of the new Act means that development proponents may run the risk of submitting applications that are 'not properly made'.
Key points
- Under the new Act, provisions of the Sustainable Planning Act 2009 have commenced in relation to State resources and owner's consent. However, corresponding provisions have not yet taken effect in the Sustainable Planning Regulation 2009, and the Department of State Development, Infrastructure and Planning is yet to update the approved IDAS forms.
- As a result, the existing IDAS forms are currently inconsistent with the Sustainable Planning Act (as amended), particularly Question 9 of IDAS Form 1 and the various development assessment checklists addressing whether the application involves a state resource.
What to do until this issue is resolved
The Department is aware of this issue and has advised that amended forms will be available by 21 December 2012.
In the meantime, we suggest that those intending to lodge a development application before 21 December consider delaying lodgement until the forms have been updated. Development applications that do not use the approved IDAS forms or contain the required mandatory information run the risk of being 'not properly made'.
We also recommend that those who have lodged a development application on or since 22 November 2012 consider resubmitting the IDAS forms using the amended approved forms once they become available.
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