Queensland Numbered Acts
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PLANNING ACT 2016 - SECT 71
When development approval has effect
71 When development approval has effect
(1) Generally, a development approval starts to have effect when the approval
is given, or taken to have been given, to the applicant.
if an appeal about the approval is started, and subject to the outcome of the
appeal—the approval starts to have effect when the appeal ends; or
no appeal about the approval is started, but there was a submitter for the
development application who had not given the assessment manager a notice
withdrawing the submitter’s submission before the application was
decided—the approval starts to have effect on the day after the first of the
(i) the last submitter gives the assessment manager
notice that the submitter will not be appealing the decision;
(ii) the last
appeal period for the development approval ends.
(3) The assessment manager
must give the applicant a copy of any notice under subsection (2)(b).
Despite subsections (1) and (2), if land that is the subject of an
acquisition approval is taken or acquired under the Acquisition Act or the
State Development Act after the approval would otherwise take effect under
subsection (1) or (2), the approval starts to have effect when the land is
taken or acquired.
(5) The part of a variation approval that is a
categorising instrument applies instead of a local planning instrument, to the
extent of any inconsistency, until—
(a) the development is completed; or
(b) the variation approval lapses under section 88(2).
(6) In this section—
"acquisition approval" , for acquisition land, means a development approval
that relates to the purpose for which the land is to be taken or acquired.
"submitter" includes an advice agency that, in its referral agency’s
response, has told the assessment manager to treat the response as a properly
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