Queensland Numbered Acts

PLANNING ACT 2016 - SECT 84

84 Cancellation applications

(1) A person may make an application (a
"cancellation application" ) to cancel a development approval, unless—

(a) the development has started; and

(b) there are unfulfilled or ongoing obligations under the approval relating to—

(i) the development already carried out; or

(ii) the conduct or management of uses started, or works carried out, under the approval; and

Examples of paragraph (b)—

An obligation under a development condition about—

• operating hours, traffic management or waste management

• restoring or rehabilitating the land or a building

(c) the obligations have not been superseded under another development approval, or authority, under this or another Act.

(2) A cancellation application must be made to—

(a) for a development application that was called in—the original assessment manager; or

(b) otherwise—the assessment manager.

(3) The application must be accompanied by—

(a) the required fee, subject to section 108(b); and

(b) the written consent of—

(i) if the applicant is not the owner of the premises—the owner of the premises; and

(ii) if there is an agreement for a person to buy the premises from the owner of the premises—the other person; and

(iii) if the premises are subject to an easement in favour of a public utility—the public utility.

(4) On receiving an application that complies with this section, the assessment manager must—

(a) cancel the development approval; and

(b) give notice of the cancellation to—

(i) the applicant; and

(ii) each referral agency; and

(iii) if the assessment manager was a chosen assessment manager—the prescribed assessment manager; and

(iv) for an approval given under an order of the P&E Court—the court; and

(v) for an approval given under a call in—the Minister.

(5) The assessment manager and any referral agency must release any monetary security for the development approval held by the assessment manager or referral agency.