QLDIn ForceAct
Soil Conservation Act 1986
sec.13Revocation of an approved property plan
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### sec.13 Revocation of an approved property plan
The chief executive may revoke the approval of a property plan or part of it, if the chief executive considers that circumstances no longer require or justify the continuance of the approved property plan or that part of it.
The chief executive may, where land other than the subject land would not be affected by the proposed revocation of the approval of an approved property plan, with the agreement of the owner of the subject land, revoke the approval of the plan.
Where land other than the subject land would be affected by the revocation of the chief executive’s approval of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the proposed revocation with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the proposed revocation of the plan the chief executive may revoke the approval of the plan.
Where the chief executive intends to revoke the approval of a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the proposed revocation, the chief executive shall, by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice of the proposed revocation and that all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .
Where no objection is lodged within the period referred to in subsection (4) , the chief executive may revoke the approval of the property plan.
Where an objection to the proposed revocation is lodged but there is no appeal against the chief executive’s determination to proceed with the revocation or an appeal is lodged but withdrawn or dismissed by the Land Court, the chief executive may revoke the approval of the property plan.
Where an appeal is upheld by the Land Court, the chief executive’s approval of the property plan shall not be revoked.
Where the approval of a property plan is revoked, the chief executive shall give notice of the revocation—
in writing, to—
the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and
the local government for the area in which the subject land and any affected land is situated; and
at least once in at least 1 newspaper circulating in the locality of the subject land.
s 13 amd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1
(sec.13-ssec.1) The chief executive may revoke the approval of a property plan or part of it, if the chief executive considers that circumstances no longer require or justify the continuance of the approved property plan or that part of it.
(sec.13-ssec.2) The chief executive may, where land other than the subject land would not be affected by the proposed revocation of the approval of an approved property plan, with the agreement of the owner of the subject land, revoke the approval of the plan.
(sec.13-ssec.3) Where land other than the subject land would be affected by the revocation of the chief executive’s approval of a property plan, the chief executive shall ensure that all reasonable efforts are made to discuss the proposed revocation with all the owners of affected land and the subject land, and on receipt of written advice that all those owners have no objection to the proposed revocation of the plan the chief executive may revoke the approval of the plan.
(sec.13-ssec.4) Where the chief executive intends to revoke the approval of a property plan and can not obtain written advice that all the owners of affected land and the subject land have no objection to the proposed revocation, the chief executive shall, by notice specifying the name of the registered owner of the subject land and providing a property description of the subject land sufficient to enable its identification, published at least once in at least 1 newspaper circulating in the locality of the subject land, give notice of the proposed revocation and that all matters relevant to it are open for inspection at the department’s office serving the subject land for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5 .
(sec.13-ssec.5) Where no objection is lodged within the period referred to in subsection (4) , the chief executive may revoke the approval of the property plan.
(sec.13-ssec.6) Where an objection to the proposed revocation is lodged but there is no appeal against the chief executive’s determination to proceed with the revocation or an appeal is lodged but withdrawn or dismissed by the Land Court, the chief executive may revoke the approval of the property plan.
(sec.13-ssec.7) Where an appeal is upheld by the Land Court, the chief executive’s approval of the property plan shall not be revoked.
(sec.13-ssec.8) Where the approval of a property plan is revoked, the chief executive shall give notice of the revocation— in writing, to— the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and the local government for the area in which the subject land and any affected land is situated; and at least once in at least 1 newspaper circulating in the locality of the subject land.
- (a) in writing, to— (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and (ii) the local government for the area in which the subject land and any affected land is situated; and
- (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and
- (ii) the local government for the area in which the subject land and any affected land is situated; and
- (b) at least once in at least 1 newspaper circulating in the locality of the subject land.
- (i) the owner, or where the owner is not in occupation, the occupier of the subject land and any affected land; and
- (ii) the local government for the area in which the subject land and any affected land is situated; and