Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 37

37 Process for making or amending designation

(1) This section is about the process for—

(a) making a designation for premises; or

(b) amending a designation for premises, including by amending—

(i) the area of the premises; or

(ii) the type of infrastructure for which the premises were designated; or

(iii) a requirement included in the designation under section 35 (2) .

(2) If the Minister proposes to make or amend a designation, the Minister must give notice of the proposal to the affected parties.

(3) However, the Minister need not give the notice to an owner of premises if—

(a) a notice has already been given to the owner as part of the consultation for an assessment under section 36 (2) ; or

(b) the Minister can not notify the owner after making reasonable efforts.

(4) A notice under subsection (2) must state the following—

(a) that a submission about the proposal may be given by an affected party to the Minister;

(b) the period, of at least 15 business days after the notice is given, in which the submission may be made;

(c) the requirements for a properly made submission.

(5) If, after considering any properly made submissions, the Minister decides not to proceed with the proposal, the Minister must give a decision notice to the affected parties.

(6) If a local government proposes to make or amend a designation, the local government must follow the process in the designation process rules, before the local government makes or amends the designation.

(7) In this section—

"designation process rules" means rules made by the Minister and prescribed by regulation.

Note—

See section 42B for the process for making or amending the rules.