Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 3.5.21

3.5.21 When approval lapses if development not started

(1) To the extent a development approval is for a material change of use of premises, the approval lapses if the first change of use under the approval does not happen within the following period (the relevant period)--

(a) 4 years starting the day the approval takes effect; or
(b) if the approval states a different period from when the approval takes effect-- the stated period.

(2) To the extent a development approval is for reconfiguring a lot, the approval lapses if a plan for the reconfiguration is not given to the local government under section 3.7.2(2) within the following period (also the relevant period)--

(a) for reconfiguration not requiring operational works--2 years starting the day the approval takes effect;
(b) for reconfiguration requiring operational works--4 years starting the day the approval takes effect;
(c) if the approval states a different period from when the approval takes effect--the stated period.

(3) To the extent a development approval is for development other than a material change of use of premises or reconfiguring a lot, the approval lapses if the development does not substantially start within the following period (also the relevant period)--

(a) 2 years starting the day the approval takes effect;
(b) if the approval states a different period from when the approval takes effect-- the stated period.

(4) Despite subsections (1) and (2), if there is 1 or more related approvals for a development approval mentioned in subsection (1) or (2), the relevant period is taken to have started on the day the latest related approval takes effect.

(5) If a monetary security has been given in relation to any development approval, the security must be released if the approval lapses under this section.

(6) The lapsing of a development approval for a material change of use of premises or reconfiguring a lot does not cause an approval mentioned in subsection (3) to lapse.

(7) In this section--

related approval, for a development approval for a material change of use of premises (the earlier approval), means--

(a) the first development approval for a development application made to a local government or private certifier within 2 years of the start of the relevant period, that is--
(i) to the extent the earlier approval is a preliminary approval--a development permit for the material change of use of premises; or
(ii) to the extent the earlier approval is a development permit or a preliminary approval for development mentioned in section 3.1.6(3)(a)(ii) or (iii)--a development permit for building work or operational work necessary for the material change of use of premises to take place; and
(b) each further development permit, for a development application made to a local government or private certifier within 2 years of the day the last related approval takes effect, that is for building work or operational work necessary for the material change of use of premises to take place.

related approval, for a development approval for reconfiguring a lot (also the earlier approval), means--

(a) the first development permit for a development application made to a local government within 2 years of the start of the relevant period, that is--
(i) to the extent the earlier approval is a preliminary approval--for the reconfiguration; or
(ii) to the extent the earlier approval is a development permit for reconfiguring a lot--for operational work related to the reconfiguration; and
(b) each further development permit, for a development application made to a local government within 2 years of the day the last related approval takes effect, that is for operational work related to the reconfiguration.


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