QLDIn ForceAct
Fisheries Act 1994
sec.244Applications in progress for particular relevant authorities
Start here
Get a plain-English read of sec.244
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1994.
### sec.244 Applications in progress for particular relevant authorities
This section applies to an application for a relevant authority, other than an aquaculture licence for harvesting wild oysters from foreshores, if the application is not finally decided before the commencement of this section.
From the commencement, the application is taken to be a development application for which the chief executive is the assessment manager.
Also—
for an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies—
the application is taken to also be an application for the relevant resource allocation authority for the development;
the part of the application for the resource allocation authority must be decided first;
if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;
if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be—
if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
for another application—the day this section commences is taken to be—
if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .
In this section—
repealed Planning Act means the repealed Sustainable Planning Act 2009 .
s 244 ins 2003 No. 82 s 44
amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 259
(sec.244-ssec.1) This section applies to an application for a relevant authority, other than an aquaculture licence for harvesting wild oysters from foreshores, if the application is not finally decided before the commencement of this section.
(sec.244-ssec.2) From the commencement, the application is taken to be a development application for which the chief executive is the assessment manager.
(sec.244-ssec.3) Also— for an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies— the application is taken to also be an application for the relevant resource allocation authority for the development; the part of the application for the resource allocation authority must be decided first; if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn; if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or for another application—the day this section commences is taken to be— if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .
(sec.244-ssec.4) In this section— repealed Planning Act means the repealed Sustainable Planning Act 2009 .
- (a) for an application for development that must be supported by evidence of the existence of a resource allocation authority for the development—the following applies— (i) the application is taken to also be an application for the relevant resource allocation authority for the development; (ii) the part of the application for the resource allocation authority must be decided first; (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn; (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (i) the application is taken to also be an application for the relevant resource allocation authority for the development;
- (ii) the part of the application for the resource allocation authority must be decided first;
- (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;
- (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (b) for another application—the day this section commences is taken to be— (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .
- (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
- (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .
- (i) the application is taken to also be an application for the relevant resource allocation authority for the development;
- (ii) the part of the application for the resource allocation authority must be decided first;
- (iii) if the part of the application for the resource allocation authority is refused—the whole application is taken to have been withdrawn;
- (iv) if the part of the application for the resource allocation is granted—the day the part of the application is granted is taken to be— (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (A) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
- (B) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act ; or
- (i) if the chief executive has received, for the application, further relevant information under section 54(2)—the day the decision stage for the development application starts under the repealed Planning Act ; or
- (ii) otherwise—the day the information and referral stage for the development application starts under the repealed Planning Act .