QLDIn ForceAct
Queensland Heritage Act 1992
sec.59Obligation to give notice about development approvals
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### sec.59 Obligation to give notice about development approvals
Subsection (2) applies to the owner of a place if—
the owner—
has applied under division 2 to have the place entered in the Queensland heritage register; or
is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.
The owner must, within the relevant period, advise the chief executive of the development approval.
Maximum penalty—100 penalty units.
Subsection (4) applies to the owner of a place if—
the owner—
has applied under division 2 to have the place entered in the Queensland heritage register; or
is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act —
an application for a development approval;
a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .
The owner must, within the relevant period, advise the chief executive of the relevant application.
Maximum penalty—100 penalty units.
In this section—
relevant period means 10 business days after the owner received a notice under section 38 (1) (a) or (c) for the application to have the place entered in the Queensland heritage register.
s 59 ins 2007 No. 50 s 19
amd 2016 No. 27 s 379
(sec.59-ssec.1) Subsection (2) applies to the owner of a place if— the owner— has applied under division 2 to have the place entered in the Queensland heritage register; or is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.
(sec.59-ssec.2) The owner must, within the relevant period, advise the chief executive of the development approval. Maximum penalty—100 penalty units.
(sec.59-ssec.3) Subsection (4) applies to the owner of a place if— the owner— has applied under division 2 to have the place entered in the Queensland heritage register; or is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act — an application for a development approval; a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .
(sec.59-ssec.4) The owner must, within the relevant period, advise the chief executive of the relevant application. Maximum penalty—100 penalty units.
(sec.59-ssec.5) In this section— relevant period means 10 business days after the owner received a notice under section 38 (1) (a) or (c) for the application to have the place entered in the Queensland heritage register.
- (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or
- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.
- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or
- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or
- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act — (i) an application for a development approval; (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .
- (i) an application for a development approval;
- (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .
- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or
- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and
- (i) an application for a development approval;
- (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .