Mixed Use Development Act 1993
sec.214DInternal dispute resolution processes to be used before application
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sec.214D Internal dispute resolution processes to be used before application
Subsection (2) applies to a referee for deciding an application for an order under the Building Units and Group Titles Act 1980 , part 5 relating to a dispute about a matter mentioned in section 214A (1) . The referee must not decide the application unless the referee is satisfied the applicant has made reasonable attempts to resolve the dispute by using internal dispute resolution processes. Subsection (4) applies to QCAT for deciding an application about a matter relating to— a community development control by-law under section 214B (1) ; or a precinct development control by-law under section 214C (1) . QCAT must not decide the application unless QCAT is satisfied the applicant has made reasonable attempts to resolve the matter by using— if the application relates to a dispute (a design and development dispute ) mentioned in section 202 (3) (b) or 208 (3) (b) and the community or precinct development control by-law provides a mechanism for deciding the dispute—the mechanism provided under the by-law; or otherwise—internal dispute resolution processes. In this section— internal dispute resolution processes includes the following— the parties to the dispute communicating with each other about the dispute; the applicant writing about the dispute to the executive committee for the community body corporate or precinct body corporate, as relevant; the applicant causing a motion relevant to deciding the dispute to be presented for consideration at a general meeting of the community body corporate or precinct body corporate, as relevant. s 214D ins 2011 No. 27 s 310 (sec.214D-ssec.1) Subsection (2) applies to a referee for deciding an application for an order under the Building Units and Group Titles Act 1980 , part 5 relating to a dispute about a matter mentioned in section 214A (1) . (sec.214D-ssec.2) The referee must not decide the application unless the referee is satisfied the applicant has made reasonable attempts to resolve the dispute by using internal dispute resolution processes. (sec.214D-ssec.3) Subsection (4) applies to QCAT for deciding an application about a matter relating to— a community development control by-law under section 214B (1) ; or a precinct development control by-law under section 214C (1) . (sec.214D-ssec.4) QCAT must not decide the application unless QCAT is satisfied the applicant has made reasonable attempts to resolve the matter by using— if the application relates to a dispute (a design and development dispute ) mentioned in section 202 (3) (b) or 208 (3) (b) and the community or precinct development control by-law provides a mechanism for deciding the dispute—the mechanism provided under the by-law; or otherwise—internal dispute resolution processes. (sec.214D-ssec.5) In this section— internal dispute resolution processes includes the following— the parties to the dispute communicating with each other about the dispute; the applicant writing about the dispute to the executive committee for the community body corporate or precinct body corporate, as relevant; the applicant causing a motion relevant to deciding the dispute to be presented for consideration at a general meeting of the community body corporate or precinct body corporate, as relevant.