Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 199

199 Appeals against existing decisions on UDA development applications

(1) Subsection (2) applies if—

(a) immediately before the commencement, a person could have, under the repealed ULDA Act , section 61 , appealed to the Planning and Environment Court against the former ULDA’s decision to impose a UDA development condition that includes a nominated assessing authority; and

(b) at the commencement—

(i) the period within which the appeal could have been started (the
"appeal period" ) has not ended; and

(ii) the person has not started the appeal.

(2) The person may, within the appeal period, appeal to the Planning and Environment Court against the decision, and the court must hear and decide the appeal under the repealed ULDA Act as if it had not been repealed.

(3) Subsection (4) applies if—

(a) before the commencement, a person has, under the repealed ULDA Act , appealed to the Planning and Environment Court against a decision of the former ULDA; and

(b) the appeal has not been finally dealt with at the commencement.

(4) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under the repealed ULDA Act as if it had not been repealed.

(5) MEDQ must give effect to the outcome of an appeal started under subsection (2), or continued under subsection (4), in relation to the relevant PDA development approval under this Act.

(6) If the appeal relates to land that has ceased to be in an urban development area under the repealed ULDA Act , and section 16 (3) of that Act applied to the appeal, the appeal must be decided as if the cessation had not happened.