sec.51ENotice of decision not to make declaration

sec.51E Notice of decision not to make declaration

This section applies if the Minister— gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and decides not to make the declaration. The Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given. The notice must be given within 10 business days after the day the representation period for the proposed declaration ends. Subsection (5) applies if— the relevant application is a development application or a change application; and the notice of the proposed declaration was given before the decision-maker for the application decided the application. The notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration. s 51E ins 2024 SL No. 123 s 16 (sec.51E-ssec.1) This section applies if the Minister— gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and decides not to make the declaration. (sec.51E-ssec.2) The Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given. (sec.51E-ssec.3) The notice must be given within 10 business days after the day the representation period for the proposed declaration ends. (sec.51E-ssec.4) Subsection (5) applies if— the relevant application is a development application or a change application; and the notice of the proposed declaration was given before the decision-maker for the application decided the application. (sec.51E-ssec.5) The notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration.

• (a) gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and
• (b) decides not to make the declaration.
• (a) the relevant application is a development application or a change application; and
• (b) the notice of the proposed declaration was given before the decision-maker for the application decided the application.