17.05.12 Nc Ack Notice

Noosa Council documents




                                                                                                                            MCU17/0035


                                 (i)  the body corporate for the scheme;      (5) The applicant must maintain the notice from the day
                                      or                                          it is placed on the land until the end of the notification
                                (ii) if the adjoining land is scheme land         period.
                                      for more than 1 community titles        (6) In this section—
                                      scheme—the body corporate for the           road frontage, for land, means—
                                      community titles scheme that is a           (a) the boundary between the land and any road
                                      principal scheme; or                               adjoining the land; or
                            (e) if there is a time share scheme, as               (b) if the only access to the land is across other
                                defined under the Local Government Act,                  land—the boundary between the other land and
                                for a structure on the adjoining land—the                any road adjoining the other land at the point of
                                person notified to the local government                  access.
                                concerned as the person responsible for
                                the administration of the scheme as           NOTICE IN THE NEWSPAPER & NOTICES TO
                                between the participants in the scheme;               ADJOINING OWNERS
                                or                                            The following is an extract from Section 299 of the SPA:
                            (f) if the adjoining land is land being bought    (2)     Each notice given to the owner of adjoining land
                                from the State for an estate in fee simple            must be given at about the same time as the
                                under the Land Act 1994—the buyer; or                 notice is published in the newspaper and placed
                            (g) if the adjoining land is land granted in              on the land.
                                trust or reserved and set apart and           (Refer to the approved form of the notice at
                                placed under the control of trustees          www.dip.qld.gov.au/spa)
                                under the Land Act 1994—the trustees of
                                the land; or
                            (h) if paragraphs (a) to (g) do not apply—the     (3)    All actions mentioned in subsection (2) must be
                                person for the time being entitled to                completed within 5 business days after the first of
                                receive the rent for the land or who would           the actions is carried out.
                                be entitled to receive the rent if the land   NOTIFICATION PERIOD
                                were let to a tenant at a rent.               Section 298 of the SPA indicates as follows:
                  Please ensure that all public notices that are
                  published in the newspaper, placed on the land,             298 Notification period for applications
                  and given to adjoining land owners clearly state            (1)   The notification period for the application must
                  that:                                                             be at least—
                                                                                    (a) 30 business days starting on the day after the
                  (a)       written submissions        may     be    made                last action under section 297(1) is carried out,
                            electronically; and                                          if any of the following apply for the
                                                                                         application—
                  (b)       electronic submissions are to be sent to                     (I) there are 3 or more concurrence
                            [email protected]                                              agencies;
                                                                                         (ii) all or part of the development—
                  (c)       all submissions, including individual                              (a) is assessable under a planning
                            submitter's particulars, will be published                              scheme; and
                            on Council's website (PD Online) and                               (b) is prescribed under a regulation for
                            therefore will be accessible to internet                                this subparagraph;
                            search engines.                                              (iii) all or part of the development is the
                                                                                               subject of an application for a preliminary
                  NOTICE ON LAND                                                               approval mentioned in section 242; or
                  (1) The following is an extract from the Sustainable              (b) if paragraph (a) does not apply—15 business
                       Planning Regulation 2009 and prescribes, for                      days starting on the day after the last action
                       section 297(1)(b) of the SPA, requirements for the                under section 297(1) is carried out.
                       placing of a notice on land:                           (2)   The notification period must not include any
                  (2) The notice must be—                                           business day from 20 December in a particular
                       (a) placed on, or within 1500mm of, the road                 year to 5 January in the following year, both days
                            frontage for the land; and                              inclusive.
                       (b) mounted at least 300mm above ground level;
                            and                                               COMPLETION OF NOTIFICATION PERIOD
                       (c) positioned so that it is visible from the road;
                                                                              Section 301 of the SPA indicates as follows:
                            and
                       (d) made of weatherproof material; and
                       (e) at least 900mm in height and 1200mm in             If the applicant carries out notification, the applicant must,
                            width.                                            within 20 business days after the notification period ends,
                  (3) The lettering on the notice must be as stated on        give the assessment manager written notice that the
                       the approved form of the notice. (Refer to the         applicant has complied with the requirements of this
                       approved       form      of     the    notice    at    division
                       www.dip.qld.gov.au/spa)                                P
                  (4) If the land has more than 1 road frontage, a notice
                       must be placed on each road frontage for the land.




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Document Set ID: 20323444
Version: 1, Version Date: 12/05/2017                                                                                       Print Date: 12 May 2017, 4:46 PM