sec.50Notice to decide

### sec.50 Notice to decide The authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice. The stated period must be at least— 20 business days after the notice is given; or if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period. The notice to decide must— identify the decision; and state the decision-maker must— make the decision within the stated period; and inform the authority of the decision within 5 business days after it is made. On receiving the notice to decide, the decision-maker must— subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and inform the authority of the decision within 5 business days after it is made. The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision. If the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period. If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts. Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision. Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision. In this section— decision-making period means— for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application. s 50 amd 2016 No. 27 s 400 (sec.50-ssec.1) The authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice. (sec.50-ssec.2) The stated period must be at least— 20 business days after the notice is given; or if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period. (sec.50-ssec.3) The notice to decide must— identify the decision; and state the decision-maker must— make the decision within the stated period; and inform the authority of the decision within 5 business days after it is made. (sec.50-ssec.4) On receiving the notice to decide, the decision-maker must— subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and inform the authority of the decision within 5 business days after it is made. (sec.50-ssec.5) The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision. (sec.50-ssec.6) If the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period. (sec.50-ssec.7) If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts. (sec.50-ssec.8) Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision. (sec.50-ssec.9) Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision. (sec.50-ssec.10) In this section— decision-making period means— for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application. - (a) 20 business days after the notice is given; or - (b) if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period. - (a) identify the decision; and - (b) state the decision-maker must— (i) make the decision within the stated period; and (ii) inform the authority of the decision within 5 business days after it is made. - (i) make the decision within the stated period; and - (ii) inform the authority of the decision within 5 business days after it is made. - (i) make the decision within the stated period; and - (ii) inform the authority of the decision within 5 business days after it is made. - (a) subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and - (b) inform the authority of the decision within 5 business days after it is made. - (a) for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or - (b) for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.