Acknowledgement Notice - 010.2010.00000871.001 [As Published] · 132010.871

                                                             -3-                                           2010/871




                                                 Explanatory Note - Public Notification Procedures
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009 (PLEASE NOTE THAT THIS IS AN EXPLANATORY
                                                 NOTE ONLY AND SHOULD BE READ IN CONJUNCTION WITH THE
                                                 ABOVE STATED ACTS)

1      INTRODUCTION                                                (2)          If no information requests have been made
                                                                   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 Chapter 6, Part 4 ‘notification stage’ of the
Sustainable Planning Act 2009 (SPA). The SPA and its               (3)          If an information request has been made
Regulations, sets out the requirements for the giving of           during the information request period, the applicant
public notice. These guidelines quote much of the                  may start the notification period as soon as the
relevant SPA and Regulation material.                              applicant gives-
                                                                   a. all information request responses to all information
If there is doubt about a particular public notice aspect,
                                                                         requests made; and
the applicant should refer to the SPA or have the public
notice procedures undertaken by a consultant who is                b. copies of the responses to the assessment
familiar with the SPA 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 297 of the
responsibility to ensure that the procedures are                   SPA:
correctly followed. Council cannot accept any                      297 (1) The applicant or, with the applicant’s written
responsibility for incorrect giving of public notice.              agreement, the assessment manager must-
2       PURPOSE OF PUBLIC NOTIFICATION                             (a) publish a notice at least once in a newspaper
                                                                   circulating generally in the locality of the land; and
Section 294 of the SPA indicates as follows:
                                                                   (b) place a notice on the land in the way prescribed
294     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) If the assessment manager carries out notification
b. the opportunity to secure the right to appeal to the            for the applicant, the assessment manager may
    court about the assessment manager’s decision.                 require the applicant to pay a fee, of not more than the
3       OVERVIEW OF PUBLIC NOTIFICATION                            assessment manager’s reasonable costs for carrying
        PROCEDURES (PUBLIC NOTICE)                                 out the notification.
                                                                   (3) For subsection (1)(c), roads, land below high-water
There are three distinct tasks to be undertaken in
                                                                   mark and the beds and banks of rivers are taken not
carrying out the public notice requirements:
                                                                   to be adjoining land.
a. Placement of a notice or notices on the land.                   (4) In this section owner, for land adjoining the land
b. Notification by letter to adjoining owners.                     the subject of the application, means-
c. Placing a notice in a local newspaper.                          (a) if the adjoining land is subject to the Integrated
After the notification period has ended, the applicant             Resort Development Act 1987 or the Sanctuary Cove
must give the assessment manager written notice that               Resort Act 1985—the primary thoroughfare body
the applicant has complied with the requirements of                corporate; or
the public notification (public notice) provisions of the          (b) if the adjoining land is subject to the Mixed Use
SPA.                                                               Development Act 1993—the community body
                                                                   corporate; or
One key aspect to note is that an application can
                                                                   (c) subject to paragraphs (a) and (b), if the adjoining
automatically lapse if the public notification period is
                                                                   land is subject to the Building Units and Group Titles
not commenced within 20 business days of the
                                                                   Act 1980—the body corporate; or
completion of the relevant preceding stage.
                                                                   (d) if the adjoining land is, under the Body Corporate
4       WHEN CAN NOTIFICATION STAGE START                          and Community Management Act 1997, scheme land
Section 296 of the SPA indicates when the notification             for a community titles scheme—
period can start. Where Council is the assessment                  (i) the body corporate for the scheme; or
manager, advice will be forwarded to the applicant,                (ii) if the adjoining land is scheme land for more than
wherever possible, confirming that the notification                1 community titles scheme—the body corporate
period may be commenced.                                           for the community titles scheme that is a principal
                                                                   scheme; or
296 (1) If there are no concurrence agencies and the               (e) if there is a time share scheme, as defined under
assessment     manager      has     stated    in  the              the Local Government Act, for a structure on the
acknowledgment notice that the assessment manager                  adjoining land—the person notified to the local
does not intend to make an information request, the                government concerned as the person responsible for
applicant may start the notification stage as soon as              the administration of the scheme as between the
the acknowledgment notice is given.                                participants in the scheme; or
                                                                   (f) if the adjoining land is land being bought from the
                                                                   State for an estate in fee simple under the Land Act
                                                                   1994—the buyer; or


Version 1 January 2010                                                                                 Page 3 of 4