Queensland Consolidated Acts

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WATER ACT 2000 - SECT 27

27 Application to vary effect of moratorium notice

(1) Subsection (2) applies to an owner of land a moratorium notice affects if--

(a) the owner is completing works that had been started at the time the notice was published; and
(b) the works will not be completed by the day stated in the notice (the completion day); and
(c) the owner wishes to apply for an extension of the completion day.

(2) The owner--

(a) must stop construction of the works by the completion day; and
(b) may apply to the Minister for an extension of the completion day if--
(i) the works are substantially completed; or
(ii) the works will not be completed by the completion day because of a change in circumstances beyond the applicant's control including, for example, construction difficulties, extreme bad weather or the applicant's ill health.

(3) The application must--

(a) be in the approved form; and
(b) be accompanied by the prescribed fee; and
(c) be made before the completion day; and
(d) show that the works were started before the notice was published; and
(e) show the extent to which the works are completed and the extent to which the applicant anticipates the works will be completed by the completion day; and
(f) state the day by which the applicant anticipates the works will be completed; and
(g) if the works are not completed because of circumstances mentioned in subsection (2)(b)(ii)--state the circumstances.

(4) The Minister must refer the application to a referral panel established under section 1004A.

(5) When the Minister receives the referral panel's recommendation, the Minister must--

(a) decide the application, taking into account the panel's recommendation; and
(b) give the applicant notice of the decision; and
(c) publish the decision in the gazette.

(6) If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way--

(a) the completion day, for the works, is the day stated in the Minister's notice;
(b) the works may be completed to the extent stated in the notice.


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