A failure by a local government to refer to the evidence underlying factual findings in an information notice accompanying an infrastructure charges notice under s 637(2) of the Sustainable Planning Act 2009 (Qld) does not render the ICN invalid, where the other requirements of s 637 are met. The standard of reasons required of a local government issuing an ICN is not akin to that of a judicial or quasi-judicial decision-maker; reasons may be short and terse provided they are proper, adequate and intelligible. Retrospective validation legislation (s 344 of the Planning Act 2016 (Qld)) cannot be applied on an appeal in the strict sense unless it clearly and explicitly provides for that extraordinary retrospective operation.
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