Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 95

95 Reminder notice requirement for lapsing

(1) Despite the Planning Act , chapter 3 , part 3 , division 3 and part 5 , division 4 and the condition, the approval only lapses if—

(a) the assessment manager has, under this section, given the owner of the building a reminder notice about the lapsing; and

(b) the time (the
"lapsing time" ) chosen by the assessment manager and stated in the reminder notice for the completion of the development or aspect has passed; and

(c) the development or aspect was not completed before the lapsing time.

(2) The lapsing time may be after, but must not be before, the condition time.

(3) The reminder notice must—

(a) be given no more than 6 months, but at least 3 months, before the lapsing time; and

(b) state each of the following—

(i) the condition;

(ii) the lapsing time;

(iii) that the approval will lapse unless the development or aspect is completed by the lapsing time;

(iv) that if, under the Planning Act , the currency period under the Planning Act , section 85 (1) for the building development approval is extended past the lapsing time stated in the notice the lapsing time will, under section 96 , be taken to be when the extended period ends.

(4) Only 1 reminder notice may be given under this section.

(5) Subject to section 96 , the assessment manager can not change the lapsing time.