Queensland Numbered Acts

PLANNING ACT 2016 - SECT 295

295 Water infrastructure applications

(1) This section applies if—

(a) a development approval was given before 1 July 2014; and

(b) one or more of the following applications (a
"new application" ) is made, after the commencement, in relation to the development approval—

(i) a development application;

(ii) a change application;

(iii) an extension application.

(2) To the extent the new application relates to a distributor-retailer’s water infrastructure, the distributor-retailer is—

(a) for a change application for a minor change—an affected entity; or

(b) otherwise—a referral agency.

(3) However, if, before 1 July 2014, the distributor-retailer delegated its functions as concurrence agency under the old Act to a participating local government, the local government is—

(a) for a change application for a minor change—an affected entity; or

(b) otherwise—a referral agency.

(4) The old Act, section 755D, as in force immediately before 1 July 2014, applies to the new application as if—

(a) for a change application—that section referred to the responsible entity instead of to the ‘assessment manager’; and

(b) a reference in that section to sections 313(2) and 314(2) were a reference to—

(i) for a change application for a minor change†”section 81(2) of this Act; or

(ii) for any other change application or a development application†”section 45(3)(a) and (5)(a)(i) of this Act; or

(iii) for an extension application—a matter the assessment manager may consider under section 87(1) of this Act.

(5) The old Act, section 755U, as in force immediately before 1 July 2014, applies to the new application as if that section referred to—

(a) the new application, instead of to ‘a development application (distributor-retailer)’; and

(b) a notice of appeal under the P&E Court Act, instead of to ‘a notice of appeal under section 482’.