QLDIn ForceAct
Planning Act 2016
sec.79Requirements for change applications
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### sec.79 Requirements for change applications
A change application must be—
made in the approved form; and
accompanied by—
the required fee; and
for an application for a minor change—a copy of any pre-request response notice for the application.
Also, a change application must be accompanied by the written consent of the owner of the premises the subject of the application to the extent—
the applicant is not the owner; and
the application is in relation to—
a material change of use of premises or reconfiguring a lot; or
works on premises that are below high-water mark and outside a canal; and
the premises are not excluded premises.
If a change application, other than a change application for a minor change to a development approval, relates to development requiring social impact assessment, the application must be accompanied by—
a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and
each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application.
The responsible entity—
must accept an application that the responsible entity is satisfied complies with subsections (1) to (3) ; and
must not accept an application unless the responsible entity is satisfied the application complies with subsections (2) and (3) ; and
may accept an application that does not comply with subsection (1) (a) or (b) (ii) ; and
may accept an application that does not comply with subsection (1) (b) (i) to the extent the required fee has been waived under section 109 (b) .
s 79 amd 2017 No. 12 s 41 ; 2017 No. 31 s 38 ; 2025 No. 14 s 19
(sec.79-ssec.1) A change application must be— made in the approved form; and accompanied by— the required fee; and for an application for a minor change—a copy of any pre-request response notice for the application.
(sec.79-ssec.2) Also, a change application must be accompanied by the written consent of the owner of the premises the subject of the application to the extent— the applicant is not the owner; and the application is in relation to— a material change of use of premises or reconfiguring a lot; or works on premises that are below high-water mark and outside a canal; and the premises are not excluded premises.
(sec.79-ssec.3) If a change application, other than a change application for a minor change to a development approval, relates to development requiring social impact assessment, the application must be accompanied by— a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application.
(sec.79-ssec.4) The responsible entity— must accept an application that the responsible entity is satisfied complies with subsections (1) to (3) ; and must not accept an application unless the responsible entity is satisfied the application complies with subsections (2) and (3) ; and may accept an application that does not comply with subsection (1) (a) or (b) (ii) ; and may accept an application that does not comply with subsection (1) (b) (i) to the extent the required fee has been waived under section 109 (b) .
- (a) made in the approved form; and
- (b) accompanied by— (i) the required fee; and (ii) for an application for a minor change—a copy of any pre-request response notice for the application.
- (i) the required fee; and
- (ii) for an application for a minor change—a copy of any pre-request response notice for the application.
- (i) the required fee; and
- (ii) for an application for a minor change—a copy of any pre-request response notice for the application.
- (a) the applicant is not the owner; and
- (b) the application is in relation to— (i) a material change of use of premises or reconfiguring a lot; or (ii) works on premises that are below high-water mark and outside a canal; and
- (i) a material change of use of premises or reconfiguring a lot; or
- (ii) works on premises that are below high-water mark and outside a canal; and
- (c) the premises are not excluded premises.
- (i) a material change of use of premises or reconfiguring a lot; or
- (ii) works on premises that are below high-water mark and outside a canal; and
- (a) a social impact assessment report for the application that complies with section 106W (1) , or a notice given by the chief executive under section 106ZE (1) (a) stating that a social impact assessment report is not required for the application; and
- (b) each community benefit agreement for the application required under section 106Z (1) or entered into under section 106Z (2) , or a notice given by the chief executive under section 106ZE (1) (b) stating that a community benefit agreement is not required for the application.
- (a) must accept an application that the responsible entity is satisfied complies with subsections (1) to (3) ; and
- (b) must not accept an application unless the responsible entity is satisfied the application complies with subsections (2) and (3) ; and
- (c) may accept an application that does not comply with subsection (1) (a) or (b) (ii) ; and
- (d) may accept an application that does not comply with subsection (1) (b) (i) to the extent the required fee has been waived under section 109 (b) .