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Complaint for contravention of Integrated Planning Act and Land Act; complaints dismissed because the proceeding had not been started within the times limited by the applicable statutes.
Primary Judgment
[2007] QDC 342
21 Dec 2007
Appeal from dismissal of claim in Magistrates Court for alleged contraventions of Integrated Planning Act; claim brought out of time under s 68 Vegetation Management Act; offences in this case came to the knowledge of the complainant more than 12 months before the complaints were made, and accordingly the complaints were out of time; appeal dismissed: McGill SC DCJ.
Appeal Determined (QCA)
[2008] QCA 168 [2008] 2 Qd R 587; (2008) 185 A Crim R 492
20 Jun 2008
Leave to appeal granted and appeal dismissed with costs; leave to appeal DC decision dismissing appeal from MC dismissing claim as out of time; claim dealing with contravention of s 4.3.1 IPA by starting assessable development without a development licence; proceeding did not start within one year after the offence came to the complainant's knowledge under s 68(3): Holmes and Fraser JJA and Daubney J.
Appeal Status
Appeal Determined (QCA)
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