Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 56

56 Referral agency’s response

(1) After assessing the development application, the referral agency must decide—

(a) to tell the assessment manager that the agency has no requirements for the application; or

(b) to direct the assessment manager to do any or all of the following—

(i) to give any development approval subject to stated development conditions;

(ii) to give any development approval for only a stated part of the application;

(iii) to give any development approval only as a preliminary approval;

(iv) to impose a stated currency period for a development approval given; or

(c) to direct the assessment manager to refuse the application for stated reasons.

(2) However, to the extent the application is a variation request, the referral agency must, instead of a decision under subsection (1) , decide—

(a) to tell the assessment manager that the agency has no requirements for the variation request; or

(b) to direct the assessment manager to do any or all of the following—

(i) to approve only some of the variations sought;

(ii) subject to section 61 (3) —to approve different variations from those sought; or

(c) to direct the assessment manager to refuse the variation request.

(3) The referral agency may give advice about the application to the assessment manager.

(4) The referral agency must give a notice (a
"referral agency’s response" ) about the referral agency’s decision to—

(a) the applicant; and

(b) the assessment manager.

(5) A regulation may limit the powers of a referral agency (to the power to only give advice, for example).

(6) If—

(a) the referral agency is—

(i) the chief executive; or

(ii) an entity prescribed by regulation; and

(b) to the extent the referral agency’s assessment involves development other than development prescribed by regulation;

the referral agency must publish a notice about the referral agency’s decision on the referral agency’s website.

(7) The notice must state—

(a) a description of the development to which the referral agency’s assessment relates; and

(b) a description of the matters under section 55 (2) that the referral agency assessed the development against, and had regard to; and

(c) the reasons for the referral agency’s decision; and

(d) any matter prescribed by regulation.