QLDIn ForceAct
Planning Act 2016
sec.106HAAmending declaration
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### sec.106HA Amending declaration
The Minister may, by notice given to the applicant for the relevant application (an amendment notice ), amend a declaration made under section 106D in relation to the application that is in effect.
For when a declaration stops having effect, see section 106G .
Without limiting subsection (1) , the Minister may amend the declaration—
to change the restarting point for the relevant application; or
to extend or shorten the application period for the relevant application.
However, an amendment mentioned in subsection (2) (b) can not—
be made after the application period for the relevant application ends; or
state that the application period for the relevant application ends on a day that is before the day the amendment notice is given.
The amendment notice must state—
the day the notice is given; and
details of the relevant application; and
details of the amendment being made; and
the reasons for making the amendment; and
any other matter prescribed by regulation.
The amendment takes effect on the day the amendment notice is given.
The Minister must—
give a copy of the amendment notice to each entity to which the declaration notice for the declaration was given; and
publish a copy of the amendment notice on the department’s website.
If the declaration is amended to change the restarting point for the relevant application, the process for administering the application starts again from the restarting point as changed.
s 106HA ins 2024 No. 53 s 35
(sec.106HA-ssec.1) The Minister may, by notice given to the applicant for the relevant application (an amendment notice ), amend a declaration made under section 106D in relation to the application that is in effect. For when a declaration stops having effect, see section 106G .
(sec.106HA-ssec.2) Without limiting subsection (1) , the Minister may amend the declaration— to change the restarting point for the relevant application; or to extend or shorten the application period for the relevant application.
(sec.106HA-ssec.3) However, an amendment mentioned in subsection (2) (b) can not— be made after the application period for the relevant application ends; or state that the application period for the relevant application ends on a day that is before the day the amendment notice is given.
(sec.106HA-ssec.4) The amendment notice must state— the day the notice is given; and details of the relevant application; and details of the amendment being made; and the reasons for making the amendment; and any other matter prescribed by regulation.
(sec.106HA-ssec.5) The amendment takes effect on the day the amendment notice is given.
(sec.106HA-ssec.6) The Minister must— give a copy of the amendment notice to each entity to which the declaration notice for the declaration was given; and publish a copy of the amendment notice on the department’s website.
(sec.106HA-ssec.7) If the declaration is amended to change the restarting point for the relevant application, the process for administering the application starts again from the restarting point as changed.
- (a) to change the restarting point for the relevant application; or
- (b) to extend or shorten the application period for the relevant application.
- (a) be made after the application period for the relevant application ends; or
- (b) state that the application period for the relevant application ends on a day that is before the day the amendment notice is given.
- (a) the day the notice is given; and
- (b) details of the relevant application; and
- (c) details of the amendment being made; and
- (d) the reasons for making the amendment; and
- (e) any other matter prescribed by regulation.
- (a) give a copy of the amendment notice to each entity to which the declaration notice for the declaration was given; and
- (b) publish a copy of the amendment notice on the department’s website.