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Planning Act 2016
sec.106HBNotice of proposed amendment
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### sec.106HB Notice of proposed amendment
This section applies if—
the relevant application was made to the decision-maker for the application before the declaration was made; or
an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.
Before amending the declaration under section 106HA , the Minister must—
give a notice to each entity mentioned in section 106C (2) (a) to (d) that states—
that the Minister is proposing to amend the declaration; and
the day the notice is given; and
details of the relevant application; and
details of the proposed amendment; and
the reasons for making the proposed amendment; and
that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and
any other matter prescribed by regulation; and
consider any representations about the proposed amendment made during the period stated in the notice.
Subsection (4) applies if the notice given under subsection (2) (a) states that the process for administering the application is suspended until a stated day.
Subject to section 106HA (7) , the process for administering the application stops on the day the notice is given and restarts on the stated day from the point in the process at which it stopped.
s 106HB ins 2024 No. 53 s 35
(sec.106HB-ssec.1) This section applies if— the relevant application was made to the decision-maker for the application before the declaration was made; or an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.
(sec.106HB-ssec.2) Before amending the declaration under section 106HA , the Minister must— give a notice to each entity mentioned in section 106C (2) (a) to (d) that states— that the Minister is proposing to amend the declaration; and the day the notice is given; and details of the relevant application; and details of the proposed amendment; and the reasons for making the proposed amendment; and that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and any other matter prescribed by regulation; and consider any representations about the proposed amendment made during the period stated in the notice.
(sec.106HB-ssec.3) Subsection (4) applies if the notice given under subsection (2) (a) states that the process for administering the application is suspended until a stated day.
(sec.106HB-ssec.4) Subject to section 106HA (7) , the process for administering the application stops on the day the notice is given and restarts on the stated day from the point in the process at which it stopped.
- (a) the relevant application was made to the decision-maker for the application before the declaration was made; or
- (b) an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.
- (a) give a notice to each entity mentioned in section 106C (2) (a) to (d) that states— (i) that the Minister is proposing to amend the declaration; and (ii) the day the notice is given; and (iii) details of the relevant application; and (iv) details of the proposed amendment; and (v) the reasons for making the proposed amendment; and (vi) that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and (vii) any other matter prescribed by regulation; and
- (i) that the Minister is proposing to amend the declaration; and
- (ii) the day the notice is given; and
- (iii) details of the relevant application; and
- (iv) details of the proposed amendment; and
- (v) the reasons for making the proposed amendment; and
- (vi) that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and
- (vii) any other matter prescribed by regulation; and
- (b) consider any representations about the proposed amendment made during the period stated in the notice.
- (i) that the Minister is proposing to amend the declaration; and
- (ii) the day the notice is given; and
- (iii) details of the relevant application; and
- (iv) details of the proposed amendment; and
- (v) the reasons for making the proposed amendment; and
- (vi) that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and
- (vii) any other matter prescribed by regulation; and