Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 242

242 Local government may revoke exemption

(1) This section applies if—

(a) a local government has, under section 237 , granted an applicant an exemption; and

(b) the local government is satisfied 1 or more of the following applies—

(i) the decision on the application for the exemption was based on a false or misleading particular given by the applicant;

(ii) the exemption has ended under section 241 ;

(iii) the exemption was subject to conditions and there has been a contravention of a condition.

(2) The local government must give the applicant a show cause notice inviting the applicant to show cause why the decision should not be revoked.

(3) After considering any representations made to it under the show cause notice, the local government may, by a further notice (a
"revocation notice" ) given to the applicant, revoke the decision previously given.

(4) The revocation notice must be, or be accompanied by, an information notice about the decision to give the notice and state—

(a) that the applicant must ensure the pool has, around the pool, barriers complying with the pool safety standard; and

(b) the day by which the applicant must comply with the notice.

Note—

For rights of appeal to a development tribunal, see the Planning Act , section 229 .

(5) The applicant must comply with the revocation notice.

Penalty—

Maximum penalty for subsection (5) —165 penalty units.

(6) If the applicant fails to comply with the revocation notice, the failure is taken to be a failure to take action under the Local Government Act 2009 , section 142 or the City of Brisbane Act 2010 , section 132 .

(7) In this section—

"show cause notice" means a show cause notice under section 247 (1) .