Queensland Numbered Acts Queensland Numbered ActsChapter 8 —
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335 Definitions for part In this part—
"amending Act" means the Economic Development and Other Legislation Amendment Act 2019 .
"former" , in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.
336 Particular existing decisions about superseded planning scheme requests(1) This section applies if—(a) before the commencement, a decision was made, or taken to have been made, under former section 29 to accept, assess and decide a superseded planning scheme application; and(b) immediately before the commencement, the superseded planning scheme application had not been made.(2) Former section 29, other than former section 29(9)(b) and (11), continues to apply in relation to the decision, including the making of the superseded planning scheme application, as if the amending Act had not been enacted.(3) Section 29(9)(b) applies for assessing the superseded planning scheme application.(4) If the superseded planning scheme application is for development that is categorised as prohibited development under the planning scheme, section 29A applies in relation to the making of the application.
337 Existing superseded planning scheme applications(1) Former chapter 2, part 4, division 1 continues to apply in relation to a superseded planning scheme application made under former section 29, but not decided, before the commencement as if the amending Act had not been enacted.(2) Subsections (3) to (5) apply if the superseded planning scheme application includes development that is categorised as prohibited development under—(a) the superseded planning scheme to which the application relates; or(b) a categorising instrument other than the planning scheme.(3) Despite subsection (1), the superseded planning scheme application is taken never to have been made.(4) Despite section 29(9)(a), the applicant may, within 6 months after the commencement, make a new superseded planning scheme application for development that is substantially similar to development the subject of the original application.(5) Chapter 2, part 4, division 1 applies in relation to the new superseded planning scheme application.
338 Particular planning changes(1) This section applies to a planning change that happened before the commencement if—(a) the planning change is, under former section 30(4)(e), not an adverse planning change; and(b) the planning change would be an adverse planning change under section 30 if it happened after the commencement.(2) The planning change is taken to be, and to have always been, an adverse planning change.
339 Particular existing applications(1) For a development application made, but not decided, before the commencement, former section 48 continues to apply as if the amending Act had not been enacted.(2) For a change application made, but not decided, before the commencement—(a) sections 78A and 81A do not apply; and(b) former sections 78, 80, 81 and 82 continue to apply as if the amending Act had not been enacted.
340 Particular representations dealt with before commencement(1) This section applies if—(a) before 3 July 2017, an assessment manager for a development application under the old Act gave the applicant a decision notice for the application under the old Act, section 334; and(b) on or after 3 July 2017, the applicant made representations to the assessment manager about the decision notice under the old Act, section 361 or section 75 of this Act; and(c) before the commencement, the assessment manager gave the applicant a notice, under the old Act, section 363(1) or (5) or section 76(2) of this Act, in relation to the representations.(2) If the notice was given under the old Act, section 363(1) or (5), the notice—(a) is not invalid merely because it was given under that section instead of under section 76(2) of this Act; and(b) is not invalid merely because, before giving the notice, the assessment manager complied with the old Act, section 363(2) instead of section 76(1) of this Act; and(c) is taken to be and to have always been—(i) for a notice given under the old Act, section 363(1)—a negotiated decision notice under this Act; or(ii) for a notice given under the old Act, section 363(5)—a decision notice given under section 76(2) of this Act that states the assessment manager does not agree with the representations.(3) If the notice was given under section 76(2) of this Act, the notice—(a) is not invalid merely because it was given under that section instead of under the old Act, section 363(1) or (5); and(b) is not invalid merely because, before giving the notice, the assessment manager complied with section 76(1) of this Act instead of the old Act, section 363(2).
341 Conditions of existing development approvals(1) This section applies to a development approval that is in effect immediately before the commencement.(2) Former section 65(2)(c) continues to apply in relation to a development condition of the development approval that requires compliance with an infrastructure agreement for the premises.(3) Former section 66(2) and (3) continues to apply in relation to a development condition of the development approval that is inconsistent with a condition of an earlier development approval.
342 Lapsing of particular development approvals under old Act(1) This section applies to a development approval under the old Act, whether given before or after 3 July 2017, that is in effect immediately before the commencement.(2) If the development approval is a preliminary approval to which the old Act, section 242 applies, other than a preliminary approval mentioned in the old Act, section 808—(a) section 88(2) and (3) does not apply to the development approval; and(b) the old Act, section 343 applies to the development approval.(3) If the development approval is a preliminary approval mentioned in the old Act, section 808—(a) section 88(2) and (3) does not apply to the development approval; and(b) the old Act, section 342(1) to (3) applies to the development approval.(4) For applying the old Act, section 341 under section 299 of this Act, or the old Act, section 343 under subsection (2), a reference in the old Act, section 341(7), definitions
"related approval" , paragraph (a), (b) or (c) to—(a) a development approval or development permit includes a reference to a development approval or development permit given under this Act; and(b) a development application includes a development application made under this Act.
343 Validation provision for particular development approvals(1) This section applies to a development approval in effect immediately before the commencement if—(a) the development application, or a change application that was approved for the development approval, was assessed under section 45(3) or (5); and(b) in carrying out the assessment, the assessment manager or responsible entity gave weight to a statutory instrument that came into effect after the development application was properly made, or the change application was made, but before the application was decided; and(c) the assessment manager would have been required to assess, or could have assessed, the development application or change application against, or having regard to, the statutory instrument if the instrument had been in effect when the development application was properly made or the change application was made; and(d) the statutory instrument is not an amended or replacement statutory instrument to which the assessment manager or responsible entity may give weight under former section 45(7).(2) The development approval is not invalid merely because the assessment manager or responsible entity gave weight to the statutory instrument.
344 Validation provision for particular infrastructure charges notices under old Act(1) This section applies to an infrastructure charges notice given under the old Act on or after 4 July 2014 but before the commencement if—(a) under the old Act, section 637(2), the infrastructure charges notice must include, or be accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision; and(b) the infrastructure charges notice does not comply with the requirement.(2) It is declared that the infrastructure charges notice is taken to be, and to always have been, as valid as it would have been if it had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.(3) It is also declared that anything done, or to be done, in relation to the recovery of the levied charge under the infrastructure charges notice by the local government that gave the notice is as valid as it would have been or would be if the notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.(4) Subsection (5) applies if the levied charge under the infrastructure charges notice has, before the commencement, been paid to the local government that gave the notice.(5) It is declared that the payment is taken to be, and to always have been, as validly made as it would have been if the infrastructure charges notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.
345 Particular existing appeals(1) Subsection (2) applies in relation to an appeal to the P&E Court, or a tribunal, started, but not decided, before the commencement.(2) Former section 230(6) continues to apply in relation to the appeal as if the amending Act had not been enacted.(3) Subsection (4) applies if—(a) before the commencement, a person who is an eligible submitter for a development application or change application started an appeal under section 229 against the decision on the application; and(b) the person was required, under former section 230(3)(e), to give a copy of the notice of appeal to another eligible submitter; and(c) immediately before the commencement—(i) the person has not complied with the requirement; and(ii) the P&E Court has not dealt with the noncompliance under the P&E Court Act , section 37; and(iii) the P&E Court has not, under the P&E Court Act , section 32, decided to allow or not allow a longer period for complying with the requirement.(4) The requirement is taken to never have applied to the person.
346 Declaratory proceedings in P&E Court for particular matters under old Act(1) This section applies if—(a) before the old Act was repealed, a proceeding could have been brought under the old Act, section 456 about a matter under the old Act that arose before the repeal; and(b) immediately before the repeal, the proceeding had not been started.(2) This section also applies in relation to a matter that arose after the old Act was repealed, if the matter is in relation to—(a) a statutory instrument to which section 287 applies; or(b) an application mentioned in section 288(1).(3) It is declared that, despite section 311(4), a person has a right, and has always had a right, to bring a proceeding about the matter under the P&E Court Act , part 2, division 3.Note—See also the P&E Court Act, section 76 and part 10, division 2.(4) However, if the proceeding is brought under the P&E Court Act, section 12 in relation to a development application under the old Act, the proceeding may be brought only by the assessment manager for the development application under the old Act.
347 Appeals about particular decisions under old Act(1) This section applies if—(a) immediately before the old Act was repealed, a person had a right to appeal under the old Act, chapter 7, part 1 or 2 against a decision made under the old Act; and(b) before the commencement, the person started the appeal, during the person’s appeal period for the decision—(i) for an appeal to the Court of Appeal—under the P&E Court Act; or(ii) otherwise—under this Act.(2) The person is taken to have always had a right to start the appeal.