Queensland Numbered 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.

(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) The notice must invite the affected parties to make submissions about the proposal to the Minister within a period of at least 15 business days after the notice is given.

(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) Sections 10 and 11 apply to the making or amendment of the designation process rules as if the designation process rules were a State planning policy.

(8) In this section—

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