QLDIn ForceAct
Planning Act 2016
sec.275LMChief executive may amend, suspend or cancel temporary use licences
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### sec.275LM Chief executive may amend, suspend or cancel temporary use licences
If the chief executive considers a ground exists to amend, suspend or cancel a temporary use licence (the proposed action ), the chief executive may give the holder of the licence a notice that complies with subsection (2) .
The notice must state all of the following—
the proposed action;
the grounds for the proposed action;
an outline of the facts and circumstances forming the basis for the grounds;
if the proposed action is to suspend the temporary use licence—the proposed suspension period;
the holder of the licence may, within a reasonable period stated in the notice, make a submission to the chief executive to show why the proposed action should not be taken.
After the chief executive considers any submissions made by the holder of the temporary use licence within the stated period, the chief executive must decide—
to take the proposed action; or
not to take any action; or
if the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or
if the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or
if the proposed action is to cancel the licence—
to suspend the licence for a period; or
to amend the licence having regard to the submissions.
The chief executive must give the holder of the temporary use licence notice of the chief executive’s decision.
The decision takes effect on—
the day the notice is given to the holder of the temporary use licence; or
a later day stated in the notice.
If the temporary use licence is amended, on the day the amendment takes effect section 275L applies to the licence as if a reference in the section to a temporary use licence were a reference to the licence as amended.
If the temporary use licence is suspended, the licence does not have effect for the period of the suspension.
The chief executive must give a copy of the notice under subsection (4) to the local government for the local government area in which the licensed premises for the temporary use licence are located.
s 275LM ins 2024 No. 13 s 52
(sec.275LM-ssec.1) If the chief executive considers a ground exists to amend, suspend or cancel a temporary use licence (the proposed action ), the chief executive may give the holder of the licence a notice that complies with subsection (2) .
(sec.275LM-ssec.2) The notice must state all of the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is to suspend the temporary use licence—the proposed suspension period; the holder of the licence may, within a reasonable period stated in the notice, make a submission to the chief executive to show why the proposed action should not be taken.
(sec.275LM-ssec.3) After the chief executive considers any submissions made by the holder of the temporary use licence within the stated period, the chief executive must decide— to take the proposed action; or not to take any action; or if the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or if the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or if the proposed action is to cancel the licence— to suspend the licence for a period; or to amend the licence having regard to the submissions.
(sec.275LM-ssec.4) The chief executive must give the holder of the temporary use licence notice of the chief executive’s decision.
(sec.275LM-ssec.5) The decision takes effect on— the day the notice is given to the holder of the temporary use licence; or a later day stated in the notice.
(sec.275LM-ssec.6) If the temporary use licence is amended, on the day the amendment takes effect section 275L applies to the licence as if a reference in the section to a temporary use licence were a reference to the licence as amended.
(sec.275LM-ssec.7) If the temporary use licence is suspended, the licence does not have effect for the period of the suspension.
(sec.275LM-ssec.8) The chief executive must give a copy of the notice under subsection (4) to the local government for the local government area in which the licensed premises for the temporary use licence are located.
- (a) the proposed action;
- (b) the grounds for the proposed action;
- (c) an outline of the facts and circumstances forming the basis for the grounds;
- (d) if the proposed action is to suspend the temporary use licence—the proposed suspension period;
- (e) the holder of the licence may, within a reasonable period stated in the notice, make a submission to the chief executive to show why the proposed action should not be taken.
- (a) to take the proposed action; or
- (b) not to take any action; or
- (c) if the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or
- (d) if the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or
- (e) if the proposed action is to cancel the licence— (i) to suspend the licence for a period; or (ii) to amend the licence having regard to the submissions.
- (i) to suspend the licence for a period; or
- (ii) to amend the licence having regard to the submissions.
- (i) to suspend the licence for a period; or
- (ii) to amend the licence having regard to the submissions.
- (a) the day the notice is given to the holder of the temporary use licence; or
- (b) a later day stated in the notice.