QLDIn ForceAct
Planning Act 2016
sec.106HEffect of declaration
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### sec.106H Effect of declaration
This section applies if the Minister declares, under section 106D , that the relevant application is an application for State facilitated development.
When the declaration takes effect—
any decision on the application made by the decision-maker, including any deemed approval, stops having effect; and
any decision notice given by the decision-maker for the application stops having effect; and
any appeal against a decision on the application made by the decision-maker is discontinued; and
if the declaration notice states the restarting point for the application—the process for administering the application starts again from the restarting point.
To remove any doubt, it is declared that the local government may give an infrastructure charges notice in relation to a development approval given for the application under division 3 .
s 106H ins 2024 No. 13 s 74
(sec.106H-ssec.1) This section applies if the Minister declares, under section 106D , that the relevant application is an application for State facilitated development.
(sec.106H-ssec.2) When the declaration takes effect— any decision on the application made by the decision-maker, including any deemed approval, stops having effect; and any decision notice given by the decision-maker for the application stops having effect; and any appeal against a decision on the application made by the decision-maker is discontinued; and if the declaration notice states the restarting point for the application—the process for administering the application starts again from the restarting point.
(sec.106H-ssec.3) To remove any doubt, it is declared that the local government may give an infrastructure charges notice in relation to a development approval given for the application under division 3 .
- (a) any decision on the application made by the decision-maker, including any deemed approval, stops having effect; and
- (b) any decision notice given by the decision-maker for the application stops having effect; and
- (c) any appeal against a decision on the application made by the decision-maker is discontinued; and
- (d) if the declaration notice states the restarting point for the application—the process for administering the application starts again from the restarting point.