Queensland Numbered Acts

PLANNING ACT 2016 - SECT 68

68 Development assessment rules

(1) The Minister must make rules (the
"development assessment rules" ) for the development assessment process, including rules about—

(a) how and when notification is to be carried out under section 53, including re-notifying the application if—

(i) the applicant changes the application under section 52; and

(ii) the notice under section 53(1) has been given; and

(iii) the change is not a minor change; and

(iv) the assessment manager is not satisfied that the change would be unlikely to attract a submission about the matter that is the subject of the change; and

(v) the assessment manager is not satisfied the change only addresses a matter raised in a properly made submission; and

(b) the consideration of properly made submissions.

(2) Also, the development assessment rules may provide for—

(a) when a development application may be taken to be properly made for section 51(5); or

(b) the effect on a development application of the expiry of a time limit under, or of a contravention of, the rules (the lapsing of the application, for example); or

(c) the revival of lapsed applications; or

(d) how and when a referral agency may change its response before a development application or change application is decided; or

(e) the standard conditions for a deemed approval; or

(f) any matter in relation to part 5, divisions 2 to 4; or

(g) the effect on a process under this chapter of taking action under the Native Title Act 1993 (Cwlth) , part 2, division 3.

Examples—

• the effect, for section 52, of different types of change on a development application

• the period for making referral agency’s responses, including when the responses may be made late

• matters to be considered when deciding whether a change to a development application or development approval would result in substantially different development

• matters to be considered when deciding if an action is a material change of use

• the periods for taking actions under the process

• the effect of not taking the actions within the periods

• provisions for information requests, and when and how the information can be sought

(3) Section 10 applies to making the development assessment rules as if the rules were a State planning policy.

(4) The development assessment rules do not have effect unless prescribed by regulation.

(5) However, the development assessment rules are not subordinate legislation.