QLDIn ForceAct
Planning Act 2016
sec.106FContent of declaration notice
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### sec.106F Content of declaration notice
The declaration notice must state—
the Minister has made a declaration under section 106D in relation to the relevant 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
if the notice is given after the application is made to the decision-maker—
division 3 applies for assessing and deciding the application; and
the point in the process for administering the application from which the process must restart (the restarting point ); and
if paragraph (f) does not apply—
an application that is not substantially different from the relevant application must be made to the chief executive within the stated period; and
division 3 will apply for assessing and deciding an application made in accordance with subparagraph (i) ; and
any other matter prescribed by regulation.
If the declaration notice is given before the decision-maker decides the application, the declaration notice may direct the decision-maker to assess all or a stated part of the application.
In deciding the restarting point for subsection (1) (f) (ii) , the Minister may have regard to any matter the Minister considers relevant.
s 106F ins 2024 No. 13 s 74
amd 2024 No. 53 s 33
(sec.106F-ssec.1) The declaration notice must state— the Minister has made a declaration under section 106D in relation to the relevant 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 if the notice is given after the application is made to the decision-maker— division 3 applies for assessing and deciding the application; and the point in the process for administering the application from which the process must restart (the restarting point ); and if paragraph (f) does not apply— an application that is not substantially different from the relevant application must be made to the chief executive within the stated period; and division 3 will apply for assessing and deciding an application made in accordance with subparagraph (i) ; and any other matter prescribed by regulation.
(sec.106F-ssec.2) If the declaration notice is given before the decision-maker decides the application, the declaration notice may direct the decision-maker to assess all or a stated part of the application.
(sec.106F-ssec.3) In deciding the restarting point for subsection (1) (f) (ii) , the Minister may have regard to any matter the Minister considers relevant.
- (a) the Minister has made a declaration under section 106D in relation to the relevant 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) if the notice is given after the application is made to the decision-maker— (i) division 3 applies for assessing and deciding the application; and (ii) the point in the process for administering the application from which the process must restart (the restarting point ); and
- (i) division 3 applies for assessing and deciding the application; and
- (ii) the point in the process for administering the application from which the process must restart (the restarting point ); and
- (g) if paragraph (f) does not apply— (i) an application that is not substantially different from the relevant application must be made to the chief executive within the stated period; and (ii) division 3 will apply for assessing and deciding an application made in accordance with subparagraph (i) ; and
- (i) an application that is not substantially different from the relevant application must be made to the chief executive within the stated period; and
- (ii) division 3 will apply for assessing and deciding an application made in accordance with subparagraph (i) ; and
- (h) any other matter prescribed by regulation.
- (i) division 3 applies for assessing and deciding the application; and
- (ii) the point in the process for administering the application from which the process must restart (the restarting point ); and
- (i) an application that is not substantially different from the relevant application must be made to the chief executive within the stated period; and
- (ii) division 3 will apply for assessing and deciding an application made in accordance with subparagraph (i) ; and