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Planning Act 2016
sec.267Making or renewing registrations
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### sec.267 Making or renewing registrations
This section applies to premises if—
an activity that involves emissions is carried out on the premises; and
the levels of emissions from the premises comply with—
any development approval for the premises; and
any authority under the Environmental Protection Act (an environmental authority ) applying to the activity.
The owner of the premises may apply to the Minister to register the premises.
See also section 268C .
The Minister must consider the application and decide to—
register the premises, with or without conditions; or
refuse to register the premises.
The owner of registered premises may apply to the Minister to renew the registration of premises, before the registration expires.
The Minister must consider the application and decide to—
renew the registration, with or without conditions; or
refuse to renew the registration.
If an application to renew the registration of premises is made before the registration expires, the registration continues until the application—
is decided; or
is withdrawn, or taken to have been withdrawn, by the applicant.
A regulation made under section 275 may prescribe the circumstances in which an application is taken to have been withdrawn.
The Minister may register premises, or renew the registration of premises, if the Minister is satisfied—
the levels of emissions from the premises comply with—
any development approval for the premises; and
an environmental authority applying to the activity; and
for an application for the registration of premises—the applicant has complied with section 268C ; and
about any matters prescribed by regulation.
The Minister must, as soon as practicable after deciding an application under subsection (3) or (5) , give a decision notice to the applicant.
The decision notice must identify the affected area for the premises.
The registration of premises starts to have effect on—
for a decision to register premises—
the day the decision notice is given to the applicant; or
a later day stated in the decision notice; or
for a decision to renew the registration of premises—the day after the registration would have ended if the registration had not been renewed.
A registration, including a renewed registration, that is not cancelled, continues to have effect for—
the period of between 10 years and 25 years stated in the decision notice; or
if the decision notice does not state a period—10 years.
As soon as practicable after premises are registered, or a registration is renewed, the Minister must give notice of the registration or renewal to each local government in whose local government area the affected area for the registered premises is situated.
As soon as practicable after receiving the notice, the local government must note the registration on—
the local government’s planning scheme; and
any planning scheme that the local government makes before the registration expires.
s 267 amd 2024 No. 13 s 78
(sec.267-ssec.1) This section applies to premises if— an activity that involves emissions is carried out on the premises; and the levels of emissions from the premises comply with— any development approval for the premises; and any authority under the Environmental Protection Act (an environmental authority ) applying to the activity.
(sec.267-ssec.2) The owner of the premises may apply to the Minister to register the premises. See also section 268C .
(sec.267-ssec.3) The Minister must consider the application and decide to— register the premises, with or without conditions; or refuse to register the premises.
(sec.267-ssec.4) The owner of registered premises may apply to the Minister to renew the registration of premises, before the registration expires.
(sec.267-ssec.5) The Minister must consider the application and decide to— renew the registration, with or without conditions; or refuse to renew the registration.
(sec.267-ssec.6) If an application to renew the registration of premises is made before the registration expires, the registration continues until the application— is decided; or is withdrawn, or taken to have been withdrawn, by the applicant. A regulation made under section 275 may prescribe the circumstances in which an application is taken to have been withdrawn.
(sec.267-ssec.7) The Minister may register premises, or renew the registration of premises, if the Minister is satisfied— the levels of emissions from the premises comply with— any development approval for the premises; and an environmental authority applying to the activity; and for an application for the registration of premises—the applicant has complied with section 268C ; and about any matters prescribed by regulation.
(sec.267-ssec.8) The Minister must, as soon as practicable after deciding an application under subsection (3) or (5) , give a decision notice to the applicant.
(sec.267-ssec.9) The decision notice must identify the affected area for the premises.
(sec.267-ssec.10) The registration of premises starts to have effect on— for a decision to register premises— the day the decision notice is given to the applicant; or a later day stated in the decision notice; or for a decision to renew the registration of premises—the day after the registration would have ended if the registration had not been renewed.
(sec.267-ssec.11) A registration, including a renewed registration, that is not cancelled, continues to have effect for— the period of between 10 years and 25 years stated in the decision notice; or if the decision notice does not state a period—10 years.
(sec.267-ssec.12) As soon as practicable after premises are registered, or a registration is renewed, the Minister must give notice of the registration or renewal to each local government in whose local government area the affected area for the registered premises is situated.
(sec.267-ssec.13) As soon as practicable after receiving the notice, the local government must note the registration on— the local government’s planning scheme; and any planning scheme that the local government makes before the registration expires.
- (a) an activity that involves emissions is carried out on the premises; and
- (b) the levels of emissions from the premises comply with— (i) any development approval for the premises; and (ii) any authority under the Environmental Protection Act (an environmental authority ) applying to the activity.
- (i) any development approval for the premises; and
- (ii) any authority under the Environmental Protection Act (an environmental authority ) applying to the activity.
- (i) any development approval for the premises; and
- (ii) any authority under the Environmental Protection Act (an environmental authority ) applying to the activity.
- (a) register the premises, with or without conditions; or
- (b) refuse to register the premises.
- (a) renew the registration, with or without conditions; or
- (b) refuse to renew the registration.
- (a) is decided; or
- (b) is withdrawn, or taken to have been withdrawn, by the applicant.
- (a) the levels of emissions from the premises comply with— (i) any development approval for the premises; and (ii) an environmental authority applying to the activity; and
- (i) any development approval for the premises; and
- (ii) an environmental authority applying to the activity; and
- (b) for an application for the registration of premises—the applicant has complied with section 268C ; and
- (c) about any matters prescribed by regulation.
- (i) any development approval for the premises; and
- (ii) an environmental authority applying to the activity; and
- (a) for a decision to register premises— (i) the day the decision notice is given to the applicant; or (ii) a later day stated in the decision notice; or
- (i) the day the decision notice is given to the applicant; or
- (ii) a later day stated in the decision notice; or
- (b) for a decision to renew the registration of premises—the day after the registration would have ended if the registration had not been renewed.
- (i) the day the decision notice is given to the applicant; or
- (ii) a later day stated in the decision notice; or
- (a) the period of between 10 years and 25 years stated in the decision notice; or
- (b) if the decision notice does not state a period—10 years.
- (a) the local government’s planning scheme; and
- (b) any planning scheme that the local government makes before the registration expires.