Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 41

41 Repealing designation—owner’s request

(1) An owner of an interest in designated premises may request a designator to repeal a designation made by the designator on the basis that the designation is causing the owner hardship.

(2) Subsection (1) does not apply if—

(a) the premises are subject to an easement for the infrastructure for which the premises are designated; or

(b) the designation also applies to other premises and relates to a land corridor for the infrastructure; or

(c) the premises are a road.

(3) The request must be in writing, and contain any information that the guidelines made under section 36 (3) require.

(4) The designator must, within 40 business days after receiving the request—

(a) repeal the designation, using the process under section 40 ; or

(b) decide to refuse the request; or

(c) decide to take other action that the designator considers appropriate in the circumstances.

(5) The designator must, within 5 business days after making a decision under subsection (4) (b) or (c) , give a decision notice to the owner.