QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.143Appeals and particular rights to appeal to a building and development dispute resolution committee
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### sec.143 Appeals and particular rights to appeal to a building and development dispute resolution committee
Subsections (2) to (4) apply if—
a person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and
the appeal was not decided before the repealed SPA was repealed.
If, before the repealed SPA was repealed, a building and development dispute resolution committee had been established for the appeal proceeding—
former chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and
the committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.
Subsection (4) applies if a building and development dispute resolution committee had not been established for the appeal proceeding before the repealed SPA was repealed.
Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under chapter 4C, part 4, division 3 to a development tribunal about the matter.
Subsections (6) and (7) apply if—
immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and
the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.
The person may, under chapter 4C, part 4, division 3, appeal to a development tribunal about the matter.
Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal.
In this section—
building and development dispute resolution committee means a building and development dispute resolution committee under the repealed SPA .
s 143 ins 2016 No. 27 s 499
(sec.143-ssec.1) Subsections (2) to (4) apply if— a person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and the appeal was not decided before the repealed SPA was repealed.
(sec.143-ssec.2) If, before the repealed SPA was repealed, a building and development dispute resolution committee had been established for the appeal proceeding— former chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and the committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.
(sec.143-ssec.3) Subsection (4) applies if a building and development dispute resolution committee had not been established for the appeal proceeding before the repealed SPA was repealed.
(sec.143-ssec.4) Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under chapter 4C, part 4, division 3 to a development tribunal about the matter.
(sec.143-ssec.5) Subsections (6) and (7) apply if— immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.
(sec.143-ssec.6) The person may, under chapter 4C, part 4, division 3, appeal to a development tribunal about the matter.
(sec.143-ssec.7) Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal.
(sec.143-ssec.8) In this section— building and development dispute resolution committee means a building and development dispute resolution committee under the repealed SPA .
- (a) a person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and
- (b) the appeal was not decided before the repealed SPA was repealed.
- (a) former chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and
- (b) the committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.
- (a) immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and
- (b) the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.