Queensland Consolidated Acts

PLANNING AND ENVIRONMENT COURT ACT 2016 - SECT 45

45 Who must prove case

(1) For a Planning Act appeal about any of the following matters, the appellant must establish the appeal should be upheld—

(a) an application or request under the Planning Act for which the appellant was the applicant or person making the request;

(b) a local government’s decision, or the conditions applied, under a local law about the use of premises or the erection of a building or other structure under the Planning Act ;

(c) an infrastructure charges notice, or a notice amending an infrastructure charges notice, under the Planning Act ;

(d) a decision by a tribunal;

(e) a decision of the Minister under chapter 7 , part 4 of the Planning Act .

(2) For a Planning Act appeal about a development application, or a change application under the Planning Act , by a submitter or advice agency, the applicant must establish the appeal should be dismissed.

(3) For a Planning Act appeal by the recipient of an enforcement notice under the Planning Act , the enforcement authority that gave the notice must establish the appeal should be dismissed.

(4) For a Planning Act appeal by an affected owner of a compensation claim under the Planning Act , section 32 the local government required to decide the claim for the compensation under that section must establish the appeal should be dismissed.

(5) In this section—

"advice agency" see the Planning Act , schedule 2 .