QLDIn ForceAct
Planning Act 2016
sec.106HCRevoking declaration
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### sec.106HC Revoking declaration
The Minister may, by notice given to the applicant for the relevant application (a revocation notice ), revoke 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 .
However, the Minister may revoke the declaration only if the Minister—
is satisfied that section 106D (2) (a) , (b) or (c) does not apply in relation to the relevant application; or
considers that the declaration is no longer appropriate in all the circumstances.
The revocation notice must state—
that the declaration is revoked; and
the day the notice is given; and
details of the relevant application; and
the reasons for revoking the declaration; and
the effect of the revocation under section 106HE , 106HF or 106HG ; and
for a relevant application in relation to which section 106HF applies—the point in the process for administering the application from which the process must restart; and
any other matter prescribed by regulation.
In deciding the point mentioned in subsection (3) (f) , the Minister may have regard to any matter the Minister considers relevant.
The revocation takes effect on the day the revocation notice is given.
The Minister must—
give a copy of the revocation notice to each entity to which the declaration notice for the declaration was given; and
publish a copy of the revocation notice on the department’s website.
s 106HC ins 2024 No. 53 s 35
(sec.106HC-ssec.1) The Minister may, by notice given to the applicant for the relevant application (a revocation notice ), revoke 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.106HC-ssec.2) However, the Minister may revoke the declaration only if the Minister— is satisfied that section 106D (2) (a) , (b) or (c) does not apply in relation to the relevant application; or considers that the declaration is no longer appropriate in all the circumstances.
(sec.106HC-ssec.3) The revocation notice must state— that the declaration is revoked; and the day the notice is given; and details of the relevant application; and the reasons for revoking the declaration; and the effect of the revocation under section 106HE , 106HF or 106HG ; and for a relevant application in relation to which section 106HF applies—the point in the process for administering the application from which the process must restart; and any other matter prescribed by regulation.
(sec.106HC-ssec.4) In deciding the point mentioned in subsection (3) (f) , the Minister may have regard to any matter the Minister considers relevant.
(sec.106HC-ssec.5) The revocation takes effect on the day the revocation notice is given.
(sec.106HC-ssec.6) The Minister must— give a copy of the revocation notice to each entity to which the declaration notice for the declaration was given; and publish a copy of the revocation notice on the department’s website.
- (a) is satisfied that section 106D (2) (a) , (b) or (c) does not apply in relation to the relevant application; or
- (b) considers that the declaration is no longer appropriate in all the circumstances.
- (a) that the declaration is revoked; and
- (b) the day the notice is given; and
- (c) details of the relevant application; and
- (d) the reasons for revoking the declaration; and
- (e) the effect of the revocation under section 106HE , 106HF or 106HG ; and
- (f) for a relevant application in relation to which section 106HF applies—the point in the process for administering the application from which the process must restart; and
- (g) any other matter prescribed by regulation.
- (a) give a copy of the revocation notice to each entity to which the declaration notice for the declaration was given; and
- (b) publish a copy of the revocation notice on the department’s website.