QLDIn ForceAct
Environmental Protection Act 1994
sec.194When administering authority must make final decision on application
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### sec.194 When administering authority must make final decision on application
The administering authority must make a final decision under section 194A for an application if—
the administering authority referred the application to the Land Court under section 185 and an objections decision is made about the application; or
the administering authority referred the application to the Land Court under section 185 because of an objection notice but, before an objections decision is made about the application, all objection notices for the application are struck out or withdrawn.
The final decision must be made—
if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192 —
if there is a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
if paragraph (a) does not apply—
if there is a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn; or
otherwise—within 10 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn.
s 194 prev s 194 ins 2000 No. 64 s 6
amd 2004 No. 53 s 2 sch
om 2012 No. 16 s 7
pres s 194 ins 2012 No. 16 s 8 (amd 2013 No. 6 s 50 sch )
amd 2014 No. 47 s 277
sub 2018 No. 30 s 122
amd 2020 No. 26 s 118 sch 1
(sec.194-ssec.1) The administering authority must make a final decision under section 194A for an application if— the administering authority referred the application to the Land Court under section 185 and an objections decision is made about the application; or the administering authority referred the application to the Land Court under section 185 because of an objection notice but, before an objections decision is made about the application, all objection notices for the application are struck out or withdrawn.
(sec.194-ssec.2) The final decision must be made— if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192 — if there is a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or if paragraph (a) does not apply— if there is a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn; or otherwise—within 10 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn.
- (a) the administering authority referred the application to the Land Court under section 185 and an objections decision is made about the application; or
- (b) the administering authority referred the application to the Land Court under section 185 because of an objection notice but, before an objections decision is made about the application, all objection notices for the application are struck out or withdrawn.
- (a) if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192 — (i) if there is a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or (ii) otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
- (i) if there is a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
- (ii) otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
- (b) if paragraph (a) does not apply— (i) if there is a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn; or (ii) otherwise—within 10 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn.
- (i) if there is a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn; or
- (ii) otherwise—within 10 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn.
- (i) if there is a proposed PRC plan for the application—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
- (ii) otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193 ; or
- (i) if there is a proposed PRC plan for the application—within 20 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn; or
- (ii) otherwise—within 10 business days after receipt by the administering authority of notice under section 182 (4) that the last remaining objection notice for the application is withdrawn.