QLDIn ForceAct
Planning Act 2016
sec.268AApplication to amend registration to include additional land in affected area
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### sec.268A Application to amend registration to include additional land in affected area
The owner of registered premises may apply to the Minister to amend the registration to include additional land in the affected area for the premises.
See also section 268C .
The Minister must consider the application and decide to—
approve the amendment of the registration, with or without conditions; or
refuse the amendment of the registration.
The Minister may approve the amendment of the registration if satisfied—
the levels of emissions from the registered premises comply with—
a development approval for the premises; and
an environmental authority applying to an activity carried out on the premises; and
the applicant has complied with section 268C ; and
about any matters prescribed by regulation.
A condition imposed under subsection (2) (a) —
may relate only to the amendment of the registration; and
is taken to be a condition of the registration.
The Minister must, as soon as practicable after deciding the application, give a decision notice to the applicant.
If the amendment of the registration is approved, the decision notice must identify the affected area for the registered premises, as changed to include the additional land.
The amendment of the registration starts to have effect on—
the day the decision notice is given to the applicant; or
a later day stated in the decision notice.
As soon as practicable after the Minister decides to approve the amendment, the Minister must give notice of the inclusion of the additional land to each local government in whose local government area the affected area for the registered premises, as changed, is situated.
As soon as practicable after receiving a notice under subsection (8) , the local government must note the inclusion of the additional land in the affected area on—
the local government’s planning scheme; and
any planning scheme the local government makes before the registration expires.
See also section 269A about the responsibilities of owners of registered premises if an application under this section is approved.
s 268A ins 2024 No. 13 s 80
(sec.268A-ssec.1) The owner of registered premises may apply to the Minister to amend the registration to include additional land in the affected area for the premises. See also section 268C .
(sec.268A-ssec.2) The Minister must consider the application and decide to— approve the amendment of the registration, with or without conditions; or refuse the amendment of the registration.
(sec.268A-ssec.3) The Minister may approve the amendment of the registration if satisfied— the levels of emissions from the registered premises comply with— a development approval for the premises; and an environmental authority applying to an activity carried out on the premises; and the applicant has complied with section 268C ; and about any matters prescribed by regulation.
(sec.268A-ssec.4) A condition imposed under subsection (2) (a) — may relate only to the amendment of the registration; and is taken to be a condition of the registration.
(sec.268A-ssec.5) The Minister must, as soon as practicable after deciding the application, give a decision notice to the applicant.
(sec.268A-ssec.6) If the amendment of the registration is approved, the decision notice must identify the affected area for the registered premises, as changed to include the additional land.
(sec.268A-ssec.7) The amendment of the registration starts to have effect on— the day the decision notice is given to the applicant; or a later day stated in the decision notice.
(sec.268A-ssec.8) As soon as practicable after the Minister decides to approve the amendment, the Minister must give notice of the inclusion of the additional land to each local government in whose local government area the affected area for the registered premises, as changed, is situated.
(sec.268A-ssec.9) As soon as practicable after receiving a notice under subsection (8) , the local government must note the inclusion of the additional land in the affected area on— the local government’s planning scheme; and any planning scheme the local government makes before the registration expires.
- (a) approve the amendment of the registration, with or without conditions; or
- (b) refuse the amendment of the registration.
- (a) the levels of emissions from the registered premises comply with— (i) a development approval for the premises; and (ii) an environmental authority applying to an activity carried out on the premises; and
- (i) a development approval for the premises; and
- (ii) an environmental authority applying to an activity carried out on the premises; and
- (b) the applicant has complied with section 268C ; and
- (c) about any matters prescribed by regulation.
- (i) a development approval for the premises; and
- (ii) an environmental authority applying to an activity carried out on the premises; and
- (a) may relate only to the amendment of the registration; and
- (b) is taken to be a condition of the registration.
- (a) the day the decision notice is given to the applicant; or
- (b) a later day stated in the decision notice.
- (a) the local government’s planning scheme; and
- (b) any planning scheme the local government makes before the registration expires.