ECONOMIC DEVELOPMENT ACT 2012 NO. 43

Queensland Numbered Acts

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ECONOMIC DEVELOPMENT ACT 2012 NO. 43

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY
Part 1--Introduction

1. Short title
2. Commencement
3. Main purpose of Act
4. How main purpose is primarily achieved
5. Act binds all persons
Part 2--Interpretation
6. Definitions
7. Application of provisions

CHAPTER 2--MINISTER FOR ECONOMIC DEVELOPMENT QUEENSLAND
Part 1--Establishment

8. Establishment of Minister for Economic Development Queensland
9. MEDQ represents the State
10. Legal capacity
11. Application of other Acts
12. MEDQ declared to be excluded matter
Part 2--Functions
13. MEDQ's functions
Part 3--Matters about dealing in land or other property, or the provision of infrastructure
Division 1--General
14. Purpose of pt 3
15. MEDQ to act commercially
Division 2--Dealing in land or other property
16. What power to deal in land or other property includes
17. Dealing in land or other property generally
18. Selling surplus property
19. Conditional disposal of land or other property
Division 3--Provision of infrastructure
20. Construction of roads
Division 4--Financial arrangements
21. Entering into financial arrangements
22. Holding land or other property obtained as security
Division 5--Other functions and powers
23. Arrangements for facilitating economic development or development for community purposes
24. Research
Part 4--Economic Development Fund
25. Economic Development Fund
26. Payments of amounts into the Fund
27. Payment of amounts from the Fund
28. Administration of the Fund
Part 5--Staffing arrangements and identity cards
29. Staffing arrangements
30. Issue of identity card for particular employees and agents
31. Production or display of identity card
32. Return of identity card

CHAPTER 3--PLANNING AND DEVELOPMENT
Part 1--Preliminary

33. Development and its types
Part 2--Priority development areas
Division 1--Declaration of provisional priority development areas and provisional land use plans
34. Declaration
35. Provisional land use plan required for provisional priority development area
36. Tabling and inspection of documents adopted in declaration regulation
Division 2--Declaration of other priority development areas and interim land use plans
37. Declaration
38. Interim land use plan required
39. Expiry of interim land use plan
40. Tabling and inspection of documents adopted in declaration regulation
Division 3--Cessation of priority development areas
41. Cessation of provisional priority development area
42. Revocation or reduction of priority development area
43. Interim local laws
Division 4--Relationship with Sustainable Planning Act
Subdivision 1--Effect of declaration of priority development areas
44. Existing SPA development applications
45. Existing SPA development approvals
46. Special provision for Northshore Hamilton urban development area
47. Community infrastructure designations
Subdivision 2--Effect of cessation of priority development areas
48. Conversion of PDA development approval to SPA development approval
49. Outstanding PDA development applications
50. Provisions for converted SPA development approval
51. Lawful uses in priority development area
Division 5--Miscellaneous provisions
52. Exchange of documents and information with other entities with planning or registration functions
53. Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009
54. By-laws
Part 3--Development schemes
Division 1--Making development schemes
55. Application of div 1
56. Development scheme required
57. Content of development scheme
58. Preparation of proposed development scheme
59. Public notification
60. Submissions on proposed scheme
61. Consideration of submissions
62. Amendment of proposed scheme
63. Making of scheme
64. When proposed scheme takes effect
65. Notice of development scheme
Division 2--Amendment of development schemes
66. Power to amend
67. Division 1 process applies to particular amendments
68. When amendment takes effect
69. Notice of amendment
Division 3--Miscellaneous provisions
70. Tabling and inspection requirement
71. Development scheme prevails over particular instruments
Part 4--Development and uses in priority development areas
Division 1--PDA development offences
72. Application of div 1
73. Carrying out PDA assessable development without PDA development permit
74. PDA self-assessable development must comply with relevant development instrument
75. Compliance with PDA development approval
76. Offence about use of premises
Division 2--Protection of particular uses and rights
77. Exemption for particular SPA development approvals and community infrastructure designations
78. Lawful uses of premises protected
79. Lawfully constructed buildings and works protected
80. Amendment of relevant development instrument does not affect existing SPA or PDA development approval
81. Development or use carried out in emergency
Division 3--PDA development applications
Subdivision 1--Making application
82. How to make application
Subdivision 2--Processing application
83. Information requests to applicant
84. Notice of application
85. Deciding application generally
86. Restrictions on granting approval
87. Matters to be considered in making decision
88. PDA development conditions
89. Decision notice
Subdivision 3--Appeals
90. Right of appeal against particular conditions
Subdivision 4--Miscellaneous provisions
91. Approved material change of use required for particular developments
92. Changing application
93. Withdrawing application
Division 4--PDA development approvals
94. Types of PDA development approvals
95. Duration of approval
96. Approval attaches to the relevant land
97. Provision for enforcement of PDA development conditions
98. Cancellation
99. Application to change PDA development approval
100. When approval lapses generally
101. Application to extend currency period
102. Deciding extension application
Division 5--Miscellaneous provisions
103. Restriction on particular land covenants
104. Plans of subdivision
Part 5--Court orders for PDA development offences etc.
Division 1--Enforcement orders
105. Starting proceeding for enforcement order
106. Making interim enforcement order
107. Making enforcement order
108. Effect of enforcement order
109. Powers about enforcement orders
110. Offence to contravene enforcement order
Division 2--Magistrates Court orders
111. Orders Magistrates Court may make in PDA offence proceeding
112. Offence to contravene Magistrates Court order
Division 3--Other provisions relating to court orders or proceedings
113. MEDQ's power to remedy stated public nuisance
114. Planning and Environment Court may make declarations
Part 6--Special rates and charges
115. Levying special rates or charges
116. Application of special rate or charge
117. Recovery of special rate or charge
Part 7--Infrastructure agreements relating to land that is or was in a priority development area
118. Application of pt 7
119. Exercise of discretion unaffected by infrastructure agreements
120. Infrastructure agreements prevail if inconsistent with PDA development approval
121. Infrastructure agreement continues beyond cessation of priority development area
122. Consultation with public sector entities before entering into particular infrastructure agreements
Part 8--MEDQ's powers relating to priority development areas
123. Application of local government entry powers for MEDQ's functions or powers
124. Roads and road closures
125. Vesting land in permanently closed road or unallocated State land in MEDQ
126. Giving information about roads to relevant local government
127. Direction to government entity or local government to accept transfer
128. Direction to government entity or local government to provide or maintain infrastructure
Part 9--Fees
129. Application fees

CHAPTER 4--ESTABLISHMENT ETC. OF OTHER ENTITIES
Part 1--Economic Development Board
Division 1--Establishment and functions

130. Establishment
131. Board's functions
Division 2--Membership
132. Membership of the board
133. Chairperson and deputy chairperson
134. Terms and conditions of appointment etc.
135. Disclosure of interests
Division 3--Meetings and other business of the board
136. Conduct of business
137. Times and places of meetings
138. Quorum
139. Attendance by proxy
140. Presiding at meetings
141. Conduct of meetings
142. Decisions outside meetings
143. Minutes and record of decisions
Part 2--Commonwealth Games Infrastructure Authority
Division 1--Establishment and functions
144. Establishment of authority
145. Authority's functions
Division 2--Membership
146. Membership of the authority
147. Chairperson and deputy chairperson
148. Terms and conditions of appointment etc.
149. Disclosure of interests
Division 3--Meetings and other business of the authority
150. Conduct of business
151. Times and places of meetings
152. Quorum
153. Attendance by proxy
154. Presiding at meetings
155. Conduct of meetings
156. Decisions outside meetings
157. Minutes and record of decisions
Part 3--Local representative committees
158. Establishment
159. Functions
Part 4--Provisions applying to members
160. Report about person's criminal history for particular appointments
161. Duty to act honestly and exercise care and diligence
162. MEDQ may bring proceedings

CHAPTER 5--GENERAL
Part 1--Other offences

163. Privacy
164. Liability of executive officer for particular offences committed by corporation
165. Giving MEDQ a false or misleading document
Part 2--Proceedings
166. Proceedings for offences
167. Limitation on time for starting proceeding for summary offence
168. Evidentiary aids
Part 3--Provisions about performance of functions etc. under this Act
169. Delegations
170. MEDQ may give directions
171. Protection from civil liability
Part 4--Other administrative matters
172. Registers
173. Access to registers
174. Matters to be included in department's annual report
175. Approved forms
176. Regulation-making power

CHAPTER 6--TRANSITIONAL PROVISIONS AND REPEALS
Part 1--Preliminary

177. Definitions for ch 6
Part 2--Abolition of former entities and transfer of their assets etc.
178. Abolition of former entity etc.
179. Employees of former ULDA to be employed by department
180. MEDQ is legal successor
181. Assets and liabilities etc. of a former entity
182. Proceeding not yet started by or against a former entity
183. Proceeding to which a former entity was a party
184. Records of former entity
185. References to former entity and former entity's website
186. Amounts in Estates Construction Fund at the commencement
187. Annual reporting
188. Offences relating to former entity
189. Other things done by former entity
Part 3--Existing urban development areas
190. Existing urban development areas
191. Existing interim land use plans for transitioned UDAs
192. MEDQ must make development scheme for transitioned UDA
193. Existing development schemes for transitioned UDAs
194. Application of this Act to transitioned UDAs
195. Relationship with Sustainable Planning Act
196. Regulation about transitioned UDAs
Part 4--Provisions about cessation of an urban development area
197. Particular provisions about land or premises that were in urban development area
Part 5--Development and uses in existing urban development areas
198. Existing UDA development applications
199. Appeals against existing decisions on UDA development applications
200. Ministerial call in for existing decisions on UDA development applications not started at the commencement
201. Ministerial call in for existing decisions on UDA development applications started but not finished at the commencement
202. Existing UDA development approvals
203. Existing applications to extend currency period
204. Plans of subdivision requiring former ULDA's approval
205. Special provision for Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012
Part 6--Proceedings and related matters
206. Starting proceeding for enforcement order for offence committed before the commencement
207. Existing proceeding for enforcement order
208. Existing enforcement order
209. Proceedings for offence committed before commencement
210. Existing Magistrates Court order
211. MEDQ's power to recover cost of works to remedy stated public nuisance
212. Existing proceedings for declaration
Part 7--Other transitional provisions
213. Existing directions to government entity or local government to accept transfer
214. Existing directions to government entity or local government to provide or maintain infrastructure
215. Transitional regulation-making power
Part 8--Repeals
216. Repeals

CHAPTER 7--CONSEQUENTIAL AMENDMENTS FOR THIS ACT
Part 1--Amendment of this Act

217. Act amended
218. Amendment of long title
219. Amendment of s 6 (Definitions)
220. Renumbering of sch 3 (Dictionary)
Part 2--Amendment of other Acts
221. Acts amended in sch 1

CHAPTER 8--AMENDMENTS OF OTHER ACTS
Part 1--Amendment of Disaster Management Act 2003

222. Act amended
223. Amendment of s 11 (Definitions)
224. Insertion of new ss 86A–86C
225. Amendment of s 113 (Definition for pt 10)
226. Amendment of s 142 (Chief executive to insure particular persons)
227. Amendment of sch (Dictionary)
Part 2--Amendment of Environmental Protection Act 1994
228. Act amended
229. Amendment of s 73C (Adding, changing or cancelling a development condition)
230. Amendment of s 292 (Other amendments)
231. Amendment of s 312E (Other amendments)
232. Insertion of new ch 7, pt 4A
233. Insertion of new ss 466A and 466B
234. Amendment of s 467 (Emergency powers)
235. Omission of s 468 (Authorised person may direct emergency release of contaminant)
236. Amendment of s 478 (Failure to comply with authorised person's direction in emergency)
237. Omission of s 479 (Offences in relation to release of contaminant in emergency)
238. Amendment of s 520 (Dissatisfied person)
239. Amendment of s 540 (Required registers)
240. Amendment of sch 2 (Original decisions)
241. Amendment of sch 4 (Dictionary)
Part 3--Amendment of Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012
242. Act amended
243. Amendment of s 8 (Insertion of new chs 5 and 5A)
244. Insertion of new ss 24A–24C
245. Amendment of s 40 (Amendment of s 520 (Dissatisfied person))
246. Amendment of s 47 (Replacement of ss 540 and 541)
247. Amendment of s 61 (Amendment of sch 2 (Original decisions))
248. Amendment of s 62 (Amendment of sch 4 (Dictionary))
Part 4--Amendment of Queensland Reconstruction Authority Act 2011
249. Act amended
250. Amendment of s 139 (Expiry)
Part 5--Amendment of South Bank Corporation Act 1989
251. Act amended
252. Amendment of s 3 (Definitions)
253. Amendment of s 10 (Composition of board)
254. Amendment of s 18 (Riverside parkland)
255. Amendment of s 25 (Functions)
256. Amendment of s 26 (Powers in relation to land)
257. Amendment of s 27 (Agreement with public agencies)
258. Amendment of s 49 (Definitions for part)
259. Amendment of s 55 (Applying for a development approval)
260. Amendment of s 56 (Changing an application)
261. Amendment of s 57 (Withdrawing an application)
262. Amendment of s 58 (Information requests to applicant)
263. Amendment of s 59 (Applicant responds to any information request)
264. Amendment of s 60 (Deciding the application generally)
265. Amendment of s 61 (Decision notice)
266. Amendment of s 62 (Conditions must be relevant or reasonable)
267. Amendment of s 63 (Particular approvals to be recorded on planning scheme)
268. Amendment of s 66 (When development approval lapses)
269. Amendment of s 67 (Request to extend currency period)
270. Amendment of s 68 (Deciding request to extend currency period)
271. Amendment of s 70 (Request to change or cancel development approval)
272. Amendment of s 71 (Deciding request to change or cancel development approvals)
273. Amendment of s 76 (Development or use carried out in emergency)
274. Amendment of s 80 (Approved forms)
275. Amendment of s 83 (Power to exclude persons causing public nuisance)
276. Amendment of s 86 (Court may exclude person from the site)
277. Amendment of s 108 (Security officers)
278. Amendment of s 110 (Issue of identity card)
279. Amendment of s 113 (Resignation)
280. Amendment of s 114 (Return of identity card)
281. Insertion of new pt 11, div 7
282. Amendment of sch 6 (Provisions not to apply after development completion date)
283. Amendment of sch 15 (Commercial precinct)
Part 6--Amendment of State Development and Public Works Organisation Act 1971
284. Act amended
285. Amendment of s 10 (Functions and duties of Coordinator-General)
286. Amendment of s 24 (Definitions for pt 4)
287. Amendment of s 25A (Fees for pt 4)
288. Replacement of s 27 (Matters Coordinator-General considers before making declaration)
289. Amendment of s 27AB (Requirements for application)
290. Insertion of new s 27ABA
291. Amendment of s 27AC (Deciding application)
292. Insertion of new ss 27AE and 27AF
293. Amendment of s 27A (Lapsing of declaration)
294. Replacement of s 28 (Application of divs 3–6)
295. Amendment of s 29 (Notice of requirement for EIS and of draft terms of reference)
296. Amendment of s 30 (Finalising terms of reference)
297. Amendment of s 32 (Preparation of EIS)
298. Amendment of s 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report)
299. Amendment of s 35A (Lapsing of Coordinator-General's report)
300. Insertion of new pt 4, div 3A, sdiv 1, hdg
301. Insertion of new pt 4, div 3A, sdiv 2
302. Amendment of s 39 (Application of Coordinator-General's report to IDAS)
303. Amendment of s 76D (Definitions for pt 5A)
304. Amendment of s 76L (When step in notice may be given)
305. Amendment of s 82 (Acquisition of land in State development area)
306. Amendment of s 83 (Disposal of land in State development area)
307. Amendment of s 84 (Use of land under approved development scheme)
308. Insertion of new ss 84AA and 84AB
309. Amendment of s 125 (Power of Coordinator-General to take land)
310. Omission of s 126 (Ensuring reasonable steps are taken to acquire land by agreement)
311. Amendment of s 130 (Payment of costs of taking land and compensation)
312. Replacement of pt 6, div 6A and pt 6, div 7, hdg
313. Amendment of s 141 (Purpose of div 7)
314. Insertion of new pt 6, div 7, sdivs 2–4
315. Insertion of new s 157OA
316. Amendment of s 173 (Regulation-making power)
317. Replacement of s 174 (Coordinator-General must make guidelines)
318. Replacement of s 175 (Annual report)
319. Insertion of new pt 9, div 5
320. Omission of schs 1 and 1A
321. Insertion of new sch 1B
322. Amendment of sch 2 (Dictionary)
Part 7--Amendment of Water Supply (Safety and Reliability) Act 2008
323. Act amended
324. Amendment of sch 3 (Dictionary)
Part 8--Amendment of other Acts
325. Acts amended in sch 2
SCHEDULE 1 -- CONSEQUENTIAL AMENDMENTS FOR THIS ACT

SCHEDULE 2 -- CONSEQUENTIAL AMENDMENTS FOR ACTS AMENDED IN CHAPTER 8
SCHEDULE 3 -- DICTIONARY

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