QLDIn ForceAct
Environmental Protection Act 1994
sec.394Notice of decision
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### sec.394 Notice of decision
This section applies if the administering authority decides to require the prescribed responsible person for the land to prepare or commission a draft site management plan for the land.
The administering authority must give the prescribed responsible person a written notice that requires the person to prepare or commission a draft site management plan for the relevant land, and give the draft plan to the administering authority, in accordance with subdivision 2 .
The notice must state—
the grounds on which the notice is given; and
the matters to be addressed by the draft site management plan for the land; and
the day (at least a reasonable period after the notice is given) by which the draft plan must be prepared and given to the administering authority; and
the review or appeal details.
If the prescribed responsible person is not the land’s owner, the administering authority must also give a copy of the notice to the owner.
See section 565 about who may prepare a draft site management plan.
A prescribed responsible person for relevant land who receives a notice under this section must comply with the notice.
Maximum penalty for subsection (5) —300 penalty units.
s 394 ins 1997 No. 80 s 21
amd 2002 No. 45 s 3 (2) sch ; 2008 No. 52 s 33
sub 2014 No. 59 s 135
(sec.394-ssec.1) This section applies if the administering authority decides to require the prescribed responsible person for the land to prepare or commission a draft site management plan for the land.
(sec.394-ssec.2) The administering authority must give the prescribed responsible person a written notice that requires the person to prepare or commission a draft site management plan for the relevant land, and give the draft plan to the administering authority, in accordance with subdivision 2 .
(sec.394-ssec.3) The notice must state— the grounds on which the notice is given; and the matters to be addressed by the draft site management plan for the land; and the day (at least a reasonable period after the notice is given) by which the draft plan must be prepared and given to the administering authority; and the review or appeal details.
(sec.394-ssec.4) If the prescribed responsible person is not the land’s owner, the administering authority must also give a copy of the notice to the owner. See section 565 about who may prepare a draft site management plan.
(sec.394-ssec.5) A prescribed responsible person for relevant land who receives a notice under this section must comply with the notice. Maximum penalty for subsection (5) —300 penalty units.
- (a) the grounds on which the notice is given; and
- (b) the matters to be addressed by the draft site management plan for the land; and
- (c) the day (at least a reasonable period after the notice is given) by which the draft plan must be prepared and given to the administering authority; and
- (d) the review or appeal details.