Acknowledgment Notice MCU16/0153

                                                                                                                          MCU16/0153




                                                              Explanatory Note - Public Notification Procedures
                                                              SUSTAINBLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION
                                                              2009




                  INTRODUCTION                                                 296 (1)   If there are no concurrence agencies and the
                  The purpose of this explanation sheet is to provide                    assessment manager has stated in the
                  guidance to applicants on the public notice procedures                 acknowledgment notice that the assessment
                  under Chapter 6, Part 4 ‘notification stage’ of the                    manager does not intend to make an
                  Sustainable Planning Act 2009 (SPA). The SPA and its                   information request, the applicant may start the
                  Regulations, sets out the requirements for the giving of               notification      stage     as  soon     as   the
                  public notice. These guidelines quote much of the                      acknowledgment notice is given.
                  relevant SPA and Regulation material.                        (2)       If no information requests have been made
                  If there is doubt about a particular public notice aspect,             during the last information request period, the
                  the applicant should refer to the SPA or have the public               applicant may start the notification period as
                  notice procedures undertaken by a consultant who is                    soon as the last information request period
                  familiar with the SPA requirements.                                    ends.
                  Whilst every care has been taken in preparation of this      (3)       If an information request has been made during
                  explanation sheet, finally it is the applicant's                       the information request period, the applicant
                  responsibility to ensure that the procedures are                       may start the notification period as soon as the
                  correctly followed. Council cannot accept any                          applicant gives-
                  responsibility for incorrect giving of public notice.                  a. all information request responses to all
                  PURPOSE OF PUBLIC NOTIFICATION                                               information requests made; and
                  Section 294 of the SPA indicates as follows:                           b. copies of the responses to the assessment
                                                                                               manager.
                  294     The notification stage gives a person -
                                                                               WHAT IS PUBLIC NOTICE
                  a. the opportunity to make submissions, including
                      objections, that must be taken into account before       The following is extracted from Section 297 of the SPA:
                      an application is decided; and                           297 (1) The applicant or, with the applicant’s written
                  b. the opportunity to secure the right to appeal to the                agreement, the assessment manager must-
                      court about the assessment manager’s decision.                     (a) publish a notice at least once in a
                                                                                               newspaper circulating generally in the
                  OVERVIEW           OF        PUBLIC         NOTIFICATION
                                                                                               locality of the land; and
                          PROCEDURES (PUBLIC NOTICE)
                                                                                         (b) place a notice on the land in the way
                  There are three distinct tasks to be undertaken in                           prescribed under a regulation; and
                  carrying out the public notice requirements:                           (c) give a notice to the owners of all land
                  a. Placement of a notice or notices on the land.                             adjoining the land.
                  b. Notification by letter to adjoining owners.                   (2) If the assessment manager carries out
                  c. Placing a notice in a local newspaper.                              notification for the applicant, the assessment
                                                                                         manager may require the applicant to pay a fee,
                  After the notification period has ended, the applicant
                                                                                         of not more than the assessment manager’s
                  must give the assessment manager written notice that
                                                                                         reasonable costs for carrying out the
                  the applicant has complied with the requirements of the
                                                                                         notification.
                  public notification (public notice) provisions of the SPA.
                                                                                   (3) For subsection (1)(c), roads, land below high-
                  One key aspect to note is that an application can                      water mark and the beds and banks of rivers are
                  automatically lapse if the public notification period is               taken not to be adjoining land.
                  not commenced within 20 business days of the                     (4) In this section owner, for land adjoining the land
                  completion of the relevant preceding stage.                            the subject of the application, means-
                  WHEN CAN NOTIFICATION STAGE START                                      (a) if the adjoining land is subject to the
                  Section 296 of the SPA indicates when the notification                       Integrated Resort Development Act 1987 or
                  period can start. Where Council is the assessment                            the Sanctuary Cove Resort Act 1985—the
                  manager, advice will be forwarded to the applicant,                          primary thoroughfare body corporate; or
                  wherever possible, confirming that the notification                    (b) if the adjoining land is subject to the Mixed
                  period may be commenced.                                                     Use       Development     Act    1993—the
                                                                                               community body corporate; or
                                                                                         (c) subject to paragraphs (a) and (b), if the
                                                                                               adjoining land is subject to the Building
                                                                                               Units and Group Titles Act 1980—the body
                                                                                               corporate; or
                                                                                         (d) if the adjoining land is, under the Body
                                                                                               Corporate and Community Management
                                                                                               Act 1997, scheme land for a community
                                                                                               titles scheme—




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Document Set ID: 20227844
Version: 1, Version Date: 12/01/2017