Queensland Numbered Acts

PLANNING ACT 2016 - SECT 104

104 Deciding called in application

(1) If the Minister gives a call in notice to the decision-maker, other than for a cancellation application, the Minister may—

(a) assess and decide all or part of the application; or

(b) if the call in notice is given before the decision-maker decides the application—

(i) direct the decision-maker to assess all or part of the application; and

(ii) decide the application, or part of the application, based on the decision-maker’s assessment.

(2) If the Minister gives a call in notice to the decision-maker for a cancellation application, and the application complies with section 84(1), the Minister must cancel the development approval.

(3) The decision-maker must give all reasonable help that the Minister requires to assess or decide the application.

Examples—

• giving all material about the application that the original assessment manager had before the call in or receives after the call in

• giving any other material relevant to assessing the application

(4) The following provisions do not apply to the application—

(a) for a development application†”sections 45(3) to (7), 60 to 62, to the extent those sections impose obligations on the assessment manager, and section 64;

(b) for change representations†”section 76(1);

(c) for a change application for a minor change†”section 81;

(d) for a change application for a change that is not a minor change†”section 82;

(e) for an extension application†”section 87(1) to (4).

(5) For an application that is not a cancellation application, the Minister may consider anything the Minister considers relevant.

(6) The Minister need not consider any referral agency’s response.

(7) The period under this chapter or the development assessment rules between the day the last procedural event for the application ends, and the day before the application must be decided, is replaced by—

(a) 30 business days; or

(b) if, before the 30 business days end, the Minister gives a notice extending the period to the entities in section 102(1)†”50 business days.

(8) The requirements for the content of notices under sections 63, 83(2) and (3), and 87(5) apply only to the extent the Minister considers relevant.

(9) The notice that the Minister gives about the Minister’s decision must state—

(a) the matters the Minister considered in making the decision; and

(b) if the Minister decided only part of the application—

(i) that the assessment manager must assess and decide the other part; and

(ii) the point in the process for assessing the application, and the day from which the assessment must restart, for the other part.

(10) The Minister must give the notice to each person who was required to be given the call in notice.

(11) If the notice is about change representations, the notice does not replace the decision notice for the development application or change application.

(12) However, any development conditions decided by the Minister are part of the development approval and apply instead of any other development conditions, to the extent of any inconsistency.

(13) In this section—

"procedural event" means any action that must be completed, for the application under the process for administering the application, after the application is called in but before a decision about the application must be made, including—

(a) responding to a request for further information made under the process; and

(b) giving a referral agency response; and

(c) giving a response notice under section 80; and

(d) making properly made submissions.