Queensland Numbered Acts

PLANNING ACT 2016 - SECT 276A

276A Assessment and decision rules for particular State heritage places

(1) This section applies if—

(a) the chief executive is—

(i) an assessment manager, or a referral agency, for a development application; or

(ii) a responsible entity for a change application; and

(b) the development involves a State heritage place; and

(c) the chief executive is satisfied the development would destroy or substantially reduce the cultural heritage significance of the State heritage place, including—

(i) by demolishing all elements or features of the place that contribute to the place’s cultural heritage significance described in the place’s entry in the Queensland heritage register; and

(ii) by changing the place so that the place no longer satisfies any of the criteria for entry in the Queensland heritage register.

(2) The chief executive must do the following before deciding the application or giving a referral agency’s response about the application—

(a) refer the application to the Queensland Heritage Council;

(b) have regard to any advice the Queensland Heritage Council gives the chief executive, within the time allowed under this Act for the chief executive to decide the application or give the response.

(3) Unless the State heritage place is an archaeological State heritage place, the chief executive must also have regard to whether there is a prudent or feasible alternative to carrying out the development, when deciding the application or giving the referral response.

(4) For subsection (3), an alternative is not a prudent or feasible alternative if the alternative involves—

(a) an extraordinary economic cost to the State, all or part of a community, or an individual; or

(b) an extraordinary environmental or social disadvantage; or

(c) a risk to public health or safety; or

(d) another extraordinary or unique circumstance.

(5) In this section—

"archaeological State heritage place" see the Heritage Act, schedule.

"Queensland Heritage Council" means the Queensland Heritage Council established under the Heritage Act.

"Queensland heritage register" see the Heritage Act, schedule.