QLDIn ForceAct
Housing Act 2003
sec.94HTransfer of public housing premises
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### sec.94H Transfer of public housing premises
For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service.
Without limiting subsection (1) , the transfer may include—
a transfer, from the provider of relevant public housing, to—
an individual; or
an entity that provides a housing service that is not the provision of relevant public housing; or
a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.
Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service.
Subsection (3) applies even if the premises—
immediately before the transfer, are not occupied by an individual as a residence; or
have never been occupied by an individual as a residence.
Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises.
s 94H ins 2016 No. 11 s 4
amd 2019 No. 11 s 118
(sec.94H-ssec.1) For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service.
(sec.94H-ssec.2) Without limiting subsection (1) , the transfer may include— a transfer, from the provider of relevant public housing, to— an individual; or an entity that provides a housing service that is not the provision of relevant public housing; or a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.
(sec.94H-ssec.3) Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service.
(sec.94H-ssec.4) Subsection (3) applies even if the premises— immediately before the transfer, are not occupied by an individual as a residence; or have never been occupied by an individual as a residence.
(sec.94H-ssec.5) Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises.
- (a) a transfer, from the provider of relevant public housing, to— (i) an individual; or (ii) an entity that provides a housing service that is not the provision of relevant public housing; or
- (i) an individual; or
- (ii) an entity that provides a housing service that is not the provision of relevant public housing; or
- (b) a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.
- (i) an individual; or
- (ii) an entity that provides a housing service that is not the provision of relevant public housing; or
- (a) immediately before the transfer, are not occupied by an individual as a residence; or
- (b) have never been occupied by an individual as a residence.