Queensland Consolidated Acts

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QUEENSLAND HERITAGE ACT 1992 - SECT 55

55 When council is taken to have made decision

(1) This section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation.

(2) If the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register.

(3) If the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register.

(4) A decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation.

(5) In this section--

relevant period, for a heritage recommendation, means--

(a) 60 business days after the council receives the recommendation; or
(b) if the council and the owner of the place the subject of the recommendation have agreed, under section 52, to extend the day for making the decision on the recommendation--100 business days after the council receives the recommendation.


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