08/1787 AMENDED Acknowledgement Notice [As Published] · 132008.1787

                                                             -3-                  [document year]/[document number]




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




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