sec.71Development by the State

### sec.71 Development by the State This section applies if the State— proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— the life or health of a person; or the structural safety of a building; and does not have an exemption certificate for the development. The chief executive of the department or agency proposing the development must give the council a report on the proposed development. The report must contain the details prescribed under a regulation. Subsection (5) applies if— the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place. The council must publish a public notice stating the following— details of the development; that a person or other entity may give the council a written submission about the development; where the submission may be given; that the submission must be given within 20 business days after the notice is published. The council must consider the report and all submissions made about the development and recommend to the Minister proposing the development that— the development may be carried out; or the development may be carried out subject to stated conditions or modifications; or the development should not be carried out. If the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the effect of carrying out the development would be to destroy or substantially reduce the cultural heritage significance of the place, the council may only recommend the development may be carried out if it is satisfied there is no prudent and feasible alternative to carrying out the development. In considering whether there is no prudent and feasible alternative to carrying out the development, the council must have regard to— safety, health and economic considerations; and any other matters the council considers relevant. The Minister proposing the development must consider the council’s recommendation and decide whether to accept or reject it. If the development was publicly notified under subsection (5) , the Minister proposing the development must also give public notice of the decision under subsection (9) a reasonable time before the development starts. s 71 sub 2003 No. 32 s 14 amd 2007 No. 50 s 22 ; 2011 No. 6 s 142 sch ; 2014 No. 61 s 35 (sec.71-ssec.1) This section applies if the State— proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— the life or health of a person; or the structural safety of a building; and does not have an exemption certificate for the development. (sec.71-ssec.2) The chief executive of the department or agency proposing the development must give the council a report on the proposed development. (sec.71-ssec.3) The report must contain the details prescribed under a regulation. (sec.71-ssec.4) Subsection (5) applies if— the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place. (sec.71-ssec.5) The council must publish a public notice stating the following— details of the development; that a person or other entity may give the council a written submission about the development; where the submission may be given; that the submission must be given within 20 business days after the notice is published. (sec.71-ssec.6) The council must consider the report and all submissions made about the development and recommend to the Minister proposing the development that— the development may be carried out; or the development may be carried out subject to stated conditions or modifications; or the development should not be carried out. (sec.71-ssec.7) If the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the effect of carrying out the development would be to destroy or substantially reduce the cultural heritage significance of the place, the council may only recommend the development may be carried out if it is satisfied there is no prudent and feasible alternative to carrying out the development. (sec.71-ssec.8) In considering whether there is no prudent and feasible alternative to carrying out the development, the council must have regard to— safety, health and economic considerations; and any other matters the council considers relevant. (sec.71-ssec.9) The Minister proposing the development must consider the council’s recommendation and decide whether to accept or reject it. (sec.71-ssec.10) If the development was publicly notified under subsection (5) , the Minister proposing the development must also give public notice of the decision under subsection (9) a reasonable time before the development starts. - (a) proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and - (i) the life or health of a person; or - (ii) the structural safety of a building; and - (b) does not have an exemption certificate for the development. - (i) the life or health of a person; or - (ii) the structural safety of a building; and - (a) the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or - (b) the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place. - (a) details of the development; - (b) that a person or other entity may give the council a written submission about the development; - (c) where the submission may be given; - (d) that the submission must be given within 20 business days after the notice is published. - (a) the development may be carried out; or - (b) the development may be carried out subject to stated conditions or modifications; or - (c) the development should not be carried out. - (a) safety, health and economic considerations; and - (b) any other matters the council considers relevant.