QLDIn ForceAct
Planning Act 2016
sec.103Call in notice
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### sec.103 Call in notice
The Minister may call in an application by giving a notice (a call in notice ) to—
the decision-maker; and
the applicant; and
any referral agency in relation to the application, other than the chief executive; and
for a development application or change application—any principal submitter; and
if there are proceedings relating to the application in the P&E Court—the court.
The notice must be given within 20 business days after the end of the representation period for the proposed call in notice.
The notice must state—
the reasons for the call in, including the State interest giving rise to the call in; and
for an application that is not a cancellation application—
whether the Minister intends to assess and decide, or reassess and re-decide, the application, or direct the decision-maker to assess all or part of the application; and
the point (the restarting point ) in the process for administering the application, that the Minister decides, from which the process must restart.
When deciding the restarting point, the Minister may consider anything the Minister considers relevant.
To remove any doubt, it is declared that the Minister may call in an application under this section even if the application has been decided by the decision-maker.
s 103 amd 2017 No. 12 s 45 ; 2024 No. 13 s 71
(sec.103-ssec.1) The Minister may call in an application by giving a notice (a call in notice ) to— the decision-maker; and the applicant; and any referral agency in relation to the application, other than the chief executive; and for a development application or change application—any principal submitter; and if there are proceedings relating to the application in the P&E Court—the court.
(sec.103-ssec.2) The notice must be given within 20 business days after the end of the representation period for the proposed call in notice.
(sec.103-ssec.3) The notice must state— the reasons for the call in, including the State interest giving rise to the call in; and for an application that is not a cancellation application— whether the Minister intends to assess and decide, or reassess and re-decide, the application, or direct the decision-maker to assess all or part of the application; and the point (the restarting point ) in the process for administering the application, that the Minister decides, from which the process must restart.
(sec.103-ssec.4) When deciding the restarting point, the Minister may consider anything the Minister considers relevant.
(sec.103-ssec.5) To remove any doubt, it is declared that the Minister may call in an application under this section even if the application has been decided by the decision-maker.
- (a) the decision-maker; and
- (b) the applicant; and
- (c) any referral agency in relation to the application, other than the chief executive; and
- (d) for a development application or change application—any principal submitter; and
- (e) if there are proceedings relating to the application in the P&E Court—the court.
- (a) the reasons for the call in, including the State interest giving rise to the call in; and
- (b) for an application that is not a cancellation application— (i) whether the Minister intends to assess and decide, or reassess and re-decide, the application, or direct the decision-maker to assess all or part of the application; and (ii) the point (the restarting point ) in the process for administering the application, that the Minister decides, from which the process must restart.
- (i) whether the Minister intends to assess and decide, or reassess and re-decide, the application, or direct the decision-maker to assess all or part of the application; and
- (ii) the point (the restarting point ) in the process for administering the application, that the Minister decides, from which the process must restart.
- (i) whether the Minister intends to assess and decide, or reassess and re-decide, the application, or direct the decision-maker to assess all or part of the application; and
- (ii) the point (the restarting point ) in the process for administering the application, that the Minister decides, from which the process must restart.