Queensland Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 854

854 Local laws and subordinate local laws about development

(1) A local government must not pass a resolution to propose to make a local law, or a subordinate local law, establishing a process about development, within the meaning of the Sustainable Planning Act 2009, if the process would be similar to or duplicate all or part of the processes in chapter 6 of that Act.

(1A) Subsection (1) does not apply for local laws about the following until the local government makes a decision to prepare a new planning scheme under the Sustainable Planning Act 2009--

(a) gates and grids;
(b) levees;
(c) advertising devices;
(d) roadside dining.

(2) A local law or a subordinate local law, to the extent the law or subordinate local law is contrary to subsection (1), is of no effect.

(3) Until the local government makes a decision to prepare a new planning scheme under the Sustainable Planning Act 2009, a provision of a local law or a subordinate local law that includes a process of a type mentioned in subsection (1) and is about a matter mentioned in subsection (1A) may be repealed but may not be amended.

(4) Subsection (3) also applies to a local law of a local government if--

(a) the area or part of the area of the local government (the first local government) has been amalgamated with another local government's area; and
(b) the local law--
(i) under a regulation, continues to apply in what was the first local government's area; or
(ii) has, by another local law, been applied, with or without amendment, to the entire area of the amalgamated local government areas.

(5) A local law, whether the law is made before or after the commencement of this section, is void to the extent it regulates a subscriber connection.

(6) In subsection (5)--

subscriber connection means an installation for the sole purpose of connecting a building, structure, caravan or manufactured home to a line that forms part of an existing telecommunications network.



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