Acknowledgement Notice - 010.2007.00002333.001 [As Published] · 142007.2333

Page 2

                                                -2-


 Referral Trigger           Referral Status     Referral Agency         Referral Address

 Operational work that is   Concurrence         Environmental           Ecoaccess Customer
 Prescribed Tidal Work                          Protection Agency       Service Unit,
                                                                        PO Box 15155, CITY EAST
                                                                        QLD 4002
 Operational work that is   Concurrence         Queensland              MacArthur Ave East
 Prescribed Tidal Work                          Transport (Maritime
                                                                        PINKENBA QLD 4008
                                                Safety)

5     INFORMATION REQUEST
A further information request will be made by the assessment manager.
Notification is also given in accordance with section 3.3.6(6) of the Integrated Planning Act 1997 that
the information request period is extended by 10 days.

6     OTHER DETAILS
You may wish to follow the progress of this application online at www.sunshinecoast.qld.gov.au.
Should you have any further queries in relation to the above, please do not hesitate to contact Denis
Wallace on the above number.

Yours faithfully,



Kerri Coyle
SENIOR PLANNING OFFICER




                                                                                                  2 of 4

Page 3

                                                             -3-




                                                  Explanatory Note - Public Notification Procedures
                                                  INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




                                                                   (2)         If no information requests have been made
1          INTRODUCTION                                            during the last information request period, the
The purpose of this explanation sheet is to provide                applicant may start the notification period as soon as
guidance to applicants on the public notice procedures             the last information request period ends.
under Section 3.4 of the Integrated Planning Act (IPA).            (3)         If an information request has been made
The IPA and its Regulations, sets out the requirements             during the information request period, the applicant
for the giving of public notice. These guidelines quote            may start the notification period as soon as the
much of the relevant IPA and Regulation material.                  applicant gives-
If there is doubt about a particular public notice aspect,         a. all information request responses to all information
the applicant should refer to the IPA or have the public               requests made; and
notice procedures undertaken by a consultant who is                b. copies of the responses to the assessment
familiar with the IPA requirements.                                    manager.
Whilst every care has been taken in preparation of this            5        WHAT IS PUBLIC NOTICE
explanation sheet, finally it is the applicant's                   The following is extracted from Section 3.4.4 of the
responsibility to ensure that the procedures are                   IPA:
correctly followed. Council cannot accept any                      3.4.4.(1) The applicant must-
responsibility for incorrect giving of public notice.
                                                                   a. publish a notice at least once in a newspaper
2       PURPOSE OF PUBLIC NOTIFICATION                                 circulating generally in the locality of the land; and
Section 3.4.1 of the IPA indicates as follows:                     b. place a notice on the land in the way prescribed
3.4.1 The notification stage gives a person -                          under a regulation; and
a. the opportunity to make submissions, including                  c. give a notice to the owners of all land adjoining the
    objections, that must be taken into account before                 land.
    an application is decided; and                                 (2)         The notices must be in the approved form.
b. the opportunity to secure the right to appeal to the            (3)         If the assessment manager carries out
    court about the assessment manager’s decision.                 notification on behalf of the applicant, the assessment
3       OVERVIEW OF PUBLIC NOTICE                                  manager may require the applicant to pay a fee, of not
        PROCEDURES                                                 more than the assessment manager’s reasonable
There are three distinct tasks to be undertaken in                 costs for carrying out the notification.
carrying out the public notice requirements:                       (4)         For subsection (1)(c), roads, land below
a. Placement of a notice or notices on the land.                   high-water mark and the beds and banks of rivers are
b. Notification by letter to adjoining owners.                     to be taken not to be adjoining land.
c. Placing a notice in a local newspaper.                          (5)         In this section owner, for land adjoining the
                                                                   land the subject of the application, means-
After the notification period has ended, the applicant
must give the assessment manager written notice that               a. if the adjoining land is subject to the Integrated
the applicant has complied with the requirements of                    Resort Development Act 1987 or the Sanctuary
the public notice provisions of the IPA.                               Cove Resort Act 1985 - the primary thoroughfare
                                                                       body corporate; or
One key aspect to note is that an application can
automatically lapse1 if the public notification period is          b. if the adjoining land is subject to the Mixed Use
not commenced within 20 business days of the                           Development Act 1993 - the community body
completion of the relevant preceding stage.                            corporate; or
4       WHEN CAN NOTIFICATION STAGE START                          c. subject to paragraph (a) and (b), if the adjoining
                                                                       land is subject to the Building Units and Group
Section 3.4.3 of the IPA indicates when the notification               Titles Act 1980 - the body corporate; or
period can start. Where Council is the assessment
                                                                   d. if the adjoining land is, under the Body Corporate
manager, advice will be forwarded to the applicant,
                                                                       and Community Management Act 1997 scheme
wherever possible, confirming that the notification
                                                                       land for a community titles scheme -
period may be commenced.
                                                                       (i)      the body corporate for the scheme; or
3.4.3. (1) If there are no concurrence agencies and the
assessment        manager      has    stated    in   the               (ii) if the adjoining land is scheme land for more
acknowledgment notice that the assessment manager                           than 1 community titles scheme - the body
does not intend to make an information request, the                         corporate for the community titles scheme that
applicant may start the notification stage as soon as                       is a principal scheme; or
the acknowledgment notice is given.                                e. if there is a time sharing scheme on the adjoining
                                                                       land and the name and address of a person has
                                                                       been notified under the Local Government Act
1                                                                      1993, section 715 - the person; or
    Refer to Section 3.2.12 of the IPA.




                                                                                                                       3 of 4

Page 4

                                                            -4-


f.  if the adjoining land is land being bought from the           (2)        Each notice given to the owner of adjoining
    State for an estate in fee simple under the Land              land must be given at about the same time as the
    Act 1994 - the buyer; or                                      notice is published in the newspaper and placed on
g. if the adjoining land us land granted in trust or              the land.
    reserved and set apart and placed under the                   (3)        All actions mentioned in subsection (2) must
    control of trustees under the Land Act 1994 - the             be completed within 5 business days after the first of
    trustees of the land; or                                      the actions is carried out.
h. if paragraphs (a) to (g) do not apply - the person             8        NOTIFICATION PERIOD
    for the time being entitled to receive the rent for           Section 3.4.5 & 6.7.1A of the IPA indicates as follows:
    the land or would be entitled to receive the rent for
                                                                  The notification period for the application-
    it if it were let to a tenant at a rent.
                                                                  a. must not be less than -
Standard forms for public notice purposes are
available at http://www.ipa.qld.gov.au/docs/Form7.pdf                 (i)      15 business days starting on the day after
                                                                               the last action under section 3.4.4(1) is
6         NOTICE ON LAND
                                                                               carried out; or
The following is an extract from the Integrated
                                                                      (ii)     30 business days starting on the day after
Planning Regulation 1998 and prescribes, for section
                                                                               the last action under section 3.4.4(1) is
3.4.4.(1)(b) of the IPA, requirements for the placing of
                                                                               carried out where-
a notice on land:
                                                                                there are 3 or more concurrence
5.1 The notice must be-                                                            agencies;
    a. placed on, or within 1.5 m of, the road frontage                         all or part of the development is
          for the land; and                                                        described under a regulation;
    b. mounted at least 300 mm above ground level;                              all or part of the development is the
          and                                                                      subject of an application for a
    c. positioned so that it is visible from the road;                             preliminary approval to over-ride the
          and                                                                      planning scheme.
    d. made of weatherproof material; and                         b. must not include any business days between 20
    e. not less than 1200 mm x 900 mm.                                December and 5 January (in the following year.)
5.2 The lettering on the notice must be-                          9        COMPLETION OF NOTIFICATION PERIOD
    a. for lettering in the heading, as indicated on the          3.4.7     If the applicant carries out notification, the
          approved form of the notice—at least 50-mm              applicant must. within 3 months after the notification
          in height and in a bold style; or                       period has ended, give the assessment manager
    b. for lettering in the subheadings, as indicated             written notice that the applicant has complied with the
          on the approved form of the notice—at least             requirements of this division
          25 mm in height and in a bold style; or
    c. for lettering not mentioned in paragraphs a and
          b—at least 25 mm in height, of regular weight
          and in sentence case.
5.3 Each sentence in the notice must start on a new
    line.
5.4 If the land has more than 1 road frontage, a notice
    must be placed on each road frontage for the land.
5.5 The applicant must maintain the notice from the
    day it is placed on the land until the end of the
    notification period.
5.6 In this section, road frontage, for land, means-
    a. the boundary between the land and any road
          adjoining the land; or
    b. if the only access to the land is across other
          land—the boundary between the other land
          and any road adjoining the other land at the
          point of access.
The following is an extract from Section 3.4.6 of the
IPA:
(1)          The notice placed on the land must remain
on the land for all of the notification period.
7         NOTICE IN THE NEWSPAPER & NOTICES
          TO ADJOINING OWNERS
The following is an extract from Section 3.4.6 of the
IPA:


                                                                                                                    4 of 4