Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Queen's Wharf Brisbane Bill 2015
Queen's Wharf Brisbane Bill 2015
Explanatory Notes
Short title
The short title of the Bill is the Queen's Wharf Brisbane Bill 2015.
Policy objectives and the reasons for them
The objectives of the Bill are to:
facilitate the redevelopment of the Queen's Wharf Brisbane (QWB) precinct by excluding
the application of certain property and planning legislative provisions which are not
intended to apply to large scale developments;
provide a process for the ratification of a proposed QWB Casino Agreement;
maintain the integrity of casino operations and those involved or associated with the
conduct of casino operations; and
give effect to a range of casino regulatory matters.
On 20 July 2015, the Destination Brisbane Consortium (DBC) (consisting of Echo
Entertainment Group Limited (now The Star Entertainment Group Limited), Far East
Consortium (Australia) Pty Limited and Chow Tai Fook Enterprises Limited) was announced
as the Queensland Government's preferred proponent to revitalise an under-utilised area of
state-owned land in the heart of the Brisbane Central Business District (CBD) between George
Street and the Brisbane River, and Alice Street and Queen Street known as the QWB precinct.
The area, which consists of a number of heritage places, local roads, riverfront lands and a
portion of the Riverside Expressway, has been declared a priority development area (PDA) by
Economic Development Queensland (EDQ) to facilitate the planning and delivery of the
redevelopment.
The revitalisation project will deliver, among other things, five new premium hotels; 50 new
bars and restaurants; a moonlight cinema; and 12 football fields of public space. With a multi-
billion dollar capital cost, the project is anticipated to yield significant tourism and economic
benefits for Queensland including the creation of several thousand jobs for the construction
phase and ongoing employment.
In recognition of the financial commitment required to deliver a world class tourism, leisure
and entertainment precinct, a casino licence will be offered for a proposed casino within an
integrated resort in the precinct pursuant to a QWB Casino Agreement between the State and
Destination Brisbane Consortium Integrated Resort Operations Pty Ltd as trustee for the
Destination Brisbane Consortium Integrated Resort Operating Trust (the proposed casino
licensee), Destination Brisbane Consortium Integrated Resort Holdings Pty Ltd as trustee for
the Destination Brisbane Consortium Integrated Resort Holding Trust (IR HoldCo), The Star
Entertainment Group Limited, Chow Tai Fook Capital Limited, and Far East Consortium
Page 1
Queen's Wharf Brisbane Bill 2015
International Limited. The casino licence will be subject to an initial geographical exclusivity
for 25 years and run for 99 years after commencement of casino operations. Section 19(2) of
the Casino Control Act 1982 requires casino agreements to be ratified by Parliament in order
to have any force or effect.
To facilitate the delivery of the QWB project, the consortium parties have entered into a suite
of other agreements with the State which outline each party's obligations in respect of the
development and long term occupation of state-owned land. In addition to these commercial
agreements however, it will be necessary to establish a policy and legislative environment to
support the achievement of the intended objectives of the QWB project which are to:
stimulate broad investment and economic development in the long term future of Brisbane
as a new world city, focusing on tourism and construction;
redefine public access and transport connections into, through and around the Brisbane
city centre;
deliver an internationally recognised precinct with world-class sustainable urban design
and architecture that establishes a clear identity that is uniquely 'Brisbane' and
'Queensland';
promote social interaction and a broad range of urban activities from the city centre down
to the river's edge; and
transform and activate places and spaces that draw people to Brisbane.
To this end, the Bill provides exemptions to various provisions in the Property Law Act 1974,
Land Act 1994, Land Title Act 1994, Transport Infrastructure Act 1994, Residential Tenancies
and Rooming Accommodation Act 2008 and the Retail Shop Leases Act 1994 so that, among
other things, the commercial outcomes negotiated by the State can be achieved. For example,
the State will require the establishment of public thoroughfares through the precinct to enhance
public accessibility. Other amendments will streamline the leasing of Land Act land to the
State and DBC to promote the activation of the precinct around the water's edge.
The Bill also amends the Economic Development Act 2012 to provide a process for certain
development proposed to be located outside a PDA, for example, infrastructure, to be
identified as being associated with the PDA (PDA-associated development); and for the
Minister for Economic Development Queensland (MEDQ) to assess and decide applications
for PDA-associated development. On occasions, certain development proposed outside a
PDA is required for the PDA. Currently, MEDQ has the authority to require infrastructure
outside a PDA as a condition of approval for development proposed within a PDA, but does
not have a clear power to assess and decide development proposed outside a PDA. There is
also no clear process to identify development that is for a PDA. The Bill amends the South
Bank Corporation Act 1989 and the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009 to ensure the Economic Development Act can be applied to those
areas to which they are applicable particularly to enable MEDQ to act as development
assessment manager for the development of a pedestrian bridge to South Bank.
Page 2
Queen's Wharf Brisbane Bill 2015
In order to give effect to a range of negotiated matters between the State and DBC, the Bill
amends the Casino Control Act including to allow for a casino licence to be issued on
conditions and for a contravention of a condition to be a ground for cancellation or suspension
of the casino licence. The Bill also amends the Casino Control Act to allow a casino licence
to be granted to a person who may not yet have been granted a lease from the State of the land
to be used for the proposed hotel-casino complex but who has nevertheless, entered into an
agreement to lease from the State the land to be used for the proposed hotel-casino complex.
The Bill additionally amends the Casino Control Act to enable the Queen's Wharf casino
operator (and all other Queensland casino operators) to extend credit to non-Queensland
resident junket participants for gaming and allow such participants to make deposits into their
player accounts by credit card.
Lastly, the Bill makes a number of clarifying amendments to the Casino Control Act, Brisbane
Casino Agreement Act 1992, and Liquor Act 1992 to clarify that:
a casino operator may allow a person to use a debit card to deposit an amount into the
person's player account;
the definition of 'Brisbane Casino' in the Brisbane Casino Agreement Act refers to
Treasury casino and not the proposed Queen's Wharf casino;
the ordinary trading hours of 10am to 12 midnight do not apply to premises to which a
commercial special facility licence for a casino relates; and
the lockout provisions under the Liquor Act do not apply to licensed premises to which a
commercial special facility licence for a casino relates.
Achievement of policy objectives
Objective: To facilitate the redevelopment of the QWB precinct by excluding the
application of certain property and planning legislative provisions that are not intended
to apply to large scale developments
A PDA was declared for the QWB precinct on 28 November 2014, under the Economic
Development Act. The PDA was declared to establish the necessary policy environment to
support the intended development outcome for the site and facilitate the planning and delivery
of the QWB project. The boundary of the PDA covers the bid area - with the exception of the
South Bank landing of the bridge - and extends to the mid-point of the Brisbane River and also
includes 41 and 63 George Street and 1 William Street.
DBC's proposal includes a bridge over the Brisbane River from the proposed development to
South Bank Parklands. The proposed bridge is only partially in the PDA. As a result, the
development application process for the bridge would be uncoordinated and require approval
from both MEDQ for the portion within the PDA, and the Brisbane City Council (BCC),
exercising its assessment powers under the South Bank Corporation Act for the assessment of
a portion over the river and the land in the South Bank Corporation Area.
In order to simplify the complexity of progressing development applications across multiple
planning jurisdictions, the Department of State Development (DSD) and Economic
Development Queensland (EDQ) considered a range of options to allow for a coordinated and
streamlined assessment for the bridge with a strong preference for a single assessment
authority. DSD and EDQ's preferred approach is a legislative amendment to allow MEDQ to
Page 3
Queen's Wharf Brisbane Bill 2015
approve and condition the portion of the bridge outside the PDA. This requires an amendment
to the Economic Development Act, South Bank Corporation Act and the South-East
Queensland Water (Distribution and Retail Restructuring) Act as well as consequential
amendments to the Economic Development Regulation 2013 and Sustainable Planning
Regulation 2009.
To achieve its objectives, the amendments to the Economic Development Act will establish a
process for MEDQ to determine that certain development proposed to be located outside a PDA
is 'PDA-associated development'. This process will require MEDQ to consider certain matters
before declaring PDA-associated development and to describe the development in a notice of
declaration. A complementary mechanism for identifying PDA-associated development will
be through the relevant development instrument.
Rather than a project-specific provision for QWB, the preferred approach is for a broader
amendment to the Economic Development Act to separately define development carried out
for a PDA located outside the PDA as 'PDA-associated development' and then allow MEDQ
to declare what is PDA-associated development. MEDQ would also determine the level of
assessment and assess and decide a development application. This would include the ability to
exercise enforcement and compliance powers MEDQ has under the Economic Development
Act in respect of development, including infrastructure. The declaration of the PDA-associated
development will be made only in accordance with stated criteria and the information required
to identify the development will also be stated in the Act. This approach will manage the QWB
bridge scenario and similar situations where proposed infrastructure or land uses traverse the
boundaries of a PDA and have complications around approval and conditioning powers.
Further, to facilitate and streamline the approvals process for the QWB bridge, an amendment
is also required to the South Bank Corporation Act. Due to an unintended interaction between
the South Bank Corporation Act and the Sustainable Planning Regulation, PDA-related
development in the South Bank Corporation Area is assessable development under the South
Bank Corporation Act. This is inconsistent with the intent of the South Bank Corporation Act
which makes development that is assessable under the Sustainable Planning Regulation exempt
from assessment in the South Bank Corporation Area and also the way PDA-related
development is treated in other jurisdictions. A minor amendment to the South Bank
Corporation Act will rectify this situation. As is it considered there is no other PDA-related
development in the remainder of the South Bank Corporation Area, the proposed amendment
is unlikely to impact other areas of South Bank.
The Bill includes a number of provisions which exempt the QWB precinct from requirements
under other property and land legislation including the Property Law Act, Land Act, Land Title
Act, Transport Infrastructure Act, Residential Tenancies and Rooming Accommodation Act
and the Retail Shop Leases Act. These amendments are detailed in the notes on provisions.
Objective: To provide a process for the ratification of a proposed QWB Casino
Agreement
Schedule 1 of the Bill attaches a QWB Casino Agreement proposed to be entered into by the
Minister on behalf of the State. The QWB Casino Agreement identifies the area within the
PDA within which the casino will be located and outlines a number of matters relating to the
grant of a casino licence including the terms on which it will be granted, the calculation of
casino tax, the reporting and other obligations of or in relation to relevant entities,
Page 4
Queen's Wharf Brisbane Bill 2015
confidentiality requirements and the grant of an associated liquor commercial special facility
licence. Clause 10 of the Bill provides that the QWB Casino Agreement is required to be
approved by regulation. Once approved, it is taken to be ratified by the Legislative Assembly
for the purposes of section 19 of the Casino Control Act and takes effect as if it were a law and
prevails over other Acts to the extent of any inconsistencies.
Objective: To maintain the integrity of casino operations and those involved or associated
with the conduct of casino operations
To ensure that the management and operation of the Queen's Wharf casino remains free from
criminal influence and to maintain the good reputation of casino gaming in Queensland, the
Bill contains provisions which aim to make sure the casino licensee and IR HoldCo and persons
associated with the casino licensee and IR HoldCo are suitable to be associated or connected
with the ownership, management or operations of a hotel-casino complex. Specifically, these
provisions identify various 'relevant entities' which are associated with the ownership of the
casino licensee and:
require any person wishing to acquire voting power, or relevant interests in interests or
convertible securities in the casino licensee, IR HoldCo, Destination Brisbane Consortium
Integrated Resort Holding Trust (IR Holding Trust), Destination Brisbane Consortium
Integrated Resort Operating Trust (IR Operating Trust), or any other relevant entity that is
a trustee of the IR Holding Trust or IR Operating Trust to seek the prior approval of the
Minister or Governor in Council as the case may be if their voting power or relevant
interests will exceed the prescribed holding thresholds;
require any person wishing to acquire voting power in any other relevant entities to seek
the prior approval of the Governor in Council if their voting power will exceed more than
20 percent;
enable a regulation to be made which requires a person to give the Minister or a specified
relevant entity (ie. the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust,
or any other relevant entity that is a trustee of the IR Holding Trust or IR Operating Trust)
information known to the person about any matter related to interests or convertible
securities in the specified relevant entity;
impose a requirement on a person to notify any other relevant entity (other than the casino
licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity
that is a trustee of the IR Holding Trust or IR Operating Trust) when the person's voting
power first exceeds the prescribed threshold;
allow the Governor in Council to, on the recommendation of the Minister, issue a person
with a notice to take particular action where there has been a non-compliance of the
holding restrictions;
allow the Governor in Council to, on the recommendation of the Minister, issue a person
with a notice to dispose of all the person's interests and convertible securities in each
relevant entity if the person is found to be unsuitable to be associated or connected with
the ownership, management or operations of the Queen's Wharf casino or complex, has
failed to sign a deed of accession to the QWB Casino Agreement when required under the
Bill, or has not complied with a provision of the QWB Casino Agreement in relation to or
in any way connected with interests or convertible securities in a relevant entity held by a
person;
Page 5
Queen's Wharf Brisbane Bill 2015
establish a beneficial ownership tracing regime which will apply to any relevant entity
which does not fall currently under the scope of the Corporations Act 2001 (Cth) beneficial
ownership tracing provisions; and
require new holding entities of a relevant entity, new trustees of relevant entity trusts of
which a consortium party is a trustee, and certain other persons to accede to the QWB
Casino Agreement.
Additionally, the Bill amends the Casino Control Act to enable the Minister to undertake
probity investigations into the casino licensee and all other persons connected with the
ownership, management or operations of the casino licensee at any time after the QWB Casino
Agreement is entered into.
Objective: To give effect to a range of casino regulatory matters
The Bill amends the Casino Control Act to provide that the Governor in Council may grant a
casino licence on conditions. A contravention of a condition of the licence is a ground for
cancelling or suspending the licence.
As part of the QWB negotiations, the State agreed to make policy changes including to allow
the Queen's Wharf casino operator (as well as other Queensland casino operators) to extend
credit to non-Queensland resident junket participants for gaming and allow such participants
to make deposits into their player accounts by credit card; and to enable a casino licence to be
issued to a person who may not yet have been granted a lease from the State of the land to be
used for the proposed hotel-casino complex but who has nevertheless, entered into an
agreement to lease from the State the land to be used for the proposed hotel-casino complex.
The Bill gives effect to these policy changes.
Alternative ways of achieving policy objectives
Due to their nature, the policy objectives underpinning the Bill can only be achieved by
legislative amendment.
The amendments in relation to the Economic Development Act are necessary to achieve the
policy objectives. The amendments establish a simple and clear process for MEDQ to identify
PDA-associated development, and use the existing development assessment framework to
manage applications for PDA-associated development.
Estimated cost for government implementation
The Bill imposes a requirement on the Office of Liquor and Gaming Regulation (OLGR) within
the Department of Justice and Attorney-General to assess the continued suitability of persons
associated with the ownership, management or operations of the Queen's Wharf casino and
complex by undertaking an investigation under the relevant provisions of the Casino Control
Act. All reasonable costs associated with any investigation undertaken may be recouped from
the person who is the subject of the investigation pursuant to section 46A of the Casino Control
Regulation 1999.
As is the case with existing casino operators in relation to the four casinos in Queensland,
OGLR will also have an ongoing responsibility to ensure the Queen's Wharf casino operator
Page 6
Queen's Wharf Brisbane Bill 2015
is compliant with its legislative obligations under the Casino Control Act. This will be
achieved, in part, through the oversight of government inspectors and police representatives
housed within the Queen's Wharf casino, and an offsite team of systems and compliance
auditors. As the Treasury casino will cease trade approximately two months after the Queen's
Wharf casino begins operation, the overwhelming majority of the regulatory effort required to
oversee the operation of the Treasury casino will be re-directed to the Queen's Wharf casino.
Being a larger casino however, the amount of regulatory resources required for the Queen's
Wharf casino will likely be greater than that for the Treasury casino.
Prior to the public opening of the Queen's Wharf casino, it is likely the casino operator will
submit a range of gaming equipment for approval under the Casino Control Act. The chief
executive may charge a fee for evaluating gaming equipment under the Act. Alternatively, the
chief executive may direct the casino operator to engage an accredited third party evaluator to
undertake the evaluation.
There are no significant implementation costs for Government associated with the Economic
Development Act amendments. Where costs do arise, they will be met from within existing
budget allocations.
Consistency with fundamental legislative principles
The Bill has been drafted with regard to the fundamental legislative principles (FLPs) as
defined in section 4 of the Legislative Standards Act 1992. Particular clauses in the Bill which
raise concerns in relation to FLPs are discussed below.
Legislation should make rights and liberties or obligations dependent on administrative
power only if the power is sufficiently defined and subject to appropriate review (section
4(3)(a) of the Legislative Standards Act)
Clause 20 - Voting power
Clause 21 - Non-voting interests
Clause 22 - Convertible securities
Clause 23 - Voting power
A person's voting power or relevant interest in non-voting interests and convertible securities
in the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant
entity that is a trustee of the IR Holding Trust or IR Operating Trust must not exceed the limits
prescribed in clauses 20, 21 and 22 of the Bill respectively without the prior approval of either
the Governor in Council or Minister as the case may be. A person's voting power in any other
relevant entity must not exceed the limit specified in clause 23 without the prior approval of
the Governor in Council. The clauses may be considered to breach section 4(3)(a) of the
Legislative Standards Act because they make rights dependent on administrative power without
any apparent criteria or review.
Any breach of FLPs is minimised by clause 24 of the Bill which states that the Governor in
Council and Minister may only grant approval for a person to hold a particular level of voting
power, or relevant interests in non-voting interests or convertible securities under clauses 20 to
23 if they are satisfied, following an investigation of the person under either section 20 or 30
of the Casino Control Act, that the person is a suitable person to be associated or connected
Page 7
Queen's Wharf Brisbane Bill 2015
with the ownership, management or operations of the Queen's Wharf casino or complex. This
prerequisite is therefore, the criteria by which a person may obtain approval. Section 20 and
30 of the Casino Control Act further define the factors which contribute to the determination
of a person's suitability. It includes, among other things, that the person has a sound financial
background; is of good repute in terms of their character, honesty and integrity; and does not
have any business association with anyone who is not of good repute.
The provisions may also be considered to breach FLPs as there will be no right of appeal or
review in relation to an adverse determination by the Governor in Council of a person's
suitability in order to ensure that the ownership, management or operations of the Queen's
Wharf casino and complex remains free from criminal influence. However, a determination on
a person's suitability may still be subject to judicial review.
Clause 34 - Direction to take action to remedy noncompliance
Clause 37 - Direction to dispose of interests and convertible securities
Clause 34 of the Bill provides that the Governor in Council may, on the recommendation of
the Minister, direct a person to take certain action to remedy the person's non-compliance with
a requirement to obtain the Governor in Council or Minister's approval under chapter 4, part
2, division 1 of the Bill or a condition of an approval granted by the Governor in Council or
Minister under chapter 4, part 2, division 1. The person to whom the direction is issued must
comply with the direction.
Clause 37 of the Bill provides that the Governor in Council may, on the recommendation of
the Minister, direct a person to dispose all of the person's interests and convertible securities
in each relevant entity within a specified time if the person is found to be unsuitable to be
associated or connected with the ownership, management or operations of the Queen's Wharf
casino or complex, or has not complied with a requirement to sign an accession deed under
clause 14(3). A direction notice may also be issued to a person if clause 5.2(a) or 5.2(b)(ii)(D)
of the QWB Casino Management Agreement has not been compiled with in relation to, or in
any way connected with, interests or convertible securities in a relevant entity held by the
person. The person to whom the direction is issued must comply with the direction.
Clauses 34 and 37 do not provide a right of appeal or review of the Governor in Council's
decision to issue a direction, in contravention of section 4(3)(a) of the Legislative Standards
Act. The lack of appeal rights is considered justifiable on the basis that there is a need to
maintain high standards of suitability in relation to those associated with the ownership,
management or operations of the Queen's Wharf casino and complex. The Governor in
Council's power to issue a direction to a person to take a particular action is therefore, needed
to ensure that the integrity and good reputation of casinos in Queensland remains unaffected.
Clause 73 - Amendment of s 18 (Grant of casino licences)
Clause 73 amends section 18 of the Casino Control Act to provide that the Governor in Council
may grant a casino licence on conditions. The clause breaches section 4(3)(a) of the Legislative
Standards Act because it does not provide for a review or appeal against the exercise of the
Governor in Council's decision to impose conditions, which may be adverse to the interests of
the licensee, on the licence.
Page 8
Queen's Wharf Brisbane Bill 2015
This breach is considered justifiable as a casino licence grants rights of a commercial nature to
the casino licensee; the terms of which are grounded, in part, in a contractual agreement
between the State and the casino licensee. The commercial agreement will identify what, if
any, conditions are to be placed on the casino licence to be issued. The QWB Casino
Agreement, for example, provides that the casino licensee must not conduct casino operations
under the casino licence unless and until all of the licence conditions which are specified in the
casino licence to be conditions precedent to the conduct of casino operations are satisfied.
These conditions will include the execution of relevant project documents, and the grant of the
long term lease in respect of the land to be used for the Queen's Wharf casino. In instances
such as this where conditions have already been agreed to between the State and the casino
licensee, it would not be appropriate for the conditions to be subject to an administrative review
process.
The amendment to section 18 of the Casino Control Act will also allow conditions to be placed
on the licence without the licensee's agreement. This is considered justifiable because public
confidence and trust can be maintained only by a system of strict regulation and licensing to
ensure the integrity of gaming, and to exclude unsuitable persons and their associates from
involvement in casino operations. Clause 73 is, in this regard, consistent with other gaming
Acts in Queensland which do not provide an avenue of appeal in relation to decisions to
condition a lottery, keno or wagering licence.
Clause 93 - Insertion of new ch 3, pt 2, div 2A
The amendments to the Economic Development Act do not provide a specific right of review
or appeal against the declaration by MEDQ to identify PDA-associated development outside a
PDA. However, the approach is justified as MEDQ will be required to be satisfied that a
number of criteria are met before making a declaration, while the Judicial Review Act 1991
will provide an avenue to appeal the decision making process. In addition, as supporting plans
and documents are required to accompany the declaration, development proponents can be
expected to assist MEDQ in identifying the development, while the public will have the
opportunity to make submissions if PDA-associated development declared by MEDQ is PDA
assessable development.
Legislation should have sufficient regard to the rights and liberties of individuals by being
reasonable and fair
Clause 20 - Voting power
Clause 21 - Non-voting interests
Clause 22 - Convertible securities
Clause 23 - Voting power
A person's voting power or relevant interests in non-voting interests and convertible securities
in the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant
entity that is a trustee of the IR Holding Trust or IR Operating Trust must not exceed the limits
prescribed in clauses 20, 21, 22 and 23 of the Bill without the prior approval of the Governor
in Council or the Minister (as applicable). A person's voting power under clauses 20 and 23
is determined by reference to voting interests held by a person's associates pursuant to section
610 of the Corporations Act. Clause 21 provides that for the purposes of working out the non-
voting interests that are held by a person in these entities, the non-voting interests held by an
associate of the person are also included in the person's holdings. Clause 22 provides a similar
Page 9
Queen's Wharf Brisbane Bill 2015
provision in respect of convertible securities. A person may be required to dispose of their
holdings in each relevant entity under chapter 4, part 3, division 2 if they fail to obtain the
necessary approval.
A person may not necessarily know or be able to find out what interests and convertible
securities are held by an associate particularly if the interests and convertible securities held by
the associate are not in an Australian listed company. Under section 672DA of the
Corporations Act, a listed company is required to keep a register of the nature and extent of a
person's relevant interest in shares in the company. The register is open for inspection by any
person. The Bill does not provide a requirement for other relevant entities to keep a similar
register. As such, a person may have no way of knowing that they are required to obtain
approval under clauses 20, 21, 22 or 23 of the Bill as a result of their associate's holdings
(which when combined with the person's own holdings, exceeds the prescribed thresholds
under clauses 20, 21, 22 or 23). In such circumstances, it may not be perceived to be fair to
require a person to dispose of their holdings.
It should be noted that chapter 4, part 3, division 1 of the Bill incorporates a show cause process
to ensure that natural justice is observed before a person's rights are adversely affected. Clause
30 in particular provides a person who has been given a show cause notice with at least 21 days
to show why a particular action should not be taken.
Legislation should not adversely affect rights and liberties, or impose obligations
retrospectively (section 4(3)(g) of the Legislative Standards Act)
Clause 93 - Insertion of new ch 3, pt 2, div 2A
Under amendments to the Economic Development Act, development rights and obligations
may potentially change by subjecting PDA-associated development to the Economic
Development Act, rather than the regulatory regime that would otherwise apply, in most cases
the Sustainable Planning Act. This may have implications for the type of assessment that is
applicable, requirements for development and any requirements for public notification.
However, the approach is justified because for assessable development, the planning
instrument, plan, policy or code that would otherwise have applied will be considered by
MEDQ to the extent relevant. In addition, as supporting plans and documents are required to
accompany the declaration, development proponents can be expected to assist MEDQ in
identifying the development, and the public will have the opportunity to make submissions if
PDA-associated development declared by MEDQ is PDA assessable development.
Legislation should have sufficient regard to the rights and liberties of individuals by
ensuring that consequences imposed are proportionate and relevant to the actions to
which the consequences are applied
Clause 14 - Becoming a party to casino agreement
Clause 28 - Notice requirements relating to other relevant entities
Clause 34 - Direction to take action to remedy noncompliance
Clause 37 - Direction to dispose of interests and convertible securities
Clause 40 - Requirement to comply with disclosure notice
Clause 65 - Regulation-making power
Page 10
Queen's Wharf Brisbane Bill 2015
The Bill prescribes a number of new offences. A maximum penalty of 40 penalty units is
attached to the following:
a failure by a person to sign an accession deed when required (clause 14(3));
a failure by a person, within five business days after the person's voting power first exceeds
10 percent but not more than 20 percent in a relevant entity (other than the casino licensee,
IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity that is a
trustee of the IR Holding Trust or IR Operating Trust) to give the relevant entity a written
notice of that interest (clause 28(1));
a failure by a relevant entity (other than the casino licensee, IR HoldCo, IR Holding Trust,
IR Operating Trust, or any other relevant entity that is a trustee of the IR Holding Trust or
IR Operating Trust), within 10 business days after becoming aware that a person's voting
power has exceeded 10 percent but not more than 20 percent in the relevant entity, to
provide the Minister written notice of that fact (clause 28(2)); and
a failure by a person who has been given a disclosure notice by a relevant entity to disclose,
within two business days of receiving the notice, certain matters relating to the person's
relevant interest in interests in the relevant entity (clause 40(1)).
A maximum penalty of 200 penalty units is attached to the following:
a failure by a person to comply with a direction issued by the Governor in Council to take
a particular action by the specified period to remedy their non-compliance with a
requirement to obtain the necessary approvals to hold voting power, or relevant interests
in non-voting interests and convertible securities above particular thresholds under chapter
4, part 2, division 1 of the Bill or to abide with a condition of an approval given under
chapter 4, part 2, division 1 (clause 34(4)); and
a failure by a person to comply with a direction by the Governor in Council to dispose all
of their interests and convertible securities in each relevant entity within the prescribed
period (clause 37(5)).
Additionally, clause 65(2) provides that the Governor in Council may make regulations under
the QWB Act imposing a penalty of no more than 10 penalty units for contravention of a
provision of a regulation.
As the provisions create new offences, they raise the FLP issue of whether sufficient regard
has been given to the rights and liberties of individuals.
The offences are considered necessary to improve the operation of the provisions of the Bill
that relate to the approval requirements that need to be satisfied in order for a person to have
voting power, or relevant interests in non-voting interests and convertible securities over
certain thresholds in relevant entities, and the remedial actions which can be taken where the
required approvals are not sought or obtained. Without creating an offence, it would be
difficult to enforce compliance with these provisions which go to the heart of protecting the
integrity of casino operations and ensuring that persons associated or connected with the
management or operation of the Queen's Wharf casino or complex are suitable.
The penalties provided in clauses 14, 28 and 40 of the Bill are considered proportionate to the
offences in comparison to other similar offences in the Casino Control Act. For example, a
breach of certain provisions in the Casino Control Act which require notice to be given about
Page 11
Queen's Wharf Brisbane Bill 2015
particular matters, such as sections 29A and 40, similarly attract a maximum penalty of 40
penalty units.
The penalties provided in clauses 34 and 37 of the Bill are also considered to commensurate
with the offences in comparison to other offences in the Casino Control Act that relate to the
integrity of casino operations. For example, a maximum of 200 penalty units may be imposed
under the Casino Control Act on a casino operator who fails to operate a casino under an
approved control system for the casino (section 73), or on a person who works as a casino key
employee or casino employee while unlicensed (section 34).
The prescription of no more than 10 penalty units for a contravention of a regulation made
under the QWB Act is considered appropriate as the Casino Control Regulation prescribes no
more than 10 penalty units for breaches of particular provisions. In any event, penalties under
subordinate legislation are generally not more than 20 penalty units.
Legislation should allow the delegation of legislative power only in appropriate cases and
to appropriate persons (section 4(4)(a) of the Legislative Standards Act)
Clause 27 - Notice requirements relating to the licensee and IR HoldCo
Clause 27 enables a regulation to be made which requires a person to give a specified relevant
entity or the Minister particular information known to the person about interests or convertible
securities in the specified relevant entity. The specified relevant entities to which clause 27
relates are the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other
relevant entity that is a trustee of the IR Holding Trust or IR Operating Trust. This contrasts
with the approach adopted in clause 28 of the Bill which requires a person to provide written
notice to a relevant entity, other than a specified relevant entity mentioned in clause 27, within
five business days after the person's voting power in the relevant entity first exceeds 10 percent
but not more than 20 percent. The relevant entity, once aware that a person's voting power has
exceeded 10 percent, must advise the Minister by written notice within 10 business days.
This approach (under which notice requirements in relation to certain specified relevant entities
are to be prescribed by regulation while notice requirements in relation to other relevant entities
are defined in the Bill itself) is necessary as there is a need for greater flexibility in defining
notice requirements for the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust,
and other relevant entities that are a trustee of the IR Holding Trust or IR Operating Trust. In
contrast to other relevant entities, the Bill places greater importance on these particular entities
as evidenced by the more onerous requirements imposed on persons with interests in the casino
licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, and other relevant entities that are
a trustee of the IR Holding Trust or IR Operating Trust. The increased flexibility provided
through clause 27 is therefore, consistent with the framework under the Bill.
Legislation should sufficiently subject the exercise of a delegated legislative power to the
scrutiny of the Legislative Assembly (section 4(4)(b) of the Legislative Standards Act)
Clause 93 - Insertion of new ch 3, pt 2, div 2A
A potential FLP issue is that the amendments to the Economic Development Act enable MEDQ
to change the development assessment requirements for certain development outside a PDA.
The process that would otherwise apply (declaring a PDA) is approved by regulation and
Page 12
Queen's Wharf Brisbane Bill 2015
includes an instrument to regulate development in the PDA. The process for MEDQ to declare
PDA-associated development is justified having regard to the following:
the declaration by MEDQ is limited to certain prescribed development, rather than to a
wide range of development within one or more geographical areas;
to make a declaration MEDQ will need to be satisfied that a number of criteria are met,
including that applying the Sustainable Planning Act 2009 may have an adverse effect on
delivery of the proposed development and that the proposed development mitigates
impacts of development in the PDA, provides infrastructure for the PDA or promotes the
orderly development and management of the PDA in accordance with the development
scheme for the PDA;
the declaration also must not compromise the implementation of any planning instrument
applying to the PDA, or applying to the site of the proposed development;
consultation with the relevant local government, as well as appropriate government entities
and government owned corporations, is required before a declaration is made by MEDQ;
instruments applicable for regulating the development will already be in place, including,
to the extent relevant, the instrument for the PDA, and instruments that would otherwise
have applied; and
public notification will be required for PDA-associated development declared by MEDQ
that is PDA assessable development.
Legislation should authorise the amendment of an Act only by another Act (section 4(4)(c)
of the Legislative Standards Act)
Clause 17 - Meaning of relevant entity
Under the QWB Casino Agreement, certain reporting and other obligations are imposed on or
in relation to relevant entities. Clause 17 of the Bill defines a 'relevant entity' to include an
entity listed in the QWB Casino Agreement, an entity that becomes a party to the Casino
Agreement under an accession deed, and any other entity declared by the Minister to be a
relevant entity. A 'relevant entity' does not include an entity that stops being a party to the
Casino Agreement under a deed of cessation or an entity declared by the Minister not to be a
relevant entity.
The Minister's ability to decide who is and who is not a relevant entity is a breach of section
4(4)(c) of the Legislative Standards Act because it enables the QWB Act to be amended by
executive action.
The Minister's ability to decide who is and who is not a relevant entity is however, limited by
whether the entity can influence the ownership, management or operations of another relevant
entity in relation to the Queen's Wharf casino or complex. The circumstances in which the
Minister may amend the operation of the QWB Act is therefore, considerably narrowed.
As there could, at any time, be a number of entities interposed in the ownership chain between
the ultimate parents of various entities involved in the ownership of the casino, and the casino
licensee, IR HoldCo, IR Operating Trust and IR Holding Trust, clause 17 is necessary to enable
the Minister to require any new entities to become subject to the same obligations imposed on
or relating to relevant entities under the Casino Agreement particularly if the new entities are
able to influence the ownership, management or operations of the Queen's Wharf casino or
Page 13
Queen's Wharf Brisbane Bill 2015
complex. It also allows the Minister to require any subsidiaries, or controlled or significantly
influenced entities, of the casino licensee, IR HoldCo, IR Operating Trust and IR Holding Trust
to be subject to the obligations imposed on relevant entities.
Clause 17 additionally requires the Minister's decision to be notified by publication on the
Queensland legislation website as subordinate legislation. This provides Parliament with a
level of oversight of the Minister's decision because if subordinate legislation is not tabled
within 14 sitting days after it is notified as required under the Statutory Instruments Act or is
disallowed by a resolution passed by the Legislative Assembly, the subordinate legislation
ceases to have effect.
Clause 29 - Exemptions
In order to maintain the integrity of those involved with or who have an influence in the
ownership, management or conduct of casino operations, clauses 20, 21, and 22 of the Bill
impose a requirement on persons seeking to acquire voting power, or relevant interests in non-
voting interests or convertible securities in the casino licensee, IR HoldCo, IR Holding Trust,
IR Operating Trust, or any other relevant entity that is a trustee of the IR Holding Trust or IR
Operating Trust to obtain the prior written approval of the Minister (or the Governor in Council
as the case may be) if the acquisition will exceed prescribed limits. Similarly, clause 23 of the
Bill imposes a requirement on persons seeking to acquire voting power, above a prescribed
limit, in other relevant entities to first obtain the approval of the Governor in Council. Clause
29 confers upon the Governor in Council a general power, exercisable by regulation, to exempt
a person or class of persons (such as certain members of corporate groups) from either
requirement.
To support the approval requirements in clauses 20 to 23, the Bill also contains a requirement
on persons to provide certain information relating to their holdings. Specifically, under clause
27, a regulation may require a person to give the Minister or a prescribed relevant entity certain
information known to the person about any matter related to interests or convertible securities
in the prescribed relevant entity. The prescribed relevant entities are the casino licensee, IR
HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity that is a trustee of
the IR Holding Trust or IR Operating Trust. Also, under clause 28, a person who has voting
power of more than 10 percent but not more than 20 percent in a relevant entity (other than the
casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity
that is a trustee of the IR Holding Trust or IR Operating Trust) is required to give the relevant
entity notice of that interest. However, a person may be exempt from the requirement to
provide the necessary information under clauses 27 and 28 by regulation under clause 29.
Clause 29 breaches section 4(4)(c) of the Legislative Standards Act because it authorises the
amendment of an Act by subordinate legislation. However, it should be noted that clause 29
can only be applied in a narrow set of circumstances - that is, to exempt a person, or class of
persons, from the requirements of chapter 4, part 2, division 1 (subdivision 1 or 2) or division
2 of the Bill.
Clause 29 is considered necessary to allow flexibility to exempt certain persons from approval
requirements where the approval is technically required because of the breadth of the concepts
of 'voting power' and 'relevant interests' but where there is minimal regulatory reason to
require that approval. For example, provided that key members of a corporate group obtain
Page 14
Queen's Wharf Brisbane Bill 2015
the necessary approvals, it may not be considered necessary for all members of the corporate
group to obtain separate approvals.
It also allows future shareholding scenarios to be addressed which may not have been
contemplated and which may be considered appropriate to include in the regulation exemption.
The commercial reality is that corporate structures change from time to time for various reasons
and it is not possible to foresee the type of corporate structure the consortium parties and their
associated entities may have in place in the future particularly when it is envisaged that:
the casino licensee will, subject to the casino licensee's continuing suitability, likely
remain the casino licensee for the duration of the casino licence which, once granted, will
remain in force for 99 years after casino operations commences;
the casino licensee, IR HoldCo and each of the other three consortium parties to the QWB
Casino Agreement will remain a party to the Agreement for as long as they have not ceased
to be a party under a signed deed of cessation; and
there is avenue for other entities, whose corporate structures are currently unknown, to
become a party to the Casino Agreement under an accession deed.
Additionally, acquisitions of voting power, or relevant interests in non-voting interests and
convertible securities are commercial transactions which most bodies corporate would seek to
finalise within a reasonable timeframe. Therefore, should a body corporate be deemed suitable
to be exempt from the requirements of chapter 4, part 2, division 1 (subdivision 1 or 2) or
division 2 of the Bill, it would be desirable for the body corporate to be exempt through
regulation (rather than under an Act) for reasons of commercial expediency.
Lastly, clause 29 is considered necessary despite the Minister's ability to declare an entity not
to be a relevant entity under clause 17 (and hence, not within the approval requirements under
clauses 20 to 23, and clauses 27 and 28) because it may be appropriate to only partially exempt
a relevant entity from the approval requirements, and it may not be appropriate for all the other
provisions of the QWB Act or the QWB Casino Agreement relating to relevant entities not to
apply to the entity.
Schedule 1 - Casino agreement
The QWB Casino Agreement is provided in schedule 1 of the Bill. The Casino Agreement
provides for a number of matters which can subsequently be varied by the casino licensee with
the prior approval of the Minister or Commissioner for Liquor and Gaming (as the case may
be) after the Agreement has been ratified by the Legislative Assembly including the site for the
integrated resort, and the part of the integrated resort comprising the casino and casino
environs. The licensee's ability to vary these matters without parliamentary oversight is a
breach of section 4(4)(c) of the Legislative Standards Act because it enables an Act to be
amended by executive action.
While all attempts have been made to identify the areas which will initially relate to the casino,
casino environs and precinct, it is likely there will be further amendments as plans and drawings
for these areas are finalised and development approval is sought for them. Once the integrated
resort is open to the public, it is envisaged that the casino licensee may also, from time to time,
wish to alter the casino areas and casino environs to accommodate operational needs and
patrons' preferences in order to maximise customer experience. For these reasons, it is
considered necessary that these areas should be able to be amended by the licensee with the
Page 15
Queen's Wharf Brisbane Bill 2015
prior approval of the executive arm of government. To otherwise require the prior approval of
the legislature would unduly impact on the operational efficiency of an integrated resort that is
intended to form part of a broader entertainment precinct to showcase Brisbane as a new world
tourism destination.
Legislation should have sufficient regard to the institution of Parliament by ensuring that
Parliament is informed about the nature and effect of the proposed legislation which it is
considering
Clause 10 - Making and ratifying agreement
Section 19 of the Casino Control Act states that an agreement regarding a casino licence has
no force or effect unless and until it is ratified by Parliament. The QWB Agreement in
schedule 1 of the Bill is a proposed agreement that will, subject to the passage of the Bill, be
later approved by regulation pursuant to clause 10. Clause 10 states that when the QWB
Casino Agreement is approved by regulation, the Agreement is taken to be ratified by the
Legislative Assembly for the purposes of section 19 of the Casino Control Act. Despite there
being no further consideration by Parliament of the finalised QWB Casino Agreement, the
Agreement then has the effect of law and under clause 4 of the Bill, prevails over other Acts
to the extent of any inconsistency. This raises the FLP issue of whether sufficient regard has
been given to the institution of Parliament as Parliament should ideally be able to consider
the finalised, executed QWB Casino Agreement before it is ratified.
The proposed approach under clause 10 is necessary to provide flexibility to allow for the
finalisation and signing of the Agreement within timeframes agreeable to all parties. In any
event, disallowance measures under the Statutory Instruments Act will provide Parliament with
oversight of the approval of the finalised Agreement. The Statutory Instruments Act requires
subordinate legislation, such as regulations, to be tabled in the Legislative Assembly within 14
sitting days after it is gazetted following a decision of the Governor in Council. Section 50 of
the Statutory Instruments Act allows the Legislative Assembly to pass a resolution disallowing
subordinate legislation on the motion of a member within 14 sitting days after the subordinate
legislation is tabled.
Schedule 1 - Casino agreement
Some parts of the QWB Casino Agreement, as provided for in schedule 1 of the Bill, use
particular terms defined in other QWB project documents or otherwise refer to other QWB
project documents. For instance, the QWB Casino Agreement provides that the terms 'long
stop date', 'long term leases' and 'long term leases start date' have the meaning given in the
QWB Development Agreement between the State and DBC. The QWB Casino Agreement
itself does not define these terms in full.
The QWB project documents referenced in the QWB Casino Agreement will not be tabled in
Parliament as part of the QWB Bill. This raises the FLP issue of whether sufficient regard has
been given to the institution of Parliament as Parliament should ideally be able to ascertain the
meaning of all terms used in the QWB Casino Agreement in order to fully understand the nature
and effect of the QWB Casino Agreement.
The QWB project documents referenced in the QWB Casino Agreement contain commercially
sensitive information, the disclosure of which could have an impact on the development and
Page 16
Queen's Wharf Brisbane Bill 2015
operation of the QWB project for both the State and DBC. DBC may also potentially suffer
loss if the commercially sensitive information is disclosed. Pursuant to the QWB Development
Agreement, the State has certain confidentiality obligations in relation to such information.
Consultation
From 2013, upon commencement of the QWB transaction definition stage, the Department of
State Development conducted an extensive range of community engagement activities. This
included:
receiving 1496 online surveys;
16 submissions from businesses, industry groups and individuals;
three Community Reference Group meetings;
a number of industry presentations;
'Talk to a team member' community displays throughout the CBD and Ekka;
participation in the Brisbane Ideas Fiesta 2013;
participation in the Bridge to Bridge, River to Ridge Urban Design Workshop which
formed the project's vision and objectives
market sounding both locally and internationally to peak industry groups, international
hotel, tourism and casino operators, developers and the finance sector;
a dedicated project shopfront open weekdays (from December 2013 to July 2015);
a project specific monthly update distributed to stakeholders; and
social media channels - QWB Facebook page, YouTube, Twitter.
As well as the above, the QWB PDA was declared by EDQ on 28 November 2014, to facilitate
the planning and delivery of the QWB integrated resort development and establish the
necessary policy environment to support the intended development outcome for the site. Public
notification of the proposed development scheme for the QWB PDA was held from 7 August
2015 to 21 September 2015 (the submission period). The proposed development scheme is the
planning document that will assist in planning, carrying out, promoting, coordinating and
controlling the development of land in the QWB PDA.
Since being announced as the preferred proponent in July 2015, DBC have undertaken over 50
engagements with an audience of around 8,000 people and will continue to do so until the
integrated resort development in operational in 2022.
Exposure drafts of the Bill were provided to DBC for comment on 26 and 30 November 2015,
and 1 December 2015.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland.
The amendments to the Economic Development Act are unique to Queensland and are
complementary to other Queensland legislation, such as the Sustainable Planning Act. While
not uniform, other jurisdictions have provisions to fast track planning and development.
Page 17
Queen's Wharf Brisbane Bill 2015
Notes on provisions
Chapter 1 Preliminary
Part 1 Introduction
Clause 1 specifies the short title by which the Bill will be known once enacted.
Clause 2 provides that the QWB Act is intended to commence on a day to be fixed by
proclamation.
Clause 3 details the main purposes of the Bill.
Clause 4 specifies that if a provision of the QWB Act is inconsistent with another Act, the
provision of the QWB Act prevails to the extent of the inconsistency unless the QWB Act or
the other Act expressly deals with the interaction between the two Acts.
Clause 5 provides that, when enacted, the QWB Act will bind all persons including the State.
The clause is intended to make clear that the parties to the QWB Casino Agreement (which
includes the State) will be bound by their commitments under the Agreement which will be
enacted as law once ratified. Clause 5 also provides that nothing in the Bill will make the State
liable to be prosecuted for an offence.
Part 2 Interpretation
Clause 6 provides that particular words used in the Bill are defined in the dictionary in schedule
2.
Clause 7 provides that unless the context otherwise requires, a reference to the QWB Act or a
provision of that Act includes a reference to the QWB Casino Agreement or a provision of the
Agreement. This is because the QWB Casino Agreement has effect as part of the QWB Act
when ratified.
Clause 8 provides that if a provision of the QWB Casino Agreement expresses an idea in
particular words and another provision of the QWB Act appears to express the same idea in
different words for the purpose of giving effect to the Agreement, the ideas are taken not to be
different merely because different words are used.
Clause 9 provides that the QWB Casino Agreement is the agreement made and approved by
regulation under clause 10, as amended from time to time under clause 11.
Chapter 2 Casino agreement has force of law
Clause 10 provides that the Minister may, on behalf of the State, enter into an agreement for a
casino on the terms and with the parties set out in the proposed agreement in schedule 1 of the
Bill. If the agreement is approved by regulation, it is taken to be ratified by the Legislative
Assembly for the purposes of section 19 of the Casino Control Act, and has effect as if it were
Page 18
Queen's Wharf Brisbane Bill 2015
a law of the State. Approval by regulation would require the signed agreement to be set out in
full, and approved by, a regulation made under clause 10.
Disallowance measures under the Statutory Instruments Act 1992 will provide Parliament with
oversight of the approval of the regulation. The Statutory Instruments Act requires subordinate
legislation, such as regulations, to be tabled in the Legislative Assembly within 14 sitting days
after it is gazetted following a decision of the Governor in Council. Section 50 of the Statutory
Instruments Act allows the Legislative Assembly to pass a resolution disallowing subordinate
legislation on the motion of a member within 14 sitting days after the subordinate legislation
is tabled.
Clause 11 provides that the QWB Casino Agreement may be amended by further agreement
between the Minister, on behalf of the State, and other parties to the QWB Casino Agreement.
If the further agreement is ratified by the Legislative Assembly, the further agreement takes
effect to amend the QWB Casino Agreement and has effect as if it were a law of the State. For
this clause, ratification by the Legislative Assembly would be done by a later Act in which the
signed further agreement is set out in full and ratified by the Legislative Assembly.
The QWB Casino Agreement enables certain limited matters provided for in the Agreement to
be varied without Parliament's approval subject to the prior approval of the Minister or
Commissioner for Liquor and Gaming (as the case may be). The permitted variations include
matters such as the boundaries of the casino (within the casino area identified in schedule 4 of
the Agreement), casino environs and precinct. The Agreement also provides for certain matters
to be decided by the Minister in the Minister's discretion such as the operating hours of the
casino; and the table games which may, in addition to those already identified in the QWB
Casino Agreement, be declared to be casino-exclusive table games. Although it will be
important to track changes to these matters administratively, the parties consider it is not
necessary to amend the QWB Casino Agreement itself to vary these matters.
Amendments or variations to any other matters in the QWB Casino Agreement which are not
within the purview of the Minister or Commissioner for Liquor and Gaming's decision under
the terms of the QWB Casino Agreement itself will require a further agreement between the
parties to the QWB Casino Agreement that is ratified by the Legislative Assembly in
accordance with clause 11 of the Bill. Examples include any variations to the exclusivity period
specified in clause 3.5 of the QWB Casino Agreement or to reporting and other obligations of
or in relation to relevant entities under clause 4.2 of the QWB Casino Agreement.
Clause 12 provides that the chief executive must publish a document on the department's
website consolidating the agreement entered into under clause 10 and any further agreements
under clause 11.
Chapter 3 Changes to parties to casino agreement
Clause 13 defines the term 'holding entity'. An entity (the second entity) is the holding entity
of another entity (the first entity) if the first entity is a subsidiary of the second entity. The
provision further elaborates what needs to be taken into account for deciding whether the first
entity is a subsidiary of the second entity.
Page 19
Queen's Wharf Brisbane Bill 2015
Clause 14 provides a mechanism under which a person may, in the future, be required to
become a party to the QWB Casino Agreement even though they were not originally part of
DBC or the bid process. Under the provision, a person must not become a holding entity of a
relevant entity; or a trustee of a trust, of which a consortium party is a trustee, that is a relevant
entity and holds interests in another relevant entity, unless the person has signed an accession
deed in the approved form which has been published in the gazette, or the person is exempted
from the requirement to sign an accession deed by the Minister. Clause 14 also provides that
a person must sign an accession deed if the person and the Minister agree in writing that the
person will become a party to the QWB Casino Agreement or the Governor in Council decides,
on the Minster's recommendation, to require the person to become a party to the Agreement.
Upon gazettal and upon the accession deed becoming unconditional, a person becomes party
to the QWB Casino Agreement, a consortium party, a relevant entity and if applicable, an
ultimate parent under the QWB Casino Agreement.
A person may be liable for up to 40 penalty units if the person fails to sign an accession deed
when required. Clause 14 does not provide a right of appeal or review in relation to the
Governor in Council's decision to require a person to accede to the QWB Casino Agreement.
Clause 15 provides that if a consortium party (the ceasing party) stops or proposes to stop being
a holding entity of a relevant entity or a trustee of a trust that is a relevant entity, and the
Minister and each other consortium party consents in writing to the ceasing party no longer
being a party to the QWB Casino Agreement, the ceasing party may sign a deed of cessation.
The deed of cessation must be in the approved form and will have no effect unless a signed
copy is provided to the Minister and each other consortium party and is published in the gazette.
The cessation deed takes effect when it becomes unconditional.
Once in effect, the person who signs the deed of cessation stops being a party to the QWB
Casino Agreement, a consortium party, a relevant entity and if applicable, an ultimate parent
under the QWB Casino Agreement. However, despite signing a deed of cessation, an entity
may still be declared by the Minister to be a relevant entity under clause 17(1)(c). This is
intended to capture the situation where, for example, a current party to the QWB Casino
Agreement ('Entity X') is taken over and becomes a wholly owned subsidiary of another entity
('Entity Y') which becomes a party to the QWB Casino Agreement. It may be appropriate for
Entity X to cease to be a party to the QWB Casino Agreement but as it is still interposed in the
ownership chain for the Queen's Wharf casino, the Minister may consider it necessary that
Entity X remain a relevant entity.
Chapter 4 Interests in relevant entities
Part 1 Preliminary
Clause 16 defines the terms used in chapter 4.
Clause 17 defines the term 'relevant entity' to mean an entity listed in schedule 3, column 1 or
2 of the QWB Casino Agreement, an entity that becomes a party to the Agreement under
chapter 3 of the Bill or any other entity declared by the Minister, by notice, to be a relevant
entity. A trust and a trustee of the trust may be considered to be separate relevant entities.
However, a relevant entity does not include an entity that stops being a party to the QWB
Page 20
Queen's Wharf Brisbane Bill 2015
Casino Agreement or an entity that is declared, by notice, by the Minister not to be a relevant
entity.
The Minister may declare, by notice, that an entity is a relevant entity only if the Minister is
satisfied the entity can influence the ownership, management or operations of another relevant
entity in relation to the Queen's Wharf casino or complex, or the entity is a subsidiary of, or
the entity is otherwise controlled or significantly influenced by the casino licensee or IR
HoldCo or another relevant entity that is a trustee of the IR Holding Trust or IR Operating
Trust. Similarly, the Minister may declare, by notice, that an entity is not a relevant entity only
if the Minister is satisfied the entity cannot influence the ownership, management or operations
of another relevant entity in relation to the casino or complex, and is not a subsidiary of, or
otherwise controlled or significantly influenced by the casino licensee or IR HoldCo or another
relevant entity that is a trustee of the IR Holding Trust or IR Operating Trust. An entity may
still be declared by the Minster to be a relevant entity even though the entity is not a party to
the QWB Casino Agreement. The Minister's decision that an entity is or is not a relevant entity
is not subject to appeal or review.
Clause 18 defines the term 'relevant interest', in interests or convertible securities in a relevant
entity, to have the same meaning given for the term under the Corporations Act. If a relevant
entity is a body corporate, a person's relevant interest in interests or convertible securities in
the entity does not include a relevant interest in interests or convertible securities in a trust of
which the entity is a trustee. This is because it is intended that a person be required to seek
separate approvals to hold voting power, or relevant interests in interests or convertible
securities, in a relevant entity that is a body corporate and voting power, or relevant interests
in interests or convertible securities, in a relevant entity that is a trust of which the body
corporate is a trustee. For example, if a person intends to hold relevant interests in 25 percent
of a class of non-voting interests in IR HoldCo and relevant interests in 12 percent of a class
of non-voting interests in IR Holding Trust, the person would need to seek the Governor in
Council's approval to hold relevant interests in 25 percent of that class of non-voting interests
in IR HoldCo under clause 21(2)(b) and the Minister's approval to hold relevant interests in 12
percent of that class of non-voting interests in IR Holding Trust under clause 21(2)(a).
Clause 18 also provides that interests in a relevant entity that is a trust are taken to be securities
for the purposes of applying the Corporations Act definition of 'relevant interests' to interests
in the trust.
Clause 19 provides that for the purposes of chapter 4 of the Bill, a trust is taken to be an entity,
and a managed investment scheme and designated body under the Corporations Act. The
clause also provides that if a provision of the QWB Act imposes an obligation in relation to a
trust, the obligation is taken to be imposed in relation to each trustee of the trust. Similarly, if
a provision of the QWB Act refers to consent given by a trust, the consent must be given by
each trustee of the trust acting in that capacity. Lastly, under the QWB Act, a document that
is required to be given to or by a trust, must be given to or by a trustee of the trust.
Part 2 Requirements about voting power and relevant
interests
Division 1 Approval requirements
Page 21
Queen's Wharf Brisbane Bill 2015
Clause 20 provides that a person's voting power in the casino licensee, IR HoldCo, IR Holding
Trust, IR Operating Trust, or any other relevant entity that is a trustee of the IR Holding Trust
or IR Operating Trust must not exceed the prescribed limits without the prior approval of the
Minister or Governor in Council (whichever is applicable in the circumstances). If a person
has voting power in more than one of these relevant entities, the person must obtain separate
approvals in relation to each relevant entity. It is intended that a person only be required to
seek approval the first time their voting power exceeds each prescribed threshold. For example,
if a person's voting power in the casino licensee fluctuates from 3 percent to 7 percent, and
then back to 4 percent before rising to 8 percent, the person would only be required to seek the
approval of the Minister under clause 20(2)(a) the first time the person's voting power exceeds
5 percent.
Clause 21 provides that the total number of non-voting interests in the casino licensee, IR
HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity that is a trustee of
the IR Holding Trust or IR Operating Trust in which a person has a relevant interest must not
exceed the prescribed limits of the total number of interests of the same class on issue without
the prior approval of the Governor in Council. If a person has relevant interests in non-voting
interests in more than one of these relevant entities, the person must obtain separate approvals
in relation to each relevant entity.
In determining whether the prescribed limits will be exceeded, clause 21 provides that a
person's relevant interests in non-voting interests in a particular class includes a relevant
interest of an associate of the person in non-voting interests of the same class on issue, other
than the non-voting interests in which the person has a relevant interest. The provision provides
an example of when a person's associate's relevant interest is to be taken into account.
It is intended that a person only be required to seek approval the first time their relevant
interests in a class of non-voting interests exceeds each prescribed threshold.
Clause 22 provides that the total number of securities that are convertible into interests in the
casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity
that is a trustee of the IR Holding Trust or IR Operating Trust in which a person has a relevant
interest must not exceed the prescribed limits of the total number of convertible securities of
the same class on issue without the prior approval of the Governor in Council. If a person has
relevant interest in convertible securities in more than one of these relevant entities, the person
must obtain separate approvals in relation to each relevant entity.
In determining whether the prescribed limits will be exceeded, clause 22 provides that a
person's relevant interests in convertible securities in a particular class includes a relevant
interest of an associate of the person in convertible securities of the same class, other than
convertible securities in which the person has a relevant interest.
It is intended that a person only be required to seek approval the first time their convertible
securities exceeds each prescribed threshold.
Clause 23 provides that a person's voting power in a relevant entity (other than the casino
licensee, IR HoldCo, IR Holding Trust, IR Operating Trust, or any other relevant entity that is
a trustee of the IR Holding Trust or IR Operating Trust) must not be more than 20 percent
without the prior approval of the Governor in Council. If a person has voting power in more
than one of relevant entity, the person must obtain separate approvals in relation to each
Page 22
Queen's Wharf Brisbane Bill 2015
relevant entity. However, it is intended that a person only be required to seek approval the first
time their voting power exceeds the prescribed threshold.
Clause 24 provides that the Governor in Council or the Minister may only give a person the
necessary approvals under chapter 4, part 2, division 1 if they are satisfied that the person is
suitable to be associated or connected with the ownership, management or operations of the
Queen's Wharf casino or complex following an investigation of the person under section 20 or
30 of the Casino Control Act.
Clause 25 provides that an approval of the Governor in Council or Minister under chapter 4,
part 2, division 1 of the Bill may be given subject to conditions. If an approval is given subject
to conditions, the person must comply with the conditions.
Clause 26 clarifies that if an approval is granted by the Governor in Council or Minister under
chapter 4, part 2, division 1 of the Bill and the Governor in Council subsequently gives a person
a direction under chapter 4, part 3, division 2, the approval granted under division 1 is revoked.
Division 2 Notice requirements
Clause 27 provides that a regulation may require a person to give the Minister or a prescribed
relevant entity certain information known to the person about matters relating to interests or
convertible securities in the prescribed relevant entity. The prescribed entities to which the
provision relates are the casino licensee, IR HoldCo, IR Holding Trust, IR Operating Trust or
any other relevant entity that is a trustee of the IR Holding Trust or IR Operating Trust.
Clause 28 provides that if a person's voting power in a relevant entity (other than the casino
licensee, IR HoldCo, IR Holding Trust, IR Operating Trust or any other relevant entity that is
a trustee of the IR Holding Trust or IR Operating Trust ) reaches more than 10 percent but not
more than 20 percent, the person must give the relevant entity written notice within five
business days after the person's voting power first exceeds the limit or face up to 40 penalty
units in penalties. Within 10 business days of becoming aware that a person's voting power
has exceeded the prescribed limit or of receiving a notice from a person to that effect, the
relevant entity must advise the Minister by providing a written notice in the approved form or
face up to 40 penalty units in penalties.
Division 3 General
Clause 29 provides that a regulation may exempt a person or a class of persons from the
requirement to comply with a provision in chapter 4, part 2, division 1 (subdivision 1 or 2) or
division 2 of the Bill.
Part 3 Disposal of interests and convertible securities
Division 1 Noncompliance with approval requirements
Clause 30 provides that if the Minister suspects on reasonable grounds that a person has not
complied with an approval requirement under chapter 4, part 2, division 1 of the Bill (to either
obtain Governor in Council or Ministerial approval, or abide by a condition of an approval
granted by the Governor in Council or Minister), the Minister may give the person a show
Page 23
Queen's Wharf Brisbane Bill 2015
cause notice inviting the person to show why a proposed action should not be taken by the
person to remedy their non-compliance. The person must be provided with at least 21 days
after the day the show cause notice has been given to them to make a written representation.
A copy of the show cause notice must be given to the relevant entity to which the approval
requirement relates as well as the relevant entity's ultimate parent under the QWB Casino
Agreement if the relevant entity is not a consortium party.
Clause 31 states that the Minister must consider all written representations made during the
show cause period by the person.
Clause 32 provides that if, after considering the written representations made in relation to the
show cause notice, the Minister believes the person has not complied with an approval
requirement under chapter 4, part 2, division 1 of the Bill, but it is nevertheless, appropriate to
undertake an investigation of the person under section 30 of the Casino Control Act, the
Minister may require the person to satisfy the Governor in Council that the person is suitable
to be associated or connected with the ownership, management or operations of the Queen's
Wharf casino or complex. If the person is able to satisfy the Governor in Council that they are
a suitable person, the person is taken to have obtained the required approval for the purposes
of chapter 4, part 2, division 1 and no further action can be taken in relation to the show cause
notice.
Clause 33 provides that if, after considering the written representations for the show cause
notice, the Minister believes the person has not complied with an approval requirement under
chapter 4, part 2, division 1 of the Bill, and either it is not appropriate to undertake an
investigation of the person under section 30 of the Casino Control Act to determine if the person
is suitable to be associated or connected with the management or operation of the Queen's
Wharf casino or complex, or the person was investigated under section 30 and was not found
to be suitable, the Minister may recommend to the Governor in Council that a direction be
given to the person under clause 34 to take action to remedy the person's non-compliance. The
circumstances in which it may not be appropriate to investigate a person under section 30 of
the Casino Control Act include instances where information has come to light about the
person's unsuitability through other means or the person was previously found to be suitable
under section 20 or 30 of the Casino Control Act to hold a particular level of voting power,
non-voting interest or convertible securities but failed to abide by a condition of the approval
given to them for their holdings, and it would be appropriate to issue them with a direction
under clause 34 to abide by the condition immediately.
Under clause 33, the Minister may also recommend to the Governor in Council that a direction
be given to the person under clause 34 without giving the person a show cause notice if the
Minister believes the person has not complied with an approval requirement under chapter 4,
part 2, division 1 and the integrity of the operation of the Queen's Wharf casino may be
jeopardised in a material way or the public interest may be affected in an adverse or material
way.
Clause 34 provides that the Governor in Council may, on the recommendation of the Minister,
direct a person to take action to remedy the person's non-compliance with an approval
requirement under chapter 4, part 2, division 1 of the Bill as soon as reasonably practicable and
no later than two months after the day the person is given notice to take action or a later day if
the Governor in Council agrees to the later day. A person who fails to comply with the direction
may face a penalty of up to 200 penalty units.
Page 24
Queen's Wharf Brisbane Bill 2015
In contrast to the more defined powers of the Governor in Council under clause 37 to direct a
person to dispose all of the person's interests and convertible securities in each relevant entity,
clause 34 confers a wider discretion on the Governor in Council to specify any kind of action
which needs to be undertaken by a person to remedy the person's non-compliance. In certain
circumstances, it is possible that the Governor in Council will have the ability to issue a
direction under either clause 34 or 37 of the Bill. In these situations, clause 34 may be relied
upon where it is possible for a person to remain involved or associated with the Queen's Wharf
casino or complex subject to undertaking certain actions specified by the Governor in Council
while clause 37 may be relied upon where it is appropriate to have the person dispose of all
their relevant interests and convertible securities.
Clause 35 provides that chapter 4, part 2, division 1 of the Bill does not limit the operation of
chapter 4, part 2, division 2 of the Bill.
Division 2 Other disposal provisions
Clause 36 provides that the Minister may recommend to the Governor in Council that a
direction be given to a person under clause 37 if clause 5.2(a) or clause 5.2(b)(ii)(D) of the
QWB Casino Agreement have not been complied with, or a person has not complied with the
requirement to sign an accession deed under clause 14(3) within the required time, or has been
deemed not to be a suitable person to be associated or connected with the ownership,
management or operations of the Queen's Wharf casino or complex following an investigation
of the person under section 30 of the Casino Control Act. Clause 36 is intended to operate
without a show cause process.
Clause 37 provides that the Governor in Council may, on the recommendation of the Minister,
direct a person to dispose all of the person's interests and convertible securities in each relevant
entity as soon as reasonably practicable and no later than two months after the day the person
is given notice to take action, or a later day if the Governor in Council agrees to the later day.
A person who fails to comply with the direction may face a penalty of up to 200 penalty units.
Part 4 Information about ownership of interests
Clause 38 provides that Part 4 applies to a relevant entity that does not fall within the scope of
Part 6C.2 of the Corporations Act. Part 4 is intended to provide for a similar beneficial tracing
regime to that reflected in sections 672A and 672B of the Corporations Act for relevant entities
that are not within the scope of the Corporations Act. Where a relevant entity is subject to the
provisions in Part 6C.2 of the Corporations Act, those provisions will apply instead of Part 4
of the Bill.
Clause 39 provides that a relevant entity may direct a person who holds interests in the relevant
entity; or a person who has been named in a previous disclosure under clause 40 as holding, or
having given instructions about, interests in the relevant entity, to make a disclosure to the
relevant entity pursuant to clause 40.
Clause 40 provides that a person who has been given a disclosure notice under clause 39 must,
within two business days after receiving the notice, give the relevant entity a written notice
disclosing, among other things, full details of the person's relevant interests in interest in the
Page 25
Queen's Wharf Brisbane Bill 2015
relevant entity and the circumstances giving rise to the relevant interest. A person is only
required to disclose what they know. The evidential burden is on the person to show the extent
to which a matter was not known to them. A failure to abide by the disclosure notice can attract
up to 40 penalty units. A person is however, not required to comply with the disclosure notice
if they can prove that the disclosure notice was given vexatiously.
Chapter 5 Interaction with other laws
Part 1 Application of Land Act
Division 1 Preliminary
Clause 41 states that the purpose of chapter 5, part 1 is to facilitate commitments made by the
State in relation to land within the PDA. This includes a streamlined process for particular
land to be granted in fee simple or leased to the State and changes the way the Land Act operates
in relation to the land leased to the State.
Clause 42 provides the definitions of words used in chapter 5, part 1 of the Bill.
Division 2 Granting and leasing land to the State
Clause 43 states that the Minister may, by instrument (a declaration), declare land in the
Queen's Wharf PDA to be either granted in fee simple to the State under the Land Act (freehold
declaration) or leased to the State under the Land Act (leasehold declaration). The land may
be included in the declaration only if it is unallocated State land, a reserve, lease land held by
the State or a road. This provision includes what details the declaration must include and the
circumstances when the Minister must not include land on the seaward side of a tidal boundary
in a declaration. The Minister may state a purpose for declaring the land even if the purpose is
for conferring rights and interests on a person other than the State. If the Minister considers it
necessary and reasonable, for an interest in land included in a declaration to continue after the
land has been granted or leased under this division, the declaration may identify the ongoing
interest. However, a declaration must not identify an ongoing interest if the Minister believes
it is inconsistent with the purpose of declaring the land as stated in the declaration. A
declaration will be subordinate legislation. The intent of this provision is to streamline the
operation of the provisions of the Land Act for the purpose of granting or leasing land to the
State to facilitate commercial agreements entered into by the State in relation to the project.
Clause 44 applies to a freehold declaration. Governor in Council must grant the land identified
in the declaration in fee simple to the State under the Land Act. For the purposes of the grant,
if the land was not unallocated State land when the declaration was made, the land is taken to
be unallocated State land. The deed of grant issued by the Governor in Council is defined as a
Queen's Wharf deed; land contained in the deed is defined as Queen's Wharf freehold land.
This provision does not affect the operation of section 21 of the Land Act. The intent of this
provision is to streamline the operation of the provisions of the Land Act for the purpose of
granting land to the State to facilitate commercial agreements entered into by the State in
relation to the project.
Clause 45 provides that this section applies to a leasehold declaration. The Land Act Minister
must, under the Land Act, lease the land identified in the declaration to the State. For the
Page 26
Queen's Wharf Brisbane Bill 2015
purpose of the lease, if the land was not unallocated State land when the declaration was made,
the land is taken to be unallocated State land. The provision details the requirements of the
lease. A lease issued by the Land Act Minister under this provision is defined as a Queen's
Wharf headlease, the land the subject of the lease is defined as Queen's Wharf headlease land.
This provision does not affect the operation of section 21 of the Land Act. The intent of this
provision is to streamline the operation of the provisions of the Land Act for the purpose of
leasing land to the State to facilitate commercial agreements entered into by the State in relation
to the project.
Clause 46 provides that a Queen's Wharf deed or a Queen's Wharf headlease takes effect on
registration. The provision details how certain types of tenure that existed prior to registration
are ended on registration. The provision provides a Queen's Wharf deed or a Queen's Wharf
headlease must be subject to any ongoing interest identified in the declaration for the tenure.
The chief executive (land) must record the cancellation of an interest under this section in the
appropriate register. The provision applies despite any requirement that would otherwise apply
under the Land Act regarding the Land Act Minister or chief executive (land) cancelling, or
registering the cancellation of an interest. The intent of this provision is to streamline the
operation of the provisions of the Land Act for the purpose of granting or leasing land to the
State to facilitate commercial agreements entered into by the State in relation to the project.
Clause 47 provides a mechanism for a person that has an interest in land other than an interest
under a services contract for the land, to claim compensation if the interest ends on the
registration of a a Queen's Wharf deed or a Queen's Wharf headlease (under section 46(6)).
The person has the right to claim compensation using the process in the Acquisition of Land
Act 1967. The clause clarifies the application of the Acquisition of Land Act 1967 regarding a
claim for compensation.
Clause 48 provides that this division applies despite any limitations or requirements under
certain sections of the Land Act. It also provides for specific rules affecting the operation of
section 127 of the Land Act dealing with reclaimed land. The intent of this provision is to
streamline the operation of the provisions of the Land Act for the purpose of granting or leasing
land to the State to facilitate commercial agreements entered into by the State in relation to the
project.
Division 3 Dealings on Queen's Wharf headlease land
Clause 49 removes the requirement for the Land Act Minister's approval for granting any
sublease, transferring any sublease or amending any sublease under the Land Act for dealings
in relation to a Queen's Wharf headlease. Additionally, the clause details a number of sections
of the Land Act that do not apply to the subleasing of a Queen's Wharf headlease. It is intended
that these sections apply to any sublease of a Queen's Wharf lease by the State to facilitate the
commercial arrangements for the project, as well as to any sub-sub lease, concurrent sublease
or derivative under-lease.
Clause 50 provides that a person may hold an interest in a sublease of a Queen's Wharf
headlease in trust even if the requirement for the interest to be registered under the Land Act
(section 374A) has not been met. Although, this does not prevent a person registering the
interest as a trustee under the Land Act (section 374A and 375). This provision is intended to
allow a person that holds an interest in trust to register that interest without disclosing the trust
Page 27
Queen's Wharf Brisbane Bill 2015
in a manner similar to that currently provided for in Land Titles Act. If the person wants to
disclose the trust the provisions of s375 need to be complied with.
Clause 51 provides the lessee of a Queen's Wharf headlease or a sublease may grant a
concurrent sublease over all or part of the land. This section has been inserted as the Land Act
does not currently allow for the grant of a concurrent lease.
Clause 52 provides a lessee of a Queen's Wharf headlease or a sublease may grant a licence to
enter and use all or part of the land. This section has been inserted as the Land Act does not
currently allow for the grant of a licence.
Clause 53 removes any doubt the Land Act Minister's approval is not required for the grant of
a concurrent sublease or a Queen's Wharf licence and a concurrent sublease is a sublease that
must be registered under the Land Act (section 335).
Clause 54 provides that the indemnity and insurance conditions set out in schedule 10A (part
1, sections 1 and 2) of the Land Regulation 2009 are conditions of each sublease of a Queen's
Wharf headlease or Queen's Wharf licence. This provision is required because the Land Act
minister's approval is no longer required for these subleases and licences.
Clause 55 provides that the Land Act does not prevent a holding over term in a sublease of a
Queen's Wharf headlease from having effect. A holding over term, in a sublease, means a term
of the sublease providing for the holding over right of the sublessee at the end of the sublease.
Clause 56 states the mediation provisions contained in the Land Act, chapter 6, part 4, division
3A do not apply to a sublease of a Queen's Wharf headlease.
Clause 57 states that this section applies if the affected provision of the Land Act does not
apply to subleasing or a sublease of a Queen's Wharf headlease and an applicable provision of
the Land Act requires compliance with the affected provision in relation to subleasing or the
sublease. A requirement of the applicable provision is taken to have been complied with for
applying the applicable provision and to the extent the affected provision does not apply. The
clause includes an example for subsection 2.
Part 2 Application of Land Title Act
Clause 58 states that this section applies to an instrument of easement in relation to Queen's
Wharf freehold land, for a right of way for the public and in favour of the State. Sections 89(4),
(5) and (6) of the Land Title Act do not apply to the registration of an easement under the Act.
If the easement is not registered under the Land Title Act is taken to be a public thoroughfare
easement under that Act unless section 89(4), (5) and (6) apply. The purpose of this provision
is to enhance public accessibility throughout parts of the QWB precinct not owned by the State
and to ensure that the State is not responsible for the cost of maintain those areas.
Part 3 Application of Property Law Act 1974
Clause 59 provides that section 121 of the Property Law Act will not apply to a Queen's Wharf
lease. This is to ensure that the commercial arrangements contained in the Queen's Wharf
leases with respect to subleasing and assignments are enforceable.
Page 28
Queen's Wharf Brisbane Bill 2015
Part 4 Application of Residential Tenancies and Rooming
Accommodation Act 2008
Clause 60 states that this section applies to a Queen's Wharf lease if the lease is for purposes
which include residential purposes. This clause provides that, for the Residential Tenancies
and Rooming Accommodation Act (section 26(1)), a Queen's Wharf lease for a residential
purpose is taken to have been granted under the authority of this Bill. This is to ensure that
the commercial arrangements contained in the Queen's Wharf leases are enforceable and do
not need to be in the form of a tenancy agreement.
Part 5 Application of Retail Shop Leases Act 1994
Clause 61 applies to a Queen's Wharf lease if the lease is for purposes that include a retail
shop. To remove any doubt, the clause provides that a Queen's Wharf lease for a retail shop
will not be subject to the Retail Shop Leases Act. This is to ensure that the commercial
arrangements contained in the Queen's Wharf leases are enforceable. It also removes the
disclosure obligations which would be inappropriate because the State is not the developer of
the precinct.
Part 6 Application of Transport Infrastructure Act 1994
Clause 62 this section applies to a public thoroughfare easement registered in relation to
Queen's Wharf freehold land and under the Land Title Act (section 89) because of the operation
of section 58. Section 105ZP of the Transport Infrastructure Act does not apply to the public
thoroughfare easement or land affected by the easement. The purpose of this provision is to
enhance public accessibility throughout parts of the QWB precinct not owned by the State and
to ensure that the State is not responsible for the cost of maintaining those areas.
Part 7 Declaration about particular agreements
Clause 63 applies if, the State is party to the agreement, the agreement relates to the
development of land within the Queen's Wharf PDA and the agreement contains a term
entitling the State to keep an amount given to it by another party in the event the agreement is
terminated. The term of the agreement has effect even if it is inconsistent with the common
law, and the amount is not considered a penalty at law. This is to give effect to the commercial
arrangements negotiated by the parties.
Chapter 6 Miscellaneous
Clause 64 provides that the chief executive may approve forms for use under the QWB Act.
This includes the form of the accession deed and deed of cessation.
Clause 65 provides that the Governor in Council may make regulations under the QWB Act
including for the QWB Casino Agreement. The regulation may impose a penalty of no more
than 10 penalty units for contravention of a provision of the regulation.
Chapter 7 Transitional provisions
Page 29
Queen's Wharf Brisbane Bill 2015
Clause 66 provides that a person is taken to have complied with an approval requirement under
chapter 4, part 2, division 1 of the Bill if, before the commencement of the Bill, the Governor
in Council made a determination that the person was suitable to be associated or connected
with the management or operations of the Queen's Wharf casino or complex and the Governor
in Council did not subsequently give the person a direction under clause 37.
However, if the person's voting power or relevant interest has increased since the Governor in
Council's determination that the person is suitable, then the person will only be taken to have
complied with the relevant approval requirement under chapter 4, part 2, division 1 of the Bill
that would have applied had the person's voting power or relevant interest not increased. For
example, if a person was found suitable to hold relevant interests in 11 percent of a class of
non-voting interests in IR HoldCo before the commencement of the Bill, the person would not
need to seek the Governor in Council's prior approval under clause 21(2)(a) of the Bill to
increase their holdings of relevant interests in that class of non-voting interests in IR HoldCo
to 17 percent. However, if the person seeks to increase their holdings relevant interests to 21
percent of that class of non-voting interests in IR HoldCo, the person would need to obtain the
Governor in Council's prior approval under clause 21(2)(b).
Chapter 8 Amendments of Acts
Part 1 Amendment of this Act
Clause 67 provides that chapter 8, part 1 amends the QWB Act.
Clause 68 amends the long title of the QWB Act once it has been assented.
Part 2 Amendment of Brisbane Casino Agreement Act 1992
Clause 69 states that chapter 8, part 2 amends the Brisbane Casino Agreement Act.
Clause 70 amends the definition of 'Brisbane Casino' in section 2 of the Brisbane Casino
Agreement Act to distinguish the Treasury casino from the Queen's Wharf casino given that
both casinos will be located in Brisbane.
Part 3 Amendment of Casino Control Act 1982
Clause 71 states that chapter 8, part 3 amends the Casino Control Act.
Clause 72 amends section 4A of the Casino Control Act to provide that a reference in the
Casino Control Act to the 'operation of a casino' or to a similar expression, is a reference to
'casino operations' in respect of the casino. References to the 'conduct of the operations of a
casino' in the Casino Control Act are also intended to have the same meaning as 'casino
operations'.
Clause 73 amends section 18 of the Casino Control Act to provide that the Governor in Council
may grant a casino licence on conditions. The Governor in Council may condition the casino
licence with or without the casino licensee's agreement. The Governor in Council's decision
to condition the casino licence is final and conclusive. It cannot be challenged or appealed
against.
Page 30
Queen's Wharf Brisbane Bill 2015
Clause 74 amends section 19 of the Casino Control Act to clarify that the agreement that is
required to be entered into prior to the grant of a casino licence may be entered into by the
Minister, for and on behalf of the State, with the casino licensee and/or any other persons whom
the Governor in Council considers to be the appropriate persons to be a party to the agreement.
This amendment has been made because the QWB Casino Agreement is an agreement between
the Minister, for and on behalf of the State, the licensee and four other entities. Clause 74
further amends section 19 to provide that the agreement must identify the casino to be the
subject of the licence or the area in which the casino to be the subject of the licence will be
located, and contain the terms and conditions the Governor in Council thinks appropriate.
Clause 75 amends section 21 of the Casino Control Act by inserting a definition for the term
'lessee' to include a person who has entered into an agreement for the grant of a lease from the
State. The amendment is intended to allow for a casino licence to be issued to a person who
may not yet have been granted a lease from the State of the land to be used for the proposed
hotel-casino complex but has entered into an agreement to lease from the State the land to be
used for the proposed hotel-casino complex.
Clause 76 amends section 22(2)(c) of the Casino Control Act to provide that the casino licence
must specify at least one of the following - the real property or other accurate description, or
the address of the hotel-casino complex site. The requirement for the licence to include both
the real property or other accurate description, and the address of the hotel-casino complex site
is removed because in the case of the proposed Queen's Wharf casino, the actual address of
the site will not yet be known when the casino licence is issued. Accordingly, the real property
or other accurate description will initially be stated on the licence until the actual address is
known. Clause 76 additionally amends section 22(2)(d) of the Casino Control Act to provide
that the licence must specify the boundaries of the casino. The provision also inserts a new
requirement for the casino licence to specify any conditions of the licence.
Further, clause 76 clarifies that a casino licence particular may be varied if the casino agreement
provides for a variation of the licence particular to occur. For example, clause 3.2 of the QWB
Casino Agreement enables the casino licensee to vary the address of the integrated resort with
the prior written approval of the Minister. If the casino licensee obtains the Minister's approval
to vary the address of the integrated resort under the QWB Casino Agreement, the QWB Casino
Agreement permits the casino licence to be amended under clause 76 to reflect the new address.
In some cases however, a casino agreement may not provide for a variation to the boundaries
of the casino. This is for example, the case with the Jupiters Casino Agreement. In these
instances, the casino licensee may still seek a variation to the licence to reflect a change to the
boundaries of the casino but only with the Minister's agreement.
Clause 77 amends section 30(1)(a) of the Casino Control Act to allow the Minister to undertake
investigations concerning the continued suitability of the casino licensee and other relevant
persons at any time after the casino agreement has been entered into and while the casino
agreement, or the casino licence in relation to the agreement, is in force. The amendment is
intended to allow the Minister to undertake investigations during any period which may exist
between when the casino agreement is entered into and when the casino licence is granted.
Clause 78 amends section 31(1) of the Casino Control Act by inserting a new section 31(1)(ba)
which provides that a contravention of a condition of a casino licence is ground for cancelling
or suspending the casino licence.
Page 31
Queen's Wharf Brisbane Bill 2015
Clause 79 amends section 51 of the Casino Control Act by inserting a new provision which
removes any barriers to the payment of compensation by the State, under an express provision
of a casino agreement or another agreement, to the casino licensee as a result of a change to
the casino tax rates.
Clause 80 amends sections 59 and 60 of the Casino Control Act to remove the requirement for
the casino operator to submit for approval a floor plan which indicates the placement of gaming
tables, count rooms, cages and other associated facilities; and a diagram of the closed-circuit
television (CCTV) system which indicates camera positions as they relate to the floor plan.
Instead, the casino operator will only be required to give the chief executive a floor plan which
indicates the placement of gaming tables and gaming machines in areas to be used for gaming,
and other areas to be used for casino operations, and a CCTV system diagram for the areas
before commencing casino operations or making a proposed change affecting the accuracy of
the floor plan or CCTV system diagram.
Clause 81 amends section 62(3) of the Casino Control Act to clarify that a person must not
possess, maintain or exhibit any gaming equipment in a gaming area in a casino or bring into
or remove from a gaming area in a casino any gaming equipment without complying with the
requirements outlined in section 62(3)(a) to (e) of the Casino Control Act.
Clause 82 amends section 66 of the Casino Control Act by inserting a new section 66(1A) to
remove the prohibition on a casino operator and an agent or employee of a casino operator
from providing credit to non-Queensland resident junket participants for gaming purposes.
Clause 83 amends section 67 of the Casino Control Act by inserting a new section 67(2C) to
remove the prohibition on a casino operator from allowing a non-Queensland resident junket
participant from making a deposit into their player account by credit card. Clause 83 also
amends section 67 of the Casino Control Act by inserting a new section 67(5) to clarify that
nothing in section 67 prevents a casino operator from allowing a person to use a debit card to
deposit an amount into the person's player account.
Clause 84 amends sections 87(a) and 87(b) of the Casino Control Act to clarify that inspectors
may at any time enter, be and remain on the premises of a casino for the purpose of viewing
casino operations and viewing a video recording of casino operations.
Clause 85 inserts a new Division 10 in Part 11 of the Casino Control Act which provides that
for interpreting section 19(1)(a)(i) and (ii) of the Casino Control Act as it was in force before
the commencement, the amendment of section 19 by the QWB Act must be disregarded.
Clause 86 inserts new definitions for the terms 'casino', 'casino operations', 'gaming area',
and 'hotel-casino complex' in the schedule dictionary of the Casino Control Act. Clause 86
amends the definition of 'junket agreement' such that the definition is not limited to Part 8,
Division 2 of the Casino Control Act.
Part 4 Amendment of Economic Development Act 2012
Clause 87 states that this part amends the Economic Development Act.
Page 32
Queen's Wharf Brisbane Bill 2015
Clause 88 is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act. This particular provision refers to achieving a main purpose of the Act with respect
to facilitating economic development and development for community purposes 'for' PDAs,
as well as 'in' PDAs.
Clause 89 is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act. This particular provision refers to MEDQ's functions in relation to planning for, and
developing and managing 'land, in or for' PDAs.
Clause 90 amends the definitions of PDA assessable development and PDA self-assessable
development, to respectively incorporate PDA-associated development that may be either
identified in a relevant development instrument, or declared by MEDQ under new section 40C.
In addition, the clause amends the default definition of PDA exempt development to ensure it
is clear that the term excludes PDA assessable development and PDA self-assessable
development which is PDA-associated development for a PDA, as well as those types of
development in a PDA.
Clause 91 amends the section requiring a land use plan for provisional PDAs in three ways.
The first is to insert a reference to new section 57(3A) which provides for a land use plan to
identify the type of assessment applicable to PDA-associated development, so that a
provisional plan may identify PDA-associated development in the same way. The second
amendment ensures that the public notification provisions apply to PDA-associated
development of a certain kind, as well as to development of the same kind to be carried out
within a PDA. The third amendment is one of a series of amendments in the Act that deletes
words such as 'in the area' referring to inside the PDA, to ensure PDA-associated development,
which is to be carried out on land outside a PDA, is accommodated by the Act.
Clause 92 amends section 38 to insert a reference to a new section 57(3A) which provides for
a land use plan to identify the type of assessment applicable to PDA-associated development,
so that an interim land use plan may do the same things. Refer to clause 99 which amends
section 57.
Clause 93 inserts a new division that establishes a process for MEDQ to declare PDA-
associated development. The new section 40A clarifies two aspects about the application of
the division. Firstly, the division applies to development to be carried out other than entirely
within a PDA. Accordingly, PDA-associated development may only be located entirely on land
outside the PDA. In the case where a proposal for development straddles a PDA boundary,
only that component external to the PDA could be declared as PDA-associated development.
The balance of the development to be carried out inside the PDA would be subject to the usual
provisions of the Economic Development Act and relevant development instruments.
Secondly, the new section 40A clarifies that the division only applies to PDA-associated
development declared by MEDQ. The alternative way that PDA-associated development may
be identified and regulated is through the land use plan for the relevant PDA. Refer to clause
99 that amends section 57(3) and inserts a new subsection (3A). Readers are alerted to section
57(3) and (3A) by a note.
Page 33
Queen's Wharf Brisbane Bill 2015
A new section 40B, inserted by clause 93, establishes the nature of consultation required before
PDA-associated development is declared. These requirements are the same as those that
currently apply before preparing a proposed development scheme (section 58), and refer to
each local government (should the development straddle more than one area), and to others
that are likely to be affected by the declaration, including a government entity or government
owned corporation. The form of consultation is as MEDQ considers appropriate.
A new section 40C, inserted by clause 93, specifies that MEDQ may, by instrument (a
declaration), declare development to be PDA-associated development for a PDA (section
40C(1)), and describes the matters that must be considered by MEDQ in making a declaration
(section 40C(2)). Firstly, under section 40C(2)(a), similar to declarations for provisional PDAs
(see section 34) and other PDAs (see section 37), MEDQ must be satisfied that if the
declaration were not made so that the Sustainable Planning Act applied to the proposed
development, delivery is likely to be adversely affected. This recognises one of the main
purposes of the Economic Development Act which is to provide a streamlined planning and
development framework (see section 4).
The new section 40C(2)(b) addresses the nature of the proposed development and requires that
MEDQ also be satisfied that development does one of the following: mitigates the impact of
any development within the associated PDA; provides infrastructure for the PDA; or consistent
with the development scheme for the PDA, promotes the proper and orderly planning,
development and management of the PDA (section 57(1) relates); or, lastly, satisfies another
requirement prescribed by regulation.
The new section 40C(3) states a further factor influencing the declaration by the MEDQ. The
declaration must not compromise the implementation of the relevant development instrument
applying to the PDA. This is intended to protect the high order planning outcomes intended
for the PDA.
The new section 40C(4) refers to a complementary requirement of a declaration which is to
identify the type of assessment that is applicable to the PDA-associated development. MEDQ
must decide whether the development is PDA assessable development, PDA self-assessable
development or PDA exempt development. In addition, if the development is PDA self-
assessable, the requirements for carrying out the development must be specified. Allowing the
full range of assessment types allows MEDQ to tailor the assessment type to the nature and
scale of the proposed development, and the level of detail specified in supporting plans and
documents.
A note for the section refers to section 84 that requires public notification of PDA-associated
development declared by MEDQ if it is PDA assessable. As the proposed development has
not been included in earlier public notification of the development scheme for the PDA,
notification of the development application provides the opportunity for consideration of any
public submissions before deciding an application for the development.
The new section 40D, inserted by clause 93, states the essential information that is to be
included in a declaration of PDA-associated development: the PDA the development is for, a
description of the subject land (e.g. real property description, coordinates), and a description
of the proposed development, including plans and supporting information. Further information
may also be specified by regulation. This information ensures clarity about the nature and
location of the proposed development.
Page 34
Queen's Wharf Brisbane Bill 2015
Complementary to the new section 40D prescribing the content of a declaration, the new
section 40E establishes requirements for distributing a copy of the declaration. The declaration
is required to be publicly available on the department's website, and copies sent to each local
government (should the development straddle more than one area), the land owner and to each
government entity or government owned corporation consulted before making the declaration.
Amendment to section 172 (clause 114) also ensures that declarations are included in the
registers MEDQ must keep.
Clause 94 amends section 42 to insert an additional consideration for the Minister before
recommending a revocation or reduction of a PDA. The Minister is required to consider how
any PDA-associated development for that PDA should be dealt with, and the extent it should
be provided for in the relevant local government's planning instrument.
Clause 95 amends the application of section 48 that deals with the conversion of PDA approvals
to Sustainable Planning Act approvals when land ceases to be included in a PDA. The
amendment provides for PDA approvals for PDA-associated development to also be covered
in the situation where all the land ceases to be in the PDA, ie. the entire PDA is revoked.
Another amendment to subsection (2) deletes 'for the land' referring to the land in the PDA,
and is one of a series of minor amendments to ensure PDA-associated development which is
to be carried out on land outside a PDA, is accommodated by the Act.
Clause 96 amends the application of section 49 that provides for outstanding PDA development
applications to continue to be decided under the Economic Development Act when land ceases
to be included in a PDA. The amendment provides for PDA development applications for
PDA-associated development to be covered by the section where all the land ceases to be in
the PDA, ie. the entire PDA is revoked.
Clause 97 amends the application of section 50 with respect to the assessing authority for
converted Sustainable Planning Act development approvals. The amendment provides for
approvals resulting from PDA-associated development.
Clause 98 inserts a new section 51A to recognise lawful uses that result from PDA-associated
development as also being lawful under any other Act.
Clause 99 amends section 57 in 4 ways. The first amendment inserts a new paragraph into
subsection (3) to provide for development schemes to identify development as PDA-associated
development. The second amendment deletes the words 'in the area' in the paragraph of
subsection (3) dealing with public notification of PDA assessable development. This allows
the provision to also apply to PDA-associated development to be carried out on land outside
the PDA. The third amendment renumbers paragraphs in subsection (3) following insertion of
the new paragraph. The fourth amendment inserts a new subsection that states the details about
the PDA-associated development to be included in the land use plan: the type of assessment
(assessable or self-assessable, including the development requirements if self-assessable
development); a description of the subject land (e.g. real property description, coordinates);
and a description of the proposed development, including plans and supporting information.
These requirements are equivalent to those specified for a declaration of PDA-associated
development by MEDQ in new sections 40C(4) and 40D.
Page 35
Queen's Wharf Brisbane Bill 2015
Clause 100 is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act. This amendment inserts 'or for' into the heading of chapter 3, part 4 to cover
development and uses 'for' PDAs, as well as 'in' PDAs.
Clause 101 is one of a series of minor amendments to ensure PDA-associated development is
accommodated by the Act. This amendment deletes 'in a priority development area' from
section 73(1) providing for the provision to apply to PDA assessable development whether
carried out in a PDA or on land outside a PDA if PDA-associated development.
Clause 102 amends section 74 of the Economic Development Act in two ways. Firstly, it
changes the heading to remove the reference to 'relevant development instrument' and the
specific location of the applicable requirements for carrying out self-assessable development.
The second amendment introduces a new paragraph to separately refer to PDA-associated
development declared by MEDQ. For self-assessable development that is PDA-associated
development identified in the development scheme, the requirements will be located in the
development scheme.
Clause 103 is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act. This amendment inserts 'or premises subject to PDA-associated development for a
priority development area' into section 76 to cover the lawful use of premises under the
Economic Development Act, whether the premises are located within or outside the PDA.
Clause 104 inserts a replacement section 78(1) to describe the lawful uses that the section
applies to. It is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act. This amendment recognises that making a material change of use of premises is one
type of development (see section 33(2)(a)) and that a use is the consequence of that change. If
that use is lawful it is protected from the effects of later development instruments whether it is
located in the PDA or is the consequence of PDA-associated development to be carried out on
land outside the PDA.
Clause 105 inserts a replacement section 80(1)(a) to describe the Sustainable Planning Act
development approvals and PDA development approvals that the section applies to. It is one
of a series of minor amendments to ensure PDA-associated development, which is development
for a PDA to be carried out on land outside a PDA, is accommodated by the Act. This
amendment deletes 'for premises in a priority development area' for a PDA approval
recognising that a PDA development approval is not limited to premises in a PDA.
Clause 106 inserts a new paragraph in section 84(1) identifying the circumstances when the
section applies requiring public notification of a development application. The new
circumstance identified is when PDA assessable development is PDA-associated development
declared by MEDQ under section 40C(1). For PDA-associated development identified in the
development scheme under section 57, public notification may be determined in the same way
as other development in the scheme, either as a requirement of the scheme or by MEDQ
through notice to the applicant. The amendment also renumbers the new and subsequent
paragraphs in the subsection.
Page 36
Queen's Wharf Brisbane Bill 2015
Clause 107 inserts a new section 86(2A) that recognises that if PDA-associated development
has been declared subsequent to preparation of the development scheme, the development
scheme may not have specifically identified the development or included adequate provisions
for its assessment. Accordingly, it is clarified that in that situation PDA-associated
development is not inconsistent with the development scheme only for that reason. The
applicability of the development scheme to PDA-associated development is addressed in
section 87. Section 87 also provides for any inadequacy of the development scheme to be
complemented by consideration of other relevant instruments in assessing the application.
Clause 108 amends section 87 to insert new references to PDA-associated development so that
the provisions for the consideration of planning instruments in deciding a PDA development
application is the same for both development in the PDA and PDA-associated development
carried out on land outside the PDA. A further amendment also inserts a new subsection (2A)
addressing PDA-associated development specifically. This provides for MEDQ to also
consider any other appropriate planning instrument, plan, policy or code that would have
otherwise applied if the development had not been made PDA-assessable, giving such weight
to it as MEDQ considers appropriate. The provision is also qualified by reference to section
86.
Clause 109 amends the section to clarify which covenants under the Land Title Act and Land
Act are being referred to by inserting the relevant sections numbers of the Acts. This is
consistent with equivalent provision section 87 in Sustainable Planning Act.
Clause 110 inserts the words, 'and PDA associated development' into the heading of chapter
3, part 8. It is one of a series of minor amendments to ensure PDA-associated development,
which is development for a PDA to be carried out on land outside a PDA, is accommodated by
the Act.
Clause 111 amends section 123(1) which states the applicability of the section so that it also
covers MEDQ's entry powers for land or a structure the subject of PDA-associated
development. It is one of a series of minor amendments to ensure PDA-associated
development, which is development for a PDA to be carried out on land outside a PDA, is
accommodated by the Act.
Clause 112 amends section 124(1), which states the applicability of the section, so that it also
covers PDA-associated development. It is one of a series of minor amendments to ensure PDA-
associated development, which is development for a PDA to be carried out on land outside a
PDA, is accommodated by the Act.
Clause 113 deletes the words 'in a priority development area' from section 126(1) which states
the applicability of the section. It is one of a series of minor amendments to ensure PDA-
associated development, which is development for a PDA to be carried out on land outside a
PDA, is accommodated by the Act.
Clause 114 amends section 172 to insert a new requirement for information about PDA-
associated development to also be included in the registers kept by MEDQ. The information
to be included in a register includes a description of the development, including plans and
supporting documentation, whether the development was declared by MEDQ under section
40C(1) or identified in the relevant development instrument for the area, and a description of
the land. In addition, the clause also inserts a new requirement for the declarations made by
Page 37
Queen's Wharf Brisbane Bill 2015
MEDQ under section 40C(1) to be included in a register. Existing subsection (4) requires that
the documents included in the registers must also be published on the department's website.
The amendment ensures that anyone can readily identify PDA-associated development and
access details about the development, including its nature and specific location.
Clause 115 amends the heading of chapter 6 to refer to the Act being amended.
Clause 116 inserts a new chapter 7 containing transitional provisions relevant to the Bill. New
section 217 provides a definition of 'amended' to clarify that it means the provision as amended
by the Queen's Wharf Brisbane Act.
New section 218 provides that new provisions in chapter 3 related to PDA-associated
development apply to development only if it substantially starts on or after the commencement
of the provisions.
New section 219 provides that the amendment to section 103 (Restriction on particular land
covenants) inserting the applicable provisions of the Land Title Act and Land Act applies to
PDAs existing at commencement of the amendment, as well as those that came into existence
later.
Clause 117 inserts a new definition of 'PDA-associated development' in the dictionary at
schedule 1. The definition refers to the development being other than development to be carried
out entirely within the PDA, and identifies the two ways that it is identified, either by
declaration by MEDQ under section 40C(1) or by identification in the relevant development
instrument for the PDA.
Part 5 Amendment of Liquor Act 1992
Clause 118 states that chapter 8, part 5 amends the Liquor Act.
Clause 119 amends section 9(1A)(c) of the Liquor Act to clarify that the ordinary trading hours
of 10am to 12 midnight do not apply to premises to which a commercial special facility licence
for an airport or a casino relates. It also amends section 9(1B) of the Liquor Act to clarify that
the ordinary trading hours of a licensed premises to which a commercial special facility licence
for an airport or a casino relates are between 5am to 12 midnight. Clause 119 additionally
makes a minor technical amendment to section 9(5) of the Liquor Act.
Clause 120 makes minor amendments to section 142AA(2)(a) of the Liquor Act to clarify that
the lockout provisions do not apply to licensed premises to which a commercial special facility
licence for a casino relates.
Part 6 Amendment of South Bank Corporation Act 1989
Clause 121 provides that this part amends the South Bank Corporation Act.
Clause 122 amends the definition of assessable development at section 4 of the South Bank
Corporation Act to specifically exclude both development carried out in a PDA, and PDA-
associated development for a PDA. Currently, the definition excludes assessable development
and self-assessable development under Sustainable Planning Act, 232(1) which refers to
Page 38
Queen's Wharf Brisbane Bill 2015
development identified under Sustainable Planning Regulation, schedule 3. 'PDA-related
development' is excluded from being self-assessable or assessable development under the
regulation. This has an unintended consequence of making PDA-related development
assessable under the South Bank Corporation Act. This is inconsistent with the intent of the
South Bank Corporation Act to make development that is assessable under the Sustainable
Planning Regulation exempt from assessment in the South Bank Corporation Area. It is also
inconsistent with the way PDA-related development is treated in other jurisdictions. The effect
of the amendment is to facilitate and streamline development assessment involving land in the
South Bank Corporation Area. In a complementary amendment to the Sustainable Planning
Regulation, the definition of PDA-related development will similarly be changed to refer to
PDA-associated development.
Part 7 Amendment of South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009
Clause 123 provides that this part amends the South-East Queensland Water (Distribution and
Retail Restructuring) Act.
Clause 124 amends section 99BRAT which provides that while a water connection cannot be
assessed or authorised under a local law or other law of a State, this does not apply for a
connection in a PDA under the Economic Development Act. The amendment provides for
connections that are PDA-associated development to be dealt with in the same way as
connections in a PDA.
Schedule 1 Proposed agreement for casino
Schedule 1 inserts a copy of the proposed Queen's Wharf Casino Agreement.
Schedule 2 Dictionary
Schedule 2 defines various terms used throughout the Bill.
©The State of Queensland 2015
Page 39