Queensland Numbered Acts

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PLANNING ACT 2016 - SECT 253

Deciding appeals to tribunal

253 Deciding appeals to tribunal

(1) This section applies to an appeal to a tribunal against a decision.
(2) The tribunal must decide the appeal by—
(a) confirming the decision; or
(b) changing the decision; or
(c) replacing the decision with another decision; or
(d) setting the decision aside, and ordering the person who made the decision to remake the decision by a stated time; or
(e) for a deemed refusal of an application—
(i) ordering the entity responsible for deciding the application to decide the application by a stated time and, if the entity does not comply with the order, deciding the application; or
(ii) deciding the application.
(3) However, the tribunal must not make a change, other than a minor change, to a development application.
(4) The tribunal’s decision takes the place of the decision appealed against.
(5) The tribunal’s decision starts to have effect—
(a) if a party does not appeal the decision—at the end of the appeal period for the decision; or
(b) if a party appeals against the decision to the P&E Court—subject to the decision of the court, when the appeal ends.



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