Queensland Consolidated Acts

INTEGRATED PLANNING ACT 1997 - SECT 6.1.30

(1) This section applies only for the part of the deciding aspects of a development application to which a transitional planning scheme or interim development control provision applies.

(2) Sections 3.5.13 and 3.5.14 do not apply for deciding the application.

(3) Instead, the assessment manager must, if the application is for development that before the commencement of this section would have required an application to be made under any of the following sections of the repealed Act--

(a) section 4.3(1)--decide the application under section 4.4(5) and (5A);

(b) section 4.12(1)--decide the application under section 4.13(5) and (5A);

(c) section 5.1(1) (whether or not section 5.10(1) applies)--decide the application under section 5.1(6) and (6A);

(d) section 5.2(1)--decide the application under section 5.2(4), as if all words in that section after 'conditions' were omitted;

(e) section 5.9(1)--decide the application under section 5.9(6) and (6A);

(f) section 5.11(1)--decide the application under section 5.11(5);

(g) section 5.12(1)--decide the application under section 5.12(4).

(4) If a development application is made for development that under a transitional planning scheme requires an application for the setting of conditions or the issue of a certificate of compliance or similarly endorsed certificate--

(a) the assessment manager may not refuse the application despite section 3.5.11(1)(c); but

(b) a concurrence agency may still direct the assessment manager to refuse the application.

(5) If the assessment manager does not decide the application mentioned in subsection (4) within the decision making period, the application is taken to have been approved--

(a) without conditions imposed by the assessment manager; and

(b) subject to any matter a concurrence agency told the assessment manager under section 3.3.18(1).

(6) However, if a concurrence agency told the assessment manager to refuse the application--

(a) if subsection (4) applies--the assessment manager must refuse the application; or

(b) if subsection (5) applies--the application is taken to be refused.

Editor's note--

For regional plans, see also sections 6.4.1 and 6.8.10.