QLDIn ForceAct
Planning Act 2016
sec.348Validation of particular development approvals
Start here
Get a plain-English read of sec.348
Turn the raw legal text into a practical explanation grounded in Planning Act 2016.
### sec.348 Validation of particular development approvals
This section applies in relation to a development approval, whether or not the approval is still in force, that—
was granted or amended on or after 15 September 2000 but before the commencement; and
relates, or related, to the clearing of native vegetation.
The grant or amendment of the development approval is, and is taken to have always been, as valid as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.
Anything done under the development approval is, and is taken to have always been, as valid and lawful as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.
To remove any doubt it is declared that a reference in this section to the grant or amendment of the development approval includes the imposition of conditions on the approval.
In this section—
relevant provision , in relation to the grant or amendment of a development approval, means—
if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or
if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or
if the repealed Sustainable Planning Act 2009 applied to the grant or amendment—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or
if this Act applied to the grant or amendment—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .
s 348 ins 2019 No.17 s 357B
(sec.348-ssec.1) This section applies in relation to a development approval, whether or not the approval is still in force, that— was granted or amended on or after 15 September 2000 but before the commencement; and relates, or related, to the clearing of native vegetation.
(sec.348-ssec.2) The grant or amendment of the development approval is, and is taken to have always been, as valid as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.
(sec.348-ssec.3) Anything done under the development approval is, and is taken to have always been, as valid and lawful as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.
(sec.348-ssec.4) To remove any doubt it is declared that a reference in this section to the grant or amendment of the development approval includes the imposition of conditions on the approval.
(sec.348-ssec.5) In this section— relevant provision , in relation to the grant or amendment of a development approval, means— if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or if the repealed Sustainable Planning Act 2009 applied to the grant or amendment—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or if this Act applied to the grant or amendment—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .
- (a) was granted or amended on or after 15 September 2000 but before the commencement; and
- (b) relates, or related, to the clearing of native vegetation.
- (a) if the repealed Integrated Planning Act 1997 , as in force before 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 8 , section 22 , definitions essential management and routine management ; or
- (b) if the repealed Integrated Planning Act 1997 , as in force on or after 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997 , schedule 10 , definitions essential management and routine management ; or
- (c) if the repealed Sustainable Planning Act 2009 applied to the grant or amendment—the repealed Sustainable Planning Regulation 2009 , schedule 26 , definitions essential management and routine management ; or
- (d) if this Act applied to the grant or amendment—the Planning Regulation 2017 , schedule 24 , definitions essential management and routine management .