Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 119

119 When charge may be levied and recovered

(1) This section applies if—

(a) a development approval has been given; and

(b) an adopted charge applies to providing trunk infrastructure for the development.

(2) The local government must give a notice (an
"infrastructure charges notice" ) to the applicant.

Notes—

1 For when a local government may give a replacement infrastructure charges notice for a negotiated decision notice, see section 76 (6) .

2 For the giving of an infrastructure charges notice for a development approval that was a PDA development approval, see also the Economic Development Act 2012 , section 51AQ .

(3) The local government must give the infrastructure charges notice—

(a) if the local government is the assessment manager—at the same time as, or as soon as practicable after, the development approval is given; or

(b) if the local government is a referral agency—within 10 business days after the local government receives a copy of the development approval; or

(c) if the development approval is a deemed approval for which a decision notice has not been given—within 20 business days after the local government receives a copy of the deemed approval notice; or

(d) if paragraphs (a) to (c) do not apply—within 20 business days after the local government receives a copy of the development approval.

(4) Subsection (3) is subject to subsection (8) , and any other provision under which an infrastructure charges notice may be amended or replaced.

(5) The local government must give an infrastructure charges notice to the applicant for a change application or extension application if—

(a) an approval is given for the application; and

(b) subsection (1) (b) did not apply for the development approval to which the application relates, but applies because of the change or extension.

(6) If an approval is given for a change application or extension application related to a development approval for which an infrastructure charges notice has been given, the local government may give an amended infrastructure charges notice to the applicant.

(7) However, an infrastructure charges notice may be given or amended under subsection (5) or (6) only if the notice or amendment relates to the change to, or extension of, the development approval.

(8) The local government must give the infrastructure charges notice or amended infrastructure charges notice under subsection (5) or (6) —

(a) if the local government is the assessment manager or responsible entity—at the same time as, or as soon as practicable after, the approval is given; or

(b) otherwise—within 20 business days after the local government receives a copy of the approval.

(9) The amended infrastructure charges notice replaces the infrastructure charges notice.

(10) A reference in this Act to an infrastructure charges notice includes a reference to an amended infrastructure charges notice.

(11) An infrastructure charges notice stops having effect to the extent the development approval stops having effect.

(12) A charge (a
"levied charge" ) under an infrastructure charges notice—

(a) is subject to sections 120 and 129 ; and

(b) is payable by the applicant; and

(c) attaches to the premises; and

(d) becomes payable as provided for under subdivision 4 ; and

(e) is subject to an agreement under section 123 (1) .