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Extension to particular currency periods for Planning Act approvals

15 July 2020

#Planning, Environment & Sustainability, #COVID-19

Published by:

Andrew Magoffin

Extension to particular currency periods for Planning Act approvals

Since 19 March 2020, the Queensland Treasurer and Minister for Infrastructure and Planning has had particular powers under the Planning Act 2016 (Qld) (Planning Act) to respond to “applicable events” that the Minister considers may affect a State interest. One of those powers is to declare an applicable event. The following day, the Minister made such a declaration for the COVID-19 emergency and the declaration remains in effect today, following extensions to the applicable event period.

The amendments to the Planning Act that commenced on 19 March 2020 also empower the Minister to extend a period under the Planning Act for the doing of a thing if, because of the applicable event (COVID-19), the Minister is satisfied that an extension is necessary. The Minister may extend relevant periods under the Planning Act by publishing an “extension notice” on the department’s website.

On 8 July 2020, the Minister published an extension notice with effect from that date until 31 October 2020, unless extended prior. The extension notice applies to:

  • development approval and compliance permit currency periods under section 85 of the Planning Act (and for the equivalent transitional provisions relating to the currency period of approvals given under the repealed Sustainable Planning Act 2009 (Qld) (Repealed SPA))
  • the lapsing provisions of the Planning Act that operate when a development is not completed with any period required under a development condition (section 88), and the corresponding provisions dealing with the lapsing of development approvals under the Repealed SPA.

The extension notice applies to development approvals (and compliance permits) in effect on 8 July 2020 or which come into effect between 8 July 2020 and 31 October 2020. The example provided on the department’s website is as follows:

“A development approval that would have ordinarily lapsed on 1 August 2020 now won’t lapse until 1 February 2020.”

The extension notice does not apply to building development approvals for building work to demolish or remove a building or structure or rebuild, after removal, a building or structure.

Importantly, the extension notice also does not revive lapsed development approvals.

Author: Andrew Magoffin

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Andrew Magoffin

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