Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 275L

275L Effect of temporary use licences

(1) If a temporary use licence changes a condition of a development approval, the development approval is taken, for the period the licence is in effect—

(a) to be changed in the way stated in the licence; and

(b) to be subject to the conditions of the licence.

(2) Subsection (3) applies if a temporary use licence provides that a use of designated premises is not required to comply with a requirement about the use stated in the designation for the premises.

(3) A person does not, during the period the temporary use licence is in effect, commit an offence against section 165 in relation to the use merely because the use does not comply with the requirement, unless the person contravenes a condition of the licence.

(4) If a temporary use licence changes the existing lawful use of premises, a person does not, during the period the licence is in effect, commit an offence against section 162 , 163 or 165 (a) in relation to the changed use, unless the person contravenes a condition of the licence.

(5) Despite section 157 (1) , an infrastructure agreement does not apply instead of a part of a development approval changed under subsection (1) .

(6) Despite anything else in this Act or the Economic Development Act 2012 , development, other than a material change of use, does not stop being prohibited development or assessable development, or PDA assessable development under the Economic Development Act 2012 , merely because a temporary use licence has been given.