Queensland Consolidated Acts

QUEENSLAND HERITAGE ACT 1992 - SECT 189

189 Appeals under pre-amended Act

(1) Subsection (2) applies if, before the commencement—

(a) a person has, under section 41 of the pre-amended Act, appealed to the Planning and Environment Court against a decision of the council; and

(b) the appeal has not been decided.

(2) The Planning and Environment Court may hear, or continue to hear, and decide the appeal.

(3) Subsection (4) applies if—

(a) immediately before the commencement a person could have appealed to the Planning and Environment Court under section 41 of the pre-amended Act against a decision of the council; and

(b) the person has not appealed before the commencement.

(4) The person may appeal, and the Planning and Environment Court may hear and decide the appeal.

(5) For subsections (2) and (4), section 41(5) to (7) of the pre-amended Act applies as if the Queensland Heritage and Other Legislation Amendment Act 2007, section 17, had not commenced.