Queensland Consolidated Acts

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TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 44

44 Effect of decisions of Planning and Environment Court

(1) If—

(a) an approval under section 42(1) (Impact of certain local government decisions on State-controlled roads) is subject to conditions; and
(b) a local government imposes conditions on the road works or changes to which the approval relates; and
(c) the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the conditions of the approval under section 42(1), the conditions of the approval are taken to be amended accordingly.

(2) If—

(a) there are permission criteria relevant to road works or changes mentioned in section 42; and
(b) a local government imposes conditions on the road works or changes; and
(c) the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the road works or changes.

(3) If—

(a) an approval under section 43(1) (Distraction of traffic on motorways) is subject to conditions; and
(b) a local government imposes conditions on the relevant erection, alteration or operation of the sign or other device; and
(c) the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the conditions of the approval under section 43(1), the conditions of the approval are taken to be amended accordingly.

(4) If—

(a) there are permission criteria relevant to the erection, alteration or operation of a sign or other device mentioned in section 43; and
(b) a local government imposes conditions on the erection, alteration or operation; and
(c) the Planning and Environment Court amends the conditions mentioned in paragraph (b);

then, to the extent to which the amendment relates to the permission criteria, the permission criteria are taken to be amended accordingly in their application to the erection, alteration or operation.

(5) The Planning and Environment Court is not to amend conditions as mentioned in this section without giving the chief executive a chance to be heard.



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