Queensland Numbered Acts Queensland Numbered ActsChapter 3 , part 6A —
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106HA Amending declaration(1) The Minister may, by notice given to the applicant for the relevant application (an
"amendment notice" ), amend a declaration made under section 106D in relation to the application that is in effect.Note—For when a declaration stops having effect, see section 106G.(2) Without limiting subsection (1), the Minister may amend the declaration—(a) to change the restarting point for the relevant application; or(b) to extend or shorten the application period for the relevant application.(3) However, an amendment mentioned in subsection (2)(b) can not—(a) be made after the application period for the relevant application ends; or(b) state that the application period for the relevant application ends on a day that is before the day the amendment notice is given.(4) The amendment notice must state—(a) the day the notice is given; and(b) details of the relevant application; and(c) details of the amendment being made; and(d) the reasons for making the amendment; and(e) any other matter prescribed by regulation.(5) The amendment takes effect on the day the amendment notice is given.(6) The Minister must—(a) give a copy of the amendment notice to each entity to which the declaration notice for the declaration was given; and(b) publish a copy of the amendment notice on the department’s website.(7) If the declaration is amended to change the restarting point for the relevant application, the process for administering the application starts again from the restarting point as changed.
106HB Notice of proposed amendment(1) This section applies if—(a) the relevant application was made to the decision-maker for the application before the declaration was made; or(b) an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.(2) Before amending the declaration under section 106HA, the Minister must—(a) give a notice to each entity mentioned in section 106C(2)(a) to (d) that states—(i) that the Minister is proposing to amend the declaration; and(ii) the day the notice is given; and(iii) details of the relevant application; and(iv) details of the proposed amendment; and(v) the reasons for making the proposed amendment; and(vi) that the entity to which the notice is given may make representations to the Minister about the proposed amendment within the stated period of at least 5 business days after the day the notice is given; and(vii) any other matter prescribed by regulation; and(b) consider any representations about the proposed amendment made during the period stated in the notice.(3) Subsection (4) applies if the notice given under subsection (2)(a) states that the process for administering the application is suspended until a stated day.(4) Subject to section 106HA(7), the process for administering the application stops on the day the notice is given and restarts on the stated day from the point in the process at which it stopped.
106HC Revoking declaration(1) The Minister may, by notice given to the applicant for the relevant application (a
"revocation notice" ), revoke a declaration made under section 106D in relation to the application that is in effect.Note—For when a declaration stops having effect, see section 106G.(2) However, the Minister may revoke the declaration only if the Minister—(a) is satisfied that section 106D(2)(a), (b) or (c) does not apply in relation to the relevant application; or(b) considers that the declaration is no longer appropriate in all the circumstances.(3) The revocation notice must state—(a) that the declaration is revoked; and(b) the day the notice is given; and(c) details of the relevant application; and(d) the reasons for revoking the declaration; and(e) the effect of the revocation under section 106HE, 106HF or 106HG; and(f) for a relevant application in relation to which section 106HF applies—the point in the process for administering the application from which the process must restart; and(g) any other matter prescribed by regulation.(4) In deciding the point mentioned in subsection (3)(f), the Minister may have regard to any matter the Minister considers relevant.(5) The revocation takes effect on the day the revocation notice is given.(6) The Minister must—(a) give a copy of the revocation notice to each entity to which the declaration notice for the declaration was given; and(b) publish a copy of the revocation notice on the department’s website.
106HD Notice of proposed revocation(1) This section applies if—(a) the relevant application was made to the decision-maker for the application before the declaration was made; or(b) an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.(2) Before revoking the declaration under section 106HC, the Minister must—(a) give a notice to each entity mentioned in section 106C(2)(a) to (d) that states—(i) that the Minister is proposing to revoke the declaration; and(ii) the day the notice is given; and(iii) details of the relevant application; and(iv) the reasons for the proposed revocation; and(v) the effect of the revocation under section 106HE, 106HF or 106HG; and(vi) that the entity to which the notice is given may make representations to the Minister about the proposed revocation within the stated period of at least 5 business days after the day the notice is given; and(vii) any other matter prescribed by regulation; and(b) consider any representations about the proposed revocation made during the period stated in the notice.(3) Subsection (4) applies if the notice given under subsection (2)(a) states that the process for administering the application is suspended until a stated day.(4) Subject to sections 106HE to 106HG, the process for administering the application stops on the day the notice is given and restarts on the stated day from the point in the process at which it stopped.
106HE Effect of revocation—relevant application made and decided before declaration made(1) This section applies if—(a) a declaration in relation to the relevant application is revoked under section 106HC; and(b) the relevant application was made to the decision-maker for the application before the declaration was made.(2) Subsections (3) to (5) apply if, before the declaration was made, the decision-maker for the relevant application had decided the relevant application, and given a decision notice for the relevant application to at least 1 entity under—(a) if the relevant application is a development application—section 63(1), 64(6) or 76(2); or(b) if the relevant application is a change application—section 64(6), 76(2) or 83(1) or (2).(3) On the day the revocation takes effect, section 106H(2)(a) stops applying in relation to the decision.(4) The decision notice is taken to have been given to the entity by the decision-maker on the day the revocation takes effect.(5) A decision notice given in relation to the decision is not invalid merely because the decision notice is given, or taken to have been given, to an entity after any period for giving the notice under this Act or the development assessment rules has ended.(6) Subsection (7) applies if, before the declaration was made—(a) the applicant had given a deemed approval notice to the decision-maker for the relevant application under section 64; and(b) the decision-maker had not given a decision notice for the relevant application to the applicant under section 64(6).(7) The decision-maker for the relevant application is taken to have given a deemed approval to the applicant on the day the revocation takes effect.(8) Subsection (9) applies if, before the declaration was made—(a) a person’s appeal period for an appeal in relation to the decision or deemed approval had ended; and(b) the person had not started an appeal in relation to the decision or deemed approval.(9) Despite section 229, the person may not appeal against the decision or deemed approval.
106HF Effect of revocation—relevant application made but not decided before declaration made(1) This section applies if—(a) a declaration in relation to the relevant application is revoked under section 106HC; and(b) the relevant application was made to the decision-maker for the application before the declaration was made; and(c) the decision-maker for the relevant application had not, before the declaration was made, given a decision notice for the application to at least 1 entity under—(i) if the relevant application is a development application—section 63(1), 64(6) or 76(2); or(ii) if the relevant application is a change application—section 64(6), 76(2) or 83(1) or (2); and(d) the applicant had not, before the declaration was made, given a deemed approval notice to the decision-maker for the relevant application under section 64.(2) Subject to subsection (3), the decision-maker for the relevant application must assess and decide the application under parts 1 to 5.(3) The process for administering the relevant application starts again from the point stated in the notice revoking the declaration.
106HG Effect of revocation—other applications(1) This section applies if—(a) a declaration in relation to the relevant application is revoked under section 106HC; and(b) an application that is not substantially different from the relevant application has been made to the chief executive within the application period for the application.(2) The application made to the chief executive is taken to have been withdrawn.