QLDIn ForceAct
Planning Act 2016
sec.125Representations about infrastructure charges notice
Start here
Get a plain-English read of sec.125
Turn the raw legal text into a practical explanation grounded in Planning Act 2016.
### sec.125 Representations about infrastructure charges notice
During the appeal period for the infrastructure charges notice, the recipient may make representations to the local government about the infrastructure charges notice.
The local government must consider any representations made by the recipient.
If the local government—
agrees with a representation; and
decides to change the infrastructure charges notice;
the local government must, within 10 business days after making the decision, give a new infrastructure charges notice (a negotiated notice ) to the recipient.
The local government may give only 1 negotiated notice.
A negotiated notice—
must be in the same form as the infrastructure charges notice; and
must state the nature of the changes; and
replaces the infrastructure charges notice.
If the local government does not agree with any of the representations, the local government must, within 10 business days after making the decision, give a decision notice about the decision to the recipient.
The appeal period for the infrastructure charges notice starts again when the local government gives the decision notice to the recipient.
However, if the recipient gives the local government a notice withdrawing the representations before the local government has given a negotiated notice or decision notice—
the appeal period is taken to have been suspended from the day the representations were made; and
the balance of the appeal period restarts on the day after the day the local government receives the notice of withdrawal.
See also section 126 in relation to suspending the appeal period by notice.
s 125 amd 2024 No. 13 s 33
(sec.125-ssec.1) During the appeal period for the infrastructure charges notice, the recipient may make representations to the local government about the infrastructure charges notice.
(sec.125-ssec.2) The local government must consider any representations made by the recipient.
(sec.125-ssec.3) If the local government— agrees with a representation; and decides to change the infrastructure charges notice; the local government must, within 10 business days after making the decision, give a new infrastructure charges notice (a negotiated notice ) to the recipient.
(sec.125-ssec.4) The local government may give only 1 negotiated notice.
(sec.125-ssec.5) A negotiated notice— must be in the same form as the infrastructure charges notice; and must state the nature of the changes; and replaces the infrastructure charges notice.
(sec.125-ssec.6) If the local government does not agree with any of the representations, the local government must, within 10 business days after making the decision, give a decision notice about the decision to the recipient.
(sec.125-ssec.7) The appeal period for the infrastructure charges notice starts again when the local government gives the decision notice to the recipient.
(sec.125-ssec.8) However, if the recipient gives the local government a notice withdrawing the representations before the local government has given a negotiated notice or decision notice— the appeal period is taken to have been suspended from the day the representations were made; and the balance of the appeal period restarts on the day after the day the local government receives the notice of withdrawal. See also section 126 in relation to suspending the appeal period by notice.
- (a) agrees with a representation; and
- (b) decides to change the infrastructure charges notice;
- (a) must be in the same form as the infrastructure charges notice; and
- (b) must state the nature of the changes; and
- (c) replaces the infrastructure charges notice.
- (a) the appeal period is taken to have been suspended from the day the representations were made; and
- (b) the balance of the appeal period restarts on the day after the day the local government receives the notice of withdrawal.