Advise of Adjoining Owners - 010.2006.00001354.001 [As Published] · 132006.1354

                                                                                                          2



                                    Public Notification Procedures for IDAS
                                    Applications requiring Impact Assessment
                                    EXPLANATORY NOTE
1      INTRODUCTION                                  One key aspect to note is that an application can
                                                                          1
                                                     automatically lapse if the public notification
The purpose of this explanation sheet is to          period is not commenced within 20 business
provide guidance to applicants on the public         days of the completion of the relevant preceding
notice procedures under Section 3.4 of the           stage.
Integrated Planning Act (IPA). The IPA and its
Regulations, sets out the requirements for the       4          WHEN CAN NOTIFICATION STAGE
giving of public notice. These guidelines quote                 START
much of the relevant IPA and Regulation material.
Noosa Council has resolved that applicants will      Section 3.4.3 of the IPA indicates when the
undertake the procedures.                            notification period can start. Where Noosa
If there is doubt about a particular public notice   Council is the assessment manager, advice will
aspect, the applicant should refer to the IPA or     be forwarded to the applicant, wherever
have the public notice procedures undertaken by a    possible, confirming that the notification period
consultant who is familiar with the IPA              may be commenced.
requirements.                                        3.4.3. (1)    If there are no concurrence
                                                     agencies and the assessment manager has
Whilst every care has been taken in preparation
of this explanation sheet, finally it is the         stated in the acknowledgment notice that the
applicant's responsibility to ensure that the        assessment manager does not intend to make
procedures are correctly followed. Council           an information request, the applicant may start
                                                     the notification stage as soon as the
cannot accept any responsibility for incorrect
giving of public notice.                             acknowledgment notice is given.

2      PURPOSE OF PUBLIC NOTIFICATION                (2)    If no information requests have been
                                                     made during the last information request period,
Section 3.4.1 of the IPA indicates as follows:-      the applicant may start the notification period as
                                                     soon as the last information request period
3.4.1 The notification stage gives a person -        ends.
a. the opportunity to make submissions,              (3)    If an information request has been made
   including objections, that must be taken into     during the information request period, the
   account before an application is decided;         applicant may start the notification period as
   and                                               soon as the applicant gives-
b. the opportunity to secure the right to appeal     a. all information request responses to all
   to the court about the assessment manager’s          information requests made; and
   decision.
                                                     b. copies of the responses to the assessment
3      OVERVIEW OF PUBLIC NOTICE                        manager.
       PROCEDURES
                                                     5          WHAT IS PUBLIC NOTICE
There are three distinct tasks to be undertaken
in carrying out the public notice requirements:-     The following is extracted from Section 3.4.4 of
                                                     the IPA:-
a. Placement of a notice or notices on the land.
                                                     3.4.4.(1)            The applicant must-
b. Notification by letter to adjoining owners.
                                                     a. publish a notice at least once in a newspaper
c. Placing a notice in a local newspaper.               circulating generally in the locality of the
After the notification period has ended, the            land; and
applicant must give the assessment manager           b. place a notice on the land in the way
written notice that the applicant has complied          prescribed under a regulation; and
with the requirements of the public notice
provisions of the IPA.                               c. give a notice to the owners of all land
                                                        adjoining the land.
                                                     (2)   The notices must be in the approved
                                                     form.


                                                     1
                                                         Refer to Section 3.2.12 of the IPA.