Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 346

346 Declaratory proceedings in P&E Court for particular matters under old Act

(1) This section applies if—

(a) before the old Act was repealed, a proceeding could have been brought under the old Act, section 456 about a matter under the old Act that arose before the repeal; and

(b) immediately before the repeal, the proceeding had not been started.

(2) This section also applies in relation to a matter that arose after the old Act was repealed, if the matter is in relation to—

(a) a statutory instrument to which section 287 applies; or

(b) an application mentioned in section 288(1).

(3) It is declared that, despite section 311(4), a person has a right, and has always had a right, to bring a proceeding about the matter under the P&E Court Act, part 2, division 3.

Note—

See also the P&E Court Act, section 76 and part 10, division 2.

(4) However, if the proceeding is brought under the P&E Court Act, section 12 in relation to a development application under the old Act, the proceeding may be brought only by the assessment manager for the development application under the old Act.