sec.192MEDQ must make development scheme for transitioned UDA

sec.192 MEDQ must make development scheme for transitioned UDA

This section applies if, at the commencement, a development scheme has not been made under the repealed ULDA Act for a transitioned UDA. Subject to subsection (3), MEDQ must make a development scheme under this Act for the transitioned UDA. For subsection (2), anything done or in existence in relation to a proposed development scheme under the repealed ULDA Act for the transitioned UDA is taken to have been done or in existence under this Act. If, under subsection (3), MEDQ is taken to have complied with sections 58 to 61 for a proposed development scheme (the proposed scheme )— MEDQ must, as soon as practicable after the commencement, give each person (a submitter ) who made a submission received within the submission period about the proposed scheme a notice stating that— MEDQ is considering making the proposed scheme under this Act; and MEDQ’s report about the proposed scheme can be inspected on the department’s website; and if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and MEDQ may, within the prescribed period, amend the proposed scheme in a way MEDQ considers appropriate, including, for example, to— protect an affected owner’s interests; or ensure the implementation of the scheme complies with this Act; or make a minor administrative amendment; and if MEDQ considers an amendment of the proposed scheme significantly changes the scheme, MEDQ must re-comply with sections 58 to 61 for the amended scheme. For subsection (4)(b), the prescribed period is as follows— 45 business days after the notice is given under subsection (4)(a); if, within 20 business days after being given the notice under subsection (4)(a), an affected owner for the transitioned UDA asks MEDQ to amend the proposed scheme to protect the affected owner’s interests and MEDQ requires additional time to consider a matter raised by the affected owner—the period mentioned in paragraph (a) plus a further period of not more than 20 business days decided by MEDQ; if a caretaker period occurs within the period mentioned in paragraph (a)—that period plus a further period equal to the caretaker period plus 20 business days. In this section— affected owner , for a priority development area, means a person who owns land that— is in the area; or shares a common boundary with the area; or is benefited by an easement, registered under the Land Title Act 1994 , over the area or part of the area; or has a boundary, along a road, that is directly opposite a boundary of the area, along the same road; or MEDQ considers may be negatively affected by development in the area having regard to— the proximity of the land to the area; and the impact the development, including any proposed development, may have on the character and amenity of the land. (sec.192-ssec.1) This section applies if, at the commencement, a development scheme has not been made under the repealed ULDA Act for a transitioned UDA. (sec.192-ssec.2) Subject to subsection (3), MEDQ must make a development scheme under this Act for the transitioned UDA. (sec.192-ssec.3) For subsection (2), anything done or in existence in relation to a proposed development scheme under the repealed ULDA Act for the transitioned UDA is taken to have been done or in existence under this Act. (sec.192-ssec.4) If, under subsection (3), MEDQ is taken to have complied with sections 58 to 61 for a proposed development scheme (the proposed scheme )— MEDQ must, as soon as practicable after the commencement, give each person (a submitter ) who made a submission received within the submission period about the proposed scheme a notice stating that— MEDQ is considering making the proposed scheme under this Act; and MEDQ’s report about the proposed scheme can be inspected on the department’s website; and if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and MEDQ may, within the prescribed period, amend the proposed scheme in a way MEDQ considers appropriate, including, for example, to— protect an affected owner’s interests; or ensure the implementation of the scheme complies with this Act; or make a minor administrative amendment; and if MEDQ considers an amendment of the proposed scheme significantly changes the scheme, MEDQ must re-comply with sections 58 to 61 for the amended scheme. (sec.192-ssec.5) For subsection (4)(b), the prescribed period is as follows— 45 business days after the notice is given under subsection (4)(a); if, within 20 business days after being given the notice under subsection (4)(a), an affected owner for the transitioned UDA asks MEDQ to amend the proposed scheme to protect the affected owner’s interests and MEDQ requires additional time to consider a matter raised by the affected owner—the period mentioned in paragraph (a) plus a further period of not more than 20 business days decided by MEDQ; if a caretaker period occurs within the period mentioned in paragraph (a)—that period plus a further period equal to the caretaker period plus 20 business days. (sec.192-ssec.6) In this section— affected owner , for a priority development area, means a person who owns land that— is in the area; or shares a common boundary with the area; or is benefited by an easement, registered under the Land Title Act 1994 , over the area or part of the area; or has a boundary, along a road, that is directly opposite a boundary of the area, along the same road; or MEDQ considers may be negatively affected by development in the area having regard to— the proximity of the land to the area; and the impact the development, including any proposed development, may have on the character and amenity of the land.