Queensland Consolidated Acts

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PROSTITUTION ACT 1999 - SECT 64A

Review of decisions about code assessment

64A Review of decisions about code assessment

(1) This section applies if a decision-maker decides a relevant application, other than a minor change application, requires code assessment under the Planning Act .
(2) The applicant for the relevant application may apply, as provided under the QCAT Act , to QCAT for a review of any of the following decisions of the decision-maker about the application—
(a) a decision that the application requires code assessment under the Planning Act ;
(b) if the relevant application is a development application—
(i) a refusal of all or part of the application; or
(ii) a deemed refusal of the application; or
(iii) a provision of any development approval given for the application; or
(iv) a decision to give a preliminary approval even though the application sought a development permit;
(c) if the relevant application is a change application—a decision on the application, including a deemed refusal of the application.
(3) For working out the period within which the application must be made under the QCAT Act , section 33 , the applicant is taken to have been notified of the decision when the following is given to the applicant under the Planning Act
(a) the decision notice for the decision;
(b) if a negotiated decision notice is also given to the applicant—the negotiated decision notice.
Note—
Under the QCAT Act , section 157 (1) , the decision-maker is required to give the applicant a notice complying with that section about each decision mentioned in subsection (2) .
(4) If an appeal is made to the Planning and Environment Court about a decision mentioned in subsection (2) , the court must not hear or decide the appeal.
(5) This section does not prevent the making of an application under the Planning and Environment Court Act 2016 , section 11 for a declaration about the meaning, effect or enforcement of a condition of a development approval.



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