151FPublic consultation regarding grant of leases and licences

#### 151F Public consultation regarding grant of leases and licences 151F Public consultation regarding grant of leases and licences > > (1) Before granting a lease or licence under section 151 or 151H, the Minister must cause notice of the proposed lease or licence to be published— > > > > > (a) in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public in the area in which the land is located, and also on the Department’s website, if the proposed lease or licence— > > > > > > > (i) is for a purpose for which the land (including any buildings or structures on the land) has previously not been used or occupied, or > > > > > > > (ii) authorises the erection of a temporary building or structure on the land concerned, and > > > > > (b) in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public both generally and in the area in which the land is located, and also on the Department’s website, if the proposed lease or licence— > > > > > > > (i) authorises the erection of a new permanent building or structure on the land concerned, or > > > > > > > (ii) authorises a significant modification of an existing building or structure on the land concerned or any other significant permanent physical change to the land concerned. > > > (2) A notice under subsection (1) must contain the following— > > > > > (a) sufficient information to identify the land concerned, > > > > > (b) the purposes for which the land and any building or structure on the land is proposed to be used, > > > > > (c) the term of the proposed lease or licence (taking into account any option to renew), > > > > > (d) the name of the person to whom the lease or licence is proposed to be granted, > > > > > (e) the closing date for making submissions on the proposal, being a date not earlier than— > > > > > > > (i) in relation to a notice under subsection (1) (a)—14 days after the date on which the notice was first published, or > > > > > > > (ii) in relation to a notice under subsection (1) (b)—28 days after the date on which the notice was first published, > > > > > (f) the address to which submissions are to be sent, > > > > > (g) any other information that the Minister considers relevant to the consideration of the proposal. > > > (3) The Minister, on request, is to provide such further information, as the Minister considers reasonably practicable, describing the proposed lease or licence. The information provided must not include any commercial in confidence information. > > > > Note. > > > > Further information provided under this subsection could include drawings or diagrams describing the proposed lease or licence. > > > (4) The Minister may hold a public hearing into any proposed lease or licence under this Part if the Minister thinks it appropriate to do so. > > > (5) Before determining whether or not to grant a lease or licence under section 151 or 151H, the Minister must take into account— > > > > > (a) any submissions received before the notified closing date for submissions under subsection (2) (e), and > > > > > (b) if relevant, any report from, or submissions received at, a public hearing. > > > (6) This section does not apply to a proposal to grant a lease or licence of land if— > > > > > (a) the proposed lease or licence authorises the land concerned to be used or occupied for a total period that does not exceed 31 days, or > > > > > (b) the proposed lease or licence relates to land reserved under Part 4A and authorises the land concerned to be used or occupied for any community development purpose prescribed by the regulations under section 72AB(5), or > > > > > (c) within the 2 years prior to the proposed grant of the lease or licence, a public consultation has occurred in relation to development or an activity that is substantially the same as the use of the land that is to be authorised by the proposed lease or licence. > > > > > > Note. > > > > > > For example, a public consultation may have been undertaken under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for approval or consent to the erection and use of a building for a cafe. In that case, public consultation is not necessary under this section in relation to a proposed lease of the building to operate that cafe. > > **s 151F:** Ins 2010 No 41, Sch 1 \[17\]. Am 2015 No 58, Sch 3.63 \[14\]; 2018 No 25, Sch 2.22 \[1\] \[2\]; 2024 No 42, Sch 1\[21\].