Queensland Numbered Acts

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Notice of decision

63 Notice of decision

(1) The assessment manager must give a decision notice about the assessment manager’s decision to—
(a) the applicant; and
(b) each referral agency; and
(c) if the development is in a local government area and the assessment manager is not the local government—the local government; and
(d) if the assessment manager is a chosen assessment manager—the prescribed assessment manager; and
(e) if a negotiated decision notice is not given in relation to the decision—each principal submitter; and
(f) any other person prescribed by regulation.
See the development assessment rules for when the notice is to be given.
(2) The notice must be in the approved form and state—
(a) whether the application is approved, approved in part or refused; and
(b) if the application is approved in part—the extent to which the application is approved; and
(c) if the application is approved or approved in part—whether the approval is a preliminary approval, a development permit, or both; and
(d) if section 64(5) applies—that the assessment manager is taken to have approved the application under that subsection; and
(e) if development conditions are imposed—
(i) the conditions; and
(ii) for each condition—whether the condition was imposed directly by the assessment manager or required to be imposed under a referral agency’s response; and
(iii) for each condition imposed under a referral agency’s response—the referral agency’s name; and
(iv) for each condition about infrastructure under chapter 4—the provision of this Act under which the condition was imposed; and
(f) if the application is refused—
(i) whether the assessment manager was directed to refuse the application and, if so, the referral agency directing refusal and whether the refusal was solely because of the direction; and
(ii) for a refusal for a reason other than because of a referral agency’s direction—the reasons for the refusal; and
(g) for a variation approval—the variations; and
(h) the name, residential or business address, and electronic address of each principal submitter; and
(i) the day the decision was made.
(3) The notice must also state, or be accompanied by, the documents prescribed by regulation.
(4) If—
(a) the assessment manager in relation to a development application is—
(i) a local government; or
(ii) the chief executive; or
(iii) an entity prescribed by regulation; and
(b) the development application involved—
(i) a material change of use; or
(ii) reconfiguring a lot; or
(iii) building work, other than to the extent the building work is assessable against the building assessment provisions; or
(iv) development prescribed by regulation;
the assessment manager must publish a notice about the decision on the assessment manager’s website.
(5) The notice must state—
(a) a description of the development; and
(b) a description of the assessment benchmarks applying for the development; and
(c) to the extent the development required impact assessment—
(i) any relevant matters under section 45(5)(b) that the development was assessed against, or to which regard was had, in the assessment; and
(ii) a description of the matters raised in any submissions; and
(iii) how the assessment manager dealt with the matters described under subparagraph (ii) in reaching a decision; and
(d) the reasons for the assessment manager’s decision; and
(e) if the development application was approved, or approved subject to conditions, and the development did not comply with any of the benchmarks—the reasons why the application was approved despite the development not complying with any of the benchmarks; and
(f) any matter prescribed by a regulation.

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