Queensland Consolidated Acts

LAND ACT 1994 - SECT 420C

420C Requirements for making an application

(1) An application is made only if it complies with the following (the
"application requirements" ) and any particular requirements under this Act for making it—

(a) it must be made to the chief executive;

(b) it must be in the appropriate form;

(c) it must comply with all relevant guideline directions;

(d) it must be accompanied by the fee prescribed under a regulation;

(e) if the particular requirements under this Act for making the application include a notification provision—it must be accompanied by a copy of the notice of the applicant’s intention to make the application given to each entity under the notification provision.

(2) Subsection (1) (a) applies even if the chief executive is not the person who may or must decide the application.

(3) The chief executive must refuse to receive or process a purported application not made in accordance with the application requirements.

(4) However, subsection (3) does not apply if—

(a) the only noncompliance with the application requirements is a noncompliance with a guideline direction; and

(b) the chief executive considers that it is not reasonable in the circumstances to require compliance with the direction.

(4A) Also, the chief executive may refuse to process an application relating to a lease if payment of rent under the lease is in arrears.

(5) A legal practitioner acting for a person who wishes to make an application may sign and make the application for the person.

(6) In this section—

"guideline direction" means a direction given under section 420B (2) .

"notification provisions" , for an application, means a requirement or discretion for the person making the application to give notice of the person’s intention to make the application to a particular person or entity.