Queensland Numbered Acts

PLANNING ACT 2016 - SECT 46

46 Exemption certificate for some assessable development

(1) A development approval is not required for assessable development on premises if there is an exemption certificate for the development.

(2) The following persons may give an exemption certificate—

(a) for development for which a local government would be the assessment manager if the development, and no other development, were the subject of a development application—the local government;

(b) otherwise—the chief executive.

(3) The person may give an exemption certificate if—

(a) for development for which there is a referral agency—each referral agency has agreed in writing to the exemption certificate being given; and

(b) any of the following apply—

(i) the effects of the development would be minor or inconsequential, considering the circumstances under which the development was categorised as assessable development;

(ii) the development was categorised as assessable development only because of particular circumstances that no longer apply;

(iii) the development was categorised as assessable development because of an error.

(4) The person must give a copy of the exemption certificate to—

(a) each owner of the premises; and

(b) each referral agency for the development; and

(c) if the person is the chief executive—the local government for the premises.

(4A) The person must publish a notice about the person’s decision to give the exemption certificate on the person’s website.

(4B) The notice must state—

(a) a description of the premises for which the exemption certificate was given; and

(b) a description of the development to which the exemption certificate relates; and

(c) the reasons for giving the exemption certificate; and

(d) any matter prescribed by regulation.

(5) The exemption certificate attaches to the premises and benefits each of the owners, the owners’ successors in title and any occupiers of the premises.

(6) The exemption certificate has effect for 2 years after the day the certificate was given, or a later day stated in the certificate.

(7) However, the exemption certificate may state a period, or periods, within which—

(a) stated development must be completed; or

(b) a use that is the natural and ordinary consequence of the development must start; or

(c) a plan for reconfiguring a lot that is required under a regulation to be given to the local government for its approval must be given.

(8) To the extent development does not comply with a requirement stated under subsection (7), the exemption certificate has no effect.

(9) Subject to a requirement stated under subsection (7)—

(a) any development substantially started under the exemption certificate may be completed as if the certificate had not expired; and

(b) a use that is the natural and ordinary consequence of the development is taken to be a lawful use; and

(c) a development approval is not required for reconfiguring a lot that is the subject of the exemption certificate if works for the reconfiguration substantially started before the certificate expires.