Queensland Numbered Acts Queensland Numbered ActsChapter 3 , part 4 , before division 1 —
insert—
71A MEDQ may give PDA exemption certificate for particular PDA assessable development(1) MEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies—(a) the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development;(b) the development was categorised as PDA assessable development only because of particular circumstances that no longer apply;(c) the development was categorised as PDA assessable development because of an error.(2) However, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation.(3) In deciding whether to give a PDA exemption certificate under subsection (1), MEDQ must consider any relevant State interest.(4) A PDA exemption certificate may be given subject to stated requirements.(5) Without limiting subsection (4), a PDA exemption certificate may state a period within which—(a) the PDA assessable development, or a stated part of it, must be completed; or(b) a use that is the natural and ordinary consequence of the PDA assessable development must start; or(c) if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104.(6) To the extent the development does not comply with a requirement stated under subsection (4) or (5), the PDA exemption certificate has no effect.Note—A person who carries out PDA assessable development without a PDA development permit for the development does not commit an offence against section 73(1) if the development is carried out under a PDA exemption certificate for the development. See section 73(2).
71B Notice of PDA exemption certificate(1) This section applies if MEDQ gives a PDA exemption certificate for the carrying out of PDA assessable development.(2) MEDQ must give the owner of the land the subject of the PDA exemption certificate a copy of the certificate.(3) Also, MEDQ must publish, on the department’s website, a notice stating the following—(a) that the PDA exemption certificate has been given;(b) a description of the land the subject of the certificate;(c) a description of the PDA assessable development to which the certificate relates, including any requirements imposed under section 71A(4) or (5);(d) the reasons for giving the certificate.
71C Duration of PDA exemption certificate(1) A PDA exemption certificate has effect for 2 years after the day it is given or any longer period stated in the certificate.(2) Despite the expiry of a PDA exemption certificate, the following development that was started under the certificate may be completed as if the certificate had not expired—(a) development that is reconfiguring a lot, if before the certificate expired a plan of subdivision for the development was given to MEDQ for its approval under section 104;(b) development, other than reconfiguring a lot or making a material change of use of premises, if the development was substantially started under the certificate.(3) Also, a use that is the natural and ordinary consequence of the development to which the PDA exemption certificate relates is taken to be a lawful use.(4) Subsections (2) and (3) are subject to section 71A(6).
71D PDA exemption certificate attaches to land A PDA exemption certificate—(a) attaches to the land the subject of the certificate; and(b) benefits the owner of the land, the owner’s successors in title and any occupier of the land.