Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
PLANNING ACT 2016 - SECT 68
Development assessment rules
(1) The Minister must make rules (the
"development assessment rules" ) for the development assessment process,
including rules about— (a) how and when notification is to be carried out
under section 53 , including re-notifying the application if— (i) the
applicant changes the application under section 52 ; and
(ii) the notice
under section 53 (1) has been given; and
(iii) the change is not a minor
change; and
(iv) the assessment manager is not satisfied that the change
would be unlikely to attract a submission about the matter that is the subject
of the change; and
(v) the assessment manager is not satisfied the change
only addresses a matter raised in a properly made submission; and
(b) the
consideration of properly made submissions.
(2) Also, the
development assessment rules may provide for— (a) when a development
application may be taken to be properly made for section 51 (5) ; or
(b) the
effect on a development application of the expiry of a time limit under, or of
a contravention of, the rules (the lapsing of the application, for example);
or
(c) the revival of lapsed applications; or
(d) how and when a referral
agency may change its response before a development application or change
application is decided; or
(e) any matter in relation to part 5 , divisions 2
to 4 ; or
(f) the effect on a process under this chapter of taking action
under the Native Title Act 1993 (Cwlth) , part 2 , division 3 .
Examples—
• the effect, for section 52 , of different types of change on a development
application
• the period for making referral agency’s responses,
including when the responses may be made late
• matters to be considered
when deciding whether a change to a development application or development
approval would result in substantially different development
• matters to
be considered when deciding if an action is a material change of use
• the
periods for taking actions under the process
• the effect of not taking the
actions within the periods
• provisions for information requests, and when
and how the information can be sought
(3) Section 10 applies to making the
development assessment rules as if the rules were a State planning policy.
(4) However, section 10 (6) applies as if a reference in section 10 (6) (a)
(i) to the day when the instrument was made were a reference to the day the
development assessment rules took effect.
(5) Also, the Minister must comply
with section 10 (6) , as applied under subsection (4) , immediately after a
regulation prescribes the development assessment rules.
(6) The
development assessment rules do not have effect unless prescribed by
regulation.
(7) However, the development assessment rules are not subordinate
legislation.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback