Rugby World Cup 2011 (Empowering) Act 2010

Subpart 2Jurisdiction, public notification, and making of submissions

Preliminary question of jurisdiction

25 Preliminary consideration of applications
  • (1) The Authority must determine, in relation to every application made under subpart 1, whether the application meets the criteria set out in subsection (3).

    (2) Before making that decision the Authority may request further information from the applicant, if it is satisfied that provision of the information will, in the circumstances, assist in the fair and timely determination of the application.

    Criteria

    (3) The Authority must be satisfied that—

    • (a) the application relates to an activity or facility that is reasonably necessary for the proper conduct of, as the case may be,—

      • (i) the Rugby World Cup 2011; or

      • (ii) a test event; and

    • (b) the applicant has undertaken all reasonably practicable measures to ensure that the necessary approval, declaration, test approval or declaration, or change to the conditions was obtained under the enactment or statutory planning instrument that would have applied, but for this Part, or that the application could not reasonably have been made at an earlier date; and

    • (c) it is unlikely that, but for this Part, the application could be determined in time to enable the activity to be undertaken or the facility constructed for the Rugby World Cup 2011 or the test event, as the case may be.