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Planning Act 2016
sec.106HDNotice of proposed revocation
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### sec.106HD Notice of proposed revocation
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 revoking the declaration under section 106HC , 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 revoke the declaration; and
the day the notice is given; and
details of the relevant application; and
the reasons for the proposed revocation; and
the effect of the revocation under section 106HE , 106HF or 106HG ; and
that the entity to which the notice is given may make representations to the Minister about the proposed revocation 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 revocation 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 sections 106HE to 106HG , 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 106HD ins 2024 No. 53 s 35
(sec.106HD-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.106HD-ssec.2) Before revoking the declaration under section 106HC , 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 revoke the declaration; and the day the notice is given; and details of the relevant application; and the reasons for the proposed revocation; and the effect of the revocation under section 106HE , 106HF or 106HG ; and that the entity to which the notice is given may make representations to the Minister about the proposed revocation 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 revocation made during the period stated in the notice.
(sec.106HD-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.106HD-ssec.4) Subject to sections 106HE to 106HG , 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 revoke the declaration; and (ii) the day the notice is given; and (iii) details of the relevant application; and (iv) the reasons for the proposed revocation; and (v) the effect of the revocation under section 106HE , 106HF or 106HG ; and (vi) that the entity to which the notice is given may make representations to the Minister about the proposed revocation 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 revoke the declaration; and
- (ii) the day the notice is given; and
- (iii) details of the relevant application; and
- (iv) the reasons for the proposed revocation; and
- (v) the effect of the revocation under section 106HE , 106HF or 106HG ; and
- (vi) that the entity to which the notice is given may make representations to the Minister about the proposed revocation 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 revocation made during the period stated in the notice.
- (i) that the Minister is proposing to revoke the declaration; and
- (ii) the day the notice is given; and
- (iii) details of the relevant application; and
- (iv) the reasons for the proposed revocation; and
- (v) the effect of the revocation under section 106HE , 106HF or 106HG ; and
- (vi) that the entity to which the notice is given may make representations to the Minister about the proposed revocation 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