Queensland Numbered Acts

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ECONOMIC DEVELOPMENT ACT 2012 No. 43 - SECT 90

90 Right of appeal against particular conditions

(1) This section applies if a PDA development condition includes a nominated assessing authority (the entity).

(2) The person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ's decision to impose the condition.

(3) An appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision.

(4) The Sustainable Planning Act, chapter 7, part 1, divisions 11 to 13, apply to the appeal as if—

(a) it were an appeal mentioned in the divisions; and
(b) the entity were the only other party to the appeal.

(5) However—

(a) the appellant must, as soon as practicable after giving the entity the notice of the appeal required under the Sustainable Planning Act, chapter 7, part 1, division 11, give MEDQ a copy of the notice; and
(b) MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal.

(6) MEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged.



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