sec.262Review of HDPR decisions

sec.262 Review of HDPR decisions

This section applies if, before the commencement, a decision was made by the chief executive under the HDPR and— immediately before the commencement, the period during which an application for a review of the decision may have been made to QCAT under the HDPR , section 33 had not ended; or an application was made to QCAT under the HDPR , section 33 for a review of the decision and the application had not been decided by QCAT immediately before the commencement. The application may be decided, or made and decided, as if this Act had not commenced. Subsection (4) applies if, as a result of QCAT’s decision on the application, an approval, licence or permit (an interest ) would have been granted under the HDPR but for the commencement of this Act. The chief executive must grant the person a substance authority that is equivalent to the interest and is subject to the conditions that would have applied to the interest had it been granted under the HDPR before the commencement. (sec.262-ssec.1) This section applies if, before the commencement, a decision was made by the chief executive under the HDPR and— immediately before the commencement, the period during which an application for a review of the decision may have been made to QCAT under the HDPR , section 33 had not ended; or an application was made to QCAT under the HDPR , section 33 for a review of the decision and the application had not been decided by QCAT immediately before the commencement. (sec.262-ssec.2) The application may be decided, or made and decided, as if this Act had not commenced. (sec.262-ssec.3) Subsection (4) applies if, as a result of QCAT’s decision on the application, an approval, licence or permit (an interest ) would have been granted under the HDPR but for the commencement of this Act. (sec.262-ssec.4) The chief executive must grant the person a substance authority that is equivalent to the interest and is subject to the conditions that would have applied to the interest had it been granted under the HDPR before the commencement.

• (a) immediately before the commencement, the period during which an application for a review of the decision may have been made to QCAT under the HDPR , section 33 had not ended; or
• (b) an application was made to QCAT under the HDPR , section 33 for a review of the decision and the application had not been decided by QCAT immediately before the commencement.