Queensland Numbered Acts

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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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