Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 3.5.14

3.5.14 Decision if application requires impact assessment

(1) This section applies to any part of the application requiring impact assessment.

(2) If the application is for development in a planning scheme area, the assessment manager's decision must not--

(a) compromise the achievement of the desired environmental outcomes for the planning scheme area; or
(b) conflict with the planning scheme, unless there are sufficient grounds to justify the decision despite the conflict.

(3) If the application is for development outside a planning scheme area, the assessment manager's decision must not compromise the achievement of the desired environmental outcomes for any planning scheme area that would be materially affected by the development if the development were approved.

(4) Subsections (2)(a) and (3) do not apply if compromising the achievement of the desired environmental outcomes is necessary to further the outcomes of any of the following if they are not identified in the planning scheme as being appropriately reflected in the planning scheme--

(a) State planning policies, or parts of State planning policies;
(b) for the planning scheme of a local government in the relevant area for a State planning regulatory provision--the provision;
(c) for the planning scheme of a local government in a designated region--the region's regional plan.
Note--
For declared master planned areas, see also section 2.5B.70 (Assessable development requiring impact assessment).


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