Queensland Numbered Acts

SUSTAINABLE PLANNING ACT 2009 No. 36 - SECT 729

(1) An assessment manager must keep available for inspection and purchase the original or the designated type of copy of each of the following--

(a) each decision notice and negotiated decision notice given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice;

(b) each decision notice and negotiated decision notice a copy of which was given to the assessment manager by a private certifier;

(c) each deemed approval notice given to the assessment manager;

(d) each written notice given to the assessment manager by the Minister calling in a development application;

(e) each direction given by the Minister directing the assessment manager to attach conditions to a development approval;

(f) each agreement to which the assessment manager or a concurrence agency is a party about a condition of a development approval;

(g) each show cause notice and enforcement notice given by the assessment manager as an assessing authority;

(h) each enforcement order made by the court on the application of the assessment manager as an assessing authority;

(i) for each building development application approved for a building in its area--

(i) if, under the Building Act, the application was made to a private certifier (class A)--the documents relating to the application given to the local government, under section 86 of that Act; or

Editor's note--

Building Act, section 86 (Requirements on approval of application)

(ii) if the application was made to the local government--the application and the approval documents for the application as defined under the Building Act;

(j) inspection certificates or other documents about the inspection of building work that, under the Building Act, the assessment manager must keep.

(2) The documents mentioned in subsection (1) may be contained in hard copy or electronic form in 1 or more registers kept for the purpose.

(3) If the assessment manager has a website, the assessment manager must publish on the website--

(a) all decision notices and negotiated decision notices given by the assessment manager; and

(b) all deemed approval notices given to the assessment manager.

(4) Subsection (3) does not apply to a decision notice or a negotiated decision notice given by a private certifier.

(5) Despite subsection (1), the obligation under the subsection does not apply to the extent the assessment manager is reasonably satisfied a document mentioned in subsection (1)(i) or (j) contains--

(a) sensitive security information; or

(b) information of a purely private nature about an individual, including, for example, someone's residential address.

(6) Also, the obligation under subsection (1)(i) applies only until--

(a) if the building the subject of the approval is, under the BCA, a class 10 building, other than a swimming pool fence, the earlier of the following to happen--

(i) the building's demolition or removal;

(ii) the end of 10 years from when the approval was given; or

(b) if the building the subject of the approval is of any other class under the BCA or is a swimming pool fence--the building's demolition or removal.

(7) In this section--

designated type of copy, for a document, means--

(a) for a document mentioned in subsection (1)(a) to (h)--a certified copy; or

(b) otherwise--an ordinary copy.