Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 337

337 Existing superseded planning scheme applications

(1) Former chapter 2, part 4, division 1 continues to apply in relation to a superseded planning scheme application made under former section 29, but not decided, before the commencement as if the amending Act had not been enacted.

(2) Subsections (3) to (5) apply if the superseded planning scheme application includes development that is categorised as prohibited development under—

(a) the superseded planning scheme to which the application relates; or

(b) a categorising instrument other than the planning scheme.

(3) Despite subsection (1), the superseded planning scheme application is taken never to have been made.

(4) Despite section 29(9)(a), the applicant may, within 6 months after the commencement, make a new superseded planning scheme application for development that is substantially similar to development the subject of the original application.

(5) Chapter 2, part 4, division 1 applies in relation to the new superseded planning scheme application.