sec.11General declaratory jurisdiction

sec.11 General declaratory jurisdiction

Any person may start a P&E Court proceeding seeking a declaration (a declaratory proceeding ) about— a matter done, to be done or that should have been done for this Act or the Planning Act ; or the interpretation of this Act or the Planning Act ; or the lawfulness of land use or development under the Planning Act ; or the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and the interpretation of chapter 3 , part 1 of that Act; or the construction of the Brisbane port LUP under the Transport Infrastructure Act 1994 . Under the Acts Interpretation Act 1954 , section 7 , a reference to an Act in this list of subject matter about which a declaration may be sought includes a reference to the statutory instruments made under the Act . However— a declaratory proceeding for a matter under the Planning Act , chapter 3 , part 6 , division 3 or part 6A may be started only under section 12 ; and a declaratory proceeding for a matter stated in section 12A may be started only under that section. Also, a person may not start a declaratory proceeding for a matter under— the Planning Act , chapter 3 , part 6 , division 2 ; or the Planning Act , section 106ZE or 106ZF . The P&E Court may also make an order about any declaration it makes. Subsections (6) and (7) apply if— a development application or change application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and the declaration is revoked under section 106HC of that Act. Despite subsection (2) (a) , a person may start a declaratory proceeding in relation to the effect of the revocation under the Planning Act , section 106HE , 106HF or 106HG . Also, to remove any doubt, it is declared that a person may start a declaratory proceeding in relation to the process for administering the development application or change application under the Planning Act . For a proceeding under this section in relation to a development approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AJ (3) and (4) of that Act. s 11 amd 2019 No. 11 s 185 ; 2024 No. 13 s 100 ; 2024 No. 53 s 40 ; 2025 No. 14 s 28 (sec.11-ssec.1) Any person may start a P&E Court proceeding seeking a declaration (a declaratory proceeding ) about— a matter done, to be done or that should have been done for this Act or the Planning Act ; or the interpretation of this Act or the Planning Act ; or the lawfulness of land use or development under the Planning Act ; or the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and the interpretation of chapter 3 , part 1 of that Act; or the construction of the Brisbane port LUP under the Transport Infrastructure Act 1994 . Under the Acts Interpretation Act 1954 , section 7 , a reference to an Act in this list of subject matter about which a declaration may be sought includes a reference to the statutory instruments made under the Act . (sec.11-ssec.2) However— a declaratory proceeding for a matter under the Planning Act , chapter 3 , part 6 , division 3 or part 6A may be started only under section 12 ; and a declaratory proceeding for a matter stated in section 12A may be started only under that section. (sec.11-ssec.3) Also, a person may not start a declaratory proceeding for a matter under— the Planning Act , chapter 3 , part 6 , division 2 ; or the Planning Act , section 106ZE or 106ZF . (sec.11-ssec.4) The P&E Court may also make an order about any declaration it makes. (sec.11-ssec.5) Subsections (6) and (7) apply if— a development application or change application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and the declaration is revoked under section 106HC of that Act. (sec.11-ssec.6) Despite subsection (2) (a) , a person may start a declaratory proceeding in relation to the effect of the revocation under the Planning Act , section 106HE , 106HF or 106HG . (sec.11-ssec.7) Also, to remove any doubt, it is declared that a person may start a declaratory proceeding in relation to the process for administering the development application or change application under the Planning Act .