QLDIn ForceAct
Queensland Heritage Act 1992
sec.55When council is taken to have made decision
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### sec.55 When council is taken to have made decision
This section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation.
If the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register.
If the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register.
A decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation.
In this section—
relevant period , for a heritage recommendation, means—
60 business days after the council receives the recommendation; or
if the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.
s 55 ins 2007 No. 50 s 17
amd 2014 No. 61 s 27
(sec.55-ssec.1) This section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation.
(sec.55-ssec.2) If the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register.
(sec.55-ssec.3) If the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register.
(sec.55-ssec.4) A decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation.
(sec.55-ssec.5) In this section— relevant period , for a heritage recommendation, means— 60 business days after the council receives the recommendation; or if the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.
- (a) 60 business days after the council receives the recommendation; or
- (b) if the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.