Advise of Adjoining Owners - 010.2007.00001841.001 [As Published] · 132007.1841

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                                          Public Notification Procedures for IDAS
                                          Applications requiring Impact Assessment
                                          EXPLANATORY NOTE
1          INTRODUCTION                               4      WHEN CAN NOTIFICATION STAGE
The purpose of this explanation sheet is to                  START
provide guidance to applicants on the public
notice procedures under Section 3.4 of the            Section 3.4.3 of the IPA indicates when the
Integrated Planning Act (IPA). The IPA and its        notification period can start. Where Noosa
Regulations, sets out the requirements for the        Council is the assessment manager, advice will
giving of public notice. These guidelines quote       be forwarded to the applicant, wherever
much of the relevant IPA and Regulation material.     possible, confirming that the notification period
Noosa Council has resolved that applicants will       may be commenced.
undertake the procedures.                             3.4.3. (1)    If there are no concurrence
If there is doubt about a particular public notice    agencies and the assessment manager has
                                                      stated in the acknowledgment notice that the
aspect, the applicant should refer to the IPA or
have the public notice procedures undertaken by a     assessment manager does not intend to make
consultant who is familiar with the IPA               an information request, the applicant may start
requirements.                                         the notification stage as soon as the
                                                      acknowledgment notice is given.
Whilst every care has been taken in preparation
of this explanation sheet, finally it is the          (2)    If no information requests have been
applicant's responsibility to ensure that the         made during the last information request period,
procedures are correctly followed. Council            the applicant may start the notification period as
                                                      soon as the last information request period ends.
cannot accept any responsibility for incorrect
giving of public notice.                              (3)    If an information request has been made
2          PURPOSE OF PUBLIC NOTIFICATION             during the information request period, the
                                                      applicant may start the notification period as
Section 3.4.1 of the IPA indicates as follows:-       soon as the applicant gives-
3.4.1 The notification stage gives a person -         a. all information request responses to all
                                                         information requests made; and
a. the opportunity to make submissions,
   including objections, that must be taken into      b. copies of the responses to the assessment
   account before an application is decided; and         manager.
b. the opportunity to secure the right to appeal      5      WHAT IS PUBLIC NOTICE
   to the court about the assessment manager’s
   decision.                                          The following is extracted from Section 3.4.4 of
                                                      the IPA:-
3          OVERVIEW OF PUBLIC NOTICE
           PROCEDURES                                 3.4.4.(1)     The applicant must-

There are three distinct tasks to be undertaken       a. publish a notice at least once in a newspaper
in carrying out the public notice requirements:-         circulating generally in the locality of the
                                                         land; and
a. Placement of a notice or notices on the land.
                                                      b. place a notice on the land in the way
b. Notification by letter to adjoining owners.           prescribed under a regulation; and
c. Placing a notice in a local newspaper.             c. give a notice to the owners of all land
                                                         adjoining the land.
After the notification period has ended, the
applicant must give the assessment manager            (2)   The notices must be in the approved
written notice that the applicant has complied        form.
with the requirements of the public notice
provisions of the IPA.                                (3)     For subsection (1)(c), roads, land below
                                                      high-water mark and the beds and banks of
One key aspect to note is that an application can     rivers are to be taken not to be adjoining land.
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automatically lapse if the public notification
                                                      (4)    In this section owner, for land adjoining
period is not commenced within 20 business
days of the completion of the relevant preceding      the land the subject of the application, means-
stage.

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    Refer to Section 3.2.12 of the IPA.