sec.106CNotice of proposed declaration

### sec.106C Notice of proposed declaration This section applies if the Minister proposes to declare, under section 106D , that the relevant application is an application for State facilitated development. Before making the declaration, the Minister must give notice of the proposed declaration to— the applicant; and if the applicant is not the owner of the premises the subject of the application—the owner of the premises; and the decision-maker for the application; and if the decision-maker is not the local government for the local government area in which the premises the subject of the application is situated—the local government; and if the notice is given after the application is made to the decision-maker—each referral agency for the application other than the chief executive; and any submitters for the application the Minister is aware of when the notice is given; and another entity prescribed by regulation. The notice must state— the Minister is proposing to make a declaration under section 106D in relation to the application; and the day the notice is given; and details of the application; and the reasons for making the declaration; and the effect of the declaration under section 106H ; and the person to whom the notice is given may make representations to the Minister about the proposed declaration within the stated period of at least 15 business days after the day the notice is given (the representation period ); and any other matter prescribed by regulation. The Minister must consider any representations made during the representation period in deciding whether to make the declaration. s 106C ins 2024 No. 13 s 74 (sec.106C-ssec.1) This section applies if the Minister proposes to declare, under section 106D , that the relevant application is an application for State facilitated development. (sec.106C-ssec.2) Before making the declaration, the Minister must give notice of the proposed declaration to— the applicant; and if the applicant is not the owner of the premises the subject of the application—the owner of the premises; and the decision-maker for the application; and if the decision-maker is not the local government for the local government area in which the premises the subject of the application is situated—the local government; and if the notice is given after the application is made to the decision-maker—each referral agency for the application other than the chief executive; and any submitters for the application the Minister is aware of when the notice is given; and another entity prescribed by regulation. (sec.106C-ssec.3) The notice must state— the Minister is proposing to make a declaration under section 106D in relation to the application; and the day the notice is given; and details of the application; and the reasons for making the declaration; and the effect of the declaration under section 106H ; and the person to whom the notice is given may make representations to the Minister about the proposed declaration within the stated period of at least 15 business days after the day the notice is given (the representation period ); and any other matter prescribed by regulation. (sec.106C-ssec.4) The Minister must consider any representations made during the representation period in deciding whether to make the declaration. - (a) the applicant; and - (b) if the applicant is not the owner of the premises the subject of the application—the owner of the premises; and - (c) the decision-maker for the application; and - (d) if the decision-maker is not the local government for the local government area in which the premises the subject of the application is situated—the local government; and - (e) if the notice is given after the application is made to the decision-maker—each referral agency for the application other than the chief executive; and - (f) any submitters for the application the Minister is aware of when the notice is given; and - (g) another entity prescribed by regulation. - (a) the Minister is proposing to make a declaration under section 106D in relation to the application; and - (b) the day the notice is given; and - (c) details of the application; and - (d) the reasons for making the declaration; and - (e) the effect of the declaration under section 106H ; and - (f) the person to whom the notice is given may make representations to the Minister about the proposed declaration within the stated period of at least 15 business days after the day the notice is given (the representation period ); and - (g) any other matter prescribed by regulation.