Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 75

75 Making change representations

(1) The applicant may make representations (
"change representations" ) to the assessment manager, during the applicant’s appeal period for the development approval, about changing—

(a) a matter in the development approval, other than—

(i) a matter stated because of a referral agency’s response; or

(ii) a development condition imposed under a direction made by the Minister under chapter 3 , part 6 , division 2 ; or

(b) if the development approval is a deemed approval—the standard conditions taken to be included in the deemed approval under section 64 (8) (c) .

(2) If the applicant needs more time to make the change representations, the applicant may, during the applicant’s appeal period for the approval, suspend the appeal period by a notice given to the assessment manager.

(3) Only 1 notice may be given.

(4) If a notice is given, the appeal period is suspended—

(a) if the change representations are not made within a period of 20 business days after the notice is given to the assessment manager—until the end of that period; or

(b) if the change representations are made within 20 business days after the notice is given to the assessment manager, until—

(i) the applicant withdraws the notice, by giving another notice to the assessment manager; or

(ii) the assessment manager gives the applicant the decision notice for the change representations; or

(iii) the end of 20 business days after the change representations are made, or a longer period agreed in writing between the applicant and the assessment manager.

(5) If the applicant makes the change representations during the appeal period without giving a notice under subsection (2) , the appeal period is suspended from the day the representations are made until—

(a) the applicant withdraws the change representations by notice given to the assessment manager; or

(b) the assessment manager gives the applicant the decision notice for the change representations; or

(c) the end of 20 business days after the change representations are made, or a longer period agreed in writing between the applicant and the assessment manager.

(6) Despite subsections (4) and (5) , if the decision notice mentioned in subsection (4) (b) (ii) or (5) (b) is a negotiated decision notice, the appeal period starts again on the day after the negotiated decision notice is given.