Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 42

42 Noting designation in planning scheme

(1) This section applies if a local government—

(a) makes, amends, extends or repeals a designation; or

(b) receives a notice about the Minister making, amending, extending or repealing a designation.

(2) The local government must include a note about the making, amendment, extension or repeal in—

(a) the local government’s planning scheme; and

(b) any planning scheme that the local government makes before the designation stops having effect.

(3) The note must—

(a) identify the premises that were designated; and

(b) describe the type of infrastructure for which the premises were designated; and

(c) state the day when the designation, amendment, extension or repeal started to have effect.

(4) The local government must include the note in the planning scheme in a way that ensures the other provisions of the scheme that apply to the designated premises remain effective.

(5) To remove any doubt, it is declared that—

(a) the note is not an amendment of a planning scheme; and

(b) a designation is taken to be part of a planning scheme; and

(c) a designation is not the only way that a planning scheme may identify infrastructure; and

(d) a designation does not affect the provisions of a planning scheme that apply to designated premises, even after the designation stops having effect.