Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies—
(a) if there is a disaster situation; and
(b) despite the Sustainable Planning Act.
(2) The chairperson of the State group may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provisions do not apply to a development application (an affected application) made to the local government but not decided before the day the local government receives the notice.
(3) The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared.
(4) The notice must state a day (the stated day), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect.
(5) As soon as practicable after giving a notice to a local government under subsection (2), the chairperson must publish, in a newspaper circulating in the local government's local government area, a notice stating—
(a) that the notice under subsection (2) has been given to the local government; and
(b) how the notice affects development applications made to the local government.
(6) If a notice is given to a local government under subsection (2)—
(a) the deemed approval provisions are taken not to apply to an affected application—
(i) from the day the local government receives the notice; and
(ii) to the end of the stated day; and
(b) the applicant for the affected application can not give a deemed approval notice under the Sustainable Planning Act for the application until after the end of the stated day; and
(c) a deemed approval notice given, or purportedly given, under the Sustainable Planning Act for the application after the day the local government receives the notice under subsection (2), and before the stated day ends, is taken to be of no effect under that Act.
(7) In this section—
deemed approval provisions means the Sustainable Planning Act, chapter 6, part 5, division 3, subdivision 4.
development application see the Sustainable Planning Act, schedule 3.
relevant local government, for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated.
Sustainable Planning Act means the Sustainable Planning Act 2009.