Queensland Numbered Acts

PLANNING ACT 2016 - SECT 95

95 Directions to decision-makers—current applications

(1) The Minister may, by gazette notice, direct a decision-maker to do any of the following in relation to an undecided application—

(a) to exercise one of the decision-maker’s functions, within a stated reasonable period;

(b) not to decide the application, within a stated period of at least 20 business days;

(c) to decide the application, within a stated period of at least 20 business days;

(d) for a development application for which a deemed approval has not taken effect under section 64—

(i) to impose stated development conditions on any development approval given; or

(ii) to give a preliminary approval for all or part of the application;

(e) for change representations or a change application—to impose, or amend, stated development conditions on the development approval.

(2) For subsection (1)(b)—

(a) a direction not to decide an application must state that the Minister may, within the stated period, call in the application or give a further direction; and

(b) the Minister may not call in the application after the stated period ends.

(3) The Minister must give a copy of the direction to—

(aa) the decision-maker; and

(a) the applicant; and

(b) for an application other than change representations—each referral agency other than the chief executive.

(4) If a direction not to decide an application is given—

(a) the process for administering the application stops when the direction is given; and

(b) the balance of the process restarts on the day after—

(i) the stated period ends; or

(ii) if the Minister calls in the application or gives another direction before the stated period ends—the Minister calls in the application or gives the other direction.