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Queensland
INTEGRATED PLANNING
AND OTHER LEGISLATION
AMENDMENT BILL 2001
Queensland
INTEGRATED PLANNING AND OTHER
LEGISLATION AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--AMENDMENT OF INTEGRATED PLANNING ACT 1997
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Amendment of s 1.1.2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Amendment of s 1.2.3 (What advancing this Act's purpose includes) . . . . . 17
6 Replacement of s 1.3.2 (Meaning of "development") . . . . . . . . . . . . . . . . . . 17
1.3.2 Meaning of "development" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Amendment of s 1.3.4 (Meaning of "lawful use") . . . . . . . . . . . . . . . . . . . . 17
8 Replacement of s 1.3.5 (Definitions for terms used in "development") . . . . 17
1.3.5 Definitions for terms used in "development". . . . . . . . . . . . . . . . . . . 18
9 Replacement of ch 1, pt 4 (Uses and rights) . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 4--EXISTING USES AND RIGHTS PROTECTED
1.4.1 Lawful uses of premises on 30 March 1998 . . . . . . . . . . . . . . . . . . . 20
1.4.2 Lawful uses of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . . . 20
1.4.3 Lawfully constructed buildings and works protected . . . . . . . . . . . . 20
1.4.4 New planning instruments can not affect existing development
approvals ......................................... 20
1.4.5 Implied and uncommenced right to use premises protected . . . . . . . 21
1.4.6 Strategic port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.4.7 State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1.4.8 Sch 8 may still apply to certain development . . . . . . . . . . . . . . . . . . 22
10 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . . . . . . . . . 22
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11 Insertion of new s 2.1.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2.1.3A Core matters for planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Insertion of new s 2.1.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2.1.7A When superseded planning scheme may apply . . . . . . . . . . . . . . . . . 24
13 Replacement of s 2.1.16 (Meaning of "planning scheme policy") . . . . . . . . 25
2.1.16 Meaning of "planning scheme policy" . . . . . . . . . . . . . . . . . . . . . . . 25
14 Amendment of s 2.1.18 (Adopting planning scheme policies in planning
schemes) ............................................... 25
15 Amendment of s 2.1.23 (Local planning instruments have force of law) . . . 26
16 Replacement of s 2.1.25 (Covenants not to be inconsistent with planning
schemes) ............................................... 26
2.1.25 Covenants not to conflict with planning schemes . . . . . . . . . . . . . . . 26
17 Amendment of s 2.2.1 (Local government must review planning scheme
every 6 years) ............................................ 26
18 Replacement of s 2.2.5 (Local government must review benchmark
development sequence annually) ............................. 27
2.2.5 Local government must review its priority infrastructure plan
every 4 years ....................................... 27
19 Omission of ch 2, pt 2, div 2 (Review by independent reviewer) . . . . . . . . . 27
20 Replacement of s 2.6.1 (Who may designate land). . . . . . . . . . . . . . . . . . . . 27
2.6.1 Who may designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21 Replacement of s 2.6.5 (How IDAS applies to designated land) . . . . . . . . . 28
2.6.5 How IDAS applies to designated land . . . . . . . . . . . . . . . . . . . . . . . . 28
22 Replacement of ss 2.6.7-2.6.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2.6.7 Matters the Minister must consider before designating land . 28
2.6.8 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2.6.9 Procedures if designation does not proceed. . . . . . . . . . . . . . . . . . . . 30
23 Amendment of s 2.6.12 (Designation of land by local governments). . . . . . 30
24 Amendment of s 2.6.15 (When designations do not cease) . . . . . . . . . . . . . 30
25 Replacement of s 2.6.19 (Request to acquire designated land under
hardship) .............................................. 31
2.6.19 Request to acquire designated land under hardship. . . . . . . . . . . . . . 31
26 Replacement of s 2.6.25 (Ministers may delegate certain administrative
powers about designations) ................................. 32
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2.6.25 Ministers may delegate certain administrative powers about
designations ....................................... 32
27 Replacement of ch 3 (Integrated development assessment system (IDAS)) . 32
CHAPTER 3--INTEGRATED DEVELOPMENT ASSESSMENT
SYSTEM (IDAS)
PART 1--PRELIMINARY
3.1.1 What is IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
3.1.2 Development under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
3.1.3 Code and impact assessment for assessable development . . . . . . . . . 33
3.1.4 When is a development permit necessary . . . . . . . . . . . . . . . . . . . . . 34
3.1.5 Approvals under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
3.1.6 Preliminary approval may override a local planning instrument . . . . 35
3.1.7 Assessment manager for development applications . . . . . . . . . . . . . 36
3.1.8 Referral agencies for development applications . . . . . . . . . . . . . . . . 38
3.1.9 Compliance assessor for requests for compliance assessment . . . . . 38
3.1.10 Codes under legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
3.1.11 Self-assessable development and codes. . . . . . . . . . . . . . . . . . . . . . . 39
3.1.12 Exempt development and codes or planning instruments . . . . . . . . . 39
3.1.13 Stages of IDAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
3.1.14 Native Title Act (Cwlth). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 2--APPLICATION STAGE
Division 1--Application process
3.2.1 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . . . 40
3.2.2 Applications for works involving material change of use . . . . . . . . . 42
3.2.3 Non-acceptance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
3.2.4 When applications must be endorsed as accepted . . . . . . . . . . . . . . . 43
Division 2--General matters about applications
3.2.5 Additional third party advice or comment . . . . . . . . . . . . . . . . . . . . . 43
3.2.6 Public scrutiny of applications and related material . . . . . . . . . . . . . 43
3.2.7 Changing an application (generally) . . . . . . . . . . . . . . . . . . . . . . . . . 44
3.2.8 Changing an application (that does not stop IDAS) . . . . . . . . . . . . . 45
3.2.9 Changing an application (that restarts IDAS for part of the
application) ........................................ 46
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3.2.10 Changing an application (that restarts IDAS completely) . . . . . . . . . 46
3.2.11 Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
3.2.12 Refunding fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3--End of application stage
3.2.13 When does application stage end. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 3--INFORMATION AND REFERRAL STAGE
Division 1--Preliminary
3.3.1 Purpose of information and referral stage . . . . . . . . . . . . . . . . . . . . . 48
3.3.2 When information and referral stage applies . . . . . . . . . . . . . . . . . . . 48
3.3.3 When can information and referral stage start. . . . . . . . . . . . . . . . . . 48
3.3.4 Referral agency responses before application is made . . . . . . . . . . . 49
Division 2--Information requests
3.3.5 Applicant gives material to referral agency . . . . . . . . . . . . . . . . . . . . 49
3.3.6 Applicant advises assessment manager . . . . . . . . . . . . . . . . . . . . . . . 50
3.3.7 Referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
3.3.8 Information requests to applicant (generally) . . . . . . . . . . . . . . . . . . 51
3.3.9 Information requests to applicant (referral coordination) . . . . . . . . . 52
3.3.10 Applicant responds to any information request . . . . . . . . . . . . . . . . . 53
3.3.11 Referral agency advises assessment manager of response . . . . . . . . 54
Division 3--Referral assistance
3.3.12 When referral assistance may be requested . . . . . . . . . . . . . . . . . . . . 55
3.3.13 Chief executive acknowledges receipt of referral assistance request 55
3.3.14 Chief executive may change information request . . . . . . . . . . . . . . . 55
3.3.15 Applicant may withdraw request for referral assistance . . . . . . . . . . 56
Division 4--Referral agency assessment
3.3.16 Referral agency assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . 56
3.3.17 Referral agency assesses application . . . . . . . . . . . . . . . . . . . . . . . . . 57
3.3.18 Referral agency's response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
3.3.19 How a concurrence agency may change its response . . . . . . . . . . . . 58
3.3.20 Concurrence agency's response powers. . . . . . . . . . . . . . . . . . . . . . . 58
3.3.21 Advice agency's response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
3.3.22 When does information and referral stage end . . . . . . . . . . . . . . . . . 60
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PART 4--NOTIFICATION STAGE
Division 1--Preliminary
3.4.1 Purpose of notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
3.4.2 When the notification stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . 61
3.4.3 When can the notification stage start . . . . . . . . . . . . . . . . . . . . . . . . . 62
3.4.4 When the application lapses if notification stage not started. . . . . . . 62
3.4.5 When the notification stage must be restarted . . . . . . . . . . . . . . . . . . 62
Division 2--Public notification
3.4.6 Public notice of applications to be given . . . . . . . . . . . . . . . . . . . . . . 63
3.4.7 Notification period for applications . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3.4.8 Requirements for certain notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3.4.9 Notice of compliance to be given to assessment manager. . . . . . . . . 65
3.4.10 Circumstances when applications may be assessed and decided
without certain requirements ......................... 66
3.4.11 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
3.4.12 Submissions made during notification period effective for later
notification period .................................. 67
Division 3--End of notification stage
3.4.13 When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 5--DECISION STAGE
Division 1--Preliminary
3.5.1 When does the decision stage start . . . . . . . . . . . . . . . . . . . . . . . . . . 68
3.5.2 Assessment necessary even if concurrence agency refuses
application ....................................... 68
Division 2--Assessment process
3.5.3 References in div 2 to codes, planning instruments, laws or policies 68
3.5.4 When assessment manager must not assess part of an application . . 68
3.5.5 Development requiring code assessment . . . . . . . . . . . . . . . . . . . . . . 69
3.5.6 Development requiring impact assessment or not requiring code
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
3.5.7 Assessment for s 3.1.6 preliminary approvals that override a local
planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
3.5.8 Assessment manager may give weight to later codes, planning
instruments, laws and policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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Division 3--Decision
3.5.9 Decision making period (generally) . . . . . . . . . . . . . . . . . . . . . . . . . 72
3.5.10 Decision making period (changed circumstances) . . . . . . . . . . . . . . 73
3.5.11 Applicant may stop decision making period to make representations 73
3.5.12 Applicant may stop decision making period to request chief
executive's assistance ............................... 74
3.5.13 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
3.5.14 Decision if development requires code assessment . . . . . . . . . . . . . . 75
3.5.15 Decision for development not requiring code assessment . . . . . . . . . 76
3.5.16 Decision if application under s 3.1.6 requires assessment. . . . . . . . . 77
3.5.17 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 4--Negotiated decision notices
3.5.18 Changing approvals during applicant's appeal period . . . . . . . . . . . . 79
3.5.19 Applicant may suspend applicant's appeal period . . . . . . . . . . . . . . . 81
3.5.20 When appeal period is automatically suspended . . . . . . . . . . . . . . . . 81
3.5.21 When balance of appeal period restarts . . . . . . . . . . . . . . . . . . . . . . . 81
3.5.22 When applicant's appeal period starts again . . . . . . . . . . . . . . . . . . . 81
Division 5--Approvals
3.5.23 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
3.5.24 When assessable development may start . . . . . . . . . . . . . . . . . . . . . . 82
3.5.25 When approval lapses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
3.5.26 Certain approvals to be recorded on planning scheme . . . . . . . . . . . 83
3.5.27 Approval attaches to land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 6--Conditions
3.5.28 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
3.5.29 Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . . . . . 84
3.5.30 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
3.5.31 Conditions that can not be imposed. . . . . . . . . . . . . . . . . . . . . . . . . . 85
3.5.32 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
3.5.33 Covenants not to be inconsistent with development approvals . . . . . 86
PART 6--CHANGING OR CANCELLING DEVELOPMENT
APPROVALS
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Division 1--Changing or cancelling development approval by application
3.6.1 Application to change or cancel a development approval . . . . . . . . . 87
3.6.2 Deciding entity must assess and decide application to change or
cancel a development approval .......................... 87
3.6.3 Deciding entity must give notice of decision. . . . . . . . . . . . . . . . . . . 89
3.6.4 Effect of notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 2--Changing or cancelling conditions of development approval
by assessment manager or concurrence agency
3.6.5 When conditions may be changed or cancelled by assessment
manager or concurrence agency .......................... 89
PART 7--COMPLIANCE STAGE
Division 1--Preliminary
3.7.1 Purpose of compliance stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
3.7.2 When compliance stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
3.7.3 What may be assessed for compliance . . . . . . . . . . . . . . . . . . . . . . . 92
3.7.4 When compliance stage starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 2--Compliance assessment
3.7.5 Process for compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 93
3.7.6 Regulation may prescribe additional requirements and actions . . . . 94
3.7.7 Effect of approvals under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
3.7.8 Approval of plan taken to be approval for other Acts . . . . . . . . . . . . 95
3.7.9 Codes for compliance assessment are not applicable codes . . . . . . . 95
PART 8--MINISTERIAL POWERS FOR DEVELOPMENT
APPLICATIONS AND APPROVALS
Division 1--Ministerial direction
3.8.1 When Ministerial direction may be given . . . . . . . . . . . . . . . . . . . . . 95
3.8.2 Notice of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
3.8.3 Effect of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Division 2--Ministerial call in powers (development application)
3.8.4 When a development application may be called in . . . . . . . . . . . . . . 96
3.8.5 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
3.8.6 Effect of call in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
3.8.7 Process if call in decision does not deal with all aspects of the
application ...................................... 98
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Division 3--Ministerial call in powers (changed or cancelled conditions)
3.8.8 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
3.8.9 When a change application may be called in. . . . . . . . . . . . . . . . . . . 99
3.8.10 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
3.8.11 Effect of call in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 4--Report to Parliament
3.8.12 Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
28 Insertion of new s 4.1.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
4.1.5A How court may deal with matters involving substantial compliance 101
29 Amendment of s 4.1.21 (Court may make declarations). . . . . . . . . . . . . . . . 102
30 Amendment of s 4.1.22 (Court may make orders about declarations) . . . . . 102
31 Amendment of s 4.1.23 (Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
32 Amendment of s 4.1.27 (Appeals by applicants) . . . . . . . . . . . . . . . . . . . . . 103
33 Replacement of s 4.1.28 (Appeals by submitters). . . . . . . . . . . . . . . . . . . . . 103
4.1.28 Appeals by submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
34 Amendment of s 4.1.29 (Appeals by advice agency submitters) . . . . . . . . . 104
35 Replacement of ss 4.1.30-4.1.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
4.1.30 Appeals for matters arising after approval given (co-respondents) . . 105
Division 9--Appeals to court about other matters
4.1.31 Appeals for matters arising after approval given (no co-respondents) 105
36 Amendment of s 4.1.33 (Stay of operation of enforcement notice) . . . . . . . 106
37 Amendment of s 4.1.40 (Certain appellants must obtain information
about submitters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
38 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8)) . . . . . . . 106
4.1.41 Notice of appeal to other parties (div 8) . . . . . . . . . . . . . . . . . . . . . . 107
39 Replacement of s 4.1.43 (Respondent and co-respondents for appeals
under div 8) ............................................. 108
4.1.43 Respondent and co-respondents for appeals under div 8. . . . . . . . . . 108
40 Replacement of s 4.1.45 (How a person may elect to be co-respondent) . . . 108
4.1.45 How an entity may elect to be a co-respondent . . . . . . . . . . . . . . . . . 109
41 Amendment of s 4.1.52 (Appeal by way of hearing anew). . . . . . . . . . . . . . 109
42 Omission of s 4.1.53 (Court may decide appeal even if particular
requirements not complied with) .............................. 109
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43 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . . . . . . . . . 109
44 Insertion of new s 4.2.9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
4.2.9A Appeals by persons requesting compliance assessment . . . . . . . . . . 110
45 Replacement of ss 4.2.10 and 4.2.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
4.2.10 Appeals by compliance assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
4.2.11 Appeals for matters arising after approval given (co-respondents) . . 110
46 Replacement of s 4.2.12 (Appeals for matters arising after approval given (no co-
respondents)) .............................................. 111
4.2.12 Appeals for matters arising after approval given (no co-
respondents) .................................... 111
47 Amendment of s 4.2.14 (Stay of operation of enforcement notice) . . . . . . . 111
48 Replacement of ss 4.2.17 and 4.2.18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
4.2.17 Notice of appeal to other parties (div 3) . . . . . . . . . . . . . . . . . . . . . . 112
4.2.18 Notice of appeal to other parties (div 4) . . . . . . . . . . . . . . . . . . . . . . 113
49 Replacement of s 4.2.33 (Matters the tribunal may consider in making a
decision) ................................................ 113
4.2.33 Matters the tribunal may consider in making a decision . . . . . . . . . . 113
50 Amendment of s 4.2.34 (Appeal decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 113
51 Replacement of s 4.2.35A (Notice of compliance) . . . . . . . . . . . . . . . . . . . . 114
4.2.35A Notice of compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
52 Omission of s 4.3.2A (Certain assessable development must comply with
codes) .................................................... 114
53 Insertion of new s 4.3.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
4.3.4A Offences relating to compliance assessment . . . . . . . . . . . . . . . . . . . 114
54 Replacement of s 4.3.5 (Carrying on unlawful use of premises) . . . . . . . . . 115
4.3.5 Offences about the use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . 115
55 Amendment of s 4.3.8 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . 115
56 Amendment of s 4.3.11 (Giving enforcement notice). . . . . . . . . . . . . . . . . . 116
57 Amendment of s 4.3.13 (Specific requirements of enforcement notice). . . . 116
58 Replacement of s 4.3.16 (Processing application required by enforcement
notice) ................................................... 116
4.3.16 Processing application or request required by enforcement notice . . 116
59 Replacement of ch 5, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
PART 1--INFRASTRUCTURE PLANNING AND FUNDING
10
Integrated Planning and Other Legislation
Amendment Bill 2001
Division 1--Non-trunk infrastructure
5.1.1 Conditions local governments may impose for non-trunk
infrastructure ...................................... 117
Division 2--Trunk infrastructure
5.1.2 Priority infrastructure plans for trunk infrastructure . . . . . . . . . . . . . 117
5.1.3 Funding trunk infrastructure for certain local governments . . . . . . . 117
Division 3--Trunk infrastructure funding under an infrastructure
charges schedule
5.1.4 Making or amending infrastructure charges schedules . . . . . . . . . . . 118
5.1.5 Key elements of an infrastructure charges schedule . . . . . . . . . . . . . 119
5.1.6 Infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
5.1.7 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
5.1.8 When infrastructure charges are payable. . . . . . . . . . . . . . . . . . . . . . 121
5.1.9 Agreements about, and alternatives to, paying infrastructure charges 121
5.1.10 Local government may supply different trunk infrastructure to that
identified in an infrastructure charges schedule. . . . . . . . . . . . . . . . . 122
5.1.11 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . . . . 123
Division 4--Trunk infrastructure funding under an infrastructure
payments schedule
5.1.12 Making or amending infrastructure payments schedules . . . . . . . . . 123
5.1.13 Key elements of an infrastructure payments schedule. . . . . . . . . . . . 123
5.1.14 Infrastructure payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
5.1.15 Imposing conditions for infrastructure payments . . . . . . . . . . . . . . . 124
5.1.16 When payment must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
5.1.17 Agreements about, and alternatives to, making infrastructure
payments ........................................ 126
5.1.18 Local government may supply different trunk infrastructure to that
identified in an infrastructure payments schedule . . . . . . . . . . . . . . . 127
Division 5--Conditions local governments may impose for additional
infrastructure costs
5.1.19 Conditions local governments may impose for additional
infrastructure costs ................................... 127
5.1.20 Local government additional trunk infrastructure costs in priority
infrastructure areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
11
Integrated Planning and Other Legislation
Amendment Bill 2001
5.1.21 Local government additional trunk infrastructure costs outside
priority infrastructure areas ........................... 129
Division 6--Miscellaneous
5.1.22 Agreements for infrastructure partnerships . . . . . . . . . . . . . . . . . . . . 130
5.1.23 Public notice of proposed sale of certain land held in trust by
local governments .................................... 130
5.1.24 Local government to consider all submissions . . . . . . . . . . . . . . . . . 131
5.1.25 Sale extinguishes the trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
60 Replacement of s 5.2.1 (Meaning of "infrastructure agreement") . . . . . . . . 131
5.2.1 Meaning of "infrastructure agreement" . . . . . . . . . . . . . . . . . . . . . . . 131
61 Omission of s 5.2.2 (Agreements may be entered into about infrastructure) 132
62 Amendment of s 5.3.5 (Private certifier may decide certain development
applications and inspect and certify certain works) . . . . . . . . . . . . . . . . . . . 132
63 Amendment of s 5.4.2 (Compensation for reduced value of interest in land) 133
64 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2
and 5.4.3) ............................................... 133
65 Amendment of s 5.7.2 (Documents local government must keep
available for inspection and purchase) ......................... 134
66 Amendment of s 5.7.4 (Documents assessment manager must keep
available for inspection and purchase) ......................... 135
67 Amendment of s 5.7.5 (Documents assessment manager must keep
available for inspection only) ................................ 135
68 Amendment of s 5.7.6 (Documents chief executive must keep
available for inspection and purchase) ......................... 135
69 Amendment of s 5.7.7 (Documents chief executive must keep
available for inspection only) ............................... 136
70 Replacement of s 5.7.9 (Limited planning and development certificates) . . 136
5.7.9 Limited planning and development certificates . . . . . . . . . . . . . . . . . 137
71 Amendment of s 5.7.10 (Standard planning and development certificates) . 137
72 Insertion of new ch 5, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 7A--ENVIRONMENTAL IMPACT STATEMENTS
Division 1--Preliminary
5.7A.1 When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
5.7A.2 Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Division 2--EIS process
12
Integrated Planning and Other Legislation
Amendment Bill 2001
5.7A.3 Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
5.7A.4 Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
5.7A.5 Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
5.7A.6 Preparation of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
5.7A.7 Public notification of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
5.7A.8 Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
5.7A.9 Chief executive evaluates draft EIS, submissions and other
relevant material ..................................... 144
5.7A.10 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
5.7A.11 Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
5.7A.12 Required content of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
5.7A.13 Who the chief executive must give EIS and other material to. . . . . 146
Division 3--How EIS process affects IDAS
5.7A.14 How IDAS applies for development the subject of an EIS . . . . . . . 146
Division 4--How EIS process affects designation
5.7A.15 Matters a designator must consider . . . . . . . . . . . . . . . . . . . . . . . . . 147
73 Amendment of s 5.8.2 (Regulation-making power) . . . . . . . . . . . . . . . . . . . 147
74 Amendment of s 5.8.4 (Application of Judicial Review Act 1991) . . . . . . . 147
75 Insertion of new s 5.8.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
5.8.8 Chief executive may issue guidelines . . . . . . . . . . . . . . . . . . . . . . . . 148
76 Amendment of s 6.1.28 (IDAS must be used for processing applications) . 149
77 Amendment of s 6.1.29 (Assessing applications (other than against the
Standard Building Regulation)) ............................... 149
78 Amendment of s 6.1.31 (Conditions about infrastructure for applications) . 149
79 Replacement of s 6.1.35C (Applications requiring referral coordination) . . 150
6.1.35C Future effect of approvals for applications mentioned in s 3.1.6. . . 150
80 Omission of s 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain circumstances) 151
81 Replacement of ch 6, pt 2 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
PART 2--TRANSITIONAL PROVISIONS FOR INTEGRATED
PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001
6.2.1 Transitional provisions for infrastructure charges plans . . . . . . . . . . 151
6.2.2 References to operational work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
13
Integrated Planning and Other Legislation
Amendment Bill 2001
82 Amendment of sch 1 (Process for making or amending planning schemes) 152
83 Omission of schs 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
84 Replacement of sch 8 (Assessable, self-assessable and exempt development) 153
SCHEDULE 8
ASSESSABLE AND SELF-ASSESSABLE DEVELOPMENT
SCHEDULE 9
DEVELOPMENT THAT IS EXEMPT DEVELOPMENT FOR A
PLANNING SCHEME
85 Replacement of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
SCHEDULE 10
DICTIONARY
PART 3--AMENDMENT OF BUILDING ACT 1975
86 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
87 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
88 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
46A Fees for statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
PART 4--AMENDMENT OF ELECTRICITY ACT 1994
89 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
90 Omission of ch 4, pt 4, div 4A (Inapplicability of planning schemes in
relation to particular transmission entity operating works). . . . . . . . . . . . . . 181
91 Insertion of new s 112A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
112A Clearing native vegetation for operating works on freehold land . . . 182
92 Insertion of new ch 14, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
PART 4--TRANSITIONAL PROVISION FOR INTEGRATED
PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001
304 Application of Acts Interpretation Act, s 20 . . . . . . . . . . . . . . . . . . . 182
PART 5-- AMENDMENT OF LOCAL GOVERNMENT AND
OTHER LEGISLATION AMENDMENT ACT 2000
93 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
94 Omission of s 62 (Amendment of s 5.3.5 of Act No. 69 of 1997) . . . . . . . . 183
PART 6--AMENDMENT OF SEWERAGE AND WATER SUPPLY
ACT 1949
95 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
96 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
14
Integrated Planning and Other Legislation
Amendment Bill 2001
PART 7-- AMENDMENT OF WATER ACT 2000
97 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
98 Amendment of s 492 (Changing safety conditions) . . . . . . . . . . . . . . . . . . . 184
99 Amendment of schedule 2 (Amendments about planning matters) . . . . . . . 184
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 185
MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997
2001
A BILL
FOR
An Act to amend legislation about integrated planning, and for other
purposes
s1 16 s4
Integrated Planning and Other Legislation
Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Integrated Planning and Other Legislation 4
Amendment Act 2001. 5
2 Commencement
Clause 6
(1) Sections 19, 62, 86, 88 and part 5 commence on assent. 7
(2) The remaining provisions of this Act commence on a day to be fixed 8
by proclamation. 9
(3) The Acts Interpretation Act 1954, section 15DA,1 does not apply to 10
this Act. 11
PART 2--AMENDMENT OF INTEGRATED PLANNING 12
ACT 1997 13
3 Act amended in pt 2
Clause 14
This part and the schedule amend the Integrated Planning Act 1997. 15
4 Amendment of s 1.1.2 (Commencement)
Clause 16
Section 1.1.2(2)-- 17
omit. 18
1 Acts Interpretation Act 1954, section 15DA (Automatic commencement of
postponed law)
s5 17 s8
Integrated Planning and Other Legislation
Amendment Bill 2001
5 Amendment of s 1.2.3 (What advancing this Act's purpose 1
includes)
Clause 2
Section 1.2.3(2)-- 3
omit, insert-- 4
`(2) For subsection (1)(a)(iii), the precautionary principle is the principle 5
that lack of full scientific certainty should not be used as a reason for 6
postponing a measure to prevent degradation of the environment if there 7
are threats of serious or irreversible environmental damage.'. 8
6 Replacement of s 1.3.2 (Meaning of "development")
Clause 9
Section 1.3.2-- 10
omit, insert-- 11
`1.3.2 Meaning of "development" 12
` "Development" is any of the following-- 13
(a) carrying out work; 14
(b) reconfiguring a lot; 15
(c) making a material change of use of premises.'. 16
7 Amendment of s 1.3.4 (Meaning of "lawful use")
Clause 17
(1) Section 1.3.4, heading, at the end-- 18
insert-- 19
`and "use" '. 20
(2) Section 1.3.4-- 21
insert-- 22
`(2) "Use", of premises, includes any ancillary use of the premises.'. 23
8 Replacement of s 1.3.5 (Definitions for terms used in 24
"development")
Clause 25
Section 1.3.5-- 26
omit, insert-- 27
s8 18 s8
Integrated Planning and Other Legislation
Amendment Bill 2001
`1.3.5 Definitions for terms used in "development" 1
`In this Act-- 2
"lot" means-- 3
(a) a lot under the Land Title Act 1994;2 or 4
(b) a separate, distinct parcel of land for which an interest is 5
recorded in a register under the Land Act 1994; or 6
(c) common property for a community titles scheme under the Body 7
Corporate and Community Management Act 1997; or 8
(d) a lot or common property to which the Building Units and Group 9
Titles Act 1980 continues to apply;3 or 10
(e) a community or precinct thoroughfare under the Mixed Use 11
Development Act 1993; or 12
(f) a primary or secondary thoroughfare under the Integrated Resort 13
Development Act 1987 or the Sanctuary Cove Resort Act 1985. 14
"material change of use", of premises, means-- 15
(a) the start of a new use of the premises; or 16
(b) the re-establishment on the premises of a use that has been 17
abandoned; or 18
(c) a material increase in the intensity or scale of the use of the 19
premises. 20
2 Land Title Act 1994, schedule 2--
"lot" means a separate, distinct parcel of land created on--
(a) the registration of a plan of subdivision; or
(b) the recording of particulars of an instrument;
and includes a lot under the Building Units and Group Titles Act 1980.
3 The Building Units and Group Titles Act 1980 may continue to apply to the
following Acts--
(a) the Integrated Resort Development Act 1987;
(b) the Mixed Use Development Act 1993;
(c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act
1980;
(d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited)
Enabling Act 1984;
(e) the Sanctuary Cove Resort Act 1985.
s8 19 s8
Integrated Planning and Other Legislation
Amendment Bill 2001
"reconfiguring a lot" means-- 1
(a) creating lots by subdividing another lot; or 2
(b) amalgamating 2 or more lots; or 3
(c) rearranging the boundaries of a lot by registering a plan of 4
subdivision; or 5
(d) dividing land into parts by agreement (other than a lease for a 6
term, including renewal options, not exceeding 10 years) 7
rendering different parts of a lot immediately available for 8
separate disposition or separate occupation; or 9
(e) creating an easement giving access to a lot from a constructed 10
road. 11
"work"-- 12
1. "Work" includes each of the following-- 13
(a) building work; 14
(b) plumbing work; 15
(c) drainage work; 16
(d) excavating or filling premises; 17
(e) extracting clay, gravel, rock, sand, soil or other material 18
from the place where it occurs naturally or from other 19
premises; 20
(f) operations of any kind and all things constructed or installed 21
that allow taking, or interfering with, water (other than 22
using a water truck to pump water) under the Water Act 23
2000; 24
(g) subject to item 2(b), placing an advertising device on 25
premises; 26
(h) conducting a forest practice; 27
(i) clearing vegetation on freehold land. 28
2. The term does not include-- 29
(a) clearing vegetation, other than on freehold land; or 30
(b) placing a temporary advertising device on premises.'. 31
s9 20 s9
Integrated Planning and Other Legislation
Amendment Bill 2001
9 Replacement of ch 1, pt 4 (Uses and rights)
Clause 1
Chapter 1, part 4-- 2
omit, insert-- 3
`PART 4--EXISTING USES AND RIGHTS PROTECTED 4
`1.4.1 Lawful uses of premises on 30 March 1998 5
`To the extent an existing use of premises was lawful immediately before 6
30 March 1998, the use is taken to be a lawful use under this Act on 7
30 March 1998. 8
`1.4.2 Lawful uses of premises protected 9
`(1) Subsection (2) applies if immediately before the commencement of 10
a planning instrument or an amendment of a planning instrument the use of 11
premises was a lawful use of the premises. 12
`(2) Neither the instrument nor the amendment can-- 13
(a) stop the use from continuing; or 14
(b) further regulate the use; or 15
(c) require the use to be changed. 16
`1.4.3 Lawfully constructed buildings and works protected 17
`To the extent a building or other work has been lawfully constructed or 18
effected, neither a planning instrument nor an amendment of a planning 19
instrument can require the building or work to be altered or removed. 20
`1.4.4 New planning instruments can not affect existing development 21
approvals 22
`(1) This section applies if-- 23
(a) a development approval exists for premises; and 24
(b) after the approval is given, a new planning instrument or an 25
amendment of a planning instrument commences. 26
s9 21 s9
Integrated Planning and Other Legislation
Amendment Bill 2001
`(2) To the extent the approval has not lapsed,4 neither the planning 1
instrument nor the amendment can stop or further regulate the 2
development, or otherwise affect the approval. 3
`1.4.5 Implied and uncommenced right to use premises protected 4
`(1) Subsection (2) applies if-- 5
(a) a development approval comes into effect for a development 6
application or an approval is given under section 3.7.5; and 7
(b) when the application was properly made, or the approval was 8
requested, a material change of use, for a use implied by the 9
application, was self-assessable development or exempt 10
development; and 11
(c) after the application was properly made, or the approval was 12
requested, but before the use started, a new planning instrument, 13
or an amendment of a planning instrument-- 14
(i) declared the material change of use to be assessable 15
development; or 16
(ii) changed an applicable code for the material change of use. 17
`(2) The use is taken to be a lawful use in existence immediately before 18
the commencement of the new planning instrument or amendment if-- 19
(a) the development, the subject of the approval, is completed within 20
the time stated for completion of the development in-- 21
(i) a permit; or 22
(ii) this Act; and 23
(b) the use of the premises starts within 5 years after the completion. 24
`1.4.6 Strategic port land 25
`Sections 1.4.1 and 1.4.3 apply to lawful uses of, and buildings and other 26
works lawfully constructed on, strategic port land as if a reference to 27
30 March 1998 were a reference to 1 December 2000. 28
4 For when approvals lapse, see section 3.5.25 (When approval lapses).
s 10 22 s 11
Integrated Planning and Other Legislation
Amendment Bill 2001
`1.4.7 State forests 1
`For this Act, each of the following are lawful uses of a State forest-- 2
(a) conservation; 3
(b) conducting a forest practice; 4
(c) grazing; 5
(d) recreation. 6
`1.4.8 Sch 8 may still apply to certain development 7
`Nothing in this part stops development in relation to a lawful use being 8
assessable or self-assessable development under schedule 8 if the 9
development starts after schedule 8 starts to apply to it.'. 10
10 Amendment of s 2.1.3 (Key elements of planning schemes)
Clause 11
Section 2.1.3(1)(d) and (e)-- 12
omit, insert-- 13
`(d) includes a priority infrastructure plan.5'. 14
11 Insertion of new s 2.1.3A
Clause 15
After section 2.1.3-- 16
insert-- 17
`2.1.3A Core matters for planning schemes 18
`(1) Each of the following are "core matters" for the preparation of a 19
planning scheme-- 20
(a) land use and development; 21
(b) infrastructure;6 22
5 For the contents of a priority infrastructure plan, see schedule 10, definition "priority
infrastructure plan".
Other legislation also requires local governments to note certain matters on planning
schemes, for example, the Mineral Resources Act 1989, section 319 requires a local
government to note on its planning scheme the existence of certain mining tenures.
6 The term "infrastructure" is defined in schedule 10 (Dictionary).
s 11 23 s 11
Integrated Planning and Other Legislation
Amendment Bill 2001
(c) valuable features. 1
`(2) In subsection (1)(a)-- 2
"land use and development" includes each of the following-- 3
(a) the location of, and the relationships between, various land uses; 4
(b) the effects of land use and development; 5
(c) how mobility between places is facilitated; 6
(d) accessibility to areas; 7
(e) development constraints (including, but not limited to, 8
population and demographic impacts). 9
`(3) In subsection (1)(b)-- 10
"infrastructure" includes the extent and location of proposed 11
infrastructure, having regard to existing infrastructure networks, their 12
capacities and thresholds for augmentation. 13
`(4) In subsection (1)(c)-- 14
"valuable features" includes each of the following, whether terrestrial or 15
aquatic-- 16
(a) resources or areas that are of ecological significance (such as 17
habitats, wildlife corridors, buffer zones, places supporting 18
biological diversity or resilience, and features contributing to the 19
quality of air, water (including catchments or recharge areas) and 20
soil); 21
(b) areas contributing significantly to amenity (such as areas of high 22
scenic value, physical features that form significant visual 23
backdrops or that frame or define places or localities, and 24
attractive built environments); 25
(c) areas or places of cultural heritage significance (such as areas or 26
places of indigenous cultural significance, or aesthetic, 27
architectural, historical, scientific, social or technological 28
significance, to the present generation or past or future 29
generations); 30
(d) resources or areas of economic value (such as extractive deposits, 31
fishery resources, forestry resources, water resources, sources of 32
renewable and non-renewable energy and good quality 33
agricultural land).'. 34
s 12 24 s 12
Integrated Planning and Other Legislation
Amendment Bill 2001
12 Insertion of new s 2.1.7A
Clause 1
After section 2.1.7-- 2
insert-- 3
`2.1.7A When superseded planning scheme may apply 4
`(1) Despite section 2.1.7, a person may ask a local government to apply 5
a superseded planning scheme to premises for-- 6
(a) carrying out particular assessable development that was exempt 7
or self-assessable under the superseded planning scheme; or 8
(b) assessing and deciding a proposed development application 9
(superseded planning scheme) for particular assessable 10
development. 11
`(2) Subsection (1) applies only if the request is-- 12
(a) in the approved form; and 13
(b) accompanied by the fee fixed by resolution of the local 14
government; and 15
(c) made within 2 years after-- 16
(i) the planning scheme, or planning scheme policy, creating 17
the superseded planning scheme was adopted; or 18
(ii) the amendment creating the superseded planning scheme 19
was adopted. 20
`(3) The local government must keep the request available for inspection 21
and purchase from the time the local government receives the request until 22
the request is decided or subsection (9) applies. 23
`(4) The local government must decide the request within 20 business 24
days after the local government receives the request. 25
`(5) The local government may, by written notice given to the person 26
making the request and without the person's agreement, extend the period 27
mentioned in subsection (4) by not more than 10 business days. 28
`(6) Only 1 notice may be given under subsection (5) and it must be 29
given before the period ends. 30
`(7) In deciding the request, the local government must decide to-- 31
(a) agree to the request; or 32
s 13 25 s 14
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) refuse the request. 1
`(8) The local government must, within 5 business days after making its 2
decision, give the person written notice of the decision. 3
`(9) If the local government does not decide the request within the period 4
mentioned in subsection (4) or the extended period mentioned in 5
subsection (5), the local government is taken to have agreed to the request. 6
`(10) If a request made under subsection (1)(a) is agreed to, or is taken to 7
have been agreed to,7 the superseded planning scheme applies for carrying 8
out the development if the development is substantially started within-- 9
(a) if the development is a material change of use--4 years after the 10
person is given, or should have been given, notice of the local 11
government's decision; or 12
(b) if paragraph (a) does not apply--2 years after the person is given, 13
or should have been given, notice of the local government's 14
decision.'. 15
13 Replacement of s 2.1.16 (Meaning of "planning scheme policy")
Clause 16
Section 2.1.16-- 17
omit, insert-- 18
`2.1.16 Meaning of "planning scheme policy" 19
`A "planning scheme policy" is an instrument that-- 20
(a) supports the local dimension of a planning scheme by providing 21
guidance about the exercise of discretion under the dimension; 22
and 23
(b) is made by a local government under this division.8'. 24
14 Amendment of s 2.1.18 (Adopting planning scheme policies in 25
planning schemes)
Clause 26
Section 2.1.18-- 27
7 If subsection (10) does not apply to a decision about a request, a development
application (superseded planning scheme) may be made.
8 The Minister also may make a planning scheme policy if the local government fails
to comply with a direction under section 2.3.2.
s 15 26 s 17
Integrated Planning and Other Legislation
Amendment Bill 2001
insert-- 1
`(2) A planning scheme policy must not apply, adopt or incorporate 2
another document prepared by the local government.'. 3
15 Amendment of s 2.1.23 (Local planning instruments have force of 4
law)
Clause 5
Section 2.1.23(4)-- 6
omit, insert-- 7
`(4) A planning scheme policy can not-- 8
(a) declare development to be self-assessable or assessable; or 9
(b) declare development to be impact or code assessable; or 10
(c) regulate development on, or the use of, premises by, for 11
example-- 12
(i) including a process about development or use; or 13
(ii) imposing mandatory rules about development or use; or 14
(d) regulate an activity not mentioned in paragraph (c).'. 15
16 Replacement of s 2.1.25 (Covenants not to be inconsistent with 16
planning schemes)
Clause 17
Section 2.1.25-- 18
omit, insert-- 19
`2.1.25 Covenants not to conflict with planning schemes 20
`Subject to section 3.5.33, a covenant under the Land Act 1994, 21
section 373A(4) or the Land Title Act 1994, section 97A(3)(a) or (b) is of 22
no effect to the extent it conflicts with a planning scheme-- 23
(a) for the land subject to the covenant; and 24
(b) in effect when the document creating the covenant is registered.'. 25
17 Amendment of s 2.2.1 (Local government must review planning 26
scheme every 6 years)
Clause 27
(1) Section 2.2.1, heading, `6'-- 28
s 18 27 s 20
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`8'. 2
(2) Section 2.2.1(1)(a) and (b), `6'-- 3
omit, insert-- 4
`8'. 5
18 Replacement of s 2.2.5 (Local government must review 6
benchmark development sequence annually)
Clause 7
Section 2.2.5-- 8
omit, insert-- 9
`2.2.5 Local government must review its priority infrastructure plan 10
every 4 years 11
`(1) Each local government prescribed under a regulation must review 12
its priority infrastructure plan at least once every 4 years. 13
`(2) The review must be conducted in consultation with the State 14
agencies that participated in the preparation of the plan. 15
`(3) However, before consulting with the State agencies, the local 16
government must assess the factors affecting the plan since the last review 17
and advise the agencies of any proposed amendments to the plan.'. 18
19 Omission of ch 2, pt 2, div 2 (Review by independent reviewer)
Clause 19
Chapter 2, part 2, division 2-- 20
omit. 21
20 Replacement of s 2.6.1 (Who may designate land)
Clause 22
Section 2.6.1-- 23
omit, insert-- 24
`2.6.1 Who may designate land 25
`A Minister or a local government (a "designator") may, under this 26
part, designate land for community infrastructure.9'. 27
s 21 28 s 22
Integrated Planning and Other Legislation
Amendment Bill 2001
21 Replacement of s 2.6.5 (How IDAS applies to designated land)
Clause 1
Section 2.6.5-- 2
omit, insert-- 3
`2.6.5 How IDAS applies to designated land 4
`Development under a designation is exempt development, to the extent 5
the development is either, or both, of the following-- 6
(a) self-assessable development or assessable development under a 7
planning scheme; 8
(b) the reconfiguration of a lot.'. 9
22 Replacement of ss 2.6.7-2.6.9
Clause 10
Sections 2.6.7 to 2.6.9-- 11
omit, insert-- 12
`2.6.7 Matters the Minister must consider before designating 13
land 14
`(1) Before designating land, the Minister must be satisfied that, for the 15
development, the subject of the proposed designation-- 16
(a) adequate environmental assessment has been carried out under 17
section 1.2.3;10 and 18
(b) in carrying out environmental assessment under paragraph (a), 19
there was adequate public consultation; and 20
(c) adequate account has been taken of issues raised during the 21
public consultation. 22
`(2) The Minister must also consider every properly made submission 23
under subsection (4). 24
`(3) For subsection (1)(b), adequate consultation has been carried out 25
if-- 26
9 In this part, "Minister" includes any Minister of the Crown. See definition
"Minister" in schedule 10 (Dictionary).
10 See also section 1.2.2 (Advancing Act's purpose).
s 22 29 s 22
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) the consultation has been carried out in accordance with 1
guidelines made by the chief executive under section 5.8.8 for 2
assessing the impacts of the development; or 3
(b) the process under chapter 3, part 4, has been completed for a 4
development application for the community infrastructure to 5
which the designation relates; or 6
(c) the process under chapter 5, part 7A, division 2, has been 7
completed for an EIS for development for the community 8
infrastructure; or 9
(d) the process under schedule 1, section 12, has been carried out for 10
a planning scheme, or an amendment of a planning scheme, that 11
includes the community infrastructure; or 12
(e) the coordinator-general has, under the State Development and 13
Public Works Organisation Act 1971, section 35,11 prepared a 14
report evaluating an EIS for development for the community 15
infrastructure; or 16
(f) the process under the Environmental Protection Act 1994, 17
chapter 3, part 112 has been completed for an EIS for 18
development for the community infrastructure. 19
`(4) However, if written notice of the proposed designation has not been 20
given to each of the following entities about an action mentioned in 21
subsection (3), the Minister must give written notice of the proposed 22
designation to the entities inviting submissions about the proposed 23
designation-- 24
(a) the owner of any land to which the proposed designation applies; 25
(b) each local government the Minister is satisfied the designation 26
affects. 27
`(5) A notice given under subsection (4) must give the entities not less 28
than 15 business days to make a submission. 29
11 State Development and Public Works Organisation Act 1971, section 35
(Coordinator-General evaluates EIS, submissions, other material and prepares
report)
12 Environmental Protection Act 1994, chapter 3 (Environmental impact statements),
part 1 (EIS process)
s 23 30 s 24
Integrated Planning and Other Legislation
Amendment Bill 2001
`2.6.8 Procedures after designation 1
`(1) If the Minister designates land, the Minister must give a notice to-- 2
(a) each owner of the land; and 3
(b) each local government given a notice under section 2.6.7(4)(b). 4
`(2) The notice must state each of the following-- 5
(a) the designation has been made; 6
(b) the description of the land; 7
(c) the type of community infrastructure for which the land has been 8
designated; 9
(d) any matters mentioned in section 2.6.4 and included as part of 10
the designation. 11
`(3) The Minister must also publish a gazette notice stating the matters 12
mentioned in subsection (2)(a) to (c). 13
`2.6.9 Procedures if designation does not proceed 14
`If the Minister decides not to proceed with a proposed designation, the 15
Minister must give a notice, stating that the designation will not proceed, to 16
any person given a notice under section 2.6.8(1).'. 17
23 Amendment of s 2.6.12 (Designation of land by local governments)
Clause 18
Section 2.6.12(1), `including'-- 19
omit, insert-- 20
`using the process stated in schedule 1 to include'. 21
24 Amendment of s 2.6.15 (When designations do not cease)
Clause 22
(1) Section 2.6.15(1)(a), after `owns'-- 23
insert-- 24
`, or has a public utility easement over,'. 25
(2) Section 2.6.15(1)(b), after `owns'-- 26
insert-- 27
s 25 31 s 25
Integrated Planning and Other Legislation
Amendment Bill 2001
`, or has a public utility easement, for the same purpose as the 1
designation, over,'. 2
25 Replacement of s 2.6.19 (Request to acquire designated land 3
under hardship)
Clause 4
Section 2.6.19-- 5
omit, insert-- 6
`2.6.19 Request to acquire designated land under hardship 7
`(1) Subsection (3) applies if the owner of an interest in designated land 8
(the "designated interest") is suffering hardship because of the 9
designation. 10
`(2) However, subsection (3) does not apply if-- 11
(a) the designated land is land-- 12
(i) over which there is an existing public utility easement; or 13
(ii) for which a process has started under the Acquisition of 14
Land Act 1967 to acquire a public utility easement; and 15
(b) the designation is for community infrastructure for which the 16
easement exists or is being acquired. 17
`(3) The owner may ask the designator to buy-- 18
(a) the designated interest; or 19
(b) if the owner has an interest in adjoining land and retaining the 20
interest without the designated interest would also cause the 21
owner hardship--the designated interest and the interest in the 22
adjoining land. 23
`(4) The designator must, within 40 business days after the request is 24
received, decide to-- 25
(a) grant the request; or 26
(b) take other action under section 2.6.21; or 27
(c) refuse the request. 28
`(5) In deciding whether or not the owner is suffering hardship, the 29
designator must consider each of the following-- 30
s 26 32 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) whether the owner must sell an interest mentioned in 1
subsection (3)(a) or (b) without delay for personal reasons, 2
including to avoid loss of income, and has tried unsuccessfully to 3
sell the interest at a fair market value (disregarding the 4
designation); 5
(b) whether the owner has a genuine intent to develop the interest, 6
but development approval has been, or is likely to be, refused 7
because of the designation; 8
(c) the extent to which development would be viable because of the 9
designation if the owner exercised rights conferred under any 10
development approval. 11
`(6) In this section-- 12
"adjoining land" means land-- 13
(a) adjoining designated land; and 14
(b) in which the owner of the designated land has an interest.'. 15
26 Replacement of s 2.6.25 (Ministers may delegate certain 16
administrative powers about designations)
Clause 17
Section 2.6.25-- 18
omit, insert-- 19
`2.6.25 Ministers may delegate certain administrative powers about 20
designations 21
`A Minister may delegate the Minister's powers under sections 2.6.8, 22
2.6.9 and 2.6.20 to 2.6.23 to-- 23
(a) the chief executive or a senior executive of any department for 24
which the Minister has responsibility; or 25
(b) the chief executive officer of a public sector entity.'. 26
27 Replacement of ch 3 (Integrated development assessment system 27
(IDAS))
Clause 28
Chapter 3-- 29
omit, insert-- 30
s 27 33 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`CHAPTER 3--INTEGRATED DEVELOPMENT 1
ASSESSMENT SYSTEM (IDAS) 2
`PART 1--PRELIMINARY 3
`3.1.1 What is IDAS 4
` "IDAS" is the system detailed in this chapter for integrating 5
assessment and approval processes for development. 6
`3.1.2 Development under this Act 7
`(1) Under this Act, all development is exempt development unless it is 8
assessable development or self-assessable development.13 9
`(2) Development may also be compliant development requiring 10
compliance assessment. 11
`(3) Schedule 9 identifies development that is exempt development for a 12
planning scheme or a temporary local planning instrument. 13
`(4) To the extent a planning scheme or temporary local planning 14
instrument is inconsistent with schedule 8 or 9, the scheme or instrument is 15
of no effect. 16
`3.1.3 Code and impact assessment for assessable development 17
`(1) A regulation, planning scheme or temporary local planning 18
instrument may require impact or code assessment, or both impact and 19
code assessment, for assessable development. 20
`(2) However-- 21
(a) if the regulation requires code assessment for development, a 22
planning scheme or temporary local planning instrument can not 23
require impact assessment for the development; and 24
(b) to the extent the scheme or instrument is inconsistent with the 25
regulation, the scheme or instrument is of no effect. 26
13 "Assessable development", "self-assessable development" and "exempt
development" are defined in schedule 10 (Dictionary).
s 27 34 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`(3) Subsection (2) applies whether the regulation was made before or 1
after the commencement of the scheme or instrument. 2
`3.1.4 When is a development permit necessary 3
`A development permit is necessary only for assessable development.14 4
`3.1.5 Approvals under this Act 5
`(1) A "preliminary approval" approves development-- 6
(a) to the extent stated in the approval; and 7
(b) subject to the conditions in the approval. 8
`(2) However-- 9
(a) a preliminary approval does not authorise assessable 10
development to be carried out; and 11
(b) there is no requirement to get a preliminary approval for 12
development.15 13
`(3) A "development permit" authorises assessable development to be 14
carried out to the extent stated in the permit, subject to-- 15
(a) the conditions of the permit; and 16
(b) any preliminary approval relating to the development the permit 17
authorises, including any conditions of the preliminary approval; 18
and 19
(c) any requirements, stated under a regulation or a condition of the 20
permit, for assessment under part 7. 21
`(4) A "compliance permit" authorises compliant development to be 22
carried out-- 23
(a) to the extent stated in the permit; and 24
14 It is an offence to carry out assessable development without a development permit.
See section 4.3.1 (Carrying out assessable development without permit).
15 Preliminary approvals assist in the assessment of conceptual development proposals
and in the staging of approvals.
s 27 35 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) subject to any conditions for achieving compliance that are noted 1
on, or attached to, the documents or plans the subject of the 2
compliance assessment. 3
`(5) A "compliance certificate" approves documents, plans or works to 4
the extent stated in the certificate, subject to-- 5
(a) for documents or plans--any conditions for achieving 6
compliance that are noted on, or attached to, the documents or 7
plans; or 8
(b) for works--any written instructions given by the compliance 9
assessor for achieving compliance. 10
`3.1.6 Preliminary approval may override a local planning instrument 11
`(1) This section applies if-- 12
(a) an applicant applies for a preliminary approval; and 13
(b) part of the application states the way in which the applicant seeks 14
the approval to vary the effect of any local planning instrument 15
for the land. 16
`(2) Subsection (3) applies to the extent the application is for-- 17
(a) development that is a material change of use; and 18
(b) the part mentioned in subsection (1)(b). 19
`(3) If the preliminary approval approves the material change of use, the 20
preliminary approval may, in addition to the things an approval may do 21
under chapter 3, part 5, do either or both of the following for development 22
relating to the material change of use-- 23
(a) state that the development is-- 24
(i) assessable development (requiring code or impact 25
assessment); or 26
(ii) self-assessable development; or 27
(iii) exempt development; or 28
(iv) compliant development; 29
(b) identify any codes for the development. 30
`(4) Subsection (5) applies to the extent the application is for-- 31
s 27 36 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) development other than a material change of use; and 1
(b) the part mentioned in subsection (1)(b). 2
`(5) If the preliminary approval approves the development, the 3
preliminary approval may, in addition to the things an approval may do 4
under chapter 3, part 5, do either or both of the following for the 5
development-- 6
(a) state that the development is-- 7
(i) assessable development (requiring code or impact 8
assessment); or 9
(ii) self-assessable development; or 10
(iii) exempt development; or 11
(iv) development requiring assessment for compliance with a 12
code identified in the application; 13
(b) identify codes for the development. 14
`(6) To the extent the preliminary approval, by doing either or both of the 15
things mentioned in subsection (3) or (5), is contrary to the local planning 16
instrument, the approval prevails. 17
`(7) However, subsection (3) or (5) no longer applies to development 18
mentioned in subsection (3)(a) or (5)(a) when the first of the following 19
happens-- 20
(a) the development approved by the preliminary approval and 21
authorised by a later development permit is completed; 22
(b) any time limit for completing the development ends.16 23
`(8) To the extent the preliminary approval is inconsistent with 24
schedule 8 or 9, the preliminary approval is of no effect. 25
`3.1.7 Assessment manager for development applications 26
`(1) The "assessment manager", for a development application, is-- 27
(a) subject to subsections (4) to (7), if the development is wholly 28
within a local government's area--the local government, unless a 29
different entity is prescribed under a regulation; or 30
16 See section 3.5.30(1)(c) (Conditions generally).
s 27 37 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) if paragraph (a) does not apply-- 1
(i) the entity prescribed under a regulation; or 2
(ii) if no entity has been prescribed--the entity decided by the 3
Minister. 4
`(2) However, instead of making a decision under subsection (1)(b)(ii), 5
the Minister may decide that the application, for which a decision under 6
subsection (1)(b)(ii) would normally be made, be split into 2 or more 7
applications. 8
`(3) If the entity prescribed or decided under subsection (1)(b) is a local 9
government, the local government, in addition to its jurisdiction under the 10
Local Government Act 1993, section 25, has the jurisdiction to assess and 11
decide the application. 12
`(4) Subsection (5) applies instead of subsection (1)(a) if-- 13
(a) the development is not assessable development under a planning 14
scheme; and 15
(b) no alternative assessment manager is prescribed under a 16
regulation for the development; and 17
(c) there is only 1 concurrence agency. 18
`(5) The person who would have been the concurrence agency is the 19
"assessment manager" and there is taken to be no concurrence agency. 20
`(6) Subsection (7) applies instead of subsection (1)(a) if-- 21
(a) for an aspect of development, a concurrence agency, under 22
section 3.3.20(1), tells an assessment manager that approval for 23
the aspect must be a preliminary approval only; and 24
(b) the preliminary approval does not state that the assessment 25
manager wishes to be the assessment manager for a development 26
permit for the aspect; and 27
(c) the application for the development permit is only for the aspect 28
of development for which the preliminary approval was given. 29
`(7) There is no concurrence agency for the development permit and the 30
person who would have been the concurrence agency is the "assessment 31
manager". 32
`(8) The assessment manager administers applications. 33
s 27 38 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`3.1.8 Referral agencies for development applications 1
`A referral agency has, for assessing and responding to the part of a 2
development application giving rise to the referral, the jurisdiction 3
prescribed under a regulation. 4
`3.1.9 Compliance assessor for requests for compliance assessment 5
`(1) The "compliance assessor", for a request for compliance 6
assessment, is the entity prescribed under a regulation. 7
`(2) The compliance assessor administers the compliance assessment 8
process under part 7. 9
`3.1.10 Codes under legislation 10
`(1) A regulation under this or another Act, or a State planning policy, 11
may identify a code, or a part of a code, as a code, or a part of a code that, 12
for a stated effect-- 13
(a) can not be added to or changed by a local planning instrument (a 14
"complete code"); or 15
(b) can be added to but not otherwise changed by a local planning 16
instrument (a "partial code"); or 17
(c) can be changed by a local planning instrument (a "variable 18
code"). 19
`(2) A code, or part of a code, not identified in a way stated in 20
subsection (1) is taken to be a code, or part of a code, to which 21
subsection (1)(c) applies. 22
`(3) To the extent a local planning instrument is inconsistent with a 23
complete code, the local planning instrument is of no effect. 24
`(4) To the extent a local planning instrument is inconsistent with a 25
partial code because it has purported to change the code other than by 26
adding to the code for its stated effect, the local planning instrument is of 27
no effect. 28
`(5) Also, the regulation may identify a code, or part of a code, as a code 29
or part of a code, that has no effect until a planning scheme is amended to 30
apply the code (an "adoptable code"). 31
s 27 39 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`3.1.11 Self-assessable development and codes 1
`Self-assessable development must comply with applicable codes. 17
2
`3.1.12 Exempt development and codes or planning instruments 3
`Subject to part 7, exempt development need not comply with applicable 4
codes or planning instruments. 5
`3.1.13 Stages of IDAS 6
`(1) IDAS involves the following possible stages-- 7
· application stage 18
8
· information and referral stage19 9
· notification stage20 10
· decision stage21 11
· compliance stage. 22
12
`(2) For assessable development-- 13
(a) not all stages or all parts of a stage apply to all applications; but 14
(b) the application and decision stages always apply. 15
`(3) For compliant development, the compliance stage applies. 16
`3.1.14 Native Title Act (Cwlth) 17
`(1) Subsections (2) and (3) apply if an assessment manager takes action 18
under the Native Title Act 1993 (Cwlth), section 24HA or 24KA. 19
17 It is an offence to carry out self-assessable development in contravention of
applicable technical assessment codes. See section 4.3.2 (Self-assessable
development must comply with codes).
18 See part 2.
19 See part 3.
20 See part 4.
21 See part 5.
22 See part 7.
s 27 40 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`(2) If the assessment manager takes the action before the decision stage 1
starts, the decision stage does not start until the action is completed. 2
`(3) If the assessment manager takes the action after the decision stage 3
has started, the decision stage stops the day after the action is taken and 4
starts again the day after the action is completed. 5
`PART 2--APPLICATION STAGE 6
`Division 1--Application process 7
`3.2.1 Applying for development approval 8
`(1) Each application must be made to the assessment manager.23 9
`(2) Each application must be made in the approved form. 10
`(3) The approved form-- 11
(a) must contain a mandatory requirements part including a 12
requirement for an accurate description of the land; and 13
(b) must contain, or be supported by, the written consent of the 14
owner of the land to the making of the application if the 15
application is for-- 16
(i) a material change of use of premises or a reconfiguration of 17
a lot; or 18
(ii) works on land below high water mark and outside a canal as 19
defined under the Coastal Protection and Management Act 20
1995; or 21
(iii) works on rail corridor land as defined under the Transport 22
Infrastructure Act 1994; and 23
(c) may contain a supporting information part. 24
`(4) Each application must be accompanied by the fee-- 25
23 A single application may be made for both a preliminary approval and a
development permit.
s 27 41 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) if the assessment manager is a local government--fixed by 1
resolution of the local government; or 2
(b) if the assessment manager is another public sector 3
entity--prescribed under a regulation under this or another Act. 4
`(5) To the extent the development involves taking, or interfering with, a 5
State resource prescribed under a regulation, the regulation may require the 6
application to be supported by 1 or more of the following prescribed under 7
the regulation for the development-- 8
(a) evidence of an allocation of, or an entitlement to, the resource; 9
(b) evidence the chief executive of the department administering the 10
resource is satisfied the development is consistent with an 11
allocation of, or an entitlement to, the resource; 12
(c) evidence the chief executive of the department administering the 13
resource is satisfied the development application may proceed in 14
the absence of an allocation of, or an entitlement to, the resource. 15
`(6) Subsection (3)(b) does not apply for an application to the extent-- 16
(a) subsection (5) applies; or 17
(b) another Act requires the application to be supported by 1 or more 18
of the things mentioned in subsection (5)(a) to (c). 19
`(7) An application is a "properly made application" if-- 20
(a) the application is made to the assessment manager; and 21
(b) the application is made in the approved form; and 22
(c) the mandatory requirements part of the approved form is 23
correctly completed; and 24
(d) the application is accompanied by the fee for administering the 25
application; and 26
(e) if subsection (6) applies--the application is supported by the 27
evidence required under subsection (5). 28
`(8) Subject to the requirements of the approved form, the application 29
may describe the development to any degree of specificity. 30
`(9) For subsection (5), interfering with a State resource includes 31
carrying out development on land other than freehold land. 32
s 27 42 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`3.2.2 Applications for works involving material change of use 1
`(1) Subsection (2) applies if-- 2
(a) at the time an application is made a work, the subject of an 3
application, may not be used unless a development permit exists 4
for the material change of use of premises for which the work is 5
proposed; and 6
(b) there is no development permit for the material change of use; 7
and 8
(c) approval for the material change of use has not been applied for 9
in the application or in a separate application. 10
`(2) The application is taken to be also for the material change of use. 11
`3.2.3 Non-acceptance notices 12
`(1) If an application is not properly made, the assessment manager must 13
give the applicant a notice (a "non-acceptance notice") stating-- 14
(a) the application is not properly made; and 15
(b) the reasons why the application is not properly made. 16
`(2) The notice must be given within 10 business days after the 17
assessment manager receives the application. 18
`(3) If the applicant does not, within 20 business days after receiving the 19
notice or any extended period the assessment manager may allow under 20
section 3.2.7(5), change the application in response to the notice-- 21
(a) the application lapses; and 22
(b) the assessment manager must return the application and refund 23
any application fee paid, less a reasonable fee for processing the 24
application. 25
`(4) However, subsection (1) does not apply if-- 26
(a) the development involves taking or interfering with, including 27
carrying out development on land other than freehold land and 28
freeholding lease under the Land Act 1994, a resource of the 29
State; and 30
(b) the assessment manager is the same entity that administers the 31
resource; and 32
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(c) the only reason the application is not a properly made application 1
is that it is not supported by-- 2
(i) the written consent of the entity administering the resource; 3
or 4
(ii) the evidence mentioned in section 3.2.1(5). 5
`3.2.4 When applications must be endorsed as accepted 6
`The assessment manager must, within 10 business days after an 7
application is properly made, give the applicant a copy of the application, 8
endorsed as being accepted, if-- 9
(a) there are 1 or more referral agencies; or 10
(b) the application requires referral coordination; or 11
(c) at the time the application is made, the applicant asks the 12
assessment manager for a copy of the application endorsed as 13
being accepted. 14
`Division 2--General matters about applications 15
`3.2.5 Additional third party advice or comment 16
`(1) The assessment manager or a concurrence agency for an application 17
may ask any person for advice or comment about the application at any 18
stage. 19
`(2) However, asking for and receiving advice or comment must not 20
extend any stage. 21
`(3) There is no particular way advice or comment may be asked for and 22
received and the request may be made by publicly notifying the 23
application. 24
`(4) To remove any doubt, it is declared that public notification under 25
subsection (3) is not notification under part 4, division 2. 26
`3.2.6 Public scrutiny of applications and related material 27
`(1) The assessment manager must keep, for each application, the 28
following documents available for inspection and purchase-- 29
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(a) the application, including any supporting material; 1
(b) any information request; 2
(c) any properly made submission; 3
(d) any referral agency response. 4
`(2) The documents mentioned in subsection (1) must be kept available 5
for inspection and purchase from the time the assessment manager receives 6
the application until-- 7
(a) the application is withdrawn or lapses; or 8
(b) if paragraph (a) does not apply--the end of the last period during 9
which an appeal may be made against a decision on the 10
application. 11
`(3) Subsection (1) does not apply to supporting material to the extent 12
the assessment manager is satisfied the material contains sensitive security 13
information. 14
`(4) Also, the assessment manager may remove the name, address and 15
signature of each person who made a submission before making the 16
submission available for inspection and purchase. 17
`3.2.7 Changing an application (generally) 18
`(1) The applicant may, by giving written notice to the assessment 19
manager, change the application before it is decided. 20
`(2) For subsection (1), a change-- 21
(a) includes the giving of a response under section 3.3.10(1)(a) 22
or 3.3.10(3)(a); but 23
(b) for a properly made application--does not include a change that, 24
if the application were remade including the change, would cause 25
the application to be not properly made. 26
`(3) Subject to section 3.2.3, the notice must be accompanied by the 27
fee-- 28
(a) if the assessment manager is a local government--fixed by 29
resolution of the local government; or 30
(b) if the assessment manager is another public sector 31
entity--prescribed under a regulation under this or another Act. 32
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`(4) No additional fee is payable for changing an application if the 1
change is-- 2
(a) only in response to a non-acceptance notice; and 3
(b) made within 20 business days after receiving the non-acceptance 4
notice. 5
`(5) The assessment manager may extend the period mentioned in 6
subsection (4)(b). 7
`3.2.8 Changing an application (that does not stop IDAS) 8
`(1) The IDAS process does not stop, merely because 1 or more of the 9
following happens-- 10
(a) the notice about the change under section 3.2.7(1) is given before 11
the end of the application stage; 12
(b) the change is for giving more or better particulars about the 13
application;24 14
(c) the change only reduces the scale or intensity of an aspect of the 15
development; 16
(d) the change only removes an aspect of the development; 17
(e) the assessment manager and any concurrence agency gives the 18
applicant a written notice stating that the entity is satisfied the 19
change is insignificant; 20
(f) the change corrects a mistake in, or omission from, the 21
application about the name or address of the applicant or owner; 22
(g) the change corrects a mistake or omission about the property 23
details of the land. 24
`(2) However-- 25
(a) subsection (1) does not apply if-- 26
(i) the change has the effect of adding referral agencies; or 27
(ii) the original application involved only code assessment but 28
the changed application involves impact assessment; and 29
24 However, see section 3.4.5(1) (When the notification stage must be restarted).
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(b) subsection (1)(g) does not apply unless the assessment manager 1
and any concurrence agency give the applicant a written notice 2
stating the entity is satisfied the change would not adversely 3
affect the ability of a person to assess the changed application. 4
`(3) If subsection (1)(b) to (g) applies, the applicant must give written 5
notice of the change to any referral agency. 6
`3.2.9 Changing an application (that restarts IDAS for part of the 7
application) 8
`(1) Subsections (2) and (3) apply if-- 9
(a) a change under section 3.2.7 only corrects an omission from an 10
application about a referral to a referral agency; and 11
(b) the omission is not discovered until after the application stage 12
would have ended if the application had been properly made; and 13
(c) the application, but for the omission, would have been a properly 14
made application. 15
`(2) For the aspect of the application about the omitted referral agency, 16
the IDAS process starts again from the beginning of the information and 17
referral stage. 18
`(3) Despite section 3.2.1(7), for all other purposes, the application is 19
taken to be a properly made application. 20
`3.2.10 Changing an application (that restarts IDAS completely) 21
`(1) This section applies for a change to which sections 3.2.8 and 3.2.9 22
do not apply. 23
`(2) The applicant must-- 24
(a) give the assessment manager details of the change; and 25
(b) advise any referral agency of the change; and 26
(c) if the application requires referral coordination--advise the chief 27
executive of the change. 28
`(3) For the application, the IDAS process-- 29
(a) stops the day the notice of the change is received by the 30
assessment manager; and 31
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(b) starts again from the start of the information and referral stage.25 1
`(4) Section 3.2.1(5) and (9) apply to the notice as if the notice were a 2
development application. 3
`3.2.11 Withdrawing an application 4
`(1) An applicant may withdraw an application by giving written notice 5
of the withdrawal to-- 6
(a) the assessment manager; and 7
(b) any referral agency; and 8
(c) if the application requires referral coordination--the chief 9
executive. 10
`(2) If within 1 year of withdrawing the application, the applicant makes 11
a later application that is not substantially different from the withdrawn 12
application, any properly made submission about the withdrawn 13
application is taken to be a properly made submission about the later 14
application. 15
`3.2.12 Refunding fees 16
`(1) Subject to section 3.2.3, an assessment manager may refund all or 17
part of the fee paid under section 3.2.1(4). 18
`(2) A concurrence agency may refund all or part of the fee paid under 19
section 3.3.5(1). 20
`Division 3--End of application stage 21
`3.2.13 When does application stage end 22
`(1) The application stage ends when the application is properly made. 23
`(2) An application that is not properly made stays in the application 24
stage until it is properly made or lapses under section 3.2.3(3). 25
25 However, see section 3.4.5 (When the notification stage must be restarted).
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`PART 3--INFORMATION AND REFERRAL STAGE 1
`Division 1--Preliminary 2
`3.3.1 Purpose of information and referral stage 3
`(1) The information and referral stage, for an application, gives-- 4
(a) if the application does not require referral coordination--the 5
assessment manager and any concurrence agency the opportunity 6
to ask the applicant for further information needed to assess the 7
application; or 8
(b) if the application requires referral coordination--the chief 9
executive the opportunity to-- 10
(i) ask the applicant for further information needed to assess 11
the application; and 12
(ii) nominate additional advice agencies. 13
`(2) The information and referral stage, for an application, also gives-- 14
(a) any concurrence agency the opportunity to exercise its 15
concurrence powers; and 16
(b) the assessment manager the opportunity to receive advice about 17
the application from referral agencies. 18
`3.3.2 When information and referral stage applies 19
`The information and referral stage applies to an application if-- 20
(a) the assessment manager gives the applicant an information 21
request under section 3.3.8; or 22
(b) there are 1 or more referral agencies; or 23
(c) referral coordination is required. 24
`3.3.3 When can information and referral stage start 25
`If the information and referral stage applies to an application, the stage 26
starts immediately the application stage ends. 27
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`3.3.4 Referral agency responses before application is made 1
`(1) Nothing in this Act stops a referral agency from giving a referral 2
agency response on a matter within its jurisdiction about a development 3
before an application for the development is made to the assessment 4
manager. 5
`(2) However-- 6
(a) a referral agency is not obliged to give a referral agency response 7
mentioned in subsection (1) before the application is made; and 8
(b) if the development is development requiring referral 9
coordination, a statement in the referral agency response that the 10
agency does not require a referral under section 3.3.5(4)(b)(i) is 11
of no effect. 12
`Division 2--Information requests 13
`3.3.5 Applicant gives material to referral agency 14
`(1) The applicant must give each referral agency-- 15
(a) a copy of the application, endorsed as accepted, unless the 16
referral agency was the entity that endorsed the application; and 17
(b) if the referral agency is a concurrence agency-- 18
(i) whose functions have not been devolved or delegated to a 19
local government--the fee prescribed under a regulation 20
under this or another Act; or 21
(ii) whose functions have been devolved or delegated to a local 22
government--the fee that is, by resolution, fixed by the 23
local government. 24
`(2) The things mentioned in subsection (1)(a) and (b) must be given to 25
all referral agencies-- 26
(a) at about the same time; and 27
(b) within 3 months after the applicant is given a copy of the 28
application endorsed by the assessment manager as being 29
accepted under section 3.2.4. 30
`(3) If the applicant does not comply with subsection (2)(b), the 31
application lapses. 32
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`(4) However, the applicant need not give a referral agency the things 1
mentioned in subsection (1)(a) and (b), if-- 2
(a) the applicant gave the assessment manager a copy of the referral 3
agency's response mentioned in section 3.3.4(1) with the 4
application; and 5
(b) the referral agency's response states that-- 6
(i) the agency does not require a referral under this section; or 7
(ii) the agency does not require a referral under this section if 8
any conditions (including a time limit within which the 9
application must be made) stated in the response are 10
satisfied; and 11
(c) the statement is not stopped from having effect under 12
section 3.3.4(2)(b), and any conditions mentioned in 13
paragraph (b)(ii) are satisfied. 14
`(5) The assessment manager may, on behalf of the applicant and with 15
the applicant's agreement, comply with subsection (1) for a fee. 16
`(6) To the extent the functions of a referral agency in relation to the 17
application have been lawfully devolved or delegated to the assessment 18
manager, subsections (1) to (5) (other than subsection (1)(b)) do not apply. 19
`(7) In this section-- 20
"referral agency" does not include a referral agency nominated by the 21
chief executive in an information request. 22
`3.3.6 Applicant advises assessment manager 23
`(1) After complying with section 3.3.5, the applicant must give the 24
assessment manager written notice of-- 25
(a) the day the applicant gave each referral agency the things 26
mentioned in section 3.3.5(1)(a) and (b); and 27
(b) if referral coordination is required--the day the applicant 28
complied with section 3.3.7(3). 29
`(2) Subsection (1)(a) does not apply to the extent a referral agency's 30
functions have been lawfully devolved or delegated to the entity that is the 31
assessment manager. 32
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`3.3.7 Referral coordination 1
`(1) The information requests for an application require coordination 2
("referral coordination") by the chief executive if either or both of the 3
following apply-- 4
(a) there are 3 or more concurrence agencies; 5
(b) all or part of the development-- 6
(i) is assessable under a planning scheme; and 7
(iii) is prescribed under a regulation. 8
`(2) However, subsection (1)(b) does not apply if the assessment 9
manager gives the applicant written notice that the development-- 10
(a) is minor; and 11
(b) would, in the assessment manager's opinion, be unlikely to have 12
significant effects on the environment. 13
`(3) If referral coordination is required, the applicant must, within 14
3 months after the applicant is given a copy of the application endorsed by 15
the assessment manager as being accepted under section 3.2.4, give the 16
chief executive-- 17
(a) a copy of the application, endorsed as accepted; and 18
(b) the fee prescribed under a regulation; and 19
(c) written notice of the day the applicant complied with 20
section 3.3.5(1) for each referral agency, other than an advice 21
agency nominated by the chief executive in an information 22
request. 23
`(4) If the applicant does not comply with subsection (3), the application 24
lapses. 25
`(5) If a concurrence agency's functions have been lawfully devolved or 26
delegated to the entity that is the assessment manager, the entity is not 27
counted as a concurrence agency for subsection (1)(a). 28
`3.3.8 Information requests to applicant (generally) 29
`(1) This section does not apply if referral coordination is required. 30
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`(2) The assessment manager and each referral agency may ask the 1
applicant, by written request (an "information request"), to give further 2
information needed to assess the application. 3
`(3) A referral agency may only ask for information about a matter that is 4
within its jurisdiction. 5
`(4) If the assessment manager makes the request, the request must be 6
made-- 7
(a) for an application requiring only code assessment--within 8
10 business days after the start of the information and referral 9
stage (the "information request period"); or 10
(b) if paragraph (a) does not apply--within 20 business days after 11
the start of the information and referral stage (also the 12
"information request period"). 13
`(5) If a referral agency makes the request, the request must be made 14
within 10 business days after the agency's referral day (also the 15
"information request period"). 16
`(6) If an information request is made by a referral agency, the referral 17
agency must-- 18
(a) give the assessment manager a copy of the request; and 19
(b) advise the assessment manager of the day the request was made. 20
`(7) The assessment manager or referral agency may, by written notice 21
given to the applicant and without the applicant's agreement, extend the 22
information request period by not more than 10 business days. 23
`(8) Only 1 notice may be given by each entity under subsection (7) and 24
the notice must be given before the entity's information request period 25
ends. 26
`(9) The information request period may be further extended if the 27
applicant, before the period ends, gives written agreement to the extension. 28
`(10) If the information request period is extended for a referral agency, 29
the referral agency must advise the assessment manager of the extension. 30
`3.3.9 Information requests to applicant (referral coordination) 31
`(1) This section applies if referral coordination is required. 32
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`(2) The chief executive may, after consulting the assessment manager, 1
each referral agency and any entity the chief executive intends to nominate 2
as an advice agency-- 3
(a) by written request (an "information request") ask the applicant 4
to give further information needed to assess the application; or 5
(b) by written notice advise the applicant, the assessment manager 6
and each referral agency that an information request will not be 7
made under this section. 8
`(3) The chief executive must take action under subsection (2)(a) or (b) 9
within 20 business days after the chief executive receives the notice 10
mentioned in section 3.3.7(3)(c) (the "information request period"). 11
`(4) If the chief executive gives an information request under 12
subsection (2)(a), the chief executive must give the assessment manager 13
and each referral agency a copy of the information request. 14
`(5) The chief executive may, by written notice given to the applicant and 15
without the applicant's agreement, extend the information request period 16
by not more than 10 business days. 17
`(6) Only 1 notice may be given under subsection (5) and it must be 18
given before the information request period ends. 19
`(7) The information request period may be further extended if the 20
applicant, before the information request period ends, gives written 21
agreement to the extension. 22
`(8) If the chief executive extends the information request period, the 23
chief executive must advise the assessment manager and each referral 24
agency of the extension. 25
`3.3.10 Applicant responds to any information request 26
`(1) If the applicant receives an information request from the assessment 27
manager or a referral agency (the "requesting authority"), the applicant 28
must respond by giving the requesting authority-- 29
(a) all or part of the information requested together with a notice-- 30
(i) stating whether the applicant does or does not believe the 31
applicant has given all the information requested; and 32
(ii) asking the requesting authority to proceed with the 33
assessment of the application; or 34
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(b) a notice-- 1
(i) stating that the applicant does not intend to supply any of 2
the information requested; and 3
(ii) asking the requesting authority to proceed with the 4
assessment of the application. 5
`(2) If the requesting authority is a referral agency, the applicant must 6
also give a copy of the applicant's response to the assessment manager. 7
`(3) If the applicant receives an information request from the chief 8
executive carrying out referral coordination, the applicant must give the 9
assessment manager and each referral agency (but not the chief executive) 10
a written response to the information request supplying-- 11
(a) all or part of the information requested together with a notice-- 12
(i) stating whether the applicant does or does not believe the 13
applicant has given all the information requested; and 14
(ii) asking the assessment manager and referral agency to 15
proceed with the assessment of the application; or 16
(b) a notice-- 17
(i) stating that the applicant does not intend to supply any of 18
the information requested; and 19
(ii) asking the assessment manager and each referral agency to 20
proceed with the assessment of the application. 21
`(4) The application lapses if the applicant does not, for an information 22
request, comply with the relevant requirements of this section within 23
6 months, or the longer period stated in the information request, after the 24
applicant received the request. 25
`(5) A requesting authority may extend the period in which the applicant 26
must respond to the authority's information request by giving the applicant 27
written notice of the extension before the period ends. 28
`3.3.11 Referral agency advises assessment manager of response 29
`Each referral agency must, after receiving the applicant's response, 30
advise the assessment manager of the day of the applicant's response under 31
section 3.3.10. 32
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`Division 3--Referral assistance 1
`3.3.12 When referral assistance may be requested 2
`(1) The applicant may make a written request to the chief executive for 3
assistance ("referral assistance") for an information request to which the 4
applicant has not responded. 5
`(2) The chief executive may give referral assistance if the chief 6
executive is satisfied-- 7
(a) the information request, being a concurrence agency's 8
information request or an information request under referral 9
coordination, is unreasonable or is inappropriate in the context of 10
the application; or 11
(b) the request is in conflict with another information request. 12
`3.3.13 Chief executive acknowledges receipt of referral assistance 13
request 14
`(1) After receiving a referral assistance request, the chief executive must 15
give a notice acknowledging receipt of the request to-- 16
(a) the applicant; and 17
(b) if the request involves the assessment manager--the assessment 18
manager; and 19
(c) if the request involves a referral agency--the referral agency. 20
`(2) The notice must state the day on which the request was received. 21
`3.3.14 Chief executive may change information request 22
`(1) If the chief executive decides to give referral assistance, the chief 23
executive may, after consulting with the entity that made the information 24
request, change the information request. 25
`(2) However, the chief executive may change an information request 26
made by a local government only if the local government agrees to the 27
change. 28
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`(3) The chief executive must give a copy of the changed information 1
request to the applicant, the assessment manager, and any entity whose 2
information request has been changed. 3
`3.3.15 Applicant may withdraw request for referral assistance 4
`The applicant may, at any time, by written notice given to the chief 5
executive, withdraw the request for referral assistance. 6
`Division 4--Referral agency assessment 7
`3.3.16 Referral agency assessment period 8
`(1) The period a referral agency has to assess the application 9
(the "referral agency's assessment period") is-- 10
(a) if chapter 5, part 7A applies--20 business days from the day the 11
chief executive gives the referral agency documents under 12
section 5.7A.13;26 or 13
(b) if paragraph (a) does not apply--20 business days from the end 14
of the referral agency's information period. 15
`(2) A concurrence agency may extend its referral agency's assessment 16
period by not more than 20 business days-- 17
(a) by giving the applicant written notice of the extension before the 18
referral agency's assessment period ends; and 19
(b) without the applicant's agreement. 20
`(3) However, with the written agreement of the applicant before a 21
referral agency's assessment period ends, the referral agency may extend 22
its referral agency's assessment period for any period. 23
`(4) If the referral agency's assessment period is extended, the agency 24
must give the assessment manager written notice of the extension. 25
26 Section 5.7A.13 (Who the chief executive must give EIS and other material to)
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`3.3.17 Referral agency assesses application 1
`(1) Each referral agency must, within the limits of its jurisdiction, 2
assess the part of the application to which the referral agency's jurisdiction 3
relates-- 4
(a) against the laws that are administered by, and the policies that are 5
reasonably identifiable as policies applied by, the referral agency; 6
and 7
(b) having regard to-- 8
(i) any planning scheme in force, when the application was 9
made, for the planning scheme area; and 10
(ii) any State planning policies not identified in the planning 11
scheme as being appropriately reflected in the planning 12
scheme;27 and 13
(iii) if the land to which the application relates is designated 14
land--its designation; and 15
(c) for a concurrence agency--against any applicable concurrence 16
agency code. 17
`(2) Despite subsection (1), a referral agency may give the weight it 18
considers appropriate to any laws, planning schemes, policies and codes, of 19
the type mentioned in subsection (1), coming into effect after the 20
application was made, but before the agency's referral day. 21
`3.3.18 Referral agency's response 22
`(1) If a concurrence agency wishes to give a response to the assessment 23
manager (a "referral agency's response") under section 3.3.20, the 24
concurrence agency must give-- 25
(a) the response during the referral agency's assessment period; and 26
(b) a copy of the response to the applicant. 27
`(2) If an advice agency wishes to give a response to the assessment 28
manager (also a "referral agency's response") under section 3.3.21, the 29
advice agency must give-- 30
27 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
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(a) the response during the referral agency's assessment period; and 1
(b) a copy of the response to the applicant. 2
`(3) If a concurrence agency does not give a response under 3
subsection (1), the assessment manager may decide the application as if the 4
agency had assessed the application and had no concurrence agency 5
requirements. 6
`3.3.19 How a concurrence agency may change its response 7
`(1) Despite section 3.3.18(1), a concurrence agency may, after the end 8
of the assessment period but before the application is decided, give a 9
response or amend its response. 10
`(2) Subsection (1) applies only if the applicant has given written 11
agreement to the content of the response or the amended response. 12
`(3) If a concurrence agency gives or amends a response under 13
subsection (1), the concurrence agency must give-- 14
(a) to the assessment manager--the response or the amended 15
response and a copy of the agreement under subsection (2); and 16
(b) to the applicant--a copy of the response or the amended 17
response. 18
`3.3.20 Concurrence agency's response powers 19
`(1) A concurrence agency's response may state, within the limits of its 20
jurisdiction, 1 or more of the following-- 21
(a) the conditions that must attach to any development approval; 22
(b) that a stated part of the application must not be approved; 23
(c) a shorter currency period must apply for any development 24
approval; 25
(d) that any approval must be a preliminary approval only. 26
`(2) Alternatively, a concurrence agency's response must state, within 27
the limits of its jurisdiction-- 28
(a) it has no concurrence agency requirements; or 29
(b) that the application must be refused. 30
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`(3) A concurrence agency's response may also offer advice to the 1
assessment manager about the application. 2
`(4) For the application, or the part of the application not approved, a 3
concurrence agency may only act under subsection (1)(b) or (2)(b) if the 4
concurrence agency is satisfied-- 5
(a) the development does not comply with a law, policy or code 6
mentioned in section 3.3.17(1)(a) or (c); and 7
(b) compliance with the law, policy or code can not be achieved by 8
imposing conditions. 9
`(5) However, to the extent a concurrence agency's jurisdiction is about 10
assessing the effects of development on designated land-- 11
(a) subsection (4) does not apply; and 12
(b) the concurrence agency may only act under subsection (1)(b) 13
or (2)(b) if the concurrence agency is satisfied-- 14
(i) the development, or part of the development, would 15
compromise the intent of the designation; and 16
(ii) the intent of the designation could not be achieved by 17
imposing conditions on the development approval. 18
`(6) To the extent a concurrence agency's jurisdiction is about additional 19
costs for supplying State infrastructure for development, the agency can not 20
act under subsection (1)(b) or (2)(b). 21
`(7) If a concurrence agency acts under subsection (1)(b) or (2)(b), the 22
concurrence agency's response must include reasons for the concurrence 23
agency's actions. 24
`(8) For section 1.2.3(1)(a)(iii), if a concurrence agency considers the 25
applicant has not given the concurrence agency sufficient information to 26
properly respond, the concurrence agency, in telling the assessment 27
manager to take an action under subsection (1) or (2), must have regard to 28
the precautionary principle. 29
`3.3.21 Advice agency's response powers 30
`(1) An advice agency's response may, within the limits of its 31
jurisdiction, recommend to the assessment manager 1 or more of the 32
following-- 33
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(a) the conditions that should attach to any development approval; 1
(b) that any approval should be for part only of the application; 2
(c) the currency period that should be stated, for section 3.5.25, for 3
the development approval; 4
(d) that any approval should be a preliminary approval only. 5
`(2) Alternatively, an advice agency's response may, within the limits of 6
its jurisdiction, advise the assessment manager-- 7
(a) it has no advice agency recommendations; or 8
(b) it should refuse the application. 9
`(3) An advice agency's response may also do either or both of the 10
following-- 11
(a) offer other advice to the assessment manager about the 12
application; 13
(b) tell the assessment manager to treat the response as a properly 14
made submission. 15
`3.3.22 When does information and referral stage end 16
`(1) If there are no referral agencies but referral coordination is required 17
or the assessment manager makes an information request, the information 18
and referral stage ends when the assessment manager's information period 19
ends.28 20
`(2) If there are referral agencies, the information and referral stage ends 21
when-- 22
(a) the assessment manager receives the notice from the applicant 23
under section 3.3.6;29 and 24
(b) the assessment manager's information period ends; and 25
(c) all referral agency responses have been received by the 26
assessment manager or, if all the responses have not been 27
received, all referral agency assessment periods have ended. 28
28 If there are no referral agencies, no referral coordination, and the assessment
manager does not make an information request, the information and referral stage
does not apply. See section 3.3.2.
29 See section 3.3.6 (Applicant advises assessment manager).
s 27 61 s 27
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`PART 4--NOTIFICATION STAGE 1
`Division 1--Preliminary 2
`3.4.1 Purpose of notification stage 3
`The notification stage gives a person-- 4
(a) the opportunity to make submissions, including objections, that 5
must be taken into account before an application is decided; and 6
(b) the opportunity to secure the right to appeal to the court about the 7
assessment manager's decision. 8
`3.4.2 When the notification stage applies 9
`(1) The notification stage applies to an application if either of the 10
following applies-- 11
(a) any part of the application requires impact assessment; 12
(b) the application is an application to which section 3.1.6 applies. 13
`(2) Subsection (1) applies even if-- 14
(a) code assessment is required for another part of the application; or 15
(b) a concurrence agency advises the assessment manager it requires 16
the application to be refused. 17
`(3) However, subsection (1)(b) does not apply if-- 18
(a) a preliminary approval to which section 3.1.6 applies has been 19
given for land; and 20
(b) the application-- 21
(i) does not seek to change the type of assessment for the 22
development; or 23
(ii) seeks only to change development requiring code 24
assessment to self-assessable development or development 25
requiring assessment for compliance with codes; and 26
(c) a code proposed as part of the application is substantially 27
consistent with a code in the preliminary approval. 28
s 27 62 s 27
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`3.4.3 When can the notification stage start 1
`The applicant may start the notification stage any time after 2 business 2
days after the application stage ends. 3
`3.4.4 When the application lapses if notification stage not started 4
`The application lapses if the notification stage is not started within 5
3 months after-- 6
(a) if the information and referral stage does not apply--the 7
application stage ends; or 8
(b) if the information and referral stage applies--the information 9
and referral stage ends. 10
`3.4.5 When the notification stage must be restarted 11
`(1) The applicant must start the notification stage again if-- 12
(a) the applicant has started the stage; and 13
(b) the applicant changes the application; and 14
(c) the change is a change mentioned in section 3.2.8(1)(a) or (b) 15
or 3.2.10. 16
`(2) Subsection (1) applies, whether or not the applicant has completed 17
the notification stage. 18
`(3) However, subsection (1) does not apply if-- 19
(a) the notification stage for the original application had been 20
completed when notice of the change is received; and 21
(b) the assessment manager states in writing it is satisfied the change 22
to the application, if the notification stage were to apply to the 23
change, would not cause a person to make a substantial 24
submission on reasonable grounds to the thing comprising the 25
change. 26
`(4) Also, the restarting does not affect the application stage or the 27
information and referral stage.30 28
30 See section 3.5.1(2) (When does the decision stage start).
s 27 63 s 27
Integrated Planning and Other Legislation
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`Division 2--Public notification 1
`3.4.6 Public notice of applications to be given 2
`(1) The applicant (or with the applicant's written agreement, the 3
assessment manager) must-- 4
(a) publish a notice at least once in a newspaper circulating generally 5
in the locality of the land; and 6
(b) place a notice on the land in the way prescribed under a 7
regulation; and 8
(c) give a notice to the owners of all land adjoining the land. 9
`(2) The notices must be in the approved form. 10
`(3) If the assessment manager carries out notification on behalf of the 11
applicant, the assessment manager may require the applicant to pay a fee, 12
of not more than the assessment manager's reasonable costs for carrying 13
out the notification. 14
`(4) For subsection (1)(c), roads and land below high-water mark are 15
taken not to be adjoining land. 16
`(5) In this section-- 17
"owner", for land adjoining the land the subject of the application, 18
means31-- 19
(a) if the adjoining land is subject to the Integrated Resort 20
Development Act 1987 or the Sanctuary Cove Resort Act 21
1985--the primary thoroughfare body corporate; or 22
(b) if the adjoining land is subject to the Mixed Use Development Act 23
1993--the community body corporate; or 24
(c) if the adjoining land is subject to the Building Units and Group 25
Titles Act 1980--the body corporate; or 26
(d) if the adjoining land is, under the Body Corporate and 27
Community Management Act 1997 scheme land for a community 28
titles scheme-- 29
(i) the body corporate for the scheme; or 30
31 See Acts Interpretation Act 1954, section 13A (Acts not to affect native title except
by express provision).
s 27 64 s 27
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(ii) if the adjoining land is scheme land for more than 1
1 community titles scheme--the body corporate for the 2
community titles scheme that is a principal scheme; or 3
(e) if there is a time sharing scheme on the adjoining land and the 4
name and address of a person has been notified under the Local 5
Government Act 1993, section 112432--the person; or 6
(f) if the adjoining land is subject to a freeholding lease under the 7
Land Act 1994--the lessee; or 8
(g) if the adjoining land is land granted in trust or reserved and set 9
apart and placed under the control of trustees under the Land Act 10
1994--the trustees of the land and the chief executive of the 11
department in which the Land Act 1994 is administered; or 12
(h) if the adjoining land is the bed or bank of a watercourse, as 13
defined in the Water Act 2000--the chief executive of the 14
department in which the Land Act 1994 is administered; or 15
(i) if the adjoining land is freehold land held in the name of a 16
department or The State of Queensland-- 17
(i) for freehold land held in the name of a department--the 18
chief executive of the department managing the land; or 19
(ii) for freehold land held in the name of The State of 20
Queensland--the chief executive of the department in 21
which the Land Act 1994 is administered; or 22
(j) if the adjoining land is, under the Land Act 1994, subject to a 23
permit to occupy, licence or is unallocated State land--the chief 24
executive of the department in which the Land Act 1994 is 25
administered; or 26
(k) if the adjoining land is, under the Land Act 1994, subject to a 27
lease--the lessee and the chief executive of the department in 28
which the Land Act 1994 is administered; or 29
(l) if paragraphs (a) to (k) do not apply--the person for the time 30
being entitled to receive the rent for the land or who would be 31
entitled to receive the rent for it if it were let to a tenant at a rent. 32
32 Local Government Act 1993, section 1124 (Notice of time share scheme to local
government)
s 27 65 s 27
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`3.4.7 Notification period for applications 1
`(1) The "notification period" for the application must be not less 2
than-- 3
(a) if paragraph (b) does not apply--15 business days starting on the 4
day after the last action under section 3.4.6(1) is carried out; or 5
(b) if there is referral coordination or the application is for a 6
preliminary approval mentioned in section 3.1.6--30 business 7
days starting on the day after the last action under 8
section 3.4.6(1) is carried out. 9
`(2) Any business day between 20 December in a particular year and 10
5 January in the following year, both dates inclusive, must be disregarded 11
for calculating the "notification period". 12
`3.4.8 Requirements for certain notices 13
`(1) The notice placed on the land must remain on the land for all of the 14
notification period. 15
`(2) Each notice given to the owner of adjoining land must be given at 16
about the same time as the notice is published in the newspaper and placed 17
on the land. 18
`(3) All actions mentioned in subsection (2) must be completed within 19
5 business days after the first of the actions is carried out. 20
`(4) A regulation may prescribe different notification requirements for an 21
application for development on land located-- 22
(a) outside any local government area; or 23
(b) within a local government area but in a location where 24
compliance with section 3.4.6(1) would be unduly onerous or 25
would not give effective public notice. 26
`3.4.9 Notice of compliance to be given to assessment manager 27
`(1) If the applicant carries out notification, the applicant must, within 28
3 months after the notification period has ended, give the assessment 29
s 27 66 s 27
Integrated Planning and Other Legislation
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manager written notice that the applicant has complied with the 1
requirements of this division.33 2
`(2) If the applicant does not comply with subsection (1), the application 3
lapses. 4
`3.4.10 Circumstances when applications may be assessed and decided 5
without certain requirements 6
`Despite section 3.4.9, the assessment manager may assess and decide an 7
application even if some of the requirements of this division have not been 8
complied with, if the assessment manager is satisfied any noncompliance 9
has not-- 10
(a) adversely affected the awareness of the public of the existence 11
and nature of the application; or 12
(b) restricted the opportunity of the public to make properly made 13
submissions. 14
`3.4.11 Making submissions 15
`(1) Subject to subsection (2), any person may make a submission to the 16
assessment manager about the application during the notification period. 17
`(2) A concurrence agency may not make a submission about a matter 18
that is within the limits of its concurrence jurisdiction.34 19
`(3) The assessment manager must accept a submission if the submission 20
is a properly made submission. 21
`(4) However, the assessment manager may accept a written submission 22
even if the submission is not a properly made submission. 23
`(5) If the assessment manager has accepted a submission, the person 24
who made the submission may, by written notice-- 25
(a) during the notification period, amend the submission; or 26
33 It is an offence to give the assessment manager a notice under this section that is
false or misleading. See section 4.3.7 (Giving a false or misleading notice).
34 For matters within its jurisdiction, see section 3.3.20 (Concurrence agency's
response powers).
s 27 67 s 27
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(b) at any time before a decision about the application is made, 1
withdraw the submission. 2
`3.4.12 Submissions made during notification period effective for later 3
notification period 4
`(1) This section applies if-- 5
(a) a person makes a submission under section 3.4.11(1) and the 6
submission is a properly made submission or the assessment 7
manager accepts the submission under section 3.4.11(3); and 8
(b) the notification stage is repeated for any reason. 9
`(2) The properly made submission is taken to be a properly made 10
submission for the later notification period and the submitter may, by 11
written notice-- 12
(a) during the later notification period, amend the submission; or 13
(b) at any time before a decision about the application is made, 14
withdraw the submission. 15
`(3) A submission accepted by the assessment manager under 16
section 3.4.11(3) is taken to be part of the common material unless the 17
person who made the submission withdraws the submission before a 18
decision is made about the application. 19
`Division 3--End of notification stage 20
`3.4.13 When does notification stage end 21
`A notification stage ends when-- 22
(a) if notification is carried out by the applicant--the assessment 23
manager receives written notice under section 3.4.9; or 24
(b) if notification is carried out by the assessment manager on behalf 25
of the applicant--the notification period ends. 26
s 27 68 s 27
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`PART 5--DECISION STAGE 1
`Division 1--Preliminary 2
`3.5.1 When does the decision stage start 3
`(1) The decision stage starts the day after all other stages applying to the 4
application, other than the compliance stage, have ended. 5
`(2) If the applicant starts a notification stage after the decision stage has 6
started, the decision stage must start again the day after the notification 7
stage ends. 8
`(3) However, the assessment manager may start assessing the 9
application before the start of the decision stage. 10
`3.5.2 Assessment necessary even if concurrence agency refuses 11
application 12
`This part applies even if a concurrence agency advises the assessment 13
manager the concurrence agency requires the application to be refused. 14
`Division 2--Assessment process 15
`3.5.3 References in div 2 to codes, planning instruments, laws or 16
policies 17
`In this division (other than in section 3.5.8), a reference to a code, 18
planning instrument, law or policy is a reference to a code, planning 19
instrument, law or policy in effect when the application was made. 20
`3.5.4 When assessment manager must not assess part of an 21
application 22
(1) This section applies to the part of a development application (the 23
"coordinated part") for which, were it a separate development 24
application, an alternative assessment manager would be-- 25
(a) prescribed under a regulation; or 26
s 27 69 s 27
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(b) decided by the Minister under section 3.1.7(2). 1
(2) Despite sections 3.5.5 and 3.5.6, the assessment manager must not 2
assess the development, the subject of the coordinated part. 3
`3.5.5 Development requiring code assessment 4
`(1) This section applies for assessing development requiring code 5
assessment. 6
`(2) The assessment manager must assess the development only 7
against-- 8
(a) applicable codes (other than concurrence agency codes the 9
assessment manager does not apply); and 10
(b) subject to paragraph (a)--the common material, to the extent the 11
common material is relevant to the applicable codes; and 12
(c) any relevant State planning policies; 13
(d) if the assessment manager is an infrastructure provider--the 14
priority infrastructure plan.35 15
`(3) If the assessment manager is not a local government, the laws that 16
are administered by, and the policies that are reasonably identifiable as 17
policies applied by, the assessment manager and that are relevant to the 18
development, are taken to be applicable codes in addition to the applicable 19
codes mentioned in subsection (2)(a). 20
`(4) Subsection (5) applies if-- 21
(a) the application for the development is a development application 22
(superseded planning scheme); and 23
(b) the local government has, in response to a request made under 24
section 2.1.7A(1)(b), agreed to apply the superseded planning 25
scheme for assessing and deciding the application. 26
`(5) The assessment manager must assess the development and decide 27
the application as if-- 28
(a) the development was development to which the superseded 29
planning scheme applied; and 30
35 See chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding).
s 27 70 s 27
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(b) the existing planning scheme was not in force; and 1
(c) for chapter 5, part 1, the infrastructure provisions of the existing 2
planning scheme applied. 3
`3.5.6 Development requiring impact assessment or not requiring code 4
assessment 5
`(1) This section applies for assessing development that does not require 6
code assessment. 7
`(2) For development in a planning scheme area, the assessment manager 8
must carry out the assessment having regard to each of the following-- 9
(a) the common material; 10
(b) the planning scheme and any other relevant local planning 11
instruments; 12
(c) any applicable code, other than a concurrence agency code; 13
(d) any relevant State planning policies; 36
14
(e) any development approval for, and any lawful use of, premises 15
the subject of the application or adjacent premises; 16
(f) if the assessment manager is not a local government--the laws 17
that are administered by, and the policies that are reasonably 18
identifiable as policies applied by, the assessment manager and 19
that are relevant to the development; 20
(g) the matters prescribed under a regulation (to the extent they 21
apply to a particular proposal). 22
`(3) For development outside a planning scheme area, the assessment 23
manager must carry out the impact assessment having regard to each of the 24
following-- 25
(a) the common material; 26
(b) if the development could materially affect a planning scheme 27
area--the planning scheme and any other relevant local planning 28
instruments; 29
36 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
s 27 71 s 27
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(c) any applicable code (other than concurrence agency codes the 1
assessment manager does not apply); 2
(d) any relevant State planning policies; 3
(e) any development approval for, and any lawful use of, premises 4
the subject of the application or adjacent premises; 5
(f) if the assessment manager is not a local government--the laws 6
that are administered by, and the policies that are reasonably 7
identifiable as policies applied by, the assessment manager and 8
that are relevant to the development; 9
(g) the matters prescribed under a regulation (to the extent they 10
apply to a particular proposal). 11
`(4) Subsection (5) applies if-- 12
(a) the application for the development is a development application 13
(superseded planning scheme); and 14
(b) the local government has, in response to a request made under 15
section 2.1.7A(1)(b), agreed to apply the superseded planning 16
scheme for assessing and deciding the application. 17
`(5) The assessment manager must assess the development and decide 18
the application as if-- 19
(a) the development was development to which the superseded 20
planning scheme applied; and 21
(b) the existing planning scheme was not in force; and 22
(c) for chapter 5, part 1, the infrastructure provisions of the existing 23
planning scheme applied. 24
`3.5.7 Assessment for s 3.1.6 preliminary approvals that override a 25
local planning instrument 26
`(1) Subsection (2) applies to the part of an application for a preliminary 27
approval mentioned in section 3.1.6 that states the way in which the 28
applicant seeks the approval to vary the effect of any applicable local 29
planning instrument for the land. 30
`(2) The assessment manager must assess the part of the application 31
having regard to each of the following-- 32
(a) the common material; 33
s 27 72 s 27
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(b) the result of the assessment manager's assessment of the 1
development under section 3.5.5 or 3.5.6, or both; 2
(c) the effect the proposed variations would have on any right of a 3
submitter for following applications, with particular regard to the 4
amount and detail of supporting material for the current 5
application available to any submitters; 6
(d) the consistency of the proposed variations with aspects of the 7
planning scheme, other than those sought to be varied; 8
(e) the matters prescribed under a regulation (to the extent they 9
apply to a particular proposal). 10
`3.5.8 Assessment manager may give weight to later codes, planning 11
instruments, laws and policies 12
`(1) This section does not apply if the application is a development 13
application (superseded planning scheme). 14
`(2) In assessing the application, the assessment manager may give the 15
weight it is satisfied is appropriate to a code, planning instrument, law or 16
policy that came into effect after the application was made, but-- 17
(a) before the day the decision stage started; or 18
(b) if the decision stage is stopped--before the day the decision 19
stage is restarted. 20
`Division 3--Decision 21
`3.5.9 Decision making period (generally) 22
`(1) The assessment manager must decide the application within 23
20 business days after the decision stage starts (the "decision making 24
period"). 25
`(2) The assessment manager may, by written notice given to the 26
applicant and without the applicant's agreement, extend the decision 27
making period by not more than 20 business days. 28
`(3) Only 1 notice may be given under subsection (2) and it must be 29
given before the decision making period ends. 30
s 27 73 s 27
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`(4) However, the decision making period may be further extended, 1
including for the purpose of providing further information to the 2
assessment manager, if the applicant, before the period ends, gives written 3
agreement to the extension. 4
`(5) If there is a concurrence agency, the decision must not be made 5
before 10 business days after the information and referral stage ends, 6
unless the applicant gives the assessment manager written notice that it 7
does not intend to take action under section 3.5.11 or 3.5.12. 8
`3.5.10 Decision making period (changed circumstances) 9
`Despite section 3.5.9, the decision making period starts again from its 10
beginning-- 11
(a) if the applicant agrees to a concurrence agency giving the 12
assessment manager a concurrence agency response or an 13
amended concurrence agency response37 after the end of the 14
referral agency's assessment period--the day after the response 15
or amended response is received by the assessment manager; or 16
(b) if the decision making period is stopped under section 3.5.11 17
or 3.5.12--the day after the assessment manager receives further 18
written notice withdrawing the notice stopping the decision 19
making period. 20
`3.5.11 Applicant may stop decision making period to make 21
representations 22
`(1) If the applicant wishes to make representations to a referral agency 23
about the agency's response, the applicant may, by written notice given to 24
the assessment manager, for not more than 3 months, stop the decision 25
making period at any time before the decision is made. 26
`(2) If a notice is given, the decision making period stops when the 27
assessment manager receives the notice. 28
`(3) The applicant may withdraw the notice at any time. 29
37 Under section 3.3.19, a concurrence agency may, with the agreement of the
applicant, amend its response.
s 27 74 s 27
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`3.5.12 Applicant may stop decision making period to request chief 1
executive's assistance 2
`(1) The applicant may, at any time before the application is decided-- 3
(a) by written notice (the "request") given to the chief executive, 4
ask the chief executive to resolve conflict between 2 or more 5
concurrence agency responses containing conditions the 6
applicant is satisfied are inconsistent; and 7
(b) by written notice given to the assessment manager, stop the 8
decision making period for not more than 3 months. 9
`(2) The request must identify the conditions in the concurrence agency 10
responses the applicant is satisfied are inconsistent. 11
`(3) After receiving the request, the chief executive must give a notice 12
acknowledging receipt of the request to the applicant and each affected 13
concurrence agency. 14
`(4) In responding to the request, the chief executive may, after 15
consulting the concurrence agencies, exercise all the powers of the 16
concurrence agencies necessary to reissue 1 or more concurrence agency 17
responses to address any inconsistency. 18
`(5) If the chief executive reissues a concurrence agency response, the 19
chief executive must give the response to the applicant and give a copy of 20
the response to-- 21
(a) the affected concurrence agency; and 22
(b) the assessment manager. 23
`(6) The applicant may withdraw the notice given under 24
subsection (1)(b) at any time. 25
`3.5.13 Decision generally 26
`(1) In deciding the application, the assessment manager must-- 27
(a) approve all or part of the application and attach to the approval 28
any concurrence agency conditions; or 29
(b) approve all or part of the application subject to conditions 30
decided by the assessment manager and attach to the approval 31
any concurrence agency conditions; or 32
(c) refuse the application. 33
s 27 75 s 27
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`(2) The assessment manager's decision must be based on the 1
assessments made under division 2. 2
`(3) For an approval under subsection (1)(a) or (b), if a concurrence 3
agency's response has, under section 3.3.20(1)(b), (c) or (d), stated an 4
action that must be taken, the assessment manager must also take the 5
action. 6
`(4) If a concurrence agency response has stated that the application 7
must be refused, the assessment manager must refuse the application. 8
`(5) If, under section 3.3.20(1), more than 1 concurrence agency 9
response has stated a shorter currency period for a development approval, 10
and the stated currency periods are different, the shortest currency period is 11
the currency period for the approval. 12
`(6) Subsections (1) to (4) do not apply to any part of an application for a 13
preliminary approval mentioned in section 3.1.6 that states the way in 14
which the applicant seeks the approval to vary the effect of any applicable 15
local planning instrument for the land.38 16
`(7) It is declared that-- 17
(a) a development approval includes the conditions imposed by the 18
assessment manager and any concurrence agency; and 19
(b) the assessment manager may give a preliminary approval even 20
though the applicant sought a development permit; and 21
(c) if the assessment manager approves only part of an application, 22
the balance of the application is taken to be refused. 23
`3.5.14 Decision if development requires code assessment 24
`(1) This section applies for deciding any part of the application 25
involving development that requires code assessment 26
`(2) The assessment manager's decision may conflict with an applicable 27
code if there are sufficient grounds to justify the decision, having regard to 28
the purpose of the code. 29
38 Section 3.5.16 establishes rules for decision making about the part of an application
mentioned in subsection (5).
s 27 76 s 27
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`(3) However-- 1
(a) if the application is for building work--the assessment 2
manager's decision must not conflict with the Building Act 1975; 3
and 4
(b) for assessment against a code in a planning scheme--the 5
assessment manager's decision must not compromise the 6
achievement of the desired environmental outcomes for the 7
planning scheme area. 8
`(4) The assessment manager may refuse the application only if the 9
assessment manager is satisfied-- 10
(a) the development does not comply with the applicable code; and 11
(b) compliance with the code can not be achieved by imposing 12
conditions. 13
`(5) Subsection (3)(b) applies only to the extent the decision is consistent 14
with any relevant State planning policy. 15
`3.5.15 Decision for development not requiring code assessment 16
`(1) This section applies for deciding any part of the application 17
involving development that does not require code assessment. 18
`(2) If the application is for development in a planning scheme area, the 19
assessment manager's decision must not-- 20
(a) compromise the achievement of the desired environmental 21
outcomes for the planning scheme area; or 22
(b) conflict with other aspects of the planning scheme, unless there 23
are sufficient planning grounds to justify the decision. 24
`(3) If the application is for development outside a planning scheme 25
area, the assessment manager's decision must not compromise the 26
achievement of the desired environmental outcomes for any planning 27
scheme area that would be materially affected by the development if the 28
development were approved. 29
`(4) Subsections (2)(a) and (3) apply only to the extent the decision is 30
consistent with any relevant State planning policy. 31
`(5) For section 1.2.3(1)(a)(iii), if the assessment manager considers the 32
applicant has not given the assessment manager sufficient information to 33
s 27 77 s 27
Integrated Planning and Other Legislation
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properly decide the application, the assessment manager in deciding the 1
application, must apply the precautionary principle. 2
`3.5.16 Decision if application under s 3.1.6 requires assessment 3
`(1) In deciding the part of an application for a preliminary approval 4
mentioned in section 3.1.6 that states the way in which the applicant seeks 5
the approval to vary the effect of any applicable local planning instrument 6
for the land, the assessment manager must-- 7
(a) approve all or some of the variations sought; or 8
(b) subject to section 3.1.6(3) and (5)--approve different variations 9
from those sought; or 10
(c) refuse the variations sought. 11
`(2) However, to the extent development applied for under other parts of 12
the application is refused, any variation relating to the development must 13
also be refused. 14
`(3) The assessment manager's decision must not compromise the 15
achievement of the desired environmental outcomes for the planning 16
scheme area. 17
`(4) Subsection (1) applies only to the extent the decision is consistent 18
with any State planning policies not identified in the planning scheme as 19
being appropriately reflected in the planning scheme. 20
`3.5.17 Decision notice 21
`(1) The assessment manager must give written notice of the decision 22
(a "decision notice") to-- 23
(a) the applicant; and 24
(b) each referral agency; and 25
(c) if the assessment manager is not the local government and the 26
development is in a local government area--the local 27
government. 28
`(2) The decision notice must be given within 5 business days after the 29
decision is made and must state each of the following-- 30
(a) the day the decision was made; 31
s 27 78 s 27
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(b) the name and address of each referral agency; 1
(c) whether all or part of the application is unconditionally 2
approved, approved subject to conditions or refused; 3
(d) if all or part of the application is approved subject to 4
conditions-- 5
(i) the conditions; and 6
(ii) whether each condition is a concurrence agency or 7
assessment manager condition, and if a concurrence agency 8
condition, the name of the concurrence agency; 9
(e) if all or part of the application is refused-- 10
(i) whether the assessment manager was directed to make the 11
refusal and, if so, the name of the concurrence agency 12
directing the refusal and whether the refusal is solely 13
because of the concurrence agency's direction; and 14
(ii) the reasons for the refusal; 15
(f) if all or part of the application is approved--whether the 16
approval is a preliminary approval, a development permit or a 17
combined preliminary approval and development permit; 18
(g) if all or part of the application is for a preliminary approval 19
mentioned in section 3.1.6 and the assessment manager has 20
approved a variation to an applicable local planning 21
instrument--the variation; 22
(h) any other development permits necessary to allow the 23
development to be carried out; 24
(i) any code the applicant may need to comply with for 25
self-assessable development related to the development 26
approved; 27
(j) any compliance assessment required in relation to the 28
development; 29
(k) whether or not there were any properly made submissions about 30
the application and for each properly made submission, the name 31
and address of the principal submitter; 32
(l) the rights of appeal for the applicant and any submitters. 33
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`(3) If all or part of the application is approved subject to a concurrence 1
agency condition, a copy of the condition must be attached to the decision 2
notice. 3
`(4) If all or part of the application is approved, the assessment manager 4
must give a copy of the decision notice to each principal submitter within 5
5 business days after the earliest of the following happens-- 6
(a) the applicant gives the assessment manager a written notice 7
stating that the applicant does not intend to apply for a negotiated 8
decision notice under section 3.5.18; 9
(b) the assessment manager gives the applicant a notice under 10
section 3.5.18(4); 11
(c) the applicant gives the assessment manager notice of the 12
applicant's appeal; 13
(d) the applicant's appeal period ends. 14
`(5) If all or part of the application is refused, the assessment manager 15
must give a copy of the decision notice to each principal submitter at about 16
the same time as the decision notice is given to the applicant. 17
`(6) A copy of the relevant appeal provisions must also be given with 18
each decision notice or copy of a decision notice. 19
`(7) When the assessment manager gives a decision notice, the 20
assessment manager must also give a copy of any plans and specifications 21
approved by the assessment manager in relation to the decision notice. 22
`Division 4--Negotiated decision notices 23
`3.5.18 Changing approvals during applicant's appeal period 24
`(1) The applicant may, during the applicant's appeal period, apply to the 25
assessment manager to change a matter stated in the decision notice, other 26
than a refusal, or a matter a concurrence agency gave the assessment 27
manager under section 3.3.20(1). 28
`(2) The application must be in the approved form. 29
`(3) The assessment manager must reconsider the matters considered 30
when the original decision was made, to the extent the matters are relevant. 31
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`(4) If the assessment manager does not agree to any of the changes 1
sought the assessment manager must give the applicant a written notice 2
stating its decision. 3
`(5) If the assessment manager agrees to any of the changes sought the 4
assessment manager must give a new notice (the "negotiated decision 5
notice") to-- 6
(a) the applicant; and 7
(b) each principal submitter; and 8
(c) each referral agency; and 9
(d) for development in a local government area if the local 10
government is not the assessment manager--the local 11
government. 12
`(6) The negotiated decision notice-- 13
(a) must be in the same form as the decision notice previously given; 14
and 15
(b) must state the nature of the changes; and 16
(c) replaces the decision notice previously given. 17
`(7) A notice under subsection (4) or (5) must be given within 5 business 18
days after the assessment manager decides the application. 19
`(8) Subsection (9) applies if the development approved by the 20
negotiated decision notice is different from the development approved in 21
the decision notice in a way that affects-- 22
(a) the amount of the infrastructure charge; or 23
(b) a condition requiring a payment for, or the supply of 24
infrastructure. 25
`(9) The local government may-- 26
(a) give the applicant a new infrastructure charges notice under 27
section 5.1.7 to replace the original notice; or 28
(b) amend the condition mentioned in subsection (8)(b). 29
s 27 81 s 27
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`3.5.19 Applicant may suspend applicant's appeal period 1
`(1) Before applying for a change under section 3.5.18(1), the applicant 2
may, by written notice given to the assessment manager, suspend the 3
applicant's appeal period. 4
`(2) The applicant may act under subsection (1) only once. 5
`(3) Subject to section 3.5.20, the balance of the applicant's appeal 6
period restarts-- 7
(a) the day after the applicant gives the assessment manager a notice 8
withdrawing the notice under subsection (1); or 9
(b) if paragraph (a) does not apply--20 business days after the notice 10
under subsection (1) is given. 11
`3.5.20 When appeal period is automatically suspended 12
`If an applicant applies for a change under section 3.5.18(1)-- 13
(a) if no notice under section 3.5.19 is in force--the applicant's 14
appeal period is suspended; or 15
(b) if a notice under section 3.5.19 is in force--the applicant's 16
appeal period remains suspended. 17
`3.5.21 When balance of appeal period restarts 18
`If section 3.5.20 applies, the balance of the applicant's appeal period 19
restarts the day after-- 20
(a) the applicant gives the assessment manager written notice 21
withdrawing an application under 3.5.18; or 22
(b) the assessment manager gives the applicant a notice under 23
section 3.5.18(4). 24
`3.5.22 When applicant's appeal period starts again 25
`If subsection 3.5.20 applies, the applicant's appeal period starts again 26
the day after the assessment manager gives the applicant a negotiated 27
decision notice. 28
s 27 82 s 27
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`Division 5--Approvals 1
`3.5.23 When approval takes effect 2
`(1) If the application is approved, or approved subject to conditions, the 3
decision notice, or if a negotiated decision notice is given, the negotiated 4
decision notice, is taken to be the development approval and has effect-- 5
(a) if there is no submitter and the applicant does not appeal the 6
decision to the court, from-- 7
(i) the time the decision notice is given; or 8
(ii) if a negotiated decision notice is given--the time the 9
negotiated decision notice is given; or 10
(b) if there is a submitter and the applicant does not appeal the 11
decision to the court, the earlier of the following-- 12
(i) when the submitter's appeal period ends; 13
(ii) the day the last submitter gives the assessment manager 14
written notice that the submitter will not be appealing the 15
decision; or 16
(c) if an appeal is made to the court, subject to section 4.1.47(2) and 17
the decision of the court under section 4.1.54--when the appeal 18
is finally decided. 19
`(2) If a submitter acts under subsection (1)(b)(ii), the assessment 20
manager must give the applicant a copy of the submitter's notice. 21
`(3) In this section-- 22
"submitter" includes an advice agency that has told the assessment 23
manager to treat its response as a properly made submission.39 24
`3.5.24 When assessable development may start 25
`(1) Assessable development may start when a development permit for 26
the development takes effect. 27
`(2) Subsection (1) applies subject to-- 28
39 See section 3.3.21 (Advice agency's response powers).
s 27 83 s 27
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(a) any condition applying under section 3.5.30(1)(b)40 to a 1
development approval for the development; and 2
(b) any applicable requirement under part 7. 3
`3.5.25 When approval lapses 4
`(1) The development approval lapses at the end of the currency period 5
for the approval unless-- 6
(a) for development that is a material change of use--the change of 7
use happens before the end of the currency period; or 8
(b) for a development permit for reconfiguring a lot--the plan 9
(however called) for the reconfiguration of the lot is given to the 10
local government for endorsement before the end of the currency 11
period; or 12
(c) for development not mentioned in paragraphs (a) and 13
(b)--development under the approval substantially starts before 14
the end of the currency period. 15
`(2) If a monetary security has been given in relation to the approval, the 16
security must be released if the approval lapses. 17
`3.5.26 Certain approvals to be recorded on planning scheme 18
`(1) Subsection (2) applies if a local government-- 19
(a) gives a development approval and is satisfied the approval is 20
inconsistent with the planning scheme; or 21
(b) gives a development approval mentioned in section 3.1.6; or 22
(c) decides to apply a superseded planning scheme for a purpose 23
mentioned in section 2.1.7A(1). 24
`(2) The local government must-- 25
(a) note the approval or decision on its planning scheme; and 26
(b) give the chief executive written notice of the notation and the 27
land to which the note relates. 28
`(3) The note is not an amendment of the planning scheme. 29
40 See section 3.5.30 (Conditions generally).
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`(4) Failure to comply with subsection (2) does not affect the validity of 1
the approval or decision. 2
`3.5.27 Approval attaches to land 3
`(1) The development approval attaches to the land, the subject of the 4
application, and binds the owner, the owners successors in title and any 5
occupier of the land. 6
`(2) To remove any doubt, it is declared that subsection (1) applies even 7
if later development (including reconfiguring a lot) is approved for the land 8
(or the land as reconfigured). 9
`Division 6--Conditions 10
`3.5.28 Application of div 6 11
`This division applies to each condition in a development approval 12
whether the condition is a condition-- 13
(a) a concurrence agency directs an assessment manager to attach to 14
the approval; or 15
(b) decided by an assessment manager; or 16
(c) attached to the approval under the direction of the Minister. 17
`3.5.29 Conditions must be relevant or reasonable 18
`(1) The condition must-- 19
(a) be relevant to, but not an unreasonable imposition on, the 20
development or use of premises as a consequence of the 21
development; or 22
(b) be reasonably required in respect of the development or use of 23
premises as a consequence of the development. 24
`(2) Subsection (1) applies despite the laws that are administered by, and 25
the policies that are reasonably identifiable as policies applied by, an 26
assessment manager or concurrence agency. 27
s 27 85 s 27
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`3.5.30 Conditions generally 1
`(1) The condition may-- 2
(a) place a limit on how long a lawful use may continue or works 3
may remain in place; or 4
(b) state a development may not start until other development 5
permits, for development on the same premises, have been given 6
or other development on the same premises (including 7
development not covered by the development application) has 8
been substantially started or completed; or 9
(c) require development, or an aspect of development, to be 10
completed within a particular time and require the payment of 11
security under an agreement under section 3.5.3241 to support the 12
condition; or 13
(d) for a development approval for a material change of use--require 14
compliance assessment for works that are the natural and 15
ordinary consequence of the material change of use even if the 16
works are not assessable development. 17
`(2) If the condition requires assessable development, or an aspect of 18
assessable development, to be completed within a particular time and the 19
assessable development or aspect is not completed within the time, the 20
approval, to the extent it relates to the assessable development or aspect not 21
completed, lapses. 22
`3.5.31 Conditions that can not be imposed 23
`(1) The condition must not-- 24
(a) be inconsistent with a condition of an earlier development 25
approval still in effect for the development; or 26
(b) require a monetary payment for the capital, operating and 27
maintenance costs of, or works to be carried out for, community 28
infrastructure (other than in accordance with chapter 5, part 1); or 29
(c) state that works required to be carried out for a development 30
must be undertaken by an entity other than the applicant; or 31
(d) require an access restriction strip. 32
41 See section 3.5.32 (Agreements).
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`(2) Nothing in this section stops a condition being imposed if the 1
condition requires a monetary payment, or works to be carried out, to 2
protect or maintain the safety or efficiency of State owned or State 3
controlled transport infrastructure. 4
`(3) In subsection (2)-- 5
"State owned or State controlled transport infrastructure" means 6
transport infrastructure under the Transport Infrastructure Act 1994 7
that is owned or controlled by the State.42 8
`3.5.32 Agreements 9
`The applicant may enter into an agreement with an entity, including, for 10
example, an assessment manager or a concurrence agency, to establish the 11
obligations, or secure the performance, of a party to the agreement about a 12
condition. 13
`3.5.33 Covenants not to be inconsistent with development approvals 14
`(1) Subsection (2) applies if a covenant under the Land Act 1994, 15
section 373A(4)43 or the Land Title Act 1994, section 97A(3)(a) or (b)44 is 16
entered into in connection with a development application. 17
`(2) The covenant is of no effect unless it is entered into as a requirement 18
of a condition of a development approval for the application. 19
42 Under the Transport Infrastructure Act 1994, schedule 3--
"transport infrastructure" includes road, rail, port and miscellaneous transport
infrastructure.
43 Land Act 1994, section 373A (Covenant by registration)
44 Land Title Act 1994, section 97A (Covenant by registration)
s 27 87 s 27
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`PART 6--CHANGING OR CANCELLING 1
DEVELOPMENT APPROVALS 2
`Division 1--Changing or cancelling development approval by 3
application 4
`3.6.1 Application to change or cancel a development approval 5
`(1) Subject to subsection (2), a person may apply to change or cancel a 6
development approval under this division only if the approval has effect. 7
`(2) A person may not, under this division, apply to change a preliminary 8
approval into a development permit. 9
`(3) The change application must-- 10
(a) be made in the approved form to the deciding entity; and 11
(b) be accompanied by-- 12
(i) if the deciding entity was a local government--the fee fixed 13
by resolution of the local government; or 14
(ii) if the deciding entity was not a local government--the fee 15
prescribed under a regulation under this or another Act. 16
`(4) If the person is not the owner of the land, the change application 17
must also be accompanied by the written consent of the owner. 18
`(5) If the person is the owner of the land and there is a written 19
agreement between the owner and another person in which the other person 20
proposes to buy the land, the change application must also be accompanied 21
by the written consent of the other person. 22
`3.6.2 Deciding entity must assess and decide application to change or 23
cancel a development approval 24
`(1) For assessing and deciding the change application, the processes 25
under parts 2 and 3 and sections 3.5.1 and 3.5.9 apply as if-- 26
(a) the deciding entity were an assessment manager for development 27
requiring code assessment; and 28
(b) there were no referral agencies for the development application; 29
and 30
s 27 88 s 27
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(c) referral coordination were not required. 1
`(2) To the extent relevant, the deciding entity must assess and decide the 2
change application having regard to the matters it had regard to in assessing 3
and deciding the development application for which the approval was 4
given. 5
`(3) However, the deciding entity-- 6
(a) may also consider other matters the entity is satisfied are relevant 7
to the change application; and 8
(b) if there was a concurrence agency for the development 9
application and the deciding entity was the assessment 10
manager--must consult the agency. 11
`(4) After assessing the change application, the deciding entity must-- 12
(a) approve the change application; or 13
(b) approve the change application in part; or 14
(c) refuse the change application. 15
`(5) However, the deciding entity must refuse the change application if 16
the deciding entity is satisfied the development application would, if it 17
could, and had, included the change -- 18
(a) require referral to additional concurrence agencies; or 19
(b) cause development previously requiring only code assessment to 20
require impact assessment; or 21
(c) for a deciding entity other than a concurrence agency--cause a 22
person to make a substantial submission on reasonable grounds 23
about the change. 24
`(6) Subsection (5)(c) does not apply for a change if the change is the 25
complete removal of, or a reduction in the scale or intensity of, an aspect of 26
the development. 27
`(7) Subsections (8) and (9) apply for an application to cancel a 28
development approval. 29
`(8) Despite subsections (1) to (5), a deciding entity must-- 30
(a) if the entity is satisfied the cancellation would compromise the 31
fulfilment of a condition to mitigate the adverse environmental 32
effects of the development or use of the premises--refuse the 33
change application; or 34
s 27 89 s 27
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(b) if subsection (a) does not apply--approve the change 1
application. 2
`(9) If a monetary security has been given in relation to the approval, the 3
security must be released if the approval is cancelled. 4
`(10) A development approval may be changed under this division by 5
removing an aspect of development from the approval. 6
`(11) Despite section 3.5.25, if the change application is for changing the 7
currency period of a development approval, the development approval does 8
not lapse before the change application is decided. 9
`3.6.3 Deciding entity must give notice of decision 10
`(1) The deciding entity must give notice of the entity's decision to-- 11
(a) the person applying for the change; and 12
(b) if the deciding entity is the entity that was the assessment 13
manager--each entity that was a concurrence agency for the 14
development application; and 15
(c) if the deciding entity is not the entity that was the assessment 16
manager--the entity. 17
`(2) A notice given under subsection (1) must be given within 5 business 18
days after the entity made its decision. 19
`3.6.4 Effect of notice 20
`(1) A notice mentioned in section 3.6.3(1) takes effect on the day the 21
person applying for the change is given the notice. 22
`(2) To the extent the notice is inconsistent with the development 23
approval, the development approval is of no effect. 24
`Division 2--Changing or cancelling conditions of development approval 25
by assessment manager or concurrence agency 26
`3.6.5 When conditions may be changed or cancelled by assessment 27
manager or concurrence agency 28
`(1) This section applies for-- 29
s 27 90 s 27
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(a) a development condition as defined under another Act; or 1
(b) an operational condition of a development approval. 2
`(2) However, this section does not apply if under another Act an entity 3
is authorised to change or cancel conditions of a development approval in a 4
different way. 5
`(3) A condition mentioned in subsection (1) may be changed or 6
cancelled by-- 7
(a) if the condition was a concurrence agency condition--the entity 8
that was the concurrence agency; or 9
(b) if the condition was imposed by an assessment manager--the 10
entity that was the assessment manager; or 11
(c) if paragraph (a) or (b) does not apply--the entity that has 12
jurisdiction for the condition. 13
`(4) However-- 14
(a) a development condition as defined under the Environmental 15
Protection Act 1994 may be changed or cancelled only on a 16
ground mentioned in section 130(2) of that Act; or 17
(b) a development condition as defined under another Act may be 18
changed or cancelled only on a ground mentioned in that Act; or 19
(c) an operational condition of a development approval may be 20
changed or cancelled only if the entity is satisfied the change or 21
cancellation reflects a standard for environmental performance 22
stated in a statutory instrument with which the condition does not 23
comply. 24
`(5) The change or cancellation may be made without the consent of the 25
owner of the land to which the approval attaches and any occupier of the 26
land. 27
`(6) Section 3.5.29 applies to the changed condition. 28
`(7) If the entity is satisfied it is necessary to change or cancel the 29
condition, the entity must give written notice to the owner of the land to 30
which the approval attaches and any occupier of the land. 31
`(8) The notice must state-- 32
(a) the proposed change or cancellation and the reasons for the 33
change or cancellation; and 34
s 27 91 s 27
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(b) that each person to whom the notice is given may make a written 1
submission to the entity about the proposed change or 2
cancellation; and 3
(c) the time (at least 15 business days after the notice is given to the 4
holder) within which the submission may be made. 5
`(9) After considering any submissions, the entity must give to each 6
person to whom the notice was given-- 7
(a) if the entity is not satisfied the change or cancellation is 8
necessary--written notice stating it has decided not to change or 9
cancel the condition; or 10
(b) if the entity is satisfied the change or cancellation is 11
necessary--written notice stating it has decided to change or 12
cancel the condition, and include details of the changed 13
conditions or cancellation. 14
`(10) If the entity is a concurrence agency, the entity must also give the 15
entity that was the assessment manager written notice of the change or 16
cancellation. 17
`(11) The changed condition or cancellation takes effect from the day the 18
notice is given to the owner of the land to which the approval attaches. 19
`(12) In this section-- 20
"operational condition", of a development approval, means a condition 21
that states a standard of environmental performance for an activity or 22
use that is the natural and ordinary consequence of the development. 23
`PART 7--COMPLIANCE STAGE 24
`Division 1--Preliminary 25
`3.7.1 Purpose of compliance stage 26
`The compliance stage allows for compliant development, a document or 27
work relating to development to be assessed ("compliance assessment") 28
against, and if appropriate, approved as complying for-- 29
s 27 92 s 27
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(a) a matter or thing prescribed under a regulation; and 1
(b) conditions of a development approval. 2
`3.7.2 When compliance stage applies 3
`The compliance stage applies-- 4
(a) for compliant development; or 5
(b) if a condition of a development approval requires assessment of 6
documents or works under the approval for compliance with a 7
condition of the approval; or 8
(c) if a preliminary approval states that development requires 9
assessment for compliance with a code identified in the approval. 10
`3.7.3 What may be assessed for compliance 11
`(1) A regulation may prescribe compliant development, a document or 12
work that may be assessed for compliance with a matter or thing mentioned 13
in section 3.7.1. 14
`(2) Without limiting subsection (1)-- 15
(a) for section 3.7.2(a), the regulation may prescribe compliant 16
development, documents or works for compliance with a stated 17
code or standard; or 18
(b) for section 3.7.2(b), the regulation may prescribe documents for 19
compliance with a condition of the approval. 20
`3.7.4 When compliance stage starts 21
`The compliance stage starts-- 22
(a) if a time is prescribed under a regulation for the start--at the time 23
prescribed; or 24
(b) if a time is not prescribed under a regulation for the start--on the 25
day a request for compliance assessment is made under 26
section 3.7.5. 27
s 27 93 s 27
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`Division 2--Compliance assessment 1
`3.7.5 Process for compliance assessment 2
`(1) A request for compliance assessment must be-- 3
(a) in the approved form or in the form prescribed under a 4
regulation; and 5
(b) given or made to the entity prescribed under a regulation; and 6
(c) supported by-- 7
(i) the appropriate fee; and 8
(ii) for works yet to be completed--any relevant document 9
mentioned in section 3.7.3(1). 10
`(2) For subsection (1), the appropriate fee is-- 11
(a) if the entity is a local authority--the fee fixed by resolution of the 12
local authority; or 13
(b) in any other case--the fee prescribed under a regulation. 14
`(3) The compliance assessor must assess the compliant development, 15
document or work only against either or both of the following-- 16
(a) the matters prescribed under a regulation; 17
(b) relevant conditions of a development approval. 18
`(4) In deciding the request, the assessor must-- 19
(a) approve the compliant development, document or work; or 20
(b) approve the compliant development, document or work, subject 21
to-- 22
(i) for a document--any conditions decided by the assessor for 23
achieving compliance, and that are noted on, or attached to, 24
the document; or 25
(ii) for work--any written instruction given by the assessor for 26
achieving compliance; or 27
(c) give the person making the request written notice of the action 28
required for the compliant development, document or work to 29
comply. 30
s 27 94 s 27
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`(5) If the assessor approves the request, the assessor must give the 1
person making the request-- 2
(a) if the request was for approval of-- 3
(i) compliant development--a compliance permit; or 4
(ii) a document, or work carried out--a compliance certificate; 5
and 6
(b) the permit or certificate within the time prescribed under a 7
regulation. 8
`(6) If the assessor gives the person making the request written notice 9
under subsection (4)(c), the assessor must give the notice to the person 10
within the time prescribed under a regulation. 11
`(7) If the assessor does not decide the request within the time prescribed 12
under a regulation, the person making the request may take the action 13
prescribed under the regulation for the type of request made. 14
`3.7.6 Regulation may prescribe additional requirements and actions 15
A regulation under this or another Act may prescribe-- 16
(a) requirements, for example, scale, for the document for which 17
compliance assessment is requested; or 18
(b) additional actions that may, or must, be taken by the compliance 19
assessor. 20
`3.7.7 Effect of approvals under this part 21
`(1) An approval under this part has effect for-- 22
(a) the period prescribed under a regulation; or 23
(b) if no period is prescribed under paragraph (a)--2 years from the 24
day notice is given under section 3.7.5(4). 25
`(2) However, if the compliant development starts while the approval has 26
effect, the approval continues to have effect. 27
`(3) A compliance permit attaches to the land, the subject of the request, 28
and binds the owner, the owners successors in title and any occupier of the 29
land. 30
s 27 95 s 27
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`3.7.8 Approval of plan taken to be approval for other Acts 1
`(1) Approval of a plan (however called) for the reconfiguration of a lot 2
under this part is taken to be an approval of the plan for another Act, if, 3
under another Act, the plan requires the approval (in whatever form) of a 4
local government before it can be registered under that Act. 5
`(2) If a plan mentioned in subsection (1) does not require approval 6
under this part, the Land Title Act 1994, section 50(g),45 does not apply to 7
the registration of the plan. 8
`3.7.9 Codes for compliance assessment are not applicable codes 9
`A code mentioned in this part is not an applicable code. 10
`PART 8--MINISTERIAL POWERS FOR 11
DEVELOPMENT APPLICATIONS AND APPROVALS 12
`Division 1--Ministerial direction 13
`3.8.1 When Ministerial direction may be given 14
`The Minister may give a direction under this division about an 15
application only if-- 16
(a) the assessment manager has not decided the application; and 17
(b) the development involves a State interest; and 18
(c) the matter the subject of the direction is not within the 19
jurisdiction of a concurrence agency. 20
`3.8.2 Notice of direction 21
`(1) The Minister may direct the assessment manager, by written notice, 22
to take 1 or more of the following actions or to refuse the application-- 23
45 Land Title Act 1994, section 50 (Requirements for registration of plan of
subdivision)
s 27 96 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) to attach to the development approval the conditions stated in the 1
notice; 2
(b) to approve part only of the development; 3
(c) to give a preliminary approval only. 4
`(2) The notice must state-- 5
(a) the nature of the State interest giving rise to the direction; and 6
(b) the reasons for the Minister's direction. 7
`(3) The Minister must give a copy of the notice to the applicant. 8
`3.8.3 Effect of direction 9
`(1) If the Minister gives a direction, the assessment manager, in 10
deciding the application, must comply with the direction. 11
`(2) For an appeal under sections 4.1.27 to 4.1.29, the Minister's 12
direction is taken to be a concurrence agency's response and the chief 13
executive is taken to be a co-respondent. 14
`Division 2--Ministerial call in powers (development application) 15
`3.8.4 When a development application may be called in 16
`The Minister may, under this division, call in an application-- 17
(a) only if the development involves a State interest; and 18
(b) at any time after the application is made until 10 business days 19
after the later of the following-- 20
(i) the day the chief executive receives notice of an appeal 21
against the application; 22
(ii) the end of both the applicant's appeal period and the 23
submitter's appeal period for the decision on the 24
application. 25
s 27 97 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`3.8.5 Notice of call in 1
`(1) The Minister may, by written notice given to the assessment 2
manager, call in the application. 3
`(2) The notice must state the reasons for calling in the application. 4
`(3) The Minister must give a copy of the notice to-- 5
(a) the applicant; and 6
(b) any concurrence agency; and 7
(c) any submitter. 8
`3.8.6 Effect of call in 9
`(1) This section applies if the Minister calls in the application. 10
`(2) If the application is called in before the assessment manager makes 11
a decision on the application the Minister must-- 12
(a) assess and decide the application in the place of the assessment 13
manager; and 14
(b) continue the IDAS process from the point at which the 15
application is called in. 16
`(3) If the application is called in after the assessment manager makes a 17
decision on the application-- 18
(a) the Minister must reassess and re-decide the application in the 19
place of the assessment manager; and 20
(b) before reassessing and re-deciding the application, the Minister 21
may repeat any other stage of IDAS the Minister considers 22
appropriate. 23
`(4) For subsections (2) and (3)-- 24
(a) the Minister is the assessment manager from the time the 25
application is called in until the Minister gives the decision 26
notice; and 27
(b) any time stated in this chapter for the assessment manager to take 28
an action does not apply. 29
`(5) The entity that was the assessment manager before the application 30
was called in (the "original assessment manager") must give the Minister 31
s 27 98 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
all reasonable assistance the Minister requires to assess and decide the 1
application, including giving the Minister-- 2
(a) all material about the application the assessment manager had 3
before the application was called in; and 4
(b) any material about the application received by the assessment 5
manager after the application is called in. 6
`(6) In addition to the matters the original assessment manager would be 7
required to consider in assessing the application, the Minister may also 8
consider any other matter the Minister considers is relevant to a State 9
interest for which the call in was made. 10
`(7) Section 3.2.7 does not apply to the application unless the Minister 11
agrees in writing to the proposed change. 12
`(8) Until the Minister gives the decision notice a concurrence agency is 13
taken to be an advice agency. 14
`(9) When the Minister gives the decision notice to the applicant and 15
each submitter and referral agency, the Minister also must give a copy of 16
the notice to the original assessment manager. 17
`(10) Subject to subsection (11), the Minister's decision is taken to be the 18
original assessment manager's decision. 19
`(11) A person may not appeal against the Minister's decision. 20
`(12) If an appeal was made before the application was called in, the 21
appeal is of no further effect. 22
`3.8.7 Process if call in decision does not deal with all aspects of the 23
application 24
`(1) If the Minister's decision notice does not decide all aspects of the 25
application, the Minister must, by written notice, refer the aspects not 26
decided back to the assessment manager. 27
`(2) If the Minister gives a notice under subsection (1), the notice must 28
state the point in the IDAS process from which the process must restart for 29
the aspects of the application not decided by the Minister. 30
s 27 99 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
`Division 3--Ministerial call in powers (changed or cancelled 1
conditions) 2
`3.8.8 Definition for div 3 3
`In this division-- 4
"change application" means an application to change or cancel a 5
condition of a development approval. 6
`3.8.9 When a change application may be called in 7
`The Minister may, under this division, call in a change application-- 8
(a) only if the change or cancellation involves a State interest; and 9
(b) at any time after the change application is made until-- 10
(i) if the applicant appeals against the deciding entity's 11
decision--10 business days after the appeal starts;46 or 12
(ii) if the applicant does not appeal against the deciding entity's 13
decision--30 business days after the deciding entity gives 14
the applicant notice of the deciding entity's decision.47 15
`3.8.10 Notice of call in 16
`(1) The Minister may, by written notice given to the deciding entity, call 17
in the change application. 18
`(2) The notice must state the reasons for calling in the application. 19
`(3) The Minister must give a copy of the notice to the applicant. 20
`3.8.11 Effect of call in 21
`(1) This section applies if the Minister calls in the change application. 22
`(2) If the application is called in before the deciding entity makes a 23
decision on the application the Minister must-- 24
46 See section 4.1.31 (Appeals for matters arising after approval given (no
co-respondents)).
47 See section 3.6.3 (Deciding entity must give notice of decision).
s 27 100 s 27
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) assess and decide the application in the place of the deciding 1
entity; and 2
(b) continue the process for deciding the application from the point 3
at which the application is called in. 4
`(3) If the application is called in after the deciding entity makes a 5
decision on the application the Minister must reassess and re-decide the 6
application in the place of the deciding entity. 7
`(4) For subsections (2) and (3)-- 8
(a) the Minister is the deciding entity from the time the application is 9
called in until the Minister gives the notice of the Minister's 10
decision to the applicant; and 11
(b) any time stated in this chapter for the deciding entity to take an 12
action does not apply. 13
`(5) The entity that was the deciding entity before the application was 14
called in (the "original deciding entity") must give the Minister all 15
reasonable assistance the Minister requires to assess and decide the 16
application, including giving the Minister-- 17
(a) all material about the application the deciding entity had before 18
the application was called in; and 19
(b) any material received by the deciding entity after the application 20
is called in. 21
`(6) In addition to the matters the original deciding entity would be 22
required to consider in assessing the application, the Minister may also 23
consider any other matter the Minister considers is relevant to a State 24
interest for which the call in was made. 25
`(7) When the Minister gives notice of the Minister's decision, the 26
Minister also must give a copy of the notice to the original deciding entity. 27
`(8) Subject to subsection (9), the Minister's decision is taken to be the 28
original deciding entity's decision. 29
`(9) A person may not appeal against the Minister's decision. 30
`(10) If an appeal was made before the application was called in, the 31
appeal is of no further effect. 32
s 28 101 s 28
Integrated Planning and Other Legislation
Amendment Bill 2001
`Division 4--Report to Parliament 1
`3.8.12 Report about decision 2
`(1) If the Minister calls in an application under division 2 or 3, the 3
Minister must, after deciding the application, prepare a report about the 4
Minister's decision. 5
`(2) Without limiting subsection (1), the Minister must include a copy of 6
each of the following in the report-- 7
(a) the application; 8
(b) the notice given under section 3.8.5 or 3.8.10; 9
(c) for an application under division 2-- 10
(i) any referral agency's response; and 11
(ii) any properly made submission; and 12
(iii) an analysis of the submissions; 13
(d) if the Minister has invited the applicant to make a submission 14
about the application--the submission; 15
(e) the decision notice or a copy of the Minister's decision under 16
section 3.8.11; 17
(f) any notice given under section 3.8.7. 18
`(3) The Minister must cause a copy of the report to be tabled in the 19
Legislative Assembly within 14 sitting days after the Minister's decision is 20
made.'. 21
28 Insertion of new s 4.1.5A
Clause 22
After section 4.1.5-- 23
insert-- 24
`4.1.5A How court may deal with matters involving substantial 25
compliance 26
`(1) Subsection (2) applies if in a proceeding before the court, the 27
court-- 28
s 29 102 s 31
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) finds a requirement of this Act, or another Act in its application to 1
this Act, has not been complied with, or has not been fully 2
complied with; but 3
(b) is satisfied the non-compliance, or partial compliance, has not 4
substantially restricted the opportunity for a person to exercise 5
the rights conferred on the person by this or the other Act. 6
`(2) The court may deal with the matter in the way the court considers 7
appropriate.'. 8
29 Amendment of s 4.1.21 (Court may make declarations)
Clause 9
(1) Section 4.1.21(1)(a), `under'-- 10
omit, insert-- 11
`for'. 12
(2) Section 4.1.21(1)(e)-- 13
omit. 14
(3) Section 4.1.21(7)-- 15
omit, insert-- 16
`(7) If the Minister is satisfied the proceeding involves a State interest, 17
the Minister may elect to be a party to the proceeding by filing in the court 18
a notice of election in the approved form.'. 19
30 Amendment of s 4.1.22 (Court may make orders about 20
declarations)
Clause 21
Section 4.1.22(2) and (3)-- 22
omit, insert-- 23
`(2) If the order cancels a development approval, the court must also 24
make the order it considers appropriate about any loss the owner of the 25
premises, the subject of the development approval, will suffer as a result of 26
the making of the order.'. 27
31 Amendment of s 4.1.23 (Costs)
Clause 28
(1) Section 4.1.23(1), `Each'-- 29
s 32 103 s 33
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`Subject to subsections (2) to (6), each'. 2
(2) Section 4.1.23(2), `However'-- 3
omit, insert-- 4
`Subject to subsection (7)'. 5
(3) Section 4.1.23(3), `3.5.26'-- 6
omit, insert-- 7
`3.6.1(1)(b)'. 8
(4) Section 4.1.23(6), `an acknowledgment notice'-- 9
omit, insert-- 10
`a copy of the application, endorsed as accepted,'. 11
32 Amendment of s 4.1.27 (Appeals by applicants)
Clause 12
Section 4.1.27-- 13
insert-- 14
`(2A) The applicant's appeal period does not include any period for 15
which the applicant's appeal period is suspended under chapter 3, part 5, 16
division 4.'. 17
33 Replacement of s 4.1.28 (Appeals by submitters)
Clause 18
Section 4.1.28-- 19
omit, insert-- 20
`4.1.28 Appeals by submitters 21
`(1) A submitter for a development application may appeal to the court 22
only against-- 23
(a) the part of the approval relating to the assessment manager's 24
decision under section 3.5.15 or 3.5.16; or 25
(b) for an application processed under section 6.1.28(2)--the part of 26
the approval about the aspects of the development that would 27
have required public notification under the repealed Act. 28
s 34 104 s 34
Integrated Planning and Other Legislation
Amendment Bill 2001
`(2) To the extent an appeal may be made under subsection (1), the 1
appeal may be against 1 or more of the following-- 2
(a) the giving of a development approval; 3
(b) any provision of the approval including-- 4
(i) a condition of, or lack of condition for, the approval; or 5
(ii) the length of a currency period for the approval. 6
`(3) However, a submitter may not appeal if the submitter-- 7
(a) withdraws the submission before the application is decided; or 8
(b) has given the assessment manager a notice under 9
section 3.5.23(1)(b)(ii). 10
`(4) The appeal must be started within 20 business days (the 11
"submitter's appeal period") after the decision notice or negotiated 12
decision notice is given to the submitter.'. 13
34 Amendment of s 4.1.29 (Appeals by advice agency submitters)
Clause 14
(1) Section 4.1.29(1)-- 15
omit, insert-- 16
`(1) Subsection (1A) applies if an advice agency, in its response for an 17
application, told the assessment manager to treat the response as a properly 18
made submission.48 19
`(1A) The advice agency may, within the limits of its jurisdiction, appeal 20
to the court about any part of the approval relating to the assessment 21
manager's decision under section 3.5.15 or 3.5.16.'. 22
(2) Section 4.1.29-- 23
insert-- 24
`(3) However, if the advice agency has given the assessment manager a 25
notice under section 3.5.23(1)(b)(ii), the advice agency may not appeal the 26
decision.'. 27
48 See section 3.3.21 (Advice agency's response powers).
s 35 105 s 35
Integrated Planning and Other Legislation
Amendment Bill 2001
35 Replacement of ss 4.1.30-4.1.31
Clause 1
Sections 4.1.30 to 4.1.31-- 2
omit, insert-- 3
`4.1.30 Appeals for matters arising after approval given 4
(co-respondents) 5
`(1) Subsection (3) applies if for a change application-- 6
(a) a person receives a notice under section 3.6.3(1)(a); and 7
(b) section 3.6.3(1)(b) also applies for the notice. 8
`(2) However, subsection (3) does not apply if the notice is about a 9
change to the currency period if the approval resulted from a development 10
application (superseded planning scheme) that was assessed as if it were an 11
application made under a superseded planning scheme. 12
`(3) The person may appeal to the court about the decision in the notice. 13
`(4) The appeal must be started within 20 business days after the day the 14
notice is given to the person. 15
`(5) Also, a person who has made an application mentioned in 16
subsection (1) may appeal to the court against a deemed refusal of the 17
application. 18
`(6) An appeal under subsection (5) may be started at any time after the 19
last day the decision about the application should have been made. 20
`Division 9--Appeals to court about other matters 21
`4.1.31 Appeals for matters arising after approval 22
given (no co-respondents) 23
`(1) Subsection (2) applies if for a change application-- 24
(a) a person receives a notice under section 3.6.3(1)(a) and 25
section 3.6.3(1)(c) also applies for the notice; or 26
(b) section 3.6.5(8)(b)49 applies for the notice. 27
49 Section 3.6.5 (When operational conditions may be changed or cancelled by
assessment manager or concurrence agency)
s 36 106 s 38
Integrated Planning and Other Legislation
Amendment Bill 2001
`(2) The person may appeal to the court about the decision in the notice. 1
`(3) The appeal must be started within 20 business days after the day the 2
notice is given to the person. 3
`(4) Also, a person who has made an application mentioned in 4
subsection (1)(a) may appeal to the court against a deemed refusal of the 5
application. 6
`(5) An appeal under subsection (4) may be started at any time after the 7
last day the decision about the application should have been made.'. 8
36 Amendment of s 4.1.33 (Stay of operation of enforcement notice)
Clause 9
(1) Section 4.1.33(2)(b), `carrying out development that is'-- 10
omit, insert-- 11
`stopping'. 12
(2) Section 4.1.33(2)-- 13
insert-- 14
`(e) extracting clay, gravel, rock, sand or soil, not mentioned in 15
paragraph (d), from Queensland waters.'. 16
37 Amendment of s 4.1.40 (Certain appellants must obtain 17
information about submitters)
Clause 18
Section 4.1.40(1)-- 19
omit, insert-- 20
`(1) If the applicant or a submitter for a development application appeals 21
about the part of the assessment manager's decision relating to 22
section 3.5.15 or 3.5.16, the appellant must ask the assessment manager to 23
give the appellant the name and address of each principal submitter who-- 24
(a) made a properly made submission about the application; and 25
(b) has not withdrawn the submission.'. 26
38 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8))
Clause 27
Section 4.1.41-- 28
s 38 107 s 38
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`4.1.41 Notice of appeal to other parties (div 8) 2
`(1) An appellant under division 8 must give written notice of the appeal 3
to the chief executive and-- 4
(a) if the appellant is an applicant--the assessment manager, any 5
concurrence agency, any principal submitter whose submission 6
has not been withdrawn and any advice agency treated as a 7
submitter whose submission has not been withdrawn; or 8
(b) if the appellant is a submitter or an advice agency whose 9
response to the development application is treated as a 10
submission for an appeal--the assessment manager, the applicant 11
and any concurrence agency; or 12
(c) if the appellant is a person to whom a notice mentioned in 13
section 4.1.30 has been given--the deciding entity and any entity 14
that was a concurrence agency for the development application to 15
which the notice relates. 16
`(2) The notice must be given within-- 17
(a) if paragraphs (b) and (c) do not apply--10 business days after the 18
appeal is started; or 19
(b) if information is requested under section 4.1.40--within 20
10 business days after the appellant is given the information; or 21
(c) if the appellant is a submitter or advice agency whose response to 22
the development application is treated as a submission for an 23
appeal--2 business days after the appeal is started. 24
`(3) The notice must state-- 25
(a) the grounds of the appeal; and 26
(b) if the person given the notice is not the respondent or a 27
co-respondent under section 4.1.43--that the person may, within 28
10 business days after the notice is given, elect to become a 29
co-respondent to the appeal by filing in the court a notice of 30
election in the approved form.'. 31
s 39 108 s 40
Integrated Planning and Other Legislation
Amendment Bill 2001
39 Replacement of s 4.1.43 (Respondent and co-respondents for 1
appeals under div 8)
Clause 2
Section 4.1.43-- 3
omit, insert-- 4
`4.1.43 Respondent and co-respondents for appeals under div 8 5
`(1) Subsections (2) to (9) apply for appeals under sections 4.1.27 6
to 4.1.29. 7
`(2) The assessment manager is the respondent for the appeal. 8
`(3) If the appeal is started by a submitter, the applicant is a 9
co-respondent for the appeal. 10
`(4) A principal submitter is entitled to elect to become a co-respondent 11
to the appeal. 12
`(5) If a principal submitter elects to become a co-respondent, any other 13
submitter for the submission may also elect to become a co-respondent to 14
the appeal. 15
`(6) If the appeal is about a concurrence agency response, the 16
concurrence agency is a co-respondent for the appeal. 17
`(7) If the appeal is only about a concurrence agency response, the 18
assessment manager may apply to the court to withdraw from the appeal. 19
`(8) The respondent and any co-respondents for an appeal are entitled to 20
be heard in the appeal as a party to the appeal. 21
`(9) A person to whom a notice of appeal is required to be given under 22
section 4.1.41 and who is not the respondent or a co-respondent for the 23
appeal may elect to be a co-respondent. 24
`(10) For an appeal under section 4.1.30-- 25
(a) the deciding entity is the respondent; and 26
(b) any entity that was a concurrence agency for the development 27
application to which a notice under section 3.6.3 relates may 28
elect to become a co-respondent.'. 29
40 Replacement of s 4.1.45 (How a person may elect to be 30
co-respondent)
Clause 31
Section 4.1.45-- 32
s 41 109 s 44
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`4.1.45 How an entity may elect to be a co-respondent 2
`An entity that is entitled to elect to be a co-respondent to the appeal may 3
do so, within 10 business days after notice of the appeal is given to the 4
entity, by following the rules of court for the election.'. 5
41 Amendment of s 4.1.52 (Appeal by way of hearing anew)
Clause 6
Section 4.1.52(2)(b)-- 7
omit, insert-- 8
`(b) must not consider a change to the application on which the 9
decision being appealed was made unless-- 10
(i) the change is a change that could be made under 11
section 3.2.8 or 3.2.9; and 12
(ii) the court is satisfied the change would not substantially 13
restrict the opportunity for a person to exercise a right 14
conferred on the person by this or another Act.'. 15
42 Omission of s 4.1.53 (Court may decide appeal even if particular 16
requirements not complied with)
Clause 17
Section 4.1.53-- 18
omit. 19
43 Amendment of s 4.2.7 (Jurisdiction of tribunals)
Clause 20
Section 4.2.7(1)-- 21
omit, insert-- 22
`(1) A tribunal may decide any matter that under this or another Act the 23
tribunal is given jurisdiction to decide.'. 24
44 Insertion of new s 4.2.9A
Clause 25
After section 4.2.9-- 26
insert-- 27
s 45 110 s 45
Integrated Planning and Other Legislation
Amendment Bill 2001
`4.2.9A Appeals by persons requesting compliance assessment 1
`(1) A person requesting compliance assessment may appeal to a 2
tribunal-- 3
(a) against the compliance assessor's decision; or 4
(b) if, under section 3.7.5(7), the compliance assessor does not 5
decide a request for compliance assessment--in the 6
circumstances prescribed under a regulation. 7
`(2) For subsection (1)(a), the appeal must be started within 20 business 8
days (the "applicant's appeal period") after notice of the decision is 9
given to the person. 10
`(3) For subsection (1)(b), the appeal may be started at any time after the 11
last day a decision on the matter should have been made. 12
`(4) If a tribunal acts under this section, the tribunal must decide the 13
matter as if the tribunal were the assessor.'. 14
45 Replacement of ss 4.2.10 and 4.2.11
Clause 15
Sections 4.2.10 and 4.2.11-- 16
omit, insert-- 17
`4.2.10 Appeals by compliance assessors 18
`(1) A compliance assessor may appeal to a tribunal about the giving of a 19
compliance permit in the circumstances prescribed under a regulation. 20
`(2) The appeal must be started within the time prescribed under the 21
regulation for the appeal. 22
`4.2.11 Appeals for matters arising after approval given 23
(co-respondents) 24
`(1) Subsection (3) applies if for a change application-- 25
(a) a person receives a notice under section 3.6.3(1)(a); and 26
(b) section 3.6.3(1)(b) also applies for the notice. 27
`(2) However, subsection (3) does not apply if the notice is about a 28
change to the currency period if the approval resulted from a development 29
application (superseded planning scheme) that was assessed as if it were an 30
application made under a superseded planning scheme. 31
s 46 111 s 47
Integrated Planning and Other Legislation
Amendment Bill 2001
`(3) The person may appeal to a tribunal about the decision in the notice. 1
`(4) The appeal must be started within 20 business days after the day the 2
notice is given to the person. 3
`(5) Also, a person who has made an application mentioned in 4
subsection (1) may appeal to a tribunal against a deemed refusal of the 5
application. 6
`(6) An appeal under subsection (5) may be started at any time after the 7
last day the decision about the application should have been made.'. 8
46 Replacement of s 4.2.12 (Appeals for matters arising after 9
approval given (no co-respondents))
Clause 10
Section 4.2.12-- 11
omit, insert-- 12
`4.2.12 Appeals for matters arising after approval 13
given (no co-respondents) 14
`(1) Subsection (2) applies if for a change application-- 15
(a) a person receives a notice under section 3.6.3(1)(a) and 16
section 3.6.3(1)(c) also applies for the notice; or 17
(b) section 3.6.5(8)(b)50 applies for the notice. 18
`(2) The person may appeal to a tribunal about the decision in the notice. 19
`(3) The appeal must be started within 20 business days after the day the 20
notice is given to the person. 21
`(4) Also, a person who has made an application mentioned in 22
subsection (1)(a) may appeal to a tribunal against a deemed refusal of the 23
application. 24
`(5) An appeal under subsection (4) may be started at any time after the 25
last day the decision about the application should have been made.'. 26
47 Amendment of s 4.2.14 (Stay of operation of enforcement notice)
Clause 27
Section 4.2.14(2)(b)-- 28
50 Section 3.6.5 (When operational conditions may be changed or cancelled by
assessment manager or concurrence agency)
s 48 112 s 48
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`(b) stopping the demolition of a work; or 2
(c) clearing vegetation on freehold land; or 3
(d) the removal of quarry material allocated under the Water Act 4
2000; or 5
(e) extracting clay, gravel, rock, sand or soil, not mentioned in 6
paragraph (d), from Queensland waters.'. 7
48 Replacement of ss 4.2.17 and 4.2.18
Clause 8
Sections 4.2.17 and 4.2.18-- 9
omit, insert-- 10
`4.2.17 Notice of appeal to other parties (div 3) 11
`(1) For an appeal under division 3, the registrar must, within 12
10 business days after the appeal is started, give written notice of the 13
appeal to-- 14
(a) for an appeal under section 4.2.9--the assessment manager and 15
any concurrence agency; or 16
(b) for an appeal under section 4.2.9A--any compliance assessor for 17
the matter being appealed; or 18
(c) for an appeal under section 4.2.10--any compliance assessor for 19
the matter being appealed and the person requesting compliance 20
assessment; or 21
(d) for an appeal under section 4.2.11--the deciding entity and any 22
entity that was a concurrence agency for the development 23
application to which the notice relates. 24
`(2) The notice must state-- 25
(a) the grounds of the appeal; and 26
(b) if the person given the notice is not the respondent or a 27
co-respondent under section 4.2.1951--that the person, within 28
10 business days after the day the notice is given, may elect to 29
become a co-respondent to the appeal. 30
51 Section 4.2.19 (Respondent and co-respondents for appeals under div 3)
s 49 113 s 50
Integrated Planning and Other Legislation
Amendment Bill 2001
`4.2.18 Notice of appeal to other parties (div 4) 1
`(1) For an appeal under division 4, the registrar must, within 2
10 business days after the appeal is started, give written notice of the 3
appeal to-- 4
(a) for an appeal under section 4.2.1252--the deciding entity; or 5
(b) for an appeal under section 4.2.13--the entity that gave the 6
notice, and, if the entity is not the local government, the local 7
government. 8
`(2) The notice must state the grounds of the appeal.'. 9
49 Replacement of s 4.2.33 (Matters the tribunal may consider in 10
making a decision)
Clause 11
Section 4.2.33-- 12
omit, insert-- 13
`4.2.33 Matters the tribunal may consider in making a decision 14
`(1) Subsection (2) applies if the appeal is about-- 15
(a) a development application (including about a development 16
approval given for a development application); or 17
(b) a request for compliance assessment (including about a decision 18
given for the request). 19
`(2) The tribunal must decide the appeal based on the laws and policies 20
applying when the application or request was made, but may give the 21
weight to any new laws and policies the tribunal considers appropriate.'. 22
50 Amendment of s 4.2.34 (Appeal decision)
Clause 23
(1) Section 4.2.34(2)(d)-- 24
omit, insert-- 25
`(d) for a deemed refusal or a failure to decide a request for 26
compliance assessment-- 27
52 Section 4.2.12 (Appeals for matters arising after approval given (no
co-respondents))
s 51 114 s 53
Integrated Planning and Other Legislation
Amendment Bill 2001
(i) order the assessment manager or compliance assessor to 1
decide the application or request by a stated time; and 2
(ii) if the assessment manager or compliance assessor does not 3
comply with the order under subparagraph (i)--decide the 4
application or request; or'. 5
(2) Section 4.2.34(2)(e), `application'-- 6
omit, insert-- 7
`request for compliance assessment'. 8
51 Replacement of s 4.2.35A (Notice of compliance)
Clause 9
Section 4.2.35A-- 10
omit, insert-- 11
`4.2.35A Notice of compliance 12
`If the tribunal orders or directs the assessment manager or a compliance 13
assessor to do something, the assessment manager or compliance assessor 14
must, after doing the thing, give the registrar written notice of doing the 15
thing.'. 16
52 Omission of s 4.3.2A (Certain assessable development must 17
comply with codes)
Clause 18
Section 4.3.2A-- 19
omit. 20
53 Insertion of new s 4.3.4A
Clause 21
After section 4.3.4-- 22
insert-- 23
`4.3.4A Offences relating to compliance assessment 24
`(1) A person must not carry out compliant development-- 25
(a) before a compliance permit for the development is obtained; and 26
(b) other than in accordance with the permit. 27
Maximum penalty--1 665 penalty units. 28
s 54 115 s 55
Integrated Planning and Other Legislation
Amendment Bill 2001
`(2) A person must request compliance assessment for a work mentioned 1
in section 3.7.3 within the time prescribed under a regulation. 2
Maximum penalty--1 665 penalty units.'. 3
54 Replacement of s 4.3.5 (Carrying on unlawful use of premises)
Clause 4
Section 4.3.5-- 5
omit, insert-- 6
`4.3.5 Offences about the use of premises 7
`Subject to section 4.3.6, a person must not use premises-- 8
(a) if the use is not a lawful use; or 9
(b) unless the use is in accordance with-- 10
(i) for premises that have not been designated--a planning 11
scheme or temporary local planning instrument that 12
regulates the use of the premises;53 or 13
(ii) for premises that have been designated--any requirements 14
about the use of land that are part of the designation.54 15
Maximum penalty--1 665 penalty units.'. 16
55 Amendment of s 4.3.8 (Application of div 2)
Clause 17
(1) Section 4.3.8(c)-- 18
omit, insert-- 19
`(c) demolishing a work; or'. 20
(2) Section 4.3.8-- 21
insert-- 22
`(g) extracting clay, gravel, rock, sand or soil, not mentioned in 23
paragraph (f), from Queensland waters.'. 24
53 See section 2.1.23(3) (Local planning instruments have force of law).
54 See section 2.6.4 (What designations may include).
s 56 116 s 59
Integrated Planning and Other Legislation
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56 Amendment of s 4.3.11 (Giving enforcement notice)
Clause 1
Section 4.3.11(5), `about'-- 2
omit, insert-- 3
`ordering'. 4
57 Amendment of s 4.3.13 (Specific requirements of enforcement 5
notice)
Clause 6
(1) Section 4.3.13(1)-- 7
insert-- 8
`(fa) to request compliance assessment;'. 9
(2) Section 4.3.13(1)(fa) and (g)-- 10
renumber as section 4.3.13(g) and (h). 11
58 Replacement of s 4.3.16 (Processing application required by 12
enforcement notice)
Clause 13
Section 4.3.16-- 14
omit, insert-- 15
`4.3.16 Processing application or request required by enforcement 16
notice 17
`If a person applies for a development permit or requests compliance 18
assessment as required by an enforcement notice, the person-- 19
(a) must not discontinue the application or request, unless the person 20
has a reasonable excuse; and 21
(b) must take all necessary and reasonable steps to enable the 22
application or request to be decided as quickly as possible, unless 23
the person discontinues the application or request with a 24
reasonable excuse. 25
Maximum penalty--1 665 penalty units.'. 26
59 Replacement of ch 5, pt 1
Clause 27
Chapter 5, part 1-- 28
s 59 117 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`PART 1--INFRASTRUCTURE PLANNING AND 2
FUNDING 3
`Division 1--Non-trunk infrastructure 4
`5.1.1 Conditions local governments may impose for non-trunk 5
infrastructure 6
`(1) If a local government imposes a condition about non-trunk 7
infrastructure, the condition may only be for supplying infrastructure for 8
1 or more of the following-- 9
(a) reticulation networks internal to the premises; 10
(b) connecting the premises to external infrastructure networks; 11
(c) protecting or maintaining the efficiency or safety of the 12
infrastructure network of which the non-trunk infrastructure is a 13
component. 14
`(2) The condition must state-- 15
(a) the infrastructure to be supplied; and 16
(b) when the infrastructure must be supplied. 17
`Division 2--Trunk infrastructure 18
`5.1.2 Priority infrastructure plans for trunk infrastructure 19
`Each priority infrastructure plan55 must be prepared in accordance with 20
guidelines prescribed under a regulation. 21
`5.1.3 Funding trunk infrastructure for certain local governments 22
`(1) This section applies to a local government in whose area there is a 23
significant business activity under the Local Government Act 1993 24
involving the supply of trunk infrastructure. 25
55 See section 2.1.3(1)(d) (Key elements of planning schemes).
s 59 118 s 59
Integrated Planning and Other Legislation
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`(2) Under this Act, the local government must not, other than under an 1
infrastructure charges schedule or under division 5, require a payment for 2
supplying trunk infrastructure for the activity.56 3
`(3) However, the Minister may, for a part of a local government's area 4
the Minister is satisfied has low growth, give a local government written 5
approval to require a payment for supplying trunk infrastructure for the 6
activity under an infrastructure payments schedule instead of an 7
infrastructure charges schedule. 8
`Division 3--Trunk infrastructure funding under an infrastructure 9
charges schedule 10
`5.1.4 Making or amending infrastructure charges schedules 11
`(1) Despite section 2.1.5, an infrastructure charges schedule must be
57
12
prepared or amended in accordance with-- 13
(a) guidelines prescribed under a regulation; and 14
(b) the process stated in schedule 3,58 as if it were a planning scheme 15
policy. 16
`(2) The schedule, or the amendment of the schedule, has effect on and 17
from-- 18
(a) the day the adoption of the schedule, or the amendment of the 19
schedule, is first notified in a newspaper circulating generally in 20
the local government's area; or 21
(b) if a later day for the commencement of the schedule, or the 22
amendment of the schedule, is stated in the schedule, or the 23
amendment--the later day. 24
56 See the Local Government Act 1993, chapter 14 (Rates and charges), part 2 (Making
and levying rates and charges) for a local government's power to levy rates and
charges in other ways.
57 Section 2.1.5 (Process for making or amending planning schemes)
58 Schedule 3 (Process for making or amending planning scheme policies)
s 59 119 s 59
Integrated Planning and Other Legislation
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`5.1.5 Key elements of an infrastructure charges schedule 1
`(1) An infrastructure charges schedule must state each of the 2
following-- 3
(a) a charge (an "infrastructure charge") for trunk infrastructure 4
identified in the schedule; 5
(b) the estimated proportion of the establishment cost of the trunk 6
infrastructure to be funded by the charge; 7
(c) the estimated timing for, and estimated establishment cost of, 8
future trunk infrastructure; 9
(d) each area in which the charge applies; 10
(e) each type of lot, work or use, for which the charge applies; 11
(f) how the charge must be calculated for-- 12
(i) each area mentioned in paragraph (d); and 13
(ii) each type of lot, work or use mentioned in paragraph (e). 14
`(2) An infrastructure charge may also apply to trunk infrastructure-- 15
(a) despite section 2.1.2--that is not within, or completely within, 16
the local government's area; or 17
(b) that is not owned by the local government if the owner of the 18
infrastructure agrees; or 19
(c) supplied by a local government on a State-controlled road. 20
`5.1.6 Infrastructure charges 21
`(1) The infrastructure charge-- 22
(a) must be for trunk infrastructure; and 23
(b) must not be more than the proportion of the establishment cost of 24
the infrastructure that reasonably can be apportioned to the 25
premises for which the charge is stated; and 26
(c) if it is levied for an existing lawful use--must be based on the 27
current share of usage of the infrastructure at the time the charge 28
is levied. 29
`(2) Subsection (1)(c) does not apply if the local government and the 30
owner of the land to which the charge relates otherwise agree in writing. 31
s 59 120 s 59
Integrated Planning and Other Legislation
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`(3) However, an infrastructure charge must not be levied for a work or 1
use of land authorised under the Mineral Resources Act 1989. 2
`5.1.7 Infrastructure charges notices 3
`(1) A notice requiring the payment of an infrastructure charge (an 4
"infrastructure charges notice") must state each of the following-- 5
(a) the amount of the charge; 6
(b) the land to which the charge applies; 7
(c) when the charge is payable; 8
(d) the trunk infrastructure for which the charge has been stated; 9
(e) whether the infrastructure is necessary to service the premises 10
but is not yet available; 11
(f) the person to whom the charge must be paid. 12
`(2) If the notice is given as a result of a development approval, the local 13
government must give the notice to the applicant at the same time as the 14
approval is given. 15
`(3) If the notice is given as a result of a compliance assessment by the 16
local government, the local government must give the notice-- 17
(a) to the person who requested compliance assessment; and 18
(b) at the same time as the approved document is given. 19
`(4) If the notice is given as a result of a compliance assessment by a 20
private certifier, the local government must give the notice-- 21
(a) to the person who requested compliance assessment; and 22
(b) within 10 business days after the local government receives a 23
copy of the approved document, the subject of the assessment. 24
`(5) If the notice is given other than under subsection (2), (3) or (4), the 25
local government must give the notice to the owner of the land. 26
`(6) If the owner of the land is not the person given a notice under 27
subsections (2) to (4), the local government must give the owner of the land 28
a copy of the notice at the same time as the notice was given. 29
`(7) If the notice is given under subsection (2), (3) or (4)-- 30
s 59 121 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) the charge is not recoverable unless the entitlements under the 1
approval are exercised; and 2
(b) the notice lapses if the approval stops having effect.59 3
`5.1.8 When infrastructure charges are payable 4
`The infrastructure charge is payable-- 5
(a) if the application involves reconfiguring a lot that is assessable 6
development--before the approval by the local government of 7
the plan of subdivision; or 8
(b) if paragraph (a) does not apply and the application involves 9
building work that is assessable development or subject to 10
compliance assessment--before the certificate of classification 11
for the building work is issued; or 12
(c) if paragraphs (a) and (b) do not apply and the application 13
involves a material change of use--before the change; or 14
(d) if paragraphs (a), (b) and (c) do not apply--on the day stated in 15
the infrastructure charges notice. 16
`5.1.9 Agreements about, and alternatives to, paying infrastructure 17
charges 18
`(1) Despite sections 5.1.7 and 5.1.8, a person to whom an infrastructure 19
charges notice has been given may enter into a written agreement with the 20
local government about 1 or more of the following-- 21
(a) whether the charge may be paid at a different time from the time 22
stated in the notice, and whether it may be paid by instalments; 23
(b) whether infrastructure may be supplied instead of paying all or 24
part of the charge; 25
(c) whether the infrastructure may be supplied at a different time 26
from the time stated in the notice; 27
(d) whether infrastructure that delivers the same standard of service 28
as that identified in the priority infrastructure plan may be 29
59 See sections 3.5.25 (When approval lapses), 3.6.4 (Effect of notice) and 3.7.7
(Effect of approvals under this part).
s 59 122 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
supplied instead of the infrastructure identified in the 1
infrastructure charges schedule; 2
(e) if section 5.1.7(2) applies for the charge and the infrastructure is 3
land owned by the applicant--whether land in fee simple may be 4
given instead of paying the charge or part of the charge. 5
`(2) If the notice of charge states that infrastructure necessary to service 6
the premises is not yet available, an agreement under subsection (1)(b) 7
must state the arrangements for refunding to the applicant an amount for 8
the proportion of the establishment cost of the infrastructure that can 9
reasonably be apportioned to other users' premises. 10
`(3) For land for public parks infrastructure or land for local community 11
facilities, the local government may give the applicant a notice, in addition 12
to, or instead of, the notice given under section 5.1.7, requiring the person 13
to-- 14
(a) give to the local government, in fee simple, part of the land the 15
subject of the development application; or 16
(b) give to the local government, in fee simple, part of the land the 17
subject of the development application and an infrastructure 18
charge. 19
`(4) If the applicant is required to give land under subsection (3)(a), or a 20
combination of land and a charge under subsection (3)(b), the total value of 21
the contribution must not be more than the amount of the charge mentioned 22
in subsection (1). 23
`(5) The applicant must comply with the notice as soon as practicable. 24
`(6) If subsection (1)(e) or (3) applies and the land is to be given to the 25
local government for public parks infrastructure or local community 26
facilities, the land must be given on trust. 27
`5.1.10 Local government may supply different trunk infrastructure to 28
that identified in an infrastructure charges schedule 29
`(1) Despite section 5.1.5, a local government may supply trunk 30
infrastructure other than the trunk infrastructure identified in the 31
infrastructure charges schedule. 32
`(2) However, the trunk infrastructure supplied must deliver the same 33
standard of service as that identified in the priority infrastructure plan. 34
s 59 123 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
`5.1.11 Infrastructure charges taken to be a rate 1
`(1) An infrastructure charge levied by a local government is, for the 2
purposes of recovery, taken to be a rate within the meaning of the Local 3
Government Act 1993. 4
`(2) However, if the local government and an applicant enter into a 5
written agreement stating the charge is a debt owing to it by the applicant 6
or person, subsection (1) does not apply. 7
`Division 4--Trunk infrastructure funding under an infrastructure 8
payments schedule 9
`5.1.12 Making or amending infrastructure payments schedules 10
`(1) Despite section 2.1.5,60 an infrastructure payments schedule must be 11
prepared or amended in accordance with-- 12
(a) guidelines prescribed under a regulation; and 13
(b) the process stated in schedule 3, as if it were a planning scheme
61
14
policy. 15
`(2) The schedule, or the amendment of the schedule, has effect on and 16
from-- 17
(a) the day the adoption of the schedule, or the amendment of the 18
schedule, is first notified in a newspaper circulating generally in 19
the local government's area; or 20
(b) if a later day for the commencement of the schedule, or the 21
amendment of the schedule, is stated in the schedule, or the 22
amendment--the later day. 23
`5.1.13 Key elements of an infrastructure payments schedule 24
`(1) An infrastructure payments schedule must state each of the 25
following-- 26
60 Section 2.1.5 (Process for making or amending planning schemes)
61 Schedule 3 (Process for making or amending planning scheme policies)
s 59 124 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) a payment (an "infrastructure payment") for trunk 1
infrastructure identified in the schedule; 2
(b) the estimated proportion of the establishment cost of the trunk 3
infrastructure to be funded by the payment; 4
(c) the estimated establishment cost of future trunk infrastructure; 5
(d) each area in which the payment applies; 6
(e) each type of lot, work or use, for which the payment applies; and 7
(f) how the payment must be calculated for-- 8
(i) each area mentioned in paragraph (d); and 9
(ii) each type of lot, work or use mentioned in paragraph (e). 10
`(2) An infrastructure payment may also apply to trunk infrastructure-- 11
(a) despite section 2.1.2--that is not within, or completely within, 12
the local government's area; or 13
(b) that is not owned by the local government if the owner of the 14
infrastructure agrees; or 15
(c) supplied by a local government on a State-controlled road. 16
`5.1.14 Infrastructure payments 17
`(1) The infrastructure payments-- 18
(a) must be for trunk infrastructure; and 19
(b) must not be more than the proportion of the establishment cost of 20
the infrastructure that reasonably can be apportioned to the 21
premises for which the payments are stated. 22
`(2) However, a condition requiring an infrastructure payment must not 23
be imposed for a work or use of land authorised under the Mineral 24
Resources Act 1989. 25
`5.1.15 Imposing conditions for infrastructure payments 26
`(1) If a local government imposes a condition requiring an 27
infrastructure payment under an infrastructure payments schedule, the 28
condition must state each of the following-- 29
s 59 125 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) the amount of the payment;62 1
(b) when the payment must be made; 63
2
(c) the trunk infrastructure for which the payment must be made; 3
(d) whether the infrastructure is necessary to service the premises 4
but is not yet available; 5
(e) the person to whom the payment must be made. 6
`(2) However, for land for public parks infrastructure or land for 7
community facilities, the local government may, instead of imposing a 8
condition requiring an infrastructure payment, impose a condition 9
requiring the applicant to give to the local government, in fee simple-- 10
(a) part of the land the subject of the development application; or 11
(b) part of the land the subject of the development application and a 12
payment. 13
`(3) If the applicant is required to give land under subsection (2)(a), or a 14
combination of land and a payment under subsection (2)(b), the total value 15
of the contribution must not be more than the amount of the payment 16
mentioned in subsection (1). 17
`(4) If subsection (1)(b) or (2) applies and the land is to be given to the 18
local government for public parks infrastructure or local community 19
facilities, the land must be given on trust. 20
`(5) A condition imposed under this division complies with 21
section 3.5.29, to the extent the trunk infrastructure is necessary, but not yet 22
available, to service premises, even if the infrastructure is also intended to 23
service other premises. 24
`5.1.16 When payment must be made 25
`The infrastructure payment must be made-- 26
(a) if the application involves reconfiguring a lot that is assessable 27
development--before the approval by the local government of 28
the plan of subdivision; or 29
62 But see section 3.5.32 (Agreements).
63 See section 5.1.16 (When payment must be made).
s 59 126 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) if paragraph (a) does not apply and the application involves 1
building work that is assessable development--before the 2
certificate of classification for the building work is issued; or 3
(c) if paragraphs (a) and (b) do not apply and the application 4
involves a material change of use--before the change. 5
`5.1.17 Agreements about, and alternatives to, making infrastructure 6
payments 7
`(1) Despite sections 5.1.15 and 5.1.16, if a condition requiring an 8
infrastructure payment is imposed on a development approval, the 9
applicant may enter into a written agreement with the local government 10
about 1 or more of the following-- 11
(a) whether the payment may be made at a different time from the 12
time stated in the condition, and whether it may be made by 13
instalments; 14
(b) whether infrastructure may be supplied instead of making all or 15
part of the payment; 16
(c) whether the infrastructure may be supplied at a different time 17
from the time stated in the condition; 18
(d) whether infrastructure that delivers the same standard of service 19
as that identified in the priority infrastructure plan may be 20
supplied instead of the infrastructure identified in the 21
infrastructure payments schedule; 22
(e) if the infrastructure is land owned by the applicant--whether 23
land in fee simple may be given instead of making the payment 24
or part of the payment. 25
`(2) If the condition states that infrastructure necessary to service the 26
premises is not yet available, an agreement under subsection (1)(b) must 27
state the arrangements for refunding to the applicant an amount for the 28
proportion of the establishment cost of the infrastructure that can 29
reasonably be apportioned to other users' premises. 30
s 59 127 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
`5.1.18 Local government may supply different trunk infrastructure to 1
that identified in an infrastructure payments schedule 2
`(1) Despite section 5.1.13, a local government may supply trunk 3
infrastructure other than the trunk infrastructure identified in the 4
infrastructure payments schedule. 5
`(2) However, the trunk infrastructure supplied must deliver the same 6
standard of service as that identified in the priority infrastructure plan. 7
`Division 5--Conditions local governments may impose for additional 8
infrastructure costs 9
`5.1.19 Conditions local governments may impose for additional 10
infrastructure costs 11
`(1) If a local government imposes a condition requiring the payment of 12
additional trunk infrastructure costs, the condition may be imposed only if 13
the development-- 14
(a) is-- 15
(i) inconsistent with the assumptions stated in the priority 16
infrastructure plan; or 17
(ii) for premises completely or partly outside the priority 18
infrastructure area; and 19
(b) would impose additional trunk infrastructure costs on the 20
infrastructure provider after taking into account infrastructure 21
charges levied, or infrastructure payments imposed for the 22
development. 23
`(2) A condition mentioned in subsection (1) must state each of the 24
following-- 25
(a) why the condition is required; 26
(b) the amount of the payment required; 27
(c) details of the infrastructure for which the payment is required; 28
(d) when the payment must be made; 29
(e) the person to whom the payment must be made; 30
s 59 128 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(f) the applicant may elect to supply all or part of the infrastructure 1
instead of making payment for the infrastructure to be supplied; 2
(g) if the applicant makes an election under paragraph (f)-- 3
(i) any compliance requirements for supplying the 4
infrastructure; and 5
(ii) when the infrastructure must be supplied. 6
`(3) For subsection (2)(d), the payment must be made by the day the 7
development, or work associated with the development, starts unless the 8
applicant and the infrastructure provider otherwise agree in writing. 9
`(4) Subsection (5) applies if-- 10
(a) a development approval no longer has effect; and 11
(b) a payment for the additional costs of trunk infrastructure had 12
been made to the local government under the approval; and 13
(c) the infrastructure, the subject of the payment, had not been 14
supplied immediately before the approval ceased having effect. 15
`(5) The local government must repay the payment to the person who 16
made the payment. 17
`(6) A condition imposed under this division complies with 18
section 3.5.29, to the extent the trunk infrastructure is necessary, but not yet 19
available, to service premises, even if the infrastructure is also intended to 20
service other premises. 21
`(7) A local government may not impose a condition under this division 22
for State infrastructure. 23
`(8) Nothing in this division stops a local government from-- 24
(a) levying a charge, or imposing a condition requiring an 25
infrastructure payment, for the establishment cost of the 26
component of the trunk infrastructure included in the 27
infrastructure charges schedule or infrastructure payments 28
schedule; or 29
(b) imposing a condition for non-trunk infrastructure. 30
s 59 129 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
`5.1.20 Local government additional trunk infrastructure costs in 1
priority infrastructure areas 2
`(1) The costs that may be required by a local government under 3
section 5.1.19, for development completely in the priority infrastructure 4
area, may only include-- 5
(a) for trunk infrastructure to be supplied earlier than the time 6
anticipated in the priority infrastructure plan--the difference 7
between the establishment cost of the infrastructure made 8
necessary by the development and the amount of any charge paid 9
or payment made for the infrastructure; or 10
(b) for trunk infrastructure associated with a different type, scale or 11
intensity of development from that anticipated in the priority 12
infrastructure plan-- 13
(i) for a different type, a greater scale or a greater intensity of 14
development--the establishment cost of any additional 15
trunk infrastructure made necessary by the development; or 16
(ii) for a lesser scale or lesser intensity of development--the 17
difference between the establishment cost of the 18
infrastructure identified in the plan and the establishment 19
cost of the infrastructure necessary for the development. 20
`(2) The applicant may enter into an agreement with the infrastructure 21
provider to obtain a refund from other users for the proportion of the 22
establishment cost of the infrastructure-- 23
(a) that reasonably can be apportioned to the other users' premises 24
mentioned in subsection (1)(a); and 25
(b) collected under an infrastructure charges schedule or 26
infrastructure payments schedule. 27
`5.1.21 Local government additional trunk infrastructure costs outside 28
priority infrastructure areas 29
`(1) The costs that may be required under section 5.1.19, for 30
development completely or partly outside the priority infrastructure area, 31
may only include-- 32
(a) the establishment cost of any trunk infrastructure made necessary 33
by the development; and 34
s 59 130 s 59
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) the maintenance and operating costs of the infrastructure 1
mentioned in paragraph (a) for up to 5 years; and 2
(c) the establishment, maintenance and operating costs of any 3
temporary infrastructure required to ensure the safe or efficient 4
operation of the infrastructure mentioned in paragraph (a) for up 5
to 5 years. 6
`(2) Subsection (3) applies if the planning scheme indicates the premises 7
is part of an area intended for future development for-- 8
(a) residential purposes; or 9
(b) retail or commercial purposes; or 10
(c) industrial purposes. 11
`(3) For subsection (1)(a), trunk infrastructure made necessary by the 12
development includes the trunk infrastructure necessary to service the 13
balance of the area mentioned in subsection (2) to the point where the 14
premises connect to the infrastructure. 15
`Division 6--Miscellaneous 16
`5.1.22 Agreements for infrastructure partnerships 17
`(1) A person may enter into a written agreement with a public sector 18
entity about-- 19
(a) supplying or funding infrastructure; or 20
(b) refunding payments made towards the cost of supplying or 21
funding infrastructure. 22
`(2) Subsection (1) has effect despite divisions 1 to 5 or chapter 3, part 5, 23
division 6. 24
`5.1.23 Public notice of proposed sale of certain land held in trust by 25
local governments 26
`(1) Subsection (2) applies if-- 27
(a) a local government intends to sell land; and 28
(b) the land is land for public parks infrastructure or local 29
community facilities; and 30
s 60 131 s 60
Integrated Planning and Other Legislation
Amendment Bill 2001
(c) the local government completely or partly obtained the land in 1
relation to an infrastructure charge levied, or a condition of an 2
approval given, under this or the repealed Act. 3
`(2) The local government must advertise its intention to sell the land by 4
placing a notice of the sale in a newspaper circulating in the local 5
government's area. 6
`(3) The notice must contain-- 7
(a) a description of the land proposed to be sold; and 8
(b) the purpose for which the land was given on trust; and 9
(c) the reason for proposing to sell the land; and 10
(d) the reasonable time within which submissions must be made. 11
`5.1.24 Local government to consider all submissions 12
`The local government must consider all submissions in relation to the 13
notice before making a decision about the sale. 14
`5.1.25 Sale extinguishes the trust 15
`If a local government complies with sections 5.1.23 and 5.1.24 and sells 16
the land, the land is sold free of the trust.'. 17
60 Replacement of s 5.2.1 (Meaning of "infrastructure agreement")
Clause 18
Section 5.2.1-- 19
omit, insert-- 20
`5.2.1 Meaning of "infrastructure agreement" 21
`In this part-- 22
s 61 132 s 62
Integrated Planning and Other Legislation
Amendment Bill 2001
"infrastructure agreement" means an agreement, as amended from time 1
to time, mentioned in any of the following sections64-- 2
· section 3.5.32, to the extent the agreement is about a condition 3
for the payment for, or the supply of, infrastructure 4
· section 5.1.6(2) 5
· section 5.1.9 6
· section 5.1.17 7
· section 5.1.19 8
· section 5.1.20 9
· section 5.1.22.'. 10
61 Omission of s 5.2.2 (Agreements may be entered into about 11
infrastructure)
Clause 12
Section 5.2.2-- 13
omit. 14
62 Amendment of s 5.3.5 (Private certifier may decide certain 15
development applications and inspect and certify certain works)
Clause 16
Section 5.3.5(6) and (7)-- 17
omit, insert-- 18
`(6) If the private certifier approves the application, the private certifier 19
must-- 20
(a) within 5 business days after approving the application, give the 21
assessment manager a copy of-- 22
(i) the application; and 23
64 Section 3.5.32 (Agreements), section 5.1.6 (Infrastructure charges), section 5.1.9
(Agreements about, and alternatives to, paying infrastructure charges),
section 5.1.17 (Agreements about, and alternatives to, making infrastructure
payments), section 5.1.19 (Conditions local governments may impose for additional
infrastructure costs), section 5.1.20 (Local government additional trunk
infrastructure costs in priority infrastructure areas) and section 5.1.22 (Agreements
for infrastructure partnerships)
s 63 133 s 64
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) the decision notice or negotiated decision notice; and 1
(iii) any other documents prescribed under a regulation under 2
this or another Act; and 3
(b) if the assessment manager is the local government--pay the 4
assessment manager the fee fixed under subsection (8). 5
`(7) If the private certifier issues any certificate required by this or 6
another Act, the private certifier must-- 7
(a) within 5 business days after issuing the certificate, give the 8
assessment manager a copy of the certificate; and 9
(b) if the assessment manager is the local government--pay the 10
assessment manager the fee fixed under subsection (8). 11
`(8) The local government may, by local law or resolution, fix a 12
reasonable fee for accepting any document mentioned in subsection (6) 13
or (7). 14
`(9) The local government is taken to have always had power, by local 15
law or resolution, to fix a fee mentioned in subsection (8). 16
`(10) Subsection (9) does not affect a decision of a court made before the 17
commencement of the subsection in relation to a particular action about the 18
validity of a fee mentioned in subsection (8) fixed by local law or 19
resolution and imposed on a particular person.'. 20
63 Amendment of s 5.4.2 (Compensation for reduced value of interest 21
in land)
Clause 22
Section 5.4.2(b)-- 23
omit, insert-- 24
`(b) a development application (superseded planning scheme) 25
relating to the land has been made; and'. 26
64 Amendment of s 5.4.4 (Limitations on compensation under 27
ss 5.4.2 and 5.4.3)
Clause 28
(1) Section 5.4.4(1)(b), after `land'-- 29
insert-- 30
`or the clearing of vegetation'. 31
s 65 134 s 65
Integrated Planning and Other Legislation
Amendment Bill 2001
(2) Section 5.4.4(1)(e) and (f)-- 1
omit, insert-- 2
`(e) is about the matters comprising a priority infrastructure plan; or'. 3
(3) Section 5.4.4(1)(g) and (h)-- 4
renumber as section 5.4.4(1)(f) and (g). 5
65 Amendment of s 5.7.2 (Documents local government must keep 6
available for inspection and purchase)
Clause 7
(1) Section 5.7.2(1)(g) and (m)-- 8
omit. 9
(2) Section 5.7.2(1)-- 10
insert-- 11
`(m) each notice given by the local government in response to a 12
request to apply a superseded planning scheme to premises; 13
(na) a register (the "infrastructure charges register") of all 14
infrastructure charges levied by the local government; 15
(t) each compliance permit or compliance certificate given by, or to, 16
the local government.'. 17
(3) Section 5.7.2-- 18
insert-- 19
`(1A) The infrastructure charges register must, for each infrastructure 20
charge levied, include each of the following-- 21
(a) the real property description of the land to which the charge 22
applies; 23
(b) the infrastructure charges schedule under which the charge was 24
levied; 25
(c) the amount of the charge levied; 26
(d) the amount of the charge unpaid; 27
(e) the number of units of demand charged for; 28
s 66 135 s 68
Integrated Planning and Other Legislation
Amendment Bill 2001
(f) if the charge was levied as a result of a development 1
approval--the approval reference number and the day the 2
approval will lapse.'. 3
(4) Section 5.7.2(1)(h) to (na)-- 4
renumber as section 5.7.2(1)(g) to (n). 5
(5) Section 5.7.2(1A) and (2)-- 6
renumber as section 5.7.2(2) and (3). 7
66 Amendment of s 5.7.4 (Documents assessment manager must keep 8
available for inspection and purchase)
Clause 9
(1) Section 5.7.4(1)(a), after `manager'-- 10
insert-- 11
`, together with any document, including, for example, plans, referenced 12
in the notice'. 13
(2) Section 5.7.4(1)(c), after `development application'-- 14
insert-- 15
`or change application'. 16
67 Amendment of s 5.7.5 (Documents assessment manager must keep 17
available for inspection only)
Clause 18
Section 5.7.5(3)(e)(v), `minor change to the approval'-- 19
omit, insert-- 20
`change to the approval under chapter 3, part 6'. 21
68 Amendment of s 5.7.6 (Documents chief executive must keep 22
available for inspection and purchase)
Clause 23
(1) Section 5.7.6(f)-- 24
omit, insert-- 25
`(f) each notice given to the chief executive under section 3.5.26;'. 26
(2) Section 5.7.6(j), after `development application'-- 27
s 69 136 s 70
Integrated Planning and Other Legislation
Amendment Bill 2001
insert-- 1
`or change application'. 2
(3) Section 5.7.6(k), `3.6.9(1)' 3
omit, insert-- 4
`3.8.12(1)'. 5
(4) Section 5.7.6-- 6
insert-- 7
`(l) each final terms of reference, EIS and EIS assessment report 8
prepared in accordance with chapter 5, part 7A; 9
(m) if the State has entered into a bilateral agreement with the 10
Commonwealth under the Environment Protection and 11
Biodiversity Conservation Act 1999 (Cwlth)--any material the 12
agreement requires to be made publicly available by the State; 13
(n) each guideline issued by the chief executive under section 5.8.8.'. 14
(5) Section 5.7.6-- 15
insert-- 16
`(2) The documents mentioned in subsection (1) may be contained in 17
hard copy or electronic form.'. 18
69 Amendment of s 5.7.7 (Documents chief executive must keep 19
available for inspection only)
Clause 20
Section 5.7.7-- 21
insert-- 22
`(2) The documents mentioned in subsection (1) may be contained in 23
hard copy or electronic form.'. 24
70 Replacement of s 5.7.9 (Limited planning and development 25
certificates)
Clause 26
Section 5.7.9-- 27
omit, insert-- 28
s 71 137 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
`5.7.9 Limited planning and development certificates 1
`A limited planning and development certificate must contain the 2
following information for premises-- 3
(a) details of the provisions of any planning scheme, including a 4
related infrastructure charges schedule, applying specifically to 5
the premises; 6
(b) a description of any designations applying to the premises.'. 7
71 Amendment of s 5.7.10 (Standard planning and development 8
certificates)
Clause 9
(1) Section 5.7.10(1)-- 10
insert-- 11
`(aa) details of any decision to approve or refuse an application to 12
amend a planning scheme made under section 4.3 of the repealed 13
Act, including any conditions of approval; 14
(ab) a copy of any information recorded for the premises in the 15
infrastructure charges register;'. 16
(2) Section 5.7.10(1)(b), `minor'-- 17
omit. 18
(3) Section 5.7.10(1)(aa) to (f)-- 19
renumber as section 5.7.10(1)(b) to (h). 20
72 Insertion of new ch 5, pt 7A
Clause 21
In chapter 5-- 22
insert-- 23
`PART 7A--ENVIRONMENTAL IMPACT STATEMENTS 24
`Division 1--Preliminary 25
`5.7A.1 When EIS process applies 26
`This part applies-- 27
s 72 138 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) in circumstances prescribed under a regulation, for 1
development-- 2
(i) that is, or is proposed to be, the subject of a development 3
application; or 4
(ii) for community infrastructure intended to be carried out on 5
land proposed to be designated for the infrastructure; and 6
(b) for a controlled action under the Environment Protection and 7
Biodiversity Conservation Act 1999 (Cwlth)--if the chief 8
executive agrees in writing with the applicant to apply this part. 9
`5.7A.2 Purpose of EIS process 10
The purpose of the EIS process is as follows-- 11
(a) to assess-- 12
(i) the potential adverse and beneficial environmental, 13
economic and social impacts of the development; and 14
(ii) management, monitoring, planning and other measures 15
proposed to minimise any adverse environmental impacts of 16
the development; 17
(b) if practicable, to consider feasible alternative ways to carry out 18
the development; 19
(c) to give enough information about the matters mentioned in 20
paragraphs (a) and (b) to the proponent, Commonwealth and 21
State authorities and the public; 22
(d) to prepare or propose an environmental management plan for the 23
development; 24
(e) for development under section 5.7A.1(a)--to help the assessment 25
manager and any concurrence agencies to make an informed 26
decision about the development application; 27
(f) for development under section 5.7A.1(b)--to help the designator 28
to make an informed decision about-- 29
(i) whether or not to proceed with a proposed designation; and 30
s 72 139 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) if the designation proceeds--the requirements included in 1
the designation;65 2
(g) to meet any assessment requirements under-- 3
(i) the Commonwealth Environment Act for development that 4
is, or includes, a controlled action under that Act; or 5
(ii) a bilateral agreement;66 6
(h) to allow the State to meet its obligations, if any, under a bilateral 7
agreement. 8
`Division 2--EIS process 9
`5.7A.3 Applying for terms of reference 10
`(1) A proponent of development to which this part applies must apply to 11
the chief executive for terms of reference for an EIS for the development. 12
`(2) The application must be made in the approved form and be 13
accompanied by the fee prescribed under a regulation. 14
`(3) If an applicant proposes to make 1 or more applications for 15
preliminary approval for the development, the EIS must be prepared for the 16
first of the applications. 17
`(4) However, if the chief executive agrees that the EIS can be prepared 18
for a stated later application, the EIS must be prepared for that application. 19
`5.7A.4 Draft terms of reference for EIS 20
`(1) Subsection (2) applies-- 21
(a) after the chief executive receives the application; and 22
65 See section 2.6.4.
66 For controlled actions under the Commonwealth Protection and Biodiversity
Conservation Act 1999, see section 67 (What is a controlled action?) of that Act.
For assessment requirements of controlled actions, see chapter 4, part 8 (Assessing
impacts of controlled actions) of that Act.
For bilateral agreements, see chapter 3 (Bilateral agreements) of that Act.
s 72 140 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) if the chief executive is satisfied draft terms of reference for the 1
EIS should be publicly notified; and 2
(c) after consulting the relevant entities mentioned in 3
section 5.7A.13(b) and (c). 4
`(2) The chief executive must prepare draft terms of reference that allow 5
the purposes of the EIS to be achieved for the development. 6
`(3) The chief executive must publish a notice stating each of the 7
following-- 8
(a) a description of the development and of the land on which the 9
development is proposed to be carried out; 10
(b) that the chief executive has prepared draft terms of reference for 11
the EIS; 12
(c) where a copy of the draft terms of reference may be inspected 13
and, on payment of a reasonable fee, purchased; 14
(d) that anyone may make written comments to the chief executive 15
about the draft terms of reference; 16
(e) the day by which comments must be made (the "last day for 17
making comments") and the address for making comments; 18
(f) another matter prescribed under a regulation. 19
`(4) The notice must be published at least once in the way prescribed 20
under a regulation. 21
`(5) The last day for making comments must not be earlier than 22
15 business days after the notice is published. 23
`(6) The fee mentioned in subsection (3)(c) must not be more than the 24
actual cost of producing the copy. 25
`(7) The chief executive must, until the last day for making comments, 26
keep-- 27
(a) a copy of the draft terms of reference available for inspection and 28
purchase; and 29
(b) brief details about the draft terms of reference available on the 30
department's web site on the internet. 31
`(8) Until the last day for making comments, any person may make 32
written comments to the chief executive about the draft terms of reference. 33
s 72 141 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
`(9) Also, the chief executive must give a copy of the notice and the draft 1
terms of reference to-- 2
(a) each local government whose local government area the chief 3
executive is satisfied the draft terms of reference relate; and 4
(b) for development that is, or is proposed to be, the subject of a 5
development application--each entity that is, or would be, a 6
referral agency. 7
`(10) A local government receiving a copy of the draft terms of reference 8
must make the copy available for inspection and purchase until the last day 9
of the comment period. 10
`5.7A.5 Terms of reference for EIS 11
`(1) The chief executive must-- 12
(a) if the chief executive has acted under section 5.7A.4--finalise the 13
terms of reference and give them to the proponent within 14
10 business days after the end of the comment period; or 15
(b) if the chief executive has not prepared draft terms of 16
reference--prepare terms of reference and give them to the 17
proponent within 20 business days after the chief executive 18
receives the application. 19
`(2) For subsection (1)(a), the chief executive must take account of any 20
comments received on or before the last day for making comments. 21
`(3) The chief executive may extend the period for preparing or finalising 22
the terms of reference if the chief executive gives the proponent notice of 23
the extension before the period ends. 24
`(4) The notice must state a new day by which the chief executive must 25
give the proponent the terms of reference. 26
`(5) The chief executive must, within 5 business days after the chief 27
executive gave a copy of the terms of reference to the proponent, also give 28
a copy of the terms of reference to-- 29
(a) to the extent the development for which the terms of reference 30
have been prepared is, or is proposed to be, the subject of a 31
development application-- 32
(i) the assessment manager and all referral agencies; or 33
s 72 142 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) the entities that would be the assessment manager and all 1
referral agencies for a development application for the 2
development, if an application is made; and 3
(b) to the extent the development for which the terms of reference 4
have been prepared is for community infrastructure intended to 5
be carried out on land proposed to be designated for the 6
infrastructure--the entity who would be the designator under 7
chapter 2, part 6. 8
`5.7A.6 Preparation of draft EIS 9
`(1) The proponent must prepare a draft EIS and give it to the chief 10
executive. 11
`(2) If the chief executive is satisfied the draft EIS addresses the terms of 12
reference and includes any matters stated for inclusion in the draft EIS 13
under guidelines made by the chief executive under section 5.8.8, the chief 14
executive must give the proponent a written notice to that effect. 15
`5.7A.7 Public notification of draft EIS 16
`(1) After the proponent has received notice under section 5.7A.6(2), the 17
proponent must-- 18
(a) publish a notice stating each of the following-- 19
(i) a description of the development and of the land on which 20
the development is proposed to be carried out; 21
(ii) where a copy of the draft EIS and any associated documents 22
decided by the chief executive may be inspected and, on 23
payment of a reasonable fee, purchased; 24
(iii) that anyone may make written submissions to the chief 25
executive about the draft EIS; 26
(iv) the day by which submissions must be made (the "last day 27
for making submissions") and the address for making a 28
submission; 29
(v) another matter prescribed under a regulation; and 30
s 72 143 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) to the extent the development for which the EIS has been 1
prepared is, or is proposed to be, the subject of a development 2
application, give a copy of the draft EIS to-- 3
(i) the assessment manager and all referral agencies; or 4
(ii) the entities that would be the assessment manager and all 5
referral agencies for a development application for the 6
development, if an application is made; and 7
(c) to the extent the development for which the EIS has been 8
prepared is for community infrastructure intended to be carried 9
out on land proposed to be designated for the infrastructure, give 10
a copy of the draft EIS to the entity who would be the designator 11
under chapter 2, part 6. 12
`(2) The notice must be published at least once in the way prescribed 13
under a regulation. 14
`(3) The last day for making submissions must not be earlier than 15
30 business days after the notice is published. 16
`(4) The fee mentioned in subsection (1)(a) must not be more than the 17
actual cost of producing the copy. 18
`(5) The chief executive must, until the last day for making submissions, 19
keep-- 20
(a) a copy of the draft EIS and any associated documents decided by 21
the chief executive available for inspection and purchase; and 22
(b) brief details about the draft EIS available on the department's 23
web site on the internet. 24
`(6) The chief executive must give a copy of the notice and the draft EIS 25
to each local government whose local government area the chief executive 26
is satisfied the EIS relates. 27
`(7) A local government receiving a copy of the draft EIS must make the 28
copy available for inspection and purchase until the last day for making 29
submissions. 30
`5.7A.8 Making submissions on draft EIS 31
`(1) Until the last day for making submissions-- 32
s 72 144 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) any person may make a submission to the chief executive about 1
the draft EIS; and 2
(b) the chief executive must accept properly made submissions about 3
the draft EIS. 4
`(2) However, the chief executive may accept a submission even if the 5
submission is not a properly made submission. 6
`(3) If the chief executive accepts a submission, the person who made the 7
submission may, by notice given to the chief executive-- 8
(a) until the last day for making submissions--amend the 9
submission; or 10
(b) at any time before the chief executive gives the EIS to the 11
assessment manager--withdraw the submission. 12
`5.7A.9 Chief executive evaluates draft EIS, submissions and other 13
relevant material 14
`(1) The chief executive must, after the last day for making submissions 15
and consulting the relevant entities mentioned in section 5.7A.13(b) 16
and (c), consider each of the following-- 17
(a) the draft EIS; 18
(b) all properly made submissions; 19
(c) other submissions accepted by the chief executive about the draft 20
EIS; 21
(d) any other material the chief executive considers is relevant to the 22
draft EIS. 23
`(2) After considering the matters mentioned in subsection (1), the chief 24
executive must give the proponent a notice-- 25
(a) asking the proponent to change the draft EIS in a way stated in 26
the notice; or 27
(b) stating the chief executive has accepted the draft EIS as the EIS 28
for the development. 29
`(3) The chief executive's action under subsection (2) must be based on 30
the chief executive's considerations under subsection (1). 31
s 72 145 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
`(4) If the chief executive asks the proponent to change the draft EIS, the 1
chief executive must, when the chief executive is satisfied with the changed 2
draft EIS, give the proponent a notice stating the chief executive has 3
accepted the changed draft as the EIS for the development. 4
`5.7A.10 EIS assessment report 5
The chief executive must prepare a report (an "EIS assessment report") 6
about the EIS within 30 business days after the chief executive gave the 7
proponent the notice under section 5.7A.9(2)(b). 8
`5.7A.11 Criteria for preparing report 9
In preparing the EIS assessment report, the chief executive must 10
consider each of the following-- 11
(a) the terms of reference for the EIS; 12
(b) the EIS; 13
(c) all properly made submissions and any other submissions 14
accepted by the chief executive; 15
(d) any other material the chief executive considers is relevant to 16
preparing the report. 17
`5.7A.12 Required content of report 18
The EIS assessment report must-- 19
(a) address the adequacy of the EIS in addressing the terms of 20
reference; and 21
(b) address the adequacy of any environmental management plan for 22
the development; and 23
(c) make recommendations about the suitability of the development; 24
and 25
(d) recommend any conditions on which any approval required for 26
the development may be given; and 27
(e) contain any other matter prescribed under a regulation. 28
s 72 146 s 72
Integrated Planning and Other Legislation
Amendment Bill 2001
`5.7A.13 Who the chief executive must give EIS and other material to 1
`The chief executive must, within 5 business days after the chief 2
executive completes the EIS assessment report, give the EIS, copies of all 3
properly made submissions, copies of submissions the chief executive has 4
accepted and the EIS assessment report, to-- 5
(a) the proponent; and 6
(b) to the extent the development for which the EIS has been 7
prepared is, or is proposed to be, the subject of a development 8
application-- 9
(i) the assessment manager and all referral agencies; or 10
(ii) the entities that would be the assessment manager and all 11
referral agencies for a development application for the 12
development, if an application is made; and 13
(c) to the extent the development for which the EIS has been 14
prepared is for community infrastructure intended to be carried 15
out on land proposed to be designated for the infrastructure--the 16
entity who would be the designator under chapter 2, part 6. 17
`Division 3--How EIS process affects IDAS 18
`5.7A.14 How IDAS applies for development the subject of an EIS 19
`(1) Subsection (2) applies to a development application to the extent the 20
development is the subject of the EIS. 21
`(2) For the application-- 22
(a) the information period and the notification stage do not apply; 23
and 24
(b) for development requiring impact assessment--a properly made 25
submission about the draft EIS is taken to be a properly made 26
submission about the application; and 27
(c) the EIS and the EIS assessment report are part of the supporting 28
material; and 29
(d) if there is a referral agency--the referral agency's assessment 30
period does not start unless the chief executive gives the referral 31
agency the material under section 5.7A.13; and 32
s 73 147 s 74
Integrated Planning and Other Legislation
Amendment Bill 2001
(e) if there is no referral agency--the decision stage does not start 1
unless the chief executive gives the assessment manager the 2
material under section 5.7A.13; and 3
(f) if the application is changed in a way that section 3.2.10 applies 4
to the change--the EIS process starts again for the development. 5
`(3) If the application has not been made, subsection (2) applies only to 6
the extent-- 7
(a) the application is made within 3 months after the chief executive 8
gives the applicant all of the material as required by 9
section 5.7A.13; and 10
(b) the development is substantially the same as the development to 11
which the EIS relates. 12
`Division 4--How EIS process affects designation 13
`5.7A.15 Matters a designator must consider 14
`(1) Subsection (2) applies to the extent the development, the subject of 15
the EIS, is development for community infrastructure intended to be 16
carried out on land proposed to be designated for the infrastructure. 17
`(2) In fulfilling the designator's duties under sections 1.2.2(1)(a) 18
and 1.2.3(1), the designator must have regard to the EIS and the EIS 19
assessment report.'. 20
73 Amendment of s 5.8.2 (Regulation-making power)
Clause 21
Section 5.8.2.(2)-- 22
insert-- 23
`(c) prescribe a minor change of use that is not a material change of 24
use.'. 25
74 Amendment of s 5.8.4 (Application of Judicial Review Act 1991)
Clause 26
(1) Section 5.8.4(1), `The'-- 27
omit, insert-- 28
s 75 148 s 75
Integrated Planning and Other Legislation
Amendment Bill 2001
`Subject to subsection (2), the'. 1
(2) Section 5.8.4-- 2
insert-- 3
`(1A) A person who, but for subsection (1), could have made an 4
application under that Act in relation to a matter mentioned in 5
subsection (1), may apply under part 4 of that Act for a statement of 6
reasons in relation to the matter.'. 7
(3) Section 5.8.4(2), `but without limiting subsection (1)'-- 8
omit, insert-- 9
`for subsection (1)'. 10
(4) Section 5.8.4(2), `, 4'-- 11
omit. 12
(5) Section 5.8.4(1A) and (2)-- 13
renumber as 5.8.4(2) and (3). 14
75 Insertion of new s 5.8.8
Clause 15
In chapter 5, part 8, after section 5.8.7-- 16
insert-- 17
`5.8.8 Chief executive may issue guidelines 18
`(1) The chief executive may issue guidelines about-- 19
(a) matters to be considered in deciding if an action is a material 20
change of use; or 21
(b) environmental assessment and public consultation procedures for 22
designating land for community infrastructure under chapter 2, 23
part 6. 24
`(2) Before issuing a guideline, the chief executive must consult with any 25
entity the chief executive considers appropriate about the issuing of the 26
guideline. 27
`(3) If a guideline is issued, the chief executive must-- 28
(a) notify the making of the guideline in the gazette; and 29
(b) keep the guideline available for inspection and purchase.'. 30
s 76 149 s 78
Integrated Planning and Other Legislation
Amendment Bill 2001
76 Amendment of s 6.1.28 (IDAS must be used for processing 1
applications)
Clause 2
Section 6.1.28(2) and (3)-- 3
omit, insert-- 4
`(2) If an application mentioned in subsection (1) were an application for 5
the same development under the repealed Act and would have required 6
public notification under the repealed Act, the application must be 7
processed as if it were a development application requiring impact 8
assessment. 9
`(3) If an application mentioned in subsection (1) were an application for 10
the same development under the repealed Act and would not have required 11
public notification under the repealed Act, the application must be 12
processed as if it were a development application requiring code 13
assessment.'. 14
77 Amendment of s 6.1.29 (Assessing applications (other than against 15
the Standard Building Regulation))
Clause 16
(1) Section 6.1.29(2), `3.5.4 and 3.5.5'-- 17
omit, insert-- 18
`3.5.5 and 3.5.6 '.
67
19
(2) Section 6.1.29(3)-- 20
insert-- 21
`(da)any temporary local planning instrument;'. 22
(3) Section 6.1.29(3)(da) to (i)-- 23
renumber as section 6.1.29(3)(e) to (j). 24
78 Amendment of s 6.1.31 (Conditions about infrastructure for 25
applications)
Clause 26
(1) Section 6.1.31(2)(b), `3.5.32(1)(b)'-- 27
omit, insert-- 28
67 Sections 3.5.5 (Development requiring code assessment) and 3.5.6 (Development
requiring impact assessment or not requiring code assessment)
s 79 150 s 79
Integrated Planning and Other Legislation
Amendment Bill 2001
`3.5.31(1)(b)'. 1
(2) Section 6.1.31(3)(b)-- 2
omit, insert-- 3
`(b) if the application is being decided under an IPA planning 4
scheme, subsection (2) applies only until-- 5
(i) 31 March 2003; or 6
(ii) if the Minister, by gazette notice, nominates a later day for a 7
particular planning scheme--the later day.'. 8
(3) Section 6.1.31(4) and (5)-- 9
omit, insert-- 10
`(4) Subsection (5) applies if a local government is deciding a 11
development application only under a transitional planning scheme. 12
`(5) For deciding the application and to the extent the application is 13
about the aspects of the application to be decided by the local 14
government-- 15
(a) section 3.5.31(1)(b)68 does not apply; and 16
(b) chapter 5, part 1, division 5 does not apply.'.
69
17
79 Replacement of s 6.1.35C (Applications requiring referral 18
coordination)
Clause 19
Section 6.1.35C-- 20
omit, insert-- 21
`6.1.35C Future effect of approvals for applications mentioned in 22
s 3.1.6 23
`(1) Subsection (2) applies if-- 24
(a) a development application in which the applicant sought to vary 25
the effect of a planning scheme in 1 or more of the ways 26
mentioned in section 3.1.6(2), as that section was immediately 27
before the commencement of this section, is made; and 28
68 Section 3.5.31 (Conditions that can not be imposed)
69 Chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding), division 5
(Conditions local governments may impose for additional infrastructure costs)
s 80 151 s 81
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) the application was made before the commencement of this 1
section; and 2
(c) the application has been, or is, approved. 3
`(2) To the extent the approval does either or both of the following, the 4
approval is valid-- 5
(a) approves the development applied for; 6
(b) does 1 or more of the things mentioned in section 3.1.6(3) 7
or 3.1.6(5), as that section was immediately before the 8
commencement of this section.'. 9
80 Omission of s 6.1.44 (Conditions may be changed or cancelled by 10
assessment manager or concurrence agency in certain 11
circumstances)
Clause 12
Section 6.1.44-- 13
omit. 14
81 Replacement of ch 6, pt 2 (Repeals)
Clause 15
Chapter 6, part 2-- 16
omit, insert-- 17
`PART 2--TRANSITIONAL PROVISIONS FOR 18
INTEGRATED PLANNING AND OTHER LEGISLATION 19
AMENDMENT ACT 2001 20
`6.2.1 Transitional provisions for infrastructure charges plans 21
`(1) If immediately before the commencement of this section an 22
infrastructure charges plan was in force-- 23
(a) the infrastructure charges plan continues to have effect as if it 24
were an infrastructure charges schedule; and 25
(b) a reference to-- 26
(i) the infrastructure charges plan is taken to be a reference to 27
an infrastructure charges schedule; and 28
s 82 152 s 82
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) infrastructure identified in the plan is taken to be a reference 1
to trunk infrastructure. 2
`(2) If immediately before the commencement of this section a local 3
government was preparing an infrastructure charges plan, the local 4
government may continue to prepare the plan as if the Integrated Planning 5
and Other Legislation Amendment Act 2001 had not commenced. 6
`(3) If a plan mentioned in subsection (2), is adopted by the local 7
government after the commencement of this section-- 8
(a) the plan is taken to be an infrastructure charges schedule; and 9
(b) a reference to-- 10
(i) the plan is taken to be a reference to an infrastructure 11
charges schedule; and 12
(ii) infrastructure identified in the plan is taken to be a reference 13
to trunk infrastructure. 14
`6.2.2 References to operational work 15
`If before the commencement of this section an Act or planning 16
instrument referred to operational work for a matter, the reference is taken 17
to be a reference to operational work as defined in this Act immediately 18
before the commencement of this section.'. 19
82 Amendment of sch 1 (Process for making or amending planning 20
schemes)
Clause 21
(1) Schedule 1, section 2-- 22
omit, insert-- 23
`2 Local government may shorten process for amendments to 24
planning schemes 25
`(1) Sections 3 to 8 do not apply to an amendment of a planning scheme. 26
`(2) Sections 10 to 18 also do not apply if the amendment is a minor 27
amendment.'. 28
(2) Schedule 1, section 4-- 29
omit. 30
(3) Schedule 1, section 11, heading-- 31
s 83 153 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
omit, insert-- 1
`11 Considering proposed planning scheme for adverse affects on 2
State interests'. 3
(4) Schedule 1, section 11(3A)-- 4
omit. 5
(5) Schedule 1, section 11(4)-- 6
omit, insert-- 7
`(4) A condition imposed under subsection (2)(b)(ii) may only be for the 8
purpose of providing public access to the proposed planning scheme to an 9
extent greater than otherwise provided for in this schedule.'. 10
83 Omission of schs 6 and 7
Clause 11
Schedules 6 and 7-- 12
omit. 13
84 Replacement of sch 8 (Assessable, self-assessable and exempt 14
development)
Clause 15
Schedule 8-- 16
omit, insert-- 17
`SCHEDULE 8 18
`ASSESSABLE AND SELF-ASSESSABLE 19
DEVELOPMENT 20
schedule 10, definitions "assessable development" and "self-assessable 21
development" 22
`PART 1--ASSESSABLE DEVELOPMENT 23
`1. Making a material change of use of premises for-- 24
s 84 154 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) an environmentally relevant activity, other than a mining activity; 1
or 2
(b) a major hazard facility, or possible major hazard facility, as 3
defined under the Dangerous Goods Safety Management Act 4
2001; or 5
(c) a brothel. 6
`2. Making a material change of use of premises on strategic port land 7
that is inconsistent with a land use plan approved under the Transport 8
Infrastructure Act 1994, section 171.70 9
`3. Reconfiguring a lot under the Land Title Act 1994, unless the plan of 10
subdivision necessary for the reconfiguration-- 11
(a) is a building format plan of subdivision that does not subdivide 12
land on or below the surface of the land; or 13
(b) is for the amalgamation of 2 or more lots; or 14
(c) is in relation to the acquisition, including by agreement, under 15
the Acquisition of Land Act 1967, of land by a constructing 16
authority, as defined under that Act, for a purpose set out in 17
paragraph (a) of the schedule to that Act; or 18
(d) is in relation to the acquisition by agreement, other than under 19
the Acquisition of Land Act 1967, of land by a constructing 20
authority, as defined under that Act, for a purpose set out in 21
paragraph (a) of the schedule to that Act; or 22
(e) is in relation to land held by the State, or a statutory body 23
representing the State and the land is being subdivided for a 24
purpose set out in the Acquisition of Land Act 1967, schedule, 25
paragraph (a); or 26
(f) is for the reconfiguration of a lot comprising strategic port land 27
as defined under the Transport Infrastructure Act 1994. 28
`4. Carrying out work that is the clearing of native vegetation on 29
freehold land, unless the clearing is-- 30
(a) to the extent necessary to build a single residence and any 31
reasonably associated building or structure; or 32
(b) necessary for essential management; or 33
70 Transport Infrastructure Act 1994, section 171 (Approval of land use plans)
s 84 155 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
(c) necessary for routine management in an area that is outside-- 1
(i) an area of high nature conservation value; and 2
(ii) an area vulnerable to land degradation; and 3
(iii) a remnant endangered regional ecosystem shown on a 4
regional ecosystem map; or 5
(d) in an urban area, other than an area mentioned in paragraph (c)(i) 6
or (iii); or 7
(e) in a non-urban area, other than an area mentioned in 8
paragraph (c), and is-- 9
(i) for the reconfiguration of a lot not involving the opening of 10
a road; or 11
(ii) the natural and ordinary consequence of other assessable 12
development and the total area of the part of the land on 13
which the development is carried out is less than 5 ha; or 14
(f) for a mining activity; or 15
(g) by fire under the Fire and Rescue Authority Act 1990; or 16
(h) for the conservation or restoration of natural areas; or 17
(i) for work that is ancillary works and encroachments that are 18
carried out in accordance with requirements specified by gazette 19
notice by the chief executive under the Transport Infrastructure 20
Act 1994 or done as required by a contract entered into with the 21
chief executive under the Transport Infrastructure Act 1994, 22
section 47. 23
`5. Carrying out work that is operations of any kind and all things 24
constructed or installed that allow taking, or interfering with, water (other 25
than using a water truck to pump water) under the Water Act 2000 if the 26
operations allow, under that Act-- 27
(a) taking, or interfering with, water from a watercourse, lake or 28
spring (other than under the Water Act 2000, section 20(2), (3) 29
or (5)) or from a dam constructed on a watercourse; or 30
(b) taking, or interfering with, artesian water under the Water Act 31
2000; or 32
(c) taking, or interfering with-- 33
s 84 156 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
(i) overland flow water, if the operations are mentioned as 1
assessable development in a water resource plan under the 2
Water Act 2000; or 3
(ii) subartesian water, if the operations are mentioned as 4
assessable development in a water resource plan under the 5
Water Act 2000 or prescribed under a regulation; or 6
(d) controlling the flow of water into or out of a watercourse, lake or 7
spring in an area declared under the Water Act 2000 to be a 8
drainage and embankment area, if the operations are declared 9
under the Water Act 2000 to be assessable development. 10
`6. Carrying out work-- 11
(a) that is the construction of a referable dam under the Water Act 12
2000; or 13
(b) that will increase the storage capacity of a referable dam by more 14
than 10%. 15
`PART 2--SELF-ASSESSABLE DEVELOPMENT 16
`1. All building work declared under the Standard Building Regulation 17
to be self-assessable development. 18
`2. All building work carried out by or on behalf of the State, a public 19
sector entity or a local government, other than building work declared 20
under the Standard Building Regulation to be exempt development. 21
`3. Carrying out work that is operations of any kind and all things 22
constructed or installed for taking water if the operations allow-- 23
(a) taking water from a watercourse, lake or spring under the Water 24
Act 2000, section 20(3); or 25
(b) taking, or interfering with-- 26
(i) overland flow water, if the operations are mentioned as 27
self-assessable development in a water resource plan under 28
the Water Act 2000; or 29
s 84 157 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) subartesian water, if the operations are mentioned as 1
self-assessable development in a water resource plan under 2
the Water Act 2000 or prescribed under a regulation; or 3
(c) controlling the flow of water into or out of a watercourse, lake or 4
spring in an area declared under the Water Act 2000 to be a 5
drainage and embankment area if the operations are declared 6
under the Water Act 2000 to be self-assessable development. 7
`SCHEDULE 9 8
`DEVELOPMENT THAT IS EXEMPT DEVELOPMENT 9
FOR A PLANNING SCHEME 10
section 3.1.2(3) 11
`1. Development for an activity authorised under-- 12
(a) the Mineral Resources Act 1989, including an activity for the 13
purpose of 1 or more of the following Acts-- 14
· Alcan Queensland Pty. Limited Agreement Act 1965 15
· Aurukun Associates Agreement Act 1975 16
· Central Queensland Coal Associates Agreement Act 1968 17
· Commonwealth Aluminium Corporation Pty. Limited 18
Agreement Act 1957 19
· Mount Isa Mines Limited Agreement Act 1985 20
· Queensland Cement & Lime Company Limited Agreement 21
Act 1977 22
· Queensland Nickel Agreement Act 1970 23
· Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; or 24
(b) the Petroleum Act 1923 (other than an activity relating to the 25
construction and operation of an oil refinery); or 26
s 84 158 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
(c) the Petroleum (Submerged Lands) Act 1982; or 1
(d) the Offshore Minerals Act 1998. 2
`2. A material change of use of premises implied by work if the work 3
was substantially commenced by the State, or an entity acting for the State, 4
before 31 March 2000. 5
`3. A mining activity to which an environmental authority (mining 6
activities) under the Environmental Protection Act 1994 applies. 7
`4. A material change of use for a class 1 or class 2 building under the 8
Building Code of Australia, part A3 if the use is for providing support 9
services and short term accommodation for persons escaping domestic 10
violence. 11
`5. Work associated with-- 12
(a) management practices for the conduct of an agricultural use, 13
other than-- 14
(i) the clearing of native vegetation on freehold land; or 15
(ii) operations of any kind and all things constructed or installed 16
for taking, or interfering with, water (other than using a 17
water truck to pump water) if the operations are for taking, 18
or interfering with, water under the Water Act 2000; or 19
(b) weed or pest control, unless it involves the clearing of native 20
vegetation; or 21
(c) the use of fire under the Fire and Rescue Authority Act 1990; or 22
(d) the conservation or restoration of natural areas; or 23
(e) the use of premises for forest practices. 24
`6. Reconfiguring a lot other than a lot within the meaning of the Land 25
Title Act 1994. 26
`7. Reconfiguring a lot under the Land Title Act 1994, if the plan of 27
subdivision necessary for the reconfiguration-- 28
(a) is a building format plan of subdivision that does not subdivide 29
land on or below the surface of the land; or 30
(b) is for the amalgamation of 2 or more lots; or 31
(c) is in relation to the acquisition, including by agreement, under 32
the Acquisition of Land Act 1967, of land by a constructing 33
s 84 159 s 84
Integrated Planning and Other Legislation
Amendment Bill 2001
authority, as defined under that Act, for a purpose set out in 1
paragraph (a) of the schedule to that Act; or 2
(d) is in relation to the acquisition by agreement, other than under 3
the Acquisition of Land Act 1967, of land by a constructing 4
authority, as defined under that Act, for a purpose set out in 5
paragraph (a) of the schedule to that Act; or 6
(e) is in relation to land held by the State, or a statutory body 7
representing the State and the land is being subdivided for a 8
purpose set out in the Acquisition of Land Act 1967, schedule, 9
paragraph (a); or 10
(f) is for the reconfiguration of a lot comprising strategic port land 11
as defined under the Transport Infrastructure Act 1994. 12
`8. Development a person is directed to carry out under a notice, order or 13
direction made under a State law. 14
`9. Work for removing quarry material from a State forest, timber 15
reserve, forest entitlement area or Crown land as defined under the Forestry 16
Act 1959. 17
`10. Work, including maintenance or repair work, carried out by or on 18
behalf of a public sector entity authorised or required under a State law to 19
carry out the work. 20
`11. Work that is digging or boring into land by an authorised person 21
under the Coastal Protection and Management Act 1995, section 70. 22
`12. Work that is ancillary works and encroachments that are carried out 23
in accordance with requirements specified by gazette notice by the chief 24
executive under the Transport Infrastructure Act 1994 or done as required 25
by a contract entered into with the chief executive under the Transport 26
Infrastructure Act 1994, section 47. 27
`13. Work for the construction of a substituted railway crossing by a 28
railway manager in response to an emergency under the Transport 29
Infrastructure Act 1994, section 100. 30
`14. Work performed by Queensland Rail under the Transport 31
Infrastructure Act 1994, section 150. 32
`15. Work carried out under a rail feasibility investigator's authority 33
granted under the Transport Infrastructure Act 1994. 34
`16. Work for a subscriber connection.'. 35
s 85 160 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
85 Replacement of sch 10 (Dictionary)
Clause 1
Schedule 10-- 2
omit, insert-- 3
`SCHEDULE 10 4
`DICTIONARY 5
section 1.3.1 6
"accrediting body" means an incorporated or statutory body prescribed 7
under a regulation to be an accrediting body for accrediting private 8
certifiers. 9
"adoptable code" see section 3.1.10(5). 10
"advice agency", for a development application, means-- 11
(a) an entity prescribed under a regulation as an advice agency for 12
the application or if the functions of the entity in relation to the 13
application have been devolved or delegated to another entity, the 14
other entity; and 15
(b) any additional entity nominated by the chief executive-- 16
(i) for an application requiring referral coordination--in an 17
information request; or 18
(ii) for development requiring an EIS--in the terms of reference 19
for the EIS. 20
"agency's referral day", for a referral agency, means-- 21
(a) if the functions of the agency in relation to the application have 22
not been lawfully devolved or delegated to the assessment 23
manager--the day the agency receives the things mentioned in 24
section 3.3.5(1); or 25
(b) if the agency is a concurrence agency and the functions of the 26
agency in relation to the application have been lawfully devolved 27
or delegated to the assessment manager-- 28
s 85 161 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(i) if the applicant has paid the concurrence agency's 1
application fee to the assessment manager before or by the 2
day the application is properly made--the day the 3
application is properly made; or 4
(ii) if the applicant has not paid the concurrence agency's 5
application fee before or by the day the application is 6
properly made--the day the fee is paid. 7
"ancillary works and encroachments" means the following things-- 8
(a) sugar tramways; 9
(b) monorails; 10
(c) bridges, overhead conveyors or other overhead structures; 11
(d) tunnels; 12
(e) rest area facilities; 13
(f) monuments or statues; 14
(g) advertising signs or other advertising devices; 15
(h) traffic and service signs; 16
(i) bores, wells, pumps, windmills, pipes, channels, culverts, 17
viaducts, tanks or dams; 18
(j) cables; 19
(k) means of access; 20
(l) paths or bikeways; 21
(m) grids or other stock facilities; 22
(n) buildings, shelters, awnings or mail boxes; 23
(o) poles, lighting, gates or fences. 24
"appellant" means a person who appeals to the court or a tribunal under 25
chapter 4. 26
"applicable code", for assessable and self-assessable development, means 27
a code, including a concurrence agency code, that can reasonably be 28
identified as applying to the development. 29
"applicant"-- 30
1. "Applicant" means the applicant for a development application. 31
s 85 162 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
2. "Applicant", in section 3.5.32, chapter 4 and chapter 5, part 1, 1
includes the person in whom the benefit of the development 2
approval vests. 3
"applicant's appeal period", for an appeal-- 4
(a) by an appellant to the court--see section 4.1.27(2); or 5
(b) by an appellant to a tribunal--see section 4.2.9(2). 6
"application", for chapter 3, means a development application. 7
"approved form" means a form approved under section 5.8.1. 8
"area of high nature conservation value" means an area of high nature 9
conservation value as defined under the Vegetation Management Act 10
1999. 11
"area vulnerable to land degradation" means an area vulnerable to land 12
degradation as defined under the Vegetation Management Act 1999. 13
"assessable development" means either or both of the following-- 14
(a) development specified in schedule 8, part 1; 15
(b) for a planning scheme area--development that is declared to be 16
assessable development under the planning scheme. 17
"assessing authority" means-- 18
(a) for development under a development permit other than 19
development to which paragraph (c) applies--the assessment 20
manager giving the permit or any concurrence agency, each for 21
the matters within their respective jurisdictions; or 22
(b) for assessable development not covered by a development 23
permit--an entity that would have been the assessment manager 24
or a concurrence agency for the permit if a development 25
application had been made, each for the matters that would have 26
been within their respective jurisdictions; or 27
(c) for assessable development for which a private certifier has been 28
engaged to perform the functions of a private certifier under 29
chapter 5, part 3--the private certifier or the local government; or 30
(d) for self assessable development other than building or plumbing 31
work--the local government or the entity responsible for 32
administering the code for the development; or 33
s 85 163 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(e) for building or plumbing work carried out by or on behalf of a 1
public sector entity--the chief executive (however described) of 2
the entity; or 3
(f) for complying development--the compliance assessor or the 4
entity that would have been the compliance assessor if a request 5
for compliance assessment had been made; or 6
(g) for any other matter--the local government. 7
"assessment manager" see section 3.1.7. 8
"available for inspection and purchase" see section 5.7.1. 9
"benchmark development sequence", for a planning scheme, means a 10
development sequence-- 11
(a) applying to the areas in the planning scheme where residential 12
development is preferred over a 15 year period (or other period 13
agreed to by the Minister); and 14
(b) dividing the areas into 3 successive 5 year stages (or other stages 15
agreed to by the Minister); and 16
(c) prepared having regard to any guidelines approved by the chief 17
executive about the method of preparation and the contents of the 18
sequence. 19
"brothel" see the Prostitution Act 1999, schedule 4. 20
"building" means building, as defined under the Building Act 1975. 21
"building work" means building work, as defined under the Building Act 22
1975. 23
"certified copy", of a document, means-- 24
(a) for a document held by a local government--a copy of the 25
document certified by the chief executive officer of the local 26
government as a true copy of the document; and 27
(b) for a document held by an assessment manager--a copy of the 28
document certified by the assessment manager or the chief 29
executive officer of the assessment manager as a true copy of the 30
document; and 31
(c) for a document held by a concurrence agency--a copy of the 32
document certified by the chief executive officer of the 33
concurrence agency as a true copy of the document; and 34
s 85 164 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(d) for a document held by the department--a copy of the document 1
certified by the chief executive of the department as a true copy 2
of the document; and 3
(e) for a document held by the Minister--a copy of the document 4
certified by the chief executive of any department the Minister 5
has responsibility for as a true copy of the document. 6
"change application" means an application to cancel or change a 7
development approval. 8
"clear", for vegetation-- 9
(a) means remove or cut down, ringbark, push over, poison or 10
destroy the vegetation in any way; but 11
(b) does not include-- 12
(i) destroying standing vegetation by stock, or lopping a tree; 13
and 14
(ii) removing or cutting down, ringbarking, pushing over, 15
poisoning or destroying the vegetation in any way as a 16
forest practice. 17
"code" means a document or part of a document identified as a code-- 18
(a) in a planning instrument; or 19
(b) for IDAS under this Act or another Act; or 71
20
(c) in a preliminary approval. 21
"code assessment" see section 3.5.5. 22
"common material", for a development application, means-- 23
(a) all the material about the application the assessment manager has 24
received in the first 3 stages of IDAS, including any concurrence 25
agency requirements, advice agency recommendations and 26
contents of submissions that have been accepted by the 27
assessment manager; and 28
(b) if a development approval for the development has not 29
lapsed--the approval. 30
71 Under the Acts Interpretation Act 1954, section 7, "Act" includes a reference to a
statutory instrument made or in force under an Act.
s 85 165 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"community infrastructure" means community infrastructure stated in 1
schedule 5. 2
"complete code" see section 3.1.10(1)(a). 3
"compliance assessment" see section 3.7.1. 4
"compliance assessor" see section 3.1.9. 5
"compliance certificate" see section 3.1.5(5). 6
"compliance permit" see section 3.1.5(4). 7
"compliant development" see section 3.1.2. 8
"concurrence agency", for a development application, means an entity 9
prescribed under a regulation as a concurrence agency for the 10
application, or if the functions of the entity in relation to the 11
application have been devolved or delegated to another entity, the 12
other entity. 13
"concurrence agency code", for a concurrence agency, means a code, or 14
part of a code, the concurrence agency is required under this Act or 15
another Act to assess a development application against. 16
"concurrence agency condition", for a development approval, means a 17
condition imposed on the approval by a concurrence agency. 18
"consolidated planning scheme" means a document that accurately 19
combines a local government's planning scheme, as originally made, 20
with all amendments made to the planning scheme since the planning 21
scheme was originally made. 22
"consultation period" for-- 23
(a) making or amending a planning scheme--see schedule 1, 24
section 12(1)(g); or 25
(b) making or amending a planning scheme policy--see schedule 3, 26
section 2(1)(g); or 27
(c) making or amending a State planning policy--see schedule 4, 28
section 3(3)(g); or 29
(d) making a ministerial designation of land--the period for the 30
making of submissions, being not less than 15 business days, 31
stated in any notice given under section 2.6.7(4). 32
"convicted" includes being found guilty, and the acceptance of a plea of 33
guilty, by a court. 34
s 85 166 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"core matter" see section 2.1.3A. 1
"currency period" means-- 2
(a) for a development approval not mentioned in paragraph (b)-- 3
(i) the 4 years starting the day the approval takes effect; or 4
(ii) if the approval states or implies a time for the approval to 5
lapse--the period from the day the approval takes effect 6
until the stated or implied time; or 7
(b) for a development approval resulting from a development 8
application assessed and decided under section 3.5.5(5) 9
or 3.5.6(5)-- 10
(i) the 4 years starting the day the approval takes effect; or 11
(ii) if the approval states or implies a longer time for the 12
approval to lapse--the period from the day the approval 13
takes effect until the stated or implied time. 14
"court" means the Planning and Environment Court continued in 15
existence under section 4.1.1. 16
"deciding entity" means-- 17
(a) for an aspect of a development approval decided by an 18
assessment manager--the entity that was the assessment 19
manager; or 20
(b) for an aspect of a development approval decided by a 21
concurrence agency--the entity that was the concurrence 22
agency; or 23
(c) for an aspect of a development approval decided by the 24
court--the court; or 25
(d) for an aspect of a development approval decided by the 26
tribunal--the tribunal; or 27
(e) for a development approval decided by a private certifier--the 28
private certifier; or 29
(f) for an application to change a currency period if the development 30
approval does not state or imply a currency period--the entity 31
that was the assessment manager; or 32
s 85 167 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(g) for an application to cancel a development approval--the entity 1
that was the assessment manager for the application for the 2
approval. 3
"decision making period" see section 3.5.9. 4
"decision notice" see section 3.5.17. 5
"deemed refusal" means a refusal that is taken to have happened if a 6
decision is not made-- 7
(a) for a development application--by the end of the decision 8
making period (including any extension of the decision making 9
period); and 10
(b) for a change application--within the time allowed under this Act 11
for the decision to be made; and 12
(c) for a request made by a person under section 2.6.19 or for a claim 13
for compensation under chapter 5--by the time for making the 14
decision has ended. 15
"designate" means identify for community infrastructure. 16
"designated interest" see section 2.6.19. 17
"designated land" means land designated under chapter 2, part 6. 18
"designation" means the action taken by a designator to designate land 19
under chapter 2, part 6. 20
"designation cessation day" see section 2.6.14. 21
"designator" see section 2.6.1. 22
"desired standard of service", for a network of development 23
infrastructure, means the standard of performance stated in the 24
priority infrastructure plan. 25
"destroy", for vegetation, includes destroy it by burning, flooding or 26
draining. 27
"development" see section 1.3.2. 28
"development application" means an application for a development 29
approval. 30
"development application (superseded planning scheme)" means a 31
development application that is-- 32
s 85 168 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) for development substantially the same as particular development 1
the subject of a request under section 2.1.7A; and 2
(b) made within 3 months after the local government gives notice of 3
its decision about the request; and 4
(c) accompanied by a copy of the notice. 5
"development approval" means a decision notice or a negotiated decision 6
notice that-- 7
(a) approves, wholly or partially, development applied for in a 8
development application (whether or not the approval has 9
conditions attached to it); and 10
(b) is in the form of a preliminary approval, a development permit or 11
an approval combining both a preliminary approval and a 12
development permit in the one approval.72 13
"development infrastructure" means-- 14
(a) land or works, or both land and works for-- 15
(i) urban and rural residential water cycle management 16
infrastructure (including infrastructure for water supply, 17
sewerage, collecting water, treating water, stream managing, 18
disposing of waters and flood mitigation); or 19
(ii) transport infrastructure (including roads, vehicle lay-bys, 20
traffic control devices, dedicated public transport corridors, 21
public parking facilities predominantly serving a local area, 22
cycle ways, pathways and ferry terminals, but not including 23
State-controlled roads); or 24
(iii) public parks infrastructure (including playground 25
equipment, playing fields, courts and picnic facilities); or 26
(b) land, and works that ensure the land is suitable for development, 27
for local community facilities, including, for example-- 28
(i) community halls or centres; or 29
(ii) public recreation centres; or 30
(iii) public libraries. 31
72 Under section 3.5.13(7), conditions attached to a development approval are part of
the approval.
s 85 169 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"development offence" means an offence against section 4.3.1, 4.3.2, 1
4.3.3, 4.3.4, 4.3.4A or 4.3.5. 2
"development permit" see section 3.1.5(3). 3
"drainage work" means sanitary drainage work, as defined under the 4
Sewerage and Water Supply Act 1949. 5
"ecological sustainability" see section 1.3.3. 6
"EIS" means a document the chief executive is satisfied-- 7
(a) addresses the terms of reference; and 8
(b) without limiting paragraph (a)-- 9
(i) describes the development in sufficient detail to establish its 10
likely environmental effects; and 11
(ii) identifies the likely beneficial and adverse environmental 12
effects of the development; and 13
(iii) states the ways any adverse environmental effects may be 14
mitigated; and 15
(iv) has been prepared using current information, and 16
methodologies that represent best environmental practice. 17
"EIS assessment report" see section 5.7A.10. 18
"enforcement notice" see section 4.3.11. 19
"enforcement order" see section 4.3.22(1)(a). 20
"entity" includes a department. 21
"environment" includes-- 22
(a) ecosystems and their constituent parts including people and 23
communities; and 24
(b) all natural and physical resources; and 25
(c) those qualities and characteristics of locations, places and areas, 26
however large or small, that contribute to their biological 27
diversity and integrity, intrinsic or attributed scientific value or 28
interest, amenity, harmony, and sense of community; and 29
(d) the social, economic, aesthetic and cultural conditions affecting 30
the matters in paragraphs (a), (b) and (c) or affected by those 31
matters. 32
s 85 170 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"environmentally relevant activity" means an environmentally relevant 1
activity as defined under the Environmental Protection Act 1994. 2
"essential management" means clearing native vegetation-- 3
(a) for establishing or maintaining a fire break sufficient to protect a 4
building, property boundary or paddock; or 5
(b) that is likely to endanger the safety of a person or property on the 6
land because the vegetation is likely to fall; or 7
(c) for maintaining an existing fence, stock yard, shed, road or other 8
built infrastructure; or 9
(d) for maintaining a garden or orchard. 10
"executive officer", of a corporation, means a person who is concerned 11
with, or takes part in, the corporation's management, whether or not 12
the person is a director or the person's position is given the name of 13
executive officer. 14
"exempt development" is development other than assessable or 15
self-assessable development. 16
"forest practice"-- 17
1. "Forest practice" means planting trees or managing, felling and 18
removing standing trees for an ongoing forestry business in-- 19
(a) a plantation; or 20
(b) native forest, if, in the native forest-- 21
(i) the activities are conducted in a way that is consistent 22
with a code applying to native forest management and 23
approved by the Minister responsible for administering 24
the Vegetation Management Act 1999; or 25
(ii) the activities are conducted in a way that-- 26
(A) ensures restoration of a similar type, and to the 27
extent, of the removed trees; and 28
(B) ensures trees are only felled for the purpose of 29
being sawn into timber or processed into another 30
value added product (other than woodchips for 31
an export market); and 32
(C) does not cause land degradation as defined under 33
the Vegetation Management Act 1999. 34
s 85 171 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
2. The term includes carrying out limited associated work, 1
including, for example, drainage and other necessary engineering 2
works. 3
3. The term does not include clearing native vegetation for the 4
initial establishment of a plantation. 5
"freehold land" includes land in a freeholding lease under the Land 6
Act 1994. 7
"IDAS" see section 3.1.1. 8
"impact assessment" means the assessment of-- 9
(a) the environmental effects of proposed development; and 10
(b) the ways of dealing with the effects. 11
"information period", for the assessment manager or a referral agency, 12
means the period between the day the information and referral stage 13
starts and the day-- 14
(a) if referral coordination is required, but the chief executive 15
does not make an information request--the assessment 16
manager or referral agency receives the chief executive's 17
advice under section 3.3.9(2)(b); or 18
(b) if the assessment manager or referral agency is entitled to, 19
but does not, make an information request--the end of the 20
assessment manager's or referral agency's information 21
request period; or 22
(c) if an information request is made--the day the applicant 23
gives a response under section 3.3.10(1) or (3). 24
"information request" see sections 3.3.8 and 3.3.9. 25
"information request period" see section 3.3.8 and 3.3.9. 26
"infrastructure" includes land, facilities, services and works used for 27
supporting economic activity and meeting environmental needs. 28
"infrastructure agreement" see section 5.2.1. 29
"infrastructure charge" see section 5.1.5. 30
"infrastructure charges notice" see section 5.1.7. 31
"infrastructure charges register" see section 5.7.2. 32
s 85 172 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"infrastructure charges schedule" means the part of a priority 1
infrastructure plan that states infrastructure charges for the 2
establishment costs of trunk infrastructure. 3
"infrastructure payment" see section 5.1.13. 4
"infrastructure payments schedule" means the part of a priority 5
infrastructure plan that states infrastructure payments for the 6
establishment costs of trunk infrastructure that may be imposed as a 7
condition of a development approval. 8
"infrastructure provider", for an application, means-- 9
(a) a local government that is the assessment manager and-- 10
(i) supplies trunk infrastructure for development; or 11
(ii) has an agreement with another entity that supplies trunk 12
infrastructure to the local government area; or 13
(b) a concurrence agency that supplies State infrastructure. 14
"interim enforcement order" see section 4.3.22(1)(b). 15
"land" includes-- 16
(a) any estate in, on, over or under land; and 17
(b) the airspace above the surface of land and any estate in the 18
airspace; and 19
(c) the subsoil of land and any estate in the subsoil. 20
"last day for making submissions" see section 5.7A.7. 21
"lawful use" see section 1.3.4. 22
"local government area" means a part of the State-- 23
(a) established as a local government area under the Local 24
Government Act 1993; or 25
(b) declared to be a council area under the Community Services 26
(Aborigines) Act 1984 or the Community Services (Torres Strait) 27
Act 1984. 28
"local planning instrument" means a planning scheme, temporary local 29
planning instrument or planning scheme policy. 30
"lopping", a tree, means cutting or pruning its branches, but does not 31
include-- 32
s 85 173 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) removing its trunk; and 1
(b) cutting or pruning its branches so severely that it is likely to die. 2
"lot" see section 1.3.5. 3
"material change of use" see section 1.3.5. 4
"minor amendment", of a planning instrument, means an amendment 5
correcting or changing-- 6
(a) an explanatory matter about the instrument; or 7
(b) the format or presentation of the instrument; or 8
(c) a grammatical error in the instrument; or 9
(d) a factual matter incorrectly stated in the instrument. 10
"major hazard facility" means a major hazard facility as defined under 11
the Dangerous Goods Safety Management Act 2001. 12
"mining activity" means mining activity, as defined under the 13
Environmental Protection Act 1994. 14
"Minister"-- 15
(a) in chapter 2, part 6--means any Minister of the Crown; and 16
(b) in chapter 3, part 6, divisions 2, 3 and 4--includes the Minister 17
administering the State Development and Public Works 18
Organisation Act 1971. 19
"native vegetation" means-- 20
(a) a native tree; or 21
(b) a native plant, other than a grass or mangrove. 22
"negotiated decision notice" see section 3.5.18(5). 23
"network", for development infrastructure, includes part of a network. 24
"nominated interest" means the interest an owner asks a designator to buy 25
under section 2.6.19(3)(a) or (b). 26
"non-acceptance notice" see section 3.2.3. 27
"non-urban area" means an area other than an urban area. 28
"non-trunk infrastructure" means development infrastructure that is not 29
trunk infrastructure. 30
"notification period", for a development application, see section 3.4.7. 31
s 85 174 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"owner", of land, means the person for the time being entitled to receive 1
the rent for the land or who would be entitled to receive the rent for it 2
if it were let to a tenant at a rent. 3
"owner of land", for chapter 2, part 6 (other than sections 2.6.19 4
to 2.6.24)-- 5
1. "Owner of land" includes a lessee and sublessee of the land. 6
2. The term does not include-- 7
(a) for an interest the State or a public sector entity has in the 8
land--the State or a public sector entity; and 9
(b) for an interest in land already held for the designation--the 10
owner of the interest. 11
"partial code" see section 3.1.10(1)(b). 12
"party", for an appeal to the court or a tribunal, means the appellant, the 13
respondent, any co-respondent for the appeal and, if the Minister is 14
represented in the appeal, the Minister. 15
"person" includes a body of persons, whether incorporated or 16
unincorporated. 17
"planning instrument" means a State planning policy, planning scheme, 18
temporary local planning instrument or planning scheme policy. 19
"planning scheme" see section 2.1.1. 20
"planning scheme area" see section 2.1.2. 21
"planning scheme policy" see section 2.1.16. 22
"plans for trunk infrastructure" means the part of a priority 23
infrastructure plan that identifies trunk infrastructure that exists or 24
may be supplied to service future growth in the local government's 25
area to meet the desired standard of service stated in the plan. 26
"plumbing work" means water plumbing work or sanitary plumbing 27
work, as defined under the Sewerage and Water Supply Act 1949. 28
"preliminary approval" see section 3.1.5(1). 29
"premises" means-- 30
(a) a building or other structure; or 31
(b) land (whether or not a building or other structure is situated on 32
the land). 33
s 85 175 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"principal submitter", for a properly made submission, means-- 1
(a) if a submission is made by 1 person--the person; or 2
(b) if a submission is made by more than 1 person--the person 3
identified as the principal submitter or if no person is identified 4
as the principal submitter the submitter whose name first appears 5
on the submission. 6
"priority infrastructure area"-- 7
1. "Priority infrastructure area" means the area-- 8
(a) serviced by a mains pressure water supply network; and 9
(b) to accommodate at least 10 years, but not more than 10
15 years, of growth for each of the following-- 11
(i) residential purposes; 12
(ii) retail or commercial purposes; 13
(iii) industrial purposes. 14
2. "Priority infrastructure area" includes an area not mentioned in 15
item 1 that-- 16
(a) the local government decides to include in the area; and 17
(b) is serviced by development infrastructure. 18
"priority infrastructure plan" means the part of a planning scheme 19
that-- 20
(a) identifies the priority infrastructure area; and 21
(b) identifies existing trunk infrastructure; and 22
(c) includes details of any future trunk infrastructure; and 23
(d) states the assumptions on which the plan is based; and 24
(e) states the desired standard of service for each development 25
infrastructure network identified in the plan; and 26
(f) includes any infrastructure charges schedule or infrastructure 27
payments schedule for the plan. 28
"private certifier" see section 5.3.3. 29
"properly made application" see section 3.2.1(7). 30
"properly made submission" means a submission that-- 31
s 85 176 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
(a) is in writing and is signed by each person who made the 1
submission; and 2
(b) is received on or before the last day-- 3
(i) if the submission is about a draft EIS or a designation--for 4
making the submission; or 5
(ii) if the submission is about a development application--of 6
the notification period; or 7
(iii) in any other case--of the consultation period or preliminary 8
consultation period; and 9
(c) states the name and address of each person who made the 10
submission; and 11
(d) states the grounds of the submission and the facts and 12
circumstances relied on in support of the grounds; and 13
(e) is made-- 14
(i) if the submission is about a development application--to 15
the assessment manager; or 16
(ii) if the submission is about a proposed planning scheme, a 17
proposed planning scheme policy or a proposed amendment 18
of a planning scheme or a proposed amendment of a 19
planning scheme policy--to the local government; or 20
(iii) if the submission is about a proposed planning scheme or a 21
proposed amendment of a planning scheme being carried 22
out by the Minister--to the Minister; or 23
(iv) if the submission is about a draft EIS--to the chief 24
executive; or 25
(v) if the submission is about a proposed State planning policy 26
or a proposed amendment of a State planning policy--to the 27
Minister; or 28
(vi) if the submission is about a ministerial designation--to the 29
person stated in the notice calling for submissions. 30
"proponent", for chapter 5, part 7A, means the person who proposes the 31
development to which the part applies. 32
s 85 177 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"public office", of a local government, means the premises kept as its 1
public office under the Local Government Act 1993, section 37.73 2
"public sector entity"-- 3
1. "Public sector entity" means-- 4
(a) a department or part of a department; or 5
(b) an agency, authority, commission, corporation, 6
instrumentality, office, or other entity, established under an 7
Act for a public or State purpose. 8
2. The term includes a government owned corporation. 9
"public utility easement" means a public utility easement as defined in 10
the Land Title Act 1994, section 81A. 11
"reconfiguring a lot" see section 1.3.5. 12
"referral agency" means a concurrence agency or advice agency. 13
"referral agency's assessment period" see section 3.3.16. 14
"referral agency's response" see section 3.3.18. 15
"referral assistance" see section 3.3.12. 16
"referral coordination" see section 3.3.7. 17
"regional ecosystem" means a regional ecosystem as defined under the 18
Vegetation Management Act 1999. 19
"regional ecosystem map" means a regional ecosystem map as defined 20
under the Vegetation Management Act 1999. 21
"regional planning advisory committee" means a regional planning 22
advisory committee established under section 2.5.2. 23
"remnant endangered regional ecosystem" means a remnant endangered 24
regional ecosystem as defined under the Vegetation Management 25
Act 1999. 26
"remnant map" means a remnant map as defined under the Vegetation 27
Management Act 1999. 28
"remnant vegetation" means remnant vegetation as defined under the 29
Vegetation Management Act 1999. 30
73 Local Government Act 1993, section 37 (Site of public office)
s 85 178 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"repealed Act" means the Local Government (Planning and Environment) 1
Act 1990. 2
"replacement private certifier" see section 5.3.12(1). 3
"requesting authority" see section 3.3.10(1). 4
"road" has the same meaning as in the Transport Infrastructure 5
Act 1994.74 6
"routine management" means clearing native vegetation-- 7
(a) for establishing a necessary fence, road or other built 8
infrastructure that is on less than 5 ha; or 9
(b) that is not remnant vegetation; or 10
(c) for supplying fodder for stock, in drought conditions only. 11
"self-assessable development" means either or both of the following-- 12
(a) development specified in schedule 8, part 2; or 13
(b) for a planning scheme area--development that is not specified in 14
schedule 8, part 2 but is declared under the planning scheme for 15
the area to be self-assessable development. 16
"show cause notice" see section 4.3.9. 17
"stage" of IDAS, means a stage of the IDAS process mentioned in 18
section 3.1.13. 19
"Standard Building Regulation" means the Standard Building 20
Regulation 1993. 21
74 Under the Transport Infrastructure Act 1994--
"road" means--
(a) an area of land dedicated to public use as a road; or
(b) an area that is open to or used by the public and is developed for, or has as
1 of its main uses, the driving or riding of motor vehicles; or
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or
(d) a pedestrian or bicycle path; or
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path
mentioned in paragraphs (a) to (d).
s 85 179 s 85
Integrated Planning and Other Legislation
Amendment Bill 2001
"State-controlled road" has the same meaning as in the Transport 1
Infrastructure Act 1994.75 2
"State infrastructure" means any of the following-- 3
(a) State schools infrastructure; 4
(b) public transport infrastructure; 5
(c) State-controlled roads infrastructure; 6
(d) police or emergency services infrastructure 7
"State interest" means-- 8
(a) an interest that, in the Minister's opinion, affects an economic or 9
environmental interest of the State or a region; or 10
(b) an interest in ensuring there is an efficient, effective and 11
accountable planning and development assessment system. 12
"State planning policy" see section 2.4.1. 13
"submitter", for a development application, means a person who makes a 14
properly made submission about the application. 15
"submitter's appeal period" see section 4.1.28(4). 16
"superseded planning scheme", for a planning scheme area, means the 17
planning scheme, or any related planning scheme policies, in force 18
immediately before-- 19
(a) the planning scheme or policies, under which a development 20
application is made, were adopted; or 21
(b) the amendment, creating the superseded planning scheme, was 22
adopted. 23
"supporting material" means any material (including site plans, 24
elevations and supporting reports) about the aspect of the application 25
assessable against or having regard to the planning scheme that-- 26
(a) was given to the assessment manager by the applicant; and 27
75 Under the Transport Infrastructure Act 1994--
"State-controlled road" means a road or land, or part of a road or land, declared
under section 23 to be a State-controlled road, and, for chapter 5, part 5,
division 2, subdivision 2, see section 50.
s 86 180 s 87
Integrated Planning and Other Legislation
Amendment Bill 2001
(b) is in the assessment manager's possession when the request to 1
inspect and purchase is made. 2
"temporary local planning instrument" see section 2.1.9. 3
"tribunal" means a building and development tribunal established under 4
section 4.2.1. 5
"trunk infrastructure" means development infrastructure identified in a 6
priority infrastructure plan as trunk infrastructure. 7
"urban area" means an area identified on a map in a planning scheme as 8
an area for urban purposes, including rural residential purposes and 9
future urban purposes. 10
"use" see section 1.3.4. 11
"variable code" see section 3.1.10(1)(c). 12
"work" see section 1.3.5.'. 13
PART 3--AMENDMENT OF BUILDING ACT 1975 14
86 Act amended in pt 3
Clause 15
This part amends the Building Act 1975. 16
87 Amendment of s 3 (Definitions)
Clause 17
Section 3(1), definition "building work"-- 18
omit, insert-- 19
"building work" means-- 20
(a) building, repairing, altering, underpinning (whether by vertical 21
or lateral support), moving or demolishing a building or other 22
structure; or 23
(b) work regulated under the Standard Building Regulation 1993; or 24
(c) excavating or filling-- 25
(i) for, or incidental to, the activities mentioned in 26
paragraph (a); or 27
s 88 181 s 90
Integrated Planning and Other Legislation
Amendment Bill 2001
(ii) that may adversely affect the stability of a building or other 1
structure, whether on the land on which the building or 2
other structure is situated or on adjoining land; or 3
(d) supporting (whether vertically or laterally) land for activities 4
mentioned in paragraph (a).'. 5
88 Insertion of new s 46A
Clause 6
After section 46-- 7
insert-- 8
`46A Fees for statutory functions 9
`(1) A local government may, by local law or resolution, fix a reasonable 10
fee in relation to the performance of a function imposed on the local 11
government under this Act. 12
`(2) The local law or resolution must prescribe the person liable to pay 13
the fee. 14
`(3) A local government is taken to have always had power, by local law 15
or resolution, to fix a fee mentioned in subsection (1). 16
`(4) Subsection (3) does not affect a decision of a court made before the 17
commencement of this subsection in relation to a particular action about 18
the validity of a fee mentioned in subsection (1) fixed by local law or 19
resolution and imposed on a particular person.'. 20
PART 4--AMENDMENT OF ELECTRICITY ACT 1994 21
89 Act amended in pt 4
Clause 22
This part amends the Electricity Act 1994. 23
90 Omission of ch 4, pt 4, div 4A (Inapplicability of planning schemes 24
in relation to particular transmission entity operating works)
Clause 25
Chapter 4, part 4, division 4A-- 26
omit. 27
s 91 182 s 93
Integrated Planning and Other Legislation
Amendment Bill 2001
91 Insertion of new s 112A
Clause 1
After section 112-- 2
insert-- 3
`112A Clearing native vegetation for operating works on freehold land 4
`(1) Subsection (2) has effect despite the Integrated Planning Act 1997, 5
schedule 8, part 1. 6
`(2) Carrying out work that is the clearing of native vegetation on 7
freehold land is exempt development if the clearing is for operating works 8
for a transmission entity on land designated for the operating works by a 9
Minister under the Integrated Planning Act 1997. 10
`(3) If a word used in subsection (2) is defined in the Integrated Planning 11
Act 1997, the word used has the same meaning as in that Act.'. 12
92 Insertion of new ch 14, pt 4
Clause 13
After section 303-- 14
insert-- 15
`PART 4--TRANSITIONAL PROVISION FOR 16
INTEGRATED PLANNING AND OTHER LEGISLATION 17
AMENDMENT ACT 2001 18
`304 Application of Acts Interpretation Act, s 20 19
`The Acts Interpretation Act 1954, section 20 applies to the repeal of 20
chapter 4, part 4, division 4A.'. 21
PART 5-- AMENDMENT OF LOCAL GOVERNMENT 22
AND OTHER LEGISLATION AMENDMENT ACT 2000 23
93 Act amended in pt 5
Clause 24
This part amends the Local Government and Other Legislation 25
Amendment Act 2000. 26
s 94 183 s 96
Integrated Planning and Other Legislation
Amendment Bill 2001
94 Omission of s 62 (Amendment of s 5.3.5 of Act No. 69 of 1997)
Clause 1
Section 62-- 2
omit. 3
PART 6--AMENDMENT OF SEWERAGE AND WATER 4
SUPPLY ACT 1949 5
95 Act amended in pt 6
Clause 6
This part amends the Sewerage and Water Supply Act 1949. 7
96 Amendment of s 2 (Definitions)
Clause 8
Section 2-- 9
insert-- 10
` "drainage" means apparatus, fittings, fixtures and pipes, below ground 11
level, that carry sewage on premises. 12
"drainage work" includes installing, changing, extending, disconnecting, 13
taking away and maintaining drainage. 14
"plumbing" means-- 15
(a) for water--apparatus, fittings, and pipes for carrying water 16
within premises; or 17
(b) for sewage--apparatus, fittings, fixtures and pipes, above ground 18
level, that carry sewage on premises. 19
"plumbing work" includes installing, changing, extending, disconnecting, 20
taking away and maintaining plumbing.'. 21
s 97 184 s 99
Integrated Planning and Other Legislation
Amendment Bill 2001
PART 7-- AMENDMENT OF WATER ACT 2000 1
97 Act amended in pt 7
Clause 2
This part amends the Water Act 2000. 3
98 Amendment of s 492 (Changing safety conditions)
Clause 4
(1) Section 492, heading, `safety' 5
omit. 6
(2) Section 492(1)-- 7
omit, insert-- 8
`(1) Subsection (1A) applies for a referable dam if the chief executive is 9
satisfied either or both of the following should be changed in the interests 10
of dam safety-- 11
(a) safety conditions; 12
(b) development conditions. 13
`(1A) The chief executive may change the conditions.'. 14
99 Amendment of schedule 2 (Amendments about planning matters)
Clause 15
(1) Schedule 2, amendment of Integrated Planning Act 1997, item 12, 16
`(c)'-- 17
omit, insert-- 18
`(d)'. 19
(2) Schedule 2, amendment of Integrated Planning Act 1997, item 13, 20
`(e)'-- 21
omit, insert-- 22
`(f)'. 23
185
Integrated Planning and Other Legislation
Amendment Bill 2001
SCHEDULE 1
MINOR AMENDMENTS OF INTEGRATED PLANNING 2
ACT 1997 3
section 3 4
1 Section 1.3.8(g)-- 5
omit. 6
2 Section 2.6.20, 2.6.21(a), 2.6.23(1)(a) and (b) and 2.6.23(2) 7
`interest'-- 8
omit, insert-- 9
`nominated interest'. 10
3 Section 2.6.21, `interest,'-- 11
omit, insert-- 12
`nominated interest,'. 13
4 Section 2.6.21(b) and (c) and 2.6.23(1)(c), `interest'-- 14
omit, insert-- 15
`designated interest'. 16
5 Section 4.3.7(1), `3.3.4 or 3.4.7'-- 17
omit, insert-- 18
`3.3.6 or 3.4.9'. 19
186
Integrated Planning and Other Legislation
Amendment Bill 2001
SCHEDULE (continued)
6 Section 4.3.7(2), `3.3.5'-- 1
omit, insert-- 2
`3.3.7(3)'. 3
7 Section 4.3.13(1)(a), (d) and (e), first mention, `a development' 4
omit, insert-- 5
`development'. 6
8 Section 4.3.18(3)(b), `4.3.2A'-- 7
omit, insert-- 8
`4.3.4A'. 9
9 Section 4.3.20(3)(e), after `development permit'-- 10
insert-- 11
`or request compliance assessment'. 12
10 Section 5.6.4(3) and (4), `3.4.4 to 3.4.6'-- 13
omit, insert-- 14
`3.4.6 to 3.4.8'. 15
11 Section 5.7.5(3), `The register must include,'-- 16
omit, insert-- 17
`The register must include the following'. 18
12 Section 5.7.5(3)(a), (b), (c), (d) and (e)(v), `; and" 19
omit, insert-- 20
`;'. 21
187
Integrated Planning and Other Legislation
Amendment Bill 2001
SCHEDULE (continued)
13 Section 5.7.6(e)(iii), `; and" 1
omit, insert-- 2
`;'. 3
14 Section 5.8.5 (Delegation by Minister)-- 4
relocate and renumber as section 5.8.1A. 5
15 After section 5.8.8, as inserted by this Act-- 6
insert-- 7
`5.8.9 Numbering and renumbering of ch 5, pts 7A and 8 8
`In the next reprint of this Act, chapter 5, parts 7A and 8 must be 9
numbered and renumbered as permitted by the Reprints Act 1992, 10
section 43.'. 11
16 Section 6.1.1, definition "assessable development", paragraph (b), 12
after `schedule 8'-- 13
insert-- 14
`or schedule 9'. 15
17 Section 6.1.1, definition "self-assessable development", 16
paragraph (b), after `schedule 8'-- 17
insert-- 18
`or schedule 9'. 19
18 Section 6.1.30(2), `3.5.13 and 3.5.14'-- 20
omit, insert-- 21
`3.5.14 and 3.5.15'. 22
188
Integrated Planning and Other Legislation
Amendment Bill 2001
SCHEDULE (continued)
19 Section 6.1.30(4), `3.5.11(1)(c)'-- 1
omit, insert-- 2
`3.5.13(1)(c)'. 3
20 Section 6.1.32(2)(a), `3.5.32(1)(b)'-- 4
omit, insert-- 5
`3.5.31(1)(b)'. 6
21 Section 6.1.34(3), `3.5.27'-- 7
omit, insert-- 8
`3.5.26'. 9
22 Section 6.1.41-- 10
omit. 11
23 Section 6.1.51A(2), `1.4.6'-- 12
omit, insert-- 13
`1.4.1'. 14
24 Schedules 1, 2 and 3, `, by resolution,'-- 15
omit. 16
© State of Queensland 2001
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