Queensland Numbered Acts

PLANNING ACT 2016 - SECT 150

150 Obligation to negotiate in good faith

(1) This section applies if—

(a) a public sector entity proposes to another entity that they enter into an infrastructure agreement; or

(b) another entity proposes to a public sector entity that they enter into an infrastructure agreement.

(2) The entity (the
"recipient" ) to whom the proposal is made must, in writing, tell the entity making the proposal if the recipient agrees to entering into negotiations for an infrastructure agreement.

(3) When negotiating an infrastructure agreement, the entities must act in good faith.

Examples of actions that subsection (3) requires—

• disclosing to the other party to the negotiations in a timely way information relevant to entering into the proposed agreement

• considering and responding in a timely way to the other party’s proposals about the proposed agreement

• giving reasons for each response