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Queensland
Planning and Environment
Court Bill 2015
Queensland
Planning and Environment Court Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Establishment and jurisdiction
Division 1 Establishment
4 Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Constituting P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Chief Judge has overall responsibility for P&E Court . . . . . . . . . . 7
Division 2 General jurisdiction
7 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 District Court jurisdiction unimpaired . . . . . . . . . . . . . . . . . . . . . . 8
9 When P&E Court must remit to tribunal . . . . . . . . . . . . . . . . . . . . 8
10 Principles for exercising jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Declaratory jurisdiction
11 General declaratory jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Declaratory jurisdiction for Minister's call in of development application
10
Part 3 Rules and orders or directions
13 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Orders and directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Powers and procedure (general)
Division 1 Alternative dispute resolution
Subdivision 1 ADR process
15 Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Referral to ADR process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Planning and Environment Court Bill 2015
Contents
18 Resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Documents to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Orders giving effect to resolution agreement . . . . . . . . . . . . . . . . 13
21 Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 2 P&E Court proceedings
22 ADR registrar's powers on Chief Judge's direction. . . . . . . . . . . . 14
23 ADR registrar's powers to hear and decide . . . . . . . . . . . . . . . . . 14
24 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Reference to P&E Court by ADR registrar . . . . . . . . . . . . . . . . . . 15
26 Review by P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 3 ADR registrar's powers
27 ADR registrar's powers--general . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Provision for exercise of ADR registrar's powers . . . . . . . . . . . . . 16
Division 2 Powers
29 Where P&E Court may sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 P&E Court may extend period to take an action. . . . . . . . . . . . . . 18
33 Taking and recording evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Power to state case for Court of Appeal . . . . . . . . . . . . . . . . . . . . 18
35 Terms of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37 Discretion to deal with noncompliance . . . . . . . . . . . . . . . . . . . . . 19
38 What happens if P&E Court judge or ADR registrar dies or is
incapacitated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Parties
39 Planning Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
41 Representative proceedings in particular cases. . . . . . . . . . . . . . 21
Division 4 Miscellaneous
42 P&E Court proceedings open to public . . . . . . . . . . . . . . . . . . . . 22
43 Nature of appeal in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
44 Privileges, protection and immunity . . . . . . . . . . . . . . . . . . . . . . . 22
Part 5 Planning Act proceedings
Division 1 Planning Act appeals
45 Who must prove case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
Planning and Environment Court Bill 2015
Contents
46 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Evidence in P&E Court proceedings
48 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
49 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
51 Instruments, equipment and installations . . . . . . . . . . . . . . . . . . . 26
52 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Evidence of planning instruments or designations . . . . . . . . . . . . 26
54 Planning instruments presumed to be within power . . . . . . . . . . . 27
55 Evidence of local planning instruments . . . . . . . . . . . . . . . . . . . . 27
56 Effect of planning and development certificates . . . . . . . . . . . . . . 27
57 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 6 Costs
58 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
59 General costs provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
60 Orders for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
61 Orders for costs for particular proceedings . . . . . . . . . . . . . . . . . 30
62 Procedures, scale and enforcement of orders for costs . . . . . . . . 31
Part 7 Appeals to Court of Appeal
63 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
64 When leave to appeal must be sought and appeal made . . . . . . 31
65 Court of Appeal's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 8 Registry and officers
66 Registrars and other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
67 ADR registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
68 Registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
69 P&E Court records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 9 Miscellaneous
70 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
71 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
72 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
73 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 10 Savings and transitional provisions
74 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
75 Continuance of existing judgeships . . . . . . . . . . . . . . . . . . . . . . . 35
Page 3
Planning and Environment Court Bill 2015
Contents
76 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
77 Continuance of existing orders and directions . . . . . . . . . . . . . . . 37
78 Existing references to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
79 Existing rules migrate to this Act . . . . . . . . . . . . . . . . . . . . . . . . . 37
80 Migration of particular repealed SPA provisions about the P&E Court to
the rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Page 4
2015
A Bill
for
An Act about the Planning and Environment Court
Planning and Environment Court Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Planning and Environment Court 4
Act 2015. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Dictionary 8
The dictionary in schedule 1 defines words used in this Act. 9
Part 2 Establishment and jurisdiction 10
Division 1 Establishment 11
4 Continuation 12
(1) The Planning and Environment Court (the P&E Court) is 13
continued in existence. 14
(2) The P&E Court-- 15
(a) is a court of record; and 16
(b) has a seal that must be judicially noticed. 17
Page 6
Planning and Environment Court Bill 2015
Part 2 Establishment and jurisdiction
[s 5]
5 Constituting P&E Court 1
(1) The Governor in Council may, by gazette notice, appoint 1 or 2
more District Court judges who are each to constitute the P&E 3
Court. 4
(2) A District Court judge appointed to constitute the P&E Court 5
is called a P&E Court judge. 6
(3) The appointment may be for a specific period. 7
(4) If a District Court judge purports to constitute, and make a 8
decision or order of, the P&E Court, the decision or order is 9
valid despite-- 10
(a) the judge not having been appointed as a P&E Court 11
judge; or 12
(b) the judge's appointment as a P&E Court judge having 13
ended. 14
(5) More than 1 P&E Court may sit at the same time. 15
(6) When more than 1 P&E Court is sitting at the same time, each 16
may exercise the jurisdiction and powers of the P&E Court. 17
6 Chief Judge has overall responsibility for P&E Court 18
(1) The Chief Judge is responsible for the administration of the 19
P&E Court and for ensuring the orderly and expeditious 20
exercise of the jurisdiction and powers of the P&E Court. 21
(2) Subject to any Act, the Chief Judge has power to do all things 22
necessary or convenient to perform the functions mentioned 23
in subsection (1). 24
Division 2 General jurisdiction 25
7 Jurisdiction 26
(1) The P&E Court has jurisdiction given to it under any Act 27
(each an enabling Act). 28
Page 7
Planning and Environment Court Bill 2015
Part 2 Establishment and jurisdiction
[s 8]
Notes-- 1
1 Various Acts give the P&E Court jurisdiction. However, under the 2
Planning Act, chapter 6 and schedule 1 and part 4 of this Act, its 3
main heads of jurisdiction are-- 4
• appeals against decisions under the Planning Act (in this Act, 5
called 'Planning Act appeals') 6
• appeals against decisions of tribunals established under the 7
Planning Act, section 234. 8
2 For when courts have jurisdiction, see also the Acts Interpretation 9
Act 1954, section 49A. 10
(2) Unless the Supreme Court decides a P&E Court decision is 11
affected by jurisdictional error, the decision is non-appealable, 12
other than-- 13
(a) under part 7; or 14
(b) under the relevant enabling Act. 15
(3) In this section-- 16
non-appealable, for a P&E Court decision or order, means the 17
decision or order-- 18
(a) is final and conclusive; and 19
(b) may not be challenged, appealed against, reviewed, 20
quashed, set aside or called into question in any way in 21
any court. 22
8 District Court jurisdiction unimpaired 23
A P&E Court judge retains all of the judge's jurisdiction as a 24
District Court judge. 25
9 When P&E Court must remit to tribunal 26
(1) If-- 27
(a) a P&E Court proceeding is, or includes, a matter within 28
a tribunal's jurisdiction; and 29
(b) the court is satisfied the matter should be dealt with by 30
the tribunal; 31
Page 8
Planning and Environment Court Bill 2015
Part 2 Establishment and jurisdiction
[s 10]
the court must, by order, remit the matter to the tribunal. 1
(2) On the making of the order, the Planning Act sections 228 and 2
238 apply as if the document starting the P&E Court 3
proceeding were a document starting a tribunal proceeding 4
under that Act. 5
10 Principles for exercising jurisdiction 6
(1) In conducting P&E Court proceedings and applying the rules, 7
the P&E Court must-- 8
(a) facilitate the just and expeditious resolution of the 9
issues; and 10
(b) avoid undue delay, expense and technicality. 11
(2) The parties to a P&E Court proceeding impliedly undertake to 12
the court and each other to proceed in an expeditious way. 13
Division 3 Declaratory jurisdiction 14
11 General declaratory jurisdiction 15
(1) Any person may start a P&E Court proceeding seeking a 16
declaration (a declaratory proceeding) about-- 17
(a) a matter done, to be done or that should have been done 18
for this Act or the Planning Act; or 19
(b) the interpretation of this Act or the Planning Act; or 20
(c) the lawfulness of land use or development under the 21
Planning Act; or 22
(d) the construction of a land use plan under the Airport 23
Assets (Restructuring and Disposal) Act 2008 and the 24
interpretation of chapter 3, part 1 of that Act; or 25
(e) the construction of the Brisbane port LUP under the 26
Transport Infrastructure Act 1994. 27
Note-- 28
Page 9
Planning and Environment Court Bill 2015
Part 3 Rules and orders or directions
[s 12]
Under the Acts Interpretation Act 1954, section 7, a reference to 1
an Act in this list of subject matter about which a declaration 2
may be sought includes a reference to the statutory instruments 3
made under the Act. 4
(2) However, a declaratory proceeding for a matter under the 5
Planning Act, chapter 3, part 6, division 3 may be started only 6
under section 12. 7
(3) Also, a person may not start a declaratory proceeding for a 8
matter under the Planning Act, chapter 3, part 6, division 2. 9
(4) The P&E Court may also make an order about any declaration 10
it makes. 11
12 Declaratory jurisdiction for Minister's call in of 12
development application 13
(1) This section applies to an assessment manager for a 14
development application if-- 15
(a) the application is the subject of a call in under the 16
Planning Act; and 17
(b) when the call in took place, the assessment manager had 18
not decided, or had refused, the development. 19
(2) The assessment manager may start a proceeding (also a 20
declaratory proceeding) in the P&E Court for a declaration 21
about a matter done, to be done or that should have been done 22
in relation to the call in. 23
Part 3 Rules and orders or directions 24
13 Rules 25
(1) The Governor in Council may make rules of the P&E Court 26
about any or all of the following matters-- 27
(a) anything required or permitted under an enabling Act to 28
be prescribed by the rules; 29
Page 10
Planning and Environment Court Bill 2015
Part 3 Rules and orders or directions
[s 14]
(b) the P&E Court's procedures; 1
(c) anything necessary or convenient for the P&E Court's 2
purposes. 3
Example of a matter the rules may provide for-- 4
a matter that may be dealt with by the P&E Court's officers under part 8 5
(2) However, the rules may be made only with the concurrence of 6
the Chief Judge and a P&E Court judge. 7
(3) The P&E Court's procedures are governed by the rules, 8
subject to relevant enabling Acts. 9
(4) The rules may be uniform rules that apply to other courts. 10
(5) The rules are subordinate legislation. 11
Note-- 12
Under section 80, particular provisions of the repealed Sustainable 13
Planning Act 2009 continue in effect as if they formed part of the rules. 14
14 Orders and directions 15
(1) The P&E Court may make an order or direction about the 16
conduct of a P&E Court proceeding. 17
(2) The Chief Judge may make directions of general application 18
about the P&E Court's procedures. 19
Note-- 20
See, for example, section 22. 21
(3) In making an order or direction under this section, the 22
interests of justice are paramount. 23
(4) An order or direction made under this section may be 24
inconsistent with a provision of the rules. 25
(5) However, if there is an inconsistency between an order or 26
direction made under this section and a provision of the rules, 27
the order or direction prevails to the extent of the 28
inconsistency. 29
(6) The P&E Court or Chief Judge may vary or revoke an order or 30
direction made under this section. 31
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Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 15]
Part 4 Powers and procedure 1
(general) 2
Division 1 Alternative dispute resolution 3
Subdivision 1 ADR process 4
15 Purpose of subdivision 5
The purpose of this subdivision is to provide an opportunity 6
for parties to a P&E Court proceeding to participate in an 7
ADR process. 8
16 ADR process 9
(1) An ADR process is a process, without adjudication, under the 10
rules in which an ADR registrar helps the parties to a dispute 11
the subject of the P&E Court proceeding to achieve an early, 12
inexpensive settlement or resolution of the dispute. 13
(2) The ADR process includes all the steps involved in the 14
process, including the following steps-- 15
(a) ADR conferences; 16
(b) pre-ADR conference and post-ADR conference 17
sessions; 18
(c) joint sessions of some or all of the parties; 19
(d) private sessions; 20
(e) another step prescribed by the rules. 21
(3) An ADR registrar may, as part of the ADR process, confer 22
with the parties about the way to conduct the P&E Court 23
proceeding. 24
Page 12
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 17]
17 Referral to ADR process 1
If a P&E Court proceeding is referred to an ADR process-- 2
(a) the proceeding is not stayed, unless the P&E Court 3
orders otherwise; but 4
(b) the P&E Court can not decide the proceeding until the 5
ADR process has been finalised. 6
18 Resolution agreement 7
(1) If the parties agree on a resolution of their dispute or part of it 8
as a result of an ADR process, the agreement must be written 9
down and signed by or for each party and by the ADR 10
registrar who conducted the ADR process. 11
(2) The agreement has effect as a compromise. 12
19 Documents to be filed 13
(1) As soon as practicable after an ADR process has finished, the 14
ADR registrar who conducted the ADR process must file a 15
certificate about the ADR process in the approved form. 16
(2) The certificate must not contain comment about the extent to 17
which a party participated or refused to participate in the ADR 18
process. 19
(3) However, the certificate may indicate that a party did not 20
attend the ADR process. 21
20 Orders giving effect to resolution agreement 22
(1) A party may apply to the P&E Court for an order giving effect 23
to an agreement reached as a result of an ADR process. 24
(2) However, a party may apply for the order only after the ADR 25
registrar's certificate has been filed. 26
(3) The P&E Court may make any order it considers appropriate 27
in the circumstances. 28
Page 13
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 21]
21 Preservation of confidentiality 1
(1) An ADR registrar must not disclose to anyone information 2
acquired by the ADR registrar during an ADR process, other 3
than under subsection (2). 4
Maximum penalty--50 penalty units. 5
(2) The ADR registrar may disclose the information-- 6
(a) with the agreement of the person to whom the 7
information relates or someone else authorised by the 8
person; or 9
(b) for the purpose of giving effect to this part; or 10
(c) for statistical purposes not likely to reveal the identity of 11
a person to whom the information relates; or 12
(d) for an inquiry or proceeding about an offence happening 13
during the ADR process; or 14
(e) for a proceeding founded on fraud alleged to be 15
connected with, or to have happened during, the ADR 16
process; or 17
(f) if the disclosure is authorised under an Act or another 18
law. 19
Subdivision 2 P&E Court proceedings 20
22 ADR registrar's powers on Chief Judge's direction 21
The Chief Judge may give directions about the matters and the 22
types of proceedings in which an ADR registrar may exercise 23
the P&E Court's powers for P&E Court proceedings. 24
23 ADR registrar's powers to hear and decide 25
(1) This section applies if the P&E Court makes a direction that 26
an ADR registrar is to hear and decide a particular P&E Court 27
proceeding. 28
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Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 24]
(2) The ADR registrar may hear and decide the proceeding and 1
make an order or direction, including a final judgment or 2
order. 3
24 Conduct of proceedings 4
(1) Subject to section 28, the ADR registrar for a P&E Court 5
proceeding may decide how to conduct the proceeding. 6
(2) However, the ADR registrar must give the parties to the 7
proceeding-- 8
(a) notice of the time and place of any hearing; or 9
(b) if the ADR registrar decides the proceeding can be 10
decided on written submissions only--a notice 11
requiring the submissions to be given to the ADR 12
registrar within a stated reasonable period. 13
25 Reference to P&E Court by ADR registrar 14
(1) If an ADR registrar considers it would be more appropriate 15
for the P&E Court to decide a matter in a P&E Court 16
proceeding before the registrar, the registrar may refer the 17
matter to the court. 18
(2) The P&E Court may dispose of the matter or refer it back to 19
the ADR registrar with any direction the court considers 20
appropriate. 21
26 Review by P&E Court 22
(1) The P&E Court may review any decision, direction or act of 23
an ADR registrar (a court review). 24
(2) A party to a P&E Court proceeding for which an ADR 25
registrar is exercising, or has exercised, powers may apply for 26
a court review only within-- 27
Page 15
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 27]
(a) 15 business days after the decision, direction or act 1
complained of is made or done; or 2
(b) if the P&E Court is satisfied there are sufficient grounds 3
to allow a longer period--the longer period allowed by 4
the P&E Court. 5
(3) A court review is to be on the material that was before the 6
ADR registrar and any additional material the P&E Court 7
gives leave to consider. 8
Note-- 9
A court review is not by way of hearing anew. 10
Subdivision 3 ADR registrar's powers 11
27 ADR registrar's powers--general 12
(1) In a P&E Court proceeding, an ADR registrar may make an 13
order or give a direction as follows-- 14
(a) if the parties consent in writing; 15
(b) about the conduct of an ADR conference, or at the end 16
of an ADR conference, to ensure the expeditious 17
progress of the proceeding. 18
(2) However, an order made under this section can not be a final 19
judgment or order. 20
Note-- 21
An order made under section 23(2) may be a final judgment or order. 22
28 Provision for exercise of ADR registrar's powers 23
The following apply for the exercise of powers, including the 24
hearing and deciding of a P&E Court proceeding, by the ADR 25
registrar-- 26
(a) the ADR registrar must-- 27
(i) facilitate the just and expeditious resolution of the 28
issues; and 29
Page 16
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 29]
(ii) avoid undue delay, expense and technicality; and 1
(iii) act with as little formality as is consistent with a 2
fair and appropriate consideration of the issues; 3
(b) the provisions of this Act relevant to a P&E Court 4
proceeding apply as if the proceeding were before the 5
P&E Court; 6
(c) the ADR registrar must ensure all parties are afforded 7
natural justice; 8
(d) the ADR registrar may, subject to paragraph (c), prohibit 9
or regulate questioning in the hearing. 10
Division 2 Powers 11
29 Where P&E Court may sit 12
The P&E Court may sit at any place. 13
30 Adjournments 14
The P&E Court may do the following for a P&E Court 15
proceeding-- 16
(a) adjourn it from time to time and place to place; 17
(b) adjourn it to a time, or a time and place, to be fixed. 18
31 Subpoenas 19
(1) The P&E Court may summon a person as a witness and-- 20
(a) require the person to produce in evidence documents in 21
the person's possession or power; and 22
(b) examine the person; and 23
(c) punish the person for not attending under the summons 24
or for refusing to give evidence or for failing or refusing 25
to produce the documents. 26
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Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 32]
(2) Despite subsection (1), a person is not required to give 1
evidence that may tend to incriminate the person. 2
(3) For subsection (1), a P&E Court judge has the same powers as 3
a District Court judge. 4
32 P&E Court may extend period to take an action 5
(1) This section applies if the rules or a relevant enabling Act 6
requires an action relating to a P&E Court proceeding or 7
proposed P&E Court proceeding to be taken within a 8
particular period or before a particular time, even if the period 9
has ended or the time has passed. 10
(2) The P&E Court may allow a longer period or different time to 11
take the action if satisfied there are sufficient grounds for the 12
extension. 13
33 Taking and recording evidence 14
The P&E Court must take evidence on oath, affirmation, 15
affidavit, declaration or in another way the court considers 16
appropriate and must record the evidence. 17
34 Power to state case for Court of Appeal 18
(1) This section applies if-- 19
(a) a question of law arises during a P&E Court proceeding; 20
and 21
(b) the proceeding has not ended; and 22
(c) the P&E Court judge presiding considers it desirable 23
that the Court of Appeal decides the question. 24
(2) The P&E Court judge may state the question in the form of a 25
case stated for the Court of Appeal's opinion. 26
(3) Until the Court of Appeal decides the case stated, the P&E 27
Court can not make a decision to which the question is 28
relevant. 29
Page 18
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 35]
(4) The P&E Court can not, in the P&E Court proceeding, 1
proceed in a way, or make a decision, inconsistent with the 2
Court of Appeal's decision on the case stated. 3
35 Terms of orders etc. 4
The P&E Court may make an order, give leave or do anything 5
else it is authorised to do on terms it considers appropriate. 6
36 Contempt 7
(1) A P&E Court judge has the same power to punish a person for 8
contempt as a District Court judge. 9
(2) The District Court of Queensland Act 1967, section 129 10
applies to the P&E Court in the same way as it applies to the 11
District Court. 12
37 Discretion to deal with noncompliance 13
(1) If the P&E Court finds there has been noncompliance with a 14
provision of this Act or an enabling Act, the court may deal 15
with the matter in the way it considers appropriate. 16
(2) Without limiting subsection (1) and to remove any doubt, it is 17
declared that subsection (1)-- 18
(a) applies for a development approval that has lapsed, or a 19
development application that has lapsed or has not been 20
properly made under the Planning Act; and 21
(b) is not limited to-- 22
(i) circumstances in relation to a current P&E Court 23
proceeding; or 24
(ii) provisions under which there is a positive 25
obligation to take particular action. 26
(3) In this section-- 27
noncompliance, with a provision, includes-- 28
Page 19
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 38]
(a) non-fulfilment of part or all of the terms of the 1
provision; and 2
(b) a partial noncompliance with the provision. 3
provision includes a definition. 4
38 What happens if P&E Court judge or ADR registrar dies 5
or is incapacitated 6
(1) Subsection (2) applies if, after starting to hear a P&E Court 7
proceeding, the P&E Court judge presiding (the first judge) 8
dies or can not continue with the proceeding for any reason, 9
including, for example, absence or illness. 10
(2) Another P&E Court judge may-- 11
(a) after consulting the parties-- 12
(i) order the proceeding be reheard; or 13
(ii) adjourn the proceeding to allow the first judge to 14
continue dealing with the proceeding when able; or 15
(b) with the parties' consent, make an order about-- 16
(i) deciding the proceeding; or 17
(ii) completing the hearing of, and deciding, the 18
proceeding. 19
(3) If, after starting to perform functions for a P&E Court 20
proceeding, an ADR registrar dies or can not continue with 21
the proceeding for any reason, the proceeding is to be dealt 22
with in the way the P&E Court considers appropriate. 23
Division 3 Parties 24
39 Planning Minister 25
(1) This section applies for a declaratory proceeding or Planning 26
Act appeal at any time before it is decided. 27
Page 20
Planning and Environment Court Bill 2015
Part 4 Powers and procedure (general)
[s 40]
(2) If the planning Minister becomes satisfied the proceeding 1
involves a State interest, that Minister-- 2
(a) is entitled to be represented in the proceeding; and 3
(b) may elect to be a party in the proceeding by filing in the 4
P&E Court a notice of election in the approved form. 5
(3) The election may be made at any time before the proceeding 6
is decided. 7
(4) In this section-- 8
planning Minister means the Minister administering the 9
Planning Act, chapter 6, part 2. 10
State interest see the Planning Act, schedule 2. 11
40 Appearance 12
A party to a P&E Court proceeding may appear personally or 13
by lawyer or agent. 14
41 Representative proceedings in particular cases 15
(1) A person (the representative) may start a P&E Court 16
proceeding of the following kind on behalf of someone else 17
(the represented)-- 18
(a) a declaratory proceeding; 19
(b) a proceeding for an enforcement order under the 20
Planning Act. 21
(2) However, the proceeding may be started only if the following 22
consents-- 23
(a) if the represented is a person--the person; 24
(b) if the represented is an unincorporated body--its 25
committee or other controlling or governing body. 26
(3) The represented may contribute to, or pay, the expenses, 27
including legal costs, incurred by the representative in relation 28
to the proceeding. 29
Page 21
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 42]
Division 4 Miscellaneous 1
42 P&E Court proceedings open to public 2
A P&E Court proceeding, other than a proceeding ordered by 3
the court to be decided on written submissions only, must be 4
open to the public, unless the rules provide otherwise. 5
43 Nature of appeal in general 6
Subject to any relevant enabling Act, an appeal to the P&E 7
Court is by way of hearing anew. 8
44 Privileges, protection and immunity 9
(1) A person who is 1 of the following in a P&E Court proceeding 10
has the same privileges, protection or immunity as the person 11
would have if the proceeding were in the District Court-- 12
(a) the P&E Court judge presiding over the proceeding; 13
(b) a party to the proceeding; 14
(c) a lawyer or agent appearing in the proceeding; 15
(d) a witness attending in the proceeding. 16
(2) In performing the functions of an ADR registrar, the ADR 17
registrar has the same privileges, protection or immunity as a 18
District Court judge performing a judicial function. 19
Part 5 Planning Act proceedings 20
Note-- 21
The Planning Act provides for matters about starting an appeal. See 22
section 228 of that Act. 23
Page 22
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 45]
Division 1 Planning Act appeals 1
45 Who must prove case 2
(1) For a Planning Act appeal about any of the following matters, 3
the appellant must establish the appeal should be upheld-- 4
(a) an application or request under the Planning Act for 5
which the appellant was the applicant or person making 6
the request; 7
(b) a local government's decision, or the conditions applied, 8
under a local law about the use of premises or the 9
erection of a building or other structure under the 10
Planning Act; 11
(c) an infrastructure charges notice, or a notice amending an 12
infrastructure charges notice, under the Planning Act; 13
(d) a decision by a tribunal. 14
(2) For a Planning Act appeal about a development application by 15
a submitter or advice agency, the applicant must establish the 16
appeal should be dismissed. 17
(3) For a Planning Act appeal by the recipient of an enforcement 18
notice under the Planning Act, the enforcement authority that 19
gave the notice must establish the appeal should be dismissed. 20
(4) For a Planning Act appeal by an affected owner of a 21
compensation claim under the Planning Act, section 32 the 22
local government required to decide the claim for the 23
compensation under that section must establish the appeal 24
should be dismissed. 25
(5) In this section-- 26
advice agency see the Planning Act, schedule 2. 27
46 Nature of appeal 28
(1) If, for a Planning Act appeal, the appellant was the applicant 29
or a submitter for a development application the subject of the 30
appeal, section 43 applies subject to subsections (2) to (5). 31
Page 23
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 47]
(2) The Planning Act, section 45 applies for the P&E Court's 1
decision on the appeal as if-- 2
(a) the P&E Court were the assessment manager for the 3
development application; and 4
(b) the reference in subsection (7) of that section to when 5
the assessment manager decides the application were a 6
reference to when the P&E Court makes the decision. 7
(3) The P&E Court can not consider a change to the development 8
application unless the change is only a minor change to the 9
application. 10
(4) The P&E Court can not consider a change to the development 11
approval the subject of a change application under the 12
Planning Act, section 78, unless the change is only a minor 13
change to the approval. 14
(5) The P&E Court is not prevented from considering and making 15
a decision about a ground of appeal (based on a referral 16
agency response under the Planning Act) merely because that 17
Act required the assessment manager to refuse the 18
development application or approve it subject to conditions. 19
(6) If the appeal is against a decision about a superseded planning 20
scheme application under the Planning Act, the P&E Court 21
must-- 22
(a) consider the aspect of the appeal relating to the 23
assessment manager's consideration of the superseded 24
planning scheme in question as if the application had 25
been made under the superseded planning scheme; and 26
(b) in considering the aspect, disregard the planning scheme 27
in force when the application was made. 28
47 Appeal decision 29
(1) In deciding a Planning Act appeal, the P&E Court must 30
decide to do 1 of the following (the appeal decision) for the 31
decision appealed against-- 32
(a) confirm it; 33
Page 24
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 48]
(b) change it; 1
(c) set it aside and-- 2
(i) make a decision replacing it; or 3
(ii) return the matter to the entity that made the 4
decision appealed against with directions the P&E 5
Court considers appropriate. 6
(2) The appeal decision may also include other orders, 7
declarations or directions the P&E Court considers 8
appropriate. 9
(3) The appeal decision (other than one to confirm the decision 10
appealed against or to set it aside and return the matter) is 11
taken, for the Planning Act (other than chapter 6), to have 12
been made by the entity that made the decision appealed 13
against. 14
Division 2 Evidence in P&E Court proceedings 15
48 Application of division 16
This division applies to the following proceedings-- 17
(a) any Planning Act proceeding; 18
(b) any declaratory proceeding. 19
Note-- 20
Under the Planning Act, section 277, this division also applies to a 21
proceeding relating to the Planning Act in a court other than the P&E 22
Court or in a tribunal and to anyone else acting judicially in relation to a 23
proceeding relating to the Planning Act. 24
49 Appointments and authority 25
It is not necessary to prove either of the following for an 26
enforcement authority CEO-- 27
(a) appointment to that office; 28
(b) authority to do anything under the Planning Act. 29
Page 25
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 50]
50 Signatures 1
A signature purporting to be that of an enforcement authority 2
CEO is evidence of the signature it purports to be. 3
51 Instruments, equipment and installations 4
(1) Any prescribed instrument, equipment or installation that is 5
used by an appropriately qualified person under any 6
prescribed conditions is taken to be accurate and precise in the 7
absence of evidence to the contrary. 8
(2) In this section-- 9
prescribed means prescribed by regulation under this Act or 10
another Act. 11
52 Analyst's certificate or report 12
A certificate or report purporting to be signed by an 13
appropriately qualified person and stating any of the following 14
matters is evidence of the matter-- 15
(a) the person's qualifications; 16
(b) the person took, or received from a stated person, a 17
stated sample; 18
(c) the person analysed the sample on a stated day, or 19
during a stated period, and at a stated place; 20
(d) the results of the analysis. 21
53 Evidence of planning instruments or designations 22
(1) A certified copy of a planning instrument or designation 23
notice is evidence of the content of the instrument or notice. 24
(2) The P&E Court must take judicial notice of a certified copy of 25
a planning instrument or designation notice. 26
(3) A copy of the gazette or newspaper containing a notice about 27
the making of a planning instrument or designation is 28
evidence of the matters stated in the notice. 29
Page 26
Planning and Environment Court Bill 2015
Part 5 Planning Act proceedings
[s 54]
(4) In this section-- 1
certified copy, of a document, see the Planning Act, schedule 2
2. 3
designation see the Planning Act, section 35(1). 4
designation notice means a notice under the Planning Act, 5
section 38(2)(b) or (c). 6
54 Planning instruments presumed to be within power 7
A Minister's or local government's power under the Planning 8
Act to make a planning instrument is to be presumed, unless 9
the issue is raised. 10
55 Evidence of local planning instruments 11
(1) A local government's chief executive officer may certify a 12
document to be a true copy of all or part of any of its local 13
planning instruments in force at a stated time. 14
(2) The certified document is admissible in evidence as if it were 15
the original. 16
56 Effect of planning and development certificates 17
A planning and development certificate under the Planning 18
Act is evidence of the matters the certificate states. 19
57 Evidentiary aids generally 20
(1) A certificate purporting to be signed by an enforcement 21
authority CEO stating any of the following matters is evidence 22
of the matter-- 23
(a) a stated document is-- 24
(i) an appointment or a copy of an appointment; or 25
(ii) a direction or decision, or a copy of a direction or 26
decision, given or made under the Planning Act; or 27
Page 27
Planning and Environment Court Bill 2015
Part 6 Costs
[s 58]
(iii) a notice, order, permit or other document, or a copy 1
of a notice, order, permit or other document, given 2
under the Planning Act; 3
(b) on a stated day, or during a stated period, the benefit of a 4
development permit for stated development was or was 5
not vested in a stated person; 6
(c) on a stated day, or during a stated period, a development 7
permit-- 8
(i) was or was not in effect for a stated person or 9
development; or 10
(ii) was or was not subject to a stated condition; 11
(d) on a stated day, a stated person was given a stated notice 12
or direction under the Planning Act; 13
(e) a stated amount is payable under the Planning Act by a 14
stated person and has not been paid. 15
(2) In this section-- 16
development permit see the Planning Act, section 49(3). 17
Part 6 Costs 18
58 Definitions for part 19
In this part-- 20
costs-- 21
(a) for a P&E Court proceeding of the following type, 22
includes a party's costs to investigate, or gather evidence 23
for, the proceeding that the P&E Court decides the party 24
reasonably incurred-- 25
(i) a declaratory proceeding about the lawfulness of 26
land use or development under the Planning Act, 27
including any order under section 11(4); 28
Page 28
Planning and Environment Court Bill 2015
Part 6 Costs
[s 59]
(ii) an enforcement notice appeal; 1
(iii) an enforcement proceeding; and 2
(b) for an enforcement notice appeal, also includes costs 3
relating to investigations or gathering of evidence for the 4
giving of the relevant enforcement notice. 5
enforcement notice appeal means an appeal against the 6
giving of an enforcement notice under the Planning Act. 7
enforcement proceeding means a proceeding for an 8
enforcement order or interim enforcement order under the 9
Planning Act. 10
59 General costs provision 11
Subject to sections 60 and 61, each party to a P&E Court 12
proceeding must bear the party's own costs for the 13
proceeding. 14
60 Orders for costs 15
(1) The P&E Court may make an order for costs for a P&E Court 16
proceeding as it considers appropriate if a party has incurred 17
costs in 1 or more of the following circumstances-- 18
(a) the P&E Court considers the proceeding was started or 19
conducted primarily for an improper purpose, including, 20
for example, to delay or obstruct; 21
Example-- 22
A party (the first party) with similar commercial interests to 23
another party started a proceeding. The P&E Court considers the 24
proceeding was started primarily to advance the first party's 25
commercial interests by delaying or obstructing the other party's 26
development approval from taking effect. 27
(b) the P&E Court considers the proceeding to have been 28
frivolous or vexatious; 29
Example-- 30
The P&E Court considers a proceeding was started or conducted 31
without reasonable prospects of success. 32
Page 29
Planning and Environment Court Bill 2015
Part 6 Costs
[s 61]
(c) a party has not been given reasonable notice of intention 1
to apply for an adjournment of the proceeding; 2
(d) a party is required to apply for an adjournment because 3
of the conduct of another party; 4
(e) without limiting paragraph (d), a party has introduced, 5
or sought to introduce, new material; 6
(f) a party has defaulted in the P&E Court's procedural 7
requirements; 8
(g) the P&E Court considers an applicant for a development 9
application or change application did not give all the 10
information reasonably required to assess the 11
development application or change application; 12
(h) the P&E Court considers an assessment manager, 13
referral agency or local government should have taken 14
an active part in a proceeding and did not do so; 15
(i) an applicant, submitter, assessment manager, referral 16
agency or local government does not properly discharge 17
its responsibilities in the proceeding. 18
(2) In this section-- 19
change application means an application under the Planning 20
Act, section 78, other than for a minor change. 21
development assessment rules see the Planning Act, section 22
68(1). 23
referral agency see the Planning Act, section 54(2). 24
61 Orders for costs for particular proceedings 25
(1) If, for an enforcement proceeding, the P&E Court makes an 26
enforcement order or interim enforcement order against a 27
person, it may award costs against the person. 28
(2) If the P&E Court declares that an owner wrongly sought the 29
cancellation of a development approval in contravention of 30
the owner's consent requirement under the Planning Act, it 31
must award costs against the owner. 32
Page 30
Planning and Environment Court Bill 2015
Part 7 Appeals to Court of Appeal
[s 62]
(3) If the P&E Court allows an assessment manager to withdraw 1
from an appeal, the court must not award costs against the 2
assessment manager. 3
62 Procedures, scale and enforcement of orders for costs 4
(1) This section applies to an order for costs made under section 5
60 or 61. 6
(2) The P&E Court may make an order for the amount of costs to 7
be decided under the appropriate procedure and scale of costs 8
for proceedings in the District Court. 9
(3) An order made under section 60 or 61 may be enforced as if it 10
were an order of the District Court. 11
Part 7 Appeals to Court of Appeal 12
63 Who may appeal 13
(1) A party to a P&E Court proceeding may appeal a decision in 14
the proceeding, but only on the ground of error or mistake in 15
law or jurisdictional error. 16
(2) However, the appeal may be made only with the leave of the 17
Court of Appeal. 18
(3) Power to grant leave may be exercised by a single judge of 19
appeal. 20
64 When leave to appeal must be sought and appeal made 21
(1) A party intending to seek the Court of Appeal's leave to 22
appeal against a P&E Court decision must apply for the leave 23
within 30 business days after receiving the decision. 24
(2) A notice of appeal must be served and filed within 30 business 25
days after any grant of the leave unless the Court orders 26
otherwise. 27
Page 31
Planning and Environment Court Bill 2015
Part 8 Registry and officers
[s 65]
65 Court of Appeal's powers 1
The Court of Appeal may do 1 or more of the following-- 2
(a) return the matter to the P&E Court to decide in 3
accordance with the appeal decision; 4
(b) affirm, amend, or revoke the decision appealed against 5
and substitute another order or decision for the decision; 6
(c) make an order it considers appropriate. 7
Note-- 8
See also the Planning Act, section 72. 9
Part 8 Registry and officers 10
66 Registrars and other officers 11
(1) The P&E Court's principal registrar is the principal registrar 12
appointed for the District Court. 13
(2) The P&E Court's registrars are the registrars appointed for the 14
District Court. 15
(3) The P&E Court's other officers are the other officers 16
appointed for the District Court. 17
67 ADR registrar 18
The P&E Court's principal registrar may, after consulting the 19
Chief Judge, appoint a registrar or other officer of the P&E 20
Court as an ADR registrar of the court. 21
68 Registries 22
(1) Each District Court registry is a registry of the P&E Court. 23
(2) The registry of the P&E Court at Brisbane is the P&E Court's 24
principal registry. 25
Page 32
Planning and Environment Court Bill 2015
Part 9 Miscellaneous
[s 69]
(3) The P&E Court's registries are under the P&E Court's 1
principal registrar's control. 2
(4) The principal registrar may give directions in connection with 3
the P&E Court and P&E Court proceedings to the P&E 4
Court's registrars and other officers employed in the registries. 5
69 P&E Court records 6
(1) The P&E Court's principal registrar must keep records of 7
P&E Court decisions and perform the other functions the 8
court directs. 9
(2) The P&E Court's records held at a place must be kept in the 10
custody of the P&E Court's principal registrar. 11
Part 9 Miscellaneous 12
70 Annual report 13
(1) As soon as practicable but no later than 4 months after the end 14
of each financial year, the Chief Judge must prepare and give 15
to the Minister a written report about the operation of the P&E 16
Court during the financial year. 17
(2) The Minister must table a copy of the report in the Legislative 18
Assembly within 14 sitting days after receiving the report. 19
(3) The Chief Judge may combine the report with the District 20
Court report for the same financial year in the 1 report. 21
(4) In this section-- 22
District Court report means the report prepared under the 23
District Court of Queensland Act 1967, section 130A, for a 24
financial year. 25
Page 33
Planning and Environment Court Bill 2015
Part 10 Savings and transitional provisions
[s 71]
71 Judicial notice 1
All courts and persons acting judicially must take judicial 2
notice of the appointment and signature of persons holding 3
office under this Act. 4
72 Approval of forms 5
The Chief Judge and another P&E Court judge may approve 6
forms for use under this Act. 7
73 Regulation-making power 8
(1) The Governor in Council may make regulations under this 9
Act. 10
(2) A regulation may impose a penalty of no more than 20 penalty 11
units for a contravention of a regulation. 12
Part 10 Savings and transitional 13
provisions 14
Note-- 15
For other transitional provisions concerning the P&E Court, see the 16
Planning Act, chapter 8, part 1. 17
74 Definitions for part 18
In this part-- 19
court means the Planning and Environment Court continued 20
under repealed SPA, immediately before the commencement. 21
repealed SPA means the repealed Sustainable Planning Act 22
2009. 23
Page 34
Planning and Environment Court Bill 2015
Part 10 Savings and transitional provisions
[s 75]
75 Continuance of existing judgeships 1
On the commencement, a judge of the court becomes a P&E 2
Court judge for the rest of the judge's unexpired term of office 3
as a judge of the court. 4
76 Proceedings 5
(1) This section applies to a matter under repealed SPA or an 6
enabling Act if a person-- 7
(a) had started proceedings under repealed SPA before the 8
commencement but the proceedings had not ended 9
before the commencement; or 10
(b) had, immediately before the commencement, a right to 11
start proceedings under repealed SPA; or 12
(c) has a right to start proceedings that arises after the 13
commencement in relation to-- 14
(i) a statutory instrument mentioned in the Planning 15
Act, section 286; or 16
(ii) an application mentioned in the Planning Act, 17
section 287; or 18
(iii) any provision of an enabling Act that provides for 19
the continuation of the matter after the 20
commencement. 21
(2) This Act applies to any appeal in relation to proceedings 22
mentioned in subsection (1)(a). 23
Example-- 24
Proceedings are continued under the Planning Act, section 308(2)(a). 25
This Act will apply to an appeal in relation to the proceedings. 26
(3) This Act applies to the proceedings mentioned in subsection 27
(1)(b) or (c) subject to subsections (4) and (5). 28
Example-- 29
A person starts proceedings under the Planning Act, section 308(4). 30
This Act will also apply to the proceedings. 31
(4) For proceedings brought under section 11-- 32
Page 35
Planning and Environment Court Bill 2015
Part 10 Savings and transitional provisions
[s 76]
(a) a reference in that section to the Planning Act is taken to 1
include a reference to repealed SPA; and 2
(b) a reference in that section to the Planning Act, chapter 3, 3
part 6, division 2 is taken to include a reference to 4
repealed SPA, chapter 6, part 11, division 1; and 5
(c) a reference in that section to the Planning Act, chapter 3, 6
part 6, division 3 is taken to include a reference to a call 7
in of an application under repealed SPA, chapter 6, part 8
11, division 2. 9
(5) For proceedings brought under section 12-- 10
(a) a reference in that section to the application the subject 11
of a call in under the Planning Act is taken to include a 12
reference to an application under repealed SPA, chapter 13
6, part 11, division 2; and 14
(b) a reference in that section to the assessment manager is 15
taken to include a reference to an assessment manager 16
under repealed SPA. 17
(6) Also, to remove any doubt, it is declared that repealed SPA, 18
section 440-- 19
(a) applies also for a development approval that has lapsed; 20
and 21
(b) is not limited to-- 22
(i) circumstances in relation to a court proceeding 23
under repealed SPA or a current P&E Court 24
proceeding; or 25
(ii) provisions under which there is a positive 26
obligation to take particular action; and 27
(c) applies as if a reference to a provision not being 28
complied with, or not being fully complied with, is 29
taken to include-- 30
(i) non-fulfilment of part or all of the provision; and 31
(ii) a partial noncompliance with the provision. 32
(7) In this section-- 33
Page 36
Planning and Environment Court Bill 2015
Part 10 Savings and transitional provisions
[s 77]
provision includes a definition. 1
77 Continuance of existing orders and directions 2
(1) An order of the court in force immediately before the 3
commencement continues in effect as an order of the P&E 4
Court. 5
(2) The order may be discharged or amended under this Act by 6
the P&E Court. 7
(3) A direction (a practice direction) issued by the Chief Judge of 8
the District Court under repealed SPA, section 446(2), and in 9
force immediately before the commencement continues in 10
force as if it were made under section 14(2). 11
(4) A practice direction must be read with the changes necessary 12
to make it consistent with, and adapt its operation to, all 13
enabling Acts. 14
(5) Subsections (3) and (4) do not prevent further directions from 15
amending or repealing a practice direction. 16
78 Existing references to court 17
In another Act or document, a reference to the court is taken 18
to be a reference to the P&E Court. 19
79 Existing rules migrate to this Act 20
(1) The Planning and Environment Court Rules 2010 (the 2010 21
rules) are taken to be the rules under this Act until this section 22
expires. 23
(2) The 2010 rules must be read with the changes necessary to 24
make them consistent with, and adapt their operation to, all 25
enabling Acts. 26
Example-- 27
A reference to a provision (the repealed provision) of chapter 7 of 28
repealed SPA must be read as a reference to any provision of this Act or 29
of the Planning Act that corresponds, or substantially corresponds, to 30
the repealed provision. 31
Page 37
Planning and Environment Court Bill 2015
Part 10 Savings and transitional provisions
[s 80]
(3) This section does not prevent further rules from amending or 1
repealing the 2010 rules. 2
(4) This section expires on the earlier of the following-- 3
(a) 6 months after the commencement; 4
(b) if, during the 6 months, a provision of the rules repeals 5
all of the 2010 rules that were taken to be the rules under 6
this Act--when the provision commences. 7
80 Migration of particular repealed SPA provisions about the 8
P&E Court to the rules 9
(1) Despite their repeal, repealed SPA, sections 456(8) and 459 10
(the SPA provisions) continue in effect until this section 11
expires for any matter not provided for under the rules as if 12
they formed part of the rules. 13
(2) The SPA provisions must be read with the changes necessary 14
to make them consistent with, and adapt their operation to-- 15
(a) this Act; and 16
(b) the rules (whether they provide for the matter in the 17
same way as, or a different way from, the SPA 18
provisions); and 19
(c) the Planning Act, chapter 6. 20
(3) The rules may amend or repeal the effect of either or both of 21
the SPA provisions under this section. 22
(4) This section expires on the earlier of the following-- 23
(a) 6 months after the commencement; 24
(b) the repeal, under subsection (3), of the effect of both of 25
the SPA provisions. 26
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Planning and Environment Court Bill 2015
Schedule 1
Schedule 1 Dictionary 1
section 3 2
ADR conference means a mediation or a chaired meeting of 3
experts, a case management conference or without prejudice 4
conference convened under the rules. 5
ADR process see section 16(1). 6
ADR registrar means a person holding appointment under 7
section 67 as an ADR registrar of the P&E Court. 8
appeal decision see section 47(1). 9
approved form means a form approved under section 72. 10
assessment manager see the Planning Act, section 48. 11
business day does not include a day between 26 December of 12
a year and 1 January of the following year. 13
Chief Judge means the Chief Judge of the District Court. 14
costs, for part 6, see section 58. 15
declaratory proceeding see sections 11(1) and 12(2). 16
development application see the Planning Act, schedule 2. 17
development approval see the Planning Act, section 49(1). 18
enabling Act, for a provision about the P&E Court, see 19
section 7(1). 20
enforcement authority see the Planning Act, schedule 2. 21
enforcement authority CEO means the chief executive or the 22
chief executive officer, however called, of an enforcement 23
authority. 24
enforcement notice appeal, for part 6, see section 58. 25
enforcement proceeding, for part 6, see section 58. 26
minor change see the Planning Act, schedule 2. 27
P&E Court see section 4. 28
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Planning and Environment Court Bill 2015
Schedule 1
P&E Court judge see section 5(2). 1
P&E Court proceeding means-- 2
(a) generally--a proceeding before the P&E Court; and 3
(b) for part 6--a proceeding, including a part of a 4
proceeding and an application in a proceeding, before 5
the P&E Court. 6
P&E Court's principal registrar means the P&E Court's 7
principal registrar under section 66(1). 8
party, for a provision about a P&E Court proceeding, means 9
any or all of the following for the proceeding-- 10
(a) the applicant or appellant; 11
(b) the respondent; 12
(c) any co-respondent; 13
(d) if the Minister is represented, or elects to be a 14
party--the Minister. 15
Planning Act means the Planning Act 2015. 16
Planning Act appeal means an appeal to the P&E Court for 17
which the Planning Act is the enabling Act. 18
Note-- 19
For the appeal right, see the Planning Act, section 228. 20
Planning Act proceeding means-- 21
(a) a P&E Court proceeding for which the Planning Act is 22
the enabling Act, including a Planning Act appeal; or 23
(b) a declaratory proceeding relating to the Planning Act; or 24
(c) a proceeding for an enforcement order under the 25
Planning Act. 26
planning instrument see the Planning Act, section 8(1). 27
relevant enabling Act, for provision about a P&E Court 28
proceeding, means the enabling Act that confers jurisdiction 29
for the proceeding on the P&E Court. 30
rules means the rules of the P&E Court made under section 31
13(1). 32
Page 40
Planning and Environment Court Bill 2015
Schedule 1
submitter see the Planning Act, schedule 2. 1
tribunal see the Planning Act, schedule 2. 2
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 41
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