QLDIn ForceAct
Planning Act 2016
sec.40Repealing designation—designator
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### sec.40 Repealing designation—designator
A designator may repeal a designation made by the designator by publishing a gazette notice that states—
that the designation is repealed; and
a description of the designated premises; and
the type of infrastructure for which the premises were designated; and
the reasons for the repeal.
The designator must give a copy of the notice to—
if the Minister is the designator—each of the affected parties and the chief executive; or
if a local government is the designator—the owner of the premises and the chief executive.
Any development started under the designation may be completed as if the designation had not been repealed.
Subject to any requirements under section 35 (2) , a use of the premises that is the natural and ordinary consequence of the development is taken to be a lawful use.
(sec.40-ssec.1) A designator may repeal a designation made by the designator by publishing a gazette notice that states— that the designation is repealed; and a description of the designated premises; and the type of infrastructure for which the premises were designated; and the reasons for the repeal.
(sec.40-ssec.2) The designator must give a copy of the notice to— if the Minister is the designator—each of the affected parties and the chief executive; or if a local government is the designator—the owner of the premises and the chief executive.
(sec.40-ssec.3) Any development started under the designation may be completed as if the designation had not been repealed.
(sec.40-ssec.4) Subject to any requirements under section 35 (2) , a use of the premises that is the natural and ordinary consequence of the development is taken to be a lawful use.
- (a) that the designation is repealed; and
- (b) a description of the designated premises; and
- (c) the type of infrastructure for which the premises were designated; and
- (d) the reasons for the repeal.
- (a) if the Minister is the designator—each of the affected parties and the chief executive; or
- (b) if a local government is the designator—the owner of the premises and the chief executive.