Sustainable Planning Amendment Regulation (No. 4) 2010 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 4) 2010 Subordinate Legislation 2010 No. 279 made under the SustainablePlanningAct2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 40A Prescribed information and documents for development applications—Act, s 736 . . . . . . . . . . . . 2 4 Insertion of new sch 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Schedule 25A Prescribed information and documents for development applications—Act, s 736

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 1] 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 4) 2010 . 2 Regulation amended This regulation amends the Sustainable Planning Regulation 2009. 3 ‘40A Insertion of new s 40A After section 40— insert— Prescribed information and documents for development applications—Act, s 736 ‘For section 736(2)(a) of the Act— (a) the prescribed information is mentioned in schedule 25A, part 1; and (b) the prescribed documents are mentioned in schedule 25A, part 2.’. 4 Insertion of new sch 25A After schedule 25— insert— Page 2 2010 SL No. 279

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 4] ‘Schedule 25A Prescribed information and documents for development applications—Act, s 736 section 40A ‘Part 1 Information 1 the name of a referral agency for the development application 2 whether the development application was withdrawn, lapsed or decided 3 if the development application was decided— (a) the day the decision was made; and (b) whether the development application was approved, approved subject to conditions or refused; and (c) whether the development application was taken to have been approved under section 331 of the Act; and (d) for a development application approved subject to conditions— (i) whether any of the conditions are concurrence agency conditions; and (ii) if so, the name of the concurrence agency for each concurrence agency condition; and (e) whether a negotiated decision notice was given for the development application; and (f) for a development application that was approved, whether a permissible change has subsequently been made to the development approval 4 if there was an appeal about the decision on the development application, whether the decision on the application was changed because of the decision on the appeal 2010 SL No. 279 Page 3

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 4] ‘Part 2 Documents 1 the development application and supporting material for the application, including, for example, an elevation, report or site plan 2 a request by the local government or a concurrence agency seeking advice or comment about the development application from a person under section 256 of the Act3 a document including any advice or comment given by a person in response to a request mentioned in item 2 4 a notice under section 266(1) of the Act that the development application is not a properly made application 5 an acknowledgement notice under section 267(2) of the Act6 a notice to revive the development application under section 274(1), 280(1) or 303(1) of the Act7 a notice under section 275(1) of the Actadvising the local government of the day the applicant gave each referral agency the referral agency material 8 an information request under section 276(1) of the Act9 a notice extending the information request period under section 277(1) of the Act10 an agreement extending the information request period under section 277(3) of the Act11 a document relating to information given under section 278(1)(a) or (b) of the Act in response to an information request, including, for example, an elevation, report or site plan 12 a notice under section 278(1)(b) or (c) of the Act in response to an information request 13 a request to the local government or a concurrence agency to extend the response period under section 279(3)(a) of the Act 14 a response given by the local government or a concurrence agency to a request mentioned in item 13 Page 4 2010 SL No. 279

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 4] 15 an agreement relating to a request mentioned in item 13 between the applicant and the local government or concurrence agency to whom the request was made 16 an advice given to the local government by a referral agency under section 281 of the Act about the applicant’s response to an information request 17 a notice extending a referral agency’s assessment period under section 284(1) of the Act18 an agreement extending a referral agency’s assessment period under section 284(3) of the Act19 an advice about extension of a referral agency’s assessment period under section 284(4) of the Act20 a concurrence agency’s response under section 285(2) or 290(1) of the Act21 a concurrence agency’s amended response under section 290(2) of the Act22 an advice agency’s response under section 291(2) of the Act23 a notice of the development application under section 297(1) of the Act24 an agreement about notification of the development application under section 297(1) of the Act25 a notice given to the local government under section 300 of the Actabout the last day an action mentioned in section 297(1) of the Actis carried out for notification of the development application 26 a notice given to the local government under section 301 of the Act about compliance with chapter 6, part 4, division 2 of the Act for notification of the development application 27 a submission made under section 305(1) of the Act and accepted by the local government under section 305(2) or (3) of the Act 28 a notice under section 305(4)(a) or (b) of the Act amending or withdrawing a submission mentioned in item 27 2010 SL No. 279 Page 5

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 4] 29 a notice under section 306(2) of the Actamending or withdrawing a submission 30 a notice extending the decision-making period under section 318(2) of the Act31 an agreement extending the decision-making period under section 318(4) of the Act32 a notice given by the applicant under section 318(5) of the Actthat the applicant does not intend to take action under section 320 or 321 of the Act33 a notice given under section 320(1) of the Actto stop the decision-making period 34 a notice given under section 320(3) of the Act to withdraw a notice mentioned in item 33 35 a request given to the chief executive under section 321(1)(a) of the Act to resolve conflict between 2 or more concurrence agency’s responses 36 a notice under section 321(1)(b) of the Actto stop the decision-making period 37 a notice given under section 321(6) of the Act to withdraw a notice mentioned in item 36 38 a notice of a change to the development application given by the applicant under section 351(1) of the Act39 a notice given by the local government under section 352 of the Actadvising a referral agency of the effect of a notice mentioned in item 38 40 a notice given under section 356(1) of the Act withdrawing the development application 41 a notice given under section 357(2) of the Act advising that the applicant has not referred the development application as required under section 272 of the Act42 correspondence about the development application between any of the following— (a) the applicant; Page 6 2010 SL No. 279

Sustainable Planning Amendment Regulation (No. 4) 2010 [s 4] (b) the local government; (c) a referral agency 43 correspondence about the development application between any of the entities mentioned in item 42 and a submitter 44 representations made by the applicant under section 361(1) of the Act45 a notice given by the local government under section 363(5) of the Actof a decision not to agree with any of the representations mentioned in item 44 46 a notice under section 366(1) of the Actsuspending the applicant’s appeal period 47 a notice under section 366(4)(a) of the Actwithdrawing a notice mentioned in item 46 48 a notice given by the Minister to the local government under section 418(1) or 419(1) of the Act49 a notice given by the Minister to a concurrence agency under section 420(1) of the Act50 a notice given by the Minister to the applicant under section 421(1) of the Act51 a notice given by the Minister to the local government under section 425(1) of the Actcalling in the development application 52 a copy of the Minister’s decision notice given to the local government under section 429(1) of the Act53 a notice given by the regional planning Minister to the local government under section 430(2) or (3) of the Act 54 a notice given by the Minister to the local government under section 431(1) of the Act referring the aspects of the development application not decided back to the local government’. 2010 SL No. 279 Page 7

Sustainable Planning Amendment Regulation (No. 4) 2010 ENDNOTES 1 Made by the Governor in Council on 7 October 2010. 2 Notified in the gazette on 8 October 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 Page 8 2010 SL No. 279