sec.34Particular applications for port facilities must be refused

### sec.34 Particular applications for port facilities must be refused An assessment manager must refuse a development application to the extent the application is for development for, or relating to, a port facility, if the development is— within the State marine park; or within a restricted area that is outside a port’s existing port limits. However, subsection (1) does not apply to the following development— the carrying out of dredging; the disposing, or depositing, of material generated from dredging activities. Also, subsection (1) does not apply to development for, or relating to, a port facility for the Port of Gladstone if the development is carried out on an island— that, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or that is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone. This section applies despite the following— the Economic Development Act ; the Planning Act ; the State Development Act ; the Transport Infrastructure Act , section 291 . In this section— assessment manager includes— for a PDA development application under the Economic Development Act —MEDQ; and for an SDA application under the State Development Act —the Coordinator-General; and for a change application—the responsible entity for the application. development application includes— a PDA development application under the Economic Development Act ; and an SDA application under the State Development Act ; and a change application, other than a minor change application. existing port limits , for a port, means the port’s port limits, immediately before the commencement, under the Transport Infrastructure Act . s 34 amd 2016 No. 27 s 555D (sec.34-ssec.1) An assessment manager must refuse a development application to the extent the application is for development for, or relating to, a port facility, if the development is— within the State marine park; or within a restricted area that is outside a port’s existing port limits. (sec.34-ssec.2) However, subsection (1) does not apply to the following development— the carrying out of dredging; the disposing, or depositing, of material generated from dredging activities. (sec.34-ssec.3) Also, subsection (1) does not apply to development for, or relating to, a port facility for the Port of Gladstone if the development is carried out on an island— that, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or that is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone. (sec.34-ssec.4) This section applies despite the following— the Economic Development Act ; the Planning Act ; the State Development Act ; the Transport Infrastructure Act , section 291 . (sec.34-ssec.5) In this section— assessment manager includes— for a PDA development application under the Economic Development Act —MEDQ; and for an SDA application under the State Development Act —the Coordinator-General; and for a change application—the responsible entity for the application. development application includes— a PDA development application under the Economic Development Act ; and an SDA application under the State Development Act ; and a change application, other than a minor change application. existing port limits , for a port, means the port’s port limits, immediately before the commencement, under the Transport Infrastructure Act . - (a) within the State marine park; or - (b) within a restricted area that is outside a port’s existing port limits. - (a) the carrying out of dredging; - (b) the disposing, or depositing, of material generated from dredging activities. - (a) that, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or - (b) that is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone. - (a) the Economic Development Act ; - (b) the Planning Act ; - (c) the State Development Act ; - (d) the Transport Infrastructure Act , section 291 . - (a) for a PDA development application under the Economic Development Act —MEDQ; and - (b) for an SDA application under the State Development Act —the Coordinator-General; and - (c) for a change application—the responsible entity for the application. - (a) a PDA development application under the Economic Development Act ; and - (b) an SDA application under the State Development Act ; and - (c) a change application, other than a minor change application.