Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 311

311 Proceedings generally

(1) Subject to section 312, this section applies to a matter under the old Act, if a person—

(a) had started proceedings before the commencement but the proceedings had not ended before the commencement; or

(b) had, immediately before the commencement, a right to start proceedings; or

(c) has a right to start proceedings that arises after the commencement in relation to—

(i) a statutory instrument mentioned in section 287; or

(ii) an application mentioned in section 288.

Note—

See also sections 346 and 347.

(2) For proceedings that were started in the Planning and Environment Court, Magistrates Court or the Court of Appeal—

(a) the old Act continues to apply to the proceedings; and

(b) this Act applies to any appeal in relation to the proceedings as if the matter giving rise to the appeal happened under this Act.

(3) For proceedings that were started in a building and development committee—

(a) if the committee had been established before the old Act was repealed—

(i) the old Act continues to apply to the proceedings; and

(ii) this Act applies to any appeal in relation to the proceedings; and

(iii) the committee must continue to hear the proceedings despite the repeal of the old Act; or

(b) if the committee had not been established before the old Act was repealed—this Act applies to the proceedings, and any appeal in relation to the proceedings.

(4) For proceedings mentioned in subsection (1)(b) or (c), proceedings may be brought only under this Act.