During the height of the COVID-19 pandemic, the Queensland Government issued three “Extension Notices” pursuant to section 275R of the Planning Act 2016 (“the PA”).
Each of the “Extension Notices” applies to development approval and compliance permit currency periods under section 85 of the PA, section 299(2) or any other relevant provisions of the PA and to development approval periods of completion of development referenced in section 88, section 342 or any other relevant provision of the PA.
However, the relevant currency period or period of completion must be in effect at the times stated by each notice for the extension to apply to it.
The first “Extension Notice” took effect on 8 July 2020 and applies to all relevant currency periods and periods of completion which were in effect from 8 July 2020 to 31 October 2020. If this extension applies to your approval, it provides an extension of six months.
The second “Extension Notice” took effect on 1 September 2021 and applies to all relevant currency periods and periods of completion which were in effect from 1 September 2021 to 30 September 2021. If this extension applies to your approval, it provides an extension of six months.
The third “Extension Notice” took effect on 29 April 2022 and applies to all relevant currency periods and periods of completion which were in effect from 29 April 2022 to 24 June 2022. If this extension applies to your approval, if provides an extension of one year.
The extensions are cumulative, in that if one or more of the extensions apply to an approval, the approval will be extended by each applicable extension period. For example, if all three “Extension Notices” apply to the currency period of an approval, the currency period will be extended by two years in total.
When assessing whether any of the extensions apply to an approval, it is imperative to carefully check whether the relevant currency period and/or periods of completion were in effect at the times relevant to each “Extension Notice”.
Milne Legal can assist you in determining whether the “Extension Notices” apply to your approval.
Milne Legal provides advice and represents clients in relation to a range of town planning law matters. If you would like to get in touch, please contact our office on (07) 3210 0943 or email us at admin@milnelegal.com.au.
This publication is general in nature. Its content is current at the date of publication. It does not constitute legal advice and you should always seek legal advice based on your particular circumstances prior to making any decisions relating to matters covered by this publication. Certain details may have been sourced from external references, and we cannot assure the accuracy or timeliness of such information.