Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if--
(a) a person wants to change or cancel a condition; and
(b) no assessable development would arise from the change or cancellation.
(2) The person may, by written notice to the entity that decided the condition or required the condition to be imposed on or attached to the approval, ask the entity to change or cancel the condition.
(3) If the person is not the owner of the land to which the approval attaches, the request must be accompanied by the owner's consent.
(3A) If the development approval is for building work or operational work for the supply of community infrastructure on land designated for the community infrastructure--
(a) subsection (1) applies only to a person who intends to supply, or is supplying, the infrastructure; and
(b) subsection (3) does not apply.
(3B) Subsection (3C) applies if an application for the approval were made at the time the request is made and evidence under section 3.2.1(5) would be required to support the application.
(3C) The request must also be accompanied by the written agreement of the chief executive from whom evidence would need to be obtained under section 3.2.1(5).
(4) If the entity has a form for the request, the request must be in the form and be accompanied by the fee for the request--
(a) if the entity is a local government--set by a resolution of the local government; or
(b) if the assessment manager is another public sector entity--the fee prescribed under a regulation under this or another Act.
(5) The entity must decide the request within 20 business days after receiving the request.
(6) The entity and the person may agree to extend the period within which the entity must decide the request.
(7) To the extent relevant, the entity must assess and decide the request having regard to--
(a) the matters the entity would have regard to if the request were a development application; and
(b) if submissions were made about the application under which the condition was originally imposed--the submissions.
(7A) Also, if a building referral agency gave advice about an aspect of the application the subject of the request, the entity must have regard to the opinion of the agency about the change before deciding the request.
(8) The entity must give the person written notice of its decision.
(9) If the entity is a concurrence agency or the court, the entity must give the assessment manager written notice of any change or cancellation.
(10) The changed condition or cancellation takes effect from the day the notice is given to the person.
(11) Subsections (5) and (6) do not apply if the entity is the court.