QLDIn ForceAct
Coastal Protection and Management Act 1995
sec.188Applications to reconfigure a lot in a coastal management district
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### sec.188 Applications to reconfigure a lot in a coastal management district
Subsections (3) and (4) apply if—
before 20 October 2003, a person—
held an authority from a local government to reconfigure a lot in a coastal management district; and
had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and
the person intends to reconfigure the lot.
Subsections (3) and (4) also apply if—
before 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and
the application was not decided before 20 October 2003; and
the local government issues a development permit for the reconfiguration on or after 20 October 2003.
The person must apply for a further development approval for the reconfiguration under the Integrated Planning Act 1997 .
For an application made under subsection (3)—
the chief executive is the assessment manager; and
there are no referral agencies; and
only code assessment is required.
The chief executive may give the registrar of titles notice about land to which an application under subsection (3) applies.
If the chief executive gives the registrar a notice under subsection (5) the registrar—
must record the notice in a way that a search of the land registry will show that the land is subject to this Act; and
must not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.
If the registrar has recorded information under subsection (6) and the chief executive becomes aware the information no longer applies or has changed—
the chief executive must give the registrar notice that the information no longer applies or has changed; and
the registrar must update the record.
s 188 ins 2004 No. 48 s 26
amd 2006 No. 11 s 88
(sec.188-ssec.1) Subsections (3) and (4) apply if— before 20 October 2003, a person— held an authority from a local government to reconfigure a lot in a coastal management district; and had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and the person intends to reconfigure the lot.
(sec.188-ssec.2) Subsections (3) and (4) also apply if— before 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and the application was not decided before 20 October 2003; and the local government issues a development permit for the reconfiguration on or after 20 October 2003.
(sec.188-ssec.3) The person must apply for a further development approval for the reconfiguration under the Integrated Planning Act 1997 .
(sec.188-ssec.4) For an application made under subsection (3)— the chief executive is the assessment manager; and there are no referral agencies; and only code assessment is required.
(sec.188-ssec.5) The chief executive may give the registrar of titles notice about land to which an application under subsection (3) applies.
(sec.188-ssec.6) If the chief executive gives the registrar a notice under subsection (5) the registrar— must record the notice in a way that a search of the land registry will show that the land is subject to this Act; and must not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.
(sec.188-ssec.7) If the registrar has recorded information under subsection (6) and the chief executive becomes aware the information no longer applies or has changed— the chief executive must give the registrar notice that the information no longer applies or has changed; and the registrar must update the record.
- (a) before 20 October 2003, a person— (i) held an authority from a local government to reconfigure a lot in a coastal management district; and (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and
- (i) held an authority from a local government to reconfigure a lot in a coastal management district; and
- (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and
- (b) the person intends to reconfigure the lot.
- (i) held an authority from a local government to reconfigure a lot in a coastal management district; and
- (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and
- (a) before 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and
- (b) the application was not decided before 20 October 2003; and
- (c) the local government issues a development permit for the reconfiguration on or after 20 October 2003.
- (a) the chief executive is the assessment manager; and
- (b) there are no referral agencies; and
- (d) only code assessment is required.
- (a) must record the notice in a way that a search of the land registry will show that the land is subject to this Act; and
- (b) must not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.
- (a) the chief executive must give the registrar notice that the information no longer applies or has changed; and
- (b) the registrar must update the record.