Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies for a development condition under another Act if, under the other Act, 'development condition' is defined with reference to a development approval.
(2) However, if under the other Act an entity is authorised to change or cancel conditions of a development approval in a different way, the other Act prevails to the extent of any inconsistency with this section.
(3) The development condition may be changed or cancelled by--
(a) if the condition was imposed as a concurrence agency condition--the entity that was the concurrence agency; or
(b) if the condition was imposed by an assessment manager--the entity that was the assessment manager; or
(c) if paragraph (a) or (b) does not apply--the entity that has jurisdiction for the condition.
(4) However, the condition may be changed or cancelled only on a ground mentioned in the other Act.
Editor's note--
See, for example, the Environmental Protection Act 1994, section 73C.
(5) The change or cancellation may be made without the consent of the owner of the land to which the approval attaches and any occupier of the land.
(6) Section 3.5.30 applies to the changed condition.
(7) If the entity is satisfied it is necessary to change or cancel the condition, the entity must give written notice to the owner of the land to which the approval attaches and any occupier of the land.
(8) The notice must state--
(a) the proposed change or cancellation and the reasons for the change or cancellation; and
(b) that each person to whom the notice is given may make a written submission to the entity about the proposed change or cancellation; and
(c) the time, which must be at least 15 business days after the notice is given to the holder, within which the submission may be made.
(9) After considering any submissions, the entity must give to each person to whom the notice was given--
(a) if the entity is not satisfied the change or cancellation is necessary--written notice stating it has decided not to change or cancel the condition; or
(b) if the entity is satisfied the change or cancellation is necessary--written notice stating it has decided to change or cancel the condition, and include details of the changed conditions or cancellation.
(10) If the entity was a concurrence agency, the entity must also give the entity that was the assessment manager written notice of the change or cancellation.
(11) The changed condition or cancellation takes effect from the day the notice is given to the owner of the land.