Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if, because of a change in the law an activity that is being carried out and is not a chapter 4 activity becomes a chapter 4 activity.
(2) Section 427 does not apply to the person carrying out the activity until 1 year after the day the activity becomes a chapter 4 activity.
(3) Also, section 427 does not apply to the person carrying out the activity after the 1-year period mentioned in subsection (2) ends if, within the period—
(a) if the activity is a chapter 4 activity that is subject to a code of environmental compliance—the person applied to be a registered operator for the activity; or
(b) if the activity is a chapter 4 activity that is not subject to a code of environmental compliance—
(i) the person applied to be a registered operator for the activity; and
(ii) a development application was made for carrying out the activity.
(4) Subsection (3) continues to have effect in relation to the person until—
(a) the application under subsection (3)(a) has been decided; or
(b) both applications under subsection (3)(b) have been decided; or
(c) the application lapses.
(5) If a development application mentioned in subsection (3) is made, despite the Planning Act, the applicant must respond to an information request about the application within 3 months after the day the request is made.
(6) If the applicant does not respond to an information request about the application within 3 months after the day the request is made, the application lapses.
(7) Subsection (6) applies despite the Planning Act, sections 279 and 280.