Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 66

66 Prohibited development conditions

(1) A development condition must not—

(a) require a person other than the applicant to carry out works for the development; or

(b) require a person to enter into an infrastructure agreement; or

(c) other than under chapter 4 , part 2 or 3 , require a monetary payment for the establishment, operating or maintenance costs of, works to be carried out for, or land to be given for—

(i) infrastructure; or

(ii) for the imposition of a condition by a State infrastructure provider—infrastructure or works to protect the operation of the infrastructure; or

(d) require an access restriction strip; or

(e) limit the period a development approval has effect for a use or works forming part of a network of infrastructure, other than State-owned or State-controlled transport infrastructure; or

(f) relate to water infrastructure about a matter for which the SEQ Water Act requires a water approval.

Examples for paragraph (f)—

A development condition that requires—

• works to be carried out

• a monetary payment

• land in fee simple to be given.

(2) A development condition must not be inconsistent with a development condition of an earlier development approval in effect for the development, unless—

(a) both conditions are imposed by the same person; and

(b) the applicant agrees in writing to the later condition applying; and

(c) if the development application for the later development approval was required to be accompanied by the consent of the owner of the premises—the owner of the premises agrees in writing to the later condition applying.

(3) A development condition that complies with subsection (2) applies instead of the earlier condition.

Note—

For other restrictions on development conditions, see section 275ZI and the Environmental Offsets Act 2014 , section 14 .