QLDIn ForceAct
Environmental Protection Act 1994
sec.398Deciding whether to approve draft site management plan
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### sec.398 Deciding whether to approve draft site management plan
If section 397 (2) does not apply, the administering authority must, within 20 business days after receiving a draft site management plan, decide whether to approve the draft plan.
The administering authority may decide to extend the period mentioned in subsection (1) if the authority—
has made a requirement under section 397 (3) ; or
is satisfied special circumstances exist that justify extending the period.
The administering authority must give an information notice for the decision to—
the submitter; and
if the submitter is not the land’s owner—the owner.
The information notice must be given before the end of whichever of the following happens last—
the period mentioned in subsection (1) ; or
if the period is extended under subsection (2) —the extended period.
If the administering authority fails to decide whether to approve a draft site management plan within the period required under this section, the authority is taken to have refused to approve the draft plan at the end of the period.
s 398 ins 1997 No. 80 s 21
amd 2000 No. 64 s 3 (2) sch
sub 2014 No. 59 s 135
(sec.398-ssec.1) If section 397 (2) does not apply, the administering authority must, within 20 business days after receiving a draft site management plan, decide whether to approve the draft plan.
(sec.398-ssec.2) The administering authority may decide to extend the period mentioned in subsection (1) if the authority— has made a requirement under section 397 (3) ; or is satisfied special circumstances exist that justify extending the period.
(sec.398-ssec.3) The administering authority must give an information notice for the decision to— the submitter; and if the submitter is not the land’s owner—the owner.
(sec.398-ssec.4) The information notice must be given before the end of whichever of the following happens last— the period mentioned in subsection (1) ; or if the period is extended under subsection (2) —the extended period.
(sec.398-ssec.5) If the administering authority fails to decide whether to approve a draft site management plan within the period required under this section, the authority is taken to have refused to approve the draft plan at the end of the period.
- (a) has made a requirement under section 397 (3) ; or
- (b) is satisfied special circumstances exist that justify extending the period.
- (a) the submitter; and
- (b) if the submitter is not the land’s owner—the owner.
- (a) the period mentioned in subsection (1) ; or
- (b) if the period is extended under subsection (2) —the extended period.