195Refusal does not affect existing use

195 Refusal does not affect existing use The refusal of a development application in relation to the use of land does not affect an existing use of land, or use of existing developments on the land.

Division 7.6.2 Notice of decisions on development applications Division 7.6.2 Notice of decisions on development 196 Notice of decision (1) A decision-maker who decides a development application under section 185 (other than an application to remove the concessional status of a lease) must give written notice of the decision (the decision notice) to— (a) the applicant; and (b) each person who made a representation under section 180 about the application; and (c) each entity to whom the application was referred under section 170 (When authority must refer development application) or section 171 (Further entity referral—more information or amended application); and (d) if the decision is to approve the application under section 185 (1) (a) or (b)—the registrar-general. (2) A decision notice given to a person mentioned in subsection (1) (a) or (b) must include the following: (a) a brief description of the place to which the approval relates; (b) a description of the development to which the approval relates; (c) the reasons for the decision; (d) a summary of any advice in relation to the application received from an entity (the entity’s advice) under section 172 (Entity advice on development applications); (e) if the decision-maker did not follow the entity’s advice in making the decision—the reasons for not following the advice;

Notice of decisions on development applications Division 7.6.2 (f) if a development application decision was referred to the Commonwealth Minister responsible for administering the EPBC Act—a summary of the Commonwealth Minister’s advice (if any); (g) a statement about whether the development application is for a significant development or a territory priority project; (h) the date the development application was submitted; (i) the date the development application was decided; (j) a statement about whether the development application was— (i) approved; or (ii) approved in part; or (iii) refused; (k) if any part of the application was approved— (i) a statement about whether the approval is subject to conditions and, if so, what the conditions are; and (ii) the date the approval takes effect; and (iii) any essential design elements for the approval; and (iv) a summary of any essential design elements marked on a plan for the approval; (l) anything else prescribed by regulation. Note If the notice is given to a person who may apply to the ACAT for review of the decision to which it relates, the notice must be a reviewable decision notice (see s 505). (3) If a representation in relation to the development application has been made on behalf of 2 or more people (a joint representation) and 1 person is nominated as the contact person for the representation (the nominated person), it is sufficient for subsection (1) (b) if the decision-maker gives the decision notice to the nominated person.