Queensland Numbered Acts

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PLANNING ACT 2016 - SECT 267

Making or renewing registrations

267 Making or renewing registrations

(1) This section applies to premises if—
(a) an activity that involves emissions is carried out on the premises; and
(b) the levels of emissions from the premises comply with—
(i) any development approval for the premises; and
(ii) any authority under the Environmental Protection Act (an
"environmental authority" ) applying to the activity.
(2) The owner of the premises may apply to the Minister to register the premises.
(3) The Minister must consider the application and decide to—
(a) register the premises, with or without conditions; or
(b) refuse to register the premises.
(4) The owner of registered premises may apply to the Minister to renew the registration of premises, before the registration expires.
(5) The Minister must consider the application and decide to—
(a) renew the registration, with or without conditions; or
(b) refuse to renew the registration.
(6) If an application to renew the registration of premises is made before the registration expires, the registration continues until the application—
(a) is decided; or
(b) is withdrawn, or taken to have been withdrawn, by the applicant.
Note—
A regulation made under section 275 may prescribe the circumstances in which an application is taken to have been withdrawn.
(7) The Minister may register premises, or renew the registration of premises, if the Minister is satisfied—
(a) the levels of emissions from the premises comply with—
(i) any development approval for the premises; and
(ii) an environmental authority applying to the activity; and
(b) about any matters prescribed by regulation.
(8) The Minister must, as soon as practicable after deciding an application under subsection (3) or (5), give a decision notice to the applicant.
(9) The decision notice must identify the affected area for the premises.
(10) The registration of premises starts to have effect on—
(a) for a decision to register premises—
(i) the day the decision notice is given to the applicant; or
(ii) a later day stated in the decision notice; or
(b) for a decision to renew the registration of premises—the day after the registration would have ended if the registration had not been renewed.
(11) A registration, including a renewed registration, that is not cancelled, continues to have effect for—
(a) the period of between 10 years and 25 years stated in the decision notice; or
(b) if the decision notice does not state a period—10 years.
(12) As soon as practicable after premises are registered, or a registration is renewed, the Minister must give notice of the registration or renewal to each local government in whose local government area the affected area for the registered premises is situated.
(13) As soon as practicable after receiving the notice, the local government must note the registration on—
(a) the local government’s planning scheme; and
(b) any planning scheme that the local government makes before the registration expires.



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