AS PUBLISHED - Confirmation Notice Assessment Manager MCU23 0007

Page 2

4.    REFERRAL DETAILS

The application must be referred to the referral agency listed below within 10 business days
starting the day after receiving this notice, or a further period agreed by Council. Council also
needs to be notified when the material was given to the referral agency. Please note that the
application will otherwise lapse under section 31 of the Development Assessment Rules.

 Referral Status    Referral Agency and Address                     Referral Trigger

 Concurrence        SARA at DILGP SARA at DILGP Via                 Schedule 10, Part 9,
                    MyDAS2         at        https://prod2.dev-     Division 4, Subdivision 2,
                    assess.qld.gov.au/suite/ (for assistance,       Table 4 – land within 25m
                    contact DILGP at 5352 9701 or                   of a State transport corridor
                    email:[email protected]

 Concurrence        SARA at DILGP SARA at DILGP Via                 Schedule 10, Part 9,
                    MyDAS2         at        https://prod2.dev-     Division 4, Subdivision 2,
                    assess.qld.gov.au/suite/ (for assistance,       Table 1 – Reconfiguring a
                    contact DILGP at 5352 9701 or                   lot within 25m of a State
                    email:[email protected]             transport corridor

5.    INFORMATION REQUEST

You have advised that you do not agree to accept an Information Request.
However, in accordance with Section 27.2 of the Development Assessment Rules an applicant
cannot exempt the application from Part 3/Information Request.
Council intends to make an Information Request.
6.    OTHER DETAILS

You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online
Services” page can be accessed via "Quick Links" on the left hand side of the screen. Should
you have any further queries in relation to the above, please do not hesitate to contact me on
the number above.


Yours faithfully,


Ben Micallef
Coordinator Planning | Development Assessment
Development & Regulation




                                                                                         Page 2 of 3

Page 3

                                                      Explanatory Note – Public Notification Procedures
                                                              Planning Act 2016 & Development Assessment Rules



INTRODUCTION                                                             (a) if both part 2 and part 4 are relevant to the application as a
                                                                             result of the changed application, the day after part 3 has
The purpose of this Explanatory Note is to provide guidance to               ended;
applicants on the public notification requirements under Section
53 of the Planning Act 2016 (the Act) and under the                      (b) otherwise, the day after the day notice is given under
Development Assessment Rules (the Rules). The Act and the                    section 26.2(a) or 26.2(c).
Rules, set out the requirements for the giving of public notice.         WHAT IS PUBLIC NOTICE
These guidelines quote much of the material contained within             The following is extracted from Part 4 of the Rules.
the Act and the Rules.
                                                                         17.      Public notice requirements
If there is doubt about a particular public notification aspect, the
applicant should refer to the Act and the Rules or have the public       17.1. The applicant, or the assessment manager acting under
notice procedures undertaken by a consultant who is familiar             section 53(10) of the Act, must give public notice by—
with the public notice requirements.                                     (a) publishing a notice at least once in a newspaper circulating
Whilst every care has been taken in preparation of this                      generally in the locality of the premises the subject of the
explanatory note, ultimately it is the applicant's responsibility to         application; and
ensure that the procedures are correctly followed. Council will          (b) placing notice on the premises the subject of the application
not accept any responsibility for incorrect giving of public notice.         that must remain on the premises for the period of time up
OVERVIEW OF PUBLIC NOTIFICATION PROCEDURES                                   to and including the stated day; and
(PUBLIC NOTICE)                                                          (c) giving notice to the adjoining owners of all lots adjoining the
There are three distinct tasks to be undertaken when carrying                premises the subject of the application.
out public notice:                                                       17.2. The applicant must give notice to the assessment
1. Publishing a notice in a local newspaper.                             manager of the intended start date of public notification.
2. Placing a notice or notices on the premises.                          17.3. Schedule 3 prescribes the way in which public notice
3. Giving notice to adjoining owners.                                    must be given.
After the notification period has ended, the applicant must give         17.4. All public notice requirements under section 17.1 and
the assessment manager notice of compliance with the public              17.2 must be undertaken within the period prescribed under
notice requirements.                                                     section 16.
One key aspect to note is that an application automatically              18.      Notice of compliance
lapses if public notification does not start within 20 business          18.1. If the applicant gives public notice, it must, within 10
days of the completion of the relevant preceding part.                   days from the day after the last day on which a submission may
Furthermore, the application also automatically lapses if                be made, or a further period agreed between the applicant and
applicant does not give the assessment manager the notice of             the assessment manager, give the assessment manager notice
compliance with the public notice requirements within 10                 of compliance with the public notice requirements.
business days from the day after the last day on which a
submission may be made.                                                  PUBLIC NOTIFICATION PERIOD
WHEN NOTIFICATION PART STARTS                                            Section 53 of the Act states the required public notification
                                                                         period. The following is an extract from Section 53.
Part 4 of the Rules states when the public notification part starts.     53(4)    The notice must state that—
The following is an extract from Part 4.
                                                                         (a) a person may make a submission about the application to
16. When this part starts                                                    the assessment manager; and
16.1. If there are no referral agencies for the application and          (b) any submission must be made by a stated day that is at
part 3 does not apply because:                                               least—
(a) the applicant has advised that it does not wish to receive an              (i) for an application that includes a variation request—30
    information request and it is not an application mentioned in                  business days after the notice is given; or
    section 11.3; or
                                                                               (ii) for an application of a type prescribed by regulation—
(b) the assessment manager states in the confirmation notice                        the period, of more than 15 business days after the
    that it does not intend to make an information request;                         notice is given, prescribed for the application; or
    public notification must start within 20 days of the day after
    the confirmation notice is given to the applicant.                         (iii) for any other application—15 business days after the
                                                                                     notice is given.
16.2. If—
                                                                         53(5) However, if the development assessment rules require
(a) the applicant has advised that it does not wish to receive an        the notice to be given in more than 1 way, the period mentioned
    information request; and                                             in subsection (4)(b) starts on the day after the day when the last
(b) it is not an application mentioned in section 11.3; and              notice is given.
(c) there are referral agencies;                                         Please ensure that all public notices that are published in the
        public notification must start within 20 days after the day      newspaper, placed on the land, and given to adjoining land
        the last referral assessment period for any referral             owners clearly state that:
        agency has started.                                              (a) written submissions may be made electronically; and
16.3. If sections 16.1 and 16.2 do not apply, public notification        (b) electronic submissions         are     to    be     sent     to
must start within 20 days of the day after part 3 has ended.                 [email protected]
16.4. For a changed application, where public notification is            (c) all submissions, including individual submitter's particulars,
required to be undertaken again from its beginning, public                   will be published on Council's website (Online Services) and
notification must commence within 20 days—                                   therefore will be accessible to internet search engines




                                                                                                                            Page 3 of 3