State Development and Public Works Organisation Act 1971

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.

The stated period must be at least the following number of days after the notice is given—

if there is a decision-making period for the prescribed decision and the period is less than 20 business days—the number of days in the decision-making period;

otherwise—20 business days.

The notice to decide must—

be accompanied by a copy of the declaration for the prescribed project to which the prescribed decision relates; and

identify the decision; and

state the decision maker must—

make the decision within the stated period; and

inform the Coordinator-General of the decision within 5 business days after it is made.

On receiving the notice to decide, the decision maker must—

subject to subsection (6), make the prescribed decision within the period stated in the notice for that purpose; and

inform the Coordinator-General of the decision within 5 business days after it is made.

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.

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.

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.

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.

Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision.