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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 76J
Notice to decide
(1) The Coordinator-General may, by written notice (a
"notice to decide" ) given to the decision maker for a prescribed decision,
require the decision maker to make the decision within the period stated in
the notice.
(2) The stated period must be at least— (a) 20 business days
after the notice is given; or
(b) if, under the relevant law for the
prescribed decision, the decision maker would, other than for this section, be
required to make the decision within a period that is less than the period
mentioned in paragraph (a) —the lesser period.
(3) The notice to decide
must— (a) be accompanied by a copy of the declaration for the prescribed
project to which the prescribed decision relates; and
(b) identify the
decision; and
(c) state the decision maker must— (i) make the decision
within the stated period; and
(ii) inform the Coordinator-General of the
decision within 5 business days after it is made.
(4) On receiving the
notice to decide, the decision maker must— (a) subject to subsection (6) ,
make the prescribed decision within the period stated in the notice for that
purpose; and
(b) inform the Coordinator-General of the decision within 5
business days after it is made.
(5) The Coordinator-General may, by written
notice given to the decision maker and without the decision maker’s
agreement, extend the period for making the prescribed decision, having regard
to the nature of the prescribed project to which the decision relates.
(6) If
the Coordinator-General extends the period for making the prescribed decision
under subsection (5) , the decision maker must make the decision within the
extended period.
(7) If the prescribed decision relates to an application for
a development approval, or a change application for a development approval
(other than a minor change application), the notice to decide may be given to
the decision maker only after the decision-making period for the application
starts.
(8) Before giving a notice to decide for a prescribed decision, other
than a decision mentioned in subsection (7) , the Coordinator-General must
have regard to the requirements, if any, under the relevant law for the
decision about public notification of information or other matters in relation
to the decision.
(9) Subject to this section, the relevant law for the
prescribed decision continues to apply to the making of the decision.
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