QLDIn ForceAct
Transport Infrastructure Act 1994
sec.283ZZJParticular applications—Brisbane core port land
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### sec.283ZZJ Particular applications—Brisbane core port land
This section applies to a development application, or change application, relating to—
development on strategic port land that becomes Brisbane core port land if—
the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and
the Port of Brisbane Corporation is—
if the application is a development application—the assessment manager for the application; or
if the application is a change application—the responsible entity for the application; or
development assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.
On the relevant day for the application—
the planning chief executive is taken to be, for the Planning Act —
if the application is a development application—the assessment manager for the application; or
if the application is a change application—the responsible entity for the application; and
the development assessment process stops for the application.
As soon as practicable after the relevant day for an application to which subsection (1) (a) applies, the port operator must give the application to the planning chief executive.
As soon as practicable after the relevant day for an application to which subsection (1) (b) applies, the assessment manager or responsible entity for the application must give the application to the planning chief executive.
The planning chief executive may, in writing, ask the port operator, assessment manager or responsible entity for any information or material about the application the planning chief executive reasonably requires to process and decide the application.
The port operator, assessment manager or responsible entity must comply with a request under subsection (5) within 10 business days after receiving the request.
On receiving the application, and any further information or material requested under subsection (5) , the planning chief executive must consider the application and the further information or material.
The development assessment process for the application starts again 20 business days after the later of the following—
the day the development assessment process stopped under subsection (2) (b) ;
the day the planning chief executive is given the application under subsection (4) .
Subject to this part, the Planning Act applies for processing and deciding the application.
Despite subsection (9) , the planning chief executive must assess the application against the matters that would have applied for the assessment before the relevant day for the application.
In this section—
change application does not include a change application for a minor change to a development approval, as defined in the Planning Act .
relevant day , for an application for land, means the day the land becomes Brisbane core port land.
s 283ZZJ ins 2010 No. 19 s 113
amd 2014 No. 43 s 117 sch 1 ; 2016 No. 27 s 589
(sec.283ZZJ-ssec.1) This section applies to a development application, or change application, relating to— development on strategic port land that becomes Brisbane core port land if— the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and the Port of Brisbane Corporation is— if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; or development assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.
(sec.283ZZJ-ssec.2) On the relevant day for the application— the planning chief executive is taken to be, for the Planning Act — if the application is a development application—the assessment manager for the application; or if the application is a change application—the responsible entity for the application; and the development assessment process stops for the application.
(sec.283ZZJ-ssec.3) As soon as practicable after the relevant day for an application to which subsection (1) (a) applies, the port operator must give the application to the planning chief executive.
(sec.283ZZJ-ssec.4) As soon as practicable after the relevant day for an application to which subsection (1) (b) applies, the assessment manager or responsible entity for the application must give the application to the planning chief executive.
(sec.283ZZJ-ssec.5) The planning chief executive may, in writing, ask the port operator, assessment manager or responsible entity for any information or material about the application the planning chief executive reasonably requires to process and decide the application.
(sec.283ZZJ-ssec.6) The port operator, assessment manager or responsible entity must comply with a request under subsection (5) within 10 business days after receiving the request.
(sec.283ZZJ-ssec.7) On receiving the application, and any further information or material requested under subsection (5) , the planning chief executive must consider the application and the further information or material.
(sec.283ZZJ-ssec.8) The development assessment process for the application starts again 20 business days after the later of the following— the day the development assessment process stopped under subsection (2) (b) ; the day the planning chief executive is given the application under subsection (4) .
(sec.283ZZJ-ssec.9) Subject to this part, the Planning Act applies for processing and deciding the application.
(sec.283ZZJ-ssec.10) Despite subsection (9) , the planning chief executive must assess the application against the matters that would have applied for the assessment before the relevant day for the application.
(sec.283ZZJ-ssec.11) In this section— change application does not include a change application for a minor change to a development approval, as defined in the Planning Act . relevant day , for an application for land, means the day the land becomes Brisbane core port land.
- (a) development on strategic port land that becomes Brisbane core port land if— (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or
- (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and
- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or
- (A) if the application is a development application—the assessment manager for the application; or
- (B) if the application is a change application—the responsible entity for the application; or
- (b) development assessed against a planning scheme if the land the subject of the application becomes Brisbane core port land before the application is finally decided.
- (i) the application was made but not decided under the Planning Act before the day the land becomes Brisbane core port land; and
- (ii) the Port of Brisbane Corporation is— (A) if the application is a development application—the assessment manager for the application; or (B) if the application is a change application—the responsible entity for the application; or
- (A) if the application is a development application—the assessment manager for the application; or
- (B) if the application is a change application—the responsible entity for the application; or
- (A) if the application is a development application—the assessment manager for the application; or
- (B) if the application is a change application—the responsible entity for the application; or
- (a) the planning chief executive is taken to be, for the Planning Act — (i) if the application is a development application—the assessment manager for the application; or (ii) if the application is a change application—the responsible entity for the application; and
- (i) if the application is a development application—the assessment manager for the application; or
- (ii) if the application is a change application—the responsible entity for the application; and
- (b) the development assessment process stops for the application.
- (i) if the application is a development application—the assessment manager for the application; or
- (ii) if the application is a change application—the responsible entity for the application; and
- (a) the day the development assessment process stopped under subsection (2) (b) ;
- (b) the day the planning chief executive is given the application under subsection (4) .