Queensland Numbered Acts

PLANNING ACT 2016 - SECT 39

39 Duration of designation

(1) A designation stops having effect on the day (the
"end day" ) that is 6 years after the designation starts to have effect, unless—

(a) on the end day—

(i) a public sector entity owns, or has an easement for the same purpose as the designation over, the designated premises; or

(ii) another entity owns, or has an easement over, the designated premises and construction of the infrastructure for which the premises were designated started before the end day; or

(b) before the end day—

(i) a public sector entity gave a notice of intention to resume the designated premises under the Acquisition Act, section 7; or

(ii) a public sector entity signed an agreement to take designated premises under the Acquisition Act or to otherwise buy the premises; or

(iii) the designator complies with subsection (3).

(2) The designator may extend the duration of a designation, for up to 6 years, by publishing a gazette notice about the extension before the designation stops having effect.

(3) The designator must give notice of the extension of the designation to—

(a) if the Minister is the designator—each of the affected parties and the chief executive; or

(b) if a local government is the designator—the owner of the premises and the chief executive.

(4) If a public sector entity discontinues proceedings to resume designated premises, either before or after the end day, the designation stops having effect on the day when the proceedings are discontinued.