Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 356

356 Relevant applications under Planning Act made but not decided before commencement

(1) This section applies if—

(a) before the commencement, a relevant application was made to which the repealed Act, part 4 applied; and

(b) immediately before the commencement, the application has not been decided under the Planning Act ; and

(c) before the commencement, no application had been made under the repealed Act, section 64A.

(2) On the commencement, the application may continue to be decided under the Planning Act as if the repealed Act, part 4 had never applied.

(3) However, if, before the commencement, an application had been made to QCAT for a review of a decision under the repealed Act, section 64A or 64B—

(a) the application may continue to be heard and decided under the repealed Act, part 4, division 3; and

(b) the repealed Act, part 4, division 3 continues to apply in relation to the application as if the amendment Act, section 35 had not commenced.

(4) If, immediately before the commencement, a development approval had been suspended because of the operation of the repealed Act, section 64E and no application had been made to QCAT for a review as mentioned in subsection (3), on the commencement the suspension ends.

(5) If this section is inconsistent with a provision of the Planning Act , this section prevails to the extent of the inconsistency.