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PLANNING ACT 2016 - SECT 66
Prohibited development conditions
66 Prohibited development conditions
(1) A development condition must not— (a) require a person other than the
applicant to carry out works for the development; or
(b) require a person to
enter into an infrastructure agreement; or
(c) other than under chapter 4,
part 2 or 3, require a monetary payment for the establishment, operating or
maintenance costs of, works to be carried out for, or land to be given for—
(i) infrastructure; or
(ii) for the imposition of a condition by a State
infrastructure provider—infrastructure or works to protect the operation of
the infrastructure; or
(d) require an access restriction strip; or
(e) limit
the period a development approval has effect for a use or works forming part
of a network of infrastructure, other than State-owned or State-controlled
transport infrastructure; or
(f) relate to water infrastructure about a
matter for which the SEQ Water Act requires a water approval. Examples for
paragraph (f)— A development condition that requires— • works to be
carried out
• a monetary payment
• land in fee simple to be given.
(2) A development condition must not be inconsistent with a development
condition of an earlier development approval in effect for the development,
unless— (a) the same person imposes the conditions; and
(b) the applicant
agrees in writing to the later condition applying; and
(c) if the applicant
is not the owner of the premises when the later development application is
made—the owner agrees in writing to the later condition applying.
(3) A
development condition that complies with subsection (2) applies instead of the
earlier condition. Note— For other limits on development conditions about
environmental offsets, see the Environmental Offsets Act 2014 , section 14.
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