Queensland Numbered Acts

PLANNING ACT 2016 - SECT 315

315 Rezoning approval agreements

(1) This section applies to an agreement made, before the commencement, for securing the conditions of a rezoning approval if the conditions did not attach to the land that is the subject of the approval and bind successors in title.

(2) Nothing in this Act, or the repealed planning legislation, affects the agreement, to the extent the agreement—

(a) was validly made; and

(b) was in force when the old Act was repealed; and

(c) is not inconsistent with a development condition.

(3) Any amount that was paid, or is payable, in relation to infrastructure under the agreement must be taken into account by—

(a) an assessment manager in imposing a condition under this Act about infrastructure; and

(b) a local government in levying an infrastructure charge under chapter 4, part 2.

(4) In this section—

"repealed planning legislation" means—

(a) the repealed Local Government Act 1936 ; or

(b) the repealed City of Brisbane Town Planning Act 1964 ; or

(c) the repealed LGP&E Act ; or

(d) the repealed Integrated Planning Act 1997 ; or

(e) the old Act.

"rezoning approval" means an approval decided or given under—

(a) the repealed Local Government Act 1936 , section 33(6A); or

(b) the repealed City of Brisbane Town Planning Act 1964 ; or

(c) the repealed Integrated Planning Act 1997 , section 6.1.26.