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Queensland
Planning (Consequential) and
Other Legislation Amendment
Bill 2015
Queensland
Planning (Consequential) and Other
Legislation Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 2 Amendment of Aboriginal Cultural Heritage Act 2003
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4 Omission of s 89 (Cultural heritage management plan needed under
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 3 Amendment of Aboriginal Land Act 1991
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
6 Amendment of s 32B (Definitions for pt 2A) . . . . . . . . . . . . . . . . . 37
Part 4 Amendment of Acquisition of Land Act 1967
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
8 Amendment of sch 1 (Purposes for taking land) . . . . . . . . . . . . . 37
Part 5 Amendment of Acts Interpretation Act 1954
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
10 Amendment of sch 1 (Meaning of commonly used words and
expressions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 6 Amendment of Airport Assets (Restructuring and Disposal)
Act 2008
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
12 Amendment of ss 31 and 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
13 Amendment of s 35 (Content of land use plan) . . . . . . . . . . . . . . 39
14 Amendment of s 36 (Statement of proposal for preparation of land use
plan or amendment of plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
15 Amendment of s 46 (Ministerial direction to airport lessee) . . . . . 40
16 Amendment of s 48 (Airport land not subject to local planning
instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
17 Omission of ss 49 and 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
18 Amendment of s 52 (Particular provisions of Planning Act do not apply
in relation to airport land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
19 Amendment of s 53 (Modified application of Planning Act, ch 9, pt 6, div
4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
20 Amendment of s 54 (Development on local heritage place not
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
21 Replacement of s 55 (Restriction on designation for community
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
55 Restriction on designation of premises under Planning Act
for development of infrastructure . . . . . . . . . . . . . . . . 43
22 Omission of s 56 (Restriction on application of master plan) . . . . 44
23 Replacement of ss 58 and 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
58 Existing lawful uses, works and approvals . . . . . . . . . 44
59 Implied and uncommenced right to use . . . . . . . . . . . 45
24 Amendment of s 61 (Amendment of planning schemes) . . . . . . . 46
25 Omission of ch 6, pt 1, hdg (Miscellaneous) . . . . . . . . . . . . . . . . 46
26 Omission of ch 6, pt 2 (Transitional provisions) . . . . . . . . . . . . . . 46
27 Insertion of new ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Chapter 7 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
108 Definitions for chapter. . . . . . . . . . . . . . . . . . . . . . . . . 47
109 References to priority infrastructure interface plans in land
use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
110 Existing development applications . . . . . . . . . . . . . . 48
111 Existing process for amending planning scheme to make a
change required by s 61(2) . . . . . . . . . . . . . . . . . . . . 48
28 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 48
Part 7 Amendment of Biosecurity Act 2014
29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
30 Amendment of s 9 (Relationship with particular Acts) . . . . . . . . . 50
31 Amendment of s 119 (Additional powers of inspector for place within a
biosecurity emergency area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 8 Amendment of Body Corporate and Community
Management Act 1997
32 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
33 Amendment of s 60 (Community management statement notation) 51
34 Amendment of s 313 (Representation in planning proceedings) . 52
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Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
35 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 9 Amendment of Building Act 1975
36 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
37 Amendment of s 3 (Simplified outline of main provisions of Act) . 53
38 Amendment of s 5 (What is building work) . . . . . . . . . . . . . . . . . . 53
39 Replacement of s 6 (What is a building development application) 54
6 What is a building development application . . . . . . . . 54
40 Amendment of s 10 (What is a building certifying function) . . . . . 54
41 Amendment of s 11 (Who is the assessment manager for a building
development application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
42 Amendment of s 16 (Reference in Act to applicants, development,
assessment managers, referral agencies, building work or building
certifiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
43 Amendment of s 18 (Reference to local government includes any other
assessment manager under the Planning Act) . . . . . . . . . . . . . . 56
44 Replacement of ch 2, hdg (When building work is assessable,
self-assessable or exempt development) . . . . . . . . . . . . . . . . . . . 56
Chapter 2 When building work is assessable
development or accepted development
45 Amendment of s 20 (Building work that is assessable development for
the Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
46 Amendment of s 21 (Building work that is self-assessable for the
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
47 Omission of s 22 (Building work that is exempt development for the
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
48 Amendment of ch 3, hdg (Additional requirements for building
development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
49 Amendment of s 25 (General requirements for supporting documents)
59
50 Replacement of ch 4, hdg (Assessment of building development
applications and carrying out self-assessable building work). . . . 59
51 Amendment of ch 4, pt 1, hdg (Laws and other documents under which
building work must be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . 60
52 Amendment of ch 4, pt 1, div 1, hdg (General provisions about the laws
and documents for the assessment) . . . . . . . . . . . . . . . . . . . . . . 60
53 Amendment of s 30 (Relevant laws and other documents for
assessment of building work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
54 Amendment of s 31 (Building assessment provisions form a code for
IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
55 Amendment of s 33 (Alternative provisions to QDC boundary clearance
and site cover provisions for particular buildings). . . . . . . . . . . . . 62
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Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
56 Omission of s 34 (Relationship between IDAS and other building
assessment provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
57 Amendment of s 34A (Decision for building development application that
complies with building assessment provisions) . . . . . . . . . . . . . . 62
58 Amendment of s 37 (Provision for changes to building assessment
provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
59 Amendment of s 38 (Applying to vary how particular building
assessment provision applies) . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
60 Amendment of s 40 (Effect of variation application on IDAS process) 63
61 Amendment of s 42 (Criteria for decision) . . . . . . . . . . . . . . . . . . 63
62 Amendment of s 43 (Notice of decision) . . . . . . . . . . . . . . . . . . . 63
63 Amendment of s 46 (Concurrence agencies may carry out building
assessment work within their jurisdiction) . . . . . . . . . . . . . . . . . . 63
64 Amendment of s 48 (Functions of private certifier (class A)) . . . . 64
65 Amendment of s 51 (Function to act on building development application
or development approval unless private certifier (class A) engaged) 66
66 Replacement of s 54 (Local government may rely on documents private
certifier gives it for inspection or purchase) . . . . . . . . . . . . . . . . . 66
54 Local government may rely on documents private certifier
gives it for providing public access . . . . . . . . . . . . . . . 66
67 Amendment of ch 4, pt 2, div 4, hdg (Power of particular replacement
assessment managers to decide status under IDAS) . . . . . . . . . 67
68 Amendment of s 55 (Power to decide what stage of IDAS application is
to resume or start) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
69 Amendment of s 57 (Building certifier's or concurrence agency's
discretion--QDC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
70 Amendment of s 59 (Discretion for building development applications for
particular budget accommodation buildings) . . . . . . . . . . . . . . . . 68
71 Omission of s 62 (Requirement to consider any advice agency
response) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
72 Amendment of ch 4, pt 5, hdg (Conditions of building development
approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
73 Amendment of s 69 (Operation of div 1) . . . . . . . . . . . . . . . . . . . 68
74 Amendment of s 71 (When demolition, removal and rebuilding must
start and be completed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
75 Amendment of s 83 (General restrictions on granting building
development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
76 Amendment of s 84 (Approval must not be inconsistent with particular
earlier approvals or self-assessable development) . . . . . . . . . . . 70
77 Amendment of s 85 (Additional requirement for decision notice) . 71
78 Amendment of s 86 (Requirements on approval of application). . 71
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Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
79 Replacement of s 90 (Relevant period under the Planning Act, s 341 for
development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
90 Currency period under the Planning Act, s 85(1) for building
development approval . . . . . . . . . . . . . . . . . . . . . . . . 72
80 Amendment of s 91 (Lapsing of building development approval) . 72
81 Amendment of s 94 (Application of div 2). . . . . . . . . . . . . . . . . . . 72
82 Amendment of s 95 (Reminder notice requirement for lapsing) . . 72
83 Amendment of s 96 (Extension of lapsing time because of application to
extend relevant period under the Planning Act, s 341). . . . . . . . . 73
84 Amendment of s 97 (Restriction on private certifier (class A) extending
relevant period under the Planning Act, s 341 more than once) . 73
85 Amendment of s 99 (Obligation to give owner inspection documentation
on final inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
86 Amendment of s 102 (Obligation to give certificate of classification on
inspection after particular events) . . . . . . . . . . . . . . . . . . . . . . . . 74
87 Amendment of s 107 (Building certifier's obligation to give referral
agency certificate and other documents) . . . . . . . . . . . . . . . . . . . 74
88 Amendment of s 122 (Building certifier's obligation to give owner
inspection documentation if building development approval lapses) 74
89 Amendment of s 131 (Access to code of conduct) . . . . . . . . . . . . 75
90 Amendment of s 146 (Agreed fee recoverable despite valid refusal of
particular actions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
91 Amendment of s 204 (Decision after investigation or audit completed)75
92 Amendment of s 220 (Owner must ensure building conforms with fire
safety standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
93 Amendment of s 221 (Approval of longer period for conformity with fire
safety standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
94 Amendment of s 223 (Stay of operation of local government decision)
76
95 Amendment of s 226 (Obligation about fire safety management plan) 76
96 Amendment of s 231AI (RCB assessment reports) . . . . . . . . . . . 77
97 Amendment of s 231AL (Approval of later day for obtaining fire safety
(RCB) compliance certificate or certificate of classification) . . . . 77
98 Amendment of s 238 (Notice of decision) . . . . . . . . . . . . . . . . . . 77
99 Amendment of s 242 (Local government may revoke exemption) 77
100 Amendment of s 244 (Keeping copy of exemption) . . . . . . . . . . . 78
101 Amendment of s 245C (Notice of decision and application of pool safety
standard under exemption). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
102 Amendment of s 245E (Local government may revoke exemption) 78
103 Amendment of s 245FA (Keeping copy of exemption) . . . . . . . . . 78
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Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
104 Amendment of s 245S (Appeals to building and development committee
of decisions under div 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
105 Amendment of s 246AO (Appeals to building and development
committee of decisions under pt 3) . . . . . . . . . . . . . . . . . . . . . . . 79
106 Amendment of s 246ATB (Private certifier to take enforcement action)
79
107 Amendment of ch 9, hdg (Show cause and enforcement notices) 80
108 Amendment of s 248 (Enforcement notices) . . . . . . . . . . . . . . . . 80
109 Amendment of s 250 (Appeals against enforcement notices) . . . 80
110 Amendment of s 255 (Information to be given by the State) . . . . 80
111 Amendment of s 259 (Access to guidelines) . . . . . . . . . . . . . . . . 80
112 Insertion of new ch 11, pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 19 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
345 Existing building development applications . . . . . . . . 81
113 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 10 Amendment of Building and Construction Industry
(Portable Long Service Leave) Act 1991
114 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
115 Amendment of s 67 (Notification of building and construction work) 84
116 Amendment of s 73 (Meaning of cost of building and construction work)
84
117 Amendment of s 74 (Liability for levy) . . . . . . . . . . . . . . . . . . . . . 84
118 Amendment of s 75 (When levy is payable) . . . . . . . . . . . . . . . . . 85
119 Amendment of s 77 (Duty to sight approved form). . . . . . . . . . . . 85
120 Insertion of new pt 11, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 8 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
125 Existing particular development applications or requests for
compliance assessment . . . . . . . . . . . . . . . . . . . . . . . 86
121 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 87
Part 11 Amendment of Cape York Peninsula Heritage Act 2007
122 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
123 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 7 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
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Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
30 Continuing application of pt 4 to existing vegetation clearing
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
124 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 89
Part 12 Amendment of Century Zinc Project Act 1997
125 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
126 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Part 8 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
23 Existing development applications--Gregory outstation 90
127 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 90
Part 13 Amendment of City of Brisbane Act 2010
128 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
129 Amendment of s 40 (Development processes) . . . . . . . . . . . . . . 91
130 Amendment of s 79 (Assessment of impacts on roads from certain
activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
131 Insertion of new ch 8, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 7 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
270 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
271 Existing development application--resumption of particular
land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
272 Entry under existing application, permit or notice. . . . 92
273 Existing remedial notice . . . . . . . . . . . . . . . . . . . . . . . 93
274 Existing inside information . . . . . . . . . . . . . . . . . . . . . 93
275 Existing unpaid fine--where fine to be paid to . . . . . . 94
132 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 14 Amendment of Coastal Protection and Management Act
1995
133 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
134 Amendment of s 9 (Meaning of canal) . . . . . . . . . . . . . . . . . . . . . 95
135 Amendment of s 21 (Content of coastal plan) . . . . . . . . . . . . . . . 95
136 Amendment of s 25 (Notice about draft coastal plan) . . . . . . . . . 96
137 Amendment of s 28 (Notice about making coastal plan) . . . . . . . 96
138 Amendment of s 34 (Implementation of coastal plan) . . . . . . . . . 96
139 Amendment of s 66 (Coastal building line). . . . . . . . . . . . . . . . . . 96
140 Amendment of s 85 (Suspension or cancellation--grounds) . . . . 96
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141 Omission of ch 2, pt 5, div 2 (Removal of quarry material may require
other approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
142 Replacement of ch 2, pt 6, hdg (Development approvals for assessable
development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
143 Omission of ch 2, pt 6, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . 97
144 Replacement of s 109 (Application of div 3). . . . . . . . . . . . . . . . . 97
109 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 97
145 Replacement of ch 2, pt 6, div 3, sdiv 2 (Land surrender conditions) 98
Subdivision 2 Land surrender requirements
110 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . 98
111 Notice of proposed land surrender requirement. . . . . 99
112 Decision whether to require surrender of land . . . . . . 100
113 Land surrender requirement. . . . . . . . . . . . . . . . . . . . 101
114 Effect on decisions or actions if relevant application is
refused or development approval stops having effect 102
115 Land surrender requirement can not be given in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
115AA Compliance with land surrender requirement. . . . . . . 104
146 Amendment of s 115A (Applicant may surrender land voluntarily) 104
147 Amendment of s 115B (Surrendered land to be dedicated for coastal
management purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
148 Amendment of s 116 (Canals--surrender to the State) . . . . . . . . 104
149 Omission of ch 2, pt 6, div 4, sdiv 2 (Development applications involving
artificial waterways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
150 Omission of ch 2, pt 6, div 5 (Exemption certificates) . . . . . . . . . 105
151 Amendment of s 123 (Right to occupy and use land on which particular
tidal works were, or are to be, carried out) . . . . . . . . . . . . . . . . . . 105
152 Insertion of new ch 5, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Part 2A Planning and Environment Court declarations
164A Planning and Environment Court may make declarations105
153 Amendment of s 167 (Regulation-making power) . . . . . . . . . . . . 106
154 Amendment of s 177 (Relationship to particular Planning Act provisions)
106
155 Amendment of s 189 (Particular permits under the Beach Protection
Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
156 Amendment of s 193 (Responsible entity for request to change deemed
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
157 Amendment of s 194 (Continuing application of particular provisions)
107
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158 Amendment of s 204 (Development applications not decided on
commencement that relate to tidal works) . . . . . . . . . . . . . . . . . . 108
159 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 8 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
205 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
206 Change application for deemed approval . . . . . . . . . . 108
207 Existing particular development applications . . . . . . . 109
208 Development approval that includes a land surrender
condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
160 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 110
Part 15 Amendment of Criminal Organisation Act 2009
161 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
162 Amendment of s 40 (Relationship with Planning Act and development
approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
163 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 113
Part 16 Amendment of Disaster Management Act 2003
164 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
165 Amendment of s 20B (Chairperson may give notice about deemed
approvals under Sustainable Planning Act) . . . . . . . . . . . . . . . . . 113
166 Insertion of new pt 14, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . 114
Subdivision 3 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
181 Notices about deemed approvals for existing development
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Part 17 Amendment of Economic Development Act 2012
167 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
168 Amendment of s 34 (Declaration). . . . . . . . . . . . . . . . . . . . . . . . . 116
169 Amendment of s 37 (Declaration). . . . . . . . . . . . . . . . . . . . . . . . . 116
170 Amendment of s 41 (Cessation of provisional priority development area)
116
171 Amendment of s 42K (Effect of planning instrument change) . . . 116
172 Amendment of ch 3, pt 2, div 4, hdg (Relationship with Sustainable
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
173 Amendment of s 44 (Existing SPA development applications) . . . 117
174 Amendment of s 45 (Existing SPA development approvals). . . . . 117
175 Replacement of s 47 (Community infrastructure designations) . . 118
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47 Designation of premises for development of infrastructure
under Planning Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
176 Amendment of s 48 (Conversion of PDA development approval to SPA
development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
177 Amendment of s 49 (Outstanding PDA development applications) 119
178 Amendment of s 50 (Provisions for converted SPA development
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
179 Amendment of s 51 (Lawful uses in priority development area). . 120
180 Amendment of s 57 (Content of development scheme) . . . . . . . . 120
181 Amendment of s 71 (Development scheme prevails over particular
instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
182 Amendment of s 77 (Exemption for particular SPA development
approvals and community infrastructure designations) . . . . . . . . 121
183 Amendment of s 80 (Amendment of relevant development instrument
does not affect existing SPA or PDA development approval) . . . . 122
184 Amendment of s 81 (Development or use carried out in emergency) 122
185 Amendment of s 86 (Restrictions on granting approval) . . . . . . . 122
186 Amendment of s 87 (Matters to be considered in making decision) 123
187 Amendment of s 90 (Right of appeal against particular conditions) 123
188 Amendment of s 97 (Provision for enforcement of PDA development
conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
189 Amendment of s 100 (When approval lapses generally) . . . . . . . 124
190 Replacement of s 104 (Plans of subdivision) . . . . . . . . . . . . . . . . 125
104 Plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . 125
191 Amendment of s 109 (Powers about enforcement orders) . . . . . . 127
192 Amendment of s 110 (Offence to contravene enforcement order) 127
193 Amendment of s 123 (Application of local government entry powers for
MEDQ's functions or powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
194 Amendment of s 127 (Direction to government entity or local
government to accept transfer). . . . . . . . . . . . . . . . . . . . . . . . . . . 128
195 Amendment of ch 6, hdg (Transitional provisions and repeals) . . 128
196 Amendment of s 177 (Definitions for ch 6) . . . . . . . . . . . . . . . . . . 128
197 Amendment of s 195 (Relationship with Sustainable Planning Act) 128
198 Amendment of s 204 (Plans of subdivision requiring former ULDA's
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
199 Amendment of s 213 (Existing directions to government entity or local
government to accept transfer). . . . . . . . . . . . . . . . . . . . . . . . . . . 129
200 Insertion of new ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
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Chapter 7 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
217 Definitions for chapter. . . . . . . . . . . . . . . . . . . . . . . . . 130
218 Existing SPA development application made before priority
development area declared . . . . . . . . . . . . . . . . . . . . 130
219 Unfinished compliance assessment for plan of subdivision
131
201 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 131
Part 18 Amendment of Electricity Act 1994
202 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
203 Replacement of s 112A (Clearing native vegetation for operating works
on freehold land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
112A Clearing vegetation on freehold land for operating works 133
Part 19 Amendment of Environmental Offsets Act 2014
204 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
205 Amendment of s 5 (Relationship with particular Acts) . . . . . . . . . 134
206 Amendment of s 13B (What this part is about) . . . . . . . . . . . . . . 134
207 Amendment of s 16 (Conditions that apply under this Act to authority)
134
208 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 135
Part 20 Amendment of Environmental Protection Act 1994
209 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
210 Amendment of s 115 (Development application taken to be application
for environmental authority in particular circumstances) . . . . . . . 136
211 Amendment of s 120 (Application for environmental authority can not be
made in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . 136
212 Amendment of s 166 (When does decision stage start--application
relating to development applications) . . . . . . . . . . . . . . . . . . . . . . 137
213 Amendment of s 169 (When decision must be made--particular
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
214 Amendment of s 173 (When particular applications must be refused)
138
215 Amendment of s 195 (Issuing environmental authority) . . . . . . . . 138
216 Amendment of s 225 (Amendment application can not be made in
particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
217 Amendment of s 332 (Administering authority may require draft
program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
218 Amendment of s 338 (Criteria for deciding draft program) . . . . . . 140
219 Amendment of s 370 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . 140
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220 Omission of s 382 (Compliance permit) . . . . . . . . . . . . . . . . . . . . 140
221 Amendment of s 388 (Application of sdiv 2). . . . . . . . . . . . . . . . . 140
222 Amendment of s 580 (Regulation-making power) . . . . . . . . . . . . 141
223 Amendment of s 616ZB (End of environmental authority) . . . . . . 141
224 Amendment of s 624 (Effect of commencement on particular approvals)
141
225 Insertion of new ch 13, pt 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Part 24 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
740 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
741 Existing development application relating to prescribed ERA
142
742 Compliance permits given under repealed Planning Act 143
743 Existing development condition requiring a transitional
environmental program. . . . . . . . . . . . . . . . . . . . . . . . 143
226 Amendment of sch 1 (Exclusions relating to environmental nuisance or
environmental harm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
227 Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . 144
228 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 144
Part 21 Amendment of Exhibited Animals Act 2015
229 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
230 Section 58 (General criteria for decision) . . . . . . . . . . . . . . . . . . . 145
Part 22 Amendment of Fire and Emergency Services Act 1990
231 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
232 Amendment of s 113 (Appeal against local government's determination)
146
233 Amendment of s 152C (Inspection of records of local governments and
building certifiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Part 23 Amendment of Fisheries Act 1994
234 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
235 Amendment of s 22 (Integrated development assessment system
regulations and guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
236 Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 4 Accepted development requirements
23 Accepted development requirements for Planning Act 148
237 Amendment of s 52 (Things authorised by authorities) . . . . . . . . 148
238 Amendment of s 76A (Application of sdiv 1) . . . . . . . . . . . . . . . . 148
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239 Amendment of s 76C (Nature of fisheries development approval for
which resource allocation authority required). . . . . . . . . . . . . . . . 148
240 Omission of pt 5, div 3A, sdiv 2 (Assessment of development
applications for fisheries development approval generally) . . . . . 149
241 Replacement of pt 5, div 3A, sdiv 3, hdg (Assessment of development
applications for construction or raising of waterway barrier works) 149
242 Omission of s 76G (When chief executive may approve applications
relating to waterway barrier works). . . . . . . . . . . . . . . . . . . . . . . . 149
243 Replacement of pt 5, div 3A, sdiv 4, hdg (Conditions on fisheries
development approvals generally) . . . . . . . . . . . . . . . . . . . . . . . . 149
244 Amendment of s 76H (Relationship between sdiv 4 and Planning Act)
149
245 Omission of s 76I (Conditions on fisheries development approvals
generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
246 Amendment of s 76IA (Environmental offset conditions) . . . . . . . 150
247 Omission of ss 76J, 76K and 76L. . . . . . . . . . . . . . . . . . . . . . . . . 150
248 Omission of pt 5, div 3A, sdiv 5 (Amending conditions on fisheries
development approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
249 Amendment of s 76S (Purpose of sdiv 6). . . . . . . . . . . . . . . . . . . 150
250 Amendment of s 76T (Penalties for carrying out assessable
development without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
251 Amendment of s 76U (Penalties for noncompliance with particular
development approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
252 Amendment of s 76V (Additional requirement for development carried
out in emergency). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
253 Amendment of s 88B (Carrying out particular development without
resource allocation authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
254 Amendment of s 145 (Entry to places) . . . . . . . . . . . . . . . . . . . . . 152
255 Amendment of s 185 (Who may apply for review) . . . . . . . . . . . . 153
256 Amendment of s 223 (Regulation-making power) . . . . . . . . . . . . 153
257 Amendment of s 240 (Definitions for div 4) . . . . . . . . . . . . . . . . . 154
258 Amendment of s 242 (Continuing effect of existing approvals for
waterway barrier works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
259 Amendment of s 244 (Applications in progress for particular relevant
authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
260 Insertion of new pt 12, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 10 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
262 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 155
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263 Existing particular development applications for fisheries
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
264 Existing appeals--amendment of fisheries development
approval conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . 156
265 Existing right to appeal--amendment of fisheries
development approval conditions . . . . . . . . . . . . . . . . 156
261 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 157
Part 24 Amendment of Geothermal Energy Act 2010
262 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
263 Amendment of s 327 (Restriction on carrying out geothermal activities)
159
Part 25 Amendment of Gold Coast Waterways Authority Act 2012
264 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
265 Amendment of s 4 (Relationship with other Acts) . . . . . . . . . . . . 159
Part 26 Amendment of Inala Shopping Centre Freeholding Act 2006
266 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
267 Replacement of s 27 (Exempt development) . . . . . . . . . . . . . . . . 159
27 Accepted development . . . . . . . . . . . . . . . . . . . . . . . . 160
Part 27 Amendment of Integrated Resort Development Act 1987
268 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
269 Amendment of s 15 (Approved scheme regulates development etc. of
site). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
270 Amendment of s 20 (Effect of revocation) . . . . . . . . . . . . . . . . . . 161
271 Amendment of s 72 (Boundary adjustment plan) . . . . . . . . . . . . . 161
272 Amendment of s 90 (Construction of canals) . . . . . . . . . . . . . . . . 161
273 Amendment of s 96 (Surrender of canal to the State) . . . . . . . . . 161
274 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 161
Part 28 Amendment of Integrity Act 2009
275 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
276 Amendment of s 42 (Meaning of lobbying activity and contact) . . 162
Part 29 Amendment of Land Act 1994
277 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
278 Amendment of s 55D (Registration surrenders deed of grant in trust)
162
279 Amendment of s 109A (Simultaneous opening and closing of
roads--deed of grant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
280 Amendment of s 109B (Simultaneous opening and closure of
roads--trust land or lease land) . . . . . . . . . . . . . . . . . . . . . . . . . . 163
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281 Amendment of s 294B (Building management statement may be
registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
282 Amendment of s 373A (Covenant by registration) . . . . . . . . . . . . 163
283 Amendment of s 373AB (Compliance with s 373A) . . . . . . . . . . . 164
284 Amendment of s 431N (Ability to prosecute under other Acts) . . 164
285 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 165
Part 30 Amendment of Land Sales Act 1984
286 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
287 Amendment of s 12 (Requirements for disclosure statement) . . . 165
288 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 165
Part 31 Amendment of Land Tax Act 2010
289 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
290 Amendment of s 55 (Port authority land) . . . . . . . . . . . . . . . . . . . 166
Part 32 Amendment of Land Title Act 1994
291 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
292 Amendment of s 50 (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
293 Amendment of s 54A (Building management statement may be
registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
294 Amendment of s 65 (Requirements of instrument of lease) . . . . . 167
295 Amendment of s 83 (Registration of easement) . . . . . . . . . . . . . . 167
296 Amendment of s 94 (Meaning of high-density development easement)
168
297 Amendment of s 97A (Covenant by registration) . . . . . . . . . . . . . 168
298 Amendment of s 97AA (Compliance with s 97A) . . . . . . . . . . . . . 169
299 Amendment of s 115I (Enlarging the number of lots through progressive
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
300 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 170
Part 33 Amendment of Land Valuation Act 2010
301 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
302 Replacement of s 10 (Zoned rural land). . . . . . . . . . . . . . . . . . . . 170
10 Zoned rural land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
303 Amendment of s 11 (Cessation of zoned rural land) . . . . . . . . . . 170
304 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 171
Part 34 Amendment of Liquor Act 1992
305 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
306 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 171
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307 Amendment of s 105B (Application for adult entertainment permit
requires local government consent) . . . . . . . . . . . . . . . . . . . . . . . 172
308 Amendment of s 121 (Matters the commissioner must have regard to)
172
309 Amendment of s 123 (Commissioner may grant provisional licence) 172
Part 35 Amendment of Local Government Act 2009
310 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
311 Amendment of s 37 (Development processes) . . . . . . . . . . . . . . 173
312 Amendment of s 72 (Assessment of impacts on roads from certain
activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
313 Amendment of s 93 (Land on which rates are levied) . . . . . . . . . 173
314 Insertion of new ch 9, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Part 9 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
308 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
309 Entry under existing application, permit or notice. . . . 174
310 Existing remedial notice . . . . . . . . . . . . . . . . . . . . . . . 174
311 Existing inside information . . . . . . . . . . . . . . . . . . . . . 175
312 Existing unpaid fine--where fine to be paid to . . . . . . 176
315 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 176
Part 36 Amendment of Local Government (Robina Central Planning
Agreement) Act 1992
316 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
317 Amendment of s 6 (Amendment of planning agreement). . . . . . . 177
318 Insertion of new s 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
12 Transitional provision for Planning (Consequential) and
Other Legislation Amendment Act 2015 . . . . . . . . . . 177
Part 37 Amendment of Major Events Act 2014
319 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
320 Amendment of s 78 (Application of other Acts to activities or works for
major event) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Part 38 Amendment of Major Sports Facilities Act 2001
321 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
322 Amendment of s 30AI (Definitions for div 1) . . . . . . . . . . . . . . . . . 178
323 Amendment of s 30AN (Use of Suncorp Stadium for major sport events)
178
324 Amendment of s 30A (Lawful use for major sports facilities for
prescribed special events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
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325 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 179
Part 39 Amendment of Marine Parks Act 2004
326 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
327 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 180
Part 40 Amendment of Mineral Resources Act 1989
328 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
329 Amendment of ch 1, pt 3, hdg (Relationship with Sustainable Planning
Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
330 Amendment of s 4A (Effect on development) . . . . . . . . . . . . . . . . 181
331 Amendment of s 4B (Notice to local government and chief executive
(planning) of particular mining tenements) . . . . . . . . . . . . . . . . . . 181
332 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 181
Part 41 Amendment of Nature Conservation Act 1992
333 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
334 Omission of s 106 (Orders prevail over planning schemes) . . . . . 182
335 Omission of s 122 (Conservation plans and regulations prevail over
planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
336 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 182
Part 42 Amendment of Neighbourhood Disputes (Dividing Fences
and Trees) Act 2011
337 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
338 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 183
Part 43 Amendment of Nuclear Facilities Prohibition Act 2007
339 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
340 Amendment of s 8 (No development approval or mining tenement for a
nuclear facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
341 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
19A How appeals under s 19 are started . . . . . . . . . . . . . 184
Part 44 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
342 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
343 Amendment of s 33 (Incidental activities). . . . . . . . . . . . . . . . . . . 184
344 Amendment of s 112 (Incidental activities). . . . . . . . . . . . . . . . . . 184
345 Amendment of s 403 (Incidental activities). . . . . . . . . . . . . . . . . . 185
346 Amendment of s 442 (Incidental activities). . . . . . . . . . . . . . . . . . 185
Part 45 Amendment of Plumbing and Drainage Act 2002
347 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
348 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 185
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349 Amendment of s 86 (General process for assessing compliance
assessable work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
350 Amendment of s 86A (Process for assessing certain compliance
assessable work in remote areas) . . . . . . . . . . . . . . . . . . . . . . . . 186
351 Amendment of s 95 (Information notice) . . . . . . . . . . . . . . . . . . . 186
352 Amendment of s 114 (Functions and powers of inspectors and
relationship to the Local Government Act 2009 and City of Brisbane Act
2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
353 Amendment of s 118 (Relationship with Sustainable Planning Act 2009)
186
354 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 187
Part 46 Amendment of Private Health Facilities Act 1999
355 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
356 Amendment of s 62 (Meaning of prescribed alteration) . . . . . . . . 188
Part 47 Amendment of Prostitution Act 1999
357 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
358 Amendment of s 15 (Consideration of application) . . . . . . . . . . . 188
359 Replacement of s 62 (Definition for pt 4) . . . . . . . . . . . . . . . . . . . 188
62 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
360 Amendment of pt 4, div 2, hdg (Particular provisions about development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
361 Replacement of s 63B (Notification by assessment manager of
development application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
63B Notification by decision-maker of relevant application 190
362 Amendment of pt 4, div 3, hdg (Review by QCAT) . . . . . . . . . . . . 190
363 Amendment of s 64A (Review of decisions about code assessment) 190
364 Amendment of s 64B (Review of decisions about impact assessment)
191
365 Amendment of s 64C (Procedures for review) . . . . . . . . . . . . . . . 192
366 Amendment of s 64D (No appeal from QCAT's decision under the
Integrated Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
367 Amendment of s 66 (Declaration that premises are a prohibited brothel)
193
368 Amendment of s 140 (Regulation-making power) . . . . . . . . . . . . 193
369 Insertion of new pt 9, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 8 Provisions for Planning (Consequential) and
Other Legislation Amendment Act 2015
164 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 194
165 Existing development application or request to change a
development approval . . . . . . . . . . . . . . . . . . . . . . . . 194
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166 Existing review or right to review by QCAT. . . . . . . . . 195
167 Existing declaration or temporary declaration that premises
are a prohibited brothel . . . . . . . . . . . . . . . . . . . . . . . 196
370 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 196
Part 48 Amendment of Queensland Building and Construction
Commission Act 1991
371 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
372 Amendment of s 68E (Obligation of assessment manager or compliance
assessor in relation to insurance premium) . . . . . . . . . . . . . . . . . 197
373 Amendment of s 108 (Obligation of assessment manager) . . . . . 198
374 Insertion of new sch 1, pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Part 12 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
69 Existing development applications and requests for
compliance assessment . . . . . . . . . . . . . . . . . . . . . . . 198
375 Amendment of sch 1B (Domestic building contracts). . . . . . . . . . 199
376 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 199
Part 49 Amendment of Queensland Heritage Act 1992
377 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
378 Amendment of s 58 (Obligation to give notice about proposed
development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
379 Amendment of s 59 (Obligation to give notice about development
approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
380 Replacement of pt 6, div 1, hdg (Assessing development applications)
201
381 Omission of ss 68-70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
382 Amendment of s 77 (Purpose of div 3). . . . . . . . . . . . . . . . . . . . . 201
383 Amendment of s 111 (Appeals about permit to enter protected area)202
384 Amendment of s 112 (Local government to identify places in planning
scheme or local heritage register) . . . . . . . . . . . . . . . . . . . . . . . . 202
385 Amendment of s 112A (Chief executive may recommend place becomes
a local heritage place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
386 Replacement of pt 11, div 4 (Code for IDAS for local heritage places on
local heritage registers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Division 4 Assessing development under Planning Act
121 Particular matters for assessing development on a local
heritage place on a local heritage register . . . . . . . . . 203
387 Amendment of s 123 (Local heritage register may be adopted in
planning scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
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388 Amendment of s 124 (Provision about entitlement to claim
compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
389 Replacement of s 164 (Court process for appeal) . . . . . . . . . . . . 204
164 Court process for appeal . . . . . . . . . . . . . . . . . . . . . . 204
390 Amendment of s 164B (Restoration orders) . . . . . . . . . . . . . . . . . 204
391 Amendment of s 164C (Non-development orders) . . . . . . . . . . . . 205
392 Amendment of s 164D (Education and public benefit orders) . . . 205
393 Amendment of s 198 (Local governments prescribed under the
pre-amended Act, s 112) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
394 Amendment of s 199 (Non-application of particular provisions to local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
395 Insertion of new pt 15, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Division 5 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
200 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 206
201 Existing particular development applications . . . . . . . 206
202 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
203 Entries in local government's local heritage register made
before commencement. . . . . . . . . . . . . . . . . . . . . . . . 208
204 Court's power to make particular restoration orders, and their
enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
205 Court's power to make particular non-development orders,
and their enforcement. . . . . . . . . . . . . . . . . . . . . . . . . 208
206 Court's power to make particular education and public
benefit orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
396 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 209
Part 50 Amendment of Queensland Reconstruction Authority Act
2011
397 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
398 Amendment of s 47 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . . 210
399 Amendment of s 49 (Progression notice) . . . . . . . . . . . . . . . . . . . 210
400 Amendment of s 50 (Notice to decide) . . . . . . . . . . . . . . . . . . . . . 211
401 Amendment of s 53 (Providing assistance or recommendations) 211
402 Amendment of s 54 (Effects of step-in notice) . . . . . . . . . . . . . . . 212
403 Amendment of s 55 (Authority's decision) . . . . . . . . . . . . . . . . . . 212
404 Amendment of s 56 (Effects of decision) . . . . . . . . . . . . . . . . . . . 212
405 Amendment of s 57 (Notice of decision) . . . . . . . . . . . . . . . . . . . 213
406 Amendment of s 58 (Report about decision) . . . . . . . . . . . . . . . . 213
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407 Amendment of s 63 (Content of development scheme) . . . . . . . . 214
408 Amendment of s 64 (Development scheme may make provision for
particular assessable development) . . . . . . . . . . . . . . . . . . . . . . . 214
409 Amendment of s 78 (Relationship with other instruments). . . . . . 215
410 Amendment of pt 6, div 4, hdg (Relationship with Sustainable Planning
Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
411 Amendment of s 79 (Application of sdivs 2 and 3) . . . . . . . . . . . . 215
412 Replacement of pt 6, div 4, sdivs 2 and 3 . . . . . . . . . . . . . . . . . . 216
Subdivision 2 Assessing relevant applications
80 Assessment of development applications . . . . . . . . . 216
81 Assessment of change applications . . . . . . . . . . . . . . 217
Subdivision 3 Deciding relevant applications
82 Restriction on approving relevant application. . . . . . . 218
413 Omission of pt 6, div 4, sdiv 4 (Compliance stage under IDAS). . 218
414 Amendment of s 89 (Lawful use of premises protected) . . . . . . . 218
415 Amendment of s 91 (New instruments can not affect existing
development approval or compliance permit). . . . . . . . . . . . . . . . 219
416 Amendment of s 92 (Minister's power to amend development approval
or compliance permit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
417 Replacement of pt 6, div 4, sdiv 6 (Community infrastructure
designations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Subdivision 6 Designations of premises under Planning Act
for development of infrastructure
93 Designation of premises--development scheme . . . . 220
418 Amendment of s 95 (Planning and Environment Court may make
declarations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
419 Amendment of s 110 (Application of Sustainable Planning Act) . 221
420 Amendment of s 112 (Power of Minister to direct local government to
take particular action about local planning instrument) . . . . . . . . 221
421 Amendment of s 114 (Minister to give notice of direction) . . . . . . 222
422 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
Part 11 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
139 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
140 Existing particular development applications . . . . . . . 223
141 Existing particular requests for compliance assessment 223
423 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 224
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Part 51 Amendment of Regional Planning Interests Act 2014
424 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
425 Amendment of s 5 (Relationship with resource Acts and Environmental
Protection Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
426 Amendment of s 25 (Exemption--pre-existing regulated activity) 226
427 Amendment of s 71 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . . 226
428 Amendment of s 72 (Appeal to Planning and Environment Court) 226
429 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
73A How appeals are started . . . . . . . . . . . . . . . . . . . . . . 227
430 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
77A Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
431 Amendment of s 78 (Declarations) . . . . . . . . . . . . . . . . . . . . . . . . 228
432 Replacement of pt 9 (Transitional regulation-making power) . . . . 228
Part 9 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
108 Existing appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
433 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 229
Part 52 Amendment of Residential Services (Accreditation) Act
2002
434 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
435 Amendment of s 29 (Notice of compliance with prescribed building
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
436 Amendment of s 30 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
437 Amendment of s 31 (Decision on appeal) . . . . . . . . . . . . . . . . . . 230
438 Amendment of s 33 (Prescribed fire safety document) . . . . . . . . 230
439 Insertion of new pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
Part 15 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
204 Appeals and particular rights to appeal to a building and
development dispute resolution committee . . . . . . . . 231
440 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 233
Part 53 Amendment of Sanctuary Cove Resort Act 1985
441 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
442 Amendment of ss 9, 12E and 103 . . . . . . . . . . . . . . . . . . . . . . . . 234
443 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 234
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Part 54 Amendment of South Bank Corporation Act 1989
444 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
445 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 234
446 Amendment of s 4 (Meaning of assessable development). . . . . . 235
447 Amendment of pt 7, div 5, hdg (Relationship with the Sustainable
Planning Act until the development completion date). . . . . . . . . . 235
448 Replacement of ss 77 and 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
77 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 235
78 Modified application of the Planning Act--appeals and
prohibited development conditions . . . . . . . . . . . . . . . 236
78A Modified application of Planning and Environment Court Act
2015--particular declarations. . . . . . . . . . . . . . . . . . . 236
449 Amendment of pt 7, div 6, hdg (Relationship with the Sustainable
Planning Act on development completion date) . . . . . . . . . . . . . . 236
450 Amendment of s 79 (Effect of development completion date) . . . 237
451 Insertion of new pt 11, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Division 9 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
141 Existing development application if corporation was
concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . 237
452 Amendment of sch 4 (Modified Building Units and Group Titles Act) 238
Part 55 Amendment of South-East Queensland Water (Distribution
and Retail Restructuring) Act 2009
453 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
454 Amendment of s 53 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 238
455 Amendment of s 77H (Provision for things done under agreement before
the transfer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
456 Amendment of s 77I (Application of sdiv 3A) . . . . . . . . . . . . . . . . 239
457 Amendment of s 78 (Reconfiguring a lot after transfer scheme or notice
takes effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
458 Omission of ch 3, pt 3, div 2, sdiv 5 (Planning schemes and declared
master planned areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
459 Replacement of ch 3A, pt 5, div 6, hdg (Planning Act). . . . . . . . . 240
460 Amendment of s 92DI (Cessation of Allconnex's functions) . . . . . 240
461 Omission of s 92DJ (Continued effect of non-application of planning
schemes under s 78A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
462 Amendment of s 99BO (Content of part A of plan) . . . . . . . . . . . 241
463 Amendment of s 99BRBC (Notice of review decision) . . . . . . . . . 241
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464 Amendment of ch 4C, pt 4, div 3, hdg (Appeals to a building and
development committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
465 Amendment of s 99BRBE (Appeals about applications for
connections--general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
466 Amendment of s 99BRBF (Appeals about applications for
connections--particular charges). . . . . . . . . . . . . . . . . . . . . . . . . 242
467 Amendment of s 99BRBFA (Appeals against refusal of conversion
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
468 Amendment of s 99BRBG (Application of relevant committee appeal
provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
469 Amendment of ss 99BRBH (Notice of appeal) . . . . . . . . . . . . . . . 243
470 Insertion of new s 99BRBIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
99BRBIA Development tribunal to decide appeal about application for
a connection based on particular laws . . . . . . . . . . . . 243
471 Amendment of s 99BRBK (Registrar must ask distributor-retailer for
material in particular proceedings) . . . . . . . . . . . . . . . . . . . . . . . . 244
472 Amendment of s 99BRBL (Lodging appeal stops particular actions) 244
473 Insertion of new s 99BRBPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
99BRBPA How appeals are started . . . . . . . . . . . . . . . . . . . . . . 245
474 Amendment of s 99BRBQ (Application of relevant court provisions) 245
475 Insertion of new s 99BRBQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
99BRBQA Court to decide appeal about application for a connection
based on particular statutory instruments . . . . . . . . . 246
476 Replacement of s 99BRBU (Who must prove case for appeals) . 246
99BRBU Who must prove case for appeals . . . . . . . . . . . . . . . 247
477 Amendment of s 99BRBV (Lodging appeal stops particular actions) 247
478 Amendment of s 99BRCC (Definitions for pt 7) . . . . . . . . . . . . . . 247
479 Amendment of s 99BRCF (Power to adopt charges by board decision)
248
480 Amendment of s 99BRCG (Matters for board decision) . . . . . . . . 248
481 Amendment of s 99BRCH (Working out cost of infrastructure for offset
or refund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
482 Amendment of s 99BRCHA (Criteria for deciding conversion application)
250
483 Amendment of s 99BRCI (When charge may be levied and recovered)
250
484 Amendment of s 99BRCJ (Limitation of levied charge) . . . . . . . . 251
485 Amendment of s 99BRCL (Payment triggers generally). . . . . . . . 251
486 Amendment of s 99BRCN (Application of Planning Act, ch 8, pt 2, div 1,
sdiv 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
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487 Amendment of s 99BRDB (No conditions on State infrastructure
suppliers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
488 Amendment of s 99BRDE (Application to convert infrastructure to trunk
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
489 Amendment of s 99BRDN (When water infrastructure agreement binds
successors in title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
490 Amendment of s 99BU (Requirements for infrastructure charges
register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
491 Amendment of s 100G (Documents and information about water
approvals and development approvals) . . . . . . . . . . . . . . . . . . . . 253
492 Amendment of s 102 (Regulation-making power) . . . . . . . . . . . . 254
493 Amendment of ss 132-135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
494 Amendment of s 139 (Overdue charges) . . . . . . . . . . . . . . . . . . . 254
495 Amendment of s 140B (Definitions for pt 10) . . . . . . . . . . . . . . . . 254
496 Amendment of s 140C (Development application for development
approval--distributor-retailers) . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
497 Amendment of ss 140D and 140E . . . . . . . . . . . . . . . . . . . . . . . . 255
498 Amendment of s 140F (Adopted infrastructure charges at
commencement continue in effect). . . . . . . . . . . . . . . . . . . . . . . . 255
499 Insertion of new ch 6, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Part 11 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
141 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
142 Particular existing functions of distributor-retailer--SEQ
declared master planned area . . . . . . . . . . . . . . . . . . 257
143 Appeals and particular rights to appeal to a building and
development dispute resolution committee . . . . . . . . 257
144 Appeals and particular rights to appeal to Planning and
Environment Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
145 Existing board decisions. . . . . . . . . . . . . . . . . . . . . . . 260
146 Submission made under former s 99BRCN . . . . . . . . 260
147 Development approval involving a water connection aspect
given after commencement . . . . . . . . . . . . . . . . . . . . 261
148 Defined related application made after
commencement--water approval conditions . . . . . . . 262
149 Infrastructure charges notice for water connection aspect of
development approval taken to be water approval . . . 263
150 Infrastructure charges notice for particular other
development approval . . . . . . . . . . . . . . . . . . . . . . . . 264
151 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
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500 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 266
Part 56 Amendment of Southern Moreton Bay Islands Development
Entitlements Protection Act 2004
501 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
502 Amendment of s 4 (What is an SMBI application) . . . . . . . . . . . . 268
503 Amendment of s 4A (What is an SMBI request). . . . . . . . . . . . . . 268
504 Amendment of s 7 (Modified application of Sustainable Planning Act
2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
505 Amendment of s 8 (Certain rights unaffected) . . . . . . . . . . . . . . . 270
506 Insertion of new s 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
12 Transitional provision for Planning (Consequential) and
Other Legislation Amendment Act 2015. . . . . . . . . . . 270
507 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 271
Part 57 Amendment of State Development and Public Works
Organisation Act 1971
508 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
509 Amendment of s 24 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 272
510 Amendment of s 26 (Declaration of coordinated project) . . . . . . . 272
511 Amendment of s 34G (Preparation of draft IAR) . . . . . . . . . . . . . 273
512 Amendment of s 35A (Lapsing of Coordinator-General's report) . 273
513 Amendment of pt 4, div 4, hdg (Relationship with Sustainable Planning
Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
514 Amendment of s 36 (Application of sdiv 1) . . . . . . . . . . . . . . . . . . 273
515 Amendment of s 37 (Applications for material change of use or requiring
impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
516 Amendment of s 38 (When the decision stage for the project starts
under IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
38 When decision-making period for relevant application starts
275
517 Amendment of s 39 (Application of Coordinator-General's report to
IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
518 Replacement of s 40 (Assessment manager to be given copy of
Coordinator-General's report). . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
40 Decision maker to be given copy of Coordinator-General's
report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
519 Amendment of s 41 (Concurrence agencies for conditions of
development approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
520 Omission of s 42 (Changing or cancelling a condition of a development
approval). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
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521 Replacement of s 42A (Application of Coordinator-General's change
report to IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
42A Application of Coordinator-General's change report to
assessment of relevant application under Planning Act 279
522 Replacement of pt 4, div 4, sdiv 2, hdg (Community infrastructure) 280
523 Amendment of s 43 (Application of Coordinator-General's report to
designation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281
524 Amendment of s 50 (Application of div 7). . . . . . . . . . . . . . . . . . . 281
525 Amendment of s 54A (Application of div 8) . . . . . . . . . . . . . . . . . 281
526 Amendment of s 54C (Provision for what conditions may be imposed)
281
527 Amendment of s 54D (Effect of imposed conditions) . . . . . . . . . . 282
528 Amendment of s 54F (Provision about enforcement orders under the
Sustainable Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
529 Amendment of s 54G (Declaration-making powers). . . . . . . . . . . 282
530 Amendment of s 54ZM (Declarations) . . . . . . . . . . . . . . . . . . . . . 283
531 Amendment of s 76D (Definitions for pt 5A) . . . . . . . . . . . . . . . . . 283
532 Amendment of s 76I (Progression notice) . . . . . . . . . . . . . . . . . . 284
533 Amendment of s 76J (Notice to decide) . . . . . . . . . . . . . . . . . . . . 284
534 Amendment of s 76M (Providing assistance or recommendations) 284
535 Amendment of s 76N (Effects of step in notice) . . . . . . . . . . . . . . 284
536 Amendment of s 76O (Coordinator-General's decision). . . . . . . . 285
537 Amendment of s 76P (Effects of decision) . . . . . . . . . . . . . . . . . . 285
538 Amendment of s 76Q (Notice of decision) . . . . . . . . . . . . . . . . . . 286
539 Amendment of s 76R (Report about decision) . . . . . . . . . . . . . . . 286
540 Amendment of s 85 (Carrying out particular development, use or works
not an offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
541 Amendment of s 140 (Powers in respect of particular works on foreshore
and under waters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
542 Amendment of s 157A (What is an enforceable condition) . . . . . 287
543 Amendment of s 157D (Right of appeal) . . . . . . . . . . . . . . . . . . . 287
544 Amendment of s 157M (Powers about enforcement orders) . . . . 287
545 Amendment of s 157N (Offence to contravene enforcement order) 287
546 Insertion of new pt 9, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288
Division 9 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
203 Existing development application under repealed
Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . 288
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547 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 289
Part 58 Amendment of Statutory Instruments Act 1992
548 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
549 Amendment of sch 2A (Subordinate legislation to which part 7 does not
apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Part 59 Amendment of Supreme Court of Queensland Act 1991
550 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
551 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
552 Amendment of s 92 (Regulation-making power) . . . . . . . . . . . . . 292
Part 60 Amendment of Surat Basin Rail (Infrastructure
Development and Management) Act 2012
553 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
554 Amendment of s 34 (Impact of change of management of local
government road on the railway) . . . . . . . . . . . . . . . . . . . . . . . . . 293
555 Amendment of s 48 (Power to require information from local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
Part 61 Amendment of Torres Strait Islander Cultural Heritage Act
2003
556 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
557 Omission of s 89 (Cultural heritage management plan needed under
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
Part 62 Amendment of Torres Strait Islander Land Act 1991
558 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
559 Amendment of s 28B (Definitions for pt 2A) . . . . . . . . . . . . . . . . . 294
Part 63 Amendment of Transport Infrastructure Act 1994
560 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
561 Amendment of s 42 (Impact of certain local government decisions on
State-controlled roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
562 Amendment of s 49 (Assessment of impacts on State-controlled roads
from certain activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
563 Amendment of s 49A (Impact of particular development and
State-controlled roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
564 Amendment of s 74 (Cases where compensation not payable) . . 295
565 Amendment of s 75 (Conditions in development approval) . . . . . 296
566 Amendment of s 85B (Application of Queensland Heritage Act 1992 for
development for a franchised road) . . . . . . . . . . . . . . . . . . . . . . . 296
567 Amendment of s 93A (Application of Queensland Heritage Act 1992 for
development for a toll road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
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568 Amendment of s 247 (Chief executive taken to be owner of rail corridor
land and non-rail corridor land for particular circumstances under
Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296
569 Amendment of s 258 (Impact of particular development and railways)
297
570 Amendment of s 258A (Impact of change of management of local
government road on railways) . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
571 Amendment of s 258B (Guidelines for ss 258-258A) . . . . . . . . . 298
572 Amendment of s 283I (Definitions for pt 3C) . . . . . . . . . . . . . . . . 299
573 Amendment of s 283M (Application of Planning Act) . . . . . . . . . . 300
574 Amendment of s 283S (Content of plan--mandatory requirements) 300
575 Section 283T (Content of plan--matters about development) . . . 301
576 Amendment of s 283X (When plan must include priority infrastructure
interface plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
577 Amendment of s 283ZI (Recording matters about Brisbane port LUP)
302
578 Amendment of s 283ZL (Effect of land ceasing to be Brisbane core port
land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
579 Amendment of s 283ZM (Reconfiguring a lot) . . . . . . . . . . . . . . . 303
580 Replacement of ss 283ZN and 283ZO. . . . . . . . . . . . . . . . . . . . . 303
283ZN Port prohibited development. . . . . . . . . . . . . . . . . . . . 303
283ZO Code assessment under Brisbane port LUP . . . . . . . 303
581 Replacement of ch 8, pt 3C, div 5, sdiv 2, hdg (Provisions about
assessment manager and referral agencies) . . . . . . . . . . . . . . . . 304
582 Omission of ss 283ZP-283ZU . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
583 Amendment of s 283ZV (Assessment and referrals for heritage places)
304
584 Omission of ss 283ZW-283ZY. . . . . . . . . . . . . . . . . . . . . . . . . . . 305
585 Amendment of s 283ZZA (Particular provisions of Planning Act do not
apply in relation to Brisbane core port land). . . . . . . . . . . . . . . . . 305
586 Replacement of ss 283ZZB and 283ZZC. . . . . . . . . . . . . . . . . . . 305
283ZZB Modified application of Planning Act, s 264 . . . . . . . . 305
283ZZC Restriction on designation of premises for development of
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
587 Omission of s 283ZZD (Restriction on application of master plan) 307
588 Amendment of ch 8, pt 3C, div 5, sdiv 7, hdg (Dealing with development
applications affected by change) . . . . . . . . . . . . . . . . . . . . . . . . . 307
589 Amendment of s 283ZZJ (Particular development
applications--Brisbane core port land) . . . . . . . . . . . . . . . . . . . . 307
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590 Amendment of s 283ZZK (Particular development
applications--balance port land or former Brisbane core port land) 309
591 Amendment of s 284 (Definitions for div 1) . . . . . . . . . . . . . . . . . 311
592 Amendment of s 287 (Strategic port land not subject to local planning
instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
593 Amendment of s 287A (Impact of particular development and port
operations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
594 Amendment of s 287B (Guidelines for s 287A) . . . . . . . . . . . . . . 312
595 Amendment of s 476 (Amounts payable are debts owing to the State)
313
596 Amendment of s 477A (Power to deal with particular land) . . . . . 313
597 Amendment of s 477AA (Chief executive taken to be owner of particular
transport land for particular circumstances under Planning Act) . 313
598 Amendment of s 513 (Continuing application of previous provisions to
non-IDAS applications). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
599 Insertion of new ch 21, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Part 5 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
583 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
584 Existing particular development applications . . . . . . . 315
585 References to Brisbane port railway land. . . . . . . . . . 316
600 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 316
Part 64 Amendment of Transport Planning and Coordination Act
1994
601 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
602 Amendment of s 8B (Impact of particular development on public
passenger transport or active transport) . . . . . . . . . . . . . . . . . . . 318
603 Amendment of s 8C (Impact of road works on local government road)
319
604 Amendment of s 8D (Impact of change of management of local
government road on public passenger transport). . . . . . . . . . . . . 319
605 Amendment of s 8E (Guidelines for pt 2A) . . . . . . . . . . . . . . . . . . 320
606 Amendment of s 38 (Regulation-making power) . . . . . . . . . . . . . 320
607 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 320
Part 65 Amendment of Transport (South Bank Corporation Area
Land) Act 1999
608 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
609 Amendment of s 12 (State may sign plans and other documents) 321
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Part 66 Amendment of Vegetation Management Act 1999
610 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
611 Amendment of s 3 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 321
612 Amendment of s 7 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 322
613 Omission of pt 2, divs 2A and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 322
614 Amendment of s 16 (Preparing declaration). . . . . . . . . . . . . . . . . 322
615 Amendment of s 17 (Making declaration). . . . . . . . . . . . . . . . . . . 323
616 Omission of ss 19A-19C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
617 Amendment of s 19F (Making declaration) . . . . . . . . . . . . . . . . . 323
618 Omission of s 19H (Code for clearing of vegetation) . . . . . . . . . . 323
619 Amendment of pt 2, div 4A, hdg (Code for clearing vegetation for special
indigenous purpose). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
620 Replacement of s 19N (Code for clearing vegetation for special
indigenous purpose). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
19N Draft matters for assessing development application for
clearing of vegetation for special indigenous purpose 324
621 Replacement of pt 2, div 4B, hdg (Self-assessable codes) . . . . . 325
622 Amendment of s 19O (Self-assessable vegetation clearing code) 325
623 Amendment of s 19P (When self-assessable vegetation clearing code
takes effect) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
624 Amendment of s 19Q (Code compliant clearing and native forest
practices self-assessable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
625 Amendment of s 19R (Register of self-assessable notices given under
code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
626 Omission of pt 2, div 5 (Declarations about codes) . . . . . . . . . . . 327
627 Amendment of s 20AH (Deciding to show particular areas as category B
areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
628 Amendment of s 20AI (Deciding to show particular areas as category C
areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
629 Amendment of s 20CA (Process before making PMAV) . . . . . . . 328
630 Amendment of s 20D (When PMAV may be replaced) . . . . . . . . 328
631 Amendment of s 20P (Criteria for approving draft plan or accrediting
planning document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
632 Amendment of s 20R (Imposing additional condition on approval of draft
plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
633 Amendment of s 20UA (Chief executive may make area management
plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
634 Amendment of s 20ZB (Amendment by chief executive) . . . . . . . 329
635 Replacement of pt 2, div 6, sdiv 1, hdg (Modifying effect of Planning Act)
330
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636 Omission of ss 21 and 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
637 Amendment of s 22A (Particular vegetation clearing applications may be
assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
638 Omission of ss 22B-22D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
639 Replacement of pt 2, div 6, sdiv 1A, hdg (Particular vegetation clearing
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
640 Omission of s 22DAA (Application of subdivision) . . . . . . . . . . . . 331
641 Amendment of s 22DAB (Requirements for making application) . 331
642 Amendment of s 22DAC (Matters for deciding application) . . . . . 332
643 Omission of pt 2, div 6, sdiv 2 (Referral agency assessment and
responses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
644 Omission of pt 2, div 7 (Broadscale applications and ballots) . . . 332
645 Omission of pt 2, div 8 (Miscellaneous) . . . . . . . . . . . . . . . . . . . . 332
646 Amendment of s 61 (Ability to prosecute under other Acts) . . . . . 333
647 Amendment of s 70AB (Copies of documents to be available for
inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
648 Amendment of s 70A (Application of development approvals and
exemptions for Forestry Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
649 Amendment of s 70B (Record of particular matters in land registry) 334
650 Amendment of s 72 (Regulation-making power) . . . . . . . . . . . . . 334
651 Amendment of s 74 (Existing development control plans and special
facilities zones) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
652 Omission of ss 75-78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
653 Omission of s 80 (Modifying effect of repealed Integrated Planning Act
1997 for owner's consent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
654 Amendment of s 81 (Effect on existing riverine protection permits) 336
655 Omission of s 83 (Validation of regional vegetation management codes)
336
656 Omission of pt 6, div 6 (Transitional provision for Sustainable Planning
Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
657 Omission of ss 90-95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
658 Amendment of s 100 (Clearing of regulated regrowth vegetation in
retrospective period not an offence) . . . . . . . . . . . . . . . . . . . . . . . 336
659 Omission of ss 105-106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
660 Omission of s 108 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
661 Insertion of new pt 6, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
Division 12 Transitional provisions for Planning
(Consequential) and Other Legislation
Amendment Act 2015
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125 Existing self-assessable vegetation clearing code continues
in force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
126 Existing vegetation clearing application or existing
concurrence agency application. . . . . . . . . . . . . . . . . 337
127 Declarations prepared under former s 16 or made under
former s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
662 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 339
Part 67 Amendment of Water Act 2000
663 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
664 Amendment of ch 2, pt 2, div 1A, hdg (Authorised taking of, or
interference with, water without water entitlement) . . . . . . . . . . . 341
665 Amendment of s 46 (Content of draft water resource plans) . . . . 342
666 Amendment of s 47 (Matters the Minister must consider when preparing
draft water resource plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
667 Amendment of s 363 (Water bores to which ch 3 applies) . . . . . . 342
668 Amendment of s 740 (Functions and powers of authorised officers) 342
669 Amendment of s 746 (Power to enter land to monitor compliance) 343
670 Amendment of s 814 (Excavating or placing fill without permit) . . 343
671 Replacement of ch 8, pt 2, div 1, hdg (Development applications) 343
672 Replacement of ch 8, pt 2, div 1, sdiv 1, hdg (Additional provisions for
making development applications) . . . . . . . . . . . . . . . . . . . . . . . . 343
673 Replacement of s 966 (Applications for the removal of quarry material)
344
966 Particular applications for removal of quarry material 344
674 Amendment of s 967 (Applications for levees) . . . . . . . . . . . . . . . 345
675 Omission of ch 8, pt 2, div 1, sdiv 2 (Additional assessment criteria) 346
676 Replacement of s 972B (When an applicant may appeal to Land Court)
346
972B When appeal may be made to Land Court. . . . . . . . . 346
677 Omission of s 972C (Offence to take or interfere with water if
development permit required). . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
678 Amendment of s 972D (Additional rights for permits for operational
work). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
679 Omission of ss 972E and 972F . . . . . . . . . . . . . . . . . . . . . . . . . . 347
680 Amendment of s 972H (Modification or removal of works). . . . . . 347
681 Amendment of s 972J (Modification or removal of levees). . . . . . 347
682 Replacement of s 972N (Effect on development permit) . . . . . . . 347
972N Direction prevails over development permit . . . . . . . . 348
683 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 348
Page 33
Planning (Consequential) and Other Legislation Amendment Bill 2015
Contents
684 Amendment of s 1046 (Declared subartesian areas). . . . . . . . . . 348
685 Amendment of s 1048A (Existing licences, permits and approvals) 349
686 Insertion of new ch 9, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Part 10 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
1283 Existing development applications . . . . . . . . . . . . . . . 349
687 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 350
Part 68 Amendment of Water Supply (Safety and Reliability) Act
2008
688 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
689 Amendment of s 356A (Compliance with safety or development
condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
690 Amendment of s 559 (Definition for pt 2) . . . . . . . . . . . . . . . . . . . 351
691 Omission of s 560 (Codes for Planning Act). . . . . . . . . . . . . . . . . 352
692 Replacement of ss 561 and 562. . . . . . . . . . . . . . . . . . . . . . . . . . 352
561 Particular applications for relevant operational work . 352
562 When appeal may be made to Land Court. . . . . . . . . 353
693 Amendment of s 636 (Application of s 562) . . . . . . . . . . . . . . . . . 353
694 Insertion of new ch 10, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
Part 10 Transitional provision for Planning
(Consequential) and Other Legislation
Amendment Act 2015
673 Existing development applications . . . . . . . . . . . . . . . 354
695 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 354
Part 69 Amendment of Wet Tropics World Heritage Protection and
Management Act 1993
696 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
697 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 355
Page 34
2015
A Bill
for
An Act to make consequential amendments to the legislation
stated in this Act for the purposes of the Planning Act 2015,
and to amend other legislation stated in this Act for particular
purposes
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Planning (Consequential) and 4
Other Legislation Amendment Act 2015. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Aboriginal 8
Cultural Heritage Act 2003 9
Clause 3 Act amended 10
This part amends the Aboriginal Cultural Heritage Act 2003. 11
Clause 4 Omission of s 89 (Cultural heritage management plan 12
needed under Planning Act) 13
Section 89-- 14
omit. 15
Page 36
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 3 Amendment of Aboriginal Land Act 1991
[s 5]
Part 3 Amendment of Aboriginal Land 1
Act 1991 2
Clause 5 Act amended 3
This part amends the Aboriginal Land Act 1991. 4
Clause 6 Amendment of s 32B (Definitions for pt 2A) 5
Section 32B, definition planning scheme-- 6
omit, insert-- 7
planning scheme means a planning scheme 8
under the Planning Act 2015. 9
Part 4 Amendment of Acquisition of 10
Land Act 1967 11
Clause 7 Act amended 12
This part amends the Acquisition of Land Act 1967. 13
Clause 8 Amendment of sch 1 (Purposes for taking land) 14
(1) Schedule 1, part 2, fourth dot point, 'Sustainable Planning Act 15
2009'-- 16
omit, insert-- 17
Planning Act 2015 18
(2) Schedule 1, part 2, fourth dot point, after 'Moreton Bay 19
Regional Council,'-- 20
insert-- 21
Noosa Shire Council, 22
Page 37
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 5 Amendment of Acts Interpretation Act 1954
[s 9]
Part 5 Amendment of Acts 1
Interpretation Act 1954 2
Clause 9 Act amended 3
This part amends the Acts Interpretation Act 1954. 4
Clause 10 Amendment of sch 1 (Meaning of commonly used words 5
and expressions) 6
Schedule 1-- 7
insert-- 8
Planning and Environment Court means the 9
court continued in existence as the Planning and 10
Environment Court under the Planning and 11
Environment Court Act 2015. 12
Part 6 Amendment of Airport Assets 13
(Restructuring and Disposal) 14
Act 2008 15
Clause 11 Act amended 16
This part amends the Airport Assets (Restructuring and 17
Disposal) Act 2008. 18
Clause 12 Amendment of ss 31 and 33 19
Sections 31(2) and 33(1)(b), 'section 35(1)(e) and (f)'-- 20
omit, insert-- 21
section 35(1)(c) and (d) 22
Page 38
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 13]
Clause 13 Amendment of s 35 (Content of land use plan) 1
(1) Section 35(1)(c) to (f) and editor's note-- 2
omit, insert-- 3
(c) include a schedule of charges (a charges 4
schedule) the local government may, subject 5
to section 43, levy for infrastructure 6
provided by the local government in relation 7
to development on the airport land; and 8
(d) include an infrastructure interface plan for 9
the land use plan; and 10
(e) include any other matter prescribed by 11
regulation. 12
(2) Section 35(2)-- 13
omit, insert-- 14
(2) A land use plan for airport land may, for the 15
Planning Act, do 1 or more of the following-- 16
(a) categorise development on the airport land 17
as assessable development or accepted 18
development; 19
(b) state whether development categorised as 20
assessable development under the plan 21
requires code assessment or impact 22
assessment under the Planning Act; 23
(c) state assessment benchmarks for the 24
Planning Act that assessable development 25
under the plan must be assessed against; 26
(d) categorise particular development on the 27
airport land that is inconsistent with the plan 28
as assessable development requiring impact 29
assessment under the Planning Act. 30
(3) Section 35(3), 'Without limiting subsection (1)'-- 31
omit, insert-- 32
Also 33
Page 39
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 14]
(4) Section 35(3)(c)-- 1
omit. 2
(5) Section 35(3)(d)-- 3
renumber as section 35(3)(c). 4
(6) Section 35(4)-- 5
omit, insert-- 6
(4) Despite subsection (2)(a) and (d), the land use 7
plan must not, for the Planning Act, categorise 8
any of the following development on the airport 9
land as assessable development-- 10
(a) development that is a material change of use 11
of premises for core airport infrastructure if 12
the development is consistent with the plan; 13
(b) development categorised as accepted 14
development under a regulation made under 15
the Planning Act; 16
(c) development that a local categorising 17
instrument under the Planning Act is 18
prohibited, under section 43(4)(b) of that 19
Act, from stating is assessable development. 20
Clause 14 Amendment of s 36 (Statement of proposal for 21
preparation of land use plan or amendment of plan) 22
(1) Section 36(1)(b)(ii)(B), 'either exempt or self-assessable'-- 23
omit, insert-- 24
accepted 25
(2) Section 36(4)-- 26
omit. 27
Clause 15 Amendment of s 46 (Ministerial direction to airport 28
lessee) 29
(1) Section 46(1) and (2)-- 30
Page 40
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 16]
omit, insert-- 1
(1) This section applies if the planning Minister is 2
satisfied a minor amendment of a land use plan 3
for airport land is required. 4
(2) The planning Minister may, by written notice, 5
direct the airport lessee to make the minor 6
amendment within a stated reasonable period. 7
(2) Section 46(6)-- 8
omit. 9
Clause 16 Amendment of s 48 (Airport land not subject to local 10
planning instrument) 11
Section 48(2), 'chapter 3'-- 12
omit, insert-- 13
chapter 2, part 3 14
Clause 17 Omission of ss 49 and 50 15
Sections 49 and 50-- 16
omit. 17
Clause 18 Amendment of s 52 (Particular provisions of Planning Act 18
do not apply in relation to airport land) 19
(1) Section 52(1), 'section 714'-- 20
omit, insert-- 21
section 262 22
(2) Section 52(2), 'chapter 9, part 3,'-- 23
omit, insert-- 24
chapter 2, part 4, division 2 25
Page 41
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 19]
Clause 19 Amendment of s 53 (Modified application of Planning Act, 1
ch 9, pt 6, div 4) 2
(1) Section 53, heading, 'ch 9, pt 6, div 4'-- 3
omit, insert-- 4
s 264 5
(2) Section 53(1), 'chapter 9, part 6, division 4,'-- 6
omit, insert-- 7
section 264 8
(3) Section 53(3)-- 9
omit, insert-- 10
(3) For subsection (1)-- 11
(a) the Planning Act, section 264(3) applies as 12
if a reference in the subsection to a local 13
government were a reference to the planning 14
chief executive; and 15
(b) a regulation made under the Planning Act, 16
section 264(4) applies-- 17
(i) as if a reference in the regulation to a 18
local government were a reference to 19
the planning chief executive; and 20
(ii) as if a reference in the regulation to a 21
planning scheme were a reference to a 22
land use plan; and 23
(iii) as if a reference in the regulation to an 24
LGIP were a reference to a charges 25
schedule for a land use plan; and 26
(iv) as if the regulation provides that a 27
planning and development certificate 28
must also be accompanied by any 29
statement of proposal, or draft plan, for 30
the airport land notified under section 31
38(2), but not yet approved under 32
section 41; and 33
Page 42
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 20]
(v) with other necessary changes. 1
Clause 20 Amendment of s 54 (Development on local heritage place 2
not assessable development) 3
(1) Section 54, heading-- 4
omit, insert-- 5
54 When development on local heritage place is 6
not assessable development 7
(2) Section 54(1)-- 8
omit, insert-- 9
(1) Subsection (2) applies if a regulation made under 10
the Planning Act categorises development on 11
local heritage places as assessable development. 12
(1A) The development is not assessable development 13
under the Planning Act to the extent the local 14
heritage place is on an airport lessee's airport 15
land. 16
(3) Section 54(2), 'Subsection (1) applies'-- 17
omit, insert-- 18
Subsections (1) and (2) apply 19
(4) Section 54(1A) to (3)-- 20
renumber as section 54(2) to (4). 21
Clause 21 Replacement of s 55 (Restriction on designation for 22
community infrastructure) 23
Section 55-- 24
omit, insert-- 25
55 Restriction on designation of premises under 26
Planning Act for development of infrastructure 27
(1) Despite the Planning Act, chapter 2, part 5, only 28
the planning Minister may, under that part, make 29
Page 43
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 22]
a designation of premises that is, or includes, 1
airport land. 2
(2) Development carried out on premises that are 3
subject to a designation under the Planning Act 4
made by a Minister is accepted development to 5
the extent the development-- 6
(a) is carried out under the designation; and 7
(b) would, other than for this subsection, be 8
assessable development under a land use 9
plan for airport land. 10
(3) Subsection (2) does not limit the Planning Act, 11
section 44(6)(b). 12
Clause 22 Omission of s 56 (Restriction on application of master 13
plan) 14
Section 56-- 15
omit. 16
Clause 23 Replacement of ss 58 and 59 17
Sections 58 and 59-- 18
omit, insert-- 19
58 Existing lawful uses, works and approvals 20
(1) If, immediately before a land use plan for airport 21
land is amended or replaced, a use of premises on 22
the airport land was a lawful use of premises 23
under the Planning Act, the plan as amended or 24
replaced does not-- 25
(a) stop the use from continuing; or 26
(b) further regulate the use; or 27
(c) require the use to be changed. 28
(2) If a land use plan for airport land is amended or 29
replaced after building or other works have been 30
Page 44
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 23]
lawfully constructed or effected on the airport 1
land, the plan as amended or replaced does not 2
require the building or works to be altered or 3
removed. 4
(3) If a land use plan for airport land is amended or 5
replaced after a development approval is given 6
for premises wholly or partly on the airport land, 7
the plan as amended or replaced does not-- 8
(a) stop or further regulate the development; or 9
(b) otherwise affect the approval to any extent 10
to which the approval remains in effect. 11
59 Implied and uncommenced right to use 12
(1) This section applies if-- 13
(a) a development approval comes into effect 14
for premises wholly or partly on airport 15
land; and 16
(b) when the application for the approval was 17
properly made under the Planning Act or the 18
repealed Sustainable Planning Act 2009, a 19
material change of use for a use that the 20
application implies did not require a 21
development permit under the land use plan 22
for the airport land; and 23
(c) after the application was properly made, but 24
before the use started-- 25
(i) the land use plan was amended or 26
replaced and the material change of use 27
is assessable development under the 28
plan as amended or replaced; or 29
(ii) the premises, to the extent they are on 30
airport land, stopped being airport land 31
and the material change of use is 32
categorised as assessable development 33
Page 45
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 24]
under a local planning instrument 1
under the Planning Act. 2
(2) The use is taken, for the Planning Act, to be a 3
lawful use in existence immediately before the 4
plan as amended or replaced took effect, or the 5
local planning instrument started applying to the 6
premises, if-- 7
(a) the development approval has not lapsed; 8
and 9
(b) the use starts within 5 years after the 10
completion of the development the approval 11
is for. 12
Clause 24 Amendment of s 61 (Amendment of planning schemes) 13
Section 61(3)-- 14
omit, insert-- 15
(3) Despite the Planning Act-- 16
(a) a notice or amended notice given under 17
section 18(3) of that Act for an amendment 18
mentioned in subsection (2), must not state 19
the things mentioned in section 18(5)(a) to 20
(g) of that Act; and 21
(b) an amendment mentioned in subsection (2) 22
does not require the approval of the planning 23
Minister before the amendment is made. 24
Clause 25 Omission of ch 6, pt 1, hdg (Miscellaneous) 25
Chapter 6, part 1, heading-- 26
omit. 27
Clause 26 Omission of ch 6, pt 2 (Transitional provisions) 28
Chapter 6, part 2-- 29
Page 46
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 27]
omit. 1
Clause 27 Insertion of new ch 7 2
After chapter 6-- 3
insert-- 4
Chapter 7 Transitional 5
provisions for 6
Planning 7
(Consequential) and 8
Other Legislation 9
Amendment Act 10
2015 11
108 Definitions for chapter 12
In this chapter-- 13
amending Act means the Planning 14
(Consequential) and Other Legislation 15
Amendment Act 2015. 16
former, in relation to a provision, means the 17
provision as in force immediately before the 18
provision was amended or repealed under the 19
amending Act. 20
repealed Planning Act means the repealed 21
Sustainable Planning Act 2009. 22
109 References to priority infrastructure interface 23
plans in land use plans 24
A priority infrastructure interface plan in a land use 25
plan for airport land in force immediately before the 26
commencement is taken to be an infrastructure 27
interface plan. 28
Page 47
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 28]
110 Existing development applications 1
(1) Subsection (2) applies to an existing development 2
application mentioned in former section 50. 3
(2) Former section 50 continues to apply in relation 4
to the application as if the amending Act had not 5
been enacted. 6
(3) Subsection (4) applies to an existing development 7
application mentioned in former section 51. 8
(4) Former section 51 continues to apply in relation 9
to the application as if the amending Act had not 10
been enacted. 11
(5) In this section-- 12
existing development application means a 13
development application made under the repealed 14
Planning Act, to which the Planning Act, section 15
287 applies. 16
111 Existing process for amending planning 17
scheme to make a change required by s 61(2) 18
(1) This section applies if-- 19
(a) a process for amending a planning scheme 20
had started under the repealed Planning Act, 21
but had not ended before the repealed 22
Planning Act was repealed; and 23
(b) the proposed amendment relates to a change 24
mentioned in former section 61(2). 25
(2) Former section 61(3) continues to apply in 26
relation to making the amendment, as if the 27
amending Act had not been enacted. 28
Clause 28 Amendment of sch 3 (Dictionary) 29
(1) Schedule 3, definitions Planning Act, priority infrastructure 30
interface plan, priority infrastructure plan and TIA-- 31
Page 48
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 6 Amendment of Airport Assets (Restructuring and Disposal) Act 2008
[s 28]
omit. 1
(2) Schedule 3-- 2
insert-- 3
accepted development see the Planning Act, 4
section 44(4). 5
assessable development see the Planning Act, 6
section 44(3). 7
infrastructure interface plan, for a land use plan 8
for airport land, means a document prepared by, 9
or for, an airport lessee describing how 10
development that is consistent with the land use 11
plan is intended to coordinate with the LGIP of 12
the local government in relation to the types of 13
local government infrastructure relevant to the 14
airport land. 15
LGIP, of a local government, means an LGIP 16
made by the local government under the Planning 17
Act. 18
material change of use, of premises, see the 19
Planning Act, schedule 2. 20
minor amendment, of a land use plan for airport 21
land, means an amendment that-- 22
(a) corrects or otherwise changes-- 23
(i) a spelling, grammatical, mapping or 24
typographical error in the plan; or 25
(ii) an explanatory matter about the plan, 26
this Act or the Planning Act; or 27
(iii) the format or presentation of the plan; 28
or 29
(iv) a factual matter incorrectly stated in the 30
plan; or 31
(v) a redundant or outdated term; or 32
Page 49
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 7 Amendment of Biosecurity Act 2014
[s 29]
(vi) inconsistent numbering of provisions 1
in the plan; or 2
(vii) a cross-reference in the plan; or 3
(b) the planning Minister considers only 4
reflects-- 5
(i) this Act or the Planning Act; or 6
(ii) a part of a State planning policy or 7
regional plan made under the Planning 8
Act, if the planning Minister considers 9
adequate public consultation was 10
carried out in relation to the making of 11
the part. 12
Planning Act means the Planning Act 2015. 13
(3) Schedule 3, definition charges schedule, 'section 35(1)(e)'-- 14
omit, insert-- 15
section 35(1)(c) 16
(4) Schedule 3, definition State interest, 'schedule 3'-- 17
omit, insert-- 18
schedule 2 19
Part 7 Amendment of Biosecurity Act 20
2014 21
Clause 29 Act amended 22
This part amends the Biosecurity Act 2014. 23
Clause 30 Amendment of s 9 (Relationship with particular Acts) 24
Section 9(6), definition relevant Act, paragraph (e)-- 25
omit, insert-- 26
Page 50
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 8 Amendment of Body Corporate and Community Management Act 1997
[s 31]
(e) Planning Act 2015; 1
(f) Vegetation Management Act 1999. 2
Clause 31 Amendment of s 119 (Additional powers of inspector for 3
place within a biosecurity emergency area) 4
(1) Section 119(8)-- 5
omit. 6
(2) Section 119(9)-- 7
renumber as section 119(8). 8
Part 8 Amendment of Body Corporate 9
and Community Management 10
Act 1997 11
Clause 32 Act amended 12
This part amends the Body Corporate and Community 13
Management Act 1997. 14
Clause 33 Amendment of s 60 (Community management statement 15
notation) 16
(1) Section 60(4)(a) and (b)(i), 'Sustainable Planning Act 17
2009'-- 18
omit, insert-- 19
Planning Act 20
(2) Section 60(7)(a), 'under the Sustainable Planning Act 21
2009'-- 22
omit. 23
(3) Section 60(8)-- 24
Page 51
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 8 Amendment of Body Corporate and Community Management Act 1997
[s 34]
omit, insert-- 1
(8) An appeal under subsection (7) is started by 2
lodging a written notice of appeal with the 3
registrar of the court. 4
(8A) The notice of appeal must be in the approved 5
form and succinctly state the grounds of the 6
appeal. 7
(8B) The Planning and Environment Court Act 2015, 8
part 5 applies, with necessary changes, to the 9
appeal as if-- 10
(a) the appeal were a Planning Act appeal under 11
that Act; and 12
(b) the relevant planning body were the only 13
other party to the appeal. 14
(8C) The appellant for the appeal must give a copy of 15
the notice of appeal to the relevant planning body 16
within 10 business days after starting the appeal. 17
(4) Section 60(9), definition planning instrument, paragraph 18
(a)(i), 'Sustainable Planning Act 2009'-- 19
omit, insert-- 20
Planning Act 21
(5) Section 60(8A) to (9)-- 22
renumber as section 60(9) to (12). 23
Clause 34 Amendment of s 313 (Representation in planning 24
proceedings) 25
Section 313(1), 'Sustainable Planning Act 2009'-- 26
omit, insert-- 27
Planning Act or the Planning and Environment Court 28
Act 2015 29
Page 52
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 35]
Clause 35 Amendment of sch 6 (Dictionary) 1
(1) Schedule 6-- 2
insert-- 3
Planning Act means the Planning Act 2015. 4
(2) Schedule 6, definition development approval, paragraph (a), 5
'Sustainable Planning Act 2009'-- 6
omit, insert-- 7
Planning Act 8
Part 9 Amendment of Building Act 9
1975 10
Clause 36 Act amended 11
This part amends the Building Act 1975. 12
Clause 37 Amendment of s 3 (Simplified outline of main provisions 13
of Act) 14
(1) Section 3(1), after 'assessable development'-- 15
insert-- 16
or accepted development 17
(2) Section 3(3)(a), from 'and the'-- 18
omit, insert-- 19
; and 20
Clause 38 Amendment of s 5 (What is building work) 21
Section 5(1)(d), ', other than IDAS'-- 22
omit. 23
Page 53
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 39]
Clause 39 Replacement of s 6 (What is a building development 1
application) 2
Section 6-- 3
omit, insert-- 4
6 What is a building development application 5
(1) A building development application is-- 6
(a) a development application to the extent it is 7
for a development approval for building 8
work; or 9
(b) a change application, other than a minor 10
change application, to change a 11
development approval to the extent the 12
approval approves building work; or 13
(c) a change application, other than a minor 14
change application, to change a 15
development approval-- 16
(i) to approve building work; and 17
(ii) that does not already approve building 18
work. 19
(2) In this section-- 20
minor change application means a change 21
application for a minor change to a development 22
approval, as defined in the Planning Act. 23
Clause 40 Amendment of s 10 (What is a building certifying 24
function) 25
Section 10(a) and (b), 'concurrence'-- 26
omit, insert-- 27
referral 28
Page 54
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 41]
Clause 41 Amendment of s 11 (Who is the assessment manager for 1
a building development application) 2
Section 11(1), 'section 246(1)'-- 3
omit, insert-- 4
section 48(1) 5
Clause 42 Amendment of s 16 (Reference in Act to applicants, 6
development, assessment managers, referral agencies, 7
building work or building certifiers) 8
(1) Section 16(1)(b) to (f)-- 9
omit, insert-- 10
(b) building work--building work to which the 11
application relates; 12
(c) the building--the building work to which 13
the application relates; 14
(d) the development--the development to 15
which the application relates; 16
(e) the assessment manager-- 17
(i) if the application is a development 18
application--the assessment manager 19
for the application; or 20
(ii) if the application is a change 21
application--the responsible entity for 22
the application; 23
(f) a referral agency--a referral agency for the 24
application; 25
(2) Section 16(3)(b), 'assessment manager for'-- 26
omit, insert-- 27
assessment manager or responsible entity for 28
Page 55
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 43]
Clause 43 Amendment of s 18 (Reference to local government 1
includes any other assessment manager under the 2
Planning Act) 3
(1) Section 18, heading, from 'includes'-- 4
omit, insert-- 5
in provision about building development 6
application 7
(2) Section 18(b), after 'local government'-- 8
insert-- 9
or a private certifier 10
Clause 44 Replacement of ch 2, hdg (When building work is 11
assessable, self-assessable or exempt development) 12
Chapter 2, heading and notes-- 13
omit, insert-- 14
Chapter 2 When building work 15
is assessable 16
development or 17
accepted 18
development 19
Notes-- 20
1 For the development assessment process under the Planning 21
Act and offences against the Planning Act, including 22
development offences, see the Planning Act, chapters 3 and 23
5. 24
2 See chapters 3 and 4 for other provisions for applying for 25
and obtaining a building development approval and for 26
assessing building work. 27
Clause 45 Amendment of s 20 (Building work that is assessable 28
development for the Planning Act) 29
Section 20, from 'unless'-- 30
Page 56
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 46]
omit, insert-- 1
unless the building work is accepted development 2
under section 21(2) or a regulation made under the 3
Planning Act. 4
Clause 46 Amendment of s 21 (Building work that is self-assessable 5
for the Planning Act) 6
(1) Section 21, heading, 'self-assessable'-- 7
omit, insert-- 8
accepted development 9
(2) Section 21(1)-- 10
omit, insert-- 11
(1) Subsection (2) applies to the extent a regulation 12
made under the Planning Act prescribes that this 13
Act may declare building work to be accepted 14
development. 15
(3) Section 21(2) and (3)-- 16
omit, insert-- 17
(2) Building work is declared to be accepted 18
development for the Planning Act if-- 19
(a) the building work is prescribed by 20
regulation; and 21
(b) if the regulation states that the building work 22
must comply with the relevant 23
provisions--the building work complies 24
with the relevant provisions for the building 25
work. 26
(3) Building work that is accepted development 27
under a regulation made under the Planning Act 28
or subsection (2) is accepted building work. 29
(4) Section 21-- 30
insert-- 31
Page 57
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 47]
(5) In this section-- 1
relevant provisions, for building work, means-- 2
(a) if alternative provisions under section 33, or 3
provisions as varied under section 44 4
(varied provisions), apply to all or part of 5
the building work-- 6
(i) the alternative provisions or varied 7
provisions; and 8
(ii) any relevant deemed-to-satisfy 9
provision under the BCA or relevant 10
acceptable solution under the QDC for 11
the work, other than the QDC boundary 12
clearance and site cover provisions; 13
and 14
(iii) any other building assessment 15
provision applying to the work; or 16
(b) if no alternative provisions under section 33, 17
or varied provisions, apply to all or part of 18
the building work-- 19
(i) any relevant deemed-to-satisfy 20
provision under the BCA or relevant 21
acceptable solution under the QDC for 22
the work; and 23
(ii) any other building assessment 24
provision applying to the work. 25
Clause 47 Omission of s 22 (Building work that is exempt 26
development for the Planning Act) 27
Section 22-- 28
omit. 29
Page 58
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 48]
Clause 48 Amendment of ch 3, hdg (Additional requirements for 1
building development applications) 2
Chapter 3, heading, note-- 3
omit, insert-- 4
Note-- 5
For the general requirements for development applications and 6
change applications, see the Planning Act, sections 51 and 79. 7
Clause 49 Amendment of s 25 (General requirements for supporting 8
documents) 9
(1) Section 25(1), ', other than IDAS'-- 10
omit. 11
(2) Section 25(2)(a)(ii), 'concurrence'-- 12
omit, insert-- 13
referral 14
(3) Section 25(2)(c)(i)-- 15
omit, insert-- 16
(i) the application relates to development 17
categorised as accepted development 18
under a planning scheme; and 19
(4) Section 25(2)(d)(ii), 'self-assessable'-- 20
omit, insert-- 21
accepted 22
Clause 50 Replacement of ch 4, hdg (Assessment of building 23
development applications and carrying out 24
self-assessable building work) 25
Chapter 4, heading-- 26
omit, insert-- 27
Page 59
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 51]
Chapter 4 Building assessment 1
provisions and 2
assessing building 3
development 4
applications 5
Clause 51 Amendment of ch 4, pt 1, hdg (Laws and other 6
documents under which building work must be 7
assessed) 8
Chapter 4, part 1, heading, 'under which building work must be 9
assessed'-- 10
omit, insert-- 11
applying to building work 12
Clause 52 Amendment of ch 4, pt 1, div 1, hdg (General provisions 13
about the laws and documents for the assessment) 14
Chapter 4, part 1, division 1, heading, 'for the assessment'-- 15
omit, insert-- 16
applying to building work 17
Clause 53 Amendment of s 30 (Relevant laws and other documents 18
for assessment of building work) 19
(1) Section 30, heading-- 20
omit, insert-- 21
30 Meaning of building assessment provisions 22
(2) Section 30(1), from 'Building' to 'provisions)--'-- 23
omit, insert-- 24
The following laws and other documents are the 25
building assessment provisions-- 26
(3) Section 30(1)(a)-- 27
Page 60
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 54]
omit. 1
(4) Section 30(1)(e), 'self-assessable'-- 2
omit, insert-- 3
accepted 4
(5) Section 30(1)(b) to (h)-- 5
renumber as section 30(1)(a) to (g). 6
(6) Section 30(2)-- 7
omit. 8
Clause 54 Amendment of s 31 (Building assessment provisions 9
form a code for IDAS) 10
(1) Section 31, heading, 'form a code for IDAS'-- 11
omit, insert-- 12
are assessment benchmarks for Planning Act 13
(2) Section 31(1)-- 14
omit, insert-- 15
(1) Each of the building assessment provisions is an 16
assessment benchmark for the Planning Act for 17
the assessment of building work that is assessable 18
development under section 20. 19
(3) Section 31(2), from 'However' to 'subject to--'-- 20
omit, insert-- 21
However, for the assessment of the building work 22
under the Planning Act, the building assessment 23
provisions are subject to-- 24
(4) Section 31(3), from 'Each' to 'code that'-- 25
omit, insert-- 26
The effect of a building assessment provision 27
mentioned in section 30(a) to (d), (f) or (g) 28
(5) Section 31(4), from 'the building work'-- 29
Page 61
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 55]
omit, insert-- 1
a building assessment provision mentioned in 2
subsection (3) applies to the building work. 3
Clause 55 Amendment of s 33 (Alternative provisions to QDC 4
boundary clearance and site cover provisions for 5
particular buildings) 6
Section 33(1)(a), 'self-assessable'-- 7
omit, insert-- 8
accepted 9
Clause 56 Omission of s 34 (Relationship between IDAS and other 10
building assessment provisions) 11
Section 34-- 12
omit. 13
Clause 57 Amendment of s 34A (Decision for building development 14
application that complies with building assessment 15
provisions) 16
(1) Section 34A(1), 'chapter 6'-- 17
omit, insert-- 18
chapter 3 19
(2) Section 34A(2), 'building application'-- 20
omit, insert-- 21
building development application 22
Clause 58 Amendment of s 37 (Provision for changes to building 23
assessment provisions) 24
(1) Section 37(2), ', and IDAS'-- 25
omit. 26
(2) Section 37(5)-- 27
Page 62
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 59]
omit. 1
Clause 59 Amendment of s 38 (Applying to vary how particular 2
building assessment provision applies) 3
Section 38(1)(b), ', other than IDAS'-- 4
omit. 5
Clause 60 Amendment of s 40 (Effect of variation application on 6
IDAS process) 7
(1) Section 40, heading, 'IDAS process'-- 8
omit, insert-- 9
development assessment process under Planning 10
Act 11
(2) Section 40, 'process under IDAS'-- 12
omit, insert-- 13
development assessment process under the Planning 14
Act 15
Clause 61 Amendment of s 42 (Criteria for decision) 16
Section 42(1)(a), ', other than IDAS'-- 17
omit. 18
Clause 62 Amendment of s 43 (Notice of decision) 19
Section 43(2), note, 'section 532'-- 20
omit, insert-- 21
section 228 22
Clause 63 Amendment of s 46 (Concurrence agencies may carry out 23
building assessment work within their jurisdiction) 24
(1) Section 46, heading and subsections (1) and (2)-- 25
Page 63
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 64]
omit, insert-- 1
46 Referral agencies may assess application 2
against building assessment provisions 3
(1) This section applies if, under the Planning Act-- 4
(a) a person is a referral agency for a building 5
development application; and 6
(b) the person must assess the application 7
against a building assessment provision or 8
part of a building assessment provision. 9
(2) Only the referral agency may assess the 10
application against the provision or part. 11
(2) Section 46(3), 'part by the concurrence'-- 12
omit, insert-- 13
application by the referral 14
(3) Section 46(5) and notes-- 15
omit, insert-- 16
(5) If the referral agency must, under the Planning 17
Act, assess the application against the fire safety 18
standard, the referral agency must appoint or 19
employ a building certifier to carry out the 20
assessment. 21
Note-- 22
For the referral agencies for building development 23
applications, see the Planning Act, section 54(2). 24
Clause 64 Amendment of s 48 (Functions of private certifier (class 25
A)) 26
(1) Section 48(1)(b)-- 27
omit, insert-- 28
(b) assess and decide the application, and give a 29
decision notice for the application; and 30
(2) Section 48(2)-- 31
Page 64
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 64]
omit. 1
(3) Section 48(4), 'subsections (1)(c), (2) and (3)'-- 2
omit, insert-- 3
subsections (1)(c) and (2) 4
(4) Section 48(5) and (6)-- 5
omit, insert-- 6
(4A) Despite the Planning Act-- 7
(a) a private certifier (class A) is an 8
enforcement authority for that Act in 9
relation to building work only until a final 10
inspection certificate for the building work, 11
or a certificate of classification for the 12
building, is given; and 13
(b) after the final inspection certificate or 14
certificate of classification is given, the local 15
government is the enforcement authority for 16
that Act in relation to the building work. 17
(5) To remove any doubt, it is declared that 18
subsections (1)(c) and (2) do not limit the local 19
government's functions or powers under this Act 20
or the Planning Act, chapter 5, part 3. 21
(6) Subsection (7) applies if-- 22
(a) under this section a private certifier (class 23
A) gives a person an enforcement notice 24
under this Act; or 25
(b) a private certifier (class A) that is an 26
enforcement authority under the Planning 27
Act gives a person an enforcement notice 28
under the Planning Act. 29
(7) If the person does not comply with the 30
enforcement notice, the private certifier (class A) 31
must give the local government a notice that the 32
person has not complied with the enforcement 33
notice. 34
Page 65
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 65]
(5) Section 48(3) to (4A)-- 1
renumber as section 48(2) to (4). 2
Clause 65 Amendment of s 51 (Function to act on building 3
development application or development approval unless 4
private certifier (class A) engaged) 5
(1) Section 51(2)(a), 'IDAS'-- 6
omit, insert-- 7
the Planning Act, chapter 3 8
(2) Section 51(4), 'sections 30'-- 9
omit, insert-- 10
sections 31 11
(3) Section 51(5), definition nominated owner, 'on the approved 12
form under the Planning Act, section 260(2)'-- 13
omit, insert-- 14
in the application 15
Clause 66 Replacement of s 54 (Local government may rely on 16
documents private certifier gives it for inspection or 17
purchase) 18
Section 54-- 19
omit, insert-- 20
54 Local government may rely on documents 21
private certifier gives it for providing public 22
access 23
(1) This section applies if-- 24
(a) under this Act, a private certifier gives a 25
document to the local government for a 26
building development application; and 27
(b) under the Planning Act, section 263, the 28
local government must, or may, keep the 29
document publicly available. 30
Page 66
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 67]
(2) The local government may accept, and without 1
further checking, rely and act on the document 2
for the purpose of making the document publicly 3
available. 4
Clause 67 Amendment of ch 4, pt 2, div 4, hdg (Power of particular 5
replacement assessment managers to decide status 6
under IDAS) 7
Chapter 4, part 2, division 4, heading, 'under IDAS'-- 8
omit, insert-- 9
of development assessment process under Planning Act 10
Clause 68 Amendment of s 55 (Power to decide what stage of IDAS 11
application is to resume or start) 12
(1) Section 55, heading-- 13
omit, insert-- 14
55 Power to decide what stage of development 15
assessment process under Planning Act 16
application process may resume or start 17
(2) Section 55(3), 'IDAS'-- 18
omit, insert-- 19
the development assessment process under the 20
Planning Act 21
Clause 69 Amendment of s 57 (Building certifier's or concurrence 22
agency's discretion--QDC) 23
Section 57, 'concurrence'-- 24
omit, insert-- 25
referral 26
Page 67
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 70]
Clause 70 Amendment of s 59 (Discretion for building development 1
applications for particular budget accommodation 2
buildings) 3
Section 59(2) and example-- 4
omit, insert-- 5
(2) The decision on the application may be 6
inconsistent with the planning scheme applying 7
to the land on which the building work is to be 8
carried out. 9
Example-- 10
A desired outcome in the planning scheme is that the 11
building does not affect the amenity and aesthetics of the 12
neighbourhood of the building. An external stairway 13
required under the fire safety standard does not achieve the 14
outcome. The application may be approved despite the 15
inconsistency. 16
Clause 71 Omission of s 62 (Requirement to consider any advice 17
agency response) 18
Section 62-- 19
omit. 20
Clause 72 Amendment of ch 4, pt 5, hdg (Conditions of building 21
development approvals) 22
Chapter 4, part 5, heading, note, 'chapter 6, part 5, division 6'-- 23
omit, insert-- 24
chapter 3, part 3, division 3 25
Clause 73 Amendment of s 69 (Operation of div 1) 26
(1) Section 69(4)(b)-- 27
omit, insert-- 28
(b) comply with the Planning Act, section 29
65(1). 30
Page 68
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 74]
(2) Section 69(5), 'chapter 6, part 8, division 2 and section 378 1
do'-- 2
omit, insert-- 3
chapter 3, part 5, division 2, subdivision 2 does 4
Clause 74 Amendment of s 71 (When demolition, removal and 5
rebuilding must start and be completed) 6
Section 71(12), note, 'section 532'-- 7
omit, insert-- 8
section 228 9
Clause 75 Amendment of s 83 (General restrictions on granting 10
building development approval) 11
(1) Section 83(1)(a) and example, 'and SPA compliance 12
permits'-- 13
omit. 14
(2) Section 83(1)(d)-- 15
omit, insert-- 16
(d) if, under the Planning Act, a referral agency 17
must assess the application against a 18
building assessment provision, or part of a 19
building assessment provision, unless-- 20
(i) the referral agency has assessed the 21
application against the provision or 22
part; and 23
(ii) any security required by the relevant 24
local government to be given to it by 25
the applicant for the carrying out of the 26
building work has been given; and 27
(3) Section 83(2) and (3)-- 28
omit, insert-- 29
Page 69
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 76]
(2) Subsection (3) applies if the private certifier 1
receives the application before a following 2
application or request is decided-- 3
(a) if subsection (1)(a) applies to the 4
application--a development application for 5
each development permit mentioned in the 6
subsection; 7
(b) if subsection (1)(b) applies to the 8
application--a development application for 9
each preliminary approval mentioned in the 10
subsection; 11
(c) if subsection (1)(e) applies to the 12
application--a request under the Plumbing 13
and Drainage Act 2002 for a compliance 14
permit mentioned in the subsection. 15
(3) For the development assessment process under 16
the Planning Act, the application is taken not to 17
have been received by the private certifier until 18
the day the last application or request mentioned 19
in subsection (2)(a), (b) or (c) to be decided is 20
decided. 21
(4) This section does not limit part 4. 22
Clause 76 Amendment of s 84 (Approval must not be inconsistent 23
with particular earlier approvals or self-assessable 24
development) 25
(1) Section 84, heading, 'self-assessable'-- 26
omit, insert-- 27
accepted 28
(2) Section 84(1)(a), 'or an SPA compliance permit'-- 29
omit. 30
(3) Section 84(1)(b) and (c), 'or permit'-- 31
omit. 32
Page 70
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 77]
(4) Section 84(2)(a), 'self-assessable'-- 1
omit, insert-- 2
accepted 3
(5) Section 84(2)(c)-- 4
omit, insert-- 5
(c) a local planning instrument categorised the 6
development as accepted development; and 7
(6) Section 84-- 8
insert-- 9
(3) For subsection (1), if the application is a change 10
application, the development approval to which 11
the change application relates is not an earlier 12
development approval. 13
Clause 77 Amendment of s 85 (Additional requirement for decision 14
notice) 15
Section 85, from 'details'-- 16
omit, insert-- 17
information about any requirements the building work 18
must comply with to be categorised as accepted 19
development under the Planning Act. 20
Clause 78 Amendment of s 86 (Requirements on approval of 21
application) 22
Section 86(2), note-- 23
omit, insert-- 24
Note-- 25
For public access to particular documents, see the Planning Act, 26
chapter 7, part 3. 27
Page 71
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 79]
Clause 79 Replacement of s 90 (Relevant period under the Planning 1
Act, s 341 for development approval) 2
Section 90-- 3
omit, insert-- 4
90 Currency period under the Planning Act, s 5
85(1) for building development approval 6
(1) The period, or extended period, under the 7
demolition/removal completion condition of the 8
building development approval is taken to be, for 9
the Planning Act, the currency period for the 10
approval. 11
(2) The currency period under subsection (1) may 12
not be extended under the Planning Act. 13
Clause 80 Amendment of s 91 (Lapsing of building development 14
approval) 15
Section 91(1), 'section 341'-- 16
omit, insert-- 17
section 85 18
Clause 81 Amendment of s 94 (Application of div 2) 19
Section 94(2), note, 'chapter 6, part 5, divisions 5 and 6 and part 8, 20
divisions 2 to 5'-- 21
omit, insert-- 22
chapter 3, part 3, division 3 and part 5, division 2, subdivision 2 23
and division 4 24
Clause 82 Amendment of s 95 (Reminder notice requirement for 25
lapsing) 26
(1) Section 95(1), 'chapter 6, part 5, divisions 5 and 6'-- 27
omit, insert-- 28
chapter 3, part 3, division 3 and part 5, division 4 29
Page 72
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 83]
(2) Section 95(3)(b)(iv), 'relevant period under the Planning Act, 1
section 341'-- 2
omit, insert-- 3
currency period under the Planning 4
Act, section 85(1) 5
Clause 83 Amendment of s 96 (Extension of lapsing time because of 6
application to extend relevant period under the Planning 7
Act, s 341) 8
(1) Section 96, heading, from 'relevant' to '341'-- 9
omit, insert-- 10
currency period under Planning Act, s 85(1) 11
(2) Section 96(1)(b), from 'a request' to '341'-- 12
omit, insert-- 13
an extension application is made under the 14
Planning Act to extend the currency period 15
under the Planning Act, section 85(1) 16
(3) Section 96(2)(b), 'relevant'-- 17
omit, insert-- 18
currency 19
Clause 84 Amendment of s 97 (Restriction on private certifier (class 20
A) extending relevant period under the Planning Act, s 21
341 more than once) 22
(1) Section 97, heading, from 'relevant' to '341'-- 23
omit, insert-- 24
currency period under Planning Act, s 85(1) 25
(2) Section 97(1), from 'relevant' to '341'-- 26
omit, insert-- 27
currency period under the Planning Act, section 28
85(1) 29
Page 73
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 85]
(3) Section 97(3), 'chapter 6, part 5, divisions 5 and 6'-- 1
omit, insert-- 2
chapter 3, part 3, division 3 and part 5, division 4 3
Clause 85 Amendment of s 99 (Obligation to give owner inspection 4
documentation on final inspection) 5
Section 99(1), note-- 6
omit, insert-- 7
Note-- 8
For rights of appeal to a development tribunal, see the Planning 9
Act, section 228. 10
Clause 86 Amendment of s 102 (Obligation to give certificate of 11
classification on inspection after particular events) 12
Section 102(3), note 1-- 13
omit, insert-- 14
1 For rights of appeal to a development tribunal, see the 15
Planning Act, section 228. 16
Clause 87 Amendment of s 107 (Building certifier's obligation to 17
give referral agency certificate and other documents) 18
Section 107(2)(b), from 'within'-- 19
omit, insert-- 20
relevant to the agency's functions as a 21
referral agency, other than plans or 22
specifications given to the agency under the 23
Planning Act, section 63(3); and 24
Clause 88 Amendment of s 122 (Building certifier's obligation to 25
give owner inspection documentation if building 26
development approval lapses) 27
Section 122, note, 'chapter 6, part 5, divisions 5 and 6'-- 28
Page 74
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 89]
omit, insert-- 1
chapter 3, part 5, division 4 2
Clause 89 Amendment of s 131 (Access to code of conduct) 3
Section 131, from 'for inspection as'-- 4
omit, insert-- 5
to the public, as if the code were a document that, 6
under the Planning Act, section 263, the chief 7
executive must keep available for inspection only. 8
Clause 90 Amendment of s 146 (Agreed fee recoverable despite 9
valid refusal of particular actions) 10
Section 146(1)(b), 'applicable code under IDAS have'-- 11
omit, insert-- 12
assessment benchmark under the Planning 13
Act has 14
Clause 91 Amendment of s 204 (Decision after investigation or audit 15
completed) 16
(1) Section 204(4)(e)(iii), 'self-assessable'-- 17
omit, insert-- 18
accepted 19
(2) Section 204(4)(e)(iv)-- 20
omit. 21
(3) Section 204(9)-- 22
omit, insert-- 23
(9) In this section-- 24
accepted development means development 25
categorised under a local planning instrument as 26
accepted development for the Planning Act. 27
Page 75
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 92]
Clause 92 Amendment of s 220 (Owner must ensure building 1
conforms with fire safety standard) 2
Section 220, note, from 'section 30'-- 3
omit, insert-- 4
chapter 4, part 1. See also section 21 for development that is 5
accepted development for the Planning Act. 6
Clause 93 Amendment of s 221 (Approval of longer period for 7
conformity with fire safety standard) 8
Section 221(5), note-- 9
omit, insert-- 10
Note-- 11
For rights of appeal to a development tribunal, see the Planning 12
Act, section 228. 13
Clause 94 Amendment of s 223 (Stay of operation of local 14
government decision) 15
Section 223(a), 'a building and development dispute resolution 16
committee'-- 17
omit, insert-- 18
a development tribunal 19
Clause 95 Amendment of s 226 (Obligation about fire safety 20
management plan) 21
Section 226(1)-- 22
omit, insert-- 23
(1) This section applies if-- 24
(a) the owner of a budget accommodation 25
building prepares a fire safety management 26
plan for a development application or 27
change application that relates to the 28
building; and 29
Page 76
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 96]
(b) the application is approved. 1
Clause 96 Amendment of s 231AI (RCB assessment reports) 2
Section 231AI(5), note-- 3
omit, insert-- 4
Note-- 5
For rights of appeal to a development tribunal, see the Planning 6
Act, section 228. 7
Clause 97 Amendment of s 231AL (Approval of later day for 8
obtaining fire safety (RCB) compliance certificate or 9
certificate of classification) 10
Section 231AL(6), note 2-- 11
omit, insert-- 12
2 For rights of appeal to a development tribunal, see the 13
Planning Act, section 228. 14
Clause 98 Amendment of s 238 (Notice of decision) 15
Section 238(2), note-- 16
omit, insert-- 17
Note-- 18
For rights of appeal to a development tribunal, see the Planning 19
Act, section 228. 20
Clause 99 Amendment of s 242 (Local government may revoke 21
exemption) 22
Section 242(4), note-- 23
omit, insert-- 24
Note-- 25
For rights of appeal to a development tribunal, see the Planning 26
Act, section 228. 27
Page 77
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 100]
Clause 100 Amendment of s 244 (Keeping copy of exemption) 1
Section 244(2)(b), 'chapter 9, part 6,'-- 2
omit. 3
Clause 101 Amendment of s 245C (Notice of decision and application 4
of pool safety standard under exemption) 5
Section 245C(2), note-- 6
omit, insert-- 7
Note-- 8
For rights of appeal to a development tribunal, see the Planning 9
Act, section 228. 10
Clause 102 Amendment of s 245E (Local government may revoke 11
exemption) 12
Section 245E(4), note-- 13
omit, insert-- 14
Note-- 15
For rights of appeal to a development tribunal, see the Planning 16
Act, section 228. 17
Clause 103 Amendment of s 245FA (Keeping copy of exemption) 18
Section 245FA(2)(b), 'chapter 9, part 6,'-- 19
omit. 20
Clause 104 Amendment of s 245S (Appeals to building and 21
development committee of decisions under div 6) 22
(1) Section 245S, heading, 'building and development 23
committee'-- 24
omit, insert-- 25
development tribunal 26
Page 78
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 105]
(2) Section 245S(2), 'building and development committee under 1
the Planning Act'-- 2
omit, insert-- 3
development tribunal 4
Clause 105 Amendment of s 246AO (Appeals to building and 5
development committee of decisions under pt 3) 6
(1) Section 246AO, heading, 'building and development 7
committee'-- 8
omit, insert-- 9
development tribunal 10
(2) Section 246AO(2), 'building and development committee 11
under the Planning Act'-- 12
omit, insert-- 13
development tribunal 14
(3) Section 246AO(2), note-- 15
omit. 16
Clause 106 Amendment of s 246ATB (Private certifier to take 17
enforcement action) 18
(1) Section 246ATB(2)(b), 'chapter 7, part 3, divisions 2 and 3 to 19
an assessing'-- 20
omit, insert-- 21
chapter 5, part 3 to an enforcement 22
(2) Section 246ATB(4), 'section 588(2)'-- 23
omit, insert-- 24
section 166 25
(3) Section 246ATB(5), 'chapter 7, part 3, divisions 2 and 3'-- 26
omit, insert-- 27
chapter 5, part 3 28
Page 79
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 107]
Clause 107 Amendment of ch 9, hdg (Show cause and enforcement 1
notices) 2
Chapter 9, heading, note, 'chapter 7, part 3, divisions 2 and 3'-- 3
omit, insert-- 4
chapter 5, part 3 5
Clause 108 Amendment of s 248 (Enforcement notices) 6
Section 248(5), 'section 590'-- 7
omit, insert-- 8
section 167 9
Clause 109 Amendment of s 250 (Appeals against enforcement 10
notices) 11
Section 250(1), 'building and development dispute resolution 12
committee'-- 13
omit, insert-- 14
development tribunal 15
Clause 110 Amendment of s 255 (Information to be given by the 16
State) 17
Section 255(1), 'section 232(1), is self-assessable'-- 18
omit, insert-- 19
is accepted 20
Clause 111 Amendment of s 259 (Access to guidelines) 21
Section 259, 'chapter 9, part 6'-- 22
omit, insert-- 23
section 263 24
Page 80
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 112]
Clause 112 Insertion of new ch 11, pt 19 1
Chapter 11-- 2
insert-- 3
Part 19 Transitional provision 4
for Planning 5
(Consequential) and 6
Other Legislation 7
Amendment Act 2015 8
345 Existing building development applications 9
(1) This section applies to an existing building 10
development application. 11
(2) This Act, as in force immediately before the 12
commencement, continues to apply in relation to 13
the application as if the Planning 14
(Consequential) and Other Legislation 15
Amendment Act 2015 had not been enacted. 16
(3) In this section-- 17
existing building development application 18
means a building development application, as 19
defined in former section 6, to which the 20
Planning Act, section 287 applies. 21
former section 6 means section 6 as in force 22
immediately before the commencement. 23
Clause 113 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definitions advice agency, building and 25
development dispute resolution committee, building 26
assessment provisions, building development application, 27
concurrence agency, decision notice, development 28
application, development approval, development permit, 29
IDAS, local planning instrument, Planning Act, planning 30
scheme, properly made application, self-assessable building 31
Page 81
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 113]
work, SPA compliance certificate and SPA compliance 1
permit-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
accepted building work see section 21(3). 6
accepted development see the Planning Act, 7
section 44(4). 8
building assessment provisions see section 30. 9
building development application see section 10
6(1). 11
change application means a change application 12
under the Planning Act. 13
decision notice, for a development application or 14
change application, means the decision notice 15
given under the Planning Act about the decision 16
on the application. 17
development application means a development 18
application under the Planning Act. 19
development approval means a development 20
approval under the Planning Act. 21
development permit means a development permit 22
under the Planning Act. 23
development tribunal means a tribunal 24
established under the Planning Act, section 234. 25
local planning instrument means a local 26
planning instrument under the Planning Act. 27
Planning Act means the Planning Act 2015. 28
planning scheme means a planning scheme 29
under the Planning Act. 30
Page 82
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 9 Amendment of Building Act 1975
[s 113]
properly made application, for a building 1
development application, means a building 2
development application that-- 3
(a) if the application is a change application-- 4
(i) is an application that the responsible 5
entity for the application must accept 6
under the Planning Act, section 7
79(2)(a); or 8
(ii) may be accepted by the responsible 9
entity for the application under the 10
Planning Act, section 79(2)(c); and 11
(b) if the application is a development 12
application--is a properly made application 13
under the Planning Act; and 14
(c) complies with any requirements under 15
chapter 3 applying to the application. 16
responsible entity, for a change application, 17
means the responsible entity under the Planning 18
Act for the application. 19
(3) Schedule 2, definition assessable development, 'schedule 3'-- 20
omit, insert-- 21
section 44(3) 22
(4) Schedule 2, definition enforcement action, 'chapter 7, part 3, 23
divisions 2 and 3'-- 24
omit, insert-- 25
chapter 5, part 3 26
(5) Schedule 2, definition negotiated decision notice, 'section 27
363(1)'-- 28
omit, insert-- 29
section 76(3) 30
Page 83
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 10 Amendment of Building and Construction Industry (Portable Long Service Leave)
Act 1991
[s 114]
Part 10 Amendment of Building and 1
Construction Industry (Portable 2
Long Service Leave) Act 1991 3
Clause 114 Act amended 4
This part amends the Building and Construction Industry 5
(Portable Long Service Leave) Act 1991. 6
Clause 115 Amendment of s 67 (Notification of building and 7
construction work) 8
Section 67(2)(a), from 'or compliance' to '2009'-- 9
omit, insert-- 10
under the Planning Act 11
Clause 116 Amendment of s 73 (Meaning of cost of building and 12
construction work) 13
Section 73(4), definition environmental impact statement, 14
paragraph (c), after 'the'-- 15
insert-- 16
repealed 17
Clause 117 Amendment of s 74 (Liability for levy) 18
(1) Section 74(c), 'Sustainable Planning Act 2009'-- 19
omit, insert-- 20
Planning Act 21
(2) Section 74(ca)-- 22
omit. 23
(3) Section 74(d), '(b), (c) and (ca)'-- 24
omit, insert-- 25
Page 84
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 10 Amendment of Building and Construction Industry (Portable Long Service Leave)
Act 1991
[s 118]
(b) and (c) 1
Clause 118 Amendment of s 75 (When levy is payable) 2
(1) Section 75(1)(a)(i), from 'or compliance' to '2009'-- 3
omit, insert-- 4
under the Planning Act 5
(2) Section 75(1)(a)(ii), 'Sustainable Planning Act 2009'-- 6
omit, insert-- 7
Planning Act 8
(3) Section 75(1)(b), ', compliance permit'-- 9
omit. 10
Clause 119 Amendment of s 77 (Duty to sight approved form) 11
(1) Section 77(1)(a) and (b), 'Sustainable Planning Act 2009'-- 12
omit, insert-- 13
Planning Act 14
(2) Section 77(1A)-- 15
omit. 16
(3) Section 77(2), from 'manager' to 'compliance permit'-- 17
omit, insert-- 18
manager or local government (the relevant 19
authority) must not give the development permit 20
or approval 21
(4) Section 77(5), definition assessment manager, paragraph (a), 22
'Sustainable Planning Act 2009, section 246(1)'-- 23
omit, insert-- 24
Planning Act 25
Page 85
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 10 Amendment of Building and Construction Industry (Portable Long Service Leave)
Act 1991
[s 120]
Clause 120 Insertion of new pt 11, div 8 1
Part 11-- 2
insert-- 3
Division 8 Transitional provision for 4
Planning (Consequential) 5
and Other Legislation 6
Amendment Act 2015 7
125 Existing particular development applications 8
or requests for compliance assessment 9
(1) Subsection (2) applies to-- 10
(a) an existing application for a development 11
permit mentioned in former section 74(c); 12
and 13
(b) an existing request for compliance 14
assessment mentioned in former section 15
74(ca). 16
(2) Former section 74 continues to apply in relation 17
to the application or request as if the amending 18
Act had not been enacted. 19
(3) Subsection (4) applies to-- 20
(a) an existing application for a development 21
permit mentioned in former section 22
75(1)(a)(i); and 23
(b) an existing request for compliance 24
assessment in relation to work mentioned in 25
former section 75(1)(a)(i). 26
(4) Former section 75 continues to apply in relation 27
to the application or request as if the amending 28
Act had not been enacted. 29
(5) Subsection (6) applies to-- 30
Page 86
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 10 Amendment of Building and Construction Industry (Portable Long Service Leave)
Act 1991
[s 121]
(a) an existing application for a development 1
permit mentioned in former section 2
77(1)(a); and 3
(b) an existing request for compliance 4
assessment of work mentioned in former 5
section 77(1A). 6
(6) Former section 77 continues to apply in relation 7
to the application or request as if the amending 8
Act had not been enacted. 9
(7) In this section-- 10
amending Act means the Planning 11
(Consequential) and Other Legislation 12
Amendment Act 2015. 13
existing application means a development 14
application made under the repealed Planning 15
Act, to which the Planning Act, section 287 16
applies. 17
existing request for compliance assessment 18
means a request for compliance assessment made 19
under the repealed Planning Act, to which the 20
Planning Act, section 287 applies. 21
former, in relation to a provision, means the 22
provision as in force immediately before the 23
provision was amended or repealed under the 24
amending Act. 25
repealed Planning Act means the repealed 26
Sustainable Planning Act 2009. 27
Clause 121 Amendment of schedule (Dictionary) 28
(1) Schedule, definition private certifier (class A)-- 29
omit. 30
(2) Schedule-- 31
insert-- 32
Page 87
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 11 Amendment of Cape York Peninsula Heritage Act 2007
[s 122]
Planning Act means the Planning Act 2015. 1
private certifier see the Planning Act, schedule 2. 2
private certifier (class A) means a private 3
certifier whose licence as a building certifier 4
under the Building Act 1975 has a development 5
approval endorsement under that Act. 6
(3) Schedule, definition assessment manager, 'Sustainable 7
Planning Act 2009'-- 8
omit, insert-- 9
Planning Act 10
Part 11 Amendment of Cape York 11
Peninsula Heritage Act 2007 12
Clause 122 Act amended 13
This part amends the Cape York Peninsula Heritage Act 2007 14
Clause 123 Insertion of new pt 7 15
After section 29-- 16
insert-- 17
Part 7 Transitional provision 18
for Planning 19
(Consequential) and 20
Other Legislation 21
Amendment Act 2015 22
30 Continuing application of pt 4 to existing 23
vegetation clearing application 24
(1) Part 4 continues to apply in relation to an existing 25
vegetation clearing application as if the 26
Page 88
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 12 Amendment of Century Zinc Project Act 1997
[s 124]
application were a vegetation clearing 1
application. 2
(2) In this section-- 3
existing vegetation clearing application means a 4
vegetation clearing application-- 5
(a) as defined in the schedule immediately 6
before the commencement; and 7
(b) to which the Planning Act 2015, section 287 8
applies. 9
Clause 124 Amendment of schedule (Dictionary) 10
Schedule, definition vegetation clearing application-- 11
omit, insert-- 12
vegetation clearing application see the 13
Vegetation Management Act 1999, schedule. 14
Part 12 Amendment of Century Zinc 15
Project Act 1997 16
Clause 125 Act amended 17
This part amends the Century Zinc Project Act 1997. 18
Clause 126 Insertion of new pt 8 19
After section 22-- 20
insert-- 21
Page 89
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 12 Amendment of Century Zinc Project Act 1997
[s 127]
Part 8 Transitional provision 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
23 Existing development applications--Gregory 6
outstation 7
(1) Former part 4 continues to apply in relation to an 8
existing development application as if the 9
amending Act had not been enacted. 10
(2) In this section-- 11
existing development application means a 12
development application-- 13
(a) made under the repealed Sustainable 14
Planning Act 2009 for the use or 15
development to which former part 4 applied; 16
and 17
(b) to which the Planning Act 2015, section 287 18
applies. 19
former part 4 means part 4 as in force 20
immediately before the commencement. 21
Clause 127 Amendment of sch 6 (Dictionary) 22
Schedule 6, definition development application, paragraph (a)-- 23
omit, insert-- 24
(a) the Planning Act 2015; 25
Page 90
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 13 Amendment of City of Brisbane Act 2010
[s 128]
Part 13 Amendment of City of Brisbane 1
Act 2010 2
Clause 128 Act amended 3
This part amends the City of Brisbane Act 2010. 4
Clause 129 Amendment of s 40 (Development processes) 5
Section 40(2), 'a process in the Planning Act, chapter 6'-- 6
omit, insert-- 7
the development assessment process under the 8
Planning Act 9
Clause 130 Amendment of s 79 (Assessment of impacts on roads 10
from certain activities) 11
Section 79(1)(c)(ii)-- 12
omit, insert-- 13
(ii) development categorised under the 14
council's planning scheme as 15
assessable development for the 16
Planning Act; or 17
Clause 131 Insertion of new ch 8, pt 7 18
Chapter 8-- 19
insert-- 20
Page 91
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 13 Amendment of City of Brisbane Act 2010
[s 131]
Part 7 Transitional provisions 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
270 Definitions for part 6
In this part-- 7
amending Act means the Planning (Consequential) 8
and Other Legislation Amendment Act 2015. 9
former, in relation to a provision, means the provision 10
as in force immediately before the provision was 11
amended or repealed under the amending Act. 12
repealed Planning Act means the repealed 13
Sustainable Planning Act 2009. 14
271 Existing development 15
application--resumption of particular land 16
(1) This section applies to an existing development 17
application mentioned in former section 90(1)(a). 18
(2) Former section 90 continues to apply in relation 19
to the application as if the amending Act had not 20
been enacted. 21
(3) In this section-- 22
existing development application means a 23
development application made under the repealed 24
Planning Act, to which the Planning Act, section 25
287 applies. 26
272 Entry under existing application, permit or 27
notice 28
(1) This section applies to an application, permit or 29
notice-- 30
Page 92
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 13 Amendment of City of Brisbane Act 2010
[s 131]
(a) mentioned in former section 121; and 1
(b) made or given under the repealed Planning 2
Act. 3
(2) Former section 121 continues to apply in relation 4
to the application, permit or notice as if the 5
amending Act had not been enacted and the 6
repealed Planning Act had not been repealed. 7
273 Existing remedial notice 8
(1) This section applies to a remedial notice-- 9
(a) given under former section 127A; and 10
(b) requiring the owner or occupier of a 11
property to take action under the repealed 12
Planning Act. 13
(2) The remedial notice continues to have effect as if 14
the amending Act had not been enacted and the 15
repealed Planning Act had not been repealed. 16
274 Existing inside information 17
(1) This section applies to information about any of 18
the following (existing inside information) that, 19
immediately before the commencement, was 20
inside information, in relation to the council, for 21
section 173A-- 22
(a) the exercise of a power under the repealed 23
Planning Act by the council, a councillor or 24
a council employee; 25
(b) a decision, or proposed decision, under the 26
repealed Planning Act of the council or any 27
of its committees; 28
(c) the exercise of a power under the repealed 29
Planning Act by the State, a Minister, a 30
statutory body or an employee of the State 31
or statutory body, that affects the council, 32
Page 93
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 13 Amendment of City of Brisbane Act 2010
[s 132]
any of its corporate entities or land or 1
infrastructure within Brisbane; 2
(d) any legal or financial advice about the 3
repealed Planning Act created for the 4
council, any of its committees or any of its 5
corporate entities. 6
(2) The existing inside information continues to be 7
inside information for section 173A as if the 8
amending Act had not been enacted and the 9
repealed Planning Act had not been repealed. 10
275 Existing unpaid fine--where fine to be paid to 11
(1) This section applies to a fine mentioned in former 12
section 228 that-- 13
(a) is unpaid; and 14
(b) was imposed in proceedings brought by the 15
council for an offence against the repealed 16
Planning Act. 17
(2) Former section 228 continues to apply in relation 18
to the fine as if the amending Act had not been 19
enacted and the repealed Planning Act had not 20
been repealed. 21
Clause 132 Amendment of sch 1 (Dictionary) 22
(1) Schedule 1, definitions Planning Act, Planning and 23
Environment Court and planning scheme-- 24
omit. 25
(2) Schedule 1-- 26
insert-- 27
Planning Act means the Planning Act 2015. 28
planning scheme means a planning scheme 29
under the Planning Act. 30
Page 94
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 133]
Part 14 Amendment of Coastal 1
Protection and Management 2
Act 1995 3
Clause 133 Act amended 4
This part amends the Coastal Protection and Management Act 5
1995. 6
Clause 134 Amendment of s 9 (Meaning of canal) 7
Section 9-- 8
insert-- 9
(4) Also, canal does not include an artificial 10
waterway that intersects, or is connected to, 11
inundated land or leased land if a registered 12
proprietor of the land or lessee of the leased land 13
may restrict or prohibit the use or movement of 14
vessels in water on the land. 15
(5) In this section-- 16
registered proprietor, of land, means a person 17
recorded in the freehold land register under the 18
Land Title Act 1994 as a proprietor of the land. 19
Clause 135 Amendment of s 21 (Content of coastal plan) 20
Section 21(3) and (4)-- 21
omit, insert-- 22
(3) The coastal plan may include either or both of the 23
following-- 24
(a) a map or series of maps showing coastal 25
resource information; 26
(b) requirements about coastal resources or land 27
management in the coastal zone. 28
Page 95
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 136]
Clause 136 Amendment of s 25 (Notice about draft coastal plan) 1
(1) Section 25(4)(a)-- 2
omit. 3
(2) Section 25(4)(b) and (c)-- 4
renumber as section 25(4)(a) and (b). 5
Clause 137 Amendment of s 28 (Notice about making coastal plan) 6
(1) Section 28(3)(a)-- 7
omit. 8
(2) Section 28(3)(b) and (c)-- 9
renumber as section 28(3)(a) and (b). 10
Clause 138 Amendment of s 34 (Implementation of coastal plan) 11
(1) Section 34(3)(a)-- 12
omit. 13
(2) Section 34(3)(b) and (c)-- 14
renumber as section 34(3)(a) and (b). 15
Clause 139 Amendment of s 66 (Coastal building line) 16
Section 66(1), from 'For' to 'Planning Act'-- 17
omit, insert-- 18
For assessing, under the Planning Act, building work 19
that is assessable development 20
Clause 140 Amendment of s 85 (Suspension or 21
cancellation--grounds) 22
Section 85(b)(iii), after 'applied for'-- 23
insert-- 24
or obtained 25
Page 96
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 141]
Clause 141 Omission of ch 2, pt 5, div 2 (Removal of quarry material 1
may require other approvals) 2
Chapter 2, part 5, division 2-- 3
omit. 4
Clause 142 Replacement of ch 2, pt 6, hdg (Development approvals 5
for assessable development) 6
Chapter 2, part 6, heading-- 7
omit, insert-- 8
Part 6 Land surrender and 9
artificial waterways 10
Clause 143 Omission of ch 2, pt 6, divs 1 and 2 11
Chapter 2, part 6, divisions 1 and 2-- 12
omit. 13
Clause 144 Replacement of s 109 (Application of div 3) 14
Section 109-- 15
omit, insert-- 16
109 Definitions for division 17
In this division-- 18
change application-- 19
(a) means a change application under the 20
Planning Act; but 21
(b) does not include a change application for a 22
minor change to a development approval, as 23
defined in the Planning Act. 24
relevant application means-- 25
(a) a development application for a 26
development approval for reconfiguring a 27
Page 97
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
lot that is completely or partly within a 1
coastal management district; or 2
(b) a change application to change a 3
development approval that already approves 4
reconfiguring a lot that is completely or 5
partly within a coastal management district; 6
or 7
(c) a change application to change a 8
development approval-- 9
(i) to approve reconfiguring a lot that is 10
completely or partly within a coastal 11
management district; and 12
(ii) that does not already approve 13
reconfiguring a lot that is completely or 14
partly within a coastal management 15
district. 16
Clause 145 Replacement of ch 2, pt 6, div 3, sdiv 2 (Land surrender 17
conditions) 18
Chapter 2, part 6, division 3, subdivision 2-- 19
omit, insert-- 20
Subdivision 2 Land surrender 21
requirements 22
110 Application of subdivision 23
This subdivision applies if-- 24
(a) a person makes a relevant application; and 25
(b) the lot to be reconfigured includes land (the 26
prescribed land) that is-- 27
(i) in a coastal management district; and 28
(ii) in an erosion prone area or within 40m 29
of the foreshore; and 30
Page 98
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
(c) the planning chief executive is-- 1
(i) if the relevant application is a 2
development application--the 3
assessment manager or a referral 4
agency for the application; or 5
(ii) if the relevant application is a change 6
application--the responsible entity or a 7
referral agency for the application. 8
111 Notice of proposed land surrender 9
requirement 10
(1) This section applies if the chief executive 11
proposes to require the owner of the prescribed 12
land to surrender all or part of the prescribed land 13
to the State for coastal management. 14
(2) The chief executive must give written notice 15
(each a proposed surrender notice) of the 16
proposal to-- 17
(a) the applicant; and 18
(b) if the applicant is not the owner of the 19
land--the owner of the land; and 20
(c) the planning chief executive; and 21
(d) if the relevant application is a development 22
application and the planning chief executive 23
is not the assessment manager for the 24
application--the assessment manager for 25
the application; and 26
(e) if the relevant application is a change 27
application and the planning chief executive 28
is not the responsible entity for the 29
application--the responsible entity for the 30
application. 31
(3) Each proposed surrender notice must state-- 32
Page 99
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
(a) details of the prescribed land the chief 1
executive proposes be required for 2
surrender; and 3
(b) that the owner may, within 15 business days 4
after receiving the notice, make a written 5
submission to the chief executive about the 6
proposal. 7
(4) The notice must be given to the owner within-- 8
(a) if the relevant application is a development 9
application and the planning chief executive 10
is the assessment manager for the 11
application--15 business days after the 12
application is properly made under the 13
Planning Act; or 14
(b) if the relevant application is a change 15
application and the planning chief executive 16
is the responsible entity for the 17
application--15 business days after the 18
application is made; or 19
(c) otherwise--15 business days after the 20
relevant application is given to the planning 21
chief executive. 22
112 Decision whether to require surrender of land 23
(1) In deciding whether or not to require the 24
surrender of the land stated in a proposed 25
surrender notice, the chief executive must 26
consider-- 27
(a) any written submission made to the chief 28
executive by the owner of the land; and 29
(b) how the surrender would avoid or minimise 30
detrimental impacts on coastal management. 31
(2) If the chief executive decides not to require the 32
surrender, the chief executive must, within 30 33
business days after the last proposed surrender 34
notice was given, give written notice of the 35
Page 100
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
decision to each entity to whom the proposed 1
surrender notice was given. 2
(3) However, the chief executive may extend the 3
period mentioned in subsection (2) by not more 4
than 10 business days if the owner of the land 5
agrees, in writing, to the extension. 6
113 Land surrender requirement 7
(1) The chief executive may, by written notice to the 8
owner of the prescribed land relating to the 9
relevant application, require the owner to 10
surrender all or part of the prescribed land (the 11
required land) to the State for coastal 12
management if-- 13
(a) the chief executive is satisfied the required 14
land should be surrendered for coastal 15
management; and 16
(b) the Minister approves the proposed 17
requirement. 18
(2) A requirement under subsection (1) is a land 19
surrender requirement. 20
(3) A land surrender requirement must-- 21
(a) be given to the owner within 30 business 22
days after the proposed surrender notice is 23
given to the owner; and 24
(b) state the following-- 25
(i) details of the required land; 26
(ii) the day the Minister approved the 27
making of the requirement; 28
(iii) that the required land must be 29
surrendered to the State when the plan 30
for reconfiguring the lot to which the 31
relevant application relates is registered 32
under the Land Title Act 1994; 33
Page 101
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
(iv) the effect of section 114. 1
(4) The chief executive may extend the period 2
mentioned in subsection (3)(a) by not more than 3
10 business days if the owner agrees, in writing, 4
to the extension. 5
(5) The chief executive must give a copy of the land 6
surrender requirement to-- 7
(a) if the applicant for the relevant application is 8
not the owner of the prescribed land--the 9
applicant; and 10
(b) the planning chief executive; and 11
(c) if the relevant application is a development 12
application and the planning chief executive 13
is not the assessment manager for the 14
application--the assessment manager for 15
the application; and 16
(d) if the relevant application is a change 17
application and the planning chief executive 18
is not the responsible entity for the 19
application--the responsible entity for the 20
application. 21
(6) This section is subject to section 115. 22
114 Effect on decisions or actions if relevant 23
application is refused or development 24
approval stops having effect 25
An action taken, or decision made, by the chief 26
executive under this subdivision in relation to a 27
relevant application is of no effect, and is taken to 28
have never been made or taken, if-- 29
(a) the application is refused; or 30
(b) any development approval given for the 31
application stops having effect. 32
Page 102
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 145]
115 Land surrender requirement can not be given 1
in particular circumstances 2
(1) A land surrender requirement can not be given in 3
relation to a relevant application if-- 4
(a) the lot to be reconfigured was part of 5
another lot that has been the subject of-- 6
(i) a development application or change 7
application; or 8
(ii) an application to rezone land under the 9
repealed Local Government (Planning 10
and Environment) Act 1990; and 11
(b) a part of the other lot was surrendered to the 12
State under-- 13
(i) a land surrender condition; or 14
(ii) a land surrender requirement; or 15
(iii) the repealed Beach Protection Act, 16
section 41C(6) or 45(7). 17
(2) Also, a land surrender requirement can not be 18
given in relation to a relevant application that is a 19
change application if part of the lot to be 20
reconfigured was surrendered to the State 21
under-- 22
(a) a land surrender condition included in the 23
development approval to which the change 24
application relates; or 25
(b) a land surrender requirement given in 26
relation to the application for the 27
development approval to which the change 28
application relates. 29
(3) In this section-- 30
land surrender condition means a land surrender 31
condition, included in a development approval, 32
under section 110 as in force immediately before 33
the commencement. 34
Page 103
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 146]
115AA Compliance with land surrender 1
requirement 2
A person to whom the chief executive gives a land 3
surrender requirement under section 113 must comply 4
with the requirement. 5
Maximum penalty--1665 penalty units. 6
Clause 146 Amendment of s 115A (Applicant may surrender land 7
voluntarily) 8
Section 115A(1)-- 9
omit, insert-- 10
(1) The applicant for a relevant application may 11
voluntarily surrender a part of the lot to be 12
reconfigured to the State for coastal management 13
if the part is in a coastal management district. 14
Clause 147 Amendment of s 115B (Surrendered land to be dedicated 15
for coastal management purposes) 16
Section 115B(1), 'condition'-- 17
omit, insert-- 18
requirement 19
Clause 148 Amendment of s 116 (Canals--surrender to the State) 20
Section 116(1), 'application to reconfigure'-- 21
omit, insert-- 22
approval for reconfiguring 23
Clause 149 Omission of ch 2, pt 6, div 4, sdiv 2 (Development 24
applications involving artificial waterways) 25
Chapter 2, part 6, division 4, subdivision 2-- 26
omit. 27
Page 104
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 150]
Clause 150 Omission of ch 2, pt 6, div 5 (Exemption certificates) 1
Chapter 2, part 6, division 5-- 2
omit. 3
Clause 151 Amendment of s 123 (Right to occupy and use land on 4
which particular tidal works were, or are to be, carried 5
out) 6
(1) Section 123(4), from 'are'-- 7
omit, insert-- 8
is accepted development under the Planning Act. 9
(2) Section 123(5)(a), from 'in accordance' to 'code'-- 10
omit. 11
(3) Section 123(6), definition IDAS code-- 12
omit. 13
Clause 152 Insertion of new ch 5, pt 2A 14
After section 164-- 15
insert-- 16
Part 2A Planning and 17
Environment Court 18
declarations 19
164A Planning and Environment Court may make 20
declarations 21
(1) Any person may bring a proceeding in the 22
Planning and Environment Court for a 23
declaration about a matter done, to be done or 24
that should have been done, for chapter 2, part 3, 25
division 2. 26
(2) The court may also make an order about any 27
declaration it makes under subsection (1). 28
(3) This section does not limit part 2. 29
Page 105
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 153]
Clause 153 Amendment of s 167 (Regulation-making power) 1
(1) Section 167(2)(b)-- 2
omit. 3
(2) Section 167(2)(c) to (i)-- 4
renumber as section 167(2)(b) to (h). 5
(3) Section 167(3)-- 6
omit. 7
(4) Section 167(4) and (5)-- 8
renumber as section 167(3) and (4). 9
(5) Section 167(6)-- 10
omit, insert-- 11
(5) A regulation may, for the Planning Act, state-- 12
(a) assessment benchmarks for the assessment 13
of assessable development under that Act, 14
other than an assessment carried out by the 15
planning chief executive; and 16
(b) the requirements that operational work that 17
is tidal works, or work in a coastal 18
management district, must comply with to 19
be categorised as accepted development 20
under that Act. 21
Clause 154 Amendment of s 177 (Relationship to particular Planning 22
Act provisions) 23
Section 177(2)-- 24
omit, insert-- 25
(2) The Planning Act, chapter 3, part 5, division 2, 26
subdivision 2 and divisions 3 and 4 apply to a 27
deemed approval. 28
Page 106
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 155]
Clause 155 Amendment of s 189 (Particular permits under the Beach 1
Protection Act) 2
Section 189(2), 'section 341(1)'-- 3
omit, insert-- 4
section 85(1) 5
Clause 156 Amendment of s 193 (Responsible entity for request to 6
change deemed approval) 7
(1) Section 193, 'Planning Act'-- 8
omit, insert-- 9
repealed Planning Act 10
(2) Section 193-- 11
insert-- 12
(6A) Despite subsection (1), this section does not 13
apply to a deemed approval mentioned in section 14
177 on or after the day section 206 commences. 15
(3) Section 193(7)-- 16
insert-- 17
repealed Planning Act means the repealed 18
Sustainable Planning Act 2009. 19
(4) Section 193(6A) and (7)-- 20
renumber as section 193(7) and (8). 21
Clause 157 Amendment of s 194 (Continuing application of particular 22
provisions) 23
(1) Section 194(2), 'Planning Act'-- 24
omit, insert-- 25
repealed Planning Act 26
(2) Section 194(3)-- 27
insert-- 28
Page 107
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 158]
repealed Planning Act means the repealed 1
Sustainable Planning Act 2009. 2
Clause 158 Amendment of s 204 (Development applications not 3
decided on commencement that relate to tidal works) 4
Section 204(3), definition decided, 'Planning Act'-- 5
omit, insert-- 6
repealed Sustainable Planning Act 2009 7
Clause 159 Insertion of new ch 6, pt 8 8
Chapter 6-- 9
insert-- 10
Part 8 Transitional provisions 11
for Planning 12
(Consequential) and 13
Other Legislation 14
Amendment Act 2015 15
205 Definitions for part 16
In this part-- 17
amending Act means the Planning 18
(Consequential) and Other Legislation 19
Amendment Act 2015. 20
former, in relation to a provision, means the 21
provision as in force immediately before the 22
provision was amended or repealed under the 23
amending Act. 24
206 Change application for deemed approval 25
(1) This section applies to a deemed approval 26
mentioned in section 177 if the holder of the 27
approval makes a change application under the 28
Page 108
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 159]
Planning Act for a change to the deemed 1
approval. 2
(2) The chief executive must decide who will be the 3
responsible entity for the change application for 4
the Planning Act. 5
(3) Subsection (2) applies despite the Planning Act, 6
section 78(3), but subject to subsection (5). 7
(4) For the Planning Act-- 8
(a) the holder must also give a copy of the 9
change application to any entity that would, 10
if a development application had been made 11
for the deemed approval, be the referral 12
agency for the application; and 13
(b) the entity is taken to be a referral agency for 14
the change application. 15
(5) The local government may elect not to be the 16
responsible entity for the change application. 17
(6) Subsection (7) applies if-- 18
(a) the local government decides not to be the 19
responsible entity for the change 20
application; and 21
(b) the change application is for a minor change 22
to the approval, as defined in the Planning 23
Act. 24
(7) The holder is not required to give the local 25
government a copy of the change application 26
under the Planning Act, section 80. 27
207 Existing particular development applications 28
(1) Subsection (2) applies to an existing development 29
application to which former section 100A(4) 30
applied. 31
Page 109
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 160]
(2) Former section 100A(4) and (5) continues to 1
apply in relation to the application, as if the 2
amending Act had not been enacted. 3
(3) Subsection (4) applies to an existing development 4
application mentioned in former section 103. 5
(4) Former chapter 2, part 6 continues to apply in 6
relation to the application, as if the amending Act 7
had not been enacted. 8
(5) In this section-- 9
existing development application means a 10
development application made under the repealed 11
Sustainable Planning Act 2009 to which the 12
Planning Act, section 287 applies. 13
208 Development approval that includes a land 14
surrender condition 15
(1) This section applies to a development approval 16
that includes a land surrender condition under 17
former section 110. 18
(2) Former section 115B continues to apply in 19
relation to the condition as if the amending Act 20
had not been enacted. 21
Clause 160 Amendment of schedule (Dictionary) 22
(1) Schedule, definitions applicable code, assessable 23
development, assessment manager, concurrence agency, 24
currency period, development approval, development permit, 25
land surrender condition, Planning Act, Planning Minister, 26
planning scheme, preliminary approval and referral agency-- 27
omit. 28
(2) Schedule-- 29
insert-- 30
Page 110
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 14 Amendment of Coastal Protection and Management Act 1995
[s 160]
assessable development means development 1
categorised as assessable development under the 2
Planning Act. 3
assessment manager, for a development 4
application, means the assessment manager for 5
the application under the Planning Act. 6
change application, for chapter 2, part 6, 7
division 3, see section 109. 8
currency period, for a development approval, 9
means the period at the end of which the approval 10
lapses under the Planning Act. 11
development approval means a development 12
approval under the Planning Act. 13
development permit means a development permit 14
under the Planning Act. 15
land surrender requirement see section 113(2). 16
Planning Act means the Planning Act 2015. 17
planning chief executive means the chief 18
executive of the department in which the 19
Planning Act is administered. 20
planning scheme means a planning scheme 21
under the Planning Act. 22
prescribed land, for chapter 2, part 6, division 3, 23
subdivision 2, see section 110(b). 24
proposed surrender notice see section 111(2). 25
reconfiguring a lot see the Planning Act, 26
schedule 2. 27
referral agency see the Planning Act, section 28
54(2). 29
relevant application, for chapter 2, part 6, 30
division 3, see section 109. 31
Page 111
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 15 Amendment of Criminal Organisation Act 2009
[s 161]
responsible entity, for a change application, 1
means the responsible entity for the application 2
under the Planning Act. 3
(3) Schedule, definition development, 'section 7'-- 4
omit, insert-- 5
schedule 2 6
(4) Schedule, definition operational work, 'section 10(1)'-- 7
omit, insert-- 8
schedule 2 9
Part 15 Amendment of Criminal 10
Organisation Act 2009 11
Clause 161 Act amended 12
This part amends the Criminal Organisation Act 2009. 13
Clause 162 Amendment of s 40 (Relationship with Planning Act and 14
development approvals) 15
Section 40(2)-- 16
omit, insert-- 17
(2) If, other than for this subsection, the development 18
would be either of the following under the 19
Planning Act, the development is taken to be 20
accepted development for that Act-- 21
(a) assessable development; 22
(b) prohibited development. 23
Page 112
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 16 Amendment of Disaster Management Act 2003
[s 163]
Clause 163 Amendment of sch 2 (Dictionary) 1
Schedule 2, definition Planning Act-- 2
omit, insert-- 3
Planning Act means the Planning Act 2015. 4
Part 16 Amendment of Disaster 5
Management Act 2003 6
Clause 164 Act amended 7
This part amends the Disaster Management Act 2003. 8
Clause 165 Amendment of s 20B (Chairperson may give notice about 9
deemed approvals under Sustainable Planning Act) 10
(1) Section 20B, heading, 'Sustainable'-- 11
omit. 12
(2) Section 20B(1)(b) and (6)(b) and (c), 'Sustainable'-- 13
omit. 14
(3) Section 20B(2), 'provisions do not apply to a development 15
application'-- 16
omit, insert-- 17
provision does not apply to a development 18
application, or change application, 19
(4) Section 20B(5)(b), after 'development applications'-- 20
insert-- 21
and change applications 22
(5) Section 20B(6)(a), 'provisions are'-- 23
omit, insert-- 24
Page 113
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 16 Amendment of Disaster Management Act 2003
[s 166]
provision is 1
(6) Section 20B(7)-- 2
omit, insert-- 3
(7) In this section-- 4
change application means a change application 5
under the Planning Act, other than a change 6
application for a minor change to a development 7
approval, as defined in that Act. 8
deemed approval provision means the Planning 9
Act, section 64. 10
development application means a development 11
application under the Planning Act. 12
Planning Act means the Planning Act 2015. 13
relevant local government, for a disaster 14
situation, means a local government in whose 15
local government area the declared area, or part 16
of the declared area, for the disaster situation is 17
situated. 18
Clause 166 Insertion of new pt 14, div 3, sdiv 3 19
After section 180-- 20
insert-- 21
Subdivision 3 Transitional provision for 22
Planning (Consequential) 23
and Other Legislation 24
Amendment Act 2015 25
181 Notices about deemed approvals for existing 26
development applications 27
(1) This section applies to an existing development 28
application mentioned in former section 20B(2). 29
(2) The chairperson of the State group may give a 30
written notice under former section 20B(2) for 31
Page 114
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 167]
the application as if the amending Act had not 1
been enacted. 2
(3) If, before the commencement, a notice (an 3
existing notice) was given under former section 4
20B(2) for the application, the notice continues 5
in effect as if the amending Act had not been 6
enacted. 7
(4) Former section 20B(4) to (6) continues to apply 8
in relation to a notice given under subsection (2) 9
or an existing notice, as if the amending Act had 10
not been enacted. 11
(5) In this section-- 12
amending Act means the Planning 13
(Consequential) and Other Legislation 14
Amendment Act 2015. 15
existing development application means a 16
development application made under the repealed 17
Sustainable Planning Act 2009, to which the 18
Planning Act 2015, section 287 applies. 19
former, in relation to a provision, means the 20
provision as in force immediately before the 21
provision was amended or repealed under the 22
amending Act. 23
Part 17 Amendment of Economic 24
Development Act 2012 25
Clause 167 Act amended 26
This part amends the Economic Development Act 2012. 27
Page 115
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 168]
Clause 168 Amendment of s 34 (Declaration) 1
Section 34(2)(b)(iii), 'Sustainable'-- 2
omit. 3
Clause 169 Amendment of s 37 (Declaration) 4
Section 37(2)(b)(iii), 'Sustainable'-- 5
omit. 6
Clause 170 Amendment of s 41 (Cessation of provisional priority 7
development area) 8
(1) Section 41(3), 'Sustainable'-- 9
omit. 10
(2) Section 41(4), 'Sustainable Planning Act, section 117 does'-- 11
omit, insert-- 12
Planning Act, sections 18, 20, 22 and 23 do 13
Clause 171 Amendment of s 42K (Effect of planning instrument 14
change) 15
(1) Section 42K(1), 'Sustainable'-- 16
omit. 17
(2) Section 42K(2), 'Sustainable Planning Act, section 117 18
does'-- 19
omit, insert-- 20
Planning Act, sections 18, 20, 22 and 23 do 21
Clause 172 Amendment of ch 3, pt 2, div 4, hdg (Relationship with 22
Sustainable Planning Act) 23
Chapter 3, part 2, division 4, heading, 'Sustainable'-- 24
omit. 25
Page 116
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 173]
Clause 173 Amendment of s 44 (Existing SPA development 1
applications) 2
(1) Section 44, heading-- 3
omit, insert-- 4
44 Existing development applications under 5
Planning Act 6
(2) Section 44(1)(a)-- 7
omit, insert-- 8
(a) a development application under the 9
Planning Act had been made for land in the 10
area; and 11
(3) Section 44-- 12
insert-- 13
(1A) This section also applies if, immediately before 14
the declaration of an area as a priority 15
development area-- 16
(a) a change application had been made under 17
the Planning Act to change a development 18
approval under that Act relating to land in 19
the area; and 20
(b) the application had not lapsed under that 21
Act; and 22
(c) the application had not been decided. 23
(4) Section 44(2), 'Sustainable'-- 24
omit. 25
(5) Section 44(1A) and (2)-- 26
renumber as section 44(2) and (3). 27
Clause 174 Amendment of s 45 (Existing SPA development 28
approvals) 29
(1) Section 45, heading-- 30
Page 117
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 175]
omit, insert-- 1
45 Existing development approvals under 2
Planning Act 3
(2) Section 45, 'an SPA development approval'-- 4
omit, insert-- 5
a development approval under the Planning Act 6
Clause 175 Replacement of s 47 (Community infrastructure 7
designations) 8
Section 47-- 9
omit, insert-- 10
47 Designation of premises for development of 11
infrastructure under Planning Act 12
(1) To remove any doubt, it is declared that-- 13
(a) the planning Minister or a local government 14
may make a designation under the Planning 15
Act, chapter 2, part 5 of premises in, or 16
partly in, a priority development area; and 17
(b) a designation of premises under the 18
Planning Act that is in force immediately 19
before all or part of the premises are in a 20
priority development area, continues in 21
force despite the priority development area 22
taking effect. 23
(2) In this section-- 24
planning Minister means the Minister 25
administering the Planning Act. 26
Clause 176 Amendment of s 48 (Conversion of PDA development 27
approval to SPA development approval) 28
(1) Section 48, heading, 'SPA development approval'-- 29
omit, insert-- 30
Page 118
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 177]
development approval under Planning Act 1
(2) Section 48(2), 'an SPA development approval'-- 2
omit, insert-- 3
a development approval under the Planning Act 4
Clause 177 Amendment of s 49 (Outstanding PDA development 5
applications) 6
Section 49(3), 'an SPA development approval'-- 7
omit, insert-- 8
a development approval under the Planning Act 9
Clause 178 Amendment of s 50 (Provisions for converted SPA 10
development approval) 11
(1) Section 50, heading, 'SPA development approval'-- 12
omit, insert-- 13
development approval under Planning Act 14
(2) Section 50(1), 'an SPA development approval'-- 15
omit, insert-- 16
a development approval under the Planning Act 17
(3) Section 50(2), 'conditions of the SPA development 18
approval'-- 19
omit, insert-- 20
development conditions of the development 21
approval under the Planning Act 22
(4) Section 50(3)-- 23
omit, insert-- 24
(3) Despite the Planning Act, section 228, there is no 25
appeal right under the Planning Act to the 26
Planning and Environment Court for the 27
Page 119
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 179]
development approval or the conditions, or a 1
decision relating to the approval or conditions. 2
(5) Section 50(5) and (6)-- 3
omit, insert-- 4
(5) The enforcement authority under the Planning 5
Act for the development approval is taken to be 6
the entity that would have been the enforcement 7
authority under that Act if-- 8
(a) the land to which the approval relates had 9
never been in a priority development area; 10
and 11
(b) a development application under the 12
Planning Act had been made for the 13
development approval when the PDA 14
development application for the PDA 15
development approval was made. 16
(6) A proceeding under the Planning and 17
Environment Court Act 2015, section 11 seeking 18
a declaration in relation to the development 19
approval or the conditions, or a decision relating 20
to the approval or conditions, may be started only 21
by the entity that is, for the Planning Act, the 22
enforcement authority under subsection (5) for 23
the approval. 24
Clause 179 Amendment of s 51 (Lawful uses in priority development 25
area) 26
Section 51, 'Sustainable'-- 27
omit. 28
Clause 180 Amendment of s 57 (Content of development scheme) 29
Section 57(5)(b)-- 30
omit, insert-- 31
Page 120
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 181]
(b) assessment benchmarks prescribed by 1
regulation under the Planning Act; 2
(c) assessment benchmarks made under another 3
Act for the Planning Act. 4
Clause 181 Amendment of s 71 (Development scheme prevails over 5
particular instruments) 6
Section 71(b)-- 7
omit, insert-- 8
(b) assessment benchmarks prescribed by 9
regulation under the Planning Act; 10
(c) assessment benchmarks made under another 11
Act for the Planning Act. 12
Clause 182 Amendment of s 77 (Exemption for particular SPA 13
development approvals and community infrastructure 14
designations) 15
(1) Section 77, heading-- 16
omit, insert-- 17
77 Exemption for particular development 18
approvals and designations under Planning 19
Act 20
(2) Section 77(1)(a), 'an SPA development approval'-- 21
omit, insert-- 22
a development approval under the Planning 23
Act 24
(3) Section 77(1)(b)-- 25
omit, insert-- 26
(b) a designation under the Planning Act, 27
chapter 2, part 5 of premises in, or partly in, 28
a priority development area. 29
(4) Section 77(2), 'community infrastructure'-- 30
Page 121
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 183]
omit. 1
Clause 183 Amendment of s 80 (Amendment of relevant development 2
instrument does not affect existing SPA or PDA 3
development approval) 4
(1) Section 80, heading, 'SPA'-- 5
omit, insert-- 6
development approval under Planning Act 7
(2) Section 80(1)(a), 'an SPA development approval'-- 8
omit, insert-- 9
a development approval under the Planning 10
Act 11
Clause 184 Amendment of s 81 (Development or use carried out in 12
emergency) 13
(1) Section 81(1)(a)(iii), 'community'-- 14
omit. 15
(2) Section 81-- 16
insert-- 17
(3) In this section-- 18
emergency means an event or situation that 19
involves an imminent and definite threat 20
requiring immediate action (whether before, 21
during or after the event or situation), other than 22
routine maintenance due to wear and tear. 23
Example of an action not done because of an emergency-- 24
the carrying out, in winter, of a use or of building or 25
operational work in anticipation of the next cyclone season 26
Clause 185 Amendment of s 86 (Restrictions on granting approval) 27
Section 86(1)(a), 'an SPA preliminary approval'-- 28
Page 122
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 186]
omit, insert-- 1
a preliminary approval under the Planning 2
Act 3
Clause 186 Amendment of s 87 (Matters to be considered in making 4
decision) 5
Section 87(1)(f), 'any SPA preliminary approval'-- 6
omit, insert-- 7
any preliminary approval under the Planning 8
Act 9
Clause 187 Amendment of s 90 (Right of appeal against particular 10
conditions) 11
(1) Section 90(4)-- 12
omit, insert-- 13
(4) An appellant starts an appeal by lodging, with the 14
registrar of the Planning and Environment Court, 15
a written notice of appeal that-- 16
(a) is in the approved form; and 17
(b) succinctly states the grounds of the appeal. 18
(4A) The Planning and Environment Court Act 2015, 19
part 5 applies, with necessary changes, to the 20
appeal as if-- 21
(a) the appeal were a Planning Act appeal under 22
that Act; and 23
(b) the entity were the only other party to the 24
appeal. 25
(2) Section 90(5)(a)-- 26
omit, insert-- 27
(a) the appellant must, as soon as practicable 28
after giving the entity the notice of appeal, 29
give MEDQ a copy of the notice; and 30
Page 123
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 188]
(3) Section 90(4A) to (6)-- 1
renumber as section 90(5) to (7). 2
Clause 188 Amendment of s 97 (Provision for enforcement of PDA 3
development conditions) 4
Section 97(1)-- 5
omit, insert-- 6
(1) If there is a nominated assessing authority for a 7
PDA development condition imposed on a PDA 8
development approval, the Planning Act, chapter 9
5, part 3, and any other Act mentioning a 10
development approval under the Planning Act, 11
applies to the condition as if-- 12
(a) the PDA development approval were a 13
development approval under the Planning 14
Act; and 15
(b) the nominated assessing authority were an 16
enforcement authority under the Planning 17
Act for development under the PDA 18
development approval; and 19
(c) a reference in the Planning Act, chapter 5, 20
part 3, or the other Act, to a development 21
offence under the Planning Act were a 22
reference to a PDA development offence. 23
Clause 189 Amendment of s 100 (When approval lapses generally) 24
(1) Section 100(4)(a), '4 years'-- 25
omit, insert-- 26
6 years 27
(2) Section 100(5)(a), (b) and (c)-- 28
omit, insert-- 29
(a) 4 years from the day of effect; or 30
Page 124
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 190]
(b) if the approval states a different period--the 1
stated period. 2
(3) Section 100(8), definition related approval, paragraph (a)(i), 3
'SPA development approval'-- 4
omit, insert-- 5
development approval under the 6
Planning Act for an application under 7
that Act 8
(4) Section 100(8), definition related approval, paragraph 9
(a)(i)(B), 'an SPA development permit'-- 10
omit, insert-- 11
a development permit under the 12
Planning Act 13
(5) Section 100(8), definition related approval, paragraph (a)(ii), 14
'SPA development permit for an SPA development 15
application'-- 16
omit, insert-- 17
development permit under the Planning 18
Act for an application under that Act 19
Clause 190 Replacement of s 104 (Plans of subdivision) 20
Section 104-- 21
omit, insert-- 22
104 Plans of subdivision 23
(1) This section applies to a plan of subdivision if, 24
under another Act, the plan requires MEDQ's 25
approval, in whatever form, before the plan can 26
be registered or otherwise recorded under that 27
Act. 28
(2) In deciding whether to approve the plan of 29
subdivision, MEDQ must comply with the 30
process prescribed by regulation for approving 31
plans of subdivision. 32
Page 125
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 190]
(3) In this section-- 1
authorised electricity entity means an authorised 2
electricity entity-- 3
(a) to which the Acquisition of Land Act 1967 4
applies in the circumstances mentioned in 5
the Electricity Act 1994, section 116(4); and 6
(b) as defined in section 116(8) of the 7
Electricity Act 1994. 8
plan of subdivision-- 9
(a) means a plan or agreement, however called, 10
for reconfiguring a lot; but 11
(b) does not include a plan, however called, for 12
reconfiguring a lot if the reconfiguration 13
relates to-- 14
(i) the acquisition, including by 15
agreement, under the Acquisition of 16
Land Act 1967, of land by a 17
constructing authority, as defined in 18
that Act, or an authorised electricity 19
entity, for a purpose for which land 20
may be taken under that Act; or 21
(ii) the acquisition by agreement, other 22
than under the Acquisition of Land Act 23
1967, of land by a constructing 24
authority, as defined in that Act, for a 25
purpose for which land may be taken 26
under that Act; or 27
(iii) land held by the State, or a statutory 28
body representing the State, that is 29
being reconfigured for a purpose for 30
which land may be taken under the 31
Acquisition of Land Act 1967, whether 32
or not the land relates to an acquisition 33
of land; or 34
Page 126
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 191]
(iv) the acquisition of land for water 1
infrastructure; or 2
(v) a lot that is, or includes, strategic port 3
land or Brisbane core port land under 4
the Transport Infrastructure Act 1994. 5
Clause 191 Amendment of s 109 (Powers about enforcement orders) 6
(1) Section 109(4), note, 'Sustainable Planning Act, section 7
457'-- 8
omit, insert-- 9
Planning and Environment Court Act 2015, part 6 10
(2) Section 109(5), definition environment-- 11
omit, insert-- 12
environment see the Environmental Protection 13
Act 1994, section 8. 14
Clause 192 Amendment of s 110 (Offence to contravene enforcement 15
order) 16
Section 110, note, paragraph (b)-- 17
omit, insert-- 18
(b) the Planning and Environment Court Act 2015, section 36. 19
Clause 193 Amendment of s 123 (Application of local government 20
entry powers for MEDQ's functions or powers) 21
Section 123(6), definition lot, 'Sustainable Planning Act, section 22
10'-- 23
omit, insert-- 24
Planning Act, schedule 2 25
Page 127
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 194]
Clause 194 Amendment of s 127 (Direction to government entity or 1
local government to accept transfer) 2
Section 127(5), 'Sustainable Planning Act, section 678'-- 3
omit, insert-- 4
Planning Act, section 158 5
Clause 195 Amendment of ch 6, hdg (Transitional provisions and 6
repeals) 7
Chapter 6, heading, after 'provisions'-- 8
insert-- 9
for Act No. 43 of 2012 10
Clause 196 Amendment of s 177 (Definitions for ch 6) 11
Section 177-- 12
insert-- 13
SPA development approval means a development 14
approval under the repealed Sustainable Planning 15
Act. 16
repealed Sustainable Planning Act means the 17
repealed Sustainable Planning Act 2009. 18
Clause 197 Amendment of s 195 (Relationship with Sustainable 19
Planning Act) 20
(1) Section 195, heading, before 'Sustainable'-- 21
insert-- 22
repealed 23
(2) Section 195-- 24
insert-- 25
(8) In this section-- 26
Page 128
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 198]
community infrastructure designation means a 1
community infrastructure designation under the 2
repealed Sustainable Planning Act. 3
SPA development application means a 4
development application under the repealed 5
Sustainable Planning Act. 6
Clause 198 Amendment of s 204 (Plans of subdivision requiring 7
former ULDA's approval) 8
Section 204(1), before 'Sustainable'-- 9
insert-- 10
repealed 11
Clause 199 Amendment of s 213 (Existing directions to government 12
entity or local government to accept transfer) 13
Section 213(3), before 'Sustainable'-- 14
insert-- 15
repealed 16
Clause 200 Insertion of new ch 7 17
After section 216-- 18
insert-- 19
Page 129
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 200]
Chapter 7 Transitional 1
provisions for 2
Planning 3
(Consequential) and 4
Other Legislation 5
Amendment Act 6
2015 7
217 Definitions for chapter 8
In this chapter-- 9
amending Act means the Planning 10
(Consequential) and Other Legislation 11
Amendment Act 2015. 12
former, in relation to a provision, means the 13
provision as in force immediately before the 14
provision was amended or repealed under the 15
amending Act. 16
218 Existing SPA development application made 17
before priority development area declared 18
(1) This section applies if, immediately before the 19
declaration of an area as a priority development 20
area-- 21
(a) an existing SPA development application 22
had been made for land in the area; and 23
(b) the application was a properly made 24
application under the repealed Planning Act 25
and had not lapsed under that repealed Act; 26
and 27
(c) the application had not been decided. 28
(2) Former section 44(2) continues to apply in 29
relation to the application as if the amending Act 30
had not been enacted. 31
Page 130
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 201]
(3) If a development approval is given under the 1
repealed Planning Act for the application, the 2
carrying out of development, or use of land, 3
under the approval is not a PDA development 4
offence. 5
(4) In this section-- 6
existing SPA development application means a 7
development application made under the repealed 8
Planning Act, to which the Planning Act, section 9
287 applies. 10
repealed Planning Act means the repealed 11
Sustainable Planning Act 2009. 12
219 Unfinished compliance assessment for plan of 13
subdivision 14
(1) This section applies if-- 15
(a) before the commencement, SPA compliance 16
assessment under former section 104 had 17
started for a plan of subdivision; and 18
(b) the assessment had not finished before the 19
commencement. 20
(2) Former section 104 continues to apply in relation 21
to the plan as if the amending Act had not been 22
enacted. 23
Clause 201 Amendment of sch 1 (Dictionary) 24
(1) Schedule 1, definitions commencement, community 25
infrastructure designation, material change of use, Planning 26
and Environment Court, planning scheme, reconfiguring a lot, 27
SPA development application, SPA development approval, 28
SPA preliminary approval and Sustainable Planning Act-- 29
omit. 30
(2) Schedule 1-- 31
Page 131
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 17 Amendment of Economic Development Act 2012
[s 201]
insert-- 1
assessment benchmarks see the Planning Act, 2
section 43(1)(c). 3
material change of use, of premises, see the 4
Planning Act, schedule 2. 5
Planning Act means the Planning Act 2015. 6
reconfiguring a lot see the Planning Act, 7
schedule 2. 8
(3) Schedule 1, definition building work, from 'Sustainable'-- 9
omit, insert-- 10
Planning Act. 11
(4) Schedule 1, definition infrastructure agreement, 'Sustainable 12
Planning Act, schedule 3'-- 13
omit, insert-- 14
Planning Act, section 149 15
(5) Schedule 1, definition lawful use, paragraph (b), 'or the 16
Sustainable Planning Act'-- 17
omit, insert-- 18
, the Planning Act, the repealed Sustainable 19
Planning Act 2009 or the repealed 20
Integrated Planning Act 1997 21
(6) Schedule 1, definition operational work, 'Sustainable 22
Planning Act, section 10'-- 23
omit, insert-- 24
Planning Act, schedule 2 25
(7) Schedule 1, definition planning instrument, 'Sustainable'-- 26
omit. 27
(8) Schedule 1, definition relevant development, 'or an SPA 28
development approval'-- 29
omit, insert-- 30
Page 132
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 18 Amendment of Electricity Act 1994
[s 202]
, development approval under the Planning Act 1
(9) Schedule 1, definition relevant land, paragraph (b), 'an SPA 2
development approval'-- 3
omit, insert-- 4
a development approval under the Planning Act 5
Part 18 Amendment of Electricity Act 6
1994 7
Clause 202 Act amended 8
This part amends the Electricity Act 1994. 9
Clause 203 Replacement of s 112A (Clearing native vegetation for 10
operating works on freehold land) 11
Section 112A-- 12
omit, insert-- 13
112A Clearing vegetation on freehold land for 14
operating works 15
(1) This section applies despite the Planning Act. 16
(2) Clearing vegetation on freehold land is accepted 17
development for the Planning Act if the 18
clearing-- 19
(a) is for operating works for a transmission 20
entity or distribution entity; and 21
(b) is on premises designated under the 22
Planning Act, chapter 2, part 5 for a type of 23
infrastructure that is, or includes, the 24
operating works. 25
(3) In this section-- 26
Page 133
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 19 Amendment of Environmental Offsets Act 2014
[s 204]
Planning Act means the Planning Act 2015. 1
vegetation see the Vegetation Management Act 2
1999, section 8. 3
Part 19 Amendment of Environmental 4
Offsets Act 2014 5
Clause 204 Act amended 6
This part amends the Environmental Offsets Act 2014. 7
Clause 205 Amendment of s 5 (Relationship with particular Acts) 8
(1) Section 5(2)(a), 'Sustainable Planning Act 2009'-- 9
omit, insert-- 10
Planning Act 11
(2) Section 5(3), note, fourth dot point-- 12
omit. 13
Clause 206 Amendment of s 13B (What this part is about) 14
Section 13B(2)(b), 'section 325(1)'-- 15
omit, insert-- 16
section 62 17
Clause 207 Amendment of s 16 (Conditions that apply under this Act 18
to authority) 19
Section 16(5), 'Sustainable Planning Act 2009, section 347(1)(b) 20
and (c)'-- 21
omit, insert-- 22
Planning Act, section 66(1)(a) and (c) 23
Page 134
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 19 Amendment of Environmental Offsets Act 2014
[s 208]
Clause 208 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition Planning Act-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
assessment manager see the Planning Act, 6
section 48(1). 7
Planning Act means the Planning Act 2015. 8
referral agency see the Planning Act, section 9
54(2). 10
(3) Schedule 2, definition administering agency, paragraph 11
(a)(i)-- 12
omit, insert-- 13
(i) if the chief executive of the department 14
in which the Planning Act is 15
administered has nominated an entity 16
to be an enforcement authority under 17
that Act for development to which an 18
offset condition applies--the 19
nominated entity; or 20
(4) Schedule 2, definition administering agency, paragraph (a)(ii), 21
'concurrence'-- 22
omit, insert-- 23
referral 24
Page 135
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 209]
Part 20 Amendment of Environmental 1
Protection Act 1994 2
Clause 209 Act amended 3
This part amends the Environmental Protection Act 1994. 4
Clause 210 Amendment of s 115 (Development application taken to 5
be application for environmental authority in particular 6
circumstances) 7
Section 115(1)(b)(ii)-- 8
omit, insert-- 9
(ii) is categorised as assessable development 10
under a regulation made under the Planning 11
Act. 12
Clause 211 Amendment of s 120 (Application for environmental 13
authority can not be made in particular circumstances) 14
Section 120(1)(b)-- 15
omit, insert-- 16
(b) neither of the following applications has 17
been made-- 18
(i) a development application for a 19
development permit mentioned in 20
paragraph (a); 21
(ii) a change application to change a 22
development permit to authorise a 23
material change of use of premises 24
relating to the activity, if the permit 25
does not already authorise the material 26
change of use. 27
Page 136
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 212]
Clause 212 Amendment of s 166 (When does decision stage 1
start--application relating to development applications) 2
(1) Section 166(2)(a), from 'decision stage'-- 3
omit, insert-- 4
decision-making period for the development 5
application starts; or 6
(2) Section 166(2)(b)-- 7
omit, insert-- 8
(b) if the administering authority or the 9
planning chief executive is a referral agency 10
for the development application--the day 11
the referral agency's response period for the 12
application starts. 13
Clause 213 Amendment of s 169 (When decision must be 14
made--particular applications) 15
(1) Section 169(2), from 'a decision'-- 16
omit, insert-- 17
the administering authority must make a decision 18
under subdivision 2 within the decision-making 19
period for the development application, including 20
any extension of the period. 21
(2) Section 169(3)-- 22
omit, insert-- 23
(3) If the administering authority or the planning 24
chief executive is a referral agency for the 25
development application, the administering 26
authority must make a decision under subdivision 27
2 within the referral agency's response period for 28
the development application, including any 29
extension of the period. 30
Page 137
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 214]
Clause 214 Amendment of s 173 (When particular applications must 1
be refused) 2
(1) Section 173(2)-- 3
omit, insert-- 4
(2) Subsection (3) applies to a development 5
application if, under section 115, the application 6
is taken to also be an application for an 7
environmental authority and either of the 8
following applies-- 9
(a) the administering authority or planning 10
chief executive is a referral agency for the 11
development application and directs the 12
assessment manager for the application to-- 13
(i) refuse the application; or 14
(ii) give any development approval only as 15
a preliminary approval; 16
(b) the administering authority or planning 17
chief executive is the assessment manager 18
for the development application and decides 19
to-- 20
(i) refuse the application; or 21
(ii) give a preliminary approval even 22
though the development application 23
sought a development permit. 24
(2) Section 173-- 25
insert-- 26
(5) In this section-- 27
preliminary approval means a preliminary 28
approval under the Planning Act. 29
Clause 215 Amendment of s 195 (Issuing environmental authority) 30
Section 195(c)(ii)-- 31
Page 138
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 216]
omit, insert-- 1
(ii) if the administering authority is a referral agency 2
for the development application--when the 3
administering authority gives its referral agency's 4
response under the Planning Act to the applicant 5
for the development application; or 6
(iii) if the planning chief executive is a referral agency 7
for the development application--within 5 8
business days after the planning chief executive 9
gives its referral agency's response under the 10
Planning Act to the applicant for the development 11
application; or 12
(iv) if the planning chief executive is the assessment 13
manager for the development application--within 14
5 business days after the planning chief executive 15
gives the applicant a decision notice under the 16
Planning Act for the development application; or 17
Clause 216 Amendment of s 225 (Amendment application can not be 18
made in particular circumstances) 19
Section 225(b)-- 20
omit, insert-- 21
(b) a development permit for a material change 22
of use of premises is necessary under the 23
Planning Act for the carrying out of the 24
changed activity; and 25
(c) neither of the following applications has 26
been made under the Planning Act-- 27
(i) a development application for a 28
development permit mentioned in 29
paragraph (b); 30
(ii) a change application to change a 31
development permit to authorise a 32
material change of use of premises in 33
relation to the changed activity. 34
Page 139
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 217]
Clause 217 Amendment of s 332 (Administering authority may 1
require draft program) 2
Section 332(1), from 'program'-- 3
omit, insert-- 4
program as a condition of an environmental 5
authority. 6
Clause 218 Amendment of s 338 (Criteria for deciding draft program) 7
Section 338(3)-- 8
omit. 9
Clause 219 Amendment of s 370 (Definitions for pt 8) 10
Section 370, definition compliance permit-- 11
omit. 12
Clause 220 Omission of s 382 (Compliance permit) 13
Section 382-- 14
omit. 15
Clause 221 Amendment of s 388 (Application of sdiv 2) 16
Section 388(1)(a) and (b)-- 17
omit, insert-- 18
(a) a site investigation report for relevant 19
land is required to be prepared under an 20
investigation notice for the land; or 21
(b) a validation report for relevant land is 22
required to be prepared under a 23
clean-up notice for the land; or 24
Page 140
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 222]
Clause 222 Amendment of s 580 (Regulation-making power) 1
Section 580(4)-- 2
omit, insert-- 3
(4) Also, a regulation may prescribe the following-- 4
(a) assessment benchmarks for the Planning 5
Act for the assessment of a prescribed ERA 6
under that Act, other than an assessment 7
carried out by the planning chief executive; 8
(b) for the Planning Act, the matters a referral 9
agency other than the planning chief 10
executive-- 11
(i) must or may assess a development 12
application for a prescribed ERA 13
against; or 14
(ii) must or may assess a development 15
application for a prescribed ERA 16
having regard to. 17
Clause 223 Amendment of s 616ZB (End of environmental authority) 18
Section 616ZB(b), 'section 10(1)'-- 19
omit, insert-- 20
schedule 2 21
Clause 224 Amendment of s 624 (Effect of commencement on 22
particular approvals) 23
Section 624(2)(b)(ii), 'section 10(1)'-- 24
omit, insert-- 25
schedule 2 26
Clause 225 Insertion of new ch 13, pt 24 27
Chapter 13-- 28
Page 141
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 225]
insert-- 1
Part 24 Transitional provisions 2
for Planning 3
(Consequential) and 4
Other Legislation 5
Amendment Act 2015 6
740 Definitions for part 7
In this part-- 8
amending Act means the Planning 9
(Consequential) and Other Legislation 10
Amendment Act 2015. 11
former, in relation to a provision, means the 12
provision as in force immediately before the 13
provision was amended or repealed under the 14
amending Act. 15
pre-amended Act means this Act as in force 16
immediately before the commencement. 17
repealed Planning Act means the repealed 18
Sustainable Planning Act 2009. 19
741 Existing development application relating to 20
prescribed ERA 21
(1) This section applies to an existing development 22
application mentioned in former section 115. 23
(2) The pre-amended Act continues to apply in 24
relation to the application as if the amending Act 25
had not been enacted. 26
(3) In this section-- 27
existing development application means a 28
development application made under the repealed 29
Planning Act, to which the Planning Act, section 30
287 applies. 31
Page 142
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 226]
742 Compliance permits given under repealed 1
Planning Act 2
(1) This section applies to a compliance permit given 3
under the repealed Planning Act before or after 4
the commencement, if-- 5
(a) an auditor gives the administering authority 6
a copy of the compliance permit; and 7
(b) the administering authority had not 8
complied with former section 382(2) for the 9
compliance permit before the 10
commencement. 11
(2) Former section 382(2) continues to apply in 12
relation to the compliance permit as if the 13
amending Act had not been enacted. 14
743 Existing development condition requiring a 15
transitional environmental program 16
(1) This section applies to a development 17
condition-- 18
(a) mentioned in former section 332(1)(b); and 19
(b) that was in force immediately before the 20
commencement. 21
(2) The condition continues in force, and the 22
pre-amended Act continues to apply in relation to 23
the condition, as if the amending Act had not 24
been enacted. 25
Clause 226 Amendment of sch 1 (Exclusions relating to 26
environmental nuisance or environmental harm) 27
Schedule 1, section 3(f), 'Sustainable Planning Act 2009'-- 28
omit, insert-- 29
Planning Act 30
Page 143
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 20 Amendment of Environmental Protection Act 1994
[s 227]
Clause 227 Amendment of sch 2 (Original decisions) 1
Schedule 2, part 2, division 4, entries for section 382(2)-- 2
omit. 3
Clause 228 Amendment of sch 4 (Dictionary) 4
(1) Schedule 4, definitions advice agency, assessment manager, 5
compliance permit, concurrence agency, Planning Act and 6
referral agency-- 7
omit. 8
(2) Schedule 4-- 9
insert-- 10
assessment manager, for a development 11
application, means the person who is the 12
assessment manager under the Planning Act for 13
the application. 14
change application means a change application 15
under the Planning Act. 16
decision-making period, for a development 17
application, means the period allowed under the 18
development assessment rules under the Planning 19
Act for the assessment manager to decide the 20
application. 21
material change of use, of premises, see the 22
Planning Act, schedule 2. 23
Planning Act means the Planning Act 2015. 24
referral agency see the Planning Act, section 25
54(2). 26
referral agency's response period, for a 27
development application, means the period stated 28
in the development assessment rules for 29
complying with the Planning Act, section 56(4) 30
for the application. 31
(3) Schedule 4, definition development, 'section 7'-- 32
Page 144
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 21 Amendment of Exhibited Animals Act 2015
[s 229]
omit, insert-- 1
schedule 2 2
(4) Schedule 4, definition development condition, paragraph 1-- 3
omit, insert-- 4
1 Development condition, of a development 5
approval, means a condition of the approval 6
imposed by, or because of a requirement 7
of-- 8
(a) the administering authority as the 9
assessment manager or a referral 10
agency for the application for the 11
approval; or 12
(b) the planning chief executive as the 13
assessment manager or a referral 14
agency for the application for the 15
approval, if the planning chief 16
executive nominates the administering 17
authority as the enforcement authority 18
under the Planning Act for the 19
development to which the condition 20
relates. 21
Part 21 Amendment of Exhibited 22
Animals Act 2015 23
Clause 229 Act amended 24
This part amends the Exhibited Animals Act 2015. 25
Clause 230 Section 58 (General criteria for decision) 26
Section 58(3)-- 27
omit, insert-- 28
Page 145
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 22 Amendment of Fire and Emergency Services Act 1990
[s 231]
(3) In this section-- 1
assessable development means development that 2
is categorised as assessable development under 3
the Planning Act 2015. 4
development approval means a development 5
approval under the Planning Act 2015. 6
Part 22 Amendment of Fire and 7
Emergency Services Act 1990 8
Clause 231 Act amended 9
This part amends the Fire and Emergency Services Act 1990. 10
Clause 232 Amendment of s 113 (Appeal against local government's 11
determination) 12
Section 113(5)(c), 'Sustainable Planning Act 2009'-- 13
omit, insert-- 14
Planning Act 2015 15
Clause 233 Amendment of s 152C (Inspection of records of local 16
governments and building certifiers) 17
Section 152C(2)(b)(ii), from 'Integrated Planning Act 1997'-- 18
omit, insert-- 19
repealed Integrated Planning Act 1997, 20
the repealed Sustainable Planning Act 21
2009 or the Planning Act 2015. 22
Page 146
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 234]
Part 23 Amendment of Fisheries Act 1
1994 2
Clause 234 Act amended 3
This part amends the Fisheries Act 1994. 4
Clause 235 Amendment of s 22 (Integrated development assessment 5
system regulations and guidelines) 6
(1) Section 22, heading-- 7
omit, insert-- 8
22 Regulation and guidelines about particular 9
chief executive's powers or functions 10
(2) Section 22(1), 'under the Planning Act'-- 11
omit, insert-- 12
under this Act or the Planning Act 13
(3) Section 22(1)(b) to (e)-- 14
omit. 15
(4) Section 22(1)(f)-- 16
renumber as section 22(1)(b). 17
(5) Section 22(2)-- 18
omit. 19
(6) Section 22(3)-- 20
renumber as section 22(2). 21
Clause 236 Insertion of new pt 4 22
After section 22-- 23
insert-- 24
Page 147
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 237]
Part 4 Accepted development 1
requirements 2
23 Accepted development requirements for 3
Planning Act 4
A regulation may, for the Planning Act, state the 5
requirements (the accepted development 6
requirements) that fisheries development must 7
comply with to be categorised as accepted 8
development under that Act. 9
Clause 237 Amendment of s 52 (Things authorised by authorities) 10
Section 52(4)(b), note-- 11
omit, insert-- 12
Note-- 13
See also section 76T and the Planning Act, section 162. 14
Clause 238 Amendment of s 76A (Application of sdiv 1) 15
Section 76A(a) and (b), from 'assessable' to 'section 232(1)'-- 16
omit, insert-- 17
development categorised as assessable 18
development under a regulation made under the 19
Planning Act 20
Clause 239 Amendment of s 76C (Nature of fisheries development 21
approval for which resource allocation authority 22
required) 23
Section 76C(2), 'section 245 of the Planning Act'-- 24
omit, insert-- 25
the Planning Act, section 73 26
Page 148
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 240]
Clause 240 Omission of pt 5, div 3A, sdiv 2 (Assessment of 1
development applications for fisheries development 2
approval generally) 3
Part 5, division 3A, subdivision 2-- 4
omit. 5
Clause 241 Replacement of pt 5, div 3A, sdiv 3, hdg (Assessment of 6
development applications for construction or raising of 7
waterway barrier works) 8
Part 5, division 3A, subdivision 3, heading-- 9
omit, insert-- 10
Subdivision 3 Fish movement exemption 11
notices 12
Clause 242 Omission of s 76G (When chief executive may approve 13
applications relating to waterway barrier works) 14
Section 76G-- 15
omit. 16
Clause 243 Replacement of pt 5, div 3A, sdiv 4, hdg (Conditions on 17
fisheries development approvals generally) 18
Part 5, division 3A, subdivision 4, heading-- 19
omit, insert-- 20
Subdivision 4 Environmental offset 21
conditions on fisheries 22
development approvals 23
Clause 244 Amendment of s 76H (Relationship between sdiv 4 and 24
Planning Act) 25
Section 76H, 'chapter 6, part 5, division 6 of the Planning Act'-- 26
omit, insert-- 27
Page 149
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 245]
the Planning Act, chapter 3, part 3, division 3 1
Clause 245 Omission of s 76I (Conditions on fisheries development 2
approvals generally) 3
Section 76I-- 4
omit. 5
Clause 246 Amendment of s 76IA (Environmental offset conditions) 6
Section 76IA(1), 'sections 346 and 346A'-- 7
omit, insert-- 8
section 65 9
Clause 247 Omission of ss 76J, 76K and 76L 10
Sections 76J, 76K and 76L-- 11
omit. 12
Clause 248 Omission of pt 5, div 3A, sdiv 5 (Amending conditions on 13
fisheries development approvals) 14
Part 5, division 3A, subdivision 5-- 15
omit. 16
Clause 249 Amendment of s 76S (Purpose of sdiv 6) 17
Section 76S, note-- 18
omit, insert-- 19
Note-- 20
See the Planning Act, section 224(1) for the application of 21
provisions, of an Act other than the Planning Act, about 22
particular matters that the Planning Act also has provisions 23
about. 24
Page 150
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 250]
Clause 250 Amendment of s 76T (Penalties for carrying out 1
assessable development without permit) 2
(1) Section 76T(2), from 'section 578(1)' to 'permit is--'-- 3
omit, insert-- 4
section 162(1), the maximum penalty for an 5
offence against the section is-- 6
(2) Section 76T(2)(a), (b) and (c), from 'for assessable' to 7
'section 232(1)'-- 8
omit, insert-- 9
for development categorised as assessable 10
development under a regulation made under 11
the Planning Act 12
Clause 251 Amendment of s 76U (Penalties for noncompliance with 13
particular development approvals) 14
Section 76U(2), 'section 580(1)'-- 15
omit, insert-- 16
section 163 17
Clause 252 Amendment of s 76V (Additional requirement for 18
development carried out in emergency) 19
Section 76V(1) and (2)-- 20
omit, insert-- 21
(1) This section applies to a person carrying out an 22
activity that is fisheries development if the 23
Planning Act, section 165(3) or (4) applies to the 24
activity. 25
(2) For the Planning Act, section 165(4)(b) and 26
(6)(a)(ii), the person must give notice that the 27
person has been carrying out the activity to the 28
chief executive as soon as reasonably practicable 29
after starting the activity. 30
Page 151
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 253]
(3) In this section-- 1
activity see the Planning Act, section 165(1). 2
Clause 253 Amendment of s 88B (Carrying out particular 3
development without resource allocation authority) 4
(1) Section 88B(1)(a), from 'the following' to 'section 5
232(1)--'-- 6
omit, insert-- 7
the following development categorised as 8
assessable development under a regulation 9
made under the Planning Act-- 10
(2) Section 88B(1)(b), from 'self-assessable' to 'section 11
232(1)'-- 12
omit, insert-- 13
development categorised as accepted 14
development under a regulation made under 15
the Planning Act 16
(3) Section 88B(4), definition relevant person-- 17
omit, insert-- 18
relevant person, for development, means-- 19
(a) the chief executive; and 20
(b) if the development is assessable 21
development--the person who would be the 22
assessment manager if a development 23
application were made for the development. 24
Clause 254 Amendment of s 145 (Entry to places) 25
(1) Section 145(1)(c), ', or a self-assessable development 26
code,'-- 27
omit, insert-- 28
or an accepted development requirement 29
Page 152
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 255]
(2) Section 145(1)(c)(ii), 'code,'-- 1
omit, insert-- 2
accepted development requirement 3
Clause 255 Amendment of s 185 (Who may apply for review) 4
(1) Section 185(2)(b)-- 5
omit. 6
(2) Section 185(2)(c) to (g)-- 7
renumber as section 185(2)(b) to (f). 8
Clause 256 Amendment of s 223 (Regulation-making power) 9
(1) Section 223(2)(a)-- 10
omit, insert-- 11
(a) prescribe the fees payable under this Act; or 12
(aa) state, for the Planning Act, the types of 13
development applications, and change 14
applications, relating to fisheries 15
development that is building work that do 16
not require referral to a referral agency 17
under that Act; or 18
(2) Section 223(2)(aa) to (c)-- 19
renumber as section 223(2)(b) to (d). 20
(3) Section 223-- 21
insert-- 22
(3) In this section-- 23
change application-- 24
(a) means a change application under the 25
Planning Act; but 26
Page 153
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 257]
(b) does not include a change application for a 1
minor change to a development approval, as 2
defined in that Act. 3
Clause 257 Amendment of s 240 (Definitions for div 4) 4
Section 240-- 5
insert-- 6
currency period, for a development permit, 7
means the relevant period mentioned in the 8
repealed Sustainable Planning Act 2009, section 9
341 in relation to the permit. 10
Clause 258 Amendment of s 242 (Continuing effect of existing 11
approvals for waterway barrier works) 12
Section 242(2)(c), note-- 13
omit. 14
Clause 259 Amendment of s 244 (Applications in progress for 15
particular relevant authorities) 16
(1) Section 244(3), before 'Planning Act'-- 17
insert-- 18
repealed 19
(2) Section 244-- 20
insert-- 21
(4) In this section-- 22
repealed Planning Act means the repealed 23
Sustainable Planning Act 2009. 24
Clause 260 Insertion of new pt 12, div 10 25
Part 12-- 26
insert-- 27
Page 154
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 260]
Division 10 Transitional provisions for 1
Planning (Consequential) 2
and Other Legislation 3
Amendment Act 2015 4
262 Definitions for division 5
In this division-- 6
amending Act means the Planning 7
(Consequential) and Other Legislation 8
Amendment Act 2015. 9
former, in relation to a provision, means the 10
provision as in force immediately before the 11
provision was amended or repealed under the 12
amending Act. 13
repealed Planning Act means the repealed 14
Sustainable Planning Act 2009. 15
263 Existing particular development applications 16
for fisheries development 17
(1) This section applies to an existing development 18
application for fisheries development, if the chief 19
executive was the assessment manager or a 20
concurrence agency for the application under the 21
repealed Planning Act. 22
(2) The following provisions continue to apply in 23
relation to the application as if the amending Act 24
had not been enacted-- 25
(a) former sections 76D and 76G; 26
(b) former part 5, division 3A, subdivision 4. 27
(3) A decision of the chief executive about the 28
application can not be reviewed by QCAT. 29
(4) In this section-- 30
existing development application means a 31
development application made under the repealed 32
Page 155
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 260]
Planning Act, to which the Planning Act, section 1
287 applies. 2
264 Existing appeals--amendment of fisheries 3
development approval conditions 4
(1) This section applies if-- 5
(a) a person appealed to the Planning and 6
Environment Court before the 7
commencement under former section 8
76Q(1); and 9
(b) the appeal had not been decided before the 10
commencement. 11
(2) The Planning and Environment Court must hear, 12
or continue to hear, and decide the appeal under 13
former sections 76Q and 76R as if the amending 14
Act had not been enacted and the repealed 15
Planning Act had not been repealed. 16
(3) To remove any doubt, it is declared that former 17
section 76Q(2), (4) and (5) applies for the appeal. 18
265 Existing right to appeal--amendment of 19
fisheries development approval conditions 20
(1) This section applies if-- 21
(a) before the commencement, a person could 22
have appealed to the Planning and 23
Environment Court under former section 24
76Q(1); and 25
(b) the person has not appealed before the 26
commencement. 27
(2) The person may appeal, and the Planning and 28
Environment Court must hear and decide the 29
appeal, under former sections 76Q(1), (2)(a), (3) 30
and (4) and 76R(2), as if the amending Act had 31
not been enacted. 32
Page 156
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 23 Amendment of Fisheries Act 1994
[s 261]
(3) The Planning and Environment Court Act 2015, 1
part 5, with any changes the court considers 2
appropriate, applies to the appeal as if the appeal 3
were a Planning Act appeal under that Act. 4
Clause 261 Amendment of schedule (Dictionary) 5
(1) Schedule, definitions amend, applicable code, assessable 6
development, concurrence agency, currency period, 7
development application, development approval, development 8
permit, environmental offset condition, fisheries development, 9
fisheries development approval, Planning Act, prohibited 10
development and self-assessable development-- 11
omit. 12
(2) Schedule-- 13
insert-- 14
accepted development requirements see section 15
23. 16
assessable development means development 17
categorised as assessable development under the 18
Planning Act. 19
development application means a development 20
application under the Planning Act. 21
development approval means a development 22
approval under the Planning Act. 23
development permit means a development permit 24
under the Planning Act. 25
environmental offset see the Environmental 26
Offsets Act 2014, section 7(2). 27
environmental offset condition means a 28
condition of a development approval that requires 29
or otherwise relates to an environmental offset. 30
fisheries development means development that 31
relates to aquaculture, fisheries resources, fish 32
habitat or waterway barrier works. 33
Page 157
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 24 Amendment of Geothermal Energy Act 2010
[s 262]
fisheries development approval means a 1
development approval for fisheries development 2
if the chief executive, or the chief executive of the 3
department in which the Planning Act is 4
administered, was the assessment manager or a 5
referral agency under that Act for the application 6
for the approval. 7
Planning Act means the Planning Act 2015. 8
(3) Schedule, definition assessment manager, 'section 246(1)'-- 9
omit, insert-- 10
section 48(1) 11
(4) Schedule, definition building work, 'section 10(1)'-- 12
omit, insert-- 13
schedule 2 14
(5) Schedule, definition material change of use, 'section 10(1)'-- 15
omit, insert-- 16
schedule 2 17
(6) Schedule, definition operational work, 'section 10(1)'-- 18
omit, insert-- 19
schedule 2 20
Part 24 Amendment of Geothermal 21
Energy Act 2010 22
Clause 262 Act amended 23
This part amends the Geothermal Energy Act 2010. 24
Page 158
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 25 Amendment of Gold Coast Waterways Authority Act 2012
[s 263]
Clause 263 Amendment of s 327 (Restriction on carrying out 1
geothermal activities) 2
Section 327, note 1, 'Sustainable Planning Act 2009'-- 3
omit, insert-- 4
Planning Act 2015 5
Part 25 Amendment of Gold Coast 6
Waterways Authority Act 2012 7
Clause 264 Act amended 8
This part amends the Gold Coast Waterways Authority Act 9
2012. 10
Clause 265 Amendment of s 4 (Relationship with other Acts) 11
Section 4(2)(c), 'Sustainable Planning Act 2009'-- 12
omit, insert-- 13
Planning Act 2015 14
Part 26 Amendment of Inala Shopping 15
Centre Freeholding Act 2006 16
Clause 266 Act amended 17
This part amends the Inala Shopping Centre Freeholding Act 18
2006. 19
Clause 267 Replacement of s 27 (Exempt development) 20
Section 27-- 21
Page 159
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 27 Amendment of Integrated Resort Development Act 1987
[s 268]
omit, insert-- 1
27 Accepted development 2
(1) This section applies if development under this 3
Act would, other than for subsection (2), be 4
prohibited development or assessable 5
development under the Planning Act 2015. 6
(2) The development is taken to be accepted 7
development for the Planning Act 2015. 8
(3) In this section-- 9
development see the Planning Act 2015, schedule 10
2. 11
Part 27 Amendment of Integrated 12
Resort Development Act 1987 13
Clause 268 Act amended 14
This part amends the Integrated Resort Development Act 15
1987. 16
Clause 269 Amendment of s 15 (Approved scheme regulates 17
development etc. of site) 18
(1) Section 15(4), 'Integrated'-- 19
omit. 20
(2) Section 15-- 21
insert-- 22
(9) In this section-- 23
planning scheme means a planning scheme 24
under the Planning Act. 25
Page 160
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 27 Amendment of Integrated Resort Development Act 1987
[s 270]
Clause 270 Amendment of s 20 (Effect of revocation) 1
Section 20(1)(b), from 'Integrated'-- 2
omit, insert-- 3
Planning Act prescribed for section 90 apply. 4
Clause 271 Amendment of s 72 (Boundary adjustment plan) 5
Section 72(5)-- 6
omit, insert-- 7
(5) An appeal is started by lodging a written notice 8
of appeal with the registrar of the Planning and 9
Environment Court. 10
(6) The notice of appeal must be in the approved 11
form and succinctly state the grounds of the 12
appeal. 13
(7) The Planning and Environment Court Act 2015, 14
part 5 applies, with necessary changes, to the 15
appeal as if the appeal were a Planning Act 16
appeal under that Act. 17
Clause 272 Amendment of s 90 (Construction of canals) 18
Section 90(3), 'Integrated'-- 19
omit. 20
Clause 273 Amendment of s 96 (Surrender of canal to the State) 21
Section 96(7), from 'Integrated'-- 22
omit, insert-- 23
Planning Act prescribed for section 90 apply. 24
Clause 274 Amendment of sch 7 (Dictionary) 25
(1) Schedule 7, definition Integrated Planning Act-- 26
Page 161
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 28 Amendment of Integrity Act 2009
[s 275]
omit. 1
(2) Schedule 7-- 2
insert-- 3
Planning Act means the Planning Act 2015. 4
Part 28 Amendment of Integrity Act 5
2009 6
Clause 275 Act amended 7
This part amends the Integrity Act 2009. 8
Clause 276 Amendment of s 42 (Meaning of lobbying activity and 9
contact) 10
Section 42(1)(a)(v), 'Sustainable Planning Act 2009'-- 11
omit, insert-- 12
Planning Act 2015 13
Part 29 Amendment of Land Act 1994 14
Clause 277 Act amended 15
This part amends the Land Act 1994. 16
Clause 278 Amendment of s 55D (Registration surrenders deed of 17
grant in trust) 18
Section 55D(4), 'Sustainable Planning Act 2009'-- 19
omit, insert-- 20
Page 162
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 29 Amendment of Land Act 1994
[s 279]
Planning Act 1
Clause 279 Amendment of s 109A (Simultaneous opening and 2
closing of roads--deed of grant) 3
Section 109A(4), 'Sustainable Planning Act 2009'-- 4
omit, insert-- 5
Planning Act 6
Clause 280 Amendment of s 109B (Simultaneous opening and 7
closure of roads--trust land or lease land) 8
Section 109B(5), 'Sustainable Planning Act 2009'-- 9
omit, insert-- 10
Planning Act 11
Clause 281 Amendment of s 294B (Building management statement 12
may be registered) 13
Section 294B(7), definition building development approval, from 14
'or compliance' to '2009,'-- 15
omit, insert-- 16
under the Planning Act 17
Clause 282 Amendment of s 373A (Covenant by registration) 18
(1) Section 373A(1), 'Non-freehold land'-- 19
omit, insert-- 20
Subject to this section, non-freehold land 21
(2) Section 373A(7)-- 22
omit, insert-- 23
(7) Also, the covenant must not-- 24
(a) secure the payment of money, or money's 25
worth, payable under a condition of a 26
Page 163
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 29 Amendment of Land Act 1994
[s 283]
development approval, or an infrastructure 1
agreement, under the Planning Act; or 2
Note-- 3
See also the Planning Act, section 106. 4
(b) be inconsistent with a planning scheme 5
under the Planning Act that-- 6
(i) applies to the land the subject of the 7
covenant; and 8
(ii) is in effect when the document creating 9
the covenant is registered; or 10
(c) provide for anything capable of being the 11
subject of a document creating an easement. 12
(7A) Subsection (7)(b) does not apply to a covenant if 13
it was entered into under a condition of a 14
development approval, or an infrastructure 15
agreement, under the Planning Act. 16
Clause 283 Amendment of s 373AB (Compliance with s 373A) 17
Section 373AB-- 18
insert-- 19
(4) However, the chief executive need not consider 20
whether a document creating or purporting to 21
create a covenant complies with section 22
373A(7)(b). 23
Clause 284 Amendment of s 431N (Ability to prosecute under other 24
Acts) 25
Section 431N(a)-- 26
omit, insert-- 27
(a) a development offence under the Planning 28
Act or the repealed Sustainable Planning 29
Act 2009; 30
Page 164
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 30 Amendment of Land Sales Act 1984
[s 285]
Clause 285 Amendment of sch 6 (Dictionary) 1
Schedule 6-- 2
insert-- 3
Planning Act means the Planning Act 2015. 4
Part 30 Amendment of Land Sales Act 5
1984 6
Clause 286 Act amended 7
This part amends the Land Sales Act 1984. 8
Clause 287 Amendment of s 12 (Requirements for disclosure 9
statement) 10
Section 12(3), definition development approval, paragraph (a)-- 11
omit, insert-- 12
(a) a development approval under the Planning 13
Act; or 14
Clause 288 Amendment of sch 1 (Dictionary) 15
(1) Schedule 1, definition Planning Act-- 16
omit. 17
(2) Schedule 1-- 18
insert-- 19
Planning Act means the Planning Act 2015. 20
(3) Schedule 1, definitions operational work and reconfiguring a 21
lot, 'section 10(1)'-- 22
omit, insert-- 23
schedule 2 24
Page 165
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 31 Amendment of Land Tax Act 2010
[s 289]
Part 31 Amendment of Land Tax Act 1
2010 2
Clause 289 Act amended 3
This part amends the Land Tax Act 2010. 4
Clause 290 Amendment of s 55 (Port authority land) 5
Section 55(3)(a) and (b), 'Sustainable Planning Act 2009'-- 6
omit, insert-- 7
Planning Act 2015 8
Part 32 Amendment of Land Title Act 9
1994 10
Clause 291 Act amended 11
This part amends the Land Title Act 1994. 12
Clause 292 Amendment of s 50 (Requirements for registration of plan 13
of subdivision) 14
(1) Section 50(3)(a) and (b)-- 15
omit, insert-- 16
(a) for a plan that, other than for this subsection, 17
would have required approval by 18
MEDQ--the plan is not a plan of 19
subdivision as defined in the Economic 20
Development Act 2012, section 104(3); or 21
(b) for a plan that, other than for this subsection, 22
would have required approval by the 23
relevant local government--the plan is not a 24
Page 166
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 32 Amendment of Land Title Act 1994
[s 293]
plan for which a process for approving the 1
plan is provided under the Planning Act. 2
(2) Section 50(5)-- 3
omit, insert-- 4
(5) If a plan of subdivision is approved as mentioned 5
in subsection (1)(h) or (i) under the Economic 6
Development Act 2012, section 104 or the 7
Planning Act, the plan must be lodged for 8
registration within 6 months after the approval. 9
Clause 293 Amendment of s 54A (Building management statement 10
may be registered) 11
Section 54A(6), definition building development approval, from 12
'or compliance' to '2009,'-- 13
omit, insert-- 14
under the Planning Act 15
Clause 294 Amendment of s 65 (Requirements of instrument of 16
lease) 17
Section 65(3A), from 'the reconfiguration' to '2009'-- 18
omit, insert-- 19
reconfiguring a lot within the meaning of the 20
Planning Act 21
Clause 295 Amendment of s 83 (Registration of easement) 22
(1) Section 83(2), 'Sustainable Planning Act 2009'-- 23
omit, insert-- 24
Planning Act 25
(2) Section 83(3) and (4)-- 26
omit, insert-- 27
Page 167
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 32 Amendment of Land Title Act 1994
[s 296]
(3) However, subsection (2)(a) applies to a plan of 1
survey only if it is a plan of subdivision as 2
defined in the Economic Development Act 2012, 3
section 104(3). 4
(4) Also, subsection (2)(b) applies to a plan of survey 5
only if it is a plan for which a process for 6
approving the plan is provided under the 7
Planning Act. 8
Clause 296 Amendment of s 94 (Meaning of high-density 9
development easement) 10
Section 94(4), definition relevant development approval, paragraph 11
(a), from 'a development approval' to 'that Act--'-- 12
omit, insert-- 13
a development approval under the Planning 14
Act for any of the following as defined in 15
that Act-- 16
Clause 297 Amendment of s 97A (Covenant by registration) 17
(1) Section 97A(1), 'A'-- 18
omit, insert-- 19
Subject to this section, a 20
(2) Section 97A(6)-- 21
omit, insert-- 22
(6) Also, the covenant must not-- 23
(a) secure the payment of money, or money's 24
worth, payable under a condition of a 25
development approval, or an infrastructure 26
agreement, under the Planning Act; or 27
Note-- 28
See also the Planning Act, section 106. 29
Page 168
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 32 Amendment of Land Title Act 1994
[s 298]
(b) be inconsistent with a planning scheme 1
under the Planning Act that-- 2
(i) applies to the land the subject of the 3
covenant; and 4
(ii) is in effect when the instrument of 5
covenant is registered; or 6
(c) provide for anything capable of being the 7
subject of an instrument of easement. 8
(6A) Subsection (6)(b) does not apply to a covenant if 9
it was entered into under a condition of a 10
development approval, or an infrastructure 11
agreement, under the Planning Act. 12
Clause 298 Amendment of s 97AA (Compliance with s 97A) 13
Section 97AA-- 14
insert-- 15
(4) However, the registrar need not consider whether 16
an instrument purporting to be an instrument of 17
covenant complies with section 97A(6)(b). 18
Clause 299 Amendment of s 115I (Enlarging the number of lots 19
through progressive subdivision) 20
(1) Section 115I(1)(a)-- 21
omit, insert-- 22
(a) an application for a development approval is 23
made under the Planning Act; or 24
(aa) an application for a development approval, 25
or a request for compliance assessment of 26
development, was made under the repealed 27
Sustainable Planning Act 2009; or 28
(2) Section 115I(1)(aa) and (b)-- 29
renumber as section 115I(1)(b) and (c). 30
Page 169
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 33 Amendment of Land Valuation Act 2010
[s 300]
Clause 300 Amendment of sch 2 (Dictionary) 1
Schedule 2-- 2
insert-- 3
Planning Act means the Planning Act 2015. 4
Part 33 Amendment of Land Valuation 5
Act 2010 6
Clause 301 Act amended 7
This part amends the Land Valuation Act 2010. 8
Clause 302 Replacement of s 10 (Zoned rural land) 9
Section 10-- 10
omit, insert-- 11
10 Zoned rural land 12
(1) An area of land is zoned rural land if more than 13
half the land is zoned as rural land, however 14
called, under a planning scheme. 15
Note-- 16
For public access to planning schemes, see the Planning 17
Act, chapter 7, part 3. 18
(2) Land zoned as rural-residential land, however 19
called, under a planning scheme is not zoned as 20
rural land. 21
Clause 303 Amendment of s 11 (Cessation of zoned rural land) 22
Section 11, 'preliminary approval under the Planning Act'-- 23
omit, insert-- 24
development approval 25
Page 170
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 34 Amendment of Liquor Act 1992
[s 304]
Clause 304 Amendment of schedule (Dictionary) 1
(1) Schedule, definitions development approval and Planning 2
Act-- 3
omit. 4
(2) Schedule-- 5
insert-- 6
development approval means a development 7
approval under the Planning Act. 8
Planning Act means the Planning Act 2015. 9
planning scheme means a planning scheme 10
under the Planning Act. 11
(3) Schedule, definition development, 'section 7'-- 12
omit, insert-- 13
schedule 2 14
Part 34 Amendment of Liquor Act 1992 15
Clause 305 Act amended 16
This part amends the Liquor Act 1992. 17
Clause 306 Amendment of s 4 (Definitions) 18
(1) Section 4, definitions development approval and relevant 19
period-- 20
omit. 21
(2) Section 4-- 22
insert-- 23
development approval means a development 24
approval under the Planning Act. 25
Page 171
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 34 Amendment of Liquor Act 1992
[s 307]
Planning Act means the Planning Act 2015. 1
relevant period, for a development approval for 2
the use of land for licensed premises, means the 3
first of the following periods to end-- 4
(a) the period at the end of which the approval, 5
or the part of the approval for the use, lapses 6
under the Planning Act; 7
(b) 4 years after the day the approval takes 8
effect. 9
Clause 307 Amendment of s 105B (Application for adult 10
entertainment permit requires local government consent) 11
Section 105B(5), definition consent, 'Sustainable Planning Act 12
2009'-- 13
omit, insert-- 14
Planning Act 15
Clause 308 Amendment of s 121 (Matters the commissioner must 16
have regard to) 17
Section 121(1)(h), 'Sustainable Planning Act 2009'-- 18
omit, insert-- 19
Planning Act 20
Clause 309 Amendment of s 123 (Commissioner may grant 21
provisional licence) 22
Section 123(1)(b), 'Sustainable Planning Act 2009'-- 23
omit, insert-- 24
Planning Act 25
Page 172
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 35 Amendment of Local Government Act 2009
[s 310]
Part 35 Amendment of Local 1
Government Act 2009 2
Clause 310 Act amended 3
This part amends the Local Government Act 2009. 4
Clause 311 Amendment of s 37 (Development processes) 5
Section 37(2), 'a process in the Planning Act, chapter 6'-- 6
omit, insert-- 7
the development assessment process under the 8
Planning Act 9
Clause 312 Amendment of s 72 (Assessment of impacts on roads 10
from certain activities) 11
Section 72(1)(c)(ii)-- 12
omit, insert-- 13
(ii) development categorised under the 14
local government's planning scheme as 15
assessable development for the 16
Planning Act; or 17
Clause 313 Amendment of s 93 (Land on which rates are levied) 18
Section 93(4)(a), 'or compliance permit'-- 19
omit. 20
Clause 314 Insertion of new ch 9, pt 9 21
After section 307-- 22
insert-- 23
Page 173
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 35 Amendment of Local Government Act 2009
[s 314]
Part 9 Transitional provisions 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
308 Definitions for part 6
In this part-- 7
amending Act means the Planning (Consequential) 8
and Other Legislation Amendment Act 2015. 9
former, in relation to a provision, means the provision 10
as in force immediately before the provision was 11
amended or repealed under the amending Act. 12
repealed Planning Act means the repealed 13
Sustainable Planning Act 2009. 14
309 Entry under existing application, permit or 15
notice 16
(1) This section applies to an application, permit or 17
notice-- 18
(a) mentioned in former section 132; and 19
(b) made or given under the repealed Planning 20
Act. 21
(2) Former section 132 continues to apply in relation 22
to the application, permit or notice as if the 23
amending Act had not been enacted and the 24
repealed Planning Act had not been repealed. 25
310 Existing remedial notice 26
(1) This section applies to a remedial notice-- 27
(a) given under former section 138AA; and 28
Page 174
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 35 Amendment of Local Government Act 2009
[s 314]
(b) requiring an owner or occupier of a property 1
to take action under the repealed Planning 2
Act. 3
(2) The remedial notice continues to have effect as if 4
the amending Act had not been enacted and the 5
repealed Planning Act had not been repealed. 6
311 Existing inside information 7
(1) This section applies to information about any of 8
the following (existing inside information) that, 9
immediately before the commencement, was 10
inside information, in relation to a local 11
government, for section 171A-- 12
(a) the exercise of a power under the repealed 13
Planning Act by the local government, a 14
councillor or a local government employee; 15
(b) a decision, or proposed decision, under the 16
repealed Planning Act of the local 17
government or any of its committees; 18
(c) the exercise of a power under the repealed 19
Planning Act by the State, a Minister, a 20
statutory body or an employee of the State 21
or statutory body, that affects the local 22
government, any of its corporate entities or 23
land or infrastructure within the local 24
government's area; 25
(d) any legal or financial advice about the 26
repealed Planning Act created for the local 27
government, any of its committees or any of 28
its corporate entities. 29
(2) The existing inside information continues to be 30
inside information for section 171A as if the 31
amending Act had not been enacted and the 32
repealed Planning Act had not been repealed. 33
Page 175
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 36 Amendment of Local Government (Robina Central Planning Agreement) Act 1992
[s 315]
312 Existing unpaid fine--where fine to be paid to 1
(1) This section applies to a fine mentioned in former 2
section 246 that-- 3
(a) is unpaid; and 4
(b) was imposed in proceedings brought by a 5
local government for an offence against the 6
repealed Planning Act. 7
(2) Former section 246(2) continues to apply in 8
relation to the fine as if the amending Act had not 9
been enacted and the repealed Planning Act had 10
not been repealed. 11
Clause 315 Amendment of sch 4 (Dictionary) 12
(1) Schedule 4, definitions Planning Act, Planning and 13
Environment Court and planning scheme-- 14
omit. 15
(2) Schedule 4-- 16
insert-- 17
Planning Act means the Planning Act 2015. 18
planning scheme means a planning scheme 19
under the Planning Act. 20
Part 36 Amendment of Local 21
Government (Robina Central 22
Planning Agreement) Act 1992 23
Clause 316 Act amended 24
This part amends the Local Government (Robina Central 25
Planning Agreement) Act 1992. 26
Page 176
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 36 Amendment of Local Government (Robina Central Planning Agreement) Act 1992
[s 317]
Clause 317 Amendment of s 6 (Amendment of planning agreement) 1
Section 6(a)-- 2
omit, insert-- 3
(a) firstly, the Planning Act 2015, section 18 4
must be complied with for the proposed 5
agreement as if it were a proposed planning 6
scheme amendment under that Act; and 7
Clause 318 Insertion of new s 12 8
After section 11-- 9
insert-- 10
12 Transitional provision for Planning 11
(Consequential) and Other Legislation 12
Amendment Act 2015 13
(1) This section applies if, immediately before the 14
commencement, the process for making a further 15
agreement under former section 6(a) and (b) had 16
started but not finished. 17
(2) The process may be continued as if the Planning 18
Act 2015 and the Planning (Consequential) and 19
Other Legislation Amendment Act 2015 had not 20
been enacted. 21
(3) In this section-- 22
former section 6(a) and (b) means section 6(a) 23
and (b) as in force immediately before the 24
commencement. 25
Page 177
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 37 Amendment of Major Events Act 2014
[s 319]
Part 37 Amendment of Major Events 1
Act 2014 2
Clause 319 Act amended 3
This part amends the Major Events Act 2014. 4
Clause 320 Amendment of s 78 (Application of other Acts to 5
activities or works for major event) 6
Section 78(2)(f)-- 7
omit, insert-- 8
(f) the Planning Act 2015. 9
Part 38 Amendment of Major Sports 10
Facilities Act 2001 11
Clause 321 Act amended 12
This part amends the Major Sports Facilities Act 2001. 13
Clause 322 Amendment of s 30AI (Definitions for div 1) 14
Section 30AI, definition relevant development approval, 15
'Sustainable Planning Act 2009'-- 16
omit, insert-- 17
repealed Sustainable Planning Act 2009 and the 18
Planning Act 19
Clause 323 Amendment of s 30AN (Use of Suncorp Stadium for 20
major sport events) 21
Section 30AN(2)-- 22
Page 178
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 38 Amendment of Major Sports Facilities Act 2001
[s 324]
omit, insert-- 1
(2) Subsection (1) applies despite the following-- 2
(a) the relevant development approval 3
condition; 4
(b) the Planning Act; 5
(c) any local planning instrument made under 6
the Planning Act applying to the land on 7
which the facility is; 8
(d) any development approval under the 9
Planning Act relating to the facility. 10
Clause 324 Amendment of s 30A (Lawful use for major sports 11
facilities for prescribed special events) 12
Section 30A(2)-- 13
omit, insert-- 14
(2) The use of the facility for the event is a lawful use 15
of the facility despite the following-- 16
(a) the Planning Act; 17
(b) any local planning instrument made under 18
the Planning Act applying to the land on 19
which the facility is; 20
(c) any development approval under the 21
Planning Act relating to the facility. 22
Clause 325 Amendment of sch 2 (Dictionary) 23
(1) Schedule 2-- 24
insert-- 25
Planning Act means the Planning Act 2015. 26
(2) Schedule 2, definition use, paragraphs (a) and (b), 27
'Sustainable Planning Act 2009'-- 28
omit, insert-- 29
Page 179
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 39 Amendment of Marine Parks Act 2004
[s 326]
Planning Act 1
Part 39 Amendment of Marine Parks 2
Act 2004 3
Clause 326 Act amended 4
This part amends the Marine Parks Act 2004. 5
Clause 327 Amendment of schedule (Dictionary) 6
Schedule, definition environment conservation legislation, 7
examples, fifth dot point, 'Sustainable Planning Act 2009'-- 8
omit, insert-- 9
Planning Act 2015 10
Part 40 Amendment of Mineral 11
Resources Act 1989 12
Clause 328 Act amended 13
This part amends the Mineral Resources Act 1989. 14
Clause 329 Amendment of ch 1, pt 3, hdg (Relationship with 15
Sustainable Planning Act 2009) 16
Chapter 1, part 3, heading, 'Sustainable Planning Act 2009'-- 17
omit, insert-- 18
Planning Act 19
Page 180
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 40 Amendment of Mineral Resources Act 1989
[s 330]
Clause 330 Amendment of s 4A (Effect on development) 1
(1) Section 4A(2), from 'For' to 'applies to'-- 2
omit, insert-- 3
The Planning Act applies to development on 4
(2) Section 4A(3) and note-- 5
omit, insert-- 6
(3) The Planning Act applies to building work under 7
the Building Act 1975 that is authorised under 8
this Act, including under a mining tenement. 9
(4) However, the building work is taken to be 10
accepted development for the Planning Act to the 11
extent the building work-- 12
(a) would, other than for this subsection, be 13
assessable development under the Planning 14
Act; and 15
(b) complies with the relevant provisions for the 16
building work. 17
(5) In this section-- 18
relevant provisions, for building work, see the 19
Building Act 1975, section 21(5). 20
Clause 331 Amendment of s 4B (Notice to local government and 21
chief executive (planning) of particular mining 22
tenements) 23
Section 4B(4)(b), 'for administering IDAS for the Heritage Act, in 24
relation to'-- 25
omit, insert-- 26
development on 27
Clause 332 Amendment of sch 2 (Dictionary) 28
(1) Schedule 2, definitions IDAS, Planning Act and planning 29
scheme-- 30
Page 181
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 41 Amendment of Nature Conservation Act 1992
[s 333]
omit. 1
(2) Schedule 2-- 2
insert-- 3
Planning Act means the Planning Act 2015. 4
planning scheme means a planning scheme 5
under the Planning Act. 6
(3) Schedule 2, definition development, 'section 7'-- 7
omit, insert-- 8
schedule 2 9
Part 41 Amendment of Nature 10
Conservation Act 1992 11
Clause 333 Act amended 12
This part amends the Nature Conservation Act 1992. 13
Clause 334 Omission of s 106 (Orders prevail over planning 14
schemes) 15
Section 106-- 16
omit. 17
Clause 335 Omission of s 122 (Conservation plans and regulations 18
prevail over planning schemes) 19
Section 122-- 20
omit. 21
Clause 336 Amendment of schedule (Dictionary) 22
Schedule, definition planning scheme-- 23
Page 182
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 42 Amendment of Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
[s 337]
omit. 1
Part 42 Amendment of Neighbourhood 2
Disputes (Dividing Fences and 3
Trees) Act 2011 4
Clause 337 Act amended 5
This part amends the Neighbourhood Disputes (Dividing 6
Fences and Trees) Act 2011. 7
Clause 338 Amendment of schedule (Dictionary) 8
Schedule, definition development approval-- 9
omit, insert-- 10
development approval means a development 11
approval under the Planning Act 2015. 12
Part 43 Amendment of Nuclear 13
Facilities Prohibition Act 2007 14
Clause 339 Act amended 15
This part amends the Nuclear Facilities Prohibition Act 2007. 16
Clause 340 Amendment of s 8 (No development approval or mining 17
tenement for a nuclear facility) 18
Section 8(4), definition development approval, from 'or 19
compliance' to '2009'-- 20
omit, insert-- 21
Page 183
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 44 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 341]
under the Planning Act 2015 1
Clause 341 Insertion of new s 19A 2
Part 3, division 1-- 3
insert-- 4
19A How appeals under s 19 are started 5
(1) An appeal under section 19 is started by lodging 6
a written notice of appeal with the registrar of the 7
court. 8
(2) The notice of appeal must be in the approved 9
form and succinctly state the grounds of the 10
appeal. 11
Part 44 Amendment of Petroleum and 12
Gas (Production and Safety) 13
Act 2004 14
Clause 342 Act amended 15
This part amends the Petroleum and Gas (Production and 16
Safety) Act 2004. 17
Clause 343 Amendment of s 33 (Incidental activities) 18
Section 33(2)(a), note, 'Sustainable Planning Act 2009, chapter 19
6'-- 20
omit, insert-- 21
Planning Act 2015, chapter 3 22
Clause 344 Amendment of s 112 (Incidental activities) 23
Section 112(2), note-- 24
Page 184
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 45 Amendment of Plumbing and Drainage Act 2002
[s 345]
omit, insert-- 1
Note-- 2
For development generally, see the Planning Act 2015, chapter 3
3. 4
Clause 345 Amendment of s 403 (Incidental activities) 5
Section 403(4), note-- 6
omit, insert-- 7
Note-- 8
For development generally, see the Planning Act 2015, chapter 9
3. 10
Clause 346 Amendment of s 442 (Incidental activities) 11
Section 442(3), note-- 12
omit, insert-- 13
Note-- 14
For development generally, see the Planning Act 2015, chapter 15
3. 16
Part 45 Amendment of Plumbing and 17
Drainage Act 2002 18
Clause 347 Act amended 19
This part amends the Plumbing and Drainage Act 2002. 20
Clause 348 Amendment of s 85 (Process for assessing plans) 21
Section 85(10), note, from 'Sustainable Planning Act 2009'-- 22
omit, insert-- 23
Planning Act, chapter 6. 24
Page 185
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 45 Amendment of Plumbing and Drainage Act 2002
[s 349]
Clause 349 Amendment of s 86 (General process for assessing 1
compliance assessable work) 2
Section 86(12), note, from 'Sustainable Planning Act 2009'-- 3
omit, insert-- 4
Planning Act, chapter 6. 5
Clause 350 Amendment of s 86A (Process for assessing certain 6
compliance assessable work in remote areas) 7
Section 86A(8), note, from 'Sustainable Planning Act 2009'-- 8
omit, insert-- 9
Planning Act, chapter 6. 10
Clause 351 Amendment of s 95 (Information notice) 11
Section 95, note, from 'Sustainable Planning Act 2009'-- 12
omit, insert-- 13
Planning Act, chapter 6. 14
Clause 352 Amendment of s 114 (Functions and powers of 15
inspectors and relationship to the Local Government Act 16
2009 and City of Brisbane Act 2010) 17
Section 114(1)(b)-- 18
omit, insert-- 19
(b) the Planning Act; or 20
Clause 353 Amendment of s 118 (Relationship with Sustainable 21
Planning Act 2009) 22
(1) Section 118, heading, 'Sustainable Planning Act 2009'-- 23
omit, insert-- 24
Planning Act 25
(2) Section 118(1), 'Sustainable Planning Act 2009'-- 26
omit, insert-- 27
Page 186
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 45 Amendment of Plumbing and Drainage Act 2002
[s 354]
Planning Act 1
(3) Section 118(1), note-- 2
omit, insert-- 3
Note-- 4
See the Planning Act, section 167. 5
(4) Section 118(3), 'Sustainable Planning Act 2009, section 6
533(2)'-- 7
omit, insert-- 8
Planning Act, section 228(3) 9
Clause 354 Amendment of schedule (Dictionary) 10
(1) Schedule, definition building and development dispute 11
resolution committee-- 12
omit. 13
(2) Schedule-- 14
insert-- 15
Planning Act means the Planning Act 2015. 16
(3) Schedule, definition development approval, 'Sustainable 17
Planning Act 2009'-- 18
omit, insert-- 19
Planning Act 20
(4) Schedule, definition information notice, paragraph (b)(iii), 21
'building and development dispute resolution committee'-- 22
omit, insert-- 23
development tribunal under the 24
Planning Act 25
Page 187
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 46 Amendment of Private Health Facilities Act 1999
[s 355]
Part 46 Amendment of Private Health 1
Facilities Act 1999 2
Clause 355 Act amended 3
This part amends the Private Health Facilities Act 1999. 4
Clause 356 Amendment of s 62 (Meaning of prescribed alteration) 5
Section 62(2), from 'or compliance'-- 6
omit, insert-- 7
under the Planning Act 2015 is required. 8
Part 47 Amendment of Prostitution Act 9
1999 10
Clause 357 Act amended 11
This part amends the Prostitution Act 1999. 12
Clause 358 Amendment of s 15 (Consideration of application) 13
Section 15(2)-- 14
omit, insert-- 15
(2) However, the Authority is not obliged to consider 16
an application until a development approval has 17
been given for a material change of use of the 18
premises to which the application relates for a 19
brothel. 20
Clause 359 Replacement of s 62 (Definition for pt 4) 21
Section 62-- 22
Page 188
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 360]
omit, insert-- 1
62 Definitions for part 2
In this part-- 3
decision-maker means-- 4
(a) for a development application--the 5
assessment manager for the application; or 6
(b) for a change application--the responsible 7
entity under the Planning Act for the 8
application. 9
relevant application means-- 10
(a) a development application for a 11
development approval for a material change 12
of use of premises for a brothel; or 13
(b) a change application to change a 14
development approval that already approves 15
a material change of use of premises for a 16
brothel; or 17
(c) a change application to change a 18
development approval-- 19
(i) to approve a material change of use of 20
premises for a brothel; and 21
(ii) that does not already approve a 22
material change of use of premises for 23
a brothel. 24
Clause 360 Amendment of pt 4, div 2, hdg (Particular provisions 25
about development applications) 26
Part 4, division 2, heading, 'development'-- 27
omit, insert-- 28
relevant 29
Page 189
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 361]
Clause 361 Replacement of s 63B (Notification by assessment 1
manager of development application) 2
Section 63B-- 3
omit, insert-- 4
63B Notification by decision-maker of relevant 5
application 6
(1) Within 10 business days after receiving a relevant 7
application, the decision-maker must give the 8
Authority-- 9
(a) a copy of the application; and 10
(b) for an application other than a minor change 11
application--a written notice stating 12
whether the development the subject of the 13
application requires code assessment or 14
impact assessment under the Planning Act. 15
(2) Subsection (1) does not apply if the 16
decision-maker for the relevant application is the 17
Planning and Environment Court. 18
Clause 362 Amendment of pt 4, div 3, hdg (Review by QCAT) 19
Part 4, division 3, heading, editor's note before section 64A-- 20
omit. 21
Clause 363 Amendment of s 64A (Review of decisions about code 22
assessment) 23
(1) Section 64A(1) and (2)-- 24
omit, insert-- 25
(1) This section applies if a decision-maker decides a 26
relevant application, other than a minor change 27
application, requires code assessment under the 28
Planning Act. 29
(2) The applicant for the relevant application may 30
apply, as provided under the QCAT Act, to 31
Page 190
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 364]
QCAT for a review of any of the following 1
decisions of the decision-maker about the 2
application-- 3
(a) a decision that the application requires code 4
assessment under the Planning Act; 5
(b) if the relevant application is a development 6
application-- 7
(i) a refusal of all or part of the 8
application; or 9
(ii) a deemed refusal of the application; or 10
(iii) a provision of any development 11
approval given for the application; or 12
(iv) a decision to give a preliminary 13
approval even though the application 14
sought a development permit; 15
(c) if the relevant application is a change 16
application--a decision on the application, 17
including a deemed refusal of the 18
application. 19
(2) Section 64A(3), 'Integrated'-- 20
omit. 21
(3) Section 64A(3), note, 'assessment manager'-- 22
omit, insert-- 23
decision-maker 24
(4) Section 64A(5), 'Integrated Planning Act, section 4.1.21'-- 25
omit, insert-- 26
Planning and Environment Court Act 2015, 27
section 11 28
Clause 364 Amendment of s 64B (Review of decisions about impact 29
assessment) 30
(1) Section 64B(1) and (2)-- 31
Page 191
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 365]
omit, insert-- 1
(1) This section applies if a decision-maker decides a 2
relevant application, other than a minor change 3
application, requires impact assessment under the 4
Planning Act. 5
(2) The applicant for the relevant application may 6
apply, as provided under the QCAT Act, to 7
QCAT for a review of the decision-maker's 8
decision that the application requires impact 9
assessment. 10
(2) Section 64B(3), 'the acknowledgement notice.'-- 11
omit, insert-- 12
a notice by the decision-maker under the 13
development assessment rules under the Planning 14
Act accepting the application. 15
(3) Section 64B(3), note, 'assessment manager'-- 16
omit, insert-- 17
decision-maker 18
(4) Section 64B(5), 'Integrated Planning Act, section 4.1.21'-- 19
omit, insert-- 20
Planning and Environment Court Act 2015, 21
section 11 22
Clause 365 Amendment of s 64C (Procedures for review) 23
(1) Section 64C(1), from 'development application'-- 24
omit, insert-- 25
relevant application applies to QCAT for a review 26
of a decision of the decision-maker. 27
(2) Section 64C(2), (3) and (4), 'assessment manager'-- 28
omit, insert-- 29
decision-maker 30
Page 192
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 366]
Clause 366 Amendment of s 64D (No appeal from QCAT's decision 1
under the Integrated Planning Act) 2
(1) Section 64D, heading, 'Integrated'-- 3
omit. 4
(2) Section 64D(1), 'an assessment manager'-- 5
omit, insert-- 6
a decision-maker 7
(3) Section 64D(2), 'Integrated'-- 8
omit. 9
Clause 367 Amendment of s 66 (Declaration that premises are a 10
prohibited brothel) 11
Section 66(2)(b), after 'Planning Act'-- 12
insert-- 13
or the repealed Sustainable Planning Act 14
2009 15
Clause 368 Amendment of s 140 (Regulation-making power) 16
Section 140(2)(f)-- 17
omit, insert-- 18
(f) assessment benchmarks for the Planning 19
Act for the assessment under that Act of 20
assessable development that is a material 21
change of use of premises for a brothel, 22
other than an assessment carried out by the 23
chief executive of the department in which 24
that Act is administered; 25
Clause 369 Insertion of new pt 9, div 8 26
Part 9-- 27
insert-- 28
Page 193
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 369]
Division 8 Provisions for Planning 1
(Consequential) and Other 2
Legislation Amendment 3
Act 2015 4
164 Definitions for division 5
In this division-- 6
amending Act means the Planning 7
(Consequential) and Other Legislation 8
Amendment Act 2015. 9
former, in relation to a provision, means the 10
provision as in force immediately before the 11
provision was amended or repealed under the 12
amending Act. 13
165 Existing development application or request 14
to change a development approval 15
(1) This section applies to-- 16
(a) an existing development application for a 17
material change of use of premises for a 18
brothel; and 19
(b) an existing request to change a development 20
approval for a brothel. 21
(2) Former section 63B continues to apply in relation 22
to the application or request as if the amending 23
Act had not been enacted. 24
(3) In this section-- 25
existing development application means a 26
development application made under the repealed 27
Planning Act, to which the Planning Act, section 28
287 applies. 29
existing request to change a development 30
approval means a request to change a 31
development approval made under the repealed 32
Page 194
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 369]
Planning Act, to which the Planning Act, section 1
287 applies. 2
repealed Planning Act means the repealed 3
Sustainable Planning Act 2009. 4
166 Existing review or right to review by QCAT 5
(1) Subsection (2) applies if-- 6
(a) a person applied to QCAT for review of a 7
decision under former section 64A or 64B; 8
and 9
(b) QCAT had not made its decision on the 10
review before the commencement. 11
(2) QCAT must hear, or continue to hear, and decide 12
the review under the pre-amended Act as if the 13
amending Act had not been enacted. 14
(3) Subsection (4) applies if, before the 15
commencement-- 16
(a) a person could have applied to QCAT for 17
review of a decision under former section 18
64A or 64B; and 19
(b) the person had not applied to QCAT for the 20
review. 21
(4) The person may apply to QCAT for a review of 22
the decision, and QCAT must hear and decide the 23
review, under the pre-amended Act as if the 24
amending Act had not been enacted. 25
(5) In this section-- 26
pre-amended Act means this Act as in force 27
immediately before the commencement of the 28
amending Act. 29
Page 195
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 47 Amendment of Prostitution Act 1999
[s 370]
167 Existing declaration or temporary declaration 1
that premises are a prohibited brothel 2
(1) A declaration made under former section 66 and 3
in force immediately before the 4
commencement-- 5
(a) continues in force subject to section 66(5); 6
and 7
(b) is taken to have been made under section 66. 8
(2) A temporary declaration made under former 9
section 66A and in force immediately before the 10
commencement-- 11
(a) continues in force subject to section 66A(2); 12
and 13
(b) is taken to have been made under section 14
66A. 15
Clause 370 Amendment of sch 4 (Dictionary) 16
(1) Schedule 4, definitions assessment manager, development 17
application, IDAS and Planning Act-- 18
omit. 19
(2) Schedule 4-- 20
insert-- 21
assessment manager, for a development 22
application, means the person who is the 23
assessment manager under the Planning Act for 24
the application. 25
change application means a change application 26
under the Planning Act. 27
decision-maker, for part 4, see section 62. 28
development application means a development 29
application under the Planning Act. 30
Page 196
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 48 Amendment of Queensland Building and Construction Commission Act 1991
[s 371]
development approval means a development 1
approval under the Planning Act. 2
material change of use, of premises, see the 3
Planning Act, schedule 2. 4
minor change application means a change 5
application for a minor change to a development 6
approval, as defined in the Planning Act. 7
Planning Act means the Planning Act 2015. 8
relevant application, for part 4, see section 62. 9
Part 48 Amendment of Queensland 10
Building and Construction 11
Commission Act 1991 12
Clause 371 Act amended 13
This part amends the Queensland Building and Construction 14
Commission Act 1991. 15
Clause 372 Amendment of s 68E (Obligation of assessment manager 16
or compliance assessor in relation to insurance 17
premium) 18
(1) Section 68E, heading, 'or compliance assessor'-- 19
omit. 20
(2) Section 68E(1), from 'or compliance assessor must' to 21
'compliance permit'-- 22
omit, insert-- 23
must not, under the Planning Act, give a 24
development approval 25
(3) Section 68E(1)(a), 'or compliance assessor'-- 26
Page 197
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 48 Amendment of Queensland Building and Construction Commission Act 1991
[s 373]
omit. 1
(4) Section 68E(2)-- 2
omit. 3
Clause 373 Amendment of s 108 (Obligation of assessment manager) 4
Section 108(2)-- 5
omit. 6
Clause 374 Insertion of new sch 1, pt 12 7
Schedule 1-- 8
insert-- 9
Part 12 Transitional provision 10
for Planning 11
(Consequential) and 12
Other Legislation 13
Amendment Act 2015 14
69 Existing development applications and 15
requests for compliance assessment 16
(1) Former section 68E continues to apply in relation 17
to the following as if the amending Act had not 18
been enacted-- 19
(a) the giving of a development approval 20
mentioned in former section 68E(1) for an 21
existing development application; 22
(b) the giving of a compliance permit 23
mentioned in former section 68E(1) for an 24
existing request for compliance assessment. 25
(2) In this section-- 26
amending Act means the Planning 27
(Consequential) and Other Legislation 28
Amendment Act 2015. 29
Page 198
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 48 Amendment of Queensland Building and Construction Commission Act 1991
[s 375]
existing development application means a 1
development application made under the repealed 2
Planning Act, to which the Planning Act, section 3
287 applies. 4
existing request for compliance assessment 5
means a request for compliance assessment for 6
development made under the repealed Planning 7
Act, to which the Planning Act, section 287 8
applies. 9
former section 68E means section 68E as in 10
force immediately before the commencement. 11
repealed Planning Act means the repealed 12
Sustainable Planning Act 2009. 13
Clause 375 Amendment of sch 1B (Domestic building contracts) 14
Schedule 1B, section 1, definition development approval-- 15
omit. 16
Clause 376 Amendment of sch 2 (Dictionary) 17
(1) Schedule 2, definition development approval-- 18
omit. 19
(2) Schedule 2-- 20
insert-- 21
development approval means a development 22
approval under the Planning Act. 23
Planning Act means the Planning Act 2015. 24
(3) Schedule 2, definition assessment manager, 'Sustainable 25
Planning Act 2009, section 246(1)'-- 26
omit, insert-- 27
Planning Act, section 48(1) 28
Page 199
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 377]
Part 49 Amendment of Queensland 1
Heritage Act 1992 2
Clause 377 Act amended 3
This part amends the Queensland Heritage Act 1992. 4
Clause 378 Amendment of s 58 (Obligation to give notice about 5
proposed development) 6
Section 58(2) and (3)-- 7
omit, insert-- 8
(2) The owner must, at least 10 business days before 9
a prescribed application is made in relation to the 10
place, give the chief executive notice of the 11
application, if-- 12
(a) the owner is the applicant; or 13
(b) the application is supported by the written 14
consent of the owner. 15
Maximum penalty--100 penalty units. 16
(3) In this section-- 17
prescribed application means-- 18
(a) an application for a development approval; 19
or 20
(b) a change application other than a change 21
application for a minor change to a 22
development approval, as defined in the 23
Planning Act. 24
Clause 379 Amendment of s 59 (Obligation to give notice about 25
development approvals) 26
(1) Section 59(3)(b)-- 27
omit, insert-- 28
Page 200
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 380]
(b) when the owner made the application or was 1
given the notice, the owner knew or ought 2
reasonably to have known that a following 3
application (each a relevant application) in 4
relation to the place had been made but not 5
decided under the Planning Act-- 6
(i) an application for a development 7
approval; 8
(ii) a change application other than a 9
change application for a minor change 10
to a development approval, as defined 11
in the Planning Act. 12
(2) Section 59(4), 'application for the development approval'-- 13
omit, insert-- 14
relevant application 15
Clause 380 Replacement of pt 6, div 1, hdg (Assessing development 16
applications) 17
Part 6, division 1, heading-- 18
omit, insert-- 19
Division 1 Development on 20
Queensland heritage place 21
by State 22
Clause 381 Omission of ss 68-70 23
Sections 68 to 70-- 24
omit. 25
Clause 382 Amendment of s 77 (Purpose of div 3) 26
Section 77, from 'assessable'-- 27
omit, insert-- 28
Page 201
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 383]
categorised as assessable development under a regulation 1
made under the Planning Act. 2
Clause 383 Amendment of s 111 (Appeals about permit to enter 3
protected area) 4
Section 111(5)-- 5
omit, insert-- 6
(5) The Planning and Environment Court Act 2015, 7
part 5, division 1, with any changes the court 8
considers appropriate, applies to the appeal as if 9
the appeal were a Planning Act appeal under that 10
Act. 11
Clause 384 Amendment of s 112 (Local government to identify places 12
in planning scheme or local heritage register) 13
Section 112(2)-- 14
omit. 15
Clause 385 Amendment of s 112A (Chief executive may recommend 16
place becomes a local heritage place) 17
Section 112A(2), 'section 112(1)'-- 18
omit, insert-- 19
section 112 20
Clause 386 Replacement of pt 11, div 4 (Code for IDAS for local 21
heritage places on local heritage registers) 22
Part 11, division 4-- 23
omit, insert-- 24
Page 202
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 387]
Division 4 Assessing development 1
under Planning Act 2
121 Particular matters for assessing development 3
on a local heritage place on a local heritage 4
register 5
(1) This section applies to development on a local 6
heritage place on a local heritage register. 7
(2) A regulation may prescribe-- 8
(a) assessment benchmarks for the Planning 9
Act for the assessment of the development 10
under that Act, other than an assessment 11
carried out by the planning chief executive; 12
or 13
(b) for the Planning Act, the matters a referral 14
agency under that Act other than the 15
planning chief executive-- 16
(i) must or may assess a development 17
application for the development 18
against; or 19
(ii) must or may assess a development 20
application for the development having 21
regard to. 22
(3) In this section-- 23
planning chief executive means the chief 24
executive of the department in which the 25
Planning Act is administered. 26
Clause 387 Amendment of s 123 (Local heritage register may be 27
adopted in planning scheme) 28
Section 123(2)-- 29
omit. 30
Page 203
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 388]
Clause 388 Amendment of s 124 (Provision about entitlement to 1
claim compensation) 2
(1) Section 124(2)-- 3
omit, insert-- 4
(2) For the Planning Act, chapter 2, part 4, division 5
2, the entry of the place in the local heritage 6
register is taken to be an adverse planning change 7
to the local government's planning scheme. 8
(2) Section 124(3), 'section 704'-- 9
omit, insert-- 10
section 31 11
(3) Section 124(4)(c), 'chapter 9, part 3'-- 12
omit, insert-- 13
chapter 2, part 4, division 2 14
(4) Section 124(5), 'section 704'-- 15
omit, insert-- 16
section 31 17
Clause 389 Replacement of s 164 (Court process for appeal) 18
Section 164-- 19
omit, insert-- 20
164 Court process for appeal 21
The Planning and Environment Court Act 2015, part 22
5, division 1, with any changes the Planning and 23
Environment Court considers appropriate, applies to 24
an appeal under this part as if the appeal were a 25
Planning Act appeal under that Act. 26
Clause 390 Amendment of s 164B (Restoration orders) 27
Section 164B(7), definition offence, paragraph (b), 'section 578(1) 28
or 580'-- 29
Page 204
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 391]
omit, insert-- 1
section 162(1) or 163 2
Clause 391 Amendment of s 164C (Non-development orders) 3
Section 164C(10), definition offence, paragraph (b), 'section 578 4
or 580'-- 5
omit, insert-- 6
section 162(1) or 163 7
Clause 392 Amendment of s 164D (Education and public benefit 8
orders) 9
Section 164D(5), definitions education order and offence, 10
paragraph (b), 'section 578 or 580'-- 11
omit, insert-- 12
section 162(1) or 163 13
Clause 393 Amendment of s 198 (Local governments prescribed 14
under the pre-amended Act, s 112) 15
(1) Section 198(2), 'section 112(1)(a)'-- 16
omit, insert-- 17
section 112(a) 18
(2) Section 198(2)(b)-- 19
omit, insert-- 20
(b) the local government reviews its planning 21
scheme under the Planning Act; 22
(c) the local government makes a new planning 23
scheme under the Planning Act. 24
Page 205
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 394]
Clause 394 Amendment of s 199 (Non-application of particular 1
provisions to local governments) 2
Section 199(1)(a) and (b), 'section 112(1)(a)'-- 3
omit, insert-- 4
section 112(a) 5
Clause 395 Insertion of new pt 15, div 5 6
Part 15-- 7
insert-- 8
Division 5 Transitional provisions for 9
Planning (Consequential) 10
and Other Legislation 11
Amendment Act 2015 12
200 Definitions for division 13
In this division-- 14
amending Act means the Planning 15
(Consequential) and Other Legislation 16
Amendment Act 2015. 17
former, in relation to a provision, means the 18
provision as in force immediately before the 19
provision was amended or repealed under the 20
amending Act. 21
repealed Planning Act means the repealed 22
Sustainable Planning Act 2009. 23
201 Existing particular development applications 24
(1) Subsection (2) applies to an existing application 25
for a development approval mentioned in former 26
section 59(3)(b). 27
(2) Former section 59 continues to apply in relation 28
to the application as if the amending Act had not 29
been enacted. 30
Page 206
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 395]
(3) Subsection (4) applies to an existing development 1
application mentioned in former section 68(1). 2
(4) Former section 68 continues to apply in relation 3
to the application as if the amending Act had not 4
been enacted. 5
(5) Subsection (6) applies to an existing development 6
application mentioned in former section 69(1). 7
(6) Former section 69 continues to apply in relation 8
to the application as if the amending Act had not 9
been enacted. 10
(7) Subsection (8) applies to an existing development 11
application mentioned in former section 70. 12
(8) Former section 70 continues to apply in relation 13
to the application as if the amending Act had not 14
been enacted. 15
(9) In this section-- 16
existing application for a development approval 17
or existing development application means a 18
development application made under the repealed 19
Planning Act, to which the Planning Act, section 20
287 applies. 21
202 Existing appeals 22
(1) This section applies if-- 23
(a) a person started an appeal to the Planning 24
and Environment Court under former 25
section 111 or former part 13 about a matter; 26
and 27
(b) the appeal had not been decided before the 28
commencement. 29
(2) The Planning and Environment Court must hear, 30
or continue to hear, and decide the appeal under 31
former section 111 or former part 13 as if the 32
Page 207
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 395]
amending Act had not been enacted and the 1
repealed Planning Act had not been repealed. 2
203 Entries in local government's local heritage 3
register made before commencement 4
(1) This section applies if a place was entered in a 5
local government's local heritage register before 6
the commencement. 7
(2) Former section 124 and the repealed Planning 8
Act continue to apply in relation to the entry as if 9
the amending Act had not been enacted and the 10
repealed Planning Act had not been repealed. 11
(3) If a person claims, or claimed, compensation 12
under the repealed Planning Act in relation to the 13
entry, a claim for compensation can not be made 14
in relation to the entry under the Planning Act. 15
204 Court's power to make particular restoration 16
orders, and their enforcement 17
(1) This section applies if, before or after the 18
commencement, a person is convicted of an 19
offence against the repealed Planning Act, 20
section 578(1) or 580 in relation to development 21
on a Queensland heritage place. 22
(2) Former section 164B applies or continues to 23
apply in relation to the offence as if the amending 24
Act had not been enacted. 25
205 Court's power to make particular 26
non-development orders, and their 27
enforcement 28
(1) This section applies if, before or after the 29
commencement-- 30
Page 208
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 49 Amendment of Queensland Heritage Act 1992
[s 396]
(a) the owner of a Queensland heritage place is 1
convicted of an offence against the repealed 2
Planning Act, section 578(1) or 580; and 3
(b) the offence involves the destruction of, or 4
damage to, a Queensland heritage place. 5
(2) Former section 164C applies or continues to 6
apply in relation to the offence as if the amending 7
Act had not been enacted. 8
206 Court's power to make particular education 9
and public benefit orders 10
(1) This section applies if, before or after the 11
commencement, a person is convicted of an 12
offence against the repealed Planning Act, 13
section 578 or 580 in relation to development on 14
a Queensland heritage place. 15
(2) Former section 164D applies or continues to 16
apply in relation to the offence as if the amending 17
Act had not been enacted. 18
Clause 396 Amendment of schedule (Dictionary) 19
(1) Schedule, definitions Planning Act, Planning and 20
Environment Court and planning scheme-- 21
omit. 22
(2) Schedule-- 23
insert-- 24
change application means a change application 25
under the Planning Act. 26
Planning Act means the Planning Act 2015. 27
planning scheme means a planning scheme 28
under the Planning Act. 29
(3) Schedule, definition local heritage register, 'section 30
112(1)(b)'-- 31
Page 209
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 397]
omit, insert-- 1
section 112(b) 2
Part 50 Amendment of Queensland 3
Reconstruction Authority Act 4
2011 5
Clause 397 Act amended 6
This part amends the Queensland Reconstruction Authority 7
Act 2011. 8
Clause 398 Amendment of s 47 (Definitions for pt 5) 9
(1) Section 47, definition decision-maker, paragraph (b), 10
examples-- 11
omit, insert-- 12
Example of a decision-maker for paragraph (b)-- 13
a referral agency 14
(2) Section 47, definition prescribed process, 'in a stage of 15
IDAS'-- 16
omit, insert-- 17
under the development assessment process under 18
the Planning Act 19
(3) Section 47, definition prescribed process, example-- 20
omit. 21
Clause 399 Amendment of s 49 (Progression notice) 22
Section 49(2)(a)-- 23
omit, insert-- 24
Page 210
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 400]
(a) identify the process; and 1
Clause 400 Amendment of s 50 (Notice to decide) 2
(1) Section 50(7)-- 3
omit, insert-- 4
(7) If the prescribed decision relates to an application 5
for a development approval, or a change 6
application other than a minor change 7
application, the notice to decide may be given to 8
the decision-maker only after the 9
decision-making period for the application starts. 10
(2) Section 50-- 11
insert-- 12
(10) In this section-- 13
decision-making period means-- 14
(a) for an application for a development 15
approval--the period, or extended period, 16
allowed under the development assessment 17
rules under the Planning Act for the 18
assessment manager to decide the 19
application; or 20
(b) for a change application--the period, or 21
extended period, allowed under the 22
development assessment rules under the 23
Planning Act for the responsible entity to 24
decide the application. 25
Clause 401 Amendment of s 53 (Providing assistance or 26
recommendations) 27
Section 53(3), from 'for infrastructure'-- 28
omit, insert-- 29
about infrastructure. 30
Page 211
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 402]
Clause 402 Amendment of s 54 (Effects of step-in notice) 1
(1) Section 54(1)(d)-- 2
omit, insert-- 3
(d) if the prescribed decision or process relates 4
to an application for a development approval 5
or a change application, other than a minor 6
change application-- 7
(i) the assessment manager or responsible 8
entity for the application is taken, for 9
the Planning Act, to be a referral 10
agency for the application; and 11
(ii) the functions and powers of a referral 12
agency for the application (including a 13
referral agency mentioned in 14
subparagraph (i)) is, for the Planning 15
Act, limited to the power to only give 16
advice; and 17
(2) Section 54(2), definition advice agency-- 18
omit. 19
Clause 403 Amendment of s 55 (Authority's decision) 20
(1) Section 55(4)-- 21
omit. 22
(2) Section 55(7), 'subsection (5)'-- 23
omit, insert-- 24
subsection (4) 25
(3) Section 55(5) to (8)-- 26
renumber as section 55(4) to (7). 27
Clause 404 Amendment of s 56 (Effects of decision) 28
Section 56(1)(b), 'section 57'-- 29
Page 212
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 405]
omit, insert-- 1
section 57(1) 2
Clause 405 Amendment of s 57 (Notice of decision) 3
(1) Section 57-- 4
insert-- 5
(1A) The authority must also give notice of its decision 6
under section 55 about the prescribed decision to 7
the local government for the land to which the 8
prescribed decision relates if-- 9
(a) the prescribed decision is a decision on an 10
application for a development approval or a 11
change application; and 12
(b) the local government is not the 13
decision-maker for the prescribed decision. 14
(2) Section 57(2), 'The notice must include--' 15
omit, insert-- 16
A notice under this section must include-- 17
(3) Section 57(1A) and (2)-- 18
renumber as section 57(2) and (3). 19
Clause 406 Amendment of s 58 (Report about decision) 20
(1) Section 58(2)(b), 'section 55(5)'-- 21
omit, insert-- 22
section 55(4) 23
(2) Section 58(2)(c) and (3), 'section 57'-- 24
omit, insert-- 25
section 57(1) 26
Page 213
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 407]
Clause 407 Amendment of s 63 (Content of development scheme) 1
(1) Section 63(3)(b) to (e)-- 2
omit, insert-- 3
(b) categorise development for the project or in 4
the area to be accepted development, 5
assessable development or prohibited 6
development for the Planning Act; or 7
(c) state whether development categorised as 8
assessable development by the plan requires 9
code assessment or impact assessment under 10
the Planning Act; or 11
(d) state assessment benchmarks for the 12
Planning Act that assessable development 13
under the plan must be assessed against; or 14
(e) state whether particular development for the 15
project or in the area is consistent or 16
inconsistent with the plan. 17
(2) Section 63(4)(b)-- 18
omit, insert-- 19
(b) assessment benchmarks prescribed by a 20
regulation made under the Planning Act; 21
(c) assessment benchmarks made under another 22
Act for the Planning Act. 23
Clause 408 Amendment of s 64 (Development scheme may make 24
provision for particular assessable development) 25
(1) Section 64(1)-- 26
omit, insert-- 27
(1) A development scheme may provide that 28
development categorised as assessable 29
development under a regulation made under the 30
Planning Act is not assessable development for a 31
declared project or a part of a reconstruction area. 32
Page 214
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 409]
(2) Section 64(2), from 'reconstruction area,'-- 1
omit, insert-- 2
a part of a reconstruction area, the development is 3
not assessable development under the Planning 4
Act for the declared project or part. 5
(3) Section 64(3) and (4), after 'development application'-- 6
insert-- 7
or change application 8
(4) Section 64(4), 'Sustainable'-- 9
omit. 10
Clause 409 Amendment of s 78 (Relationship with other instruments) 11
Section 78(1)(b)-- 12
omit, insert-- 13
(b) assessment benchmarks prescribed by a 14
regulation made under the Planning Act; 15
(c) assessment benchmarks made under another 16
Act for the Planning Act. 17
Clause 410 Amendment of pt 6, div 4, hdg (Relationship with 18
Sustainable Planning Act) 19
Part 6, division 4, heading, 'Sustainable'-- 20
omit. 21
Clause 411 Amendment of s 79 (Application of sdivs 2 and 3) 22
Section 79, from 'a development application'-- 23
omit, insert-- 24
the following applications (each a relevant 25
application)-- 26
Page 215
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 412]
(a) a development application for development 1
in the area (the scheme area) to which a 2
development scheme for a declared project 3
or a reconstruction area, or part of a 4
reconstruction area, applies; 5
(b) a change application to change a 6
development approval that approves 7
particular development in the scheme area; 8
(c) a change application to change a 9
development approval-- 10
(i) to approve development in the scheme 11
area; and 12
(ii) that does not already approve particular 13
development in the scheme area. 14
Clause 412 Replacement of pt 6, div 4, sdivs 2 and 3 15
Part 6, division 4, subdivisions 2 and 3-- 16
omit, insert-- 17
Subdivision 2 Assessing relevant 18
applications 19
80 Assessment of development applications 20
(1) This section applies to a relevant application that 21
is a development application. 22
(2) A referral agency for the application must assess 23
the application having regard to the development 24
scheme. 25
(3) The assessment manager for the application must 26
assess the application against the matters stated 27
in the development scheme as assessment 28
benchmarks for the Planning Act for the 29
application. 30
(4) This section does not limit the Planning Act, 31
sections 45, 55, 60 and 61. 32
Page 216
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 412]
(5) In this section, a reference to the development 1
scheme is a reference to the development scheme 2
in effect when the application was properly made 3
under the Planning Act. 4
(6) However, an entity mentioned in subsection (2) 5
or (3) may give the weight that the entity 6
considers is appropriate, in the circumstances, to 7
any amendment or replacement of the 8
development scheme that came into effect after 9
the application was properly made under the 10
Planning Act. 11
81 Assessment of change applications 12
(1) This section applies to a relevant application that 13
is a change application. 14
(2) The responsible entity for the application must 15
assess the application against the development 16
scheme. 17
(3) This section does not limit the Planning Act, 18
sections 81 and 82. 19
(4) In this section, a reference to the development 20
scheme is a reference to the development scheme 21
in effect when the application was made. 22
(5) However, the responsible entity for the 23
application may give the weight the entity 24
considers is appropriate, in the circumstances, to 25
any amendment or replacement of the 26
development scheme that came into effect after 27
the application was made. 28
Page 217
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 413]
Subdivision 3 Deciding relevant 1
applications 2
82 Restriction on approving relevant application 3
(1) A relevant application must not be approved 4
under the Planning Act to the extent the 5
development the subject of the application is 6
inconsistent with the land use plan for the 7
development scheme, unless-- 8
(a) a preliminary approval under the Planning 9
Act is in force for the land on which the 10
development is to be carried out; and 11
(b) the development is consistent with the 12
preliminary approval. 13
(2) To remove any doubt, it is declared that 14
subsection (1) does not require the application to 15
be approved under the Planning Act only because 16
subsection (1)(a) and (b) applies. 17
Clause 413 Omission of pt 6, div 4, sdiv 4 (Compliance stage under 18
IDAS) 19
Part 6, division 4, subdivision 4-- 20
omit. 21
Clause 414 Amendment of s 89 (Lawful use of premises protected) 22
(1) Section 89(3), definition lawful use, paragraph (b), 23
'Sustainable Planning Act'-- 24
omit, insert-- 25
Planning Act, the repealed Sustainable 26
Planning Act 2009 or the repealed 27
Integrated Planning Act 1997 28
(2) Section 89(3), definition material change of use-- 29
omit, insert-- 30
Page 218
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 415]
material change of use, of premises, see the 1
Planning Act, schedule 2. 2
Clause 415 Amendment of s 91 (New instruments can not affect 3
existing development approval or compliance permit) 4
(1) Section 91, heading, and subsection (1)(a), 'or compliance 5
permit'-- 6
omit. 7
(2) Section 91(1)(b) and (2), 'or permit'-- 8
omit. 9
Clause 416 Amendment of s 92 (Minister's power to amend 10
development approval or compliance permit) 11
(1) Section 92, heading, 'or compliance permit'-- 12
omit. 13
(2) Section 92(2), 'Sustainable'-- 14
omit. 15
(3) Section 92(3), from 'keep'-- 16
omit, insert-- 17
comply with the requirements under the Planning 18
Act about giving public access to development 19
approvals, as if the notice were a development 20
approval. 21
(4) Section 92(5) to (8)-- 22
omit. 23
(5) Section 92(10), definition existing, from 'or a compliance 24
permit' to 'or compliance permit'-- 25
omit, insert-- 26
, means a development approval 27
(6) Section 92(9) and (10)-- 28
Page 219
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 417]
renumber as section 92(5) and (6). 1
Clause 417 Replacement of pt 6, div 4, sdiv 6 (Community 2
infrastructure designations) 3
Part 6, division 4, subdivision 6-- 4
omit, insert-- 5
Subdivision 6 Designations of premises 6
under Planning Act for 7
development of 8
infrastructure 9
93 Designation of premises--development 10
scheme 11
(1) To remove any doubt, it is declared that-- 12
(a) the planning Minister or a local government 13
may make a designation under the Planning 14
Act, chapter 2, part 5 of premises in, or 15
partly in, the area to which a development 16
scheme applies; and 17
(b) a designation of premises under the 18
Planning Act that is in force immediately 19
before a development scheme takes effect 20
for all or part of the premises continues in 21
force despite the development scheme 22
taking effect. 23
(2) Development carried out on premises that are 24
subject to a designation under the Planning Act is 25
accepted development to the extent the 26
development-- 27
(a) is carried out under the designation; and 28
(b) would, other than for this subsection, be 29
assessable development under a 30
development scheme. 31
Page 220
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 418]
(3) Subsection (2) does not limit the Planning Act, 1
section 44(6)(b). 2
(4) In this section-- 3
planning Minister means the Minister 4
administering the Planning Act. 5
Clause 418 Amendment of s 95 (Planning and Environment Court 6
may make declarations) 7
Section 95(3)-- 8
omit. 9
Clause 419 Amendment of s 110 (Application of Sustainable 10
Planning Act) 11
(1) Section 110, heading, 'Sustainable'-- 12
omit. 13
(2) Section 110, 'Sustainable Planning Act, section 14(1)'-- 14
omit, insert-- 15
Planning Act, section 7(1) 16
Clause 420 Amendment of s 112 (Power of Minister to direct local 17
government to take particular action about local planning 18
instrument) 19
(1) Section 112(2)(c), example-- 20
omit. 21
(2) Section 112(4)(c), after 'make'-- 22
insert-- 23
, amend 24
(3) Section 112(5)-- 25
omit, insert-- 26
(5) In this section-- 27
Page 221
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 421]
planning scheme means a planning scheme 1
under the Planning Act. 2
planning scheme policy means a planning 3
scheme policy under the Planning Act. 4
temporary local planning instrument means a 5
temporary local planning instrument under the 6
Planning Act. 7
Clause 421 Amendment of s 114 (Minister to give notice of direction) 8
Section 114, 'Sustainable'-- 9
omit. 10
Clause 422 Insertion of new pt 11 11
After part 10-- 12
insert-- 13
Part 11 Transitional provisions 14
for Planning 15
(Consequential) and 16
Other Legislation 17
Amendment Act 2015 18
139 Definitions for part 19
In this part-- 20
amending Act means the Planning 21
(Consequential) and Other Legislation 22
Amendment Act 2015. 23
former, in relation to a provision, means the 24
provision as in force immediately before the 25
provision was amended or repealed under the 26
amending Act. 27
repealed Planning Act means the repealed 28
Sustainable Planning Act 2009. 29
Page 222
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 422]
140 Existing particular development applications 1
(1) This section applies to an existing development 2
application mentioned in former section 79. 3
(2) The pre-amended Act continues to apply in 4
relation to the application as if the amending Act 5
had not been enacted. 6
(3) In this section-- 7
existing development application means a 8
development application made under the repealed 9
Planning Act, to which the Planning Act, section 10
287 applies. 11
pre-amended Act means this Act as in force 12
immediately before the commencement. 13
141 Existing particular requests for compliance 14
assessment 15
(1) Subsection (2) applies to an existing request for 16
compliance assessment of development 17
mentioned in former section 84(a). 18
(2) Former section 87 continues to apply for 19
assessing the development as if the amending Act 20
had not been enacted. 21
(3) Subsection (4) applies to an existing request for 22
compliance assessment of a document or work 23
mentioned in former section 84(b). 24
(4) Former sections 86 and 87 continue to apply for 25
assessing the document or work as if the 26
amending Act had not been enacted. 27
(5) In this section-- 28
existing request for compliance assessment 29
means a request for compliance assessment made 30
under the repealed Planning Act, to which the 31
Planning Act, section 287 applies. 32
Page 223
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 50 Amendment of Queensland Reconstruction Authority Act 2011
[s 423]
Clause 423 Amendment of schedule (Dictionary) 1
(1) Schedule, definitions community infrastructure designation, 2
compliance permit, concurrence agency, IDAS, local planning 3
instrument, planning instrument and Sustainable Planning 4
Act-- 5
omit. 6
(2) Schedule-- 7
insert-- 8
accepted development see the Planning Act, 9
section 44(4). 10
assessable development see the Planning Act, 11
section 44(3). 12
assessment benchmarks see the Planning Act, 13
section 43(1)(c). 14
change application means a change application 15
under the Planning Act. 16
local planning instrument means a local 17
planning instrument under the Planning Act. 18
minor change application means a change 19
application for a minor change to a development 20
approval, as defined in the Planning Act. 21
Planning Act means the Planning Act 2015. 22
planning instrument means a planning 23
instrument under the Planning Act. 24
relevant application, for part 6, division 4, 25
subdivisions 2 and 3, see section 79. 26
responsible entity, for a change application, 27
means the responsible entity for the application 28
under the Planning Act. 29
(3) Schedule, definition assessment manager, 'Sustainable 30
Planning Act, section 246(1)'-- 31
omit, insert-- 32
Page 224
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 51 Amendment of Regional Planning Interests Act 2014
[s 424]
Planning Act, section 48(1) 1
(4) Schedule, definition community infrastructure, paragraphs (a) 2
and (b)-- 3
omit, insert-- 4
(a) infrastructure of a type prescribed by 5
regulation under the Planning Act, section 6
35(1); and 7
(b) other infrastructure prescribed by 8
regulation. 9
(5) Schedule, definitions development, development application 10
and development approval, 'Sustainable'-- 11
omit. 12
(6) Schedule, definition infrastructure, 'Sustainable Planning 13
Act, schedule 3'-- 14
omit, insert-- 15
Planning Act, schedule 2 16
(7) Schedule, definition referral agency, 'Sustainable Planning 17
Act, section 252'-- 18
omit, insert-- 19
Planning Act, section 54(2) 20
Part 51 Amendment of Regional 21
Planning Interests Act 2014 22
Clause 424 Act amended 23
This part amends the Regional Planning Interests Act 2014. 24
Page 225
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 51 Amendment of Regional Planning Interests Act 2014
[s 425]
Clause 425 Amendment of s 5 (Relationship with resource Acts and 1
Environmental Protection Act) 2
Section 5(1), 'Sustainable Planning Act 2009'-- 3
omit, insert-- 4
Planning Act 5
Clause 426 Amendment of s 25 (Exemption--pre-existing regulated 6
activity) 7
Section 25(1), after 'under the'-- 8
insert-- 9
Planning Act or the repealed 10
Clause 427 Amendment of s 71 (Definitions for pt 5) 11
Section 71, definition court, 'under the Sustainable Planning Act 12
2009'-- 13
omit. 14
Clause 428 Amendment of s 72 (Appeal to Planning and Environment 15
Court) 16
Section 72, note-- 17
omit, insert-- 18
Note-- 19
See the Planning and Environment Court Act 2015 for 20
provisions about the powers, processes and procedures of 21
the court. 22
Clause 429 Insertion of new s 73A 23
After section 73-- 24
insert-- 25
Page 226
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 51 Amendment of Regional Planning Interests Act 2014
[s 430]
73A How appeals are started 1
(1) An appeal is started by lodging a written notice 2
of appeal with the registrar of the court. 3
(2) The notice of appeal must be in the approved 4
form and succinctly state the grounds of the 5
appeal. 6
Clause 430 Insertion of new s 77A 7
After section 77-- 8
insert-- 9
77A Appeal decision 10
(1) In deciding an appeal, the court must decide (the 11
appeal decision) to do 1 of the following for the 12
regional interests decision appealed against-- 13
(a) confirm it; 14
(b) change it; 15
(c) set it aside and-- 16
(i) make a decision replacing it; or 17
(ii) return the matter to the entity that made 18
the decision appealed against with 19
directions the court considers 20
appropriate. 21
(2) The appeal decision may also include other 22
orders, declarations or directions the court 23
considers appropriate. 24
(3) The appeal decision, other than to the extent it is 25
an excluded decision, is taken, for this Act (other 26
than this part), to have been made by the entity 27
that made the decision appealed against. 28
(4) An excluded decision is a decision-- 29
(a) to confirm the decision appealed against; or 30
Page 227
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 51 Amendment of Regional Planning Interests Act 2014
[s 431]
(b) to return the matter as mentioned in 1
subsection (1)(c)(ii). 2
Clause 431 Amendment of s 78 (Declarations) 3
Section 78(2)-- 4
omit, insert-- 5
(2) The court may also make an order about any 6
declaration it makes under subsection (1). 7
Clause 432 Replacement of pt 9 (Transitional regulation-making 8
power) 9
Part 9-- 10
omit, insert-- 11
Part 9 Transitional provision 12
for Planning 13
(Consequential) and 14
Other Legislation 15
Amendment Act 2015 16
108 Existing appeals 17
(1) This section applies if-- 18
(a) a person started an appeal to the Planning 19
and Environment Court under former part 5 20
before the commencement; and 21
(b) the appeal had not been decided before the 22
commencement. 23
(2) The Planning and Environment Court must hear, 24
or continue to hear, the appeal under former part 25
5 as if the amending Act had not been enacted. 26
(3) In this section-- 27
Page 228
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 52 Amendment of Residential Services (Accreditation) Act 2002
[s 433]
amending Act means the Planning 1
(Consequential) and Other Legislation 2
Amendment Act 2015. 3
former part 5 means part 5 as in force 4
immediately before the commencement. 5
Clause 433 Amendment of sch 1 (Dictionary) 6
(1) Schedule 1, definition regional plan-- 7
omit. 8
(2) Schedule 1-- 9
insert-- 10
Planning Act means the Planning Act 2015. 11
regional plan means a regional plan under the 12
Planning Act. 13
(3) Schedule 1, definition road, 'Sustainable Planning Act 2009, 14
schedule 3'-- 15
omit, insert-- 16
Planning Act, schedule 2 17
Part 52 Amendment of Residential 18
Services (Accreditation) Act 19
2002 20
Clause 434 Act amended 21
This part amends the Residential Services (Accreditation) Act 22
2002. 23
Page 229
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 52 Amendment of Residential Services (Accreditation) Act 2002
[s 435]
Clause 435 Amendment of s 29 (Notice of compliance with 1
prescribed building requirements) 2
Section 29(4)(b), from 'building'-- 3
omit, insert-- 4
development tribunal under the Planning 5
Act; and 6
Clause 436 Amendment of s 30 (Appeal) 7
Section 30(2), from 'building'-- 8
omit, insert-- 9
development tribunal under the Planning Act. 10
Clause 437 Amendment of s 31 (Decision on appeal) 11
(1) Section 31(1), 'building and development dispute resolution 12
committee'-- 13
omit, insert-- 14
development tribunal under the Planning Act 15
(2) Section 31(2), 'committee's'-- 16
omit, insert-- 17
tribunal's 18
Clause 438 Amendment of s 33 (Prescribed fire safety document) 19
(1) Section 33(2)(b)-- 20
omit, insert-- 21
(b) either of the following applications has been 22
made-- 23
(i) a development application for a 24
development approval for the building; 25
Page 230
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 52 Amendment of Residential Services (Accreditation) Act 2002
[s 439]
(ii) a change application to change a 1
development approval for the building; 2
and 3
(2) Section 33(2A)-- 4
omit. 5
(3) Section 33(3), 'or (2A)'-- 6
omit. 7
(4) Section 33-- 8
insert-- 9
(4) In this section-- 10
change application means a change application 11
under the Planning Act. 12
development application means a development 13
application under the Planning Act, the repealed 14
Sustainable Planning Act 2009 or the repealed 15
Integrated Planning Act 1997. 16
development approval means a development 17
approval under the Planning Act. 18
Clause 439 Insertion of new pt 15 19
After section 203-- 20
insert-- 21
Part 15 Transitional provision 22
for Planning 23
(Consequential) and 24
Other Legislation 25
Amendment Act 2015 26
204 Appeals and particular rights to appeal to a 27
building and development dispute resolution 28
committee 29
(1) Subsections (2) to (4) apply if-- 30
Page 231
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 52 Amendment of Residential Services (Accreditation) Act 2002
[s 439]
(a) a person started an appeal under former 1
section 30 about a matter to a building and 2
development dispute resolution committee 3
under the repealed Planning Act; and 4
(b) the appeal had not been decided before the 5
repealed Planning Act was repealed. 6
(2) If, before the repealed Planning Act was 7
repealed, a building and development dispute 8
resolution committee had been established under 9
the repealed Planning Act for the appeal 10
proceeding-- 11
(a) former sections 30 to 32 and the repealed 12
Planning Act continue to apply in relation to 13
the appeal; and 14
(b) the committee's decision on the appeal is 15
taken to be a decision of a development 16
tribunal under the Planning Act. 17
(3) Subsection (4) applies if a building and 18
development dispute resolution committee had 19
not been established under the repealed Planning 20
Act for the appeal proceeding before the repealed 21
Planning Act was repealed. 22
(4) Sections 30 to 32 and the Planning Act apply in 23
relation to the appeal, as if the person had started 24
an appeal under section 30 to a development 25
tribunal under the Planning Act about the matter. 26
(5) Subsections (6) and (7) apply if-- 27
(a) immediately before the commencement, a 28
person had a right to appeal under former 29
section 30 to a building and development 30
dispute resolution committee about a matter; 31
and 32
(b) the person had not, before the 33
commencement, started an appeal under 34
former section 30 to a building and 35
Page 232
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 53 Amendment of Sanctuary Cove Resort Act 1985
[s 440]
development dispute resolution committee 1
in exercise of the right. 2
(6) The person may, under section 30, appeal to a 3
development tribunal under the Planning Act 4
about the matter. 5
(7) Sections 30 to 32 and the Planning Act apply in 6
relation to the appeal. 7
(8) In this section-- 8
former, in relation to a provision, means the 9
provision as in force immediately before the 10
provision was amended or repealed under the 11
Planning (Consequential) and Other Legislation 12
Amendment Act 2015. 13
repealed Planning Act means the repealed 14
Sustainable Planning Act 2009. 15
Clause 440 Amendment of sch 2 (Dictionary) 16
(1) Schedule 2, definitions development application and 17
development approval-- 18
omit. 19
(2) Schedule 2-- 20
insert-- 21
Planning Act means the Planning Act 2015. 22
Part 53 Amendment of Sanctuary Cove 23
Resort Act 1985 24
Clause 441 Act amended 25
This part amends the Sanctuary Cove Resort Act 1985. 26
Page 233
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 54 Amendment of South Bank Corporation Act 1989
[s 442]
Clause 442 Amendment of ss 9, 12E and 103 1
Sections 9(1) and (3), 12E(1) and (3) and 103(2), 'Integrated'-- 2
omit. 3
Clause 443 Amendment of sch 9 (Dictionary) 4
(1) Schedule 9, definition Integrated Planning Act-- 5
omit. 6
(2) Schedule 9-- 7
insert-- 8
Planning Act means the Planning Act 2015. 9
Part 54 Amendment of South Bank 10
Corporation Act 1989 11
Clause 444 Act amended 12
This part amends the South Bank Corporation Act 1989. 13
Clause 445 Amendment of s 3 (Definitions) 14
(1) Section 3, definitions planning scheme and Sustainable 15
Planning Act-- 16
omit. 17
(2) Section 3-- 18
insert-- 19
Planning Act means the Planning Act 2015. 20
planning scheme means a planning scheme 21
under the Planning Act. 22
relevant application see section 77(1). 23
Page 234
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 54 Amendment of South Bank Corporation Act 1989
[s 446]
(3) Section 3, definition operational work, 'Sustainable Planning 1
Act, section 10(1)'-- 2
omit, insert-- 3
Planning Act, schedule 2 4
Clause 446 Amendment of s 4 (Meaning of assessable development) 5
Section 4(b)-- 6
omit, insert-- 7
(b) development categorised as assessable 8
development or accepted development by a 9
regulation made under the Planning Act. 10
Clause 447 Amendment of pt 7, div 5, hdg (Relationship with the 11
Sustainable Planning Act until the development 12
completion date) 13
Part 7, division 5, heading, 'Sustainable Planning Act'-- 14
omit, insert-- 15
Planning Act and Planning and Environment 16
Court Act 2015 17
Clause 448 Replacement of ss 77 and 78 18
Sections 77 and 78-- 19
omit, insert-- 20
77 Application of division 21
(1) This division applies to the following 22
applications (each a relevant application)-- 23
(a) a development application under the 24
Planning Act for which the corporation is a 25
referral agency under that Act; 26
(b) a change application under the Planning Act 27
for which the corporation is a referral 28
agency under that Act. 29
Page 235
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 54 Amendment of South Bank Corporation Act 1989
[s 449]
(2) However, this division applies only until the end 1
of the development completion date. 2
(3) In this section-- 3
change application does not include a change 4
application for a minor change to a development 5
approval, as defined in the Planning Act. 6
78 Modified application of the Planning 7
Act--appeals and prohibited development 8
conditions 9
(1) Despite the Planning Act, section 228, the 10
applicant for the relevant application can not 11
appeal against the corporation's referral agency's 12
response under the Planning Act for the 13
application. 14
(2) The Planning Act, section 66 does not apply to a 15
condition the corporation directs the assessment 16
manager for the relevant application to impose on 17
any development approval given under the 18
Planning Act for the application. 19
78A Modified application of Planning and 20
Environment Court Act 2015--particular 21
declarations 22
The Planning and Environment Court Act 2015, 23
section 11 does not apply in relation to the relevant 24
application to the extent a declaration is sought about 25
a matter done, to be done or that should have been 26
done, by the corporation in relation to the application. 27
Clause 449 Amendment of pt 7, div 6, hdg (Relationship with the 28
Sustainable Planning Act on development completion 29
date) 30
Part 7, division 6, heading, 'Sustainable'-- 31
omit. 32
Page 236
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 54 Amendment of South Bank Corporation Act 1989
[s 450]
Clause 450 Amendment of s 79 (Effect of development completion 1
date) 2
Section 79, 'Sustainable Planning Act, section 243'-- 3
omit, insert-- 4
Planning Act 5
Clause 451 Insertion of new pt 11, div 9 6
Part 11-- 7
insert-- 8
Division 9 Transitional provision for 9
Planning (Consequential) 10
and Other Legislation 11
Amendment Act 2015 12
141 Existing development application if 13
corporation was concurrence agency 14
(1) This section applies to an existing development 15
application if the corporation was a concurrence 16
agency under the repealed Planning Act for the 17
application. 18
(2) Section 78 as in force immediately before the 19
commencement continues to apply in relation to 20
the application. 21
(3) In this section-- 22
existing development application means a 23
development application made under the repealed 24
Planning Act, to which the Planning Act, section 25
287 applies. 26
repealed Planning Act means the repealed 27
Sustainable Planning Act 2009. 28
Page 237
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 452]
Clause 452 Amendment of sch 4 (Modified Building Units and Group 1
Titles Act) 2
Schedule 4, section 7(1), definition building approvals authority, 3
'Sustainable Planning Act 2009'-- 4
omit, insert-- 5
Planning Act 6
Part 55 Amendment of South-East 7
Queensland Water (Distribution 8
and Retail Restructuring) Act 9
2009 10
Clause 453 Act amended 11
This part amends the South-East Queensland Water 12
(Distribution and Retail Restructuring) Act 2009. 13
Clause 454 Amendment of s 53 (Delegation) 14
(1) Section 53(5)(c), 'concurrence'-- 15
omit, insert-- 16
referral 17
(2) Section 53(9), definition concurrence agency-- 18
omit. 19
(3) Section 53(9)-- 20
insert-- 21
referral agency see the Planning Act, section 22
54(2). 23
Page 238
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 455]
Clause 455 Amendment of s 77H (Provision for things done under 1
agreement before the transfer) 2
(1) Section 77H(a)-- 3
omit, insert-- 4
(a) an infrastructure charge or cost levied by the 5
local government under the repealed SPA, 6
chapter 8, part 1 or the repealed IPA, chapter 7
5, part 1; 8
(2) Section 77H(b) and (c), 'Planning Act'-- 9
omit, insert-- 10
repealed SPA 11
Clause 456 Amendment of s 77I (Application of sdiv 3A) 12
Section 77I(3), definition relevant action, paragraphs (a) to (d), 13
'Planning Act'-- 14
omit, insert-- 15
repealed SPA 16
Clause 457 Amendment of s 78 (Reconfiguring a lot after transfer 17
scheme or notice takes effect) 18
(1) Section 78(3)-- 19
omit, insert-- 20
(3) The Planning Act does not apply to the 21
reconfiguring of the lot. 22
(2) Section 78(5), definitions reconfiguring a lot and State 23
planning regulatory provision-- 24
omit. 25
Clause 458 Omission of ch 3, pt 3, div 2, sdiv 5 (Planning schemes 26
and declared master planned areas) 27
Chapter 3, part 3, division 2, subdivision 5-- 28
Page 239
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 459]
omit. 1
Clause 459 Replacement of ch 3A, pt 5, div 6, hdg (Planning Act) 2
Chapter 3A, part 5, division 6, heading-- 3
omit, insert-- 4
Division 6 Repealed Sustainable 5
Planning Act 2009 6
Clause 460 Amendment of s 92DI (Cessation of Allconnex's 7
functions) 8
(1) Section 92DI(1), 'Planning Act'-- 9
omit, insert-- 10
repealed SPA 11
(2) Section 92DI(2)(a)-- 12
omit, insert-- 13
(a) Allconnex has functions under the repealed 14
SPA-- 15
(i) as a concurrence agency under the 16
repealed SPA for a development 17
application made under the repealed 18
SPA; or 19
(ii) for a request for compliance 20
assessment made under the repealed 21
SPA; and 22
(3) Section 92DI(3), after 'functions'-- 23
insert-- 24
under the repealed SPA 25
(4) Section 92DI(4), 'Planning Act'-- 26
omit, insert-- 27
repealed SPA 28
Page 240
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 461]
Clause 461 Omission of s 92DJ (Continued effect of non-application 1
of planning schemes under s 78A) 2
Section 92DJ-- 3
omit. 4
Clause 462 Amendment of s 99BO (Content of part A of plan) 5
Section 99BO(4), definition priority infrastructure area, 'schedule 6
3'-- 7
omit, insert-- 8
schedule 2 9
Clause 463 Amendment of s 99BRBC (Notice of review decision) 10
Section 99BRBC(3)(a), 'building and development committee'-- 11
omit, insert-- 12
development tribunal 13
Clause 464 Amendment of ch 4C, pt 4, div 3, hdg (Appeals to a 14
building and development committee) 15
Chapter 4C, part 4, division 3, heading, 'building and development 16
committee'-- 17
omit, insert-- 18
development tribunal 19
Clause 465 Amendment of s 99BRBE (Appeals about applications for 20
connections--general) 21
(1) Section 99BRBE(1)(a)-- 22
omit, insert-- 23
(a) the land to which the connection relates is 24
subject to an application for a development 25
approval; and 26
Page 241
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 466]
(aa) a development tribunal may, under the 1
Planning Act, hear an appeal against a 2
decision on the application for a 3
development approval; and 4
(2) Section 99BRBE(1)(aa) to (c)-- 5
renumber as section 99BRBE(1)(b) to (d). 6
(3) Section 99BRBE(2), 'building and development 7
committee'-- 8
omit, insert-- 9
development tribunal 10
(4) Section 99BRBE(2)(a), 'an application'-- 11
omit, insert-- 12
the application for a connection 13
Clause 466 Amendment of s 99BRBF (Appeals about applications for 14
connections--particular charges) 15
Section 99BRBF(2), 'building and development committee'-- 16
omit, insert-- 17
development tribunal 18
Clause 467 Amendment of s 99BRBFA (Appeals against refusal of 19
conversion application) 20
Section 99BRBFA(2), 'building and development committee'-- 21
omit, insert-- 22
development tribunal 23
Clause 468 Amendment of s 99BRBG (Application of relevant 24
committee appeal provisions) 25
(1) Section 99BRBG, heading, 'committee'-- 26
omit, insert-- 27
Page 242
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 469]
development tribunal 1
(2) Section 99BRBG(1), 'committee'-- 2
omit, insert-- 3
development tribunal 4
(3) Section 99BRBG(2), definition relevant committee appeal 5
provisions-- 6
omit, insert-- 7
relevant development tribunal appeal 8
provisions-- 9
(a) means the Planning Act, section 229(1) and 10
(2) and chapter 6, part 2, division 3, other 11
than sections 246, 250 and 253(2)(e) of that 12
Act; and 13
(b) includes any definitions in that Act relevant 14
to section 229(1) and (2) and chapter 6, part 15
2, division 3 (other than sections 246, 250 16
and 253(2)(e)) of that Act. 17
Clause 469 Amendment of ss 99BRBH (Notice of appeal) 18
Section 99BRBH(2), 'building and development committees'-- 19
omit, insert-- 20
development tribunals 21
Clause 470 Insertion of new s 99BRBIA 22
After section 99BRBI-- 23
insert-- 24
99BRBIA Development tribunal to decide appeal 25
about application for a connection based on 26
particular laws 27
(1) This section applies to an appeal against a 28
decision on an application for a connection, 29
Page 243
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 471]
including, for example, a decision under a water 1
approval given for the application. 2
(2) The development tribunal must decide the appeal 3
based on the laws in effect when the application 4
was made. 5
(3) However, if the laws are subsequently amended 6
or replaced, the tribunal may in deciding the 7
appeal give the weight the tribunal considers 8
appropriate, in the circumstances, to any new 9
laws. 10
Clause 471 Amendment of s 99BRBK (Registrar must ask 11
distributor-retailer for material in particular proceedings) 12
Section 99BRBK(2), 'building and development committees'-- 13
omit, insert-- 14
development tribunals 15
Clause 472 Amendment of s 99BRBL (Lodging appeal stops 16
particular actions) 17
(1) Section 99BRBL, heading-- 18
omit, insert-- 19
99BRBL Work under water approval not to start if 20
appeal is started and not decided or 21
withdrawn 22
(2) Section 99BRBL(2)-- 23
omit, insert-- 24
(2) However, if the development tribunal is satisfied 25
the outcome of the appeal would not be affected 26
if all or part of the work were to start before the 27
appeal is decided, the tribunal may allow all or 28
that part of the work to start before the appeal is 29
decided. 30
Page 244
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 473]
Clause 473 Insertion of new s 99BRBPA 1
After section 99BRBP-- 2
insert-- 3
99BRBPA How appeals are started 4
(1) An appeal under this division is started by 5
lodging a written notice of appeal with the 6
registrar of the Planning and Environment Court. 7
(2) The notice of appeal must be in the approved 8
form and succinctly state the grounds of the 9
appeal. 10
Clause 474 Amendment of s 99BRBQ (Application of relevant court 11
provisions) 12
(1) Section 99BRBQ(1)(a) to (f)-- 13
omit, insert-- 14
(a) a Planning Act appeal or Planning Act 15
proceeding were a reference to an appeal 16
under this division; and 17
(b) the Planning Act were a reference to this 18
Act; and 19
(c) the assessment manager were a reference to 20
the distributor-retailer that made the 21
decision the subject of the appeal; and 22
(d) a development permit or development 23
approval were a reference to a water 24
approval; and 25
(e) a development application were a reference 26
to the application for the water approval. 27
(2) Section 99BRBQ(2), definition relevant court appeal 28
provisions-- 29
omit, insert-- 30
relevant court appeal provisions-- 31
Page 245
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 475]
(a) means the Planning and Environment Court 1
Act 2015, part 5, other than sections 45 and 2
46(2), (5) and (6) of that Act; and 3
(b) includes any definitions in the Planning and 4
Environment Court Act 2015 relevant to part 5
5 (other than sections 45 and 46(2), (5) and 6
(6)) of that Act. 7
Clause 475 Insertion of new s 99BRBQA 8
After section 99BRBQ-- 9
insert-- 10
99BRBQA Court to decide appeal about 11
application for a connection based on 12
particular statutory instruments 13
(1) This section applies to an appeal against a 14
decision on an application for a connection, 15
including, for example, a decision under a water 16
approval given for the application. 17
(2) The Planning and Environment Court must 18
decide the appeal based on the statutory 19
instruments in force when the application was 20
made. 21
(3) However, if a statutory instrument is amended or 22
replaced before the Planning and Environment 23
Court decides the appeal, the court may, in 24
deciding the appeal, give the weight the court 25
considers is appropriate, in the circumstances, to 26
the amendment or replacement. 27
Clause 476 Replacement of s 99BRBU (Who must prove case for 28
appeals) 29
Section 99BRBU-- 30
omit, insert-- 31
Page 246
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 477]
99BRBU Who must prove case for appeals 1
(1) In an appeal under section 99BRBN, 99BRBO or 2
99BRBOA, the appellant must establish that the 3
appeal should be upheld. 4
(2) In an appeal under section 99BRBP by a person 5
given a water connection compliance notice, the 6
distributor-retailer who gave the notice must 7
establish that the appeal should be dismissed. 8
Clause 477 Amendment of s 99BRBV (Lodging appeal stops 9
particular actions) 10
(1) Section 99BRBV, heading-- 11
omit, insert-- 12
99BRBV Work under water approval not to start if 13
appeal is started and not decided or 14
withdrawn 15
(2) Section 99BRBV(2)-- 16
omit, insert-- 17
(2) However, if the Planning and Environment Court 18
is satisfied the outcome of the appeal would not 19
be affected if all or part of the work were to start 20
before the appeal is decided, the court may allow 21
all or that part of the work to start before the 22
appeal is decided. 23
Clause 478 Amendment of s 99BRCC (Definitions for pt 7) 24
(1) Section 99BRCC, definition breakup agreement, 'section 25
632(2)'-- 26
omit, insert-- 27
section 114(2) 28
(2) Section 99BRCC, definition PPI index-- 29
omit, insert-- 30
Page 247
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 479]
PPI means-- 1
(a) the producer price index for construction 2
6427.0 (ABS PPI) index number 3
3101--Road and Bridge construction index 4
for Queensland published by the Australian 5
Bureau of Statistics; or 6
(b) if that index stops being published--another 7
similar index prescribed by regulation. 8
(3) Section 99BRCC, definition SPRP (adopted charges)-- 9
omit. 10
Clause 479 Amendment of s 99BRCF (Power to adopt charges by 11
board decision) 12
(1) Section 99BRCF(2)(a), 'infrastructure'-- 13
omit, insert-- 14
adopted 15
(2) Section 99BRCF(2)(c)-- 16
insert-- 17
(iii) trunk infrastructure related to 18
development by a department, or part 19
of a department, under a designation 20
under the Planning Act. 21
Clause 480 Amendment of s 99BRCG (Matters for board decision) 22
(1) Section 99BRCG(1)-- 23
omit, insert-- 24
(1) An adopted charge may be made for providing 25
trunk infrastructure for a land use if the charge 26
is-- 27
(a) prescribed by regulation under the Planning 28
Act for the land use; and 29
Page 248
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 480]
(b) no more than the proportion of the 1
maximum adopted charge for trunk 2
infrastructure the distributor-retailer may 3
have under-- 4
(i) a breakup agreement to which it is a 5
party; or 6
(ii) if it is not a party to a breakup 7
agreement--a regulation under the 8
Planning Act. 9
(2) Section 99BRCG(3), after 'may do'-- 10
insert-- 11
either or both of 12
(3) Section 99BRCG(3)(b)-- 13
omit, insert-- 14
(b) make a provision (an automatic increase 15
provision) that provides for automatic 16
increases in levied charges from when they 17
are levied to when they are paid. 18
(4) Section 99BRCG(5)(b)-- 19
omit, insert-- 20
(b) the increase worked out using the PPI, 21
adjusted according to the 3-yearly PPI 22
average, for the period-- 23
(i) starting on the day the levied charge is 24
levied; and 25
(ii) ending on the day the charge is paid. 26
(5) Section 99BRCG(6)-- 27
omit, insert-- 28
(6) In this section-- 29
3-yearly PPI average means the PPI adjusted 30
according to the 3-year moving average quarterly 31
percentage change between financial quarters. 32
Page 249
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 481]
maximum adopted charge, for trunk 1
infrastructure, means the sum of-- 2
(a) the maximum amount for an adopted charge 3
for the infrastructure-- 4
(i) prescribed under the Planning Act, 5
section 111(1); and 6
(ii) in force at the start of the financial year 7
in which the charge is levied; and 8
(b) an amount equal to the amount mentioned in 9
paragraph (a) multiplied by the sum of the 10
percentage increases for each financial 11
quarter since the amount was last prescribed 12
or amended. 13
percentage increase means the 3-yearly moving 14
average quarterly percentage increase in the PPI. 15
Clause 481 Amendment of s 99BRCH (Working out cost of 16
infrastructure for offset or refund) 17
Section 99BRCH(2), from 'under--'-- 18
omit, insert-- 19
under a guideline under the Planning Act, section 20
115(2). 21
Clause 482 Amendment of s 99BRCHA (Criteria for deciding 22
conversion application) 23
Section 99BRCHA(2), 'section 633A(2)'-- 24
omit, insert-- 25
section 116(2) 26
Clause 483 Amendment of s 99BRCI (When charge may be levied and 27
recovered) 28
(1) Section 99BRCI(1)(c)-- 29
Page 250
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 484]
omit. 1
(2) Section 99BRCI(6) and (7)-- 2
omit, insert-- 3
(6) A charge (a levied charge) under an 4
infrastructure charges notice-- 5
(a) is subject to sections 99BRCJ and 99BRCT; 6
and 7
(b) is payable by the applicant; and 8
(c) attaches to the premises; and 9
(d) becomes payable as provided for under 10
subdivision 4; and 11
(e) is subject to any agreement under section 12
99BRCM(1); and 13
(f) may be recovered, in whole or part, by the 14
distributor-retailer from the applicant as a 15
debt. 16
Clause 484 Amendment of s 99BRCJ (Limitation of levied charge) 17
(1) Section 99BRCJ(4), definition charges notice, paragraph (b), 18
'Planning Act'-- 19
omit, insert-- 20
repealed SPA 21
(2) Section 99BRCJ(4), definition infrastructure requirement, 22
'under the Planning Act'-- 23
omit. 24
Clause 485 Amendment of s 99BRCL (Payment triggers generally) 25
(1) Section 99BRCL(1)(a), 'or development requiring 26
compliance assessment'-- 27
omit. 28
Page 251
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 486]
(2) Section 99BRCL(3), definition assessable development, 1
'schedule 3'-- 2
omit, insert-- 3
section 44(3) 4
Clause 486 Amendment of s 99BRCN (Application of Planning Act, 5
ch 8, pt 2, div 1, sdiv 5) 6
(1) Section 99BRCN, heading, 'ch 8, pt 2, div 1, sdiv 5'-- 7
omit, insert-- 8
ch 4, pt 2, div 2, sdiv 5 9
(2) Section 99BRCN, 'chapter 8, part 2, division 1, subdivision 10
5'-- 11
omit, insert-- 12
chapter 4, part 2, division 2, subdivision 5 13
(3) Section 99BRCN(c), 'relevant appeal period'-- 14
omit, insert-- 15
appeal period for the infrastructure charges 16
notice 17
Clause 487 Amendment of s 99BRDB (No conditions on State 18
infrastructure suppliers) 19
Section 99BRDB(2), definition State infrastructure, 'schedule 20
3'-- 21
omit, insert-- 22
schedule 2 23
Clause 488 Amendment of s 99BRDE (Application to convert 24
infrastructure to trunk infrastructure) 25
Section 99BRDE(1) and (2)-- 26
omit, insert-- 27
Page 252
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 489]
(1) The holder of a water approval may apply to 1
convert non-trunk infrastructure to trunk 2
infrastructure. 3
(2) The application (the conversion application) 4
must be made to the distributor-retailer, in 5
writing, within 1 year after the water approval 6
takes effect. 7
Clause 489 Amendment of s 99BRDN (When water infrastructure 8
agreement binds successors in title) 9
Section 99BRDN(7), definition public sector entity, 'schedule 3'-- 10
omit, insert-- 11
schedule 2 12
Clause 490 Amendment of s 99BU (Requirements for infrastructure 13
charges register) 14
Section 99BU(2)(f)-- 15
omit, insert-- 16
(f) if the charge was levied as a result of a 17
development approval--the approval 18
reference number and the day the approval 19
will lapse; 20
Clause 491 Amendment of s 100G (Documents and information 21
about water approvals and development approvals) 22
Section 100G-- 23
insert-- 24
(5) In this section-- 25
development application includes-- 26
(a) a development application made under the 27
repealed IPA or repealed SPA; and 28
Page 253
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 492]
(b) a change application made under the 1
Planning Act. 2
Clause 492 Amendment of s 102 (Regulation-making power) 3
(1) Section 102(2)(g)-- 4
omit. 5
(2) Section 102(2)(h)-- 6
renumber as section 102(2)(g). 7
Clause 493 Amendment of ss 132-135 8
Sections 132 to 135, 'Planning Act'-- 9
omit, insert-- 10
repealed SPA 11
Clause 494 Amendment of s 139 (Overdue charges) 12
Section 139(1)(a) and (b) and (3), 'Planning Act'-- 13
omit, insert-- 14
repealed SPA 15
Clause 495 Amendment of s 140B (Definitions for pt 10) 16
(1) Section 140B, definition concurrence agency, 'Planning 17
Act'-- 18
omit, insert-- 19
repealed SPA 20
(2) Section 140B, definition unamended Planning Act, 'Planning 21
Act'-- 22
omit, insert-- 23
repealed SPA 24
Page 254
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 496]
Clause 496 Amendment of s 140C (Development application for 1
development approval--distributor-retailers) 2
Section 140C(1), (2) and (4), note, 'Planning Act'-- 3
omit, insert-- 4
repealed SPA 5
Clause 497 Amendment of ss 140D and 140E 6
Section 140D(1)(a) and (b) and 140E(2) and (3), 'Planning Act'-- 7
omit, insert-- 8
repealed SPA 9
Clause 498 Amendment of s 140F (Adopted infrastructure charges at 10
commencement continue in effect) 11
(1) Section 140F(1)(a)(i), (5) and (6), 'Planning Act'-- 12
omit, insert-- 13
repealed SPA 14
(2) Section 140F-- 15
insert-- 16
(7) In this section-- 17
SPRP (adopted charges) see the repealed SPA, 18
section 629(5). 19
Clause 499 Insertion of new ch 6, pt 11 20
Chapter 6-- 21
insert-- 22
Page 255
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
Part 11 Transitional provisions 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
141 Definitions for part 6
In this part-- 7
amending Act means the Planning 8
(Consequential) and Other Legislation 9
Amendment Act 2015. 10
defined related application means a development 11
application for a development approval, or an 12
existing development application for a 13
development approval under the repealed SPA, 14
that-- 15
(a) involves a water connection aspect; and 16
(b) relates to a development approval given 17
(whether or not to the applicant) under the 18
repealed SPA before 1 July 2014. 19
existing development application means a 20
development application made under the repealed 21
SPA, to which the Planning Act, section 287 22
applies. 23
former, in relation to a provision, means the 24
provision as in force immediately before the 25
provision was amended or repealed under the 26
amending Act. 27
water connection aspect-- 28
(a) of a development application, means the 29
aspect of the application for which-- 30
(i) a distributor-retailer has a referral 31
agency function under the Planning 32
Act, section 295(2)(b); or 33
Page 256
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(ii) a distributor-retailer's participating 1
local government has a referral agency 2
function under section 295(3) of that 3
Act; or 4
(b) of an existing development application, 5
means the aspect of the application for 6
which a distributor-retailer or its 7
participating local government had a 8
concurrence agency function under the 9
repealed SPA; or 10
(c) of a development approval, means the aspect 11
of the approval that relates to a 12
distributor-retailer's water infrastructure. 13
142 Particular existing functions of 14
distributor-retailer--SEQ declared master 15
planned area 16
(1) Former section 78B continues to apply to an SEQ 17
declared master planned area, as if the amending 18
Act had not been enacted. 19
(2) In this section-- 20
SEQ declared master planned area means a 21
declared master planned area under the repealed 22
SPA that-- 23
(a) is in the SEQ region; and 24
(b) immediately before 1 July 2010, was 25
identified in a master planned area 26
declaration under the repealed SPA. 27
143 Appeals and particular rights to appeal to a 28
building and development dispute resolution 29
committee 30
(1) Subsections (2) to (4) apply if-- 31
Page 257
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(a) a person started an appeal under former 1
chapter 4C, part 4, division 3 about a matter 2
to a building and development dispute 3
resolution committee; and 4
(b) the appeal was not decided before the 5
repealed SPA was repealed. 6
(2) If, before the repealed SPA was repealed, a 7
building and development dispute resolution 8
committee had been established for the appeal 9
proceeding-- 10
(a) former chapter 4C, part 4, division 3 and the 11
repealed SPA continue to apply in relation to 12
the appeal; and 13
(b) the committee's decision on the appeal is 14
taken to be a decision of a development 15
tribunal on the appeal. 16
(3) Subsection (4) applies if a building and 17
development dispute resolution committee had 18
not been established for the appeal proceeding 19
before the repealed SPA was repealed. 20
(4) Chapter 4C, part 4, division 3 and the Planning 21
Act apply in relation to the appeal, as if the 22
person had started an appeal under chapter 4C, 23
part 4, division 3 to a development tribunal about 24
the matter. 25
(5) Subsections (6) and (7) apply if-- 26
(a) immediately before the commencement, a 27
person had a right to appeal under former 28
chapter 4C, part 4, division 3 to a building 29
and development dispute resolution 30
committee about a matter; and 31
(b) the person had not, before the 32
commencement, started an appeal under 33
former chapter 4C, part 4, division 3 to a 34
building and development dispute resolution 35
committee in exercise of the right. 36
Page 258
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(6) The person may, under chapter 4C, part 3, 1
division 3, appeal to a development tribunal 2
about the matter. 3
(7) Chapter 4C, part 4, division 3 and the Planning 4
Act apply in relation to the appeal. 5
(8) In this section-- 6
building and development dispute resolution 7
committee means a building and development 8
dispute resolution committee under the repealed 9
SPA. 10
144 Appeals and particular rights to appeal to 11
Planning and Environment Court 12
(1) Subsection (2) applies if-- 13
(a) a person started an appeal under former 14
chapter 4C, part 4, division 4 about a matter 15
to the Planning and Environment Court; and 16
(b) the appeal had not been decided before the 17
repealed SPA was repealed. 18
(2) Former chapter 4C, part 4, division 4 and the 19
repealed SPA continue to apply in relation to the 20
appeal. 21
(3) Subsections (4) and (5) apply if-- 22
(a) immediately before the commencement, a 23
person had a right to appeal under former 24
chapter 4C, part 4, division 4 to the Planning 25
and Environment Court about a matter; and 26
(b) the person had not, before the 27
commencement, started an appeal under 28
former chapter 4C, part 4, division 4 to the 29
Planning and Environment Court in exercise 30
of the right. 31
Page 259
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(4) The person may, under chapter 4C, part 4, 1
division 4, appeal to the Planning and 2
Environment Court about the matter. 3
(5) Chapter 4C, part 4, division 4 applies in relation 4
to the appeal. 5
Note-- 6
See also the Planning and Environment Court Act 2015, 7
section 76. 8
145 Existing board decisions 9
(1) This Act applies to an existing board decision as 10
if the board decision was made under section 11
99BRCF. 12
(2) To remove any doubt, it is declared that the 13
decision was made when it was made under this 14
Act as in force immediately before the 15
commencement. 16
(3) In this section-- 17
existing board decision means a board 18
decision-- 19
(a) made under section 99BRCF before the 20
commencement; and 21
(b) in force immediately before the 22
commencement. 23
146 Submission made under former s 99BRCN 24
(1) This section applies if-- 25
(a) before the commencement, a person made a 26
submission to a local government about an 27
infrastructure charges notice under the 28
repealed SPA, section 641, as applied by 29
former section 99BRCN; and 30
Page 260
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(b) the local government had not made a 1
decision on the submission before the 2
commencement. 3
(2) Former section 99BRCN continues to apply to 4
the submission as if the amending Act had not 5
been enacted. 6
147 Development approval involving a water 7
connection aspect given after commencement 8
(1) This section applies to a development approval 9
involving a water connection aspect if-- 10
(a) the approval is given after the 11
commencement of the Planning Act; and 12
(b) the approval is for a material change of use 13
of premises, or reconfiguring a lot, under 14
that Act; and 15
(c) either-- 16
(i) the approval was given for an existing 17
development application and, 18
immediately before the 19
commencement, the repealed SPA, 20
section 959B applied to the 21
application; or 22
(ii) the approval was given for a defined 23
related application. 24
(2) On and from the development approval taking 25
effect-- 26
(a) the Planning Act does not apply to the water 27
connection aspect of the development 28
approval; and 29
(b) the water connection aspect of the 30
development approval is taken to be a water 31
approval for a staged water connection; and 32
Page 261
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(c) any conditions of the development approval 1
relating to the water connection aspect are 2
taken to be conditions of the water approval. 3
148 Defined related application made after 4
commencement--water approval conditions 5
(1) This section applies to a defined related 6
application made after the commencement. 7
(2) For deciding the water connection aspect of the 8
application-- 9
(a) the Planning Act, chapter 4 and section 10
66(1)(c) and (f) do not apply to the 11
application; and 12
(b) section 99BRAJ(2)(h), (3) and (4) and 13
chapter 4C, part 7, divisions 4 and 6 (each 14
an applied provision) apply to the 15
application as if a reference in an applied 16
provision to-- 17
(i) an application for a water approval 18
were a reference to a defined related 19
application; and 20
(ii) an applicant for a water approval were 21
a reference to an applicant for a defined 22
related application; and 23
(iii) a water approval were a reference to a 24
development approval; and 25
(iv) a water approval condition were a 26
reference to a condition of a 27
development approval; and 28
(v) a distributor-retailer were a reference to 29
a referral agency for the defined related 30
application; and 31
Page 262
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(c) the applied provisions apply to the 1
application with any other necessary 2
changes. 3
(3) Subsection (4) applies if a distributor-retailer or a 4
participating local government-- 5
(a) is a referral agency under the Planning Act 6
for a defined related application that is a 7
development application; or 8
(b) was a concurrence agency under the 9
repealed SPA for a defined related 10
application that is an existing development 11
application. 12
(4) The distributor-retailer or participating local 13
government may, under chapter 4C, part 7, 14
impose on a development approval given for the 15
defined related application a condition about 16
infrastructure for the distributor-retailer's water 17
infrastructure, as if the development approval 18
were a water approval. 19
(5) To remove any doubt, it is declared that if a 20
condition is imposed on a development approval 21
under subsection (4), the condition is a condition 22
of the development approval. 23
149 Infrastructure charges notice for water 24
connection aspect of development approval 25
taken to be water approval 26
(1) This section applies if a water connection aspect 27
of a development approval is taken to be a water 28
approval for a staged water connection under 29
section 147(2)(b). 30
(2) For section 99BRCI(3), a reference in that 31
section to a decision notice under section 32
99BRAI is taken to be a reference to the decision 33
notice under the Planning Act for the 34
development approval. 35
Page 263
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(3) Section 140E(3) and (4) applies to the 1
development approval as if a reference in section 2
140E(3) to the repealed SPA were a reference to 3
the repealed SPA or the Planning Act. 4
150 Infrastructure charges notice for particular 5
other development approval 6
(1) This section applies if-- 7
(a) notice (the original notice) levying a charge 8
is given under the Planning Act, or was 9
given under the repealed SPA, for a 10
development approval-- 11
(i) that was given before 1 July 2014; and 12
(ii) the water connection aspect of which 13
did not become a water approval for a 14
staged water connection under section 15
135(2); and 16
(b) a following application is approved under 17
the Planning Act-- 18
(i) a change application under that Act to 19
change the development approval; 20
(ii) an extension application under that Act 21
for any part of the development 22
approval. 23
(2) The distributor-retailer for the water 24
infrastructure to which the development approval 25
relates may give the holder of the approval an 26
infrastructure charges notice under chapter 4C, 27
part 7, division 3, subdivision 3 to replace the 28
original notice. 29
(3) Chapter 4C, part 7, division 3, subdivision 3 30
applies to the giving of the infrastructure charges 31
notice, as if-- 32
Page 264
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 499]
(a) the original notice were an infrastructure 1
charges notice; and 2
(b) a reference in chapter 4C, part 7, division 3, 3
subdivision 3 to a water approval were a 4
reference to a development approval. 5
(4) However, section 99BRDC does not apply to an 6
infrastructure charges notice given under 7
subsection (2). 8
151 Delegations 9
(1) Subsection (2) applies to-- 10
(a) a defined related application made after the 11
commencement of the Planning Act; and 12
(b) a development approval involving a water 13
connection aspect. 14
(2) Section 132(2) to (4) applies to the application 15
and approval as if-- 16
(a) a reference in section 132(2) to a 17
development application were a reference to 18
a defined related application; and 19
(b) a reference in section 132(2) or (3) to a 20
development approval were a reference to a 21
development approval involving a water 22
connection aspect. 23
(3) Subsection (4) applies to a compliance 24
assessment mentioned in the repealed SPA, 25
section 959F if, under the Planning Act, the 26
compliance assessment may continue after the 27
commencement of that Act. 28
(4) Section 133(2) and (3) applies to the compliance 29
assessment. 30
Page 265
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 500]
Clause 500 Amendment of schedule (Dictionary) 1
(1) Schedule, definitions building and development committee, 2
compliance assessment, development application, ecological 3
sustainability, infrastructure agreement, Planning Act, 4
planning scheme, PPI index and SPRP (adopted charges)-- 5
omit. 6
(2) Schedule-- 7
insert-- 8
development application means a development 9
application under the Planning Act. 10
development approval means a development 11
approval under the Planning Act. 12
development tribunal means a tribunal 13
established under the Planning Act, section 234. 14
ecological sustainability means the balance that 15
integrates-- 16
(a) protection of ecological processes and 17
natural systems at local, regional, State and 18
wider levels; and 19
(b) economic development; and 20
(c) maintenance of the cultural, economic, 21
physical and social wellbeing of people and 22
communities. 23
infrastructure agreement means any of the 24
following agreements-- 25
(a) an infrastructure agreement under the 26
Planning Act; 27
(b) an infrastructure agreement under the 28
repealed SPA; 29
(c) an infrastructure agreement under the 30
repealed IPA, mentioned in the repealed 31
SPA, section 840; 32
Page 266
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 55 Amendment of South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
[s 500]
(d) an infrastructure agreement under the 1
repealed Local Government (Planning and 2
Environment) Act 1990 to which the 3
repealed SPA, section 855 applied; 4
(e) an agreement to which the repealed SPA, 5
section 856 applied. 6
Planning Act means the Planning Act 2015. 7
planning scheme means a planning scheme 8
under the Planning Act. 9
PPI, for chapter 4C, part 7, see section 99BRCC. 10
repealed IPA means the repealed Integrated 11
Planning Act 1997. 12
repealed SPA means the repealed Sustainable 13
Planning Act 2009. 14
(3) Schedule, definition Allconnex infrastructure funding matter, 15
'Planning Act'-- 16
omit, insert-- 17
repealed SPA 18
(4) Schedule, definition charges breakup, 'section 627'-- 19
omit, insert-- 20
schedule 2 21
(5) Schedule, definition conversion application, 'section 22
99BRDE(1)'-- 23
omit, insert-- 24
section 99BRDE(2) 25
(6) Schedule, definition development infrastructure, 'section 26
627'-- 27
omit, insert-- 28
schedule 2 29
(7) Schedule, definition infrastructure charges notice, paragraph 30
(b), 'section 643(1)'-- 31
Page 267
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 56 Amendment of Southern Moreton Bay Islands Development Entitlements Protection
Act 2004
[s 501]
omit, insert-- 1
section 124(3) 2
(8) Schedule, definition premises, paragraph (b)(i), 'section 3
10(1)'-- 4
omit, insert-- 5
schedule 2 6
(9) Schedule, definition reconfiguring a lot, 'section 10(1)'-- 7
omit, insert-- 8
schedule 2 9
Part 56 Amendment of Southern 10
Moreton Bay Islands 11
Development Entitlements 12
Protection Act 2004 13
Clause 501 Act amended 14
This part amends the Southern Moreton Bay Islands 15
Development Entitlements Protection Act 2004. 16
Clause 502 Amendment of s 4 (What is an SMBI application) 17
Section 4, 'development application (superseded planning 18
scheme)'-- 19
omit, insert-- 20
superseded planning scheme application 21
Clause 503 Amendment of s 4A (What is an SMBI request) 22
(1) Section 4A, 'made under the Sustainable Planning Act 2009, 23
section 95(1)(a)'-- 24
Page 268
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 56 Amendment of Southern Moreton Bay Islands Development Entitlements Protection
Act 2004
[s 504]
omit, insert-- 1
mentioned in the Planning Act, section 29(4)(b) 2
(2) Section 4A(a), 'a superseded'-- 3
omit, insert-- 4
the superseded 5
Clause 504 Amendment of s 7 (Modified application of Sustainable 6
Planning Act 2009) 7
(1) Section 7, heading, 'Sustainable Planning Act 2009'-- 8
omit, insert-- 9
Planning Act 10
(2) Section 7(1)-- 11
omit, insert-- 12
(1) Despite the Planning Act, section 29(6), if a 13
person makes an SMBI request, the local 14
government must agree to the request. 15
(3) Section 7(2), 'Sustainable Planning Act 2009, chapter 3, part 16
2, division 5'-- 17
omit, insert-- 18
Planning Act, chapter 2, part 4, division 1 19
(4) Section 7(3)-- 20
omit, insert-- 21
(3) For the Planning Act, an SMBI application must 22
be assessed under the superseded planning 23
scheme. 24
(5) Section 7(4), 'Sustainable Planning Act 2009, section 245'-- 25
omit, insert-- 26
Planning Act, section 73 27
(6) Section 7(5), 'Sustainable Planning Act 2009, section 714'-- 28
Page 269
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 56 Amendment of Southern Moreton Bay Islands Development Entitlements Protection
Act 2004
[s 505]
omit, insert-- 1
Planning Act, section 262 2
Clause 505 Amendment of s 8 (Certain rights unaffected) 3
(1) Section 8, 'Sustainable Planning Act 2009, section 705'-- 4
omit, insert-- 5
Planning Act, chapter 2, part 4, division 2 in relation 6
to a public purpose change affecting the land 7
(2) Section 8-- 8
insert-- 9
(2) In this section-- 10
public purpose change see the Planning 11
Act, section 30(3). 12
Clause 506 Insertion of new s 12 13
After section 11-- 14
insert-- 15
12 Transitional provision for Planning 16
(Consequential) and Other Legislation 17
Amendment Act 2015 18
(1) Subsection (2) applies to an SMBI application or 19
SMBI request, as defined in this Act immediately 20
before the commencement, made before the 21
commencement. 22
(2) This Act, as in force immediately before the 23
commencement, continues to apply in relation to 24
the SMBI application or SMBI request as if the 25
Planning (Consequential) and Other Legislation 26
Amendment Act 2015 had not been enacted. 27
Note-- 28
See also the Planning Act, chapter 8, part 1. 29
Page 270
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 56 Amendment of Southern Moreton Bay Islands Development Entitlements Protection
Act 2004
[s 507]
(3) Subsection (4) applies to a development approval 1
in relation to an SMBI application, as defined in 2
this Act immediately before the commencement, 3
given before the commencement. 4
(4) Section 7(4), as in force immediately before the 5
commencement, continues to apply in relation to 6
the development approval. 7
Clause 507 Amendment of schedule (Dictionary) 8
(1) Schedule, definitions assessment manager, development, 9
development application, development application 10
(superseded planning scheme), development approval, 11
development permit and superseded planning scheme-- 12
omit. 13
(2) Schedule-- 14
insert-- 15
assessment manager, for a development 16
application, means the person who is the 17
assessment manager under the Planning Act for 18
the application. 19
development see the Planning Act, schedule 2. 20
development application means a development 21
application under the Planning Act. 22
development approval means a development 23
approval under the Planning Act. 24
development permit means a development permit 25
under the Planning Act. 26
Planning Act means the Planning Act 2015. 27
superseded planning scheme means the planning 28
scheme in force for the Redland local 29
government area immediately before the 30
Redland's IPA planning scheme took effect. 31
Page 271
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 508]
superseded planning scheme application means 1
a development application-- 2
(a) for development to which the superseded 3
planning scheme applies; and 4
(b) made to the council as assessment manager 5
for the application; and 6
(c) made within 10 years after the day the 7
Redland's IPA planning scheme had effect. 8
Part 57 Amendment of State 9
Development and Public Works 10
Organisation Act 1971 11
Clause 508 Act amended 12
This part amends the State Development and Public Works 13
Organisation Act 1971. 14
Clause 509 Amendment of s 24 (Definitions for pt 4) 15
Section 24, definition assessment manager-- 16
omit. 17
Clause 510 Amendment of s 26 (Declaration of coordinated project) 18
Section 26(4)-- 19
omit, insert-- 20
(4) If the project involves development that requires 21
a development approval, the Coordinator-General 22
must give a copy of the gazette notice to the 23
person who is, or is to be, the assessment 24
manager for a development application for the 25
approval. 26
Page 272
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 511]
Clause 511 Amendment of s 34G (Preparation of draft IAR) 1
Section 34G(2)(c)(i) and (iii)(A), 'Sustainable'-- 2
omit. 3
Clause 512 Amendment of s 35A (Lapsing of Coordinator-General's 4
report) 5
Section 35A(8), definition relevant approval, paragraph (g), 6
'Sustainable'-- 7
omit. 8
Clause 513 Amendment of pt 4, div 4, hdg (Relationship with 9
Sustainable Planning Act) 10
Part 4, division 4, heading, 'Sustainable'-- 11
omit. 12
Clause 514 Amendment of s 36 (Application of sdiv 1) 13
(1) Section 36(a)-- 14
omit, insert-- 15
(a) the project involves development requiring a 16
development approval; and 17
(aa) any or all of the following applications (each 18
a relevant application) is made-- 19
(i) a development application for the 20
development approval; 21
(ii) a change application, other than a 22
minor change application, to change a 23
development approval that approves 24
part of the development; 25
(iii) a change application, other than a 26
minor change application, to change a 27
development approval to approve part 28
of the development; and 29
Page 273
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 515]
(2) Section 36(aa) and (b)-- 1
renumber as section 36(b) and (c). 2
Clause 515 Amendment of s 37 (Applications for material change of 3
use or requiring impact assessment) 4
(1) Section 37(1)-- 5
omit, insert-- 6
(1) To the extent the relevant application relates to a 7
material change of use of premises, or requires 8
impact assessment, under the Planning Act-- 9
(a) the application does not require public 10
notification under the Planning Act, section 11
53; and 12
(b) there are no referral agencies under the 13
Planning Act for the application; and 14
(c) a properly made submission about either of 15
the following is taken to be a properly made 16
submission about the application for the 17
Planning Act, chapter 3-- 18
(i) a draft EIS or draft IAR for the project; 19
(ii) any additional information, required by 20
the Coordinator-General for the 21
project, that was publicly notified 22
under section 34C(3); and 23
(d) despite paragraph (b), until any 24
development approval for the application 25
has effect-- 26
(i) the Coordinator-General's report for 27
the EIS or IAR for the project is taken 28
to be a referral agency's response for 29
the application for the Planning Act, 30
chapter 3; and 31
(ii) the Coordinator-General may exercise 32
any power of an entity as a referral 33
Page 274
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 516]
agency that, other than for paragraph 1
(b), would have been a referral agency 2
for the application. 3
(2) Section 37(2), 'Sustainable'-- 4
omit. 5
(3) Section 37(3), definition material change of use, 'Sustainable 6
Planning Act, section 10(1)'-- 7
omit, insert-- 8
Planning Act, schedule 2 9
Clause 516 Amendment of s 38 (When the decision stage for the 10
project starts under IDAS) 11
(1) Section 38, heading-- 12
omit, insert-- 13
38 When decision-making period for relevant 14
application starts 15
(2) Section 38(1), from 'Despite' to 'IDAS'-- 16
omit, insert-- 17
If the relevant application is a development 18
application, the decision-making period 19
(3) Section 38-- 20
insert-- 21
(1A) If the relevant application is a change application 22
for a development approval, the decision-making 23
period for the application does not start until-- 24
(a) if the Coordinator-General is not the 25
responsible entity for the application--the 26
Coordinator-General gives the responsible 27
entity a copy of the relevant 28
Coordinator-General's report for the project; 29
or 30
Page 275
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 517]
(b) if the Coordinator-General is the responsible 1
entity for the application--the 2
Coordinator-General gives the proponent a 3
copy of the relevant Coordinator-General's 4
report for the project. 5
(4) Section 38(1A) and (2)-- 6
renumber as section 38(2) and (3). 7
Clause 517 Amendment of s 39 (Application of Coordinator-General's 8
report to IDAS) 9
(1) Section 39, heading, 'IDAS'-- 10
omit, insert-- 11
assessment of relevant application under Planning 12
Act 13
(2) Section 39(1) to (4)-- 14
omit, insert-- 15
(1) The Coordinator-General's report for the EIS or 16
IAR for the project may state any of the 17
following for development relating to the 18
project-- 19
(a) that any development approval given for the 20
development must be subject to stated 21
conditions; 22
(b) that any development approval given must 23
be only for a stated part of the development; 24
(c) that any development approval given must 25
be a preliminary approval only. 26
(2) Alternatively, the report may state that-- 27
(a) the Coordinator-General has no conditions 28
or requirements for the development; or 29
(b) a development approval for the development 30
must not be given. 31
Page 276
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 517]
(3) The decision maker for the relevant application 1
must comply with a matter stated in the report 2
under subsection (1) or (2). 3
(4) To remove any doubt, it is declared that 4
subsection (1)(a) does not limit the power of the 5
decision maker for the application to-- 6
(a) assess the application; and 7
(b) impose conditions on any development 8
approval given, if the conditions are not 9
inconsistent with conditions stated under 10
subsection (1)(a). 11
(4A) The report may state that a development approval 12
must not be given for the development only if the 13
Coordinator-General is satisfied there are 14
environmental effects in relation to the 15
development that can not be addressed 16
adequately. 17
(3) Section 39(6)(a), from 'has taken effect'-- 18
omit, insert-- 19
starts to have effect under the Planning Act, 20
section 71; and 21
(4) Section 39(6)(b)-- 22
omit, insert-- 23
(b) the condition is taken to be a condition that a 24
referral agency requires be imposed on any 25
development approval under the Planning 26
Act. 27
(5) Section 39(7), from 'concurrence' to 'approval,'-- 28
omit, insert-- 29
condition a referral agency has required be 30
imposed on the approval under the Planning Act, 31
(6) Section 39(4A) to (7)-- 32
renumber as section 39(5) to (8). 33
Page 277
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 518]
Clause 518 Replacement of s 40 (Assessment manager to be given 1
copy of Coordinator-General's report) 2
Section 40-- 3
omit, insert-- 4
40 Decision maker to be given copy of 5
Coordinator-General's report 6
If the Coordinator-General is not the decision maker 7
for a relevant application, the Coordinator-General 8
must give a copy of the Coordinator-General's report 9
for the EIS or IAR for the project to the decision 10
maker for the relevant application. 11
Clause 519 Amendment of s 41 (Concurrence agencies for 12
conditions of development approvals) 13
(1) Section 41, heading, 'Concurrence'-- 14
omit, insert-- 15
Referral 16
(2) Section 41(1) and (2), 'concurrence agency'-- 17
omit, insert-- 18
referral agency 19
Clause 520 Omission of s 42 (Changing or cancelling a condition of a 20
development approval) 21
Section 42-- 22
omit. 23
Clause 521 Replacement of s 42A (Application of 24
Coordinator-General's change report to IDAS) 25
Section 42A-- 26
omit, insert-- 27
Page 278
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 521]
42A Application of Coordinator-General's change 1
report to assessment of relevant application 2
under Planning Act 3
(1) This section applies if, under section 35J(a), the 4
proponent is given a Coordinator-General's 5
change report. 6
(2) The Coordinator-General must give a copy of the 7
change report to the decision maker for the 8
relevant application. 9
(3) The change report is taken to be a referral 10
agency's response for the Planning Act for the 11
application. 12
(4) The referral agency's response mentioned in 13
section 37(1)(d)(i) ceases to have effect for the 14
application. 15
(5) Subsection (6) applies if the change report was 16
given to the proponent-- 17
(a) after the decision-making period for the 18
application started; but 19
(b) before the decision maker has decided the 20
application. 21
(6) Despite the Planning Act, the decision-making 22
period for the application-- 23
(a) ends on the day the Coordinator-General 24
gives the proponent a copy of the change 25
report; and 26
(b) starts again from its beginning on the day 27
after the decision maker receives a copy of 28
the change report. 29
(7) Subsection (8) applies if-- 30
(a) the change report was given to the 31
proponent after the decision maker decided 32
the application (the original application); 33
and 34
Page 279
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 522]
(b) the proposed change the subject of the 1
change report involves-- 2
(i) assessable development that is not 3
approved by a development approval; 4
or 5
(ii) changes to assessable development 6
approved by a development approval; 7
and 8
(c) the proponent proposes to carry out the 9
assessable development or assessable 10
development as changed. 11
(8) The proponent must take, or cause to be taken, 12
the required steps under the Planning Act to 13
obtain approval of the assessable development or 14
changes to the assessable development. 15
(9) Sections 37 to 41 apply to the obtaining of the 16
approval as if-- 17
(a) a reference to the Coordinator-General's 18
report for the EIS or IAR for the project 19
were a reference to the change report; and 20
(b) a reference to a properly made submission 21
about the draft EIS or draft IAR were a 22
reference to a properly made submission 23
about the proposed change. 24
(10) Subsection (8) applies in relation to the changes 25
to the assessable development even if there is an 26
undecided appeal against the decision on the 27
original application. 28
Clause 522 Replacement of pt 4, div 4, sdiv 2, hdg (Community 29
infrastructure) 30
Part 4, division 4, subdivision 2, heading-- 31
omit, insert-- 32
Page 280
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 523]
Subdivision 2 Designation of premises 1
under Planning Act for 2
development of 3
infrastructure 4
Clause 523 Amendment of s 43 (Application of Coordinator-General's 5
report to designation) 6
(1) Section 43(1), from 'land'-- 7
omit, insert-- 8
premises for which a designation under the 9
Planning Act, chapter 2, part 5 may be made. 10
(2) Section 43(2), 'Sustainable Planning Act, section 202(a)'-- 11
omit, insert-- 12
Planning Act, section 35(2)(a) or (b) 13
Clause 524 Amendment of s 50 (Application of div 7) 14
Section 50, 'Sustainable'-- 15
omit. 16
Clause 525 Amendment of s 54A (Application of div 8) 17
Section 54A(a), 'Sustainable'-- 18
omit. 19
Clause 526 Amendment of s 54C (Provision for what conditions may 20
be imposed) 21
Section 54C, 'Sustainable Planning Act, sections 345(1) and 22
346(1) apply'-- 23
omit, insert-- 24
Planning Act, section 65 applies 25
Page 281
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 527]
Clause 527 Amendment of s 54D (Effect of imposed conditions) 1
(1) Section 54D(2), 'Sustainable Planning Act, section 580'-- 2
omit, insert-- 3
Planning Act, section 163 4
(2) Section 54D(5)(a)-- 5
omit, insert-- 6
(a) the Planning Act, section 226 applies in 7
relation to an offence against section 163 of 8
that Act; and 9
Clause 528 Amendment of s 54F (Provision about enforcement 10
orders under the Sustainable Planning Act) 11
(1) Section 54F, heading, 'Sustainable'-- 12
omit. 13
(2) Section 54F(1)(a)(i)-- 14
omit, insert-- 15
(i) the Planning Act, chapter 5, part 5; or 16
Clause 529 Amendment of s 54G (Declaration-making powers) 17
(1) Section 54G(1), 'Sustainable Planning Act, section 456(1) or 18
(2)'-- 19
omit, insert-- 20
Planning and Environment Court Act 2015, 21
section 11 22
(2) Section 54G(3) and (4)-- 23
omit, insert-- 24
(3) The court may also make an order about any 25
declaration it makes under subsection (2). 26
(3) Section 54G(5)-- 27
renumber as section 54G(4). 28
Page 282
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 530]
Clause 530 Amendment of s 54ZM (Declarations) 1
(1) Section 54ZM(1), 'Environmental'-- 2
omit, insert-- 3
Environment 4
(2) Section 54ZM(2)-- 5
omit, insert-- 6
(2) The Planning and Environment Court Act 2015, 7
section 11 applies to a proceeding started under 8
this section as if it were a proceeding relating to 9
the Planning Act. 10
Clause 531 Amendment of s 76D (Definitions for pt 5A) 11
(1) Section 76D-- 12
insert-- 13
relevant local government, for a prescribed 14
decision, means the local government for the 15
local government area to which the prescribed 16
decision relates. 17
(2) Section 76D, definition decision maker, paragraph (a), 18
example, 'Sustainable'-- 19
omit. 20
(3) Section 76D, definition decision maker, paragraph (b), 21
examples-- 22
omit, insert-- 23
Example of a decision maker for paragraph (b)-- 24
a referral agency 25
(4) Section 76D, definition prescribed decision, paragraph 2, 26
examples, first dot point, 'Sustainable'-- 27
omit. 28
(5) Section 76D, definition prescribed process, 'in a stage of 29
IDAS'-- 30
Page 283
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 532]
omit, insert-- 1
under the development assessment process under 2
the Planning Act 3
(6) Section 76D, definition prescribed process, example-- 4
omit. 5
Clause 532 Amendment of s 76I (Progression notice) 6
Section 76I(2)(b)-- 7
omit, insert-- 8
(b) identify the process; and 9
Clause 533 Amendment of s 76J (Notice to decide) 10
Section 76J(7)-- 11
omit, insert-- 12
(7) If the prescribed decision relates to an application 13
for a development approval, or a change 14
application for a development approval (other 15
than a minor change application), the notice to 16
decide may be given to the decision maker only 17
after the decision-making period for the 18
application starts. 19
Clause 534 Amendment of s 76M (Providing assistance or 20
recommendations) 21
Section 76M(3), from 'infrastructure' to 'part 1, applies'-- 22
omit, insert-- 23
trunk infrastructure or non-trunk infrastructure 24
under the Planning Act 25
Clause 535 Amendment of s 76N (Effects of step in notice) 26
(1) Section 76N(d)-- 27
Page 284
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 536]
omit, insert-- 1
(d) if the prescribed decision or process relates 2
to an application for a development approval 3
or a change application for a development 4
approval (other than a minor change 5
application)-- 6
(i) the assessment manager or responsible 7
entity for the application is taken, for 8
the Planning Act, to be a referral 9
agency for the application; and 10
(ii) the functions and powers of a referral 11
agency for the application (including a 12
referral agency mentioned in 13
subparagraph (i)) is, for the Planning 14
Act, limited to the power to only give 15
advice; and 16
(2) Section 76N-- 17
insert-- 18
(2) Despite subsection (1)(d)(i), the assessment 19
manager or responsible entity for the application 20
is taken to be a referral agency for the application 21
only until the Coordinator-General makes a 22
decision, under section 76O, about the prescribed 23
decision or process. 24
Clause 536 Amendment of s 76O (Coordinator-General's decision) 25
Section 76O(4B)-- 26
omit. 27
Clause 537 Amendment of s 76P (Effects of decision) 28
Section 76P(1)(b), 'section 76Q'-- 29
omit, insert-- 30
section 76Q(1) 31
Page 285
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 538]
Clause 538 Amendment of s 76Q (Notice of decision) 1
(1) Section 76Q-- 2
insert-- 3
(1A) The Coordinator-General must also give written 4
notice of the Coordinator-General's decision 5
about the prescribed decision to the relevant local 6
government for the decision, if-- 7
(a) the prescribed decision is a decision on an 8
application for a development approval or a 9
change application for a development 10
approval; and 11
(b) the relevant local government is not the 12
decision maker for the prescribed decision. 13
(2) Section 76Q(2), 'The notice'-- 14
omit, insert-- 15
A notice under this section 16
(3) Section 76Q(1A) and (2)-- 17
renumber as section 76Q(2) and (3). 18
Clause 539 Amendment of s 76R (Report about decision) 19
Section 76R(2)(c) and (3), 'section 76Q'-- 20
omit, insert-- 21
section 76Q(1) 22
Clause 540 Amendment of s 85 (Carrying out particular development, 23
use or works not an offence) 24
Section 85-- 25
insert-- 26
(5) Subsection (6) applies to premises the subject of 27
a designation made under the Planning Act, 28
chapter 2, part 5. 29
Page 286
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 541]
(6) Sections 84A and 84B do not apply to 1
development carried out on the premises under 2
the designation. 3
Clause 541 Amendment of s 140 (Powers in respect of particular 4
works on foreshore and under waters) 5
Section 140(1)(b), 'exempt development under the Sustainable'-- 6
omit, insert-- 7
accepted development under the 8
Clause 542 Amendment of s 157A (What is an enforceable condition) 9
Section 157A(1)(b), from 'as community infrastructure'-- 10
omit, insert-- 11
under the Planning Act, chapter 2, part 5; 12
Clause 543 Amendment of s 157D (Right of appeal) 13
Section 157D(2), note, 'Sustainable Planning Act, chapter 7, part 14
1, divisions 11 to 13'-- 15
omit, insert-- 16
Planning and Environment Court Act 2015 17
Clause 544 Amendment of s 157M (Powers about enforcement 18
orders) 19
Section 157M(4), note, 'Sustainable Planning Act, section 457'-- 20
omit, insert-- 21
Planning and Environment Court Act 2015, part 6 22
Clause 545 Amendment of s 157N (Offence to contravene 23
enforcement order) 24
Section 157N, note, 'Sustainable Planning Act, section 439 25
(Contempt and contravention of orders)'-- 26
Page 287
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 546]
omit, insert-- 1
Planning and Environment Court Act 2015, section 36 2
Clause 546 Insertion of new pt 9, div 9 3
Part 9-- 4
insert-- 5
Division 9 Transitional provision for 6
Planning (Consequential) 7
and Other Legislation 8
Amendment Act 2015 9
203 Existing development application under 10
repealed Sustainable Planning Act 2009 11
(1) This section applies to an existing development 12
application for development for a project, to 13
which former part 4, division 4, subdivision 1 14
applied. 15
(2) Former part 4, division 4, subdivision 1 continues 16
to apply in relation to the application as if the 17
amending Act had not been enacted. 18
(3) In this section-- 19
amending Act means the Planning 20
(Consequential) and Other Legislation 21
Amendment Act 2015. 22
existing development application means a 23
development application made under the repealed 24
Sustainable Planning Act 2009, to which the 25
Planning Act, section 287 applies. 26
former part 4, division 4, subdivision 1 means 27
part 4, division 4, subdivision 1 as in force 28
immediately before the commencement. 29
Page 288
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 547]
Clause 547 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions advice agency, applicable code, 2
assessment manager, authorised development, change 3
application, concurrence agency, decision maker, IDAS, 4
Planning and Environment Court, relevant local government 5
and Sustainable Planning Act-- 6
omit. 7
(2) Schedule 2-- 8
insert-- 9
assessment manager, for a development 10
application, means the person who is the 11
assessment manager for the application under the 12
Planning Act. 13
authorised development, for land, means 14
development of the land authorised under a 15
development approval, or an instrument taken to 16
be a development approval, under the Planning 17
Act. 18
change application-- 19
(a) for a development approval--means a 20
change application under the Planning Act 21
for the approval; or 22
(b) for an SDA approval--see section 84F(1). 23
decision maker-- 24
(a) for part 4, division 4-- 25
(i) for a development application--means 26
the assessment manager for the 27
application; or 28
(ii) for a change application--means the 29
responsible entity for the application; 30
or 31
(b) for part 5A, see section 76D. 32
decision-making period means-- 33
Page 289
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 57 Amendment of State Development and Public Works Organisation Act 1971
[s 547]
(a) for a development application for a 1
development approval--the period, or 2
extended period, allowed under the 3
development assessment rules under the 4
Planning Act for the assessment manager to 5
decide the application; or 6
(b) for a change application for a development 7
approval, other than a minor change 8
application--the period, or extended period, 9
allowed under the development assessment 10
rules under the Planning Act for the 11
responsible entity to decide the application. 12
development application means a development 13
application under the Planning Act. 14
minor change application means a change 15
application for a minor change to a development 16
approval, as defined in the Planning Act. 17
Planning Act means the Planning Act 2015. 18
referral agency see the Planning Act, section 19
54(2). 20
relevant application, for part 4, division 4, see 21
section 36(b). 22
relevant local government-- 23
(a) for a project, for part 4, see section 24; or 24
(b) for a prescribed decision, for part 5A, see 25
section 76D. 26
responsible entity, for a change application for a 27
development approval, means the entity that is 28
the responsible entity for the application for the 29
Planning Act. 30
(3) Schedule 2, definition building work, 'Sustainable Planning 31
Act, section 10(1)'-- 32
omit, insert-- 33
Planning Act, schedule 2 34
Page 290
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 58 Amendment of Statutory Instruments Act 1992
[s 548]
(4) Schedule 2, definition development approval, 'Sustainable'-- 1
omit. 2
(5) Schedule 2, definition operational work, 'Sustainable 3
Planning Act, section 10(1)'-- 4
omit, insert-- 5
Planning Act, schedule 2 6
(6) Schedule 2, definition reconfiguring a lot, 'Sustainable 7
Planning Act, section 10(1)'-- 8
omit, insert-- 9
Planning Act, schedule 2 10
Part 58 Amendment of Statutory 11
Instruments Act 1992 12
Clause 548 Act amended 13
This part amends the Statutory Instruments Act 1992. 14
Clause 549 Amendment of sch 2A (Subordinate legislation to which 15
part 7 does not apply) 16
Schedule 2A, 'Sustainable Planning Act 2009'-- 17
omit, insert-- 18
Planning and Environment Court Act 2015 19
Page 291
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 59 Amendment of Supreme Court of Queensland Act 1991
[s 550]
Part 59 Amendment of Supreme Court 1
of Queensland Act 1991 2
Clause 550 Act amended 3
This part amends the Supreme Court of Queensland Act 1991. 4
Clause 551 Amendment of long title 5
Long title, after 'Magistrates Courts'-- 6
insert-- 7
, and to Planning and Environment Court fees and 8
costs 9
Clause 552 Amendment of s 92 (Regulation-making power) 10
Section 92(2)(a), 'or Magistrates Courts'-- 11
omit, insert-- 12
, Magistrates Courts or Planning and Environment 13
Court 14
Part 60 Amendment of Surat Basin Rail 15
(Infrastructure Development 16
and Management) Act 2012 17
Clause 553 Act amended 18
This part amends the Surat Basin Rail (Infrastructure 19
Development and Management) Act 2012. 20
Page 292
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 61 Amendment of Torres Strait Islander Cultural Heritage Act 2003
[s 554]
Clause 554 Amendment of s 34 (Impact of change of management of 1
local government road on the railway) 2
Section 34(6), definition development approval, 'Sustainable 3
Planning Act 2009'-- 4
omit, insert-- 5
Planning Act 2015 6
Clause 555 Amendment of s 48 (Power to require information from 7
local governments) 8
Section 48(1)(b), after 'under the'-- 9
insert-- 10
Planning Act 2015 or the repealed 11
Part 61 Amendment of Torres Strait 12
Islander Cultural Heritage Act 13
2003 14
Clause 556 Act amended 15
This part amends the Torres Strait Islander Cultural Heritage 16
Act 2003. 17
Clause 557 Omission of s 89 (Cultural heritage management plan 18
needed under Planning Act) 19
Section 89-- 20
omit. 21
Page 293
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 62 Amendment of Torres Strait Islander Land Act 1991
[s 558]
Part 62 Amendment of Torres Strait 1
Islander Land Act 1991 2
Clause 558 Act amended 3
This part amends the Torres Strait Islander Land Act 1991. 4
Clause 559 Amendment of s 28B (Definitions for pt 2A) 5
Section 28B, definition planning scheme-- 6
omit, insert-- 7
planning scheme means a planning scheme 8
under the Planning Act 2015. 9
Part 63 Amendment of Transport 10
Infrastructure Act 1994 11
Clause 560 Act amended 12
This part amends the Transport Infrastructure Act 1994. 13
Clause 561 Amendment of s 42 (Impact of certain local government 14
decisions on State-controlled roads) 15
Section 42(2)-- 16
omit, insert-- 17
(2) Subsection (1) does not apply if the chief 18
executive or planning chief executive considered 19
the works or changes as part of considering-- 20
(a) an application for a development approval; 21
or 22
(b) a change application. 23
Page 294
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 562]
Clause 562 Amendment of s 49 (Assessment of impacts on 1
State-controlled roads from certain activities) 2
Section 49(1)(b)(ii)-- 3
omit, insert-- 4
(ii) development categorised under a 5
planning scheme as assessable 6
development for the Planning Act; or 7
Clause 563 Amendment of s 49A (Impact of particular development 8
and State-controlled roads) 9
(1) Section 49A(1)-- 10
omit, insert-- 11
(1) This section applies if the chief executive is-- 12
(a) a referral agency for a development 13
application; or 14
(b) the responsible entity or a referral agency 15
for a change application. 16
(2) Section 49A(3), 'assessment manager or referral agency'-- 17
omit, insert-- 18
responsible entity or referral agency 19
(3) Section 49A(4), 'section 282 and chapter 6, part 5, division 20
2'-- 21
omit, insert-- 22
sections 55, 81 and 82 23
Clause 564 Amendment of s 74 (Cases where compensation not 24
payable) 25
(1) Section 74(6), definition development, 'section 7'-- 26
omit, insert-- 27
schedule 2 28
Page 295
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 565]
(2) Section 74(6), definition premises, 'schedule 3'-- 1
omit, insert-- 2
schedule 2 3
Clause 565 Amendment of s 75 (Conditions in development approval) 4
Section 75(b)-- 5
omit, insert-- 6
(b) the conditions were included because of a 7
referral agency's response under the 8
Planning Act given by the chief executive; 9
and 10
Clause 566 Amendment of s 85B (Application of Queensland 11
Heritage Act 1992 for development for a franchised road) 12
Section 85B(3), definition development, 'section 7'-- 13
omit, insert-- 14
schedule 2 15
Clause 567 Amendment of s 93A (Application of Queensland 16
Heritage Act 1992 for development for a toll road) 17
Section 93A(3), definition development, 'section 7'-- 18
omit, insert-- 19
schedule 2 20
Clause 568 Amendment of s 247 (Chief executive taken to be owner 21
of rail corridor land and non-rail corridor land for 22
particular circumstances under Planning Act) 23
Section 247(1)-- 24
omit, insert-- 25
(1) This section applies if-- 26
Page 296
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 569]
(a) the planning Minister or a local government 1
proposes to make, amend, extend the 2
duration of or repeal a designation of 3
premises under the Planning Act, chapter 2, 4
part 5 and the premises is, or includes, rail 5
corridor land or non-rail corridor land; or 6
(b) an application made under the Planning 7
Act-- 8
(i) relates to rail corridor land or non-rail 9
corridor land; and 10
(ii) must, under that Act, be accompanied 11
by evidence of the consent of the owner 12
of the premises to which the 13
application relates, to the making of the 14
application; or 15
(c) an application made under the Planning Act 16
relates to rail corridor land or non-rail 17
corridor land, or premises that adjoin that 18
land, and the applicant must, under that Act, 19
give notice of the application to-- 20
(i) the owner of the premises to which the 21
application relates; or 22
(ii) the owner of premises adjoining the 23
premises to which the application 24
relates. 25
Clause 569 Amendment of s 258 (Impact of particular development 26
and railways) 27
(1) Section 258(1)-- 28
omit, insert-- 29
(1) This section applies if the chief executive is-- 30
(a) the assessment manager or a referral agency 31
for a development application; or 32
Page 297
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 570]
(b) the responsible entity or a referral agency 1
for a change application. 2
(2) Section 258(3), 'assessment manager or referral agency'-- 3
omit, insert-- 4
assessment manager, responsible entity or 5
referral agency 6
(3) Section 258(4), 'section 282 and chapter 6, part 5, division 7
2'-- 8
omit, insert-- 9
sections 55, 81 and 82 10
Clause 570 Amendment of s 258A (Impact of change of management 11
of local government road on railways) 12
Section 258A(5)-- 13
omit, insert-- 14
(5) This section does not apply if the chief executive 15
or planning chief executive considered the 16
proposed change to the management of the local 17
government road as part of considering-- 18
(a) an application for a development approval; 19
or 20
(b) a change application. 21
Clause 571 Amendment of s 258B (Guidelines for ss 258-258A) 22
Section 258B(1)(a)-- 23
omit, insert-- 24
(a) planning for, or carrying out, development 25
under the Planning Act; or 26
Page 298
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 572]
Clause 572 Amendment of s 283I (Definitions for pt 3C) 1
(1) Section 283I, definitions Brisbane port railway land, 2
community infrastructure designation, planning chief 3
executive, priority infrastructure plan and valuable features-- 4
omit. 5
(2) Section 283I-- 6
insert-- 7
code assessment see the Planning Act, section 8
45(3). 9
impact assessment see the Planning Act, section 10
45(5). 11
infrastructure designation means a designation 12
of premises under the Planning Act, chapter 2, 13
part 5. 14
LGIP, of a local government, means the local 15
government's LGIP under the Planning Act. 16
(3) Section 283I, definition minor amendment (LUP), paragraph 17
(a)(viii), from 'a State planning regulatory provision'-- 18
omit, insert-- 19
the Planning Act or a State planning 20
instrument under that Act; or 21
(4) Section 283I, definition minor amendment (LUP), paragraph 22
(c)(ii), 'a community'-- 23
omit, insert-- 24
an 25
(5) Section 283I, definition planned transport infrastructure, 26
paragraph (b), 'a community'-- 27
omit, insert-- 28
an 29
(6) Section 283I, definition premises, 'schedule 3'-- 30
omit, insert-- 31
Page 299
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 573]
schedule 2 1
(7) Section 283I, definition priority infrastructure interface plan, 2
'priority infrastructure plan'-- 3
omit, insert-- 4
LGIP 5
(8) Section 283I, definition State interest, 'schedule 3'-- 6
omit, insert-- 7
schedule 2 8
(9) Section 283I, definition table of assessment, paragraph (a), 9
from 'exempt' to 'assessment'-- 10
omit, insert-- 11
accepted development 12
(10) Section 283I, definition transport reasons, paragraph (e), 13
from 'any matter' to 'Act--'-- 14
omit, insert-- 15
a matter within the powers of the chief 16
executive, or the chief executive of the 17
department in which any of the following 18
Acts is administered, as a referral agency 19
under the Planning Act-- 20
Clause 573 Amendment of s 283M (Application of Planning Act) 21
Section 283M(4) and note-- 22
omit. 23
Clause 574 Amendment of s 283S (Content of plan--mandatory 24
requirements) 25
(1) Section 283S(4)(a), from 'exempt' to 'assessment'-- 26
omit, insert-- 27
accepted development 28
Page 300
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 575]
(2) Section 283S(5)-- 1
insert-- 2
(d) state the assessment benchmarks for the 3
Planning Act that assessable development 4
under the Brisbane port LUP must be 5
assessed against. 6
Clause 575 Section 283T (Content of plan--matters about 7
development) 8
(1) Section 283T(3), 'exempt development or self-assessable'-- 9
omit, insert-- 10
accepted 11
(2) Section 283T(4), from 'exempt development' to 'compliance 12
assessment,'-- 13
omit, insert-- 14
accepted development 15
(3) Section 283T(5)(a), from 'exempt' to 'compliance 16
assessment'-- 17
omit, insert-- 18
accepted development 19
(4) Section 283T(5)(b)-- 20
omit, insert-- 21
(b) development is assessable development for 22
the Planning Act if a regulation made under 23
section 43(4)(b) of that Act prohibits local 24
categorising instruments, as defined in that 25
Act, from doing so; or 26
(5) Section 283T(5)(c)(ii)-- 27
omit, insert-- 28
Page 301
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 576]
(ii) development categorised as accepted 1
development under a regulation made 2
under the Planning Act; or 3
(6) Section 283T(6) and (7)-- 4
omit. 5
Clause 576 Amendment of s 283X (When plan must include priority 6
infrastructure interface plan) 7
(1) Section 283X(a) and (b), after 'priority infrastructure plan'-- 8
insert-- 9
under the repealed Sustainable Planning Act 10
2009 11
(2) After section 283X(b)-- 12
insert-- 13
Note-- 14
On and from 1 July 2014, a local government's priority 15
infrastructure plan under the repealed Sustainable 16
Planning Act 2009 became the local government's LGIP 17
under that Act. See section 982 of that repealed Act. 18
Clause 577 Amendment of s 283ZI (Recording matters about 19
Brisbane port LUP) 20
Section 283ZI(2)-- 21
omit, insert-- 22
(2) A record made under subsection (1) is not an 23
amendment of the planning scheme. 24
Clause 578 Amendment of s 283ZL (Effect of land ceasing to be 25
Brisbane core port land) 26
Section 283ZL(7)-- 27
omit, insert-- 28
Page 302
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 579]
(7) To the extent subsection (5) is inconsistent with 1
any regulated requirements prescribed by 2
regulation under the Planning Act, section 16(2), 3
subsection (5) prevails. 4
Clause 579 Amendment of s 283ZM (Reconfiguring a lot) 5
Section 283ZM(2), 'exempt'-- 6
omit, insert-- 7
accepted 8
Clause 580 Replacement of ss 283ZN and 283ZO 9
Sections 283ZN and 283ZO-- 10
omit, insert-- 11
283ZN Port prohibited development 12
(1) A development application or change application 13
can not be made in relation to development on 14
Brisbane core port land that is port prohibited 15
development. 16
(2) If a development application or change 17
application relates to port prohibited 18
development-- 19
(a) the application is taken not to have been 20
made; and 21
(b) the development assessment process under 22
the Planning Act does not apply to the 23
application. 24
283ZO Code assessment under Brisbane port LUP 25
(1) This section applies to any part of a development 26
application or change application requiring code 27
assessment under the Brisbane port LUP for port 28
related development. 29
Page 303
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 581]
(2) The part must be approved under the Planning 1
Act if the port related development-- 2
(a) is consistent with the Brisbane port LUP; 3
and 4
(b) complies with the assessment benchmarks 5
under the Planning Act for the development. 6
(3) Subsection (2) is subject to any requirements for 7
the part required by a referral agency. 8
Clause 581 Replacement of ch 8, pt 3C, div 5, sdiv 2, hdg (Provisions 9
about assessment manager and referral agencies) 10
Chapter 8, part 3C, division 5, subdivision 2, heading-- 11
omit, insert-- 12
Subdivision 2 Provisions about local 13
heritage places and 14
infrastructure 15
contributions 16
Clause 582 Omission of ss 283ZP-283ZU 17
Sections 283ZP to 283ZU-- 18
omit. 19
Clause 583 Amendment of s 283ZV (Assessment and referrals for 20
heritage places) 21
(1) Section 283ZV, heading-- 22
omit, insert-- 23
283ZV Development on heritage places 24
(2) Section 283ZV(1), from 'prescribed'-- 25
omit, insert-- 26
categorised as assessable development by a 27
regulation made under that Act. 28
Page 304
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 584]
(3) Section 283ZV(3), 'any referral agency jurisdiction'-- 1
omit, insert-- 2
a function or power of a referral agency 3
Clause 584 Omission of ss 283ZW-283ZY 4
Sections 283ZW to 283ZY-- 5
omit. 6
Clause 585 Amendment of s 283ZZA (Particular provisions of 7
Planning Act do not apply in relation to Brisbane core 8
port land) 9
(1) Section 283ZZA(1), 'section 714'-- 10
omit, insert-- 11
section 262 12
(2) Section 283ZZA(1), note-- 13
omit. 14
(3) Section 283ZZA(2), 'chapter 9, part 3'-- 15
omit, insert-- 16
chapter 2, part 4, division 2 17
Clause 586 Replacement of ss 283ZZB and 283ZZC 18
Sections 283ZZB and 283ZZC-- 19
omit, insert-- 20
283ZZB Modified application of Planning Act, s 264 21
(1) A person may apply to the planning chief 22
executive for a planning and development 23
certificate, under the Planning Act, section 264, 24
for premises on Brisbane core port land. 25
(2) The application must be accompanied by the fee 26
prescribed by regulation. 27
Page 305
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 586]
(3) For subsection (1)-- 1
(a) the Planning Act, section 264(3) applies as 2
if a reference in the subsection to a local 3
government were a reference to the planning 4
chief executive; and 5
(b) a regulation made under the Planning Act, 6
section 264(4) applies-- 7
(i) as if a reference in the regulation to a 8
local government were a reference to 9
the planning chief executive; and 10
(ii) as if a reference in the regulation to any 11
planning scheme were a reference to 12
the Brisbane port LUP; and 13
(iii) as if a reference in the regulation to any 14
LGIP were a reference to any 15
contributions schedule under the 16
Brisbane port LUP; and 17
(iv) as if the regulation provides that a 18
planning and development certificate 19
also be accompanied by the statement 20
of proposal, or draft plan, for which the 21
port operator published a notice under 22
section 283ZB(2), if the draft plan has 23
not yet been approved under section 24
283ZE; and 25
(v) with other necessary changes. 26
(4) This section does not limit the Planning Act, 27
section 264. 28
283ZZC Restriction on designation of premises for 29
development of infrastructure 30
(1) Despite the Planning Act, chapter 2, part 5, only 31
the planning Minister may, under that part, make 32
a designation of premises that is, or includes, 33
Brisbane core port land. 34
Page 306
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 587]
(2) Development carried out on premises that are 1
subject to a designation under the Planning Act is 2
accepted development under the Planning Act to 3
the extent the development-- 4
(a) is carried out under the designation; and 5
(b) would, other than for this subsection, be 6
assessable development for that Act under 7
the Brisbane port LUP. 8
(3) Subsection (2) does not limit the Planning Act, 9
section 44(6)(b). 10
Clause 587 Omission of s 283ZZD (Restriction on application of 11
master plan) 12
Section 283ZZD-- 13
omit. 14
Clause 588 Amendment of ch 8, pt 3C, div 5, sdiv 7, hdg (Dealing with 15
development applications affected by change) 16
Chapter 8, part 3C, division 5, subdivision 7, heading, 17
'development'-- 18
omit, insert-- 19
particular 20
Clause 589 Amendment of s 283ZZJ (Particular development 21
applications--Brisbane core port land) 22
(1) Section 283ZZJ, heading, 'development'-- 23
omit. 24
(2) Section 283ZZJ(1), 'for--'-- 25
omit, insert-- 26
, or change application, relating to-- 27
(3) Section 283ZZJ(1)(a)(ii)-- 28
Page 307
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 589]
omit, insert-- 1
(ii) the Port of Brisbane Corporation is-- 2
(A) if the application is a development 3
application--the assessment 4
manager for the application; or 5
(B) if the application is a change 6
application--the responsible 7
entity for the application; or 8
(4) Section 283ZZJ(2)-- 9
omit, insert-- 10
(2) On the relevant day for the application-- 11
(a) the planning chief executive is taken to be, 12
for the Planning Act-- 13
(i) if the application is a development 14
application--the assessment manager 15
for the application; or 16
(ii) if the application is a change 17
application--the responsible entity for 18
the application; and 19
(b) the development assessment process stops 20
for the application. 21
(5) Section 283ZZJ(3), 'a development'-- 22
omit, insert-- 23
an 24
(6) Section 283ZZJ(4)-- 25
omit, insert-- 26
(4) As soon as practicable after the relevant day for 27
an application to which subsection (1)(b) applies, 28
the assessment manager or responsible entity for 29
the application must give the application to the 30
planning chief executive. 31
(7) Section 283ZZJ(5) and (6), 'or assessment manager'-- 32
Page 308
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 590]
omit, insert-- 1
, assessment manager or responsible entity 2
(8) Section 283ZZJ(8), 'IDAS process'-- 3
omit, insert-- 4
development assessment process 5
(9) Section 283ZZJ(11), definition relevant day, 'a 6
development'-- 7
omit, insert-- 8
an 9
(10) Section 283ZZJ(11)-- 10
insert-- 11
change application does not include a change 12
application for a minor change to a development 13
approval, as defined in the Planning Act. 14
Clause 590 Amendment of s 283ZZK (Particular development 15
applications--balance port land or former Brisbane core 16
port land) 17
(1) Section 283ZZK, heading, 'development'-- 18
omit. 19
(2) Section 283ZZK(1), 'for--'-- 20
omit, insert-- 21
, or change application, relating to-- 22
(3) Section 283ZZK(1)(a)(ii)-- 23
omit, insert-- 24
(ii) the Port of Brisbane Corporation is-- 25
(A) if the application is a development 26
application--the assessment 27
manager for the application; or 28
Page 309
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 590]
(B) if the application is a change 1
application--the responsible 2
entity for the application; or 3
(4) Section 283ZZK(2)-- 4
omit, insert-- 5
(2) On the relevant day for the land-- 6
(a) if the land is in the Northshore Hamilton 7
urban development area under the Economic 8
Development Act 2012--MEDQ under that 9
Act is taken to be, for the Planning Act-- 10
(i) if the application is a development 11
application--the assessment manager 12
for the application; or 13
(ii) if the application is a change 14
application--the responsible entity for 15
the application; and 16
(b) if the land is not in the area mentioned in 17
paragraph (a)--the local government for the 18
area that adjoins the land, or in which the 19
land is situated, is taken to be, for the 20
Planning Act-- 21
(i) if the application is a development 22
application--the assessment manager 23
for the application; or 24
(ii) if the application is a change 25
application--the responsible entity for 26
the application; and 27
(c) the development assessment process stops 28
for the application. 29
(5) Section 283ZZK(3) to (6), (7)(b) and (9), 'assessment 30
manager'-- 31
omit, insert-- 32
decision-maker 33
Page 310
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 591]
(6) Section 283ZZK(7), 'IDAS process'-- 1
omit, insert-- 2
development assessment process 3
(7) Section 283ZZK(10), definitions former assessment manager 4
and new assessment manager-- 5
omit. 6
(8) Section 283ZZK(10)-- 7
insert-- 8
change application does not include a change 9
application for a minor change to a development 10
approval, as defined in the Planning Act. 11
former decision-maker means-- 12
(a) for a development application or change 13
application to which subsection (1)(a) 14
applies--the Port of Brisbane Corporation; 15
or 16
(b) for a development application or change 17
application to which subsection (1)(b) 18
applies--the planning chief executive. 19
new decision-maker means-- 20
(a) for a development application--the entity 21
that, under subsection (2)(a)(i) or (b)(i), is 22
taken to be the assessment manager for the 23
application; or 24
(b) for a change application--the entity that, 25
under subsection (2)(a)(ii) or (b)(ii), is taken 26
to be the responsible entity for the 27
application. 28
Clause 591 Amendment of s 284 (Definitions for div 1) 29
Section 284, definition valuable features-- 30
omit. 31
Page 311
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 592]
Clause 592 Amendment of s 287 (Strategic port land not subject to 1
local planning instrument) 2
Section 287(2), 'chapter 3'-- 3
omit, insert-- 4
chapter 2, part 3 5
Clause 593 Amendment of s 287A (Impact of particular development 6
and port operations) 7
(1) Section 287A(1)-- 8
omit, insert-- 9
(1) This section applies if the Minister is-- 10
(a) a referral agency for a development 11
application; or 12
(b) the responsible entity or a referral agency 13
for a change application. 14
(2) Section 287A(3)-- 15
omit, insert-- 16
(3) For performing the Minister's functions as the 17
responsible entity or a referral agency, the 18
Minister must consider the extent to which the 19
proposed development satisfies the purpose 20
mentioned in subsection (2). 21
(3) Section 287A(4), 'section 282 and chapter 6, part 5, division 22
2'-- 23
omit, insert-- 24
sections 55, 81 and 82 25
Clause 594 Amendment of s 287B (Guidelines for s 287A) 26
Section 287B(1), 'Sustainable Planning Act 2009'-- 27
omit, insert-- 28
Planning Act 29
Page 312
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 595]
Clause 595 Amendment of s 476 (Amounts payable are debts owing 1
to the State) 2
Section 476, after 'this Act'-- 3
insert-- 4
, the repealed Sustainable Planning Act 2009 5
Clause 596 Amendment of s 477A (Power to deal with particular land) 6
(1) Section 477A(1)(b)-- 7
omit, insert-- 8
(b) to provide infrastructure of a type prescribed 9
by regulation under the Planning Act, 10
section 35(1). 11
(2) Section 477A(2), definition community infrastructure-- 12
omit. 13
Clause 597 Amendment of s 477AA (Chief executive taken to be 14
owner of particular transport land for particular 15
circumstances under Planning Act) 16
(1) Section 477AA(1)-- 17
omit, insert-- 18
(1) This section applies if-- 19
(a) the planning Minister or a local government 20
proposes to make, amend, extend or repeal a 21
designation of premises under the Planning 22
Act, chapter 2, part 5 and the premises are, 23
or include, transport land; or 24
(b) an application made under the Planning 25
Act-- 26
(i) relates to transport land; and 27
(ii) must, under that Act, be accompanied 28
by evidence of the consent, of the 29
owner of the premises to which the 30
Page 313
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 598]
application relates, to the making of the 1
application; or 2
(c) an application made under the Planning Act 3
relates to transport land, or premises that 4
adjoin transport land, and the applicant for 5
the application must, under that Act, give 6
notice of the application to-- 7
(i) the owner of the premises to which the 8
application relates; or 9
(ii) the owner of premises adjoining the 10
premises to which the application 11
relates. 12
(2) Section 477AA(2), 'land that is'-- 13
omit. 14
Clause 598 Amendment of s 513 (Continuing application of previous 15
provisions to non-IDAS applications) 16
(1) Section 513, heading, 'non-IDAS'-- 17
omit, insert-- 18
particular 19
(2) Section 513(1)(b), 'or the Sustainable Planning Act 2009'-- 20
omit, insert-- 21
, the repealed Sustainable Planning Act 22
2009 or the Planning Act 2015 23
Clause 599 Insertion of new ch 21, pt 5 24
Chapter 21-- 25
insert-- 26
Page 314
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 599]
Part 5 Transitional provisions 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
583 Definitions for part 6
In this part-- 7
amending Act means the Planning 8
(Consequential) and Other Legislation 9
Amendment Act 2015. 10
former, in relation to a provision, means the 11
provision as in force immediately before the 12
provision was amended or repealed under the 13
amending Act. 14
584 Existing particular development applications 15
(1) Subsection (2) applies an existing development 16
application mentioned in former section 49A. 17
(2) Former section 49A continues to apply in relation 18
to the application as if the amending Act had not 19
been enacted. 20
(3) Subsection (4) applies to an existing development 21
application mentioned in former section 258(1). 22
(4) Former section 258(1) continues to apply in 23
relation to the application as if the amending Act 24
had not been enacted. 25
(5) Subsection (6) applies to an existing development 26
application mentioned in former chapter 8, part 27
3C. 28
(6) Former chapter 8, part 3C continues to apply in 29
relation to the application as if the amending Act 30
had not been enacted. 31
Page 315
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 600]
(7) Subsection (8) applies to an existing development 1
application mentioned in former section 2
287A(1). 3
(8) Former section 287A continues to apply in 4
relation to the application as if the amending Act 5
had not been enacted. 6
(9) In this section-- 7
existing development application means an 8
application made under the repealed Sustainable 9
Planning Act 2009, to which the Planning Act, 10
section 287 applies. 11
585 References to Brisbane port railway land 12
(1) This section applies to a reference in a document 13
made before the commencement to Brisbane port 14
railway land if the document defines, or in effect 15
defines, the term 'Brisbane port railway land' as 16
having the meaning given in this Act. 17
(2) The reference may, if the context permits, be 18
taken as a reference to Brisbane port railway land 19
as defined in former section 283I. 20
Clause 600 Amendment of sch 6 (Dictionary) 21
(1) Schedule 6, definitions advice agency, Brisbane port railway 22
land, community infrastructure, community infrastructure 23
designation, concurrence agency, IDAS, IDAS process, 24
Planning Act, planning Minister, priority infrastructure plan 25
and valuable features-- 26
omit. 27
(2) Schedule 6-- 28
insert-- 29
change application means a change application 30
under the Planning Act. 31
Page 316
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 63 Amendment of Transport Infrastructure Act 1994
[s 600]
code assessment, for chapter 8, part 3C, see 1
section 283I. 2
development assessment process see the 3
Planning Act, schedule 2. 4
impact assessment, for chapter 8, part 3C, see 5
section 283I. 6
infrastructure designation, for chapter 8, part 7
3C, see section 283I. 8
LGIP, of a local government, for chapter 8, part 9
3C, see section 283I. 10
Planning Act means the Planning Act 2015. 11
planning Minister, for chapter 8, part 3C, see 12
section 283I. 13
responsible entity, for a change application, see 14
the Planning Act, section 78(3). 15
valuable features includes each of the following, 16
whether terrestrial or aquatic-- 17
(a) resources or areas of ecological 18
significance, including, for example, 19
habitats, wildlife corridors, buffer zones, 20
places supporting biological diversity or 21
resilience, and features contributing to the 22
quality of air, water (including catchments 23
or recharge areas) and soil; 24
(b) areas contributing significantly to amenity, 25
including, for example, areas of high scenic 26
value, physical features that form significant 27
visual backdrops or that frame or define 28
places or localities, and attractive built 29
environments; 30
(c) areas or places of cultural heritage 31
significance, including, for example, areas 32
or places of indigenous cultural 33
significance, or aesthetic, architectural, 34
historical, scientific, social or technological 35
Page 317
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 64 Amendment of Transport Planning and Coordination Act 1994
[s 601]
significance, to the present generation or 1
past or future generations; 2
(d) resources or areas of economic value, 3
including, for example, extractive deposits, 4
fishery resources, forestry resources, water 5
resources, sources of renewable and 6
non-renewable energy and good quality 7
agricultural land. 8
(3) Schedule 6, definition material change of use, 'section 10'-- 9
omit, insert-- 10
schedule 2 11
(4) Schedule 6, definition operational work, 'section 10(1)'-- 12
omit, insert-- 13
schedule 2 14
(5) Schedule 6, definition reconfiguring a lot, 'section 10'-- 15
omit, insert-- 16
schedule 2 17
Part 64 Amendment of Transport 18
Planning and Coordination Act 19
1994 20
Clause 601 Act amended 21
This part amends the Transport Planning and Coordination 22
Act 1994. 23
Clause 602 Amendment of s 8B (Impact of particular development on 24
public passenger transport or active transport) 25
(1) Section 8B(1)-- 26
Page 318
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 64 Amendment of Transport Planning and Coordination Act 1994
[s 603]
omit, insert-- 1
(1) This section applies if the chief executive is-- 2
(a) a referral agency under the Planning Act for 3
a development application under that Act; or 4
(b) the responsible entity or a referral agency 5
under the Planning Act for a change 6
application under that Act. 7
(2) Section 8B(2), 'assessment manager'-- 8
omit, insert-- 9
responsible entity 10
(3) Section 8B(3), from 'Sustainable'-- 11
omit, insert-- 12
Planning Act, sections 55, 81 and 82. 13
Clause 603 Amendment of s 8C (Impact of road works on local 14
government road) 15
(1) Section 8C(2), 'for IDAS'-- 16
omit, insert-- 17
, prescribed by regulation for this section, about 18
road works on local government roads, 19
(2) Section 8C(3) and (4), 'for IDAS'-- 20
omit. 21
Clause 604 Amendment of s 8D (Impact of change of management of 22
local government road on public passenger transport) 23
(1) Section 8D(8)(a)-- 24
omit, insert-- 25
(a) the chief executive or planning chief 26
executive has considered the change of 27
management of the local government road 28
as part of considering an application for a 29
Page 319
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 64 Amendment of Transport Planning and Coordination Act 1994
[s 605]
development approval, or a change 1
application, under the Planning Act; or 2
(2) Section 8D-- 3
insert-- 4
(9) In this section-- 5
planning chief executive means the chief 6
executive of the department in which the 7
Planning Act is administered. 8
Clause 605 Amendment of s 8E (Guidelines for pt 2A) 9
Section 8E(3)(a), 'Sustainable Planning Act 2009'-- 10
omit, insert-- 11
Planning Act 12
Clause 606 Amendment of s 38 (Regulation-making power) 13
Section 38(2)(a), 'for IDAS'-- 14
omit. 15
Clause 607 Amendment of sch 1 (Dictionary) 16
(1) Schedule 1, definition IDAS-- 17
omit. 18
(2) Schedule 1-- 19
insert-- 20
Planning Act means the Planning Act 2015. 21
Page 320
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 65 Amendment of Transport (South Bank Corporation Area Land) Act 1999
[s 608]
Part 65 Amendment of Transport 1
(South Bank Corporation Area 2
Land) Act 1999 3
Clause 608 Act amended 4
This part amends the Transport (South Bank Corporation 5
Area Land) Act 1999. 6
Clause 609 Amendment of s 12 (State may sign plans and other 7
documents) 8
Section 12(3) and (4)-- 9
omit. 10
Part 66 Amendment of Vegetation 11
Management Act 1999 12
Clause 610 Act amended 13
This part amends the Vegetation Management Act 1999. 14
Clause 611 Amendment of s 3 (Purpose of Act) 15
(1) Section 3(2)(a)-- 16
omit, insert-- 17
(a) the following matters-- 18
(i) assessment benchmarks for the 19
Planning Act for the assessment of 20
assessable development that is the 21
clearing of vegetation, other than an 22
assessment carried out by the planning 23
chief executive; 24
Page 321
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 612]
(ii) for the Planning Act, the matters a 1
referral agency other than the planning 2
chief executive-- 3
(A) must or may assess a development 4
application against; or 5
(B) must or may assess a development 6
application having regard to; and 7
(2) Section 3(2)(e)-- 8
omit. 9
(3) Section 3(2)(f)-- 10
renumber as section 3(2)(e). 11
Clause 612 Amendment of s 7 (Application of Act) 12
Section 7(6) and (7)-- 13
omit. 14
Clause 613 Omission of pt 2, divs 2A and 3 15
Part 2, divisions 2A and 3-- 16
omit. 17
Clause 614 Amendment of s 16 (Preparing declaration) 18
Section 16(3)-- 19
omit, insert-- 20
(3) The proposed declaration must include-- 21
(a) proposed assessment benchmarks for the 22
assessment of development that is the 23
clearing of vegetation in the stated area; and 24
(b) proposed matters that a referral agency must 25
or may assess a development application 26
against, or having regard to. 27
Page 322
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 615]
Clause 615 Amendment of s 17 (Making declaration) 1
Section 17(2)-- 2
omit, insert-- 3
(2) The declaration must not include the matters 4
proposed under section 16(3)(a) and (b). 5
Clause 616 Omission of ss 19A-19C 6
Sections 19A to 19C-- 7
omit. 8
Clause 617 Amendment of s 19F (Making declaration) 9
Section 19F(3)-- 10
omit, insert-- 11
(3) Without limiting subsection (1), the chief 12
executive may decide not to make a declaration 13
for the stated area if the chief executive considers 14
the making of the declaration is not in the 15
interests of the State, having regard to the public 16
interest. 17
Clause 618 Omission of s 19H (Code for clearing of vegetation) 18
Section 19H-- 19
omit. 20
Clause 619 Amendment of pt 2, div 4A, hdg (Code for clearing 21
vegetation for special indigenous purpose) 22
Part 2, division 4A, heading, 'Code for clearing'-- 23
omit, insert-- 24
Clearing 25
Page 323
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 620]
Clause 620 Replacement of s 19N (Code for clearing vegetation for 1
special indigenous purpose) 2
Section 19N-- 3
omit, insert-- 4
19N Draft matters for assessing development 5
application for clearing of vegetation for 6
special indigenous purpose 7
(1) The Minister may prepare a document stating 8
draft assessment matters for development that-- 9
(a) involves, or relates to, the clearing of 10
vegetation; and 11
(b) the Minister is satisfied is for a special 12
indigenous purpose under the CYPH Act. 13
(2) In preparing the document, the Minister-- 14
(a) must consult with-- 15
(i) the relevant landholders; and 16
(ii) the Cape York Peninsula Regional 17
Advisory Committee; and 18
(b) may, for example, consider any matter stated 19
in the CYPH Act, section 18 or 19 the 20
Minister considers is relevant to the clearing 21
of vegetation for development. 22
(3) In preparing assessment matters under the 23
Planning Act, the document may be considered, 24
but otherwise does not affect the preparation or 25
making of assessment matters under that Act. 26
(4) In this section-- 27
assessment matters means-- 28
(a) assessment benchmarks for assessing 29
development under the Planning Act; and 30
(b) the matters a referral agency must or may 31
assess a development application against, or 32
having regard to. 33
Page 324
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 621]
Cape York Peninsula Regional Advisory 1
Committee means the Cape York Peninsula 2
Regional Advisory Committee established under 3
the CYPH Act. 4
Cape York Peninsula Region means the Cape 5
York Peninsula Region under the CYPH Act. 6
DOGIT land means DOGIT land under the 7
Aboriginal Land Act 1991. 8
relevant landholders means-- 9
(a) the land trusts for Aboriginal land, under the 10
Aboriginal Land Act 1991, that is in the 11
Cape York Peninsula Region; and 12
(b) the Aurukun Shire Council; and 13
(c) the trustees, under the Land Act 1994, of 14
DOGIT land in the Cape York Peninsula 15
Region. 16
Clause 621 Replacement of pt 2, div 4B, hdg (Self-assessable codes) 17
Part 2, division 4B, heading-- 18
omit, insert-- 19
Division 4B Accepted development 20
Clause 622 Amendment of s 19O (Self-assessable vegetation 21
clearing code) 22
(1) Section 19O, heading, 'Self-assessable'-- 23
omit, insert-- 24
Accepted development 25
(2) Section 19O(1) and (2), 'a self-assessable'-- 26
omit, insert-- 27
an accepted development 28
(3) Section 19O(3) and (4), 'A self-assessable'-- 29
Page 325
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 623]
omit, insert-- 1
An accepted development 2
Clause 623 Amendment of s 19P (When self-assessable vegetation 3
clearing code takes effect) 4
(1) Section 19P, heading, 'self-assessable'-- 5
omit, insert-- 6
accepted development 7
(2) Section 19P, 'A self-assessable'-- 8
omit, insert-- 9
An accepted development 10
Clause 624 Amendment of s 19Q (Code compliant clearing and native 11
forest practices self-assessable) 12
(1) Section 19Q, heading-- 13
omit, insert-- 14
19Q When code compliant clearing and conduct of 15
native forest practices are accepted 16
development, assessable development or 17
prohibited development for Planning Act 18
(2) Section 19Q(1), 'a self-assessable'-- 19
omit, insert-- 20
an accepted development 21
(3) Section 19Q(2) and note-- 22
omit, insert-- 23
(2) For the Planning Act, the activity is-- 24
(a) accepted development to the extent the 25
activity complies with the code; or 26
(b) assessable development to the extent-- 27
Page 326
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 625]
(i) the activity does not comply with the 1
code; and 2
(ii) any vegetation clearing application for 3
the activity would be for a relevant 4
purpose under section 22A; or 5
(c) prohibited development under that Act to 6
the extent-- 7
(i) the activity does not comply with the 8
code; and 9
(ii) any vegetation clearing application for 10
the activity would not be for a relevant 11
purpose under section 22A. 12
Note-- 13
For an offence relating to carrying out assessable 14
development without a development permit under the 15
Planning Act and an exemption from the offence, see 16
chapter 5, part 2 of that Act. 17
Clause 625 Amendment of s 19R (Register of self-assessable notices 18
given under code) 19
(1) Section 19R, heading, 'self-assessable'-- 20
omit, insert-- 21
accepted development 22
(2) Section 19R(1), 'a self-assessable'-- 23
omit, insert-- 24
an accepted development 25
Clause 626 Omission of pt 2, div 5 (Declarations about codes) 26
Part 2, division 5-- 27
omit. 28
Page 327
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 627]
Clause 627 Amendment of s 20AH (Deciding to show particular areas 1
as category B areas) 2
Section 20AH(c)(ii)-- 3
omit, insert-- 4
(ii) has been subject to clearing of 5
vegetation, or conducting a native 6
forest practice, under an accepted 7
development vegetation clearing code 8
on a category B area; or 9
Clause 628 Amendment of s 20AI (Deciding to show particular areas 10
as category C areas) 11
Section 20AI(a), 'a self-assessable'-- 12
omit, insert-- 13
an accepted development 14
Clause 629 Amendment of s 20CA (Process before making PMAV) 15
(1) Section 20CA(2)(a), 'was exempt development'-- 16
omit, insert-- 17
did not require a development permit under 18
the Planning Act 19
(2) Section 20CA(2)(d), 'a self-assessable'-- 20
omit, insert-- 21
an accepted development 22
Clause 630 Amendment of s 20D (When PMAV may be replaced) 23
Section 20D(3A)(c), 'a self-assessable'-- 24
omit, insert-- 25
an accepted development 26
Page 328
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 631]
Clause 631 Amendment of s 20P (Criteria for approving draft plan or 1
accrediting planning document) 2
Section 20P(e)(ii)-- 3
omit, insert-- 4
(ii) assessment benchmarks (the clearing 5
assessment benchmark) that the 6
planning chief executive must, under 7
the Planning Act, assess development 8
that is the clearing of vegetation 9
against; 10
(iii) a matter (a referral matter) that a 11
referral agency must or may assess a 12
development application for the 13
clearing of vegetation against, or 14
having regard to. 15
Clause 632 Amendment of s 20R (Imposing additional condition on 16
approval of draft plan) 17
Section 20R(2)(b)(ii)-- 18
omit, insert-- 19
(ii) the clearing assessment benchmarks; or 20
(iii) a referral matter. 21
Clause 633 Amendment of s 20UA (Chief executive may make area 22
management plans) 23
Section 20UA(2)(d)(ii)-- 24
omit, insert-- 25
(ii) the clearing assessment benchmarks; 26
(iii) a referral matter. 27
Clause 634 Amendment of s 20ZB (Amendment by chief executive) 28
Section 20ZB(1)(b)(i) and (ii) and examples-- 29
Page 329
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 635]
omit, insert-- 1
(i) has become inconsistent with the State 2
policy; or 3
(ii) has become inconsistent with the 4
clearing assessment benchmarks or 5
referral matter; or 6
(iii) will become inconsistent with the State 7
policy, the clearing assessment 8
benchmarks or a referral matter if the 9
plan is not amended; or 10
Examples-- 11
1 An area management plan becomes inconsistent with 12
the clearing assessment benchmarks because of a 13
change to the clearing assessment benchmarks. 14
2 An existing planning document accredited as an area 15
management plan becomes inconsistent with the 16
clearing assessment benchmarks because of an 17
amendment of the document. 18
Clause 635 Replacement of pt 2, div 6, sdiv 1, hdg (Modifying effect 19
of Planning Act) 20
Part 2, division 6, subdivision 1, heading-- 21
omit, insert-- 22
Subdivision 1 Relevant purposes 23
Clause 636 Omission of ss 21 and 22 24
Sections 21 and 22-- 25
omit. 26
Clause 637 Amendment of s 22A (Particular vegetation clearing 27
applications may be assessed) 28
(1) Section 22A, heading-- 29
omit, insert-- 30
Page 330
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 638]
22A When vegetation clearing application is for a 1
relevant purpose 2
(2) Section 22A(1), 'for the Planning Act, schedule 1, item 3'-- 3
omit. 4
(3) Section 22A(2C)-- 5
omit. 6
Clause 638 Omission of ss 22B-22D 7
Sections 22B to 22D-- 8
omit. 9
Clause 639 Replacement of pt 2, div 6, sdiv 1A, hdg (Particular 10
vegetation clearing applications) 11
Part 2, division 6, subdivision 1A, heading-- 12
omit, insert-- 13
Subdivision 1A High value agriculture 14
clearing and irrigated high 15
value agriculture clearing 16
Clause 640 Omission of s 22DAA (Application of subdivision) 17
Section 22DAA-- 18
omit. 19
Clause 641 Amendment of s 22DAB (Requirements for making 20
application) 21
(1) Section 22DAB, heading-- 22
omit, insert-- 23
22DAB Restrictions on clearing 24
(2) Section 22DAB(1) and (2)-- 25
omit. 26
Page 331
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 642]
(3) Section 22DAB(3), 'For subsection (2)(f), a'-- 1
omit, insert-- 2
A 3
Clause 642 Amendment of s 22DAC (Matters for deciding application) 4
(1) Section 22DAC, heading-- 5
omit, insert-- 6
22DAC When chief executive may be satisfied 7
vegetation clearing application is for irrigated 8
or high value agriculture clearing 9
(2) Section 22DAC(1), ', having regard to the development plan, 10
the'-- 11
omit, insert-- 12
a 13
(3) Section 22DAC(1)(e), 'section 22DAB(2)(f)'-- 14
omit, insert-- 15
section 22DAB 16
Clause 643 Omission of pt 2, div 6, sdiv 2 (Referral agency 17
assessment and responses) 18
Part 2, division 6, subdivision 2-- 19
omit. 20
Clause 644 Omission of pt 2, div 7 (Broadscale applications and 21
ballots) 22
Part 2, division 7-- 23
omit. 24
Clause 645 Omission of pt 2, div 8 (Miscellaneous) 25
Part 2, division 8-- 26
Page 332
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 646]
omit. 1
Clause 646 Amendment of s 61 (Ability to prosecute under other 2
Acts) 3
Section 61(a)-- 4
omit, insert-- 5
(a) a development offence under the Planning 6
Act or the repealed Sustainable Planning 7
Act 2009; 8
Clause 647 Amendment of s 70AB (Copies of documents to be 9
available for inspection and purchase) 10
(1) Section 70AB(1)(b), (c), (d), (f) and (g)(iii)-- 11
omit. 12
(2) Section 70AB(1)-- 13
insert-- 14
(b) an accepted development vegetation 15
clearing code; 16
(3) Section 70AB(1)(h), from 'that' to 'section 20V(2)(c)'-- 17
omit. 18
(4) Section 70AB(1)(e) to (h)-- 19
renumber as section 70AB(1)(c) to (e). 20
(5) Section 70AB(2)(b), 'subsection (1)(g)'-- 21
omit, insert-- 22
subsection (1)(d) 23
Clause 648 Amendment of s 70A (Application of development 24
approvals and exemptions for Forestry Act) 25
Section 70A(3) and (4), from 'assessable development' to 'section 26
232(1)'-- 27
Page 333
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 649]
omit, insert-- 1
categorised as assessable development under a 2
regulation made under the Planning Act 3
Clause 649 Amendment of s 70B (Record of particular matters in land 4
registry) 5
(1) Section 70B(1) to (3)-- 6
omit, insert-- 7
(1) This section applies if a PMAV is made and 8
contains a category A area. 9
(2) As soon as practicable after the PMAV is made, 10
the chief executive must give the registrar of titles 11
written notice that the PMAV has been made. 12
(3) The registrar must keep records showing the 13
PMAV has been made. 14
(2) Section 70B(4), from 'approval or PMAV' to 'approval, or'-- 15
omit, insert-- 16
PMAV will show 17
(3) Section 70B(5), from 'the approval' to 'or the PMAV'-- 18
omit, insert-- 19
the PMAV 20
(4) Section 70B(5A) and (6), 'approval or'-- 21
omit. 22
(5) Section 70B(7)-- 23
omit. 24
Clause 650 Amendment of s 72 (Regulation-making power) 25
Section 72(2)-- 26
omit, insert-- 27
Page 334
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 651]
(2) A regulation may prescribe the fees that are 1
payable under this Act. 2
Clause 651 Amendment of s 74 (Existing development control plans 3
and special facilities zones) 4
Section 74(2)(b)(ii) and (iii)-- 5
omit, insert-- 6
(ii) an acknowledgement notice mentioned 7
in the repealed Integrated Planning Act 8
1997, section 3.2.5(1); or 9
(iii) a request made under the repealed 10
Sustainable Planning Act 2009, section 11
95(1), or the Planning Act, section 12
29(4)(b), that has been agreed to, or is 13
taken to have been agreed to, by the 14
local government; or 15
(iv) a development permit given for a 16
development application (superseded 17
planning scheme) under the repealed 18
Sustainable Planning Act 2009; or 19
(v) a development permit given for a 20
superseded planning scheme request 21
under the Planning Act. 22
Clause 652 Omission of ss 75-78 23
Sections 75 to 78-- 24
omit. 25
Clause 653 Omission of s 80 (Modifying effect of repealed Integrated 26
Planning Act 1997 for owner's consent) 27
Section 80-- 28
omit. 29
Page 335
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 654]
Clause 654 Amendment of s 81 (Effect on existing riverine protection 1
permits) 2
Section 81(2), from 'that is'-- 3
omit, insert-- 4
that is-- 5
(a) the clearing of vegetation; and 6
(b) categorised as assessable development 7
under a regulation made under the Planning 8
Act. 9
Clause 655 Omission of s 83 (Validation of regional vegetation 10
management codes) 11
Section 83-- 12
omit. 13
Clause 656 Omission of pt 6, div 6 (Transitional provision for 14
Sustainable Planning Act 2009) 15
Part 6, division 6-- 16
omit. 17
Clause 657 Omission of ss 90-95 18
Sections 90 to 95-- 19
omit. 20
Clause 658 Amendment of s 100 (Clearing of regulated regrowth 21
vegetation in retrospective period not an offence) 22
Section 100(1), 'Planning Act'-- 23
omit, insert-- 24
repealed Integrated Planning Act 1997 25
Page 336
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 659]
Clause 659 Omission of ss 105-106 1
Sections 105 and 106-- 2
omit. 3
Clause 660 Omission of s 108 (Appeals) 4
Section 108-- 5
omit. 6
Clause 661 Insertion of new pt 6, div 12 7
Part 6-- 8
insert-- 9
Division 12 Transitional provisions for 10
Planning (Consequential) 11
and Other Legislation 12
Amendment Act 2015 13
125 Existing self-assessable vegetation clearing 14
code continues in force 15
A self-assessable vegetation clearing code in force 16
immediately before the commencement-- 17
(a) continues in force; and 18
(b) is taken to be an accepted development 19
vegetation clearing code. 20
126 Existing vegetation clearing application or 21
existing concurrence agency application 22
(1) This section applies to an existing vegetation 23
clearing application or an existing concurrence 24
agency application. 25
(2) This Act, as in force immediately before the 26
commencement, continues to apply in relation to 27
the application as if the Planning 28
Page 337
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 661]
(Consequential) and Other Legislation 1
Amendment Act 2015 had not been enacted. 2
(3) In this section-- 3
existing concurrence agency application means 4
a concurrence agency application as defined in 5
the schedule immediately before the 6
commencement, to which the Planning Act, 7
section 287 applies. 8
existing vegetation clearing application means a 9
vegetation clearing application as defined in the 10
schedule immediately before the commencement, 11
to which the Planning Act, section 287 applies. 12
127 Declarations prepared under former s 16 or 13
made under former s 17 14
(1) A declaration made under former section 17 and 15
in force immediately before the 16
commencement-- 17
(a) continues in force; and 18
(b) is taken to be a declaration made under 19
section 17. 20
(2) Subsection (3) applies if-- 21
(a) before the commencement, the Minister 22
prepared, or started to prepare, a declaration 23
under former section 16; but 24
(b) the declaration had not been made before 25
the commencement. 26
(3) Former sections 16 and 17(1) and (3) continue to 27
apply in relation to the preparation and making of 28
the declaration. 29
(4) However, the declaration must not include a code 30
for the clearing of vegetation in the area to which 31
the declaration relates. 32
Page 338
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 662]
(5) A declaration made under subsection (3) is taken 1
to be a declaration made under section 17. 2
(6) In this section-- 3
former, in relation to a provision, means the 4
provision as in force immediately before the 5
provision was amended or repealed under the 6
Planning (Consequential) and Other Legislation 7
Amendment Act 2015. 8
Clause 662 Amendment of schedule (Dictionary) 9
(1) Schedule, definitions applicable code, ballot application 10
period, broadscale application, clearing allocation, 11
concurrence agency, concurrence agency application, 12
concurrence agency policy, currency period, declared area 13
code, development plan, exempt development, IDAS, 14
information request, material change of use, Planning Act, 15
property vegetation management plan, protected wildlife, 16
reconfiguring a lot, referral agency's response, regional 17
vegetation management code, self-assessable vegetation 18
clearing code, special clearing code and vegetation clearing 19
application-- 20
omit. 21
(2) Schedule-- 22
insert-- 23
accepted development see the Planning Act, 24
section 44(4). 25
accepted development vegetation clearing code 26
see section 19O(1) and (2). 27
assessable development see the Planning Act, 28
section 44(3). 29
assessment benchmarks see the Planning Act, 30
section 43(1)(c). 31
change application means a change application 32
under the Planning Act. 33
Page 339
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 66 Amendment of Vegetation Management Act 1999
[s 662]
clearing assessment benchmarks see section 1
20P(e)(ii). 2
minor change application means a change 3
application for a minor change to a development 4
approval, as defined in the Planning Act. 5
Planning Act means the Planning Act 2015. 6
planning chief executive means the chief 7
executive of the department in which the 8
Planning Act is administered. 9
protected wildlife means native wildlife 10
prescribed under the Nature Conservation Act as 11
endangered wildlife or vulnerable wildlife. 12
referral agency, for a development application, 13
see the Planning Act, section 54(2). 14
referral matter see section 20P(e)(iii). 15
vegetation clearing application means-- 16
(a) a development application for development 17
that involves the clearing of vegetation and 18
is categorised as assessable development 19
under a regulation made under the Planning 20
Act; or 21
(b) a change application, other than a minor 22
change application, to change a 23
development approval, as defined in that 24
Act, to approve development mentioned in 25
paragraph (a), if the development approval 26
does not already approve that development. 27
(3) Schedule, definition exchange area, from 'a 28
self-assessable'-- 29
omit, insert-- 30
an accepted development vegetation clearing 31
code in exchange for clearing vegetation under 32
the code. 33
Page 340
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 663]
(4) Schedule, definition forest practice, paragraph 1(b)(i), 1
'self-assessable'-- 2
omit, insert-- 3
accepted development 4
(5) Schedule, definition high risk species, paragraph (b)-- 5
omit, insert-- 6
(b) another plant prescribed by a regulation 7
made under the Planning Act, section 55(2) 8
to be a high risk species. 9
(6) Schedule, definition unlawfully cleared, paragraph (a), after 10
'provision,'-- 11
insert-- 12
or the repealed Sustainable Planning Act 13
2009, section 578(1), 580(1), 581(1), 582 or 14
594(1) 15
(7) Schedule, definition vegetation clearing provision, 'section 16
578(1), 580(1), 581, 582 or 594(1)'-- 17
omit, insert-- 18
section 161, 162(1), 163, 164 or 167(5) 19
Part 67 Amendment of Water Act 2000 20
Clause 663 Act amended 21
This part amends the Water Act 2000. 22
Clause 664 Amendment of ch 2, pt 2, div 1A, hdg (Authorised taking 23
of, or interference with, water without water entitlement) 24
Chapter 2, part 2, division 1A, heading, note-- 25
omit, insert-- 26
Page 341
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 665]
Note-- 1
See also the Planning Act for when a development permit is 2
required for operational work that allows taking or interfering 3
with water. 4
Clause 665 Amendment of s 46 (Content of draft water resource 5
plans) 6
Section 46(2)(d) and (e), 'assessable or self-assessable 7
development'-- 8
omit, insert-- 9
assessable development or accepted 10
development 11
Clause 666 Amendment of s 47 (Matters the Minister must consider 12
when preparing draft water resource plan) 13
Section 47(ba), 'a regional plan applies'-- 14
omit, insert-- 15
a regional plan under the Planning Act 16
applies 17
Clause 667 Amendment of s 363 (Water bores to which ch 3 applies) 18
Section 363(b), after 'Planning Act'-- 19
insert-- 20
, the repealed Sustainable Planning Act 21
2009 22
Clause 668 Amendment of s 740 (Functions and powers of 23
authorised officers) 24
(1) Section 740(1)(b)(ii)(A)-- 25
omit. 26
(2) Section 740(1)(b)(ii)(B) and (C)-- 27
Page 342
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 669]
renumber as section 740(1)(b)(ii)(A) and (B). 1
Clause 669 Amendment of s 746 (Power to enter land to monitor 2
compliance) 3
(1) Section 746(4), from 'the Planning Act'-- 4
omit, insert-- 5
a development approval is being complied with. 6
(2) Section 746-- 7
insert-- 8
(5) Subsection (4) applies only to the extent the 9
development approval relates to a matter 10
mentioned in section 740(1)(b)(ii). 11
Clause 670 Amendment of s 814 (Excavating or placing fill without 12
permit) 13
Section 814(2)(d), 'self-assessable'-- 14
omit, insert-- 15
accepted 16
Clause 671 Replacement of ch 8, pt 2, div 1, hdg (Development 17
applications) 18
Chapter 8, part 2, division 1, heading-- 19
insert-- 20
Division 1 Particular development 21
applications and change 22
applications 23
Clause 672 Replacement of ch 8, pt 2, div 1, sdiv 1, hdg (Additional 24
provisions for making development applications) 25
Chapter 8, part 2, division 1, subdivision 1, heading-- 26
Page 343
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 673]
omit, insert-- 1
Subdivision 1 Requirements for 2
particular development 3
applications and change 4
applications 5
Clause 673 Replacement of s 966 (Applications for the removal of 6
quarry material) 7
Section 966-- 8
omit, insert-- 9
966 Particular applications for removal of quarry 10
material 11
(1) This section applies if a person makes-- 12
(a) a development application for a 13
development approval for the removal of 14
quarry material from leased land; or 15
(b) a change application, other than a minor 16
change application, to change a 17
development approval that approves the 18
removal of quarry material from leased land; 19
or 20
(c) a change application, other than a minor 21
change application, to change a 22
development approval-- 23
(i) to approve the removal of quarry 24
material from leased land; and 25
(ii) that does not already approve the 26
removal of the quarry material. 27
(2) The application must be accompanied by-- 28
(a) the written consent of the lessee of the 29
leased land to arrangements about the route 30
the person may use across the lessee's land 31
for the removal of the quarry material; or 32
Page 344
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 674]
(b) if the lessee of the leased land and the 1
person can not agree on arrangements--the 2
arrangements decided by a Magistrates 3
Court. 4
(3) In this section-- 5
leased land means land leased under the Land 6
Act 1994. 7
Clause 674 Amendment of s 967 (Applications for levees) 8
(1) Section 967(1)(a)-- 9
omit, insert-- 10
(a) to development that is the construction of a 11
new levee or the modification of an existing 12
levee; and 13
(2) Section 967(2) and (3)-- 14
omit, insert-- 15
(2) A regulation may prescribe-- 16
(a) assessment benchmarks for the Planning 17
Act for the assessment of development, 18
other than an assessment carried out by the 19
chief executive of the department in which 20
that Act is administered (the planning chief 21
executive); or 22
(b) for the Planning Act, the matters a referral 23
agency under that Act, other than the 24
planning chief executive-- 25
(i) must or may assess a development 26
application against; or 27
(ii) must or may assess a development 28
application having regard to. 29
Page 345
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 675]
Clause 675 Omission of ch 8, pt 2, div 1, sdiv 2 (Additional 1
assessment criteria) 2
Chapter 8, part 2, division 1, subdivision 2-- 3
omit. 4
Clause 676 Replacement of s 972B (When an applicant may appeal to 5
Land Court) 6
Section 972B-- 7
omit, insert-- 8
972B When appeal may be made to Land Court 9
(1) This section applies if-- 10
(a) a person makes a development application 11
or change application, other than a minor 12
change application, relating to operational 13
work for taking or interfering with water; 14
and 15
(b) the operational work is for, or relates to, an 16
activity authorised under the Mineral 17
Resources Act 1989; and 18
(c) the person has applied under the Mineral 19
Resources Act 1989 for authorisation to 20
carry out the activity. 21
(2) Despite the Planning Act, chapter 6, the person 22
may appeal against a decision on the application 23
to the Land Court. 24
Clause 677 Omission of s 972C (Offence to take or interfere with 25
water if development permit required) 26
Section 972C-- 27
omit. 28
Page 346
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 678]
Clause 678 Amendment of s 972D (Additional rights for permits for 1
operational work) 2
Section 972D(2) and (3), 'self-assessable'-- 3
omit, insert-- 4
accepted 5
Clause 679 Omission of ss 972E and 972F 6
Sections 972E and 972F-- 7
omit. 8
Clause 680 Amendment of s 972H (Modification or removal of works) 9
(1) Section 972H(1)(b)(i), 'application'-- 10
omit, insert-- 11
permit 12
(2) Section 972H(1)(b)(ii), 'self-assessable'-- 13
omit, insert-- 14
accepted 15
Clause 681 Amendment of s 972J (Modification or removal of levees) 16
(1) Section 972J(1)(b)(i), 'application'-- 17
omit, insert-- 18
permit 19
(2) Section 972J(1)(b)(ii), 'self-assessable'-- 20
omit, insert-- 21
accepted 22
Clause 682 Replacement of s 972N (Effect on development permit) 23
Section 972N-- 24
Page 347
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 683]
omit, insert-- 1
972N Direction prevails over development permit 2
If the direction is inconsistent with a development 3
permit, the direction prevails to the extent of the 4
inconsistency. 5
Clause 683 Amendment of s 1014 (Regulation-making power) 6
(1) Section 1014(2)(i) and (j)-- 7
omit, insert-- 8
(i) state, for the Planning Act, the requirements 9
that the following operational work must 10
comply with to be categorised as accepted 11
development under that Act-- 12
(i) operational work that allows taking or 13
interfering with water; 14
(ii) operational work that is the 15
construction or modification of a levee; 16
and 17
(3) Section 1014(2)(n)-- 18
omit. 19
(4) Section 1014(2)(d) to (m)-- 20
renumber as section 1014(2)(c) to (k). 21
Clause 684 Amendment of s 1046 (Declared subartesian areas) 22
Section 1046(2)(b), from 'assessable'-- 23
omit, insert-- 24
assessable development or accepted 25
development under the Planning Act. 26
Page 348
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 685]
Clause 685 Amendment of s 1048A (Existing licences, permits and 1
approvals) 2
Section 1048A(13), 'Sustainable Planning Act 2009, section 3
341'-- 4
omit, insert-- 5
Planning Act 6
Clause 686 Insertion of new ch 9, pt 10 7
Chapter 9-- 8
insert-- 9
Part 10 Transitional provision 10
for Planning 11
(Consequential) and 12
Other Legislation 13
Amendment Act 2015 14
1283 Existing development applications 15
(1) This section applies to an existing development 16
application to which former chapter 8, part 2, 17
division 1 applied. 18
(2) Former chapter 8, part 2, division 1 continues to 19
apply in relation to the application as if the 20
Planning (Consequential) and Other Legislation 21
Amendment Act 2015 had not been enacted. 22
(3) In this section-- 23
existing development application means a 24
development application made under the repealed 25
Sustainable Planning Act 2009, to which the 26
Planning Act, section 287 applies. 27
former chapter 8, part 2, division 1 means 28
chapter 8, part 2, division 1 as in force 29
immediately before the commencement. 30
Page 349
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 67 Amendment of Water Act 2000
[s 687]
Clause 687 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4, definitions advice agency, applicable code, 2
assessable development, assessing authority, assessment 3
manager, concurrence agency, development condition, 4
Planning Act, prohibited development, regional plan and 5
self-assessable development-- 6
omit. 7
(2) Schedule 4-- 8
insert-- 9
accepted development means development 10
categorised as accepted development under a 11
regulation made under the Planning Act. 12
assessable development means development 13
categorised as assessable development under a 14
regulation made under the Planning Act. 15
change application means a change application 16
under the Planning Act. 17
minor change application means a change 18
application for a minor change to a development 19
approval, as defined in the Planning Act. 20
Planning Act means the Planning Act 2015. 21
(3) Schedule 4, definition development, 'section 7'-- 22
omit, insert-- 23
schedule 2 24
(4) Schedule 4, definition levee, paragraph 3(d)(i), 'section 584 or 25
585'-- 26
omit, insert-- 27
section 165 28
(5) Schedule 4, definition operational work, 'section 10(1)'-- 29
omit, insert-- 30
schedule 2 31
Page 350
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 68 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 688]
(6) Schedule 4, definition Planning Act offence, from 'section 1
574' to '594(1)'-- 2
omit, insert-- 3
section 161, 162(1), 163, 164 or 167(5) 4
(7) Schedule 4, definition premises, paragraph (a), 'section 5
10(1)'-- 6
omit, insert-- 7
schedule 2 8
Part 68 Amendment of Water Supply 9
(Safety and Reliability) Act 2008 10
Clause 688 Act amended 11
This part amends the Water Supply (Safety and Reliability) 12
Act 2008. 13
Clause 689 Amendment of s 356A (Compliance with safety or 14
development condition) 15
Section 356A, penalty, '1665'-- 16
omit, insert-- 17
4500 18
Clause 690 Amendment of s 559 (Definition for pt 2) 19
Section 559, definition relevant operational work, ', section 20
10(1)'-- 21
omit. 22
Page 351
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 68 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 691]
Clause 691 Omission of s 560 (Codes for Planning Act) 1
Section 560-- 2
omit. 3
Clause 692 Replacement of ss 561 and 562 4
Sections 561 and 562-- 5
omit, insert-- 6
561 Particular applications for relevant operational 7
work 8
(1) This section applies to-- 9
(a) an application for a development approval 10
for relevant operational work; or 11
(b) a change application, other than a minor 12
change application, to change a 13
development approval that approves relevant 14
operational work; or 15
(c) a change application, other than a minor 16
change application, to change a 17
development approval-- 18
(i) to approve relevant operational work; 19
and 20
(ii) that does not already approve relevant 21
operational work. 22
(2) The application must be supported by evidence 23
that the chief executive has accepted a failure 24
impact assessment of the dam or proposed dam to 25
which the operational work relates. 26
(3) In this section-- 27
change application means a change application 28
under the Planning Act. 29
Page 352
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 68 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 693]
minor change application means a change 1
application for a minor change to a development 2
approval, as defined in the Planning Act. 3
562 When appeal may be made to Land Court 4
(1) This section applies if-- 5
(a) a person makes an application to which 6
section 561 applies; and 7
(b) the assessable development to which the 8
application relates is for, or relates to, an 9
activity authorised under the Mineral 10
Resources Act 1989; and 11
(c) the person has applied under the Mineral 12
Resources Act 1989 for authorisation to 13
carry out the activity. 14
(2) Despite the Planning Act, chapter 6, the person 15
may appeal against a decision about the 16
application to the Land Court. 17
(3) In this section-- 18
assessable development means development that 19
is assessable development under the Planning 20
Act. 21
Clause 693 Amendment of s 636 (Application of s 562) 22
Section 636(2), 'Sustainable Planning Act 2009'-- 23
omit, insert-- 24
Planning Act or the repealed Sustainable 25
Planning Act 2009 26
Clause 694 Insertion of new ch 10, pt 10 27
Chapter 10-- 28
insert-- 29
Page 353
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 68 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 695]
Part 10 Transitional provision 1
for Planning 2
(Consequential) and 3
Other Legislation 4
Amendment Act 2015 5
673 Existing development applications 6
(1) This section applies to an existing development 7
application to which former chapter 8, part 2 8
applied. 9
(2) Former chapter 8, part 2 continues to apply in 10
relation to the application as if the Planning 11
(Consequential) and Other Legislation 12
Amendment Act 2015 had not been enacted. 13
(3) In this section-- 14
existing development application means a 15
development application made under the repealed
Sustainable Planning Act 2009, to which the 17
16
Planning Act, section 287 applies. 18
former chapter 8, part 2 means chapter 8, part 2 19
as in force immediately before the 20
commencement. 21
Clause 695 Amendment of sch 3 (Dictionary) 22
(1) Schedule 3, definitions assessment manager, concurrence 23
agency, development application, Planning Act and referral 24
agency-- 25
omit. 26
(2) Schedule 3-- 27
insert-- 28
Planning Act means the Planning Act 2015. 29
(3) Schedule 3, definition development, 'section 7'-- 30
omit, insert-- 31
Page 354
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 69 Amendment of Wet Tropics World Heritage Protection and Management Act 1993
[s 696]
schedule 2 1
(4) Schedule 3, definition development condition, paragraph 1-- 2
omit, insert-- 3
1 Development condition, of a development 4
approval, means a condition of the approval that 5
relates to a referable dam and was imposed by, or 6
at the direction of-- 7
(a) the chief executive; or 8
(b) the chief executive of the department in 9
which the Planning Act is administered. 10
(5) Schedule 3, definition Planning Act offence, from 'section 11
574(1)' to '594'-- 12
omit, insert-- 13
section 161, 162(1), 163, 164 or 167(5) or (7) 14
(6) Schedule 3, definition premises, paragraph (a), 'section 15
10(1)'-- 16
omit, insert-- 17
schedule 2 18
Part 69 Amendment of Wet Tropics 19
World Heritage Protection and 20
Management Act 1993 21
Clause 696 Act amended 22
This part amends the Wet Tropics World Heritage Protection 23
and Management Act 1993. 24
Clause 697 Amendment of sch 3 (Dictionary) 25
(1) Schedule 3, definition planning scheme-- 26
Page 355
Planning (Consequential) and Other Legislation Amendment Bill 2015
Part 69 Amendment of Wet Tropics World Heritage Protection and Management Act 1993
[s 697]
omit, insert-- 1
planning scheme means a planning scheme 2
under the Planning Act 2015. 3
(2) Schedule 3, definition reconfiguring a lot, 'Sustainable 4
Planning Act 2009, section 10(1)'-- 5
omit, insert-- 6
Planning Act 2015, schedule 2 7
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 356
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