sec.283ZZKParticular applications—balance port land or former Brisbane core port land

### sec.283ZZK Particular applications—balance port land or former Brisbane core port land This section applies to a development application, or change application, relating to— development on land that becomes balance port land if— the application was made but not decided under the Planning Act before the relevant day for the 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 on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP. On the relevant day for the land— if the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act 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 if the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, 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 the land, the former decision-maker for the application must give the application to the new decision-maker for the application. The new decision-maker may, in writing, ask the former decision-maker for any information or material about the application the new decision-maker reasonably requires to process and decide the application. The former decision-maker must comply with a request under subsection (4) within 10 business days after receiving the request. On receiving the application, and any further information or material requested under subsection (4) , the new decision-maker 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) (c) ; the day the new decision-maker is given the application under subsection (3) . Subject to this part, the Planning Act applies for processing and deciding the application. Despite subsection (8) , the new decision-maker must assess the application against the matters (including the former land use plan) that would have applied for the assessment before the relevant day for the land. 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 . former decision-maker means— for a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or for a development application or change application to which subsection (1) (b) applies—the planning chief executive. new decision-maker means— for a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or for a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application. relevant day means— for land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or otherwise—the day the land stops being Brisbane core port land. s 283ZZK ins 2010 No. 19 s 113 amd 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 590 (sec.283ZZK-ssec.1) This section applies to a development application, or change application, relating to— development on land that becomes balance port land if— the application was made but not decided under the Planning Act before the relevant day for the 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 on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP. (sec.283ZZK-ssec.2) On the relevant day for the land— if the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act 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 if the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, 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.283ZZK-ssec.3) As soon as practicable after the relevant day for the land, the former decision-maker for the application must give the application to the new decision-maker for the application. (sec.283ZZK-ssec.4) The new decision-maker may, in writing, ask the former decision-maker for any information or material about the application the new decision-maker reasonably requires to process and decide the application. (sec.283ZZK-ssec.5) The former decision-maker must comply with a request under subsection (4) within 10 business days after receiving the request. (sec.283ZZK-ssec.6) On receiving the application, and any further information or material requested under subsection (4) , the new decision-maker must consider the application and the further information or material. (sec.283ZZK-ssec.7) 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) (c) ; the day the new decision-maker is given the application under subsection (3) . (sec.283ZZK-ssec.8) Subject to this part, the Planning Act applies for processing and deciding the application. (sec.283ZZK-ssec.9) Despite subsection (8) , the new decision-maker must assess the application against the matters (including the former land use plan) that would have applied for the assessment before the relevant day for the land. (sec.283ZZK-ssec.10) 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 . former decision-maker means— for a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or for a development application or change application to which subsection (1) (b) applies—the planning chief executive. new decision-maker means— for a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or for a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application. relevant day means— for land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or otherwise—the day the land stops being Brisbane core port land. - (a) development on land that becomes balance port land if— (i) the application was made but not decided under the Planning Act before the relevant day for the 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 relevant day for the 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 on land that stops being Brisbane core port land if the development is assessable development for the Planning Act under the Brisbane port LUP. - (i) the application was made but not decided under the Planning Act before the relevant day for the 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) if the land is in the Northshore Hamilton urban development area under the Economic Development Act 2012 —MEDQ under that Act 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) if the land is not in the area mentioned in paragraph (a) —the local government for the area that adjoins the land, or in which the land is situated, 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 - (c) 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 - (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) (c) ; - (b) the day the new decision-maker is given the application under subsection (3) . - (a) for a development application or change application to which subsection (1) (a) applies—the Port of Brisbane Corporation; or - (b) for a development application or change application to which subsection (1) (b) applies—the planning chief executive. - (a) for a development application—the entity that, under subsection (2) (a) (i) or (b)(i), is taken to be the assessment manager for the application; or - (b) for a change application—the entity that, under subsection (2) (a) (ii) or (b)(ii), is taken to be the responsible entity for the application. - (a) for land that becomes balance port land—the day the land was declared to be balance port land under section 283J ; or - (b) otherwise—the day the land stops being Brisbane core port land.