QLDIn ForceAct
Planning Act 2016
sec.106HFEffect of revocation—relevant application made but not decided before declaration made
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### sec.106HF Effect of revocation—relevant application made but not decided before declaration made
This section applies if—
a declaration in relation to the relevant application is revoked under section 106HC ; and
the relevant application was made to the decision-maker for the application before the declaration was made; and
the decision-maker for the relevant application had not, before the declaration was made, given a decision notice for the application to at least 1 entity under—
if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or
if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) ; and
the applicant had not, before the declaration was made, given a deemed approval notice to the decision-maker for the relevant application under section 64 .
Subject to subsection (3) , the decision-maker for the relevant application must assess and decide the application under parts 1 to 5 .
The process for administering the relevant application starts again from the point stated in the notice revoking the declaration.
s 106HF ins 2024 No. 53 s 35
(sec.106HF-ssec.1) This section applies if— a declaration in relation to the relevant application is revoked under section 106HC ; and the relevant application was made to the decision-maker for the application before the declaration was made; and the decision-maker for the relevant application had not, before the declaration was made, given a decision notice for the application to at least 1 entity under— if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) ; and the applicant had not, before the declaration was made, given a deemed approval notice to the decision-maker for the relevant application under section 64 .
(sec.106HF-ssec.2) Subject to subsection (3) , the decision-maker for the relevant application must assess and decide the application under parts 1 to 5 .
(sec.106HF-ssec.3) The process for administering the relevant application starts again from the point stated in the notice revoking the declaration.
- (a) a declaration in relation to the relevant application is revoked under section 106HC ; and
- (b) the relevant application was made to the decision-maker for the application before the declaration was made; and
- (c) the decision-maker for the relevant application had not, before the declaration was made, given a decision notice for the application to at least 1 entity under— (i) if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or (ii) if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) ; and
- (i) if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or
- (ii) if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) ; and
- (d) the applicant had not, before the declaration was made, given a deemed approval notice to the decision-maker for the relevant application under section 64 .
- (i) if the relevant application is a development application— section 63 (1) , 64 (6) or 76 (2) ; or
- (ii) if the relevant application is a change application— section 64 (6) , 76 (2) or 83 (1) or (2) ; and