Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 78A

78A Responsible entity for change applications

(1) The
"responsible entity" for a change application is—

(a) if the change application is for a minor change to a development condition of a development approval stated in a referral agency’s response for the development application or another change application for the approval—the referral agency; or

(b) otherwise—the assessment manager.

Note—

For the responsible entity for a change application for a development approval that was a PDA development approval, see also the Economic Development Act 2012 , section 51AN .

(2) However, the P&E Court is the responsible entity for the change application instead of the person under subsection (1) if—

(a) the change application is for a minor change to a development approval; and

(b) the development approval was given or changed by the P&E Court; and

(c) a properly made submission was made about—

(i) the development application for the development approval; or

(ii) another change application for the development approval.

(3) Also, the Minister is the responsible entity for the change application instead of the person under subsection (1) if—

(a) the change application is for a change to—

(i) a condition of a development approval that the Minister directed be imposed or amended under section 95 ; or

(ii) a condition of a development approval that the Minister directed be imposed under the old Act, section 419 or the repealed Integrated Planning Act 1997 , section 3.6.1 ; or

(iii) a development approval given or changed by the Minister for an application that was called in under a call in provision; and

(b) the P&E Court is not the responsible entity for the change application.

(4) Further, the chief executive is the responsible entity for the change application instead of the person under subsection (1) if the change application is for a change to a development approval given or changed by the chief executive under part 6A .

(5) If the P&E Court is the responsible entity for the change application, the court—

(a) must assess and decide the change application under this subdivision; but

(b) is not otherwise bound by the requirements of this subdivision for administering the change application.

(6) If the change application is made to the Minister as the responsible entity under subsection (3) and the Minister is satisfied the change does not affect a State interest, the Minister may refer the change application to the assessment manager.

(7) If the change application is made to the chief executive as the responsible entity under subsection (4) and the chief executive is satisfied the change would not result in substantially different development, the chief executive may refer the change application to the assessment manager.

(8) If the Minister or chief executive refers the change application to the assessment manager, the assessment manager is the responsible entity for the application instead of the Minister or chief executive.