Acknowledgement Notice - 010.2007.00002333.001 [As Published] · 142007.2333

                                                             -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