Queensland Numbered Acts

PLANNING ACT 2016 - SECT 82

82 Assessing and deciding application for other changes

(1) This section applies to a change application, other than for a minor change to a development approval.

(2) For administering the change application, and assessing and deciding the change application in the context of the development approval, part 2, division 2 and part 3, other than sections 51, 63 and 64(8)(c), and the development assessment rules, apply—

(a) as if—

(i) the responsible entity were the assessment manager; and

(ii) the change application were the original development application, with the changes included, but was made when the change application was made; and

(b) with necessary changes.

(3) However—

(a) section 53 does not apply to the change application if the change is not a minor change only because the change may cause—

(i) a referral to a referral agency if there were no referral agencies for the development application; or

(ii) a referral to extra referral agencies; or

(iii) a referral agency to assess the change application against extra matters; and

(b) the power—

(i) to direct that a development condition be imposed under section 56(1)(b)(i) includes a power to direct that a development condition be amended; and

(ii) to impose a development condition under section 60(2)(c) or (3)(b) or 64(6)(b) includes a power to amend a development condition.

(4) To remove any doubt, it is declared that the following matters apply, only to the extent the matters are relevant to assessing and deciding the change application in the context of the development approval—

(a) the assessment benchmarks;

(b) any matters a referral agency must, may, or may only assess the application against or have regard to under section 55(2);

(c) any matters the assessment must have regard to under section 45(3) or (5);

(d) any other relevant matters under section 45(5)(b).