sec.46Special provision for Northshore Hamilton urban development area

sec.46 Special provision for Northshore Hamilton urban development area

This section applies in relation to balance port land that is in the Northshore Hamilton urban development area. A person may apply to MEDQ to restart a use of premises on the land if— the use— is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and the application is made within 6 months after the use stopped. For making, dealing with and deciding the application, part 4 , division 3 applies, with any necessary changes, as if it were a PDA development application. A person may, under section 99 , apply to MEDQ to change a development approval for a use mentioned in subsection (2) (a) (i) or (ii) to an extent that— only changes the configuration or layout of buildings, other structures or plant; and does not involve an extension of the area of any buildings, other structures or plant. A person may apply to MEDQ to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a PDA development approval. An application under subsection (4) or (5) may be made under section 99 as if it were an amendment application under that section. Under section 99 (2) , an amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different. An application mentioned in this section may be made to MEDQ, and approved by MEDQ, despite any provision of the Northshore Hamilton UDA Development Scheme 2009 that prohibits the development. An application mentioned in this section may be made in relation to premises at any time until the day the term of the current lease for the premises ends. In this section— balance port land see the Transport Infrastructure Act 1994 , section 283I . current lease , for premises, means a lease that was in existence for the premises immediately before the commencement of the repealed ULDA Act , section 14A . The repealed ULDA Act , section 14A commenced on 23 May 2010. first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under the repealed ULDA Act . Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522. (sec.46-ssec.1) This section applies in relation to balance port land that is in the Northshore Hamilton urban development area. (sec.46-ssec.2) A person may apply to MEDQ to restart a use of premises on the land if— the use— is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and the application is made within 6 months after the use stopped. (sec.46-ssec.3) For making, dealing with and deciding the application, part 4 , division 3 applies, with any necessary changes, as if it were a PDA development application. (sec.46-ssec.4) A person may, under section 99 , apply to MEDQ to change a development approval for a use mentioned in subsection (2) (a) (i) or (ii) to an extent that— only changes the configuration or layout of buildings, other structures or plant; and does not involve an extension of the area of any buildings, other structures or plant. (sec.46-ssec.5) A person may apply to MEDQ to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a PDA development approval. (sec.46-ssec.6) An application under subsection (4) or (5) may be made under section 99 as if it were an amendment application under that section. Under section 99 (2) , an amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different. (sec.46-ssec.7) An application mentioned in this section may be made to MEDQ, and approved by MEDQ, despite any provision of the Northshore Hamilton UDA Development Scheme 2009 that prohibits the development. (sec.46-ssec.8) An application mentioned in this section may be made in relation to premises at any time until the day the term of the current lease for the premises ends. (sec.46-ssec.9) In this section— balance port land see the Transport Infrastructure Act 1994 , section 283I . current lease , for premises, means a lease that was in existence for the premises immediately before the commencement of the repealed ULDA Act , section 14A . The repealed ULDA Act , section 14A commenced on 23 May 2010. first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under the repealed ULDA Act . Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.