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ARTICLE · 16 DECEMBER 2012

Transitional risk with current IDAS forms following introduction of SPOLA Act

This article explains why development proponents run the risk of submitting applications that are 'not properly made'.

AustraliaReal Estate and Construction

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.

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