Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 1.4.5

1.4.5 Implied and uncommenced right to use premises protected

(1) Subsection (2) applies if--

(a) a development approval comes into effect for a development application; and
(b) when the application was properly made, a material change of use, for a use implied by the application, was self-assessable development or exempt development; and
(c) after the application was properly made, but before the use started, a new planning instrument, or an amendment of a planning instrument--
(i) declared the material change of use to be assessable development; or
(ii) changed an applicable code for the material change of use.

(2) The use is taken to be a lawful use in existence immediately before the commencement of the new planning instrument or amendment if--

(a) the development, the subject of the approval, is completed within the time stated for completion of the development in--
(i) a permit; or
(ii) this Act; and
(b) the use of the premises starts within 5 years after the completion.


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