Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies in relation to balance port land that is in the Northshore Hamilton urban development area under this Act.
(2) A person may apply to the authority to restart a use of premises on the land if—
(a) the use—
(i) is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or
(ii) was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or
(ii) is generally consistent with a use mentioned in subparagraph (i) or (ii); and
(b) the application is made within 6 months after the use stopped.
(3) For making, dealing with and deciding the application, part 4, division 3 applies, with any necessary changes, as if it were a UDA development application.
(4) A person may, under section 75, apply to the authority to change a development approval for a use mentioned in subsection (2)(a)(i) or (ii) to an extent that—
(a) only changes the configuration or layout of buildings, other structures or plant; and
(b) does not involve an extension of the area of any buildings, other structures or plant.
(5) A person may apply to the authority to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a UDA development approval.
(6) An application under subsection (4) or (5) may be made under section 75 as if it were an amendment application under that section.
Note—
Under section 75(2), an amendment application may be made only if the authority is satisfied the change would not result in the relevant development being materially different.
(7) An application mentioned in this section may be made to the authority, and approved by the authority, despite any provision of the northshore scheme that prohibits the development.
(8) An application mentioned in this section may be made in relation to premises from the commencement until the day the term of the current lease for the premises ends.
(9) In this section—
balance port land see the Transport Infrastructure Act 1994, section 283I.
commencement means the day this section commences.
current lease, for premises, means a lease that is in existence for the premises immediately before the commencement of this section.
first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under this Act.
Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.