Queensland Numbered Acts

ECONOMIC DEVELOPMENT ACT 2012 No. 43 - SECT 100

(1) This section applies subject to section 102(5) and any extension granted under section 102.

(2) A PDA development approval lapses at the end of its currency period unless—

(a) for development that is a material change of use—the change of use happens before the currency period ends; or

(b) for development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to MEDQ for its approval before the currency period ends; or

(c) for development not mentioned in paragraph (a) or (b)—development under the approval substantially starts before the currency period ends.

(3) To the extent the PDA development approval is for development other than a material change of use or reconfiguring a lot, its currency period is—

(a) generally—2 years from the day the approval takes effect (the day of effect); or

(b) if the approval states a different period—the stated period.

(4) To the extent the PDA development approval is for development that is a material change of use, its currency period is—

(a) 4 years from the day of effect; or

(b) if the approval states a different period—the stated period.

(5) To the extent the PDA development approval is for development that is reconfiguring a lot, its currency period is—

(a) if the reconfiguring does not require operational work—2 years from the day of effect; or

(b) if the reconfiguring requires operational work—4 years from the day of effect; or

(c) if the approval states a different period—the stated period.

(6) Also, despite subsections (4) and (5), if there are 1 or more related approvals for a PDA development approval mentioned in subsection (4) or (5), the currency period is taken to have started on the day the latest related approval takes effect.

(7) The lapsing of a PDA development approval for a material change of use of premises or reconfiguring a lot does not cause an approval mentioned in subsection (3) to lapse.

(8) In this section—

private certifier means a building certifier whose licence under the Building Act 1975 has private certification endorsement under that Act.

related approval means—

(a) for a PDA development approval for development that is a material change of use of premises (the earlier approval)—

(i) the first PDA development approval for a PDA development application made to MEDQ, or the first SPA development approval made to a local government or private certifier, within 2 years after the start of the currency period, that is—

(A) to the extent the earlier approval is a PDA preliminary approval—a PDA development permit for the material change of use; or

(B) to the extent the earlier approval is a PDA development permit—a PDA development permit for building work or operational work, or an SPA development permit for building work, necessary for the material change of use to take place; or

(ii) each further PDA development permit for a PDA development application made to MEDQ, or the first SPA development permit for an SPA development application made to a local government or private certifier, within 2 years after the day the last related approval takes effect, that is for building work or operational work necessary for the material change of use to take place; or

(b) for a PDA development approval for reconfiguring a lot (also the earlier approval)—

(i) the first PDA development permit for a PDA development application made to MEDQ, within 2 years after the start of the currency period, that is—

(A) to the extent the earlier approval is a PDA preliminary approval—for the reconfiguration; or

(B) to the extent the earlier approval is a PDA development permit for reconfiguring a lot—for operational work related to the reconfiguration; or

(ii) each further PDA development permit, for a PDA development application made to MEDQ within 2 years after the day the last related approval takes effect, that is for operational work related to the reconfiguration.