Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 345

345 Particular existing appeals

(1) Subsection (2) applies in relation to an appeal to the P&E Court , or a tribunal, started, but not decided, before the commencement.

(2) Former section 230(6) continues to apply in relation to the appeal as if the amending Act had not been enacted.

(3) Subsection (4) applies if—

(a) before the commencement, a person who is an eligible submitter for a development application or change application started an appeal under section 229 against the decision on the application; and

(b) the person was required, under former section 230(3)(e), to give a copy of the notice of appeal to another eligible submitter; and

(c) immediately before the commencement—

(i) the person has not complied with the requirement; and

(ii) the P&E Court has not dealt with the noncompliance under the P&E Court Act, section 37; and

(iii) the P&E Court has not, under the P&E Court Act, section 32, decided to allow or not allow a longer period for complying with the requirement.

(4) The requirement is taken to never have applied to the person.