sec.20BChairperson may give notice about deemed approvals under Planning Act

### sec.20B Chairperson may give notice about deemed approvals under Planning Act This section applies— if there is a disaster situation; and despite the Planning Act . The chairperson of the QDMC may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provision does not apply to a development application, or change application, (an affected application ) made to the local government but not decided before the day the local government receives the notice. The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared. The notice must state— a day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and how the notice affects any affected applications. As soon as practicable after giving a notice to a local government under subsection (2) , the chairperson must ensure the following is published on the website of the department in which the Planning Act is administered— a statement that the notice has been given to the local government; a copy of the notice. If a notice is given to a local government under subsection (2) — the deemed approval provision is taken not to apply to an affected application— from the day the local government receives the notice; and to the end of the stated day; and the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act. In this section— change application means a change application under the Planning Act , other than a change application for a minor change to a development approval, as defined in that Act. deemed approval provision means the Planning Act , section 64 . development application means a development application under the Planning Act . Planning Act means the Planning Act 2016 . relevant local government , for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated. s 20B ins 2011 No. 1 s 149 amd 2016 No. 27 s 165 ; 2023 No. 7 s 4 ; 2024 No. 22 s 92 sch 1 (sec.20B-ssec.1) This section applies— if there is a disaster situation; and despite the Planning Act . (sec.20B-ssec.2) The chairperson of the QDMC may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provision does not apply to a development application, or change application, (an affected application ) made to the local government but not decided before the day the local government receives the notice. (sec.20B-ssec.3) The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared. (sec.20B-ssec.4) The notice must state— a day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and how the notice affects any affected applications. (sec.20B-ssec.5) As soon as practicable after giving a notice to a local government under subsection (2) , the chairperson must ensure the following is published on the website of the department in which the Planning Act is administered— a statement that the notice has been given to the local government; a copy of the notice. (sec.20B-ssec.6) If a notice is given to a local government under subsection (2) — the deemed approval provision is taken not to apply to an affected application— from the day the local government receives the notice; and to the end of the stated day; and the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act. (sec.20B-ssec.7) In this section— change application means a change application under the Planning Act , other than a change application for a minor change to a development approval, as defined in that Act. deemed approval provision means the Planning Act , section 64 . development application means a development application under the Planning Act . Planning Act means the Planning Act 2016 . relevant local government , for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated. - (a) if there is a disaster situation; and - (b) despite the Planning Act . - (a) a day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and - (b) how the notice affects any affected applications. - (a) a statement that the notice has been given to the local government; - (b) a copy of the notice. - (a) the deemed approval provision is taken not to apply to an affected application— (i) from the day the local government receives the notice; and (ii) to the end of the stated day; and - (i) from the day the local government receives the notice; and - (ii) to the end of the stated day; and - (b) the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and - (c) a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act. - (i) from the day the local government receives the notice; and - (ii) to the end of the stated day; and