Queensland Numbered Acts Queensland Numbered ActsSection 194—
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194 When administering authority must make final decision on application(1) The administering authority must make a final decision under section 194A for an application if—(a) the administering authority referred the application to the Land Court under section 185 and an objections decision is made about the application; or(b) the administering authority referred the application to the Land Court under section 185 because of an objection notice but, before an objections decision is made about the application, all objection notices for the application are struck out or withdrawn.(2) The final decision must be made—(a) if the MRA Minister or State Development Minister is given a copy of the objections decision under section 192—(i) if the application is accompanied by a proposed PRC plan—within 20 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193; or(ii) otherwise—within 10 business days after the end of the longer period within which either Minister must give advice relating to the application under section 193; or(b) if paragraph (a) does not apply—(i) if the application is accompanied by a proposed PRC plan—within 20 business days after receipt by the administering authority of notice under section 182(4) that the last remaining objection notice for the application is withdrawn; or(ii) otherwise—within 10 business days after receipt by the administering authority of notice under section 182(4) that the last remaining objection notice for the application is withdrawn.
194A Final decision on application(1) The administering authority’s final decision on an application for an environmental authority must be—(a) if a draft environmental authority was given for the application—(i) the application be approved on the basis of the draft environmental authority for the application; or(ii) the application be approved, but on stated conditions that are different from the conditions in the draft environmental authority; or(iii) the application be refused; or(b) if a draft environmental authority was not given for the application—(i) the application be approved subject to conditions; or(ii) the application be refused.(2) The administering authority’s final decision on a proposed PRC plan accompanying the application for the environmental authority must be—(a) the draft PRCP schedule for the plan be approved, with or without conditions; or(b) the draft PRCP schedule be refused.(3) If the administering authority refuses to approve a draft PRCP schedule for a proposed PRC plan accompanying an application for an environmental authority, the administering authority must also refuse the application for the environmental authority.
194B Matters to be considered in making final decision(1) In making a final decision on an application under section 194A, the administering authority must—(a) have regard to—(i) any objections decision for the application; and(ii) advice given by the MRA Minister or State Development Minister to the administering authority under section 193; and(iii) if a draft environmental authority was given for the application, or conditions were stated for the draft PRCP schedule for the proposed PRC plan accompanying the application—the draft environmental authority or conditions; and(b) if a draft environmental authority was not given for the application, or conditions were not stated for the draft PRCP schedule—(i) comply with relevant regulatory requirements; and(ii) subject to subparagraph (i), have regard to each matter mentioned in subsection (2).(2) For subsection (1)(b)(ii), the matters are—(a) the application; and(b) if the application is for an environmental authority—the standard conditions for the relevant activity or authority; and(c) a response given to an information request for the application; and(d) the standard criteria.