Queensland Consolidated Acts

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SECT 76N

76N Effects of step in notice

(1) If the Coordinator-General gives a step in notice for a prescribed decision or process—

(a) the Coordinator-General is the decision maker under the relevant law for the prescribed decision or process from the time the step in notice is given until the Coordinator-General makes a decision, under section 76O , about the prescribed decision or process; and

(b) for making the decision, the Coordinator-General has all the powers of the decision maker under the relevant law for the prescribed decision or process; and

(c) for making the decision, the Coordinator-General must consider the following—

(i) the criteria, if any, for making the prescribed decision under the relevant law for the decision or process;

(ii) the purposes of this part under section 76A (b) , (c) (i) and (ii) , and (d);

(iii) the matters relevant to the undertaking of a prescribed project and prescribed under a regulation;

(iv) another matter relevant to the prescribed decision or process, or the prescribed project to which the decision or process relates, and prescribed under a regulation; and

(d) if the prescribed decision or process relates to an application for a development approval or a change application for a development approval (other than a minor change application)—

(i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and

(ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and

(e) if an appeal was made or a review was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal or review is of no further effect; and

(f) despite paragraph (a) , the Coordinator-General’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the Coordinator-General under this Act.

(2) Despite subsection (1) (d) (i) , the assessment manager or responsible entity for the application is taken to be a referral agency for the application only until the Coordinator-General makes a decision, under section 76O , about the prescribed decision or process.