QLDIn ForceAct
State Development and Public Works Organisation Act 1971
sec.198Existing approved development schemes
Start here
Get a plain-English read of sec.198
Turn the raw legal text into a practical explanation grounded in State Development and Public Works Organisation Act 1971.
### sec.198 Existing approved development schemes
This section applies to an approved development scheme in effect immediately before the commencement.
If the approved development scheme states a particular use of land or material change of use of premises can not be carried out without the approval of the Coordinator-General, the use or material change of use is taken to be—
SDA assessable development; and
regulated development.
Subsection (4) applies if the approved development scheme states matters or things the Coordinator-General may consider in assessing a proposed use.
The matters or things are taken to be the matters or things an SDA application for the development may be assessed against.
A reference in the approved development scheme to—
an application to the Coordinator-General for approval to carry out a use of land, or a material change of use of premises, is a reference to an SDA application for approval to carry out a material change of use of premises; and
an approval given by the Coordinator-General for a use of land, or a material change of use of premises, is a reference to an SDA approval for a material change of use of premises; and
a request to change an approval is a reference to a change application for an SDA approval; and
an alternative lawful use is a reference to an alternative lawful development; and
an approved use is a reference to an approved development; and
an authorised use is a reference to an authorised development.
s 198 ins 2014 No. 40 s 66
(sec.198-ssec.1) This section applies to an approved development scheme in effect immediately before the commencement.
(sec.198-ssec.2) If the approved development scheme states a particular use of land or material change of use of premises can not be carried out without the approval of the Coordinator-General, the use or material change of use is taken to be— SDA assessable development; and regulated development.
(sec.198-ssec.3) Subsection (4) applies if the approved development scheme states matters or things the Coordinator-General may consider in assessing a proposed use.
(sec.198-ssec.4) The matters or things are taken to be the matters or things an SDA application for the development may be assessed against.
(sec.198-ssec.5) A reference in the approved development scheme to— an application to the Coordinator-General for approval to carry out a use of land, or a material change of use of premises, is a reference to an SDA application for approval to carry out a material change of use of premises; and an approval given by the Coordinator-General for a use of land, or a material change of use of premises, is a reference to an SDA approval for a material change of use of premises; and a request to change an approval is a reference to a change application for an SDA approval; and an alternative lawful use is a reference to an alternative lawful development; and an approved use is a reference to an approved development; and an authorised use is a reference to an authorised development.
- (a) SDA assessable development; and
- (b) regulated development.
- (a) an application to the Coordinator-General for approval to carry out a use of land, or a material change of use of premises, is a reference to an SDA application for approval to carry out a material change of use of premises; and
- (b) an approval given by the Coordinator-General for a use of land, or a material change of use of premises, is a reference to an SDA approval for a material change of use of premises; and
- (c) a request to change an approval is a reference to a change application for an SDA approval; and
- (d) an alternative lawful use is a reference to an alternative lawful development; and
- (e) an approved use is a reference to an approved development; and
- (f) an authorised use is a reference to an authorised development.