Queensland Consolidated Acts Queensland Consolidated Acts(1) Each application must be made to the assessment manager in the approved form.
Editor's note--
A single application may be made for both a preliminary approval and a development permit.
(2) The approved form--
(a) must contain a mandatory requirements part including a requirement for an accurate description of the land; and
(b) may contain a supporting information part.
(3) Subject to subsections (12) and (13), each application must contain, or be supported by, the written consent of the owner of the land to the making of the application if the application is for--
(a) a material change of use of premises or a reconfiguration of a lot; or
(b) work on land below high-water mark and outside a canal as defined under the Coastal Protection and Management Act 1995; or
(c) work on rail corridor land as defined under the Transport Infrastructure Act 1994.
(4) Each application must be accompanied by the fee--
(a) if the assessment manager is a local government--fixed by resolution of the local government; or
(b) if the assessment manager is another public sector entity--prescribed under a regulation under this or another Act.
(5) To the extent the development involves a State resource prescribed under a regulation, the regulation may require the application to be supported by 1 or more of the following prescribed under the regulation for the development--
(a) evidence of an allocation of, or an entitlement to, the resource;
(b) evidence the chief executive of the department administering the resource is satisfied the development is consistent with an allocation of, or an entitlement to, the resource;
(c) evidence the chief executive of the department administering the resource is satisfied the development application may proceed in the absence of an allocation of, or an entitlement to, the resource.
(5A) The document containing the evidence may state a day, not less than 6 months after the date of the document, after which the evidence in the document may not be used under subsection (5).
(6) Subsection (3) does not apply for an application to the extent--
(a) subsection (5) applies to the application; or
(b) another Act requires the application to be supported by 1 or more of the things mentioned in subsection (5)(a) to (c).
Editor's note--
See, for example, the Water Act 2000, sections 967 and 969.
(7) An application is a properly made application if--
(a) the application is made to the assessment manager; and
(b) the application is made in the approved form; and
(c) the mandatory requirements part of the approved form is correctly completed; and
(d) the application is accompanied by the fee for administering the application; and
(e) if subsection (6) applies--the application is supported by the evidence required under subsection (5); and
(f) the development would not be contrary to a State planning regulatory provision.
Note--
For particular provisions relating to a declared master planned area, see also sections 2.5B.65 (Exclusion of particular provisions about making application) and 2.5B.66 (Additional provisions for when application is properly made).
(8) The assessment manager may refuse to receive an application that is not a properly made application.
(9) If the assessment manager receives, and after consideration accepts, an application that is not a properly made application, the application is taken to be a properly made application.
(10) Subsection (9) does not apply to an application--
(a) unless the application contains--
(i) the written consent of the owner of any land to which the application applies; or
(ii) any evidence required under subsection (5); or
(b) if the development would be contrary to a State planning regulatory provision.
(12) To the extent the land, the subject of the application, has the benefit of an easement and the development is not inconsistent with the terms of the easement, the consent of the owner of the servient tenement is not required.
(13) The consent of the owner of the land is not required to the extent--
(a) the land, the subject of the application, is acquisition land; and
(b) the application relates to the purpose for which the land is to be taken or acquired.