Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Sustainable Planning and
Other Legislation Amendment
Bill 2011
Queensland
Sustainable Planning and Other
Legislation Amendment Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Animal Management (Cats and Dogs) Act
2008
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Insertion of new s 207A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Building Act 1975
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Amendment of s 30 (Relevant laws and other documents for
assessment of building work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 31 (Building assessment provisions form a
code for IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 32 (Local laws, planning schemes and local
government resolutions that may form part of the building
assessment provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 33 (Alternative planning scheme provisions to
QDC boundary clearance and site cover provisions for particular
buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 151 (Levels). . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Amendment of s 152 (Role of building surveyor) . . . . . . . . . . . . . 16
12 Amendment of s 153 (Role of assistant building surveyor) . . . . . 16
13 Replacement of s 154 (Role of building surveying technician). . . 16
154 Role of building certifier-level 3 . . . . . . . . . . . . . . . . . 17
14 Amendment of s 155 (Who may apply) . . . . . . . . . . . . . . . . . . . . 17
15 Amendment of s 163 (Restrictions on making endorsement) . . . 17
16 Amendment of s 246CY (Decision after investigation or audit
completed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
17 Amendment of s 291 (When s 232 applies to particular
regulated pools) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Insertion of new ch 11, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 15 Transitional provisions for Sustainable
Planning and Other Legislation Amendment
Act 2011
311 Definitions for pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
312 Existing accreditations . . . . . . . . . . . . . . . . . . . . . . . . 19
313 Existing building surveyors, assistant building
surveyors and building surveying technicians . . . . . . 19
314 References in existing accreditation standards and
professional development schemes . . . . . . . . . . . . . . 20
315 Existing applications for a licence. . . . . . . . . . . . . . . . 21
19 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Amendment of Coastal Protection and Management Act
1995
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Amendment of s 100A (Removal of quarry material is subject to
other approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Amendment of s 123 (Right to occupy and use land on which
particular tidal works were, or are to be, carried out) . . . . . . . . . . 23
Part 5 Amendment of Local Government Act 2009
23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment of s 8 (Local government's responsibility for local
government areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25 Amendment of s 132 (Entering under an application, permit or
notice) .......................................... 24
26 Amendment of s 217 (LG super scheme) . . . . . . . . . . . . . . . . . . 24
27 Amendment of s 220 (Amount of yearly contributions--particular
employers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Amendment of s 220A (Amount of yearly contributions--
permanent employees and prescribed employees) . . . . . . . . . . . 25
29 Insertion of new ss 220B and 220C . . . . . . . . . . . . . . . . . . . . . . . 25
220B Reduction in contributions to prevent them exceeding
concessional contributions cap . . . . . . . . . . . . . . . . . 25
220C Exemption from payment of yearly contributions on
grounds of financial hardship . . . . . . . . . . . . . . . . . . . 27
Part 6 Amendment of Plumbing and Drainage Act 2002
30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Amendment of s 6 (Functions of council) . . . . . . . . . . . . . . . . . . . 28
Page 2
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
32 Amendment of s 9 (Membership of council). . . . . . . . . . . . . . . . . 28
33 Amendment of s 32 (Revenue from fees). . . . . . . . . . . . . . . . . . . 28
34 Insertion of new pt 2, div 8, sdiv 3A . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 3A Council audit programs and auditing licensees
33TA Definitions for sdiv 3A. . . . . . . . . . . . . . . . . . . . . . . . . 29
33TB Approved audit program . . . . . . . . . . . . . . . . . . . . . . . 29
33TC Notice of approved audit program . . . . . . . . . . . . . . . 30
33TD Supply of documents or information. . . . . . . . . . . . . . 30
33TE Offence to contravene notice . . . . . . . . . . . . . . . . . . . 32
33TF Evidential immunity for licensees and other persons . 32
35 Insertion of new s 33W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
33W Council's obligation to keep record of notices under s
87 ................................... 33
36 Amendment of s 64 (Grounds for discipline) . . . . . . . . . . . . . . . . 33
37 Amendment of s 65 (Disciplinary action that may be taken by
council) ......................................... 34
38 Amendment of s 78 (Compliance permit). . . . . . . . . . . . . . . . . . . 34
39 Amendment of s 79 (Compliance certificate) . . . . . . . . . . . . . . . . 34
40 Amendment of s 80 (Purpose of compliance assessment) . . . . . 34
41 Amendment of s 81 (Regulated work and on-site sewerage
work must be assessed for compliance) . . . . . . . . . . . . . . . . . . . 35
42 Amendment of s 83 (Compliance permit required for certain
regulated work or any on-site sewerage work). . . . . . . . . . . . . . . 35
43 Amendment of s 84 (Regulated work or on-site sewerage work
by a public sector entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 35
45 Amendment of s 85A (Participating local government to give
documents or information to distributor-retailer). . . . . . . . . . . . . . 36
46 Amendment of s 85B (Restrictions on giving compliance permit
for greywater use facility in a sewered area) . . . . . . . . . . . . . . . . 36
47 Amendment of s 85C (Restrictions on giving compliance permit
for greywater use facility not in a sewered area) . . . . . . . . . . . . . 36
48 Amendment of s 86 (General process for assessing regulated
work and on-site sewerage work). . . . . . . . . . . . . . . . . . . . . . . . . 36
49 Amendment of s 86AA (Participating local government to give
documents or information to distributor-retailer). . . . . . . . . . . . . . 36
50 Amendment of s 86A (Process for assessing certain regulated
work or on-site sewerage work in remote areas) . . . . . . . . . . . . . 37
51 Amendment of s 86C (Conditions of compliance certificate) . . . . 37
Page 3
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
52 Amendment of pt 4, div 4B, hdg (Minor and unregulated work) . . 37
53 Amendment of s 87 (Minor work) . . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
87A Special provision about electronic notices . . . . . . . . . 39
55 Amendment of s 128B (Owner's obligation to ensure compliance
with conditions of compliance certificate) . . . . . . . . . . . . . . . . . . . 39
56 Amendment of s 128F (Restrictions on operating greywater use
facility) .......................................... 39
57 Insertion of new s 128RA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
128RA False or misleading statements . . . . . . . . . . . . . . . . . 40
58 Amendment of s 128S (False or misleading documents). . . . . . . 40
59 Insertion of new pt 10, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 9 Transitional provision for Sustainable Planning
and Other Legislation Amendment Act 2011
189 Regulated work taken to be compliance assessable
work ................................. 40
60 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 41
Part 7 Amendment of Sustainable Planning Act 2009
61 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
62 Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
78A Relationship between local planning instruments and
Building Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
63 Omission of s 86 (Relationship between planning schemes and
Building Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
64 Amendment of s 126 (Power of Minister to direct local
government to take particular action about local planning
instrument) .................................... 43
65 Amendment of s 129 (Power of Minister to take action about
local planning instrument without direction to local government) . 44
66 Amendment of s 144 (Special charge for making a structure
plan) ....................................... 44
67 Amendment of s 189 (Ministerial directions to local government) 44
68 Amendment of s 190 (Ministerial directions to applicant). . . . . . . 45
69 Amendment of s 248 (Jurisdiction of local government as
assessment manager for particular development) . . . . . . . . . . . . 45
70 Amendment of s 322 (Decision-making period suspended until
approval of master plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
71 Amendment of s 372 (Copy of request to be given to particular
entities) ...................................... 45
72 Amendment of s 376 (Notice of decision) . . . . . . . . . . . . . . . . . . 46
Page 4
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
73 Amendment of s 378 (When condition may be changed or
cancelled by assessment manager or concurrence agency) . . . . 46
74 Insertion of new s 422A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
422A No requirement to consult on directions. . . . . . . . . . . 47
75 Amendment of s 423 (Definitions for div 2) . . . . . . . . . . . . . . . . . 47
76 Replacement of s 424 (When a development application may be
called in) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
424 Application may be called in only for State interest . . 47
424A Notice of proposed call in . . . . . . . . . . . . . . . . . . . . . . 47
424B Effect of proposed call in notice on IDAS process . . . 49
424C Minister to consider representations about proposed
call in ............................... 50
424D Effect of proposed call in on appeal period . . . . . . . . 50
424E Effect of proposed call in notice on development
approval ............................... 51
77 Amendment of s 425 (Notice of call in) . . . . . . . . . . . . . . . . . . . . 51
78 Amendment of s 427 (Effect of call in) . . . . . . . . . . . . . . . . . . . . . 52
79 Insertion of new s 475A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
475A Appeals against decisions under ch 8A . . . . . . . . . . . 53
80 Amendment of s 484 (Notice of appeal to other parties--other
matters) ....................................... 53
81 Amendment of s 493 (Who must prove case) . . . . . . . . . . . . . . . 54
82 Amendment of s 495 (Appeal by way of hearing anew) . . . . . . . . 54
83 Amendment of s 596 (Assessing authority may take action) . . . . 54
84 Amendment of s 629 (Funding trunk infrastructure for local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
85 Amendment of s 639 (Infrastructure charges taken to be rates) . 55
86 Amendment of s 648 (Regulated infrastructure charges taken to
be rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
87 Amendment of s 648A (Meaning of adopted infrastructure
charge) ...................................... 55
88 Amendment of s 648D (Local government may decide matters
about charges for infrastructure under State planning regulatory
provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
89 Amendment of s 648F (Adopted infrastructure charges notices) . 57
90 Insertion of new s 648HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
648HA Special provision about increase in adopted
infrastructure charge by local government . . . . . . . . . 57
91 Amendment of s 648K (Agreements about, and alternatives to,
paying adopted infrastructure charge) . . . . . . . . . . . . . . . . . . . . . 58
Page 5
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
92 Amendment of s 648L (Adopted infrastructure charge taken to
be rates) ...................................... 59
93 Amendment of s 674 (Recovery of regulated State infrastructure
charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94 Insertion of new ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Chapter 8A Provisions about urban encroachment
Part 1 Preliminary
680A Definitions for ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . 60
680B What is a relevant development application . . . . . . . . 61
680C Purpose of ch 8A and its achievement . . . . . . . . . . . . 62
Part 2 Restrictions on legal proceedings
680D Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
680E Restrictions on legal proceedings . . . . . . . . . . . . . . . 63
Part 3 Registration of premises
Division 1 Application for registration
680F Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
680G Requirements for application . . . . . . . . . . . . . . . . . . . 65
680H Consideration of, and decision on, application . . . . . . 67
680I Criteria for registration . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2 Renewal of registration
680J Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . 68
680K Consideration of, and decision on, application . . . . . . 69
680L Criteria for renewal of registration . . . . . . . . . . . . . . . 69
680M Registration taken to be in effect while application for
renewal is considered. . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 3 Inquiries about applications and notice of
decisions
680N Inquiry about application . . . . . . . . . . . . . . . . . . . . . . 70
680O Notice of decision on application . . . . . . . . . . . . . . . . 70
Division 4 Cancellation, and amendment of conditions, of
registration
Subdivision 1 Cancellation
680P Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 71
680Q Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
680R Representations about show cause notice. . . . . . . . . 72
680S Ending show cause notice without further action . . . . 72
680T Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Page 6
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
Subdivision 2 Amending conditions of registration
680U Amendment of conditions. . . . . . . . . . . . . . . . . . . . . . 73
Division 5 Other matters about registration
680V Owner of premises may end registration . . . . . . . . . . 73
680W Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 4 Particular obligations
680X Record of registration of premises in appropriate
register ............................... 74
680Y Public notice of registration, or renewal of
registration, of premises . . . . . . . . . . . . . . . . . . . . . . . 75
680Z Record of relevant development application in
appropriate register . . . . . . . . . . . . . . . . . . . . . . . . . . 76
680ZA Publication of information on website . . . . . . . . . . . . . 77
680ZB Notice to lessee about application of ch 8A . . . . . . . . 78
680ZC Additional consequence of failure to give notice
asking for affected area notation for Milton rail
precinct ............................. 78
680ZD Minister to advise local government about
registration .......................... 79
680ZE Local government to include registration in planning
scheme .............................. 79
Part 5 Register of premises
680ZF Keeping register of registered premises. . . . . . . . . . . 80
680ZG Content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
680ZH Availability of register . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 6 Review of chapter 8A
680ZI Review of ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
95 Amendment of s 729 (Documents assessment manager must
keep available for inspection and purchase--general) . . . . . . . . . 81
96 Amendment of s 755KA (Distributor-retailer may decide matters
about adopted infrastructure charge) . . . . . . . . . . . . . . . . . . . . . . 82
97 Amendment of s 755KB (Funding trunk infrastructure--levying
charge on and from standard charge day) . . . . . . . . . . . . . . . . . . 83
98 Amendment of s 755MA (Agreements about, and alternatives to,
paying adopted infrastructure charge) . . . . . . . . . . . . . . . . . . . . . 84
99 Insertion of new s 758A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
758A No requirement to consult for particular decisions
under repealed IPA. . . . . . . . . . . . . . . . . . . . . . . . . . . 85
100 Amendment of ch 10, hdg (Repeal and transitional provisions) . . 86
Page 7
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
101 Amendment of s 868 (Particular activities not a material change
of use) ....................................... 86
102 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Part 5 Validation and transitional provisions for
Sustainable Planning and Other Legislation
Amendment Act 2011
Division 1 Validation provision
882 Validation provision for applications and development
approvals under repealed IPA . . . . . . . . . . . . . . . . . . 87
Division 2 Provisions for chapter 8A
883 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
884 Registration of Milton Brewery for ch 8A, pt 3 . . . . . . 88
885 Restriction on legal proceedings for Milton Brewery . 88
886 Non-application of s 680X(1) . . . . . . . . . . . . . . . . . . . 89
887 Application of s 680Y . . . . . . . . . . . . . . . . . . . . . . . . . 89
888 Notifying prospective buyers . . . . . . . . . . . . . . . . . . . 89
889 Development applications made before
commencement ......................... 91
Division 3 Other provisions
890 Transitional provision about call in of application . . . . 91
891 Transitional provision for s 648A. . . . . . . . . . . . . . . . . 91
892 Proceedings for particular appeals under repealed
IPA ................................. 91
103 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 8 Amendment of Urban Land Development Authority Act
2007
104 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
105 Amendment of s 6 (Development and its types). . . . . . . . . . . . . . 95
106 Amendment of s 8 (Interim land use plan required) . . . . . . . . . . . 95
107 Amendment of s 9 (Expiry of interim land use plan) . . . . . . . . . . 95
108 Amendment of s 22 (Development scheme required) . . . . . . . . . 96
109 Replacement of s 31 (Ministerial power to amend submitted
scheme at affected owner's request) . . . . . . . . . . . . . . . . . . . . . . 96
31 Ministerial power to amend submitted scheme . . . . . 96
110 Amendment of s 35 (Power to amend at authority's request). . . . 97
111 Amendment of s 38 (Division 1 process applies) . . . . . . . . . . . . . 97
112 Amendment of s 42 (Carrying out UDA assessable
development without UDA development approval) . . . . . . . . . . . . 98
113 Amendment of s 51 (How to make application) . . . . . . . . . . . . . . 98
Page 8
Sustainable Planning and Other Legislation Amendment Bill 2011
Contents
114 Insertion of new s 51A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
51A Development involving a State resource . . . . . . . . . . 99
115 Amendment of s 54 (Notice of application) . . . . . . . . . . . . . . . . . 99
116 Amendment of s 55 (Deciding application generally) . . . . . . . . . . 100
117 Amendment of s 56 (Restrictions on granting approval) . . . . . . . 100
118 Amendment of s 57 (Matters to be considered in making
decision) ...................................... 101
119 Amendment of s 59 (Decision notice) . . . . . . . . . . . . . . . . . . . . . 101
120 Amendment of s 67 (Approved material change of use required
for particular developments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
121 Replacement of s 70 (What approval authorises) . . . . . . . . . . . . 102
70 Types of UDA development approvals . . . . . . . . . . . . 102
122 Amendment of s 75 (Application to change UDA development
approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
123 Amendment of s 76 (When approval lapses generally) . . . . . . . . 103
124 Amendment of s 80 (Plans of subdivision) . . . . . . . . . . . . . . . . . . 105
125 Amendment of s 97 (General powers) . . . . . . . . . . . . . . . . . . . . . 106
126 Amendment of s 104 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . 106
127 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
105A Chairperson and deputy chairperson . . . . . . . . . . . . . 107
128 Amendment of s 136 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 107
129 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
136A Application of pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . 108
136B Exercise of discretion unaffected by infrastructure
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
136C Infrastructure agreements prevail if inconsistent with
UDA development approval . . . . . . . . . . . . . . . . . . . . 109
136D Infrastructure agreement continues beyond
cessation of urban development area . . . . . . . . . . . . 109
130 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 110
Part 9 Repeal of Act
131 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 10 Minor and consequential amendments
132 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 117
Page 9
2011
A Bill
for
An Act to amend the Animal Management (Cats and Dogs) Act
2008, the Building Act 1975, the Coastal Protection and
Management Act 1995, the Local Government Act 2009, the
Plumbing and Drainage Act 2002, the Sustainable Planning Act
2009 and the Urban Land Development Authority Act 2007 for
particular purposes
Sustainable Planning and Other Legislation Amendment Bill 2011
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 Sustainable Planning and Other 4
Legislation Amendment Act 2011. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
· part 3, other than sections 5, 16, 17, 19(2) and (3); 9
· part 6. 10
Part 2 Amendment of Animal 11
Management (Cats and Dogs) 12
Act 2008 13
Clause 3 Act amended 14
This part amends the Animal Management (Cats and Dogs) 15
Act 2008. 16
Clause 4 Insertion of new s 207A 17
After section 207-- 18
insert-- 19
`207A Chief executive (transport) must disclose information 20
`(1) This section applies if-- 21
Page 12
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 2 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 4]
(a) an authorised person is reasonably satisfied that vehicle 1
registry information may be used, in an investigation 2
under this Act about a prescribed offence, to identify the 3
relevant person for a dog; and 4
(b) the authorised person asks the chief executive 5
(transport) for the information. 6
`(2) The chief executive (transport) must disclose the information 7
to the authorised person if-- 8
(a) the chief executive (transport) reasonably considers that 9
the information may be used to identify the relevant 10
person; or 11
(b) the disclosure is authorised by the person to whom the 12
information relates. 13
`(3) In this section-- 14
chief executive (transport) means the chief executive of the 15
department in which the Transport Operations (Road Use 16
Management) Act 1995 is administered. 17
prescribed offence means an offence under section 194 or 195 18
involving an attack by a dog if the attack causes-- 19
(a) the death of, or grievous bodily harm to, a person or 20
another animal; or 21
(b) bodily harm to a person or another animal. 22
relevant person, for a dog, means the owner of the dog or any 23
responsible person for the dog. 24
vehicle registry information means information kept in the 25
register of registered vehicles under a regulation under the 26
Transport Operations (Road Use Management) Act 1995.'. 27
Page 13
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 5]
Part 3 Amendment of Building Act 1
1975 2
Clause 5 Act amended 3
This part amends the Building Act 1975. 4
Note-- 5
See also the amendments in the schedule. 6
Clause 6 Amendment of s 30 (Relevant laws and other documents 7
for assessment of building work) 8
Section 30(1)(f), from `planning scheme'-- 9
omit, insert-- 10
`local planning instrument or resolution made under section 11
32 or any relevant provision under section 33;'. 12
Clause 7 Amendment of s 31 (Building assessment provisions 13
form a code for IDAS) 14
(1) Section 31(4)-- 15
renumber as section 31(6). 16
(2) Section 31(3)-- 17
omit, insert-- 18
`(3) Each of the building assessment provisions mentioned in 19
section 30(1)(b), (c), (d), (e), (g) or (h) is a code that can not 20
be changed under a local law, local planning instrument or 21
local government resolution. 22
`(4) A local law, local planning instrument or local government 23
resolution must not include provisions about building work, to 24
the extent the building work is regulated under a code under 25
subsection (3). 26
`(5) To the extent a local law, local planning instrument or local 27
government resolution does not comply with subsection (4), 28
Page 14
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 8]
the local law, local planning instrument or local government 1
resolution is of no effect.'. 2
(3) Section 31(6), as renumbered under this section, `Subsection 3
(3) is'-- 4
omit, insert-- 5
`Subsections (3) to (5) are'. 6
Clause 8 Amendment of s 32 (Local laws, planning schemes and 7
local government resolutions that may form part of the 8
building assessment provisions) 9
(1) Section 32, heading, `planning schemes'-- 10
omit, insert-- 11
`local planning instruments'. 12
(2) Section 32(2)-- 13
omit. 14
Clause 9 Amendment of s 33 (Alternative planning scheme 15
provisions to QDC boundary clearance and site cover 16
provisions for particular buildings) 17
(1) Section 33, heading, `planning scheme'-- 18
omit. 19
(2) Section 33(2), (3) and (5), after `scheme'-- 20
insert-- 21
`or ULDA instrument'. 22
(3) Section 33(6)-- 23
insert-- 24
`ULDA instrument means an interim land use plan or 25
development scheme made under the Urban Land 26
Development Authority Act 2007.'. 27
Page 15
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 10]
Clause 10 Amendment of s 151 (Levels) 1
Section 151(a) to (c)-- 2
omit, insert-- 3
`(a) building certifier-level 1; 4
(b) building certifier-level 2; 5
(c) building certifier-level 3.'. 6
Clause 11 Amendment of s 152 (Role of building surveyor) 7
Section 152, `building surveyor'-- 8
omit, insert-- 9
`building certifier-level 1'. 10
Clause 12 Amendment of s 153 (Role of assistant building surveyor) 11
(1) Section 153, heading, `assistant building surveyor'-- 12
omit, insert-- 13
`building certifier-level 2'. 14
(2) Section 153, `An assistant building surveyor'-- 15
omit, insert-- 16
`A building certifier-level 2'. 17
(3) Section 153(a) and (b), `a building surveyor'-- 18
omit, insert-- 19
`a building certifier-level 1'. 20
Clause 13 Replacement of s 154 (Role of building surveying 21
technician) 22
Section 154-- 23
omit, insert-- 24
Page 16
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 14]
`154 Role of building certifier-level 3 1
`A building certifier-level 3 may only perform building 2
certifying functions on class 1 buildings or class 10 buildings 3
or structures.'. 4
Clause 14 Amendment of s 155 (Who may apply) 5
(1) Section 155(a), `building surveyor or assistant building 6
surveyor'-- 7
omit, insert-- 8
`building certifier-level 1 or building certifier-level 2'. 9
(2) Section 155(b)-- 10
omit, insert-- 11
`(b) for a licence at the level of building certifier-level 3-- 12
(i) the individual holds a current accreditation issued 13
by an accreditation standards body; and 14
(ii) the individual has at least 1 year's experience 15
carrying out level 3 work under the supervision of 16
a person licensed as a building certifier-level 1 or a 17
building certifier-level 2; and 18
(iii) the period of experience mentioned in 19
subparagraph (ii) was completed not more than 2 20
years before the application for the licence is 21
made.'. 22
(3) Section 155-- 23
insert-- 24
`(2) In this section-- 25
level 3 work means work usually carried out by a building 26
certifier-level 3 working as a building certifier-level 3.'. 27
Clause 15 Amendment of s 163 (Restrictions on making 28
endorsement) 29
(1) Section 163(2)-- 30
Page 17
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 16]
omit. 1
(2) Section 163(3)-- 2
renumber as section 163(2). 3
Clause 16 Amendment of s 246CY (Decision after investigation or 4
audit completed) 5
Section 246CY(4)(f), after `PSC'-- 6
insert-- 7
`, within a reasonable stated period,'. 8
Clause 17 Amendment of s 291 (When s 232 applies to particular 9
regulated pools) 10
Section 291(3)(a), `subsection (1)(a)'-- 11
omit, insert-- 12
`subsection (1)'. 13
Clause 18 Insertion of new ch 11, pt 15 14
Chapter 11-- 15
insert-- 16
`Part 15 Transitional provisions for 17
Sustainable Planning and 18
Other Legislation Amendment 19
Act 2011 20
`311 Definitions for pt 15 21
`In this part-- 22
assistant building surveyor means a building certifier who, 23
under previous section 151, is licensed as an assistant building 24
surveyor. 25
Page 18
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 18]
building surveying technician means a building certifier who, 1
under previous section 151, is licensed as a building surveying 2
technician. 3
building surveyor means a building certifier who, under 4
previous section 151, is licensed as a building surveyor. 5
commencement means the commencement of this section. 6
previous, for a provision of this Act, means the provision as in 7
force immediately before the commencement. 8
`312 Existing accreditations 9
`(1) This section applies to a current accreditation issued by an 10
accreditation standards body that, immediately before the 11
commencement, was a current accreditation for an application 12
under previous section 155 for a licence as a building 13
surveyor, an assistant building surveyor or a building 14
surveying technician. 15
`(2) On the commencement, the accreditation is taken to be a 16
current accreditation for-- 17
(a) if the accreditation is for a licence as a building 18
surveyor--an application under section 155 for a licence 19
as a building certifier-level 1; or 20
(b) if the accreditation is for a licence as an assistant 21
building surveyor--an application under section 155 for 22
a licence as a building certifier-level 2; or 23
(c) if the accreditation is for a licence as a building 24
surveying technician--an application under section 155 25
for a licence as a building certifier-level 3. 26
`313 Existing building surveyors, assistant building 27
surveyors and building surveying technicians 28
`(1) A person who, immediately before the commencement, was 29
licensed as a building surveyor is taken to be licensed as a 30
building certifier-level 1. 31
Page 19
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 18]
`(2) A person who, immediately before the commencement, was 1
licensed as an assistant building surveyor is taken to be 2
licensed as a building certifier-level 2. 3
`(3) A person who, immediately before the commencement, was 4
licensed as a building surveying technician is taken to be 5
licensed as a building certifier-level 3. 6
`314 References in existing accreditation standards and 7
professional development schemes 8
`(1) This section applies to an existing accreditation standard or an 9
existing professional development scheme. 10
`(2) From commencement, a reference in the standard or scheme 11
to-- 12
(a) a building surveyor-level 1 is taken to be a reference to 13
a building certifier-level 1; or 14
(b) a certifier level 1 (building surveyor) is taken to be a 15
reference to a building certifier-level 1; or 16
(c) an assistant building surveyor-level 2 is taken to be a 17
reference to a building certifier-level 2; or 18
(d) a certifier level 2 (assistant building surveyor) is taken to 19
be a reference to a building certifier-level 2; or 20
(e) a building surveying technician is taken to be a 21
reference to a building certifier-level 3; or 22
(f) a certifier level 3 (building surveying technician) is 23
taken to be a reference to a building certifier-level 3. 24
`(3) An accreditation standards body may amend an existing 25
accreditation standard or an existing professional 26
development scheme to change a reference to-- 27
(a) a building surveyor-level 1 to a reference to a building 28
certifier-level 1; or 29
(b) a certifier level 1 (building surveyor) to a reference to a 30
building certifier-level 1; or 31
Page 20
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 18]
(c) an assistant building surveyor-level 2 to a reference to a 1
building certifier-level 2; or 2
(d) a certifier level 2 (assistant building surveyor) to a 3
reference to a building certifier-level 2; or 4
(e) a building surveying technician to a reference to a 5
building certifier-level 3; or 6
(f) a certifier level 3 (building surveying technician) to a 7
reference to a building certifier-level 3. 8
`(4) An existing accreditation standard amended under subsection 9
(3) is taken to be approved by the chief executive for section 10
185(2)(a). 11
`(5) An existing professional development scheme amended under 12
subsection (3) is taken to be approved by the chief executive 13
for section 185(2)(c). 14
`(6) In this section-- 15
existing accreditation standard means an educational and 16
experiential standard set by an accreditation standards body 17
under section 185(2)(a) and in effect immediately before the 18
commencement. 19
existing professional development scheme means a 20
professional development scheme established by an 21
accreditation standards body under section 185(2)(c) and in 22
effect immediately before the commencement. 23
`315 Existing applications for a licence 24
`(1) This section applies to an application for a licence made, but 25
not decided, before the commencement. 26
`(2) If the application is for a licence at the level of a building 27
surveyor, it is taken to be an application for a licence at the 28
level of building certifier-level 1. 29
`(3) If the application is for a licence at the level of an assistant 30
building surveyor, it is taken to be an application for a licence 31
at the level of building certifier-level 2. 32
Page 21
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 3 Amendment of Building Act 1975
[s 19]
`(4) If the application is for a licence at the level of a building 1
surveying technician, it is taken to be an application for a 2
licence at the level of building certifier-level 3. 3
`(5) Subsection (6) applies to BSA for considering and deciding an 4
application mentioned in subsection (4). 5
`(6) If the applicant has at least 1 year's experience as a building 6
surveying technician employed by a local government or 7
under the supervision of a private certifier, the applicant is 8
taken to have at least 1 year's experience carrying out level 3 9
work under the supervision of a person licenced as a building 10
certifier-level 1 or a building certifier-level 2.'. 11
Clause 19 Amendment of sch 2 (Dictionary) 12
(1) Schedule 2, definitions, assistant building surveyor, building 13
surveying technician and building surveyor-- 14
omit. 15
(2) Schedule 2, definition show cause notice, paragraphs (b) to 16
(d)-- 17
renumber as paragraphs (c) to (e). 18
(3) Schedule 2, definition show cause notice-- 19
insert-- 20
`(b) chapter 6, part 4--see section 206(1); or'. 21
(4) Schedule 2-- 22
insert-- 23
`assistant building surveyor, for chapter 11, part 15, see 24
section 311. 25
commencement, for chapter 11, part 15, see section 311. 26
building certifier-level 1 means a building certifier who, 27
under section 151, is licensed as a building certifier-level 1. 28
building certifier-level 2 means a building certifier who, 29
under section 151, is licensed as a building certifier-level 2. 30
Page 22
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 4 Amendment of Coastal Protection and Management Act 1995
[s 20]
building certifier-level 3 means a building certifier who, 1
under section 151, is licensed as a building certifier-level 3. 2
building surveying technician, for chapter 11, part 15, see 3
section 311. 4
building surveyor, for chapter 11, part 15, see section 311. 5
previous, for chapter 11, part 15, see section 311.'. 6
Part 4 Amendment of Coastal 7
Protection and Management 8
Act 1995 9
Clause 20 Act amended 10
This part amends the Coastal Protection and Management Act 11
1995. 12
Clause 21 Amendment of s 100A (Removal of quarry material is 13
subject to other approvals) 14
Section 100A(3)(a)(ii), `tidal works or'-- 15
omit. 16
Clause 22 Amendment of s 123 (Right to occupy and use land on 17
which particular tidal works were, or are to be, carried 18
out) 19
Section 123(5)-- 20
insert-- 21
`development permit includes a UDA development permit 22
under the Urban Land Development Authority Act 2007.'. 23
Page 23
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 5 Amendment of Local Government Act 2009
[s 23]
Part 5 Amendment of Local 1
Government Act 2009 2
Clause 23 Act amended 3
This part amends the Local Government Act 2009. 4
Clause 24 Amendment of s 8 (Local government's responsibility for 5
local government areas) 6
Section 8(2)-- 7
insert-- 8
`Note-- 9
The Brisbane City Council is the local government for the City of 10
Brisbane. For the local government area of the Brisbane City Council, 11
see the City of Brisbane Act 2010, section 7.'. 12
Clause 25 Amendment of s 132 (Entering under an application, 13
permit or notice) 14
Section 132(1)(d), `was carried out under'-- 15
omit, insert-- 16
`is the subject of, or was carried out under,'. 17
Clause 26 Amendment of s 217 (LG super scheme) 18
(1) Section 217(4)-- 19
renumber as section 217(5). 20
(2) Section 217-- 21
insert-- 22
`(4) The super board may include particular other matters in the 23
trust deed under section 220B or 220C.'. 24
Page 24
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 5 Amendment of Local Government Act 2009
[s 27]
Clause 27 Amendment of s 220 (Amount of yearly 1
contributions--particular employers) 2
(1) Section 220-- 3
insert-- 4
`(10) Subsections (3) and (5) are subject to section 220B.'. 5
Clause 28 Amendment of s 220A (Amount of yearly 6
contributions--permanent employees and prescribed 7
employees) 8
Section 220A-- 9
insert-- 10
`(7) Subsection (3) is subject to sections 220B and 220C. 11
`(8) Subsection (4) is subject to section 220B.' 12
Clause 29 Insertion of new ss 220B and 220C 13
After section 220A-- 14
insert-- 15
`220B Reduction in contributions to prevent them exceeding 16
concessional contributions cap 17
`(1) Subsection (2) applies if the total of the following (the 18
pre-agreement contributions) would, but for subsection (2), 19
be more than an employee's concessional contributions cap 20
for a financial year-- 21
(a) the yearly contribution to the LG super scheme made 22
under section 220(3) or (5) by an employer for the 23
employee; 24
(b) the yearly contribution to the LG super scheme, if any, 25
made under section 220A(4) by an employer for the 26
employee. 27
`(2) The employer and employee may agree in writing-- 28
Page 25
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 5 Amendment of Local Government Act 2009
[s 29]
(a) to reduce the pre-agreement contributions to the amount 1
equal to the employee's concessional contributions cap 2
for the financial year; and 3
(b) if a yearly contribution made under section 220A(4) is 4
part of the pre-agreement contributions--on the extent, 5
if any, to which a contribution mentioned in subsection 6
(1)(a) or (b) will be reduced to achieve the reduction. 7
`(3) If the pre-agreement contributions are reduced under 8
subsection (2)-- 9
(a) the amount of the reduction must be paid by the 10
employer to the employee as salary; and 11
(b) no contribution is payable under section 220(3) or (5) by 12
the employer because of salary paid under paragraph 13
(a); and 14
(c) no contribution is payable under section 220A(3) by the 15
employee because of salary paid under paragraph (a) 16
other than to the extent, if any, to which the salary 17
amount relates to a reduction of a yearly contribution 18
under section 220A(4). 19
`(4) The employer or employee must give the super board a copy 20
of the agreement within 2 months after the agreement is made. 21
`(5) The super board may include the matters set out in 22
subsections (1) and (2) in the trust deed. 23
`(6) In this section-- 24
concessional contributions cap, for an employee, means the 25
employee's concessional contributions cap within the 26
meaning of the Income Tax Assessment Act 1997 (Cwlth), 27
section 292-20(2), subject to the Income Tax (Transitional 28
Provisions) Act 1997 (Cwlth) section 292-20(2). 29
Page 26
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 30]
`220C Exemption from payment of yearly contributions on 1
grounds of financial hardship 2
`(1) A prescribed employee of the Brisbane City Council who is 3
an accumulation benefit member and his or her employer may 4
agree in writing-- 5
(a) that the employee is exempt, on the grounds of the 6
employee's financial hardship, from paying all, or a 7
stated part, of the contributions payable under section 8
220A(3) by the employee; and 9
(b) on the period, of not more than 1 year, of the exemption. 10
`(2) Subsection (1)(b) does not limit the number of times the 11
employer and prescribed employee may agree to an 12
exemption under subsection (1) for the employee. 13
`(3) The employer or prescribed employee must give the super 14
board a copy of the agreement within 2 months after the 15
agreement is made. 16
`(4) The super board may include the matters set out in 17
subsections (1) and (2) in the trust deed. 18
`(5) In this section-- 19
prescribed employee, of the Brisbane City Council, see 20
section 220A(2).'. 21
Part 6 Amendment of Plumbing and 22
Drainage Act 2002 23
Clause 30 Act amended 24
This part amends the Plumbing and Drainage Act 2002. 25
Note-- 26
See also the amendments in the schedule. 27
Page 27
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 31]
Clause 31 Amendment of s 6 (Functions of council) 1
(1) Section 6(1)-- 2
insert-- 3
`(da) approve audit programs and audit licensees to monitor 4
and enforce compliance with part 4; and'. 5
(2) Section 6(1)(da) to (g)-- 6
renumber as section 6(1)(e) to (h). 7
Clause 32 Amendment of s 9 (Membership of council) 8
(1) Section 9(3)(a)(ii), `Training and Employment Act 2000'-- 9
omit, insert-- 10
`Vocational Education, Training and Employment Act 2000'. 11
(2) Section 9(3)(a)(iv)-- 12
omit, insert-- 13
`(iv) Local Government Association of Queensland Ltd 14
ACN 142 783 917;'. 15
Clause 33 Amendment of s 32 (Revenue from fees) 16
Section 32(3), from `toward'-- 17
omit, insert-- 18
`toward the administration of this Act, including monitoring 19
and enforcing compliance with this Act.'. 20
Clause 34 Insertion of new pt 2, div 8, sdiv 3A 21
Part 2, division 8-- 22
insert-- 23
Page 28
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 34]
`Subdivision 3A Council audit programs and 1
auditing licensees 2
`33TA Definitions for sdiv 3A 3
`In this subdivision-- 4
approved audit program means an audit program approved by 5
the council under section 33TB. 6
employed licensee see section 33TD(1)(c). 7
relevant person see section 33TD(1)(c). 8
`33TB Approved audit program 9
`(1) The council may prepare and approve an audit program under 10
which it may audit licensees to find out if they have been 11
complying with part 4. 12
`(2) The audit program takes effect as an approved audit program 13
when it is approved by resolution of the council. 14
`(3) The council must, before the approved audit program starts, 15
give the chief executive-- 16
(a) notice of the resolution; and 17
(b) a copy of the program. 18
`(4) The approved audit program must state all of the following-- 19
(a) the purpose of the program; 20
(b) when the program starts; 21
(c) the period over which the program is to be carried out; 22
(d) criteria for selecting licensees who are to be the subject 23
of audit; 24
(e) if the licensees to be audited are to be selected from 25
licensees holding licences of a particular class--a 26
description of the class; 27
(f) how licensees selected for audit under the program will 28
be advised that they have been selected. 29
Page 29
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 34]
`(5) The council must ensure a copy of the approved audit 1
program is available for inspection at the council's office. 2
Editor's note-- 3
The council's office is located at 63 George Street, Brisbane. 4
`33TC Notice of approved audit program 5
`(1) The chief executive must publish notice of an approved audit 6
program on the department's website. 7
`(2) The notice must be published before the approved audit 8
program starts. 9
`(3) The notice must state all of the following-- 10
(a) the purpose of the approved audit program; 11
(b) when the program starts; 12
(c) the period over which the program is to be carried out; 13
(d) the criteria for selecting licensees who are to be the 14
subject of audit; 15
(e) if the licensees to be audited are to be selected from 16
licensees holding licences of a particular class--a 17
description of the class; 18
(f) how licensees selected for audit under the program will 19
be advised that they have been selected; 20
(g) the obligations to be complied with by licensees 21
selected for audit under the program. 22
`(4) The chief executive must ensure notice of the approved audit 23
program is kept on the department's website during the period 24
over which the program is to be carried out. 25
`33TD Supply of documents or information 26
`(1) This section applies to each of the following-- 27
(a) a licensee selected to be audited under an approved audit 28
program; 29
Page 30
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 34]
(b) if the council is satisfied, because of information 1
received by the council, that there are reasonable 2
grounds for concern that a licensee is not, or has not 3
been, complying with part 4--the licensee; 4
(c) a person (a relevant person) who-- 5
(i) conducts a business for carrying out plumbing 6
work or drainage work; and 7
(ii) employs a licensee (an employed licensee) to 8
whom paragraph (a) or (b) applies to carry out the 9
work. 10
`(2) The council or an investigator may give written notice to the 11
licensee or relevant person requiring the licensee or person to 12
give the council or investigator copies of, access to, or 13
information about the documents described in the notice. 14
`(3) The notice must describe only the documents the council or 15
investigator reasonably requires to decide whether any of the 16
following are, or have been, complying with part 4-- 17
(a) if the notice is given to a licensee--the licensee; 18
(b) otherwise--an employed licensee. 19
Examples of documents for subsection (3)-- 20
invoices, receipts, bookkeeping records and statements from a financial 21
institution 22
`(4) Also, the notice must state that-- 23
(a) the licensee or person must comply with the notice even 24
though complying might tend to incriminate the 25
licensee, person or an employed licensee, or expose the 26
licensee, person or employed licensee to a penalty; and 27
(b) under section 33TF, there is a limited immunity against 28
the future use of the information or document given in 29
compliance with the notice. 30
`(5) In this section-- 31
employ includes engage on a contract for services or 32
commission, whether or not for reward. 33
Page 31
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 34]
`33TE Offence to contravene notice 1
`(1) A licensee or relevant person who receives a notice under 2
section 33TD must comply with the notice within 10 business 3
days after receiving it, unless the licensee or person has a 4
reasonable excuse. 5
Maximum penalty--100 penalty units. 6
`(2) It is not a reasonable excuse for a licensee or relevant person 7
to fail to comply with the notice on the basis that complying 8
might tend to incriminate the licensee, person or an employed 9
licensee, or expose the licensee, person or employed licensee 10
to a penalty. 11
`33TF Evidential immunity for licensees and other persons 12
`(1) Subsection (3) applies to a licensee if, under section 33TE-- 13
(a) the licensee gives the council or an investigator copies 14
of, access to, or information about a document; or 15
(b) a relevant person gives the council or an investigator 16
copies of, access to, or information about a document 17
relating to the licensee. 18
`(2) Also, subsection (3) applies to a relevant person who is an 19
individual if, under section 33TE, the person gives the council 20
or an investigator copies of, access to, or information about a 21
document. 22
`(3) Evidence of the information or document, and other evidence 23
directly or indirectly derived from the information or 24
document, is not admissible against the licensee or relevant 25
person in any proceeding to the extent it tends to incriminate 26
the licensee or person, or expose the licensee or person to a 27
penalty, in the proceeding. 28
`(4) Subsection (3) does not apply to-- 29
(a) a proceeding about the false or misleading nature of the 30
information or anything in the document or in which the 31
false or misleading nature of the information or 32
document is relevant evidence; or 33
Page 32
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 35]
(b) a disciplinary proceeding against the licensee under part 1
3; or 2
(c) a proceeding against the licensee for an offence under 3
part 4.'. 4
Clause 35 Insertion of new s 33W 5
After section 33V-- 6
insert-- 7
`33W Council's obligation to keep record of notices under s 8
87 9
`(1) The council must keep a record of each notice given to it 10
under section 87 until-- 11
(a) if the notice relates to a class 2 to 9 building under the 12
Building Code of Australia--the building is demolished 13
or removed; or 14
(b) if the notice relates to a class 1 or 10 building under the 15
Building Code of Australia--the earlier of the 16
following-- 17
(i) the building is demolished or removed; 18
(ii) the day that is 10 years after the notice was 19
received by the council. 20
`(2) The council must, while it is required to keep a record of the 21
notice, give a local government access to the record and allow 22
the local government to copy the record.'. 23
Clause 36 Amendment of s 64 (Grounds for discipline) 24
(1) Section 64(f), `has'-- 25
omit. 26
(2) Section 64-- 27
insert-- 28
`(fa) not given a local government or the council a notice or 29
document as required under this Act; or'. 30
Page 33
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 37]
(3) Section 64(fa) to (h)-- 1
renumber as section 64(g) to (i). 2
Clause 37 Amendment of s 65 (Disciplinary action that may be taken 3
by council) 4
(1) Section 65(e), after `council'-- 5
insert-- 6
`, within a reasonable stated period,'. 7
(2) Section 65-- 8
insert-- 9
`(2) Subsection (3) applies if a licensee does not, within the stated 10
period under subsection (1)(e), pay the council the amount 11
required to be paid under the subsection. 12
`(3) The council may recover the unpaid part of the amount from 13
the licensee as a debt.'. 14
Clause 38 Amendment of s 78 (Compliance permit) 15
Section 78(1) and (3), `regulated'-- 16
omit, insert-- 17
`compliance assessable'. 18
Clause 39 Amendment of s 79 (Compliance certificate) 19
Section 79(1), `regulated'-- 20
omit, insert-- 21
`compliance assessable'. 22
Clause 40 Amendment of s 80 (Purpose of compliance assessment) 23
Section 80, `regulated'-- 24
Page 34
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 41]
omit, insert-- 1
`compliance assessable'. 2
Clause 41 Amendment of s 81 (Regulated work and on-site 3
sewerage work must be assessed for compliance) 4
Section 81, `Regulated'-- 5
omit, insert-- 6
`Compliance assessable'. 7
Clause 42 Amendment of s 83 (Compliance permit required for 8
certain regulated work or any on-site sewerage work) 9
Section 83, `regulated'-- 10
omit, insert-- 11
`compliance assessable'. 12
Clause 43 Amendment of s 84 (Regulated work or on-site sewerage 13
work by a public sector entity) 14
(1) Section 84, heading, `Regulated'-- 15
omit, insert-- 16
`Compliance assessable'. 17
(2) Section 84(1), `regulated'-- 18
omit, insert-- 19
`compliance assessable'. 20
Clause 44 Amendment of s 85 (Process for assessing plans) 21
(1) Section 85(1) and (2), `regulated'-- 22
omit, insert-- 23
`compliance assessable'. 24
(2) Section 85(7), examples, `regulated'-- 25
Page 35
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 45]
omit, insert-- 1
`compliance assessable'. 2
Clause 45 Amendment of s 85A (Participating local government to 3
give documents or information to distributor-retailer) 4
Section 85A(1), `regulated'-- 5
omit, insert-- 6
`compliance assessable'. 7
Clause 46 Amendment of s 85B (Restrictions on giving compliance 8
permit for greywater use facility in a sewered area) 9
Section 85B(1), `regulated'-- 10
omit, insert-- 11
`compliance assessable'. 12
Clause 47 Amendment of s 85C (Restrictions on giving compliance 13
permit for greywater use facility not in a sewered area) 14
Section 85C(1), `regulated'-- 15
omit, insert-- 16
`compliance assessable'. 17
Clause 48 Amendment of s 86 (General process for assessing 18
regulated work and on-site sewerage work) 19
Section 86, `regulated'-- 20
omit, insert-- 21
`compliance assessable'. 22
Clause 49 Amendment of s 86AA (Participating local government to 23
give documents or information to distributor-retailer) 24
Section 86AA(1), `regulated'-- 25
Page 36
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 50]
omit, insert-- 1
`compliance assessable'. 2
Clause 50 Amendment of s 86A (Process for assessing certain 3
regulated work or on-site sewerage work in remote areas) 4
Section 86A, `regulated'-- 5
omit, insert-- 6
`compliance assessable'. 7
Clause 51 Amendment of s 86C (Conditions of compliance 8
certificate) 9
Section 86C(1) and (2), `regulated'-- 10
omit, insert-- 11
`compliance assessable'. 12
Clause 52 Amendment of pt 4, div 4B, hdg (Minor and unregulated 13
work) 14
Part 4, division 4B, heading, `Minor'-- 15
omit, insert-- 16
`Notifiable'. 17
Clause 53 Amendment of s 87 (Minor work) 18
(1) Section 87, heading, `Minor'-- 19
omit, insert-- 20
`Notifiable'. 21
(2) Section 87(1)-- 22
omit, insert-- 23
`(1) This section applies for notifiable work that has been 24
completed.'. 25
Page 37
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 53]
(3) Section 87(2), `local government'-- 1
omit, insert-- 2
`council'. 3
(4) Section 87(2), penalty, `10'-- 4
omit, insert-- 5
`60'. 6
(5) Section 87(3) to (6)-- 7
omit, insert-- 8
`(3) The notice must-- 9
(a) either-- 10
(i) if a relevant entity gives the notice--be written; or 11
(ii) if another person gives the notice--be in the 12
approved form or made electronically under 13
section 87A; and 14
(b) be given within 10 business days after completion of the 15
work; and 16
(c) be accompanied by the fee prescribed under a 17
regulation. 18
`(4) The local government may, but need not, assess the work. 19
`(5) The relevant entity or person must also give a copy of the 20
notice to-- 21
(a) the owner of the premises where the work was carried 22
out; or 23
(b) if another person asked the relevant entity or person to 24
carry out the work--the other person.'. 25
(6) Section 87(8), `local government', second mention-- 26
omit, insert-- 27
`council'. 28
Page 38
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 54]
Clause 54 Insertion of new s 87A 1
After section 87-- 2
insert-- 3
`87A Special provision about electronic notices 4
`(1) The chief executive may approve an electronic system (the 5
approved system) to send and receive electronic 6
communications under this part. 7
`(2) If a licensee can use the approved system for giving a notice 8
under this part, the notice may be given by electronically 9
sending to the council, using the approved system, the 10
information required in the approved form for the notice in the 11
format provided for under the approved system.'. 12
Clause 55 Amendment of s 128B (Owner's obligation to ensure 13
compliance with conditions of compliance certificate) 14
Section 128B, `regulated'-- 15
omit, insert-- 16
`compliance assessable'. 17
Clause 56 Amendment of s 128F (Restrictions on operating 18
greywater use facility) 19
Section 128F, `regulated'-- 20
omit, insert-- 21
`compliance assessable'. 22
Clause 57 Insertion of new s 128RA 23
After section 128R-- 24
insert-- 25
Page 39
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 58]
`128RA False or misleading statements 1
`A person must not state anything to an investigator, inspector, 2
local government or the council that the person knows is false 3
or misleading in a material particular. 4
Maximum penalty--40 penalty units.'. 5
Clause 58 Amendment of s 128S (False or misleading documents) 6
Section 128S, `investigator or inspector'-- 7
omit, insert-- 8
`investigator, inspector, local government or the council'. 9
Clause 59 Insertion of new pt 10, div 9 10
Part 10-- 11
insert-- 12
`Division 9 Transitional provision for 13
Sustainable Planning and Other 14
Legislation Amendment Act 2011 15
`189 Regulated work taken to be compliance assessable 16
work 17
`(1) This section applies to a compliance request for compliance 18
assessment of a plan for regulated work made to a local 19
government under section 85 before the commencement. 20
`(2) On the commencement, the work the subject of the request is 21
taken to be compliance assessable work. 22
`(3) If, before the commencement, the local government has given 23
the person who made the request a compliance permit for the 24
work-- 25
(a) the compliance permit is taken to be a compliance 26
permit for compliance assessable work; and 27
Page 40
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 6 Amendment of Plumbing and Drainage Act 2002
[s 60]
(b) any condition of the compliance permit continues to 1
apply. 2
`(4) In this section-- 3
commencement means the commencement of this section.'. 4
Clause 60 Amendment of schedule (Dictionary) 5
(1) Schedule, definition regulated work-- 6
omit. 7
(2) Schedule-- 8
insert-- 9
`approved audit program, for part 2, division 8, subdivision 10
3A, see section 33TA. 11
compliance assessable work means plumbing work or 12
drainage work that is not notifiable work, minor work or 13
unregulated work. 14
employed licensee, for part 2, division 8, subdivision 3A, see 15
section 33TD(1)(c). 16
notifiable work means plumbing work or drainage work 17
prescribed under the Standard Plumbing and Drainage 18
Regulation as notifiable work. 19
relevant person, for part 2, division 8, subdivision 3A, see 20
section 33TD(1)(c).'. 21
(3) Schedule, definition plumbing code authorisation and 22
certification, from `called' to `Forum'-- 23
omit, insert-- 24
`called `National Construction Code volume 3--Plumbing 25
Code of Australia' produced for all State governments by the 26
Australian Building Codes Board'. 27
(4) Schedule, definition SEQ water work, paragraph (a) 28
`regulated'-- 29
Page 41
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 61]
omit, insert-- 1
`compliance assessable'. 2
Part 7 Amendment of Sustainable 3
Planning Act 2009 4
Clause 61 Act amended 5
This part amends the Sustainable Planning Act 2009. 6
Clause 62 Insertion of new s 78A 7
Chapter 3, part 1-- 8
insert-- 9
`78A Relationship between local planning instruments and 10
Building Act 11
`(1) A local planning instrument must not include provisions about 12
building work, to the extent the building work is regulated 13
under the building assessment provisions, unless permitted 14
under the Building Act. 15
Note-- 16
The Building Act, sections 31, 32 and 33 provide for matters about the 17
relationship between local planning instruments and that Act for 18
particular building work. 19
`(2) To the extent a local planning instrument does not comply 20
with subsection (1), the local planning instrument has no 21
effect. 22
`(3) In this section-- 23
building assessment provisions does not include IDAS or a 24
provision of a local planning instrument.'. 25
Page 42
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 63]
Clause 63 Omission of s 86 (Relationship between planning 1
schemes and Building Act) 2
Section 86-- 3
omit. 4
Clause 64 Amendment of s 126 (Power of Minister to direct local 5
government to take particular action about local planning 6
instrument) 7
(1) Section 126(1)(b), `or a proposed local planning 8
instrument'-- 9
omit, insert-- 10
`, proposed local planning instrument or proposed amendment 11
of a local planning instrument'. 12
(2) Section 126(2), from `a local planning'-- 13
omit, insert-- 14
`-- 15
(a) a local planning instrument; or 16
(b) a proposed local planning instrument; or 17
(c) a proposed amendment of a local planning instrument. 18
Example for paragraph (c)-- 19
an amendment to include a structure plan for a declared master 20
planned area'. 21
(3) Section 126(4)(c) and (d)-- 22
renumber as section 126(4)(d) and (e). 23
(4) Section 126(4)-- 24
insert-- 25
`(c) make a structure plan or comply with timeframes 26
mentioned in section 133(2)(d) for its making; or'. 27
Page 43
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 65]
Clause 65 Amendment of s 129 (Power of Minister to take action 1
about local planning instrument without direction to local 2
government) 3
(1) Section 129(7) and (8)-- 4
renumber as section 129(8) and (9). 5
(2) Section 129-- 6
insert-- 7
`(7) To remove any doubt, it is declared that the Minister is not 8
required to consult with anyone before taking the action.'. 9
Clause 66 Amendment of s 144 (Special charge for making a 10
structure plan) 11
(1) Section 144(9), before `about'-- 12
insert-- 13
`or the City of Brisbane Act, section 98(a)'. 14
(2) Section 144(9), `under that Act'-- 15
omit. 16
(3) Section 144(10), definition rateable land-- 17
omit, insert-- 18
`rateable land-- 19
(a) for a local government other than the Brisbane City 20
Council--see the Local Government Act, section 93(2); 21
or 22
(b) for the Brisbane City Council--see the City of Brisbane 23
Act, section 95(2).'. 24
Clause 67 Amendment of s 189 (Ministerial directions to local 25
government) 26
Section 189-- 27
insert-- 28
Page 44
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 68]
`(6) The Minister is not required to consult with anyone before 1
giving a direction under this section.'. 2
Clause 68 Amendment of s 190 (Ministerial directions to applicant) 3
Section 190-- 4
insert-- 5
`(6) The Minister is not required to consult with anyone before 6
giving a direction under this section.'. 7
Clause 69 Amendment of s 248 (Jurisdiction of local government as 8
assessment manager for particular development) 9
(1) Section 248(a), after `section 9'-- 10
insert-- 11
`and the City of Brisbane Act, section 11'. 12
(2) Section 248(a), editor's note-- 13
omit. 14
Clause 70 Amendment of s 322 (Decision-making period suspended 15
until approval of master plan) 16
(1) Section 322(1)(b), `development'-- 17
omit, insert-- 18
`land'. 19
(2) Section 322(1)(c), `for the development'-- 20
omit. 21
Clause 71 Amendment of s 372 (Copy of request to be given to 22
particular entities) 23
Section 372(1)(a), from `agency--'-- 24
omit, insert-- 25
`agency-- 26
Page 45
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 72]
(i) the assessment manager for the application to 1
which the development approval applies (the 2
original application); and 3
(ii) any other concurrence agencies for the original 4
application;'. 5
Clause 72 Amendment of s 376 (Notice of decision) 6
Section 376(2)(b)-- 7
omit, insert-- 8
`(b) if the request was approved and the responsible entity is 9
a concurrence agency--be accompanied by a copy of 10
the concurrence agency's response for the original 11
application showing the changes; and 12
(c) if the request was approved and paragraph (b) does not 13
apply--be accompanied by a copy of the decision 14
notice, if any, for the original application showing the 15
changes.'. 16
Clause 73 Amendment of s 378 (When condition may be changed or 17
cancelled by assessment manager or concurrence 18
agency) 19
(1) Section 378(8)(a)(iii), `to the holder'-- 20
omit. 21
(2) Section 378(8)(b)-- 22
omit, insert-- 23
`(b) if the condition was imposed by a concurrence 24
agency--be accompanied by a copy of the concurrence 25
agency's response for the original application showing 26
the changes; and 27
(c) if paragraph (b) does not apply--be accompanied by a 28
copy of the decision notice, if any, for the original 29
application showing the changes.'. 30
Page 46
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 74]
Clause 74 Insertion of new s 422A 1
Chapter 6, part 11, division 1-- 2
insert-- 3
`422A No requirement to consult on directions 4
`The Minister is not required to consult with anyone before 5
giving a direction under this division.'. 6
Clause 75 Amendment of s 423 (Definitions for div 2) 7
Section 423-- 8
insert-- 9
`proposed call in notice, for an application, see section 10
424A(1). 11
representation period, for an application, means-- 12
(a) the stated representation period mentioned in section 13
424A(3)(h); or 14
(b) if the stated representation period is extended or further 15
extended under section 424A(4)--the period as 16
extended or further extended.'. 17
Clause 76 Replacement of s 424 (When a development application 18
may be called in) 19
Section 424-- 20
omit, insert-- 21
`424 Application may be called in only for State interest 22
`The Minister may, under this division, call in an application 23
only if the development involves a State interest. 24
`424A Notice of proposed call in 25
`(1) Before calling in the application, the Minister must give 26
written notice of the proposed call in (the proposed call in 27
notice) to each of the following-- 28
Page 47
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 76]
(a) the assessment manager; 1
(b) the applicant; 2
(c) any submitters for the application, of which the Minister 3
is aware when the notice is given; 4
(d) each concurrence agency for the application. 5
`(2) The notice may be given at any time after the application is 6
made until the latest of the following-- 7
(a) 15 business days after the day the chief executive 8
receives notice of an appeal about the application; 9
(b) if there are any submitters for the application--50 10
business days after the day the decision notice or 11
negotiated decision notice is given to the applicant; 12
(c) if there are no submitters for the application and a 13
decision notice or negotiated decision notice is 14
given--25 business days after the day the decision 15
notice or negotiated decision notice is given to the 16
applicant; 17
(d) if the application is taken to have been approved under 18
section 331 and a decision notice or negotiated decision 19
notice is not given--25 business days after the day the 20
decision notice was required to be given to the applicant. 21
`(3) The notice must state all of the following-- 22
(a) the Minister is proposing to call in the application; 23
(b) the reasons for the proposed call in; 24
(c) if the notice is given before the assessment manager 25
makes a decision on the application--that the IDAS 26
process stops on the day the notice is given; 27
(d) the point in the IDAS process, before or at the start of 28
the decision stage, the Minister proposes the process 29
will restart if the application is called in; 30
(e) whether the Minister intends to assess and decide, or 31
reassess and re-decide, the application having regard 32
Page 48
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 76]
only to the State interest for which the application may 1
be called in; 2
(f) if the Minister intends to assess and decide, or reassess 3
and re-decide, the application having regard only to the 4
State interest--that the assessment and decision 5
provisions do not apply to the Minister's assessment of, 6
and decision on, the application; 7
(g) if the application is proposed to be called in before the 8
assessment manager makes a decision on the 9
application--whether the Minister intends to give a 10
direction to the assessment manager under section 11
425(6); 12
(h) that the person to whom the notice is given may make 13
representations to the Minister about the proposed call 14
in within the period (the stated representation period), 15
of at least 5 business days after the notice is given, stated 16
in the notice. 17
`(4) The Minister may, by notice given to each person to whom the 18
proposed call in notice was given and before the end of the 19
stated representation period or any extension of the period, 20
extend or further extend the period for making representations 21
to the Minister. 22
`424B Effect of proposed call in notice on IDAS process 23
`(1) If the proposed call in notice is given before the assessment 24
manager decides the application, the IDAS process stops at 25
the point in the process at which the notice is given. 26
`(2) If the Minister gives notice under section 424C(2) that the 27
application will not be called in, the IDAS process restarts 28
from the point in the process at which it stopped under 29
subsection (1). 30
Page 49
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 76]
`424C Minister to consider representations about proposed 1
call in 2
`(1) The Minister must, after considering all representations made 3
to the Minister in the representation period for the application, 4
decide-- 5
(a) to call in the application; or 6
(b) not to call in the application. 7
`(2) If the Minister decides not to call in the application, the 8
Minister must, within 20 business days after the end of the 9
representation period for the application, give each person to 10
whom the proposed call in notice was given a written notice 11
stating-- 12
(a) the application will not be called in; and 13
(b) if the proposed call in notice was given before the 14
assessment manager made a decision on the 15
application--the IDAS process for the application 16
restarts from the point in the process at which it stopped 17
because of the giving of the proposed call in notice. 18
`424D Effect of proposed call in on appeal period 19
`(1) This section applies-- 20
(a) to an application for which a notice is given under 21
section 424C(2) if the assessment manager has made a 22
decision on the application before the notice is given; 23
and 24
(b) for any appeal period relating to the application under 25
this Act. 26
`(2) The appeal period for the application is taken to have started 27
again the day after the notice is given. 28
`(3) Subsection (2) applies-- 29
(a) whether or not the notice is given after the appeal period 30
would, but for this section, have ended; and 31
(b) despite any other provision of this Act. 32
Page 50
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 77]
`424E Effect of proposed call in notice on development 1
approval 2
`(1) This section applies if a proposed call in notice is given for an 3
application-- 4
(a) after a development permit or a deemed approval for 5
development under the application has taken effect; or 6
(b) before a development permit or a deemed approval for 7
development under the application has taken effect, if a 8
permit or approval takes effect for the development 9
before the application is called in under section 425. 10
`(2) For this Act, the development permit or deemed approval is 11
taken not to be in effect-- 12
(a) from-- 13
(i) if subsection (1)(a) applies to the application--the 14
day the applicant receives the proposed call in 15
notice; or 16
(ii) if subsection (1)(b) applies to the application--the 17
day the development permit or deemed approval 18
would take effect but for this section; and 19
(b) until-- 20
(i) if the Minister decides not to call in the 21
application--the day the applicant receives notice 22
of that decision; or 23
(ii) if the Minister decides to call in the 24
application--the day the applicant receives notice 25
of the call in under section 425.'. 26
Clause 77 Amendment of s 425 (Notice of call in) 27
(1) Section 425(1), `The'-- 28
omit, insert-- 29
`If the Minister decides to call in the application, the'. 30
(2) Section 425-- 31
Page 51
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 78]
insert-- 1
`(1A) The notice may be given at any time before the day that is 20 2
business days after the representation period for the 3
application ends.'. 4
(3) Section 425(2)(d)-- 5
omit, insert-- 6
`(d) the point in the IDAS process, before or at the start of 7
the decision stage decided by the Minister, from which 8
the process must restart.'. 9
(4) Section 425-- 10
insert-- 11
`(2A) For subsection (3)(d), the Minister may decide a point in the 12
IDAS process that is different to the restarting point 13
mentioned in the proposed call in notice for the application. 14
`(2B) In deciding the point at which the IDAS process restarts, the 15
Minister may have regard to the application, the 16
representations made to the Minister in the representation 17
period for the application and any other matters the Minister 18
considers relevant.'. 19
(5) Section 425(1A) to (5)-- 20
renumber as section 425(2) to (8). 21
(6) Section 425(7), as renumbered under this section, `subsection 22
(3)'-- 23
omit, insert-- 24
`subsection (6)'. 25
Clause 78 Amendment of s 427 (Effect of call in) 26
(1) Section 427(2), from `must'-- 27
omit, insert-- 28
`restarts from the point in the IDAS process stated in the 29
notice of the call in for that purpose.'. 30
Page 52
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 79]
(2) Section 427(3), from `the IDAS process', first mention-- 1
omit, insert-- 2
`the decision is taken to be of no effect and the IDAS process 3
restarts from the point in the IDAS process stated in the notice 4
of the call in for that purpose.'. 5
Clause 79 Insertion of new s 475A 6
After section 475-- 7
insert-- 8
`475A Appeals against decisions under ch 8A 9
`(1) A person who has been given an information notice for a 10
decision of the Minister under chapter 8A, part 3 may appeal 11
to the court against the decision. 12
`(2) An appeal under subsection (1) must be started within 20 13
business days after the day the information notice is given. 14
`(3) If the Minister decides, under chapter 8A, part 3, to register 15
premises or to renew the registration of premises, a relevant 16
person for the premises who is dissatisfied with the decision 17
may appeal to the court against the decision. 18
`(4) An appeal under subsection (3) must be started within 20 19
business days after the day notice about the registration or 20
renewal is published under section 680Y. 21
`(5) In this section-- 22
relevant person, for premises, means any owner or occupier 23
of land in the affected area for the premises.'. 24
Clause 80 Amendment of s 484 (Notice of appeal to other 25
parties--other matters) 26
(1) Section 484(1)(c) to (g)-- 27
renumber as section 484(1)(e) to (i). 28
(2) Section 484(1)-- 29
insert-- 30
Page 53
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 81]
`(c) if the appeal is under section 475A(1)--the Minister; or 1
(d) if the appeal is under section 475A(3)--the Minister and 2
the owner of the registered premises; or'. 3
Clause 81 Amendment of s 493 (Who must prove case) 4
(1) Section 493(4), `or 478'-- 5
omit, insert-- 6
`, 475A(1) or 478'. 7
(2) Section 493-- 8
insert-- 9
`(10) In an appeal under section 475A(3) by a person who is 10
dissatisfied with a decision to register or renew registration of 11
premises under chapter 8A, it is for the owner of the registered 12
premises to establish that the appeal should be dismissed.'. 13
Clause 82 Amendment of s 495 (Appeal by way of hearing anew) 14
(1) Section 495(4)(b)(i), `the appeal'-- 15
omit, insert-- 16
`the aspect of the appeal relating to the assessment manager's 17
consideration of the superseded planning scheme'. 18
(2) Section 495(4)(b)(ii), before `disregard'-- 19
insert-- 20
`in considering the aspect,'. 21
Clause 83 Amendment of s 596 (Assessing authority may take 22
action) 23
Section 596(1), note, from `costs'-- 24
omit, insert-- 25
`costs. See the Local Government Act, section 142 and the City of 26
Brisbane Act, section 132.'. 27
Page 54
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 84]
Clause 84 Amendment of s 629 (Funding trunk infrastructure for 1
local governments) 2
Section 629(1), note, from `for'-- 3
omit, insert-- 4
`and the City of Brisbane Act, chapter 4 (Finances and accountability), 5
part 1 (Rates and charges) for powers of local governments to levy rates 6
and charges in other ways.'. 7
Clause 85 Amendment of s 639 (Infrastructure charges taken to be 8
rates) 9
Section 639(1), `within the meaning of the Local Government 10
Act'-- 11
omit. 12
Clause 86 Amendment of s 648 (Regulated infrastructure charges 13
taken to be rates) 14
Section 648(1), `within the meaning of the Local Government 15
Act'-- 16
omit. 17
Clause 87 Amendment of s 648A (Meaning of adopted infrastructure 18
charge) 19
Section 648A(2), definition pre-SPRP amount-- 20
omit, insert-- 21
`pre-SPRP amount-- 22
1 The pre-SPRP amount, for development, means the 23
maximum amount the local government could have 24
obtained in relation to the development, at the 25
prescribed time, by doing any of the following-- 26
(a) imposing a condition requiring payment of a 27
contribution under section 848; 28
(b) levying an infrastructure charge under division 4; 29
Page 55
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 88]
(c) levying a regulated infrastructure charge under 1
division 5. 2
2 However, for a participating local government for a 3
distributor-retailer, the pre-SPRP amount for 4
development also includes the maximum amount the 5
distributor-retailer could have obtained, under an SEQ 6
infrastructure charges schedule and at the prescribed 7
time, for supplying trunk infrastructure for the 8
development in relation to its water service or 9
wastewater service.'. 10
Clause 88 Amendment of s 648D (Local government may decide 11
matters about charges for infrastructure under State 12
planning regulatory provision) 13
(1) Section 648D(1)(a) and (b), `less'-- 14
omit, insert-- 15
`not more'. 16
(2) Section 648D(1)-- 17
insert-- 18
`(f) provide for the adopted charge, for particular 19
development, to be increased after the charge is levied 20
and before it is paid to the local government.'. 21
(3) Section 648D-- 22
insert-- 23
`(10) If the resolution provides for increasing an adopted 24
infrastructure charge-- 25
(a) the resolution must state how the increase is worked out; 26
and 27
(b) any increase for the particular development must not be 28
more than the lesser of the following amounts-- 29
(i) the amount that is the difference between the 30
amount of the adopted infrastructure charge levied 31
for the development and the amount of the 32
Page 56
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 89]
maximum adopted charge the local government 1
could have levied for the development at the time 2
the charge is paid; 3
(ii) an amount representing the increase in the 4
consumer price index for the period starting on the 5
day the charge is levied and ending on the day the 6
charge is paid. 7
`(11) In this section-- 8
consumer price index means the all groups consumer price 9
index for Brisbane published by the Australian Statistician.'. 10
Clause 89 Amendment of s 648F (Adopted infrastructure charges 11
notices) 12
Section 648F(1)-- 13
insert-- 14
`(e) if the local government has, under its adopted 15
infrastructure charges resolution, provided for the 16
charge to increase--that an additional amount, worked 17
out in compliance with section 648D(10)(b), is payable 18
on the day the charge is paid under this part.'. 19
Clause 90 Insertion of new s 648HA 20
After section 648H-- 21
insert-- 22
`648HA Special provision about increase in adopted 23
infrastructure charge by local government 24
`(1) This section applies despite any other provision of this part. 25
`(2) If an adopted infrastructure charge is increased in compliance 26
with section 648D(10)(b), the charge payable at the time the 27
charge is paid is the amount equal to the sum of the adopted 28
infrastructure charge as levied and the amount of the 29
increase.'. 30
Page 57
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 91]
Clause 91 Amendment of s 648K (Agreements about, and 1
alternatives to, paying adopted infrastructure charge) 2
(1) Section 648K-- 3
insert-- 4
`(1A) If the local government has, under its adopted infrastructure 5
charges resolution, provided for the charge to increase, the 6
agreement must state how the amount of the increase in the 7
charge is payable under the agreement.'. 8
(2) Section 648K(2)-- 9
omit, insert-- 10
`(2) For development infrastructure that is land, the local 11
government may give the applicant or person who requested 12
compliance assessment a notice, in addition to or instead of 13
the notice given under section 648F, requiring the applicant or 14
person to give the local government, in fee simple, part of the 15
land the subject of the development application or request for 16
compliance assessment.'. 17
(3) Section 648K-- 18
insert-- 19
`(3A) However, if the local government has, under its adopted 20
infrastructure charges resolution, provided for the charge to 21
increase, a part of the adopted infrastructure charge payable in 22
combination with land may be increased in compliance with 23
section 648D(10)(b).'. 24
(4) Section 648K(1A) to (5)-- 25
renumber as section 648K(2) to (7). 26
(5) Section 648K(4), as renumbered under this section, 27
`subsection (2)(a)'-- 28
omit, insert-- 29
`subsection (3)'. 30
(6) Section 648K(4), as renumbered under this section, 31
`subsection (2)(b)'-- 32
omit, insert-- 33
Page 58
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 92]
`subsection (3) and section 648F'. 1
(7) Section 648K(6) and (7), as renumbered under this section, 2
`subsection (2)'-- 3
omit, insert-- 4
`subsection (3)'. 5
Clause 92 Amendment of s 648L (Adopted infrastructure charge 6
taken to be rates) 7
Section 648L(1), `within the meaning of the Local 8
Government Act'-- 9
omit. 10
Clause 93 Amendment of s 674 (Recovery of regulated State 11
infrastructure charges) 12
(1) Section 674(2), after `section 96(c)'-- 13
insert-- 14
`or the City of Brisbane Act, section 98(c)'. 15
(2) Section 674(2)(a), `under that Act'-- 16
omit. 17
(3) Section 674(2)(c), after `local government'-- 18
insert-- 19
`or the council'. 20
(4) Section 674(2)(d), after `local government'-- 21
insert-- 22
`or the council'. 23
(5) Section 674(2), editor's note-- 24
omit. 25
Page 59
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
Clause 94 Insertion of new ch 8A 1
After section 680-- 2
insert-- 3
`Chapter 8A Provisions about urban 4
encroachment 5
`Part 1 Preliminary 6
`680A Definitions for ch 8A 7
`In this chapter-- 8
accepted representations see section 680R(2). 9
affected area see section 680O(2). 10
affected area notation-- 11
(a) for registered premises--see section 680X(1); or 12
(b) for a relevant development application--see section 13
680Z(1). 14
appropriate register, for a lot or premises, means the register 15
the registrar keeps under an Act, in which register the lot or 16
premises is registered. 17
code of environmental compliance means a code of 18
environmental compliance under the Environmental 19
Protection Act. 20
information notice, for a decision, means a notice stating-- 21
(a) the decision and the reasons for it; and 22
(b) that the person to whom the notice is given may appeal 23
to the court against the decision; and 24
(c) how the person may appeal. 25
Note-- 26
For appeals against decisions under this chapter, see section 475A. 27
Page 60
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
mapped area see section 680G(2)(a). 1
notice means a written notice. 2
registered premises, if the registration is in force, means 3
premises that are registered under this chapter. 4
registrar means the registrar of titles under the Land Title Act 5
1994 or another person who, under an Act, is responsible for 6
keeping a register for dealings in land. 7
registration certificate see the Environmental Protection Act, 8
section 73F. 9
relevant development application see section 680B. 10
show cause notice see section 680Q(1). 11
show cause period see section 680Q(2)(d). 12
technical report see section 680G(2)(h). 13
`680B What is a relevant development application 14
`(1) A relevant development application is a development 15
application made under this Act or repealed IPA for-- 16
(a) if the application is for development on land, other than 17
undeveloped land, in an affected area--a material 18
change of use of premises or reconfiguring a lot in the 19
affected area, other than in relation to-- 20
(i) a class 1a or class 1b building; or 21
(ii) a class 10 building or structure; or 22
(b) if the application is for development on undeveloped 23
land in an affected area--a material change of use of 24
premises or reconfiguring a lot in the affected area, other 25
than in relation to a class 10 building or structure. 26
`(2) In this section-- 27
class, for a building or structure, means its particular 28
classification under the BCA. 29
undeveloped land means any of the following land-- 30
Page 61
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(a) land in its natural state; 1
(b) land that is or was used for a following purpose and has 2
not been developed for urban purposes-- 3
(i) agriculture; 4
(ii) animal husbandry activities; 5
(iii) apiculture; 6
(iv) aquaculture; 7
(v) dairy farming; 8
(vi) grazing; 9
(vii) horticulture; 10
(viii) viticulture; 11
(c) land on which an abattoir or tannery is or was situated 12
and that has not been developed for urban purposes. 13
`680C Purpose of ch 8A and its achievement 14
`(1) The purpose of this chapter is to protect existing uses of 15
particular premises from encroachment by, and the 16
intensification of, other development. 17
`(2) The purpose is to be achieved mainly by restricting particular 18
civil proceedings, and criminal proceedings relating to a local 19
law, in connection with activities involving the emission of 20
aerosols, fumes, light, noise, odour, particles or smoke. 21
`Part 2 Restrictions on legal 22
proceedings 23
`680D Application of pt 2 24
`This part applies to the following relevant development 25
applications-- 26
Page 62
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(a) a relevant development application made after the 1
commencement of this section; 2
(b) a relevant development application made before the 3
commencement for which a decision notice had not 4
been given to the applicant before the commencement; 5
(c) a relevant development application for premises for 6
which-- 7
(i) a development approval has been given for the 8
application before the commencement; and 9
(ii) a certificate of classification had not been given 10
before the commencement. 11
`680E Restrictions on legal proceedings 12
`(1) This section applies to a claim by an affected person that-- 13
(a) an act or omission of a person in carrying out an activity 14
at registered premises (a relevant act) is, was or will be 15
an unreasonable interference, or likely interference, with 16
an environmental value; and 17
(b) the relevant act was, or was caused by or caused, the 18
emission of aerosols, fumes, light, noise, odour, 19
particles or smoke. 20
`(2) The affected person can not take a civil proceeding for 21
nuisance, or a criminal proceeding relating to a local law, 22
against any person in relation to the claim if the following 23
have been complied with for the relevant act-- 24
(a) the development approval for the registered premises; 25
(b) any code of environmental compliance applying to the 26
relevant act. 27
`(3) Subsection (2) applies despite the Environmental Protection 28
Act or any other Act. 29
`(4) This section does not apply if-- 30
(a) either-- 31
Page 63
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(i) a development approval for the registered premises 1
or a registration certificate for the carrying out of 2
an activity at the premises is amended (an 3
amended authority); or 4
(ii) a new development approval is given for the 5
premises or a new registration certificate is given 6
authorising the carrying out of an environmentally 7
relevant activity at the premises (a new authority); 8
and 9
(b) greater emissions of aerosols, fumes, light, noise, odour, 10
particles or smoke at the registered premises are 11
authorised under the amended authority or new 12
authority than were authorised under the relevant 13
development approval or registration certificate in force 14
when the premises became registered premises. 15
`(5) Also, this section does not apply if-- 16
(a) a code of environmental compliance is amended (also an 17
amended authority) or a new code of environmental 18
compliance is approved or made (also a new authority); 19
and 20
(b) an activity involving greater emissions of aerosols, 21
fumes, light, noise, odour, particles or smoke could be 22
carried out at the registered premises in compliance with 23
the amended or new authority than could have been 24
carried out in compliance with the relevant code of 25
environmental compliance in force when the premises 26
became registered premises. 27
`(6) In this section-- 28
affected person-- 29
(a) means the owner, occupier or lessee of premises if the 30
premises is the subject of a relevant development 31
application for a material change of use of the premises 32
or reconfiguring a lot on which the premises is situated; 33
and 34
(b) includes the owner's successors in title. 35
Page 64
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
environmental value means an environmental value under the 1
Environmental Protection Act. 2
`Part 3 Registration of premises 3
`Division 1 Application for registration 4
`680F Who may apply 5
`The owner of premises may apply to the Minister for 6
registration of the premises under this part if-- 7
(a) an activity carried out at the premises involves the 8
emission of aerosols, fumes, light, noise, odour, 9
particles or smoke; and 10
(b) the activity is not a mining activity or a chapter 5A 11
activity; and 12
(c) the levels of emissions of the aerosols, fumes, light, 13
noise, odour, particles or smoke are in compliance with 14
the following-- 15
(i) the development approval for the premises; 16
(ii) any code of environmental compliance applying to 17
the activity. 18
`680G Requirements for application 19
`(1) The application must be in the approved form. 20
`(2) The application must be accompanied by all of the 21
following-- 22
(a) a map showing details of the area (the mapped area) for 23
which the premises are proposed to be registered; 24
Page 65
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(b) details of any intensification of development, or 1
proposed development, within the mapped area, that is 2
encroaching, or is likely to encroach, on the premises; 3
(c) details of information in the planning scheme, and any 4
regional plan, applying to the mapped area about the 5
nature of development proposed for the mapped area; 6
(d) information about the significance of the activity carried 7
out at the premises to the economy, heritage or 8
infrastructure of the State, a region or the locality in 9
which the mapped area is situated; 10
(e) details of public consultation undertaken in the mapped 11
area by or for the applicant about the proposed 12
registration, including the period for which it was 13
undertaken and its outcomes; 14
Examples of public consultation-- 15
· letters circulated 16
· public notices published 17
· meetings held to seek feedback about the proposed 18
registration from residents of the mapped area 19
(f) details of any written complaints made to the 20
applicant-- 21
(i) within 1 year before the application is made; and 22
(ii) about the emission of aerosols, fumes, light, noise, 23
odour, particles or smoke from the activity carried 24
out at the premises; 25
(g) details of any action taken by or for the applicant to 26
mitigate the emission of aerosols, fumes, light, noise, 27
odour, particles or smoke from the activity carried out at 28
the premises; 29
(h) a report (the technical report) prepared by an 30
appropriately qualified person and showing the levels of 31
emissions of aerosols, fumes, light, noise, odour, 32
particles or smoke from the carrying out of the activity 33
during normal operating hours for the premises; 34
Page 66
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(i) if the activity is a chapter 4 activity under the 1
Environmental Protection Act--a copy of the 2
registration certificate for carrying out the activity; 3
(j) the fee prescribed under a regulation. 4
`(3) The map mentioned in subsection (2)(a) must include a lot on 5
plan description of the mapped area. 6
`(4) The technical report must include a certification by the person 7
who prepared it as to whether the levels of emissions of 8
aerosols, fumes, light, noise, odour, particles or smoke from 9
the carrying out of the activity are in compliance with the 10
following-- 11
(i) the development approval for the premises; 12
(ii) any code of environmental compliance applying to the 13
activity. 14
`(5) In this section-- 15
appropriately qualified, for the preparation of the technical 16
report, means having the technical expertise, qualifications or 17
experience necessary to prepare the report. 18
`680H Consideration of, and decision on, application 19
`The Minister must consider the application and decide to-- 20
(a) register the premises, with or without conditions; or 21
(b) refuse to register the premises. 22
`680I Criteria for registration 23
`The Minister may decide to register the premises only if 24
satisfied-- 25
(a) the activity carried out at the premises-- 26
(i) is significant to the economy, heritage or 27
infrastructure of the State, a region or the locality 28
in which the mapped area is situated; and 29
Page 67
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(ii) is consistent with the nature of development 1
proposed for the mapped area under the planning 2
scheme, and any regional plan, applying to the 3
mapped area; and 4
(b) the levels of emissions of aerosols, fumes, light, noise, 5
odour, particles or smoke that are shown in the technical 6
report for the application are in compliance with the 7
following-- 8
(i) the development approval for the premises; 9
(ii) any code of environmental compliance applying to 10
the activity; and 11
(c) public consultation about the proposed registration has 12
been undertaken in the mapped area by or for the 13
applicant; and 14
(d) the outcomes of the public consultation show the levels 15
of support for the proposed registration. 16
`Division 2 Renewal of registration 17
`680J Application for renewal 18
`(1) The owner of registered premises may apply for renewal of 19
the registration. 20
`(2) The application must-- 21
(a) be made to the Minister within 1 year before the term of 22
the registration ends; and 23
(b) comply with section 680G(1) to (4) as applied under 24
subsection (3). 25
`(3) For subsection (2)(b)-- 26
(a) section 680G(2)(a) applies as if the reference to `the 27
premises are proposed to be registered' were a reference 28
to `the registration is proposed to be renewed'; and 29
Page 68
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(b) section 680G(2)(e) applies as if the references to 1
`proposed registration' were a reference to `proposed 2
renewal of registration'. 3
`680K Consideration of, and decision on, application 4
`The Minister must consider the application and decide to-- 5
(a) renew the registration, with or without conditions; or 6
(b) refuse to renew the registration. 7
`680L Criteria for renewal of registration 8
`(1) The Minister may decide to renew the registration only if 9
satisfied about the matters mentioned in section 680I. 10
`(2) For considering the matters mentioned in that section-- 11
(a) the reference to `decide to register the premises' is taken 12
to be a reference to `decide to renew registration of the 13
premises'; and 14
(b) the references to `proposed registration' are taken to be 15
references to `proposed renewal of registration'. 16
`680M Registration taken to be in effect while application for 17
renewal is considered 18
`Registration of the premises is taken to continue in effect 19
from the day that it would, apart from this section, have ended 20
until the application is-- 21
(a) decided under section 680K; or 22
(b) withdrawn by the applicant; or 23
(c) taken to have been withdrawn under section 680N(2). 24
Page 69
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`Division 3 Inquiries about applications and 1
notice of decisions 2
`680N Inquiry about application 3
`(1) Before deciding an application under division 1 or 2, the 4
Minister may, by notice given to the applicant, require the 5
applicant to give the Minister within the reasonable period of 6
at least 30 business days stated in the notice further 7
information or a document the Minister reasonably requires to 8
decide the application. 9
`(2) The applicant is taken to have withdrawn the application if, 10
within the stated period, the applicant does not comply with a 11
requirement under subsection (1). 12
`(3) A notice under subsection (1) must be given to the applicant 13
within 30 business days after the Minister receives the 14
application. 15
`680O Notice of decision on application 16
`(1) The Minister must, as soon as practicable after deciding the 17
application, give the applicant notice of the decision. 18
`(2) If the Minister decides to register the premises or renew 19
registration of the premises, the notice must include 20
information identifying the area (the affected area) for which 21
the premises are registered. 22
`(3) If the Minister decides to refuse to register, or renew 23
registration of, the premises, or impose conditions on the 24
registration, the notice must be an information notice. 25
Page 70
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`Division 4 Cancellation, and amendment of 1
conditions, of registration 2
`Subdivision 1 Cancellation 3
`680P Grounds for cancellation 4
`Each of the following is a ground for cancelling the 5
registration of premises-- 6
(a) the levels of emissions of aerosols, fumes, light, noise, 7
odour, particles or smoke at the premises are not in 8
compliance with the following-- 9
(i) the development approval for the premises; 10
(ii) any code of environmental compliance applying to 11
activities carried out at the premises; 12
(b) a condition of the registration is contravened. 13
`680Q Show cause notice 14
`(1) If the Minister believes a ground exists to cancel the 15
registration, the Minister must give the owner of the premises 16
a notice under this section (a show cause notice). 17
`(2) The show cause notice must state the following-- 18
(a) the Minister proposes to cancel the registration; 19
(b) the grounds for the proposed cancellation; 20
(c) an outline of the facts and circumstances forming the 21
basis for the grounds; 22
(d) that the owner may, within a stated period (the show 23
cause period), make written representations to the 24
Minister to show why the registration should not be 25
cancelled. 26
`(3) The show cause period must end at least 20 business days 27
after the owner is given the show cause notice. 28
Page 71
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`680R Representations about show cause notice 1
`(1) The owner may make written representations about the show 2
cause notice to the Minister in the show cause period. 3
`(2) The Minister must consider all representations (the accepted 4
representations) made under subsection (1). 5
`680S Ending show cause notice without further action 6
`If, after considering the accepted representations for the show 7
cause notice, the Minister no longer believes a ground exists 8
to cancel the registration, the Minister must-- 9
(a) take no further action about the show cause notice; and 10
(b) give the owner a notice that no further action is to be 11
taken about it. 12
`680T Cancellation 13
`(1) This section applies if-- 14
(a) there are no accepted representations for the show cause 15
notice; or 16
(b) after considering the accepted representations for the 17
show cause notice, the Minister-- 18
(i) still believes a ground exists to cancel the 19
registration; and 20
(ii) believes cancellation of the registration is 21
warranted. 22
`(2) The Minister may cancel the registration. 23
`(3) If the Minister decides to cancel the registration, the Minister 24
must as soon as practicable give the owner an information 25
notice for the decision. 26
`(4) The decision takes effect on the later of the following days-- 27
(a) the day the information notice is given to the owner; 28
(b) the day stated in the information notice for that purpose. 29
Page 72
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`Subdivision 2 Amending conditions of registration 1
`680U Amendment of conditions 2
`(1) The Minister may amend the conditions of the registration of 3
premises on the Minister's own initiative. 4
`(2) Before making an amendment under subsection (1), the 5
Minister must-- 6
(a) give notice to the owner of the premises-- 7
(i) of the particulars of, and reasons for, the proposed 8
amendment; and 9
(ii) that the owner may make written representations to 10
the Minister about the proposed amendment before 11
a stated day, not later than 14 business days after 12
the notice is given to the owner; and 13
(b) consider all representations made under paragraph 14
(a)(ii) before the stated day. 15
`(3) If the Minister decides not to amend the conditions, the 16
Minister must give the owner notice of the decision. 17
`(4) If the Minister decides to amend the conditions, the Minister 18
must give the owner an information notice for the decision. 19
`(5) A decision to amend the conditions takes effect on the later of 20
the following days-- 21
(a) the day the information notice is given to the owner; 22
(b) the day stated in the information notice for that purpose. 23
`Division 5 Other matters about registration 24
`680V Owner of premises may end registration 25
`(1) The owner of registered premises may, by notice given to the 26
Minister, end the registration. 27
Page 73
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`(2) If the owner of premises acts under subsection (1), the 1
registration of the premises ends on the later of the following 2
days-- 3
(a) the day the Minister receives the notice; 4
(b) the day stated in the notice for that purpose. 5
`680W Term of registration 6
`(1) Registration of premises is, unless sooner cancelled or ended, 7
for a term of 10 years. 8
`(2) The registration starts on-- 9
(a) for an initial registration under division 1--the later of 10
the following days-- 11
(i) the day the owner of the premises is given notice of 12
the Minister's decision under section 680O; 13
(ii) the day stated in the notice for that purpose; or 14
(b) for a renewed registration under division 2--the day 15
immediately after the day the registration would have 16
ended if it had not been renewed. 17
`Part 4 Particular obligations 18
`680X Record of registration of premises in appropriate 19
register 20
`(1) The owner of registered premises must, within 20 business 21
days after the premises are registered, give the registrar notice, 22
in the form approved by the registrar, asking the registrar to 23
keep a record (an affected area notation) that this chapter 24
applies to all lots within the affected area for the premises. 25
Maximum penalty--200 penalty units. 26
Page 74
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`(2) On receiving the notice, the registrar must keep a record so 1
that a search of the appropriate register will show the affected 2
area notation for the lots. 3
`(3) If-- 4
(a) the registration of the premises ends; and 5
(b) the registrar was given a notice under subsection (1); 6
the owner of the premises must give the registrar notice, in the 7
form approved by the registrar, asking the registrar to remove 8
the record of the affected area notation from the register. 9
Maximum penalty--20 penalty units. 10
`(4) As soon as practicable after receiving the notice under 11
subsection (3), the registrar must remove the record of the 12
affected area notation from the register. 13
`(5) Also, the registrar may remove the affected area notation from 14
the register if the registrar is satisfied, on reasonable grounds, 15
the registration of the registered premises has ended. 16
`680Y Public notice of registration, or renewal of 17
registration, of premises 18
`(1) The owner of registered premises must, within 20 business 19
days after the premises are registered, or registration of the 20
premises is renewed, publish notice in compliance with 21
subsection (2) about the registration or renewal in a 22
newspaper circulating generally in the affected area for the 23
premises. 24
Maximum penalty--50 penalty units. 25
`(2) The notice must-- 26
(a) state the name, or a description, of the registered 27
premises; and 28
(b) include a description of the affected area for the 29
premises; and 30
Page 75
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(c) state where a member of the public can obtain the 1
information mentioned in subsection (3) about the 2
registration. 3
`(3) For subsection (2)(c), the information is-- 4
(a) a map showing details of the affected area for the 5
premises; and 6
(b) the conditions, if any, of the registration; and 7
(c) details of the type and levels of emissions of aerosols, 8
fumes, light, noise, odour, particles or smoke from the 9
carrying out of the activity for which the premises are 10
registered. 11
`(4) The owner must, while the premises are registered, keep the 12
information mentioned in subsection (3) reasonably available 13
for inspection, free of charge, by members of the public. 14
Maximum penalty--50 penalty units. 15
`(5) As soon as practicable after complying with subsection (1), 16
the owner of the registered premises must give the Minister 17
notice of the compliance. 18
Maximum penalty--20 penalty units. 19
`680Z Record of relevant development application in 20
appropriate register 21
`(1) The applicant for a relevant development application must, 22
within 20 business days after making the application, give the 23
registrar notice, in the form approved by the registrar, asking 24
the registrar to keep a record (an affected area notation) that 25
this chapter applies to the premises or lot the subject of the 26
application. 27
Maximum penalty--200 penalty units. 28
`(2) On receiving the notice, the registrar must keep a record so 29
that a search of the appropriate register will show the affected 30
area notation for the premises or lot. 31
`(3) If-- 32
Page 76
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(a) the relevant development application is refused, or 1
lapses or is withdrawn before the application is decided; 2
and 3
(b) the applicant has given the registrar a notice under 4
subsection (1); 5
the applicant must give the registrar notice, in the form 6
approved by the registrar, asking the registrar to remove the 7
record of the affected area notation from the register. 8
Maximum penalty--20 penalty units. 9
`(4) As soon as practicable after receiving the notice under 10
subsection (3), the registrar must remove the record of the 11
affected area notation from the register. 12
`(5) Also, the registrar may remove the affected area notation from 13
the register if the registrar is satisfied, on reasonable grounds, 14
the relevant development application has been refused, has 15
lapsed or was withdrawn before it was decided. 16
`680ZA Publication of information on website 17
`(1) The owner of registered premises must, if there is a website 18
for the premises, publish on the website-- 19
(a) a map showing details of the affected area for the 20
premises; and 21
(b) details of the levels of emissions of aerosols, fumes, 22
light, noise, odour, particles or smoke from the carrying 23
out of the activity for which the premises are registered. 24
Maximum penalty--50 penalty units. 25
`(2) A failure to comply with subsection (1) does not affect the 26
operation of section 680E. 27
`(3) In this section-- 28
website, for registered premises, means a website used by the 29
owner of the premises to provide public access to information 30
about the premises, including, for example, information about 31
the activities carried out at the premises. 32
Page 77
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`680ZB Notice to lessee about application of ch 8A 1
`(1) A relevant person for premises in an affected area must, 2
before entering into a letting agreement for the premises with 3
someone else (a lessee), give to the lessee a notice stating-- 4
(a) the premises is in an affected area; and 5
(b) that restrictions under section 680E may apply to the 6
lessee in relation to taking a civil proceeding or a 7
criminal proceeding about the emission of aerosols, 8
fumes, light, noise, odour, particles or smoke from 9
registered premises in the affected area. 10
Maximum penalty--30 penalty units. 11
`(2) In this section-- 12
letting agreement means an agreement under which a person 13
gives someone else a right to occupy premises in exchange for 14
money or other valuable consideration. 15
relevant person, for premises, means the owner of the 16
premises or the owner's agent. 17
`680ZC Additional consequence of failure to give notice 18
asking for affected area notation for Milton rail 19
precinct 20
`(1) This section applies if-- 21
(a) the applicant for a relevant development application for 22
development in the Milton rail precinct enters into a 23
contract with someone else (the buyer) for the buyer to 24
buy the premises or lot the subject of the application, or 25
part of the premises; and 26
(b) at the time of entering into the contract, an affected area 27
notation is not shown on the appropriate register 28
because the applicant has failed to comply with section 29
680Z(1). 30
`(2) The buyer may end the contract at any time before the 31
contract is completed by giving the applicant or applicant's 32
agent a signed, dated notice of ending of the contract. 33
Page 78
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
`(3) The notice must state that the contract is ended under this 1
section. 2
`(4) If the buyer ends the contract, the applicant must, within 14 3
days, refund to the buyer any deposit paid to the seller under 4
the contract. 5
Maximum penalty--200 penalty units. 6
`(5) This section applies despite anything to the contrary in the 7
contract. 8
`(6) In this section-- 9
Milton rail precinct means the area called Milton rail precinct 10
shown on the map-- 11
(a) included as schedule 1 of the repealed Planning (Urban 12
Encroachment--Milton Brewery) Act 2009; and 13
(b) held by the department. 14
Note-- 15
Milton rail precinct is taken to be the affected area for Milton Brewery 16
under chapter 10, part 5, division 2. 17
`680ZD Minister to advise local government about 18
registration 19
`As soon as practicable after premises are registered under this 20
chapter the Minister must give notice of the registration to the 21
local government in whose local government area the affected 22
area for the premises is situated. 23
`680ZE Local government to include registration in planning 24
scheme 25
`(1) If a local government receives a notice under section 680ZD, 26
the local government must note the registration on-- 27
(a) its planning scheme (if any); and 28
Page 79
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 94]
(b) any new planning scheme it makes before the 1
registration ends. 2
`(2) The note is not an amendment of the planning scheme. 3
`Part 5 Register of premises 4
`680ZF Keeping register of registered premises 5
`The chief executive must-- 6
(a) keep a register of all registered premises; and 7
(b) publish the register on the department's website. 8
`680ZG Content of register 9
`The register must contain the following particulars about 10
each registered premises-- 11
(a) the name, or a description, of the premises; 12
(b) details of the activities associated with the premises for 13
which a person can not, under this chapter, take a civil 14
proceeding or a criminal proceeding; 15
(c) a map showing the affected area for the premises; 16
(d) details of any conditions of the registration; 17
(e) the day the registration ends. 18
`680ZH Availability of register 19
`The chief executive must keep the register reasonably 20
available for inspection, free of charge, by local governments 21
and members of the public. 22
Page 80
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 95]
`Part 6 Review of chapter 8A 1
`680ZI Review of ch 8A 2
`(1) The Minister must, within 3 years after the commencement of 3
this chapter, carry out a review of the operation and 4
effectiveness of the chapter. 5
`(2) The Minister must, as soon as practicable after the review is 6
completed, cause a report on the outcome to be laid before the 7
Legislative Assembly.'. 8
Clause 95 Amendment of s 729 (Documents assessment manager 9
must keep available for inspection and 10
purchase--general) 11
(1) Section 729(1)(d) to (j)-- 12
renumber as section 729(1)(g) to (m). 13
(2) Section 729(1)-- 14
insert-- 15
`(d) each decision notice amended under chapter 6, part 8, 16
division 2 or 3; 17
(e) each changed concurrence agency's response given to 18
the assessment manager under chapter 6, part 8, division 19
2; 20
(f) each notice of a change or cancellation of a concurrence 21
agency condition given to the assessment manager 22
under chapter 6, part 8, division 3;'. 23
(3) Section 729(3)-- 24
insert-- 25
`(c) all decision notices amended under chapter 6, part 8, 26
division 2 or 3; and 27
(d) all changed concurrence agency's responses given to the 28
assessment manager under chapter 6, part 8, division 2; 29
and 30
Page 81
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 96]
(e) all notices of a change or cancellation of a concurrence 1
agency condition given to the assessment manager 2
under chapter 6, part 8, division 3.'. 3
(4) Section 729(5), `subsection (1)(i) or (j)'-- 4
omit, insert-- 5
`subsection (1)(l) or (m)'. 6
(5) Section 729(6), `subsection (1)(i)'-- 7
omit, insert-- 8
`subsection (1)(l)'. 9
(6) Section 729(7), definition designated type of copy, paragraph 10
(a), `(h)'-- 11
omit, insert-- 12
`(k)'. 13
Clause 96 Amendment of s 755KA (Distributor-retailer may decide 14
matters about adopted infrastructure charge) 15
(1) Section 755KA(1)-- 16
insert-- 17
`(d) that a charge adopted by the distributor-retailer for 18
particular water services or wastewater services may be 19
increased after the charge is levied and before it is paid 20
to the distributor-retailer.'. 21
(2) Section 755KA(2)-- 22
renumber as section 755KA(4). 23
(3) Section 755KA-- 24
insert-- 25
`(2) A decision of the distributor-retailer under subsection (1)(d) 26
also must provide for how any increase in the charge is 27
worked out. 28
`(3) If the distributor-retailer decides under subsection (1)(d) that a 29
charge may be increased, any increase for the particular water 30
Page 82
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 97]
services or wastewater services must not be more than the 1
lesser of the following amounts-- 2
(a) the amount that is the difference between the amount of 3
the charge levied for the services and the maximum 4
amount the distributor-retailer could have charged for 5
the services at the time the charge is paid; 6
(b) an amount representing the increase in the consumer 7
price index for the period starting on the day the charge 8
is levied and ending on the day the charge is paid.'. 9
(4) Section 755KA(4), as renumbered under this section-- 10
insert-- 11
`consumer price index means the all groups consumer price 12
index for Brisbane published by the Australian Statistician.'. 13
Clause 97 Amendment of s 755KB (Funding trunk 14
infrastructure--levying charge on and from standard 15
charge day) 16
(1) Section 755KB(3) and (8), `648F(1)'-- 17
omit, insert-- 18
`648F(1)(a) to (d)'. 19
(2) Section 755KB-- 20
insert-- 21
`(9) Subsection (10) applies if, under this division, the amount of 22
the charge levied may be increased after it is levied and before 23
it is paid to the distributor-retailer. 24
`(10) For subsections (3) and (8), the adopted infrastructure charges 25
notice or new adopted infrastructure charges notice must state 26
that an additional amount worked out in compliance with 27
section 755KA(3) is payable on the day the charge is paid 28
under this division.'. 29
Page 83
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 98]
Clause 98 Amendment of s 755MA (Agreements about, and 1
alternatives to, paying adopted infrastructure charge) 2
(1) Section 755MA(3)-- 3
omit, insert-- 4
`(2A) If the distributor-retailer has, under section 755KA, decided 5
that the charge may be increased, the agreement must state 6
how the amount of the increase in the charge is payable under 7
the agreement. 8
`(3) For development infrastructure that is land, the 9
distributor-retailer may give the applicant or person who 10
requested compliance assessment a notice, in addition to or 11
instead of the notice given under section 648F, requiring the 12
applicant or person to give the distributor-retailer, in fee 13
simple, part of the land the subject of the development 14
application or request for compliance assessment.'. 15
(2) Section 755MA-- 16
insert-- 17
`(4A) If the distributor-retailer has decided that the charge may 18
increase, a part of the adopted infrastructure charge payable in 19
combination with land may be increased in compliance with 20
section 755KA(3).'. 21
(3) Section 755MA-- 22
insert-- 23
`(7A) If the distributor-retailer has, under section 755KA, decided 24
that the charge may be increased, the agreement must state 25
how the amount of the increase in the charge is payable under 26
the agreement.'. 27
(4) Section 755MA(2A) to (8)-- 28
renumber as section 755MA(3) to (11). 29
(5) Section 755MA(5), as renumbered under this section, 30
`subsection (3)(a)'-- 31
omit, insert-- 32
`subsection (4)'. 33
Page 84
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 99]
(6) Section 755MA(5), as renumbered under this section, 1
`subsection (3)(b)'-- 2
omit, insert-- 3
`subsection (4) and section 648F'. 4
(7) Section 755MA(8), as renumbered under this section, 5
`Subsection (7)'-- 6
omit, insert-- 7
`Subsection (9)'. 8
(8) Section 755MA(11), as renumbered under this section, `or 9
(7)'-- 10
omit, insert-- 11
`or (9)'. 12
Clause 99 Insertion of new s 758A 13
After section 758-- 14
insert-- 15
`758A No requirement to consult for particular decisions 16
under repealed IPA 17
`(1) This section applies to-- 18
(a) a decision of the Minister to give a direction under 19
repealed IPA, section 2.5B.49 or 2.5B.50 or chapter 3, 20
part 6, division 1; and 21
(b) a decision of the Minister, under repealed IPA, chapter 22
3, part 6, division 2 to call in a development application, 23
and any decision of the Minister under repealed IPA 24
made in relation to the called in application. 25
`(2) To remove any doubt, it is declared that the Minister was not, 26
under repealed IPA, required to consult with anyone before 27
making the decision.'. 28
Page 85
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 100]
Clause 100 Amendment of ch 10, hdg (Repeal and transitional 1
provisions) 2
Chapter 10, heading, `and transitional'-- 3
omit, insert-- 4
`, transitional and validation'. 5
Clause 101 Amendment of s 868 (Particular activities not a material 6
change of use) 7
Section 868, from `as part of'-- 8
omit, insert-- 9
`in connection with operating a road tunnel ventilation shaft 10
for the projects known as Clem Jones Tunnel and Airport Link 11
Project described in the Coordinator-General's reports for the 12
EIS, and change reports, for the projects under the State 13
Development and Public Works Organisation Act 1971. 14
Editor's note-- 15
The Clem Jones Tunnel was formerly called the North-South Bypass 16
Tunnel.'. 17
Clause 102 Insertion of new ch 10, pt 5 18
Chapter 10-- 19
insert-- 20
Page 86
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 102]
`Part 5 Validation and transitional 1
provisions for Sustainable 2
Planning and Other Legislation 3
Amendment Act 2011 4
`Division 1 Validation provision 5
`882 Validation provision for applications and development 6
approvals under repealed IPA 7
`(1) Subsection (2) applies to a development application 8
(superseded planning scheme) made under repealed IPA 9
before 30 March 2006 if-- 10
(a) the application-- 11
(i) was made within 2 years after the day the planning 12
scheme, planning scheme policy or amendment of 13
the planning scheme, creating the superseded 14
planning scheme to which the application related 15
took effect; but 16
(ii) was not made within 2 years after the day the 17
planning scheme, planning scheme policy or 18
amendment of the planning scheme was adopted; 19
and 20
(b) a development approval was given under repealed IPA 21
for the application. 22
`(2) The development application (superseded planning scheme) is 23
not invalid merely because it was not made within 2 years 24
after the day the planning scheme, planning scheme policy or 25
amendment of the planning scheme was adopted. 26
`(3) The development approval is not invalid merely because the 27
development application (superseded planning scheme) to 28
which it relates was not made within 2 years after the day the 29
planning scheme, planning scheme policy or amendment of 30
the planning scheme was adopted. 31
Page 87
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 102]
`Division 2 Provisions for chapter 8A 1
`883 Definitions for div 2 2
`In this division-- 3
Milton Brewery means the brewery situated on lot 35 on plan 4
SL805565. 5
Editor's note-- 6
The address for the Milton Brewery is 185 Milton Road, Milton. 7
Milton rail precinct means the area called Milton rail precinct 8
shown on the map-- 9
(a) included as schedule 1 of the repealed Planning (Urban 10
Encroachment--Milton Brewery) Act 2009; and 11
(b) held by the department. 12
`884 Registration of Milton Brewery for ch 8A, pt 3 13
`(1) On the commencement of this division-- 14
(a) Milton Brewery is taken to be premises registered under 15
chapter 8A, part 3; and 16
(b) the Milton rail precinct is taken to be the affected area 17
for Milton Brewery. 18
`(2) The term of the registration is 10 years starting on 27 April 19
2009. 20
`(3) Section 475A does not apply to the registration of Milton 21
Brewery under this section. 22
`885 Restriction on legal proceedings for Milton Brewery 23
`(1) This section applies to a claim under section 680E(1) by an 24
affected person in relation to a relevant act at Milton Brewery. 25
`(2) If the relevant act was, or caused, the emission of light, 26
section 680E(2) applies to the claim only if the emission was 27
Page 88
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 102]
no more than the intensity of light for the relevant act before 1
27 April 2009. 2
`(3) In this section-- 3
affected person see section 680E(6). 4
relevant act see section 680E(1). 5
`886 Non-application of s 680X(1) 6
`Section 680X(1) does not apply to Milton Brewery. 7
`887 Application of s 680Y 8
`Section 680Y applies to Milton Brewery only for a renewal 9
of its registration under chapter 8A, part 3. 10
`888 Notifying prospective buyers 11
`(1) This section applies if-- 12
(a) a relevant development application, as defined under the 13
repealed Planning (Urban Encroachment--Milton 14
Brewery) Act 2009, section 5, was made before 27 April 15
2009; and 16
(b) the application is a current application; and 17
(c) anyone (the seller) offers the premises or lot the subject 18
of the application, or part of the premises, (the property) 19
for sale to someone else (a prospective buyer). 20
`(2) Before the prospective buyer enters into a contract to buy the 21
property, the seller must give the prospective buyer a notice 22
(an affected area notice) of-- 23
(a) the restrictions under section 680E that may apply to the 24
prospective buyer if the prospective buyer buys the 25
property; and 26
Note-- 27
For the restrictions under section 680E in the Milton rail 28
precinct, also see section 885. 29
Page 89
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 102]
(b) the keeping in the appropriate register of a record of the 1
affected area notation for the property. 2
`(3) If-- 3
(a) the seller fails to give the prospective buyer an affected 4
area notice for the property; and 5
(b) the prospective buyer enters into a contract with the 6
seller to buy the property; 7
the failure to notify gives the prospective buyer the right to 8
end the contract. 9
`(4) The prospective buyer may end the contract at any time before 10
the contract is completed by giving the seller or the seller's 11
agent a signed, dated notice of the ending of the contract. 12
`(5) The notice must state the contract is ended under this section. 13
`(6) If the prospective buyer ends the contract, the seller must, 14
within 14 days, refund to the prospective buyer any deposit 15
paid to the seller under the contract. 16
Maximum penalty--200 penalty units. 17
`(7) This section applies despite anything to the contrary in the 18
contract. 19
`(8) To remove any doubt, it is declared that this section applies-- 20
(a) even if the offer for sale is made by someone other than 21
the applicant for the relevant development application; 22
and 23
(b) if the seller is not the applicant--whether or not the 24
seller received an affected area notice for the property; 25
and 26
(c) regardless of the number of times the property has been 27
sold since the making of the development application. 28
`(9) In this section-- 29
current application means a relevant development 30
application, as defined under the repealed Planning (Urban 31
Encroachment--Milton Brewery) Act 2009, section 5, that has 32
Page 90
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 102]
not been refused, or has not lapsed or been withdrawn before 1
the application is decided. 2
`889 Development applications made before 3
commencement 4
`Section 680Z(1) applies to a development application 5
mentioned in section 680D(b) or (c) as if the reference in 6
section 680Z(1) to `20 business days after making the 7
application' were a reference to `20 business days after the 8
commencement of this section'. 9
`Division 3 Other provisions 10
`890 Transitional provision about call in of application 11
`(1) This section applies to a development application called in 12
under chapter 6, part 11, division 2 before the commencement 13
of the section if, under that division, the application has not 14
been finally dealt with before the commencement. 15
`(2) For dealing with the application, chapter 6, part 11, division 2 16
as in force before the commencement continues to apply to 17
the application. 18
`891 Transitional provision for s 648A 19
`For deciding the amount of an adopted infrastructure charge 20
under section 648A, section 648A(2), definition pre-SPRP 21
amount as inserted by the Sustainable Planning and Other 22
Legislation Amendment Act 2011 is taken to have had effect 23
on 6 June 2011. 24
`892 Proceedings for particular appeals under repealed 25
IPA 26
`(1) This section applies to an appeal, under repealed IPA, 27
mentioned in section 819(1). 28
Page 91
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 103]
`(2) If, in a proceeding for the appeal, the court finds a provision 1
of repealed IPA, or another Act in its application to repealed 2
IPA, has not been complied with or has not been fully 3
complied with, the court may deal with the matter in the way 4
the court considers appropriate. 5
`(3) Subsection (2) applies despite section 819(2) and repealed 6
IPA, section 4.1.5A.'. 7
Clause 103 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions local government area, public office 9
and show cause notice-- 10
omit. 11
(2) Schedule 3-- 12
insert-- 13
`accepted representations, for chapter 8A, see section 14
680R(2). 15
affected area see section 680O(2). 16
affected area notation, for chapter 8A, see section 680A. 17
appropriate register, for chapter 8A, see section 680A. 18
City of Brisbane Act means the City of Brisbane Act 2010. 19
code of environmental compliance, for chapter 8A, see 20
section 680A. 21
information notice, for chapter 8A, see section 680A. 22
mapped area, for chapter 8A, see section 680G(2)(a). 23
Milton Brewery, for chapter 10, part 5, division 2, see section 24
883. 25
Milton rail precinct, for chapter 10, part 5, division 2, see 26
section 883. 27
notice, for chapter 8A, see section 680A. 28
proposed call in notice, for chapter 6, part 11, division 2, see 29
section 424A(1). 30
Page 92
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 103]
public office, of a local government, means the premises kept 1
as its public office under-- 2
(a) for a local government other than the Brisbane City 3
Council--the Local Government Act; or 4
(b) for the Brisbane City Council--the City of Brisbane 5
Act. 6
rates means rates within the meaning of-- 7
(a) for a local government other than the Brisbane City 8
Council--the Local Government Act; or 9
(b) for the Brisbane City Council--the City of Brisbane 10
Act. 11
registered premises, for chapter 8A, see section 680A. 12
registrar, for chapter 8A, see section 680A. 13
registration certificate, for chapter 8A, see section 680A. 14
relevant development application, for chapter 8A, see section 15
680B. 16
representation period, for chapter 6, part 11, division 2, see 17
section 423. 18
show cause notice-- 19
(a) generally--see section 588(2); or 20
(b) for chapter 8A--see section 680Q(1). 21
show cause period, for chapter 8A, see section 680Q(2)(d). 22
technical report, for chapter 8A, see section 680G(2)(h).'. 23
(3) Schedule 3, definition assessing authority, paragraph (f)-- 24
omit, insert-- 25
`(f) for an aspect of development to which a State planning 26
regulatory provision applies-- 27
(i) if the provision was jointly made by an eligible 28
Minister and the Minister--the chief executive of 29
the department administered by the Minister with 30
Page 93
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 7 Amendment of Sustainable Planning Act 2009
[s 103]
responsibility for the matter to which the State 1
planning regulatory provision applies; or 2
(ii) otherwise--the chief executive; or'. 3
(4) Schedule 3, definition assessing authority, paragraph (k)-- 4
renumber as paragraph (l). 5
(5) Schedule 3, definition assessing authority-- 6
insert-- 7
`(k) for development in a declared master planned area-- 8
(i) the local government; or 9
(ii) the coordinating agency or a participating agency 10
for the structure plan for the area, each for the 11
matters within their respective jurisdictions; or'. 12
(6) Schedule 3, definition priority infrastructure plan, paragraph 13
(b)-- 14
insert-- 15
`Example of plans for trunk infrastructure for which infrastructure 16
charges will be levied-- 17
plans for trunk infrastructure provided by a distributor-retailer in 18
the area of its participating local government'. 19
(7) Schedule 3, definition SEQ infrastructure charges schedule, 20
`, for chapter 9, part 7A,'-- 21
omit. 22
Page 94
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 104]
Part 8 Amendment of Urban Land 1
Development Authority Act 2
2007 3
Clause 104 Act amended 4
This part amends the Urban Land Development Authority Act 5
2007. 6
Clause 105 Amendment of s 6 (Development and its types) 7
Section 6(1)-- 8
omit, insert-- 9
`(1) Development is any of the following-- 10
(a) carrying out building work; 11
(b) carrying out plumbing or drainage work; 12
(c) carrying out operational work; 13
(d) reconfiguring a lot; 14
(e) making a material change of use of premises.'. 15
Clause 106 Amendment of s 8 (Interim land use plan required) 16
Section 8-- 17
insert-- 18
`(4) To remove any doubt, it is declared that a reference to a land 19
use plan in section 23 or 35 is taken not to include a reference 20
to an interim land use plan that takes effect under subsection 21
(3) as the land use plan.'. 22
Clause 107 Amendment of s 9 (Expiry of interim land use plan) 23
Section 9(2) and (3)-- 24
omit, insert-- 25
Page 95
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 108]
`(2) However, if a caretaker period occurs during the 12-month 1
period, the period is extended by a further period equal to the 2
caretaker period plus 20 business days. 3
`(3) A regulation may make a new land use plan for the urban 4
development area. 5
`(4) Section 8(2) and (3) applies to the new land use plan.'. 6
Clause 108 Amendment of s 22 (Development scheme required) 7
Section 22(2), `and has the force of law'-- 8
omit. 9
Clause 109 Replacement of s 31 (Ministerial power to amend 10
submitted scheme at affected owner's request) 11
Section 31-- 12
omit, insert-- 13
`31 Ministerial power to amend submitted scheme 14
`(1) The Minister may, within 45 business days after the submitted 15
scheme is given to the Minister, amend the submitted scheme 16
in a way the Minister considers appropriate. 17
`(2) Without limiting subsection (1), the Minister may amend the 18
submitted scheme to-- 19
(a) protect an affected owner's interests; or 20
(b) ensure the implementation of the scheme complies with 21
this Act; or 22
(c) make a minor administrative amendment. 23
`(3) Subsection (4) applies if-- 24
(a) an affected owner for the relevant urban development 25
area asks the Minister to amend the submitted scheme to 26
protect the affected owner's interests; and 27
(b) the Minister requires additional time to consider a 28
matter raised by the affected owner. 29
Page 96
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 110]
`(4) The Minister has a further period, of not more than 20 1
business days decided by the Minister, to amend the submitted 2
scheme in a way the Minister considers appropriate to protect 3
the affected owner's interests. 4
`(5) If a caretaker period occurs within 45 business days after the 5
submitted scheme is given to the Minister, the Minister has a 6
further period, equal to the caretaker period plus 20 business 7
days, to amend the submitted scheme in a way the Minister 8
considers appropriate. 9
`(6) Despite subsections (1) to (5), an amendment to protect an 10
affected owner's interests may be made only if the affected 11
owner has, within 20 business days after being given notice of 12
the submitted scheme under section 30, asked the Minister to 13
amend the scheme to protect the owner's interests.'. 14
Clause 110 Amendment of s 35 (Power to amend at authority's 15
request) 16
(1) Section 35(1)(b)(iii)-- 17
omit. 18
(2) Section 35(1)-- 19
insert-- 20
`(c) the amendment is a minor administrative amendment.'. 21
Clause 111 Amendment of s 38 (Division 1 process applies) 22
Section 38(2)-- 23
omit, insert-- 24
`(2) Division 1 applies to the amendment as if-- 25
(a) a reference in the division to making a development 26
scheme were a reference to the making of the 27
amendment; and 28
(b) a reference in the division to a proposed development 29
scheme were a reference to the proposed amendment; 30
and 31
Page 97
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 112]
(c) a reference in section 25(2) to 30 business days were a 1
reference to 15 business days; and 2
(d) a reference in section 30(c) to 20 business days were a 3
reference to 10 business days; and 4
(e) a reference in section 31(2)(a) to 20 business days were 5
a reference to 10 business days; and 6
(f) a reference in section 31(2)(b) to 40 business days were 7
a reference to 20 business days.'. 8
Clause 112 Amendment of s 42 (Carrying out UDA assessable 9
development without UDA development approval) 10
Section 42, `UDA development approval'-- 11
omit, insert-- 12
`UDA development permit'. 13
Clause 113 Amendment of s 51 (How to make application) 14
(1) Section 51(1)(c)-- 15
omit, insert-- 16
`(c) if, under section 51A(1), the application is required to 17
be supported by evidence mentioned in the 18
subsection--contain, or be accompanied by, the 19
evidence; and 20
(d) be accompanied by the application fee decided by the 21
authority. 22
Note-- 23
A single application may be made for both a UDA preliminary approval 24
and a UDA development permit.'. 25
(2) Section 51(2)-- 26
renumber as section 51(3). 27
(3) Section 51-- 28
insert-- 29
Page 98
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 114]
`(2) However, if the owner of the relevant land is the State and 1
section 51A(1) applies to the application, the consent of the 2
owner of the relevant land is not required.'. 3
Clause 114 Insertion of new s 51A 4
Part 4, division 3, subdivision 1-- 5
insert-- 6
`51A Development involving a State resource 7
`(1) To the extent the development to which a UDA development 8
application relates involves a State resource prescribed under 9
the Sustainable Planning Act, section 264(1), the application 10
must be supported by 1 or more of the following as required 11
under that section for the development-- 12
(a) evidence of an allocation of, or an entitlement to, the 13
resource; 14
(b) evidence the chief executive of the department 15
administering the resource is satisfied the development 16
is consistent with an allocation of, or an entitlement to, 17
the resource; 18
(c) evidence the chief executive of the department 19
administering the resource is satisfied the development 20
application may proceed in the absence of an allocation 21
of, or an entitlement to, the resource. 22
`(2) The document containing the evidence may state a day, at 23
least 6 months after the date of the document, after which an 24
application to which the evidence in the document relates may 25
not be made using the evidence.'. 26
Clause 115 Amendment of s 54 (Notice of application) 27
Section 54(1)(a), `or interim land use plan'-- 28
omit. 29
Page 99
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 116]
Clause 116 Amendment of s 55 (Deciding application generally) 1
Section 55-- 2
insert-- 3
`(5) To remove any doubt, it is declared that-- 4
(a) the authority may give a UDA preliminary approval, 5
even though the applicant sought a UDA development 6
permit; and 7
(b) if the authority approves only part of an application, the 8
balance of the application is taken to have been 9
refused.'. 10
Clause 117 Amendment of s 56 (Restrictions on granting approval) 11
(1) Section 56(1)(a) and (b)-- 12
omit, insert-- 13
`(a) an SPA preliminary approval is in force for the relevant 14
land and the relevant development would be consistent 15
with the preliminary approval; or 16
(b) a UDA preliminary approval is in force for the relevant 17
land and the relevant development would be consistent 18
with the preliminary approval; or 19
(c) there is a proposed development scheme for the area and 20
the relevant development would be consistent with the 21
proposed development scheme.'. 22
(2) Section 56(2), `(a) and (b) apply'-- 23
omit, insert-- 24
`(a), (b) or (c) applies'. 25
(3) Section 56-- 26
insert-- 27
`(3) In this section-- 28
proposed development scheme, for the relevant urban 29
development area, means a proposed development scheme, or 30
Page 100
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 118]
a proposed amendment of a development scheme, for the area 1
published under section 25, or section 25 as applied under 2
section 38, that has not taken effect.'. 3
Clause 118 Amendment of s 57 (Matters to be considered in making 4
decision) 5
(1) Section 57(1)(c)(ii), `proposed development scheme;'-- 6
omit, insert-- 7
`interim land use plan for the area and the proposed 8
development scheme;'. 9
(2) Section 57(1)(d)-- 10
omit, insert-- 11
`(d) any UDA preliminary approval in force for the relevant 12
land; and 13
(e) any SPA preliminary approval in force for the relevant 14
land.'. 15
(3) Section 57(2)(a) and (b)-- 16
omit, insert-- 17
`(a) there is-- 18
(i) a development scheme or interim land use plan for 19
the area; and 20
(ii) a proposed development scheme for the area; and 21
(b) the proposed development scheme was prepared after 22
the development scheme or interim land use plan took 23
effect;'. 24
Clause 119 Amendment of s 59 (Decision notice) 25
(1) Section 59(4)-- 26
omit, insert-- 27
`(4) If the decision was to grant a UDA development approval, the 28
authority must, when giving the decision notice to an entity 29
Page 101
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 120]
mentioned in subsection (1), also give the entity a copy of any 1
plans and specifications approved by the authority concerning 2
the approval.'. 3
(2) Section 59(5)-- 4
omit. 5
Clause 120 Amendment of s 67 (Approved material change of use 6
required for particular developments) 7
Section 67(1)(a) and (b), `UDA development approval'-- 8
omit, insert-- 9
`UDA development permit'. 10
Clause 121 Replacement of s 70 (What approval authorises) 11
Section 70-- 12
omit, insert-- 13
`70 Types of UDA development approvals 14
`(1) A UDA preliminary approval is a UDA development 15
approval that-- 16
(a) approves development, but does not authorise UDA 17
assessable development to take place; and 18
(b) approves development-- 19
(i) to the extent stated in the approval; and 20
(ii) subject to the conditions of the approval. 21
`(2) A UDA development permit is a UDA development approval 22
that authorises the carrying out of UDA assessable 23
development-- 24
(a) to the extent provided for under the permit; and 25
(b) subject to-- 26
(i) the conditions of the permit; and 27
Page 102
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 122]
(ii) any UDA preliminary approval relating to the 1
development the permit authorises, including any 2
conditions of the UDA preliminary approval. 3
`(3) There is no requirement to get a UDA preliminary approval 4
for development. 5
Note-- 6
UDA preliminary approvals assist in the staging of approvals.'. 7
Clause 122 Amendment of s 75 (Application to change UDA 8
development approval) 9
Section 75-- 10
insert-- 11
`(6) However, if-- 12
(a) the owner of the relevant land is the State; and 13
(b) section 51A(1) applied to the original UDA 14
development application for the UDA development 15
approval; 16
the amendment application must be accompanied by the 17
written agreement of the chief executive from whom evidence 18
was required to be obtained under that section instead of the 19
consent of the owner of the relevant land.'. 20
Clause 123 Amendment of s 76 (When approval lapses generally) 21
(1) Section 76(3)(a), `authority'-- 22
omit, insert-- 23
`approval'. 24
(2) Section 76-- 25
insert-- 26
`(6) Despite subsections (4) and (5), if there are 1 or more related 27
approvals for a UDA development approval mentioned in 28
subsection (4) or (5), the currency period is taken to have 29
started on the day the latest related approval takes effect. 30
Page 103
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 123]
`(7) The lapsing of a UDA development approval for a material 1
change of use of premises or reconfiguring a lot does not 2
cause an approval mentioned in subsection (3) to lapse. 3
`(8) In this section-- 4
private certifier means a building certifier whose licence 5
under the Building Act has private certification endorsement 6
under that Act. 7
related approval means-- 8
(a) for a UDA development approval for development that 9
is a material change of use of premises (the earlier 10
approval)-- 11
(i) the first UDA development approval for a UDA 12
development application made to the authority, or 13
the first SPA development approval made to a local 14
government or private certifier, within 2 years after 15
the start of the currency period, that is-- 16
(A) to the extent the earlier approval is a UDA 17
preliminary approval--a UDA development 18
permit for the material change of use; or 19
(B) to the extent the earlier approval is a UDA 20
development permit--a UDA development 21
permit for building work or operational 22
work, or a SPA development permit for 23
building work, necessary for the material 24
change of use to take place; or 25
(ii) each further UDA development permit for a UDA 26
development application made to the authority, or 27
the first SPA development permit for a SPA 28
development application made to a local 29
government or private certifier, within 2 years after 30
the day the last related approval takes effect, that is 31
for building work or operational work necessary 32
for the material change of use to take place; or 33
(b) for a UDA development approval for reconfiguring a lot 34
(also the earlier approval)-- 35
Page 104
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 124]
(i) the first UDA development permit for a UDA 1
development application made to the authority, 2
within 2 years after the start of the currency period, 3
that is-- 4
(A) to the extent the earlier approval is a UDA 5
preliminary approval--for the 6
reconfiguration; or 7
(B) to the extent the earlier approval is a UDA 8
development permit for reconfiguring a 9
lot--for operational work related to the 10
reconfiguration; or 11
(ii) each further UDA development permit, for a UDA 12
development application made to the authority 13
within 2 years after the day the last related 14
approval takes effect, that is for operational work 15
related to the reconfiguration.'. 16
Clause 124 Amendment of s 80 (Plans of subdivision) 17
(1) Section 80(3)(c) and (d), `UDA development approval'-- 18
omit, insert-- 19
`UDA development permit'. 20
(2) Section 80(3)(e) and (f)-- 21
renumber as section 80(3)(g) and (h). 22
(3) Section 80(3)-- 23
insert-- 24
`(e) as if a reference in the provisions to a preliminary 25
approval were a reference to a UDA preliminary 26
approval; and 27
(f) as if a reference in the provisions to a condition of a 28
preliminary approval were a reference to a UDA 29
development condition of the UDA preliminary 30
approval; and'. 31
Page 105
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 125]
Clause 125 Amendment of s 97 (General powers) 1
Section 97(2)(a), `under the Sustainable Planning Act,'-- 2
omit. 3
Clause 126 Amendment of s 104 (By-laws) 4
(1) Section 104(4) and (5)-- 5
renumber as section 104(5) and (6). 6
(2) Section 104(2) and (3)-- 7
omit, insert-- 8
`(2) However, a by-law can not fix a penalty of more than-- 9
(a) if the by-law replaces a local law--the maximum 10
penalty units applying to a contravention of the local 11
law it replaces; or 12
(b) otherwise--20 penalty units for an offence against the 13
by-law. 14
`(3) A by-law replaces a local law if-- 15
(a) the local law no longer applies to a matter within an 16
urban development area because a by-law provides that 17
the local law does not apply, or applies with stated 18
changes, within the urban development area; and 19
(b) the by-law applies to the matter within the urban 20
development area. 21
`(4) A by-law may provide that all or part of a stated local law 22
does not apply, or applies with stated changes, within an urban 23
development area.'. 24
Clause 127 Insertion of new s 105A 25
After section 105-- 26
insert-- 27
Page 106
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 128]
`105A Chairperson and deputy chairperson 1
`(1) An appointed member is to be appointed the chairperson by 2
the Governor in Council. 3
`(2) A person may be appointed as the chairperson at the same 4
time the person is appointed as an appointed member. 5
`(3) An appointed member, other than the chairperson, is to be 6
appointed the deputy chairperson by the Minister. 7
`(4) The deputy chairperson holds that office for the term (not 8
longer than the term stated in the person's instrument of 9
appointment as an appointed member) decided by the 10
Minister. 11
`(5) A vacancy occurs in the office of chairperson or deputy 12
chairperson if the person holding the office stops being an 13
appointed member or resigns the office. 14
`(6) A person holding office as chairperson or deputy chairperson 15
resigns the office by signed notice of resignation given to the 16
Minister. 17
`(7) A person resigning the office of chairperson also stops being 18
an appointed member but a person resigning the office of 19
deputy chairperson may continue to be a member. 20
`(8) The deputy chairperson is to act as chairperson-- 21
(a) during a vacancy in the office of chairperson; or 22
(b) during a period when the chairperson is absent from 23
duty or, for another reason, can not perform the 24
functions of the office.'. 25
Clause 128 Amendment of s 136 (Delegations) 26
(1) Section 136(5)-- 27
renumber as section 136(9). 28
(2) Section 136-- 29
insert-- 30
Page 107
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 129]
`(5) If the authority delegates a function to the chief executive 1
officer under subsection (1)(b), the chief executive officer 2
may subdelegate the function to an appropriately qualified 3
employee of the authority or government entity. 4
`(6) If the authority delegates a function to the chief executive 5
officer of a local government under subsection (1)(c), the 6
chief executive officer may subdelegate the function to an 7
appropriately qualified employee of the local government. 8
`(7) Despite subsections (5) and (6), a function delegated by the 9
authority under subsection (1)(b) or (c) can not be 10
subdelegated if the authority has, when delegating the 11
function, directed that the function can not be subdelegated. 12
`(8) A subdelegation under subsection (6) ends if-- 13
(a) the authority gives the chief executive officer of the 14
local government written direction to end the 15
subdelegation; or 16
(b) the authority ends the delegation of the function to the 17
chief executive officer of the local government.'. 18
Clause 129 Insertion of new pt 6A 19
After section 136-- 20
insert-- 21
`Part 6A Infrastructure agreements 22
`136A Application of pt 6A 23
`This part applies to an infrastructure agreement to which the 24
authority is a party. 25
`136B Exercise of discretion unaffected by infrastructure 26
agreements 27
`The infrastructure agreement is not invalid merely because its 28
fulfilment depends on the exercise of a discretion by the 29
authority about-- 30
Page 108
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 129]
(a) an interim land use plan; or 1
(b) a development scheme; or 2
(c) an existing or future UDA development application. 3
`136C Infrastructure agreements prevail if inconsistent with 4
UDA development approval 5
`To the extent the infrastructure agreement is inconsistent with 6
a UDA development approval the agreement prevails. 7
`136D Infrastructure agreement continues beyond 8
cessation of urban development area 9
`(1) This section applies if-- 10
(a) land ceases to be in an urban development area; and 11
(b) an infrastructure agreement that applied to the land was 12
in force immediately before the land ceased to be in the 13
urban development area. 14
`(2) To the extent the infrastructure agreement applies to the 15
land-- 16
(a) the superseding public sector entity for the land is taken 17
to be a party to the agreement in place of the authority; 18
and 19
(b) the rights and responsibilities of the authority under the 20
agreement become the rights and responsibilities of the 21
superseding public sector entity. 22
`(3) To remove any doubt, it is declared that sections 136B and 23
136C continue to apply to the infrastructure agreement. 24
`(4) In this section-- 25
public sector entity means a public sector entity under the 26
Sustainable Planning Act, schedule 3. 27
superseding public sector entity, for land, means the public 28
sector entity that will have responsibility for the infrastructure 29
Page 109
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 130]
on the land after the land ceases to be in an urban 1
development area.'. 2
Clause 130 Amendment of schedule (Dictionary) 3
(1) Schedule, definitions affected owner, building work, land use 4
plan, material change of use and UDA development 5
approval-- 6
omit. 7
(2) Schedule-- 8
insert-- 9
`affected owner, for an urban development area, means a 10
person who owns land that-- 11
(a) is in the area; or 12
(b) shares a common boundary with the area; or 13
(c) is benefited by an easement, registered under the Land 14
Title Act 1994, over the area or part of the area; or 15
(d) has a boundary, along a road, that is directly opposite a 16
boundary of the area, along the same road; or 17
(e) the Minister considers may be negatively affected by 18
development in the area having regard to-- 19
(i) the proximity of the land to the area; and 20
(ii) the impact the development, including any 21
proposed development, may have on the character 22
and amenity of the land. 23
building work means building work under the Sustainable 24
Planning Act, other than that a reference to administering 25
IDAS is taken to be a reference to administering this Act. 26
caretaker period means the election period for a general 27
election under the Electoral Act 1992. 28
deputy chairperson means the deputy chairperson of the 29
authority. 30
Page 110
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 8 Amendment of Urban Land Development Authority Act 2007
[s 130]
drainage work see the Plumbing and Drainage Act 2002, 1
schedule. 2
infrastructure agreement means an infrastructure agreement 3
under the Sustainable Planning Act, schedule 3. 4
land use plan, for an urban development area, means the land 5
use plan included in the development scheme for the area. 6
material change of use means material change of use under 7
the Sustainable Planning Act, other than that-- 8
(a) a reference to IDAS is taken to be a reference to this 9
Act; and 10
(b) a reference to development approval is taken to include 11
a reference to UDA development approval. 12
minor administrative amendment, of a development scheme, 13
means-- 14
(a) an amendment of the scheme if the Minister is 15
satisfied-- 16
(i) the amendment is made merely to reflect a part of a 17
planning instrument; and 18
(ii) adequate public consultation was carried out in 19
relation to the making of the part; or 20
(b) another amendment of a minor nature prescribed under 21
a regulation; or 22
(c) an amendment correcting or changing-- 23
(i) an explanatory matter about the scheme; or 24
(ii) the format or presentation of the scheme; or 25
(iii) a spelling, grammatical or mapping error in the 26
scheme; or 27
(iv) a factual matter incorrectly stated in the scheme; or 28
(v) a redundant or outdated term in the scheme; or 29
(vi) inconsistent numbering of provisions in the 30
scheme; or 31
Page 111
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 9 Repeal of Act
[s 131]
(vii) a cross-reference in the scheme. 1
plumbing work see the Plumbing and Drainage Act 2002, 2
schedule. 3
SPA development permit means a development permit under 4
the Sustainable Planning Act. 5
SPA preliminary approval means a preliminary approval 6
under the Sustainable Planning Act. 7
UDA development approval means a decision notice that-- 8
(a) approves, wholly or partly, development applied for in a 9
UDA development application (whether or not the 10
approval has conditions attached to it); and 11
(b) is in the form of a UDA preliminary approval, a UDA 12
development permit or a combination of both a UDA 13
preliminary approval and a UDA development permit. 14
UDA development permit see section 70(2). 15
UDA preliminary approval see section 70(1).'. 16
Part 9 Repeal of Act 17
Clause 131 Repeal 18
The Planning (Urban Encroachment--Milton Brewery) Act 19
2009, No. 1 is repealed. 20
Page 112
Sustainable Planning and Other Legislation Amendment Bill 2011
Part 10 Minor and consequential amendments
[s 132]
Part 10 Minor and consequential 1
amendments 2
Clause 132 Acts amended 3
The schedule amends the Acts it mentions. 4
Page 113
Sustainable Planning and Other Legislation Amendment Bill 2011
Schedule
Schedule Acts amended 1
section 132 2
Building Act 1975 3
1 Section 25(2)(a)(iii)-- 4
renumber as section 25(2)(a)(ii). 5
2 Section 51(5), `section 260(2),'-- 6
omit, insert-- 7
`section 260(2)'. 8
3 Section 67(2)(b), `structure,'-- 9
omit, insert-- 10
`structure'. 11
4 Section 68(2)(a), `building,'-- 12
omit, insert-- 13
`building'. 14
5 Section 68(2)(a), `part 3,'-- 15
omit, insert-- 16
`part 3'. 17
6 Section 98(a), after `building;'-- 18
insert-- 19
`or'. 20
Page 114
Sustainable Planning and Other Legislation Amendment Bill 2011
Schedule
7 Section 100(a), after `building;'-- 1
insert-- 2
`or'. 3
8 Section 127(2), `certifier--'-- 4
omit, insert-- 5
`certifier does any of the following--'. 6
9 Section 136(2), `certifier--'-- 7
omit, insert-- 8
`certifier does any of the following--'. 9
10 Section 147(3), definition relevant day, paragraph (a), 10
`latest'-- 11
omit, insert-- 12
`later'. 13
11 Section 147(3), definition relevant day, paragraph (a)(iii)-- 14
renumber as paragraph (a)(ii). 15
12 Section 231A, definition accommodation agreement, 16
paragraph 1(d) and example, `paragraph'-- 17
omit, insert-- 18
`subparagraph'. 19
13 Section 245H(6), definition health professional, after 20
`means'-- 21
insert-- 22
`any of the following'. 23
Page 115
Sustainable Planning and Other Legislation Amendment Bill 2011
Schedule
14 Section 246AI, example, second dot point, before 1
`inspection'-- 2
insert-- 3
`approved'. 4
15 Section 246AR(5), definition existing regulated pool, after 5
`commencement'-- 6
insert-- 7
`of this section'. 8
16 Section 246AX(2), `inspector--'-- 9
omit, insert-- 10
`inspector does any of the following--'. 11
17 Section 246DC(2)(e), after `pool;'-- 12
insert-- 13
`or'. 14
18 Section 246EP(1), `246EO(2)(b)'-- 15
omit, insert-- 16
`246EO(2)'. 17
19 Schedule 2, definition convicted, paragraph 2(b)(i), 18
second mention-- 19
renumber as paragraph 2(b)(ii). 20
Page 116
Sustainable Planning and Other Legislation Amendment Bill 2011
Schedule
Plumbing and Drainage Act 2002 1
1 Section 66(2), `65(2)'-- 2
omit, insert-- 3
`65(1)'. 4
2 Section 143(2)(a), `resolution'-- 5
omit, insert-- 6
`document'. 7
© State of Queensland 2011
Page 117
[Index] [Search] [Download] [Related Items] [Help]