001AD296.001

INTEGRATED PLANNING ACT 1997                                                                                            Part A, Version 3.1, 3 March 2008
        General advice
        e         Part A of IDAS Development Application Form 1 must be compteted and accompany all development applications. The applicant is responsible
                  for answering all questions fully and correctly, untess following a response there is a statement to go directly to ancther question. The
                  Assessment Manger may refuse to receive an application that is not property made.
        °         The DAS Assessment Checklist must also be completed for all development applications, other than those requiring assessment against the
                  Building Act 1975 only, i.e. those applications requiting the completion of Parts A and B only.
        Applicant details
        °         If the applicant is a company or organisation, a contact person must be nominated. The applicant's signature is not required to be provided
                   under the IPA.
        Details of the premises
        e          The term ‘premises’ is defined by the IPA, schedule 40 to mean a building or other structure, and land (whether or not a building or other
                   structure is situated on the land). The term ‘land’ is also defined to include the estate in, on, over or under the land.
        °          Details of the land are not required if the application involves @ mobile and temporary Environmentally Relevant Activity only. Instead complete
                   Table A.
        °          The premises may be identified in a number of ways -
                   « Street address and fot on plan are most common and will apply to most applications.
                   + Coordinates may provide the best means of accurately identifying the location of development proposed in waters, or on a relatively small
                      development site distant from property boundaries on a large lot. Sufficient coordinates need to be provided to identify the boundary of the
                      premises the subject of the application. Eastings and northings using GDAS4 datum is preferred, but longitude and latitude and other
                      (specified) datum such as Zone Reference or GS84 may be provided.
         °         The definition of ‘water body’ and ‘watercourse’ can vary from Act to Act
         e         StrategicPortLandis within a local government area but a local government's planning scheme does not apply onStrategicPortLand.
O                  StrategicPortLandis declared under the Transport infrastructure Act 1994. For further information go to IDAS Guide 41 (Development on
                   strategic port land) and the Queenstand Transport (Ports) website.
         e          “Tidal water is defined in the Coastaf Protection and Management Act 1995 (Schedule) and ‘tidal area’ for a focal govern ment and for strategic
                    port land is defined in the IPA {schedule 10). Generally, the area below ‘high-water mark’ (defined by the Coastal Act in relation to high water
                    mark at spring tides) establishes the boundary of a tidal area. Land below high water mark is not within a local governments area unless
                    provided for under the Local Govemment Act 1993. Unless otherwise provided for by legislation, a toca! government has no jurisdiction below
                    high water mark. A tidal area for strategic port land is within the jurisdiction of the relevant port authority, while the Environmental Protection
                    Agency generally has jurisdiction for a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and
                    deciding applications for prescribed tidal works within the local government tidal area, and the planning scheme may be applied to that
                    assessment (to the extent provided for in the code for prescribed tidal work).
          Resource entitlement
          °         Section 3.2.1(5) of the IPA requires evidence of resource entitlement be given for applications if they involve taking or interfering with a
                    prescribed State resource. Schedule 10 of the Integrated Planning Regulation 1998 {IPR) prescribes the State resources, including State-
                    owned land, where evidence is required to be given, and the evidence required to support the application. Link to Integrated Planning
                    Regulation. Section 3.2.1(10}{a){ii) states an application cannot be taken to be property made without the required evidence.
          6         For applications involving the taking or interfering with water under the Water Act, the development application may be made at the same
                    time as the request for resource entitlement, and the Department of Natural Resources and Water will accept the application as properly made.
          °          For State-controlled roads, a resource entitlement is not required for an activity that is exempt ancillary works or encroachment (identified by
                     gazette notice under the Transport Infrastructure Act 1994, section 50), or if the activity requires referrat to the Department of Main Roads.
          °          Evidence may be required from more than one Department responsible for a State-owned resource, €.9. from the Environmental Protection
                     Agency for quarry materia! below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land
O                    above high water mark.
          Owner's consent
          .          Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owner/s, if the
                     application involves: a material change of use; reconfiguration of a lot; work on land below high-water mark and not within a canal as defined
                     under the Coastal Protection and Management Act 1995, or work on rail corridor land defined under the Transport Infrastructure Act 1994.
           °         Evidence of this consent may need to be provided before the application will be accepted as properly made by the Assessment Manager, during
                     the processes of the application or in the event of an appeal about the outcome of the application.
           °         ‘Owner for the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to
                     receive the rent for the land (or would be entitled to receive the rent for it if it were let to a tenant at a rent).
           °         Templetes ere available from the |PA website for the provision of owner's consent as an attachment to this form. However other documentation
                     may be used for providing owner's consent provided it is clear the documentation relates to the development application for the premises.
           °         Owner's consent, if required, must be provided even if the applicant is the owner. Owner's consent is not required for a mobile and temporary
                      ERA.