Economic Development Act 2012 (Qld)

Economic Development Act 2012

An Act about economic development and development for community purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Economic Development Act 2012.

2   Commencement

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

(a)chapter 8, parts 1 to 4;

(b)the following provisions of chapter 8, part 6—

(i)sections 284, 285, 293, 295 to 299, 302, 306, 307, 311, 315, 316 and 318;

(ii)section 319, to the extent it inserts section 192;

(c)chapter 8, parts 7 and 8;

(d)the following provisions of schedule 2—

(i)amendment of the Disaster Management Act 2003;

(ii)amendment of the Environmental Protection Act 1994;

(iii)amendment of the State Development and Public Works Organisation Act 1971, amendments 1 to 8, 14 to 18 and 24 to 30.

3   Main purpose of Act

(1)The main purpose of this Act is to facilitate the following in the State—

(a)economic development;

(b)development for community purposes;

(c)the provision of diverse housing, including, for example, social housing and affordable housing;

(d)the provision of premises for commercial or industrial uses.

(2)In this section—

diverse housing means a range of housing to meet a variety of community needs, including, for example, housing of different size, type, price, built form, density, cost, adaptability and tenure.

provision, of diverse housing or premises, includes the funding, facilitation, delivery, supply and ownership of the housing or premises.

4   How main purpose is primarily achieved

(1)The main purpose of this Act is achieved primarily by—

(a)establishing MEDQ to plan, carry out, promote or coordinate activities to facilitate in the State the main purpose of this Act while also—

(i)seeking the achievement of ecological sustainability; and

(ii)valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and

(iii)recognising the cultural heritage significance of places; and

(b)providing for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate the main purpose of this Act; and

(c)providing for MEDQ to undertake strategic leadership and coordination of place renewal areas.

(2)In this section—

cultural heritage significance, of a place, means its aesthetic, architectural, historical, scientific, social or other significance to the present generation or past or future generations.

ecological sustainability means a balance that integrates—

(a)the protection of ecological processes and natural systems at local, regional, State and wider levels; and

(b)economic development; and

(c)the maintenance of the cultural, economic, physical and social wellbeing of people and communities.

5   Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

Part 2    Interpretation

Division 1 General

6   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

7   Application of provisions

(1)This section applies if a provision of this Act applies to any of the following (the applied law) for a purpose—

(a)another provision of this Act;

(b)another law;

(c)a provision of another law.

(2)The applied law and any definition relevant to it apply with necessary changes.

(3)Subsection (2) is not limited merely because a provision states how the applied law is to apply.

Division 2 Key concepts for housing

7A   What is social housing

(1)Social housing—

(a)means housing provided to an individual for residential use based on eligibility requirements relating to the individual, including, for example, the income and assets of the individual; and

(b)includes—

(i)public housing under the Housing Act 2003, section 8(4); and

(ii)crisis accommodation.

(2)However, social housing does not include affordable housing.

(3)In this section—

eligibility requirements means requirements prescribed under the Housing Act 2003, section 33(1) relating to the provision of housing services for which a funded provider under the Housing Act 2003 receives funding.

7B   What is affordable housing

Affordable housing is housing that is affordable to particular types of households under criteria prescribed by regulation for the particular type of household.

Part 3    Application of Housing Act 2003

7C   Purpose of part

(1)The purpose of this part is to ensure entities to which MEDQ provides assistance for the purpose of providing social housing are regulated under the Housing Act 2003 in the same way that entities to which the chief executive under the Housing Act 2003 provides assistance for the purpose of providing a social housing service are regulated under the Housing Act 2003.

(2)In this section—

social housing service see the Housing Act 2003, section 8(2).

7D   When MEDQ may provide assistance to entity

MEDQ may provide assistance to an entity for the purpose of providing social housing other than social housing mentioned in section 7A(1)(b) only if—

(a)the entity is—

(i)a registered provider under the Housing Act 2003, schedule 4; or

(ii)an exempt provider under the Housing Act 2003, schedule 4; and

(b)the chief executive under the Housing Act 2003 has consented to MEDQ providing the assistance to the entity.

7E   Agreement entered into by MEDQ taken to be funding agreement under Housing Act 2003

(1)This section applies if MEDQ enters into an agreement with an entity for the purpose of providing assistance to the entity to assist the entity to provide social housing.

(2)The agreement is taken to be a funding agreement under the Housing Act 2003, section 25.

(3)The assistance is taken to be funding under the Housing Act 2003, section 21(1).

(4)The entity is taken to be a funded provider under the Housing Act 2003, section 21(2).

7F   Asset for which MEDQ provides assistance taken to be community housing asset under Housing Act 2003

(1)This section applies to an asset acquired by an entity using assistance provided by MEDQ for the purpose of assisting the entity to provide social housing.

(2)If the entity is a state provider under the Housing Act 2003, the asset is taken to be a state community housing asset under the Housing Act 2003.

(3)If the entity is a national provider under the Housing Act 2003, the asset is taken to be a national community housing asset under the Housing Act 2003.

7G   Application of Housing Act 2003

(1)Nothing in this Act prevents the Housing Act 2003 applying to an entity to which MEDQ provides assistance for the purpose of assisting the entity to provide social housing.

(2)Without limiting subsection (1)—

(a)the entity must comply with the requirements relating to the provision of housing services mentioned in the Housing Act 2003, section 33 to the extent the requirements apply to the entity; and

(b)the registrar under the Housing Act 2003 may take action under the Housing Act 2003, part 4A, division 4, against the entity, including, for example, cancellation of the entity’s registration; and

(c)a power under the Housing Act 2003, part 7 may be exercised against the entity.

7H   CEO may disclose information to chief executive under Housing Act 2003

The CEO may disclose anything that comes to the CEO’s knowledge under this Act to the chief executive under the Housing Act 2003 if the CEO is satisfied the disclosure would assist in the performance of the functions of any of the following under the Housing Act 2003—

(a)the chief executive;

(b)the registrar;

(c)an authorised officer.

Chapter 2    Minister for Economic Development Queensland

Part 1    Establishment

8   Establishment of Minister for Economic Development Queensland

(1)A corporation sole constituted by the Minister is established under the name Minister for Economic Development Queensland (MEDQ).

(2)The corporation as established under that name—

(a)has perpetual succession and a seal; and

(b)may sue and be sued in its corporate name.

9   MEDQ represents the State

(1)MEDQ represents the State.

(2)Without limiting subsection (1), MEDQ has all the State’s privileges and powers.

10   Legal capacity

(1)MEDQ has all the powers of an individual and may, for example—

(a)enter into contracts, infrastructure agreements and other agreements; and

(b)deal in land or other property; and

(c)appoint agents and attorneys; and

(d)engage consultants; and

(e)establish funds and accounts with any financial institution in Australia; and

(f)fix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and

(g)provide services relating to its functions and charge fees for the services; and

Example of a service relating to MEDQ’s functions—

advisory services

(h)do anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act.

(2)MEDQ also has the powers conferred on it by this or another Act.

(3)In performing its functions, MEDQ may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons.

11   Application of other Acts

(1)MEDQ is—

(a)a unit of public administration under the Crime and Corruption Act 2001; and

(b)a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which MEDQ’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

12   MEDQ declared to be excluded matter

MEDQ is declared to be an excluded matter for the Corporations Act, section 5F, in relation to all of the Corporations legislation.

Part 2    Functions

13   MEDQ’s functions

(1)MEDQ’s main function is to give effect to the main purpose of this Act.

(2)MEDQ’s other functions, for achieving the main purpose of this Act, include—

(a)dealing in land or other property; and

(b)coordinating the provision of, or providing, infrastructure and other services; and

(c)planning for, and developing and managing land in or for, priority development areas; and

(d)deciding PDA development applications under this Act; and

(e)undertaking investment activities in property assets to facilitate economic development and development for community purposes.

(3)In planning for, or developing land in, priority development areas, MEDQ must consult with each relevant local government.

Note—

See also section 58 in relation to MEDQ consulting with relevant local governments when preparing a development scheme for a priority development area.

Part 3    Special powers relating to dealings and infrastructure

Division 1 General

14   Purpose of pt 3

(1)This part provides for particular powers and other matters for achieving MEDQ’s functions mentioned in section 13(2).

(2)This part does not limit MEDQ’s powers under this or another Act.

15   MEDQ to act for long-term financial sustainability

MEDQ must, to the extent practicable, carry out its functions in a way that facilitates the long-term financial sustainability of MEDQ.

Division 2 Dealing in land or other property

16   What power to deal in land or other property includes

(1)For this Act, MEDQ’s power to deal in land or other property includes a power to deal in—

(a)land or other property; or

(b)an interest in land or other property.

(2)Also, for this Act, MEDQ’s power to deal in land includes a power to deal in land and improvements on land.

17   Dealing in land or other property generally

Without limiting section 13(2)(a), MEDQ may—

(a)acquire land or other property to facilitate the main purpose of this Act; or

(b)develop land, including by providing or contributing to the provision of infrastructure on the land, to facilitate the main purpose of this Act; or

(c)dispose of, lease, license the use or occupation of, or sublease land or other property held by MEDQ to another entity for development by the entity.

18   Selling surplus property

(1)This section applies if MEDQ holds land or other property (surplus property) that it does not require, or no longer requires, for carrying out its functions under this Act.

(2)MEDQ may sell the surplus property at its market value—

(a)by public tender or auction; or

(b)by private treaty; or

(c)to a Commonwealth or State entity, or a local government, in priority to all other entities; or

(d)in any other way prescribed under a regulation.

(3)In this section—

Commonwealth or State entity means—

(a)a department of the Government of the Commonwealth or the State; or

(b)a statutory body constituted under an Act of the Commonwealth or the State.

19   Conditional disposal of land or other property

(1)MEDQ may impose a condition or restriction on the disposal of land or other property to an entity (a transferee) by MEDQ.

(2)Without limiting subsection (1), MEDQ and a transferee may agree that the transferee—

(a)must make stated improvements to the land or property; or

(b)must undertake a stated activity, within a stated period, in relation to the land or property; or

(c)is subject to stated restrictions on the transfer of or dealing with the land or property.

(3)An agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement.

19A    Exemption from particular disclosure requirements under Body Corporate and Community Management Act 1997

(1)This section applies if—

(a)MEDQ enters into a contract (the initial contract) with another entity in relation to the development of land owned by MEDQ; and

(b)under the initial contract—

(i)the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme); and

(ii)the other entity is to carry out development of the land or part of the land; and

(c)the initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity.

(2)A reference in subsection (1)(c) to a further contract includes a reference to a contract required under a provision of the initial contract granting MEDQ an option to sell the lots or proposed lots to the other entity.

(3)The Body Corporate and Community Management Act 1997, sections 212B and 213 do not apply in relation to the initial contract.

(4)In this section—

development see section 33(2).

lot see the Body Corporate and Community Management Act 1997, schedule 6.

proposed lot see the Body Corporate and Community Management Act 1997, section 211A.

Division 3 Provision of infrastructure

20   Construction of roads

(1)MEDQ may construct a road for achieving its functions mentioned in section 13(2)(a) and (b).

(2)The Governor in Council may, by gazette notice, fix a day (the fixed day) on and after which the Local Government Act 2009 or the City of Brisbane Act 2010 (the relevant Act) applies to the road.

(3)Until the fixed day—

(a)the relevant Act does not apply to the road; and

(b)MEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government.

(4)On and after the fixed day—

(a)the relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and

(b)MEDQ does not have any duty, obligation, liability or responsibility in relation to the road.

Division 3A Acquisition of land

20A   When MEDQ may take land

(1)MEDQ may take land for either of the following purposes—

(a)to provide infrastructure for the benefit of a priority development area;

(b)to give effect to a place renewal framework for a place renewal area.

(2)However, MEDQ may take the land only if—

(a)MEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1); and

(b)the Minister is satisfied the taking of the land is in the public interest.

(3)MEDQ’s power to take the land for a purpose mentioned in subsection (1)—

(a)applies even though—

(i)the taking of the land is for conferring rights or interests in the land on another entity; and

(ii)an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1); and

(b)includes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1).

(4)If the taking of the land is for conferring rights or interests in the land on another entity, MEDQ may take the land only if reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the purpose mentioned in subsection (1) for which the land is being taken but the owner has not agreed to the actions.

(5)The process under the Acquisition of Land Act 1967 for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition of Land Act 1967 by—

(a)MEDQ as a constructing authority under the Acquisition of Land Act 1967; and

(b)the Minister as the relevant Minister under the Acquisition of Land Act 1967.

(6)The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsection (5).

(7)To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967.

20B   Power to take easements and other interests

(1)MEDQ’s power to take land for a purpose mentioned in section 20A(1) includes—

(a)power to take an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and

(b)power to take a lease of State land or another interest in State land.

(2)If MEDQ issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, MEDQ must file a copy of the notice in the appropriate land register kept under the Land Act 1994.

(3)If MEDQ amends or discontinues a resumption mentioned in subsection (2), MEDQ must immediately file a notice of the amendment or discontinuance in the register.

(4)This division, and the process under the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for taking land, apply in relation to the easement or other interest mentioned in subsection (1) as if the easement or other interest were land.

(5)The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsections (2), (3) and (4).

(6)To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967.

(7)In this section—

easement includes a public utility easement under the Land Act 1994 or the Land Title Act 1994.

20C   Relationship with native title legislation

(1)For the taking of land under section 20A and the payment of compensation for the land taken—

(a)the process mentioned in section 20A(5) must be carried out in a way that is consistent with the Native Title (Queensland) Act 1993 and the Native Title Act 1993 (Cwlth); and

(b)if the Native Title (Queensland) Act 1993 or the Native Title Act 1993 (Cwlth) states a process in relation to the taking or payment that is in addition to the process stated in the Acquisition of Land Act 1967, the additional process also applies to the taking or payment; and

(c)the Land Court is the independent body for the Native Title Act 1993 (Cwlth), section 24MD(6B).

(2)To remove any doubt, it is declared that this Act is a compulsory acquisition Act under the Native Title (Queensland) Act 1993, section 144(4).

20D   Vesting of land taken under s 20A

(1)Land taken under section 20A vests in the entity stated in the gazette resumption notice for the taking of the land on the day the notice is published in the gazette.

(2)If the land taken under section 20A is a lease of State land or another interest in State land that is less than freehold, as mentioned in section 20B, the land vests in the entity stated in the gazette resumption notice as an estate in fee simple.

(3)The Governor in Council is authorised to grant in fee simple and so vest the land mentioned in subsection (2) subject to the reservations and conditions that are authorised or required under the Land Act 1994.

20E   Power to use, lease or dispose of land

MEDQ may, to give effect to a purpose mentioned in section 20A, do any or all of the following—

(a)lease, or agree to lease, to any person land taken, or proposed to be taken, under section 20A;

(b)sign an agreement with any person to carry out, own, operate and maintain any works or development on land taken, or proposed to be taken, under section 20A;

(c)sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under section 20A;

(d)sell land taken, or agree to sell land to be taken, under section 20A.

20F   Costs of taking land under s 20A

(1)Before MEDQ takes land under section 20A, MEDQ may enter into an agreement with an entity about the costs of taking the land.

(2)The agreement may require the person to give a guarantee or provide security to MEDQ for the costs.

(3)If the person does not pay to MEDQ the costs of taking the land in accordance with the agreement, MEDQ may recover the costs from the person as a debt owing by the person to MEDQ.

(4)In this section—

costs, of taking land, includes—

(a)operational, administrative and legal costs; and

(b)any compensation assessed under the Acquisition of Land Act 1967 for the taking of the land.

20G   Application of Acquisition of Land Act 1967, ss 36 and 37

The Acquisition of Land Act 1967, sections 36 and 37 apply in relation to exercising a power to take land under this division as if MEDQ were exercising its power to take land, as a constructing authority, under the Acquisition of Land Act 1967.

20H    Notice of intention to dispose of land that is not required

(1)This section applies in relation to land taken under section 20A if, within 7 years after the day the land is taken—

(a)the land is still held by the entity in which the land was vested under the gazette resumption notice for the taking of the land; and

(b)the land is no longer required by the entity; and

(c)the entity intends to dispose of the land.

(2)The entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner.

(3)The notice must state—

(a)that the previous owner must, within 28 days after the day the notice is given, give a notice to the entity stating whether or not the previous owner is interested in buying the land; and

(b)that the entity may dispose of the land to another person if—

(i)the entity does not receive a notice under paragraph (a); or

(ii)the notice under paragraph (a) states the previous owner is not interested in buying the land; and

(c)if the entity has taken an easement under subsection (5)—the nature and terms of the easement.

(4)If the entity is not MEDQ, the entity must give a copy of the notice to MEDQ.

(5)Before giving a notice under subsection (2), the entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land.

(6)To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967, section 41.

20I    Power to dispose of land that is not required

(1)Subsection (2) applies if the previous owner of land taken under section 20A gives an entity a notice under section 20H(3)(a) stating that the previous owner is interested in buying the land.

(2)The entity must, by notice, offer the land, subject to any easement over the land, for sale to the previous owner at a price decided by the entity.

(3)Subsection (4) applies if the previous owner of land taken under section 20A—

(a)does not give a notice under section 20H(3)(a) for the land; or

(b)gives a notice under section 20H(3)(a) stating that the previous owner is not interested in buying the land; or

(c)does not accept an offer for the sale of the land made by the entity.

(4)The entity may dispose of the land subject to any easement over the land.

(5)In deciding the price for which the land may be sold under subsection (2) or (4), the entity must consider—

(a)a valuation by a valuer registered under the Valuers Registration Act 1992; and

(b)the policies and systems for the management of the entity’s assets; and

(c)the existence of any easement over the land.

(6)A person contracting or otherwise dealing with an entity in relation to land is not required to ask whether section 20A or this section has been complied with.

(7)The title of any person to land acquired from the entity is not affected by a failure to comply with section 20A or this section.

(8)To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967, section 41.

Division 4 Financial arrangements

21   Entering into financial arrangements

(1)MEDQ may—

(a)lend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and

(b)enter into instalment contracts or other deferred payment arrangements as a creditor.

Example—

MEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity.

(2)MEDQ may exercise a power under subsection (1) only if MEDQ has considered a matter prescribed under a regulation about the exercise of the power.

(3)MEDQ may take any form of security or charge over land or other property if MEDQ considers it appropriate for doing a thing under subsection (1).

22   Holding land or other property obtained as security

(1)This section applies if MEDQ acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to MEDQ.

(2)MEDQ may hold the land or property until it can be advantageously disposed of.

Division 5 Other functions and powers

23   Arrangements to facilitate grant of appropriate lease under Land Act 1994

MEDQ may, to give effect to the main purpose of this Act, enter into arrangements to facilitate the grant of an appropriate lease to a person under the Land Act 1994.

24   Research

MEDQ may contribute to, or undertake, research about land or other property or infrastructure to give effect to the main purpose of this Act, including, for example, research directed at identifying—

(a)recent market trends that may affect economic development, or development for community purposes, in the State; or

(b)opportunities for economic development, or development for community purposes, in the State; or

(c)community needs and expectations.

Part 4    Economic Development Fund

25   Economic Development Fund

(1)The Estates Construction Fund under the repealed ID Act is continued in existence under this Act and renamed as the Economic Development Fund (the Fund).

(2)The Fund does not form part of the consolidated fund.

26   Payments of amounts into the Fund

(1)The following amounts are payable into the Fund—

(a)amounts received by MEDQ for a dealing in land or other property under this Act;

(b)amounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982, part 5;

(c)amounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982, part 6;

(d)fees received by MEDQ for applications under chapter 3;

(e)special rates and charges received by MEDQ;

(f)infrastructure expenses recoupment charges received by MEDQ;

(g)any other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to—

(i)a fund or bank account kept under this Act; or

(ii)a financial arrangement under section 21;

(h)any amount appropriated by Parliament for the purposes of the Fund;

(i)any amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer.

(2)Subsection (3) applies if—

(a)MEDQ delegates a function or power under section 169; and

(b)for performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3), would be payable into the Fund under subsection (1)(d), (e), (f) or (g); and

(c)the delegation provides that the delegate may retain all or part of the received amount.

(3)Despite subsection (1), the amount that, under the delegation, may be retained is not payable into the Fund.

27   Payment of amounts from the Fund

A payment of an amount from the Fund may be made for any of the following purposes—

(a)paying expenses incurred by MEDQ for—

(i)a dealing in land or other property under this Act; or

(ii)the provision of infrastructure or other services under this Act; or

(iii)the administration or enforcement of this Act; or

(iv)performing another function, or exercising another power, under this Act;

(b)paying fees or expenses related to administering the Fund or a fund or bank account kept under this Act;

(c)transferring an amount to a local government under section 127(1)(b);

(d)paying an amount the Minister and the Treasurer direct MEDQ, in writing, to pay into the consolidated fund.

28   Administration of the Fund

The Fund is to be administered by MEDQ.

Part 5    Reporting and accountability

Division 1 Reporting generally

29   Quarterly reports

(1)The board must give the Minister a report on MEDQ’s operations for each quarter in a financial year.

(2)A quarterly report must be given to the Minister—

(a)within 4 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.

(3)A quarterly report must—

(a)contain the information required to be given in the report under MEDQ’s operational plan; and

(b)describe how MEDQ has achieved the main purpose of this Act during the quarter; and

(c)be signed by the chairperson of the board.

(4)In this section—

quarter, in a financial year, means any of the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

30   Board to keep Minister informed

The board must—

(a)keep the Minister informed of MEDQ’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and

(b)keep the Minister informed of how MEDQ is achieving the main purpose of this Act; and

(c)give the Minister reports and information to enable the Minister to make informed assessments of matters mentioned in paragraphs (a) and (b); and

(d)immediately inform the Minister of any matters that arise that, in the board’s opinion, may—

(i)prevent, or significantly affect, achievement of the objectives in MEDQ’s strategic and operational plans; or

(ii)significantly affect MEDQ’s performance in delivering the outputs under its operational plan.

31   Other reporting requirements

Sections 29 and 30 do not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give under another Act.

Division 2 Annual reports

32   Definition for division

In this division—

annual report means MEDQ’s annual report under the Financial Accountability Act 2009.

32A   Deletion of commercially sensitive matters from annual report

(1)This section applies if the board asks the Minister to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.

(2)The Minister may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.

Example of a matter that might be deleted—

pricing information given to MEDQ in response to an unfinished tender process

32B   Annual report may include a summary of a matter

An annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—

(a)the summary indicates that it is a summary only; and

(b)a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.

32C   Matters to be included in annual report

The annual report for a financial year must include the details of all directions given to MEDQ by the Minister under this part or part 6 during the financial year.

Division 3 Strategic and operational plans

32D   Interaction with the Financial Accountability Act 2009

(1)If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009, compliance with the Financial Accountability Act 2009 is sufficient compliance with this division.

(2)Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009.

(3)If there is an inconsistency between this division and the Financial Accountability Act 2009, the Financial Accountability Act 2009 prevails to the extent of the inconsistency.

32E   Draft strategic and operational plans

(1)Before 31 March each year, the board must prepare, and give to the Minister for the Minister’s agreement, a draft strategic plan and a draft operational plan for the next financial year.

(2)The board and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.

32F   Procedures

(1)The Minister may return the draft strategic or operational plan to the board and ask the board—

(a)to consider, or further consider, a stated thing and deal with the thing in the draft plan; and

(b)to revise the draft plan in the light of its consideration or further consideration.

(2)The board must comply with the request as a matter of urgency.

(3)If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—

(a)to take stated steps in relation to the draft plan; or

(b)to make stated modifications of the draft plan.

(4)The board must immediately comply with the direction and include a copy of the direction in the plan.

32G   Strategic or operational plan pending agreement

(1)This section applies if the Minister and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.

(2)The draft plan given, or last given, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, is taken to be MEDQ’s strategic or operational plan.

(3)Subsection (2) applies until a draft strategic or operational plan becomes MEDQ’s strategic or operational plan under section 32H.

32H   Strategic or operational plan on agreement

When the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes MEDQ’s strategic or operational plan for the relevant financial year.

32I   Compliance with strategic and operational plans

MEDQ must comply with its strategic and operational plans for a financial year.

32J   Modifications of strategic or operational plan

(1)The board may modify MEDQ’s strategic or operational plan only with the written agreement of the Minister.

(2)The Minister may, by written notice, direct the board to modify MEDQ’s strategic or operational plan.

32K   Content of strategic plan

MEDQ’s strategic plan for a financial year must include—

(a)MEDQ’s objectives and intended outcomes; and

(b)MEDQ’s capital structure; and

(c)MEDQ’s annual budget and annual forecasts of revenue; and

(d)MEDQ’s key performance indicators relating to the achievement of the main purpose of this Act; and

(e)an outline of the following matters—

(i)the nature and scope of the activities proposed to be undertaken by MEDQ during the financial year;

(ii)MEDQ’s main undertakings for the financial year;

(iii)the borrowings made or proposed to be made by MEDQ;

(iv)MEDQ’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;

(v)MEDQ’s policies and procedures relating to the acquisition and disposal of major assets; and

(f)an outline of the major investments proposed to be undertaken by MEDQ during the financial year.

32L   Publication of strategic plan

(1)MEDQ must publish MEDQ’s strategic plan, including any modifications under section 32J, on MEDQ’s website.

(2)However, if MEDQ considers information in the strategic plan may have an adverse effect on the interests of MEDQ, or reveal information that is commercial-in-confidence, MEDQ is not required to publish the information.

Part 6    Directions about equity and dividends

Division 1 Direction about equity

32M   Giving direction

(1)The Minister may, at any time, give MEDQ a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, MEDQ’s equity.

(2)MEDQ must comply with the direction.

(3)The board must ensure the direction is complied with in relation to MEDQ.

(4)The Minister must, before giving the direction, consult with the board about the proposed direction.

Division 2 Direction about dividends

32N   Giving direction

(1)The Minister may give MEDQ a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part.

(2)If the Minister gives a direction under subsection (1), MEDQ must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the Minister.

32O   Amount of dividend

(1)During the period from 1 to 15 May in a financial year, MEDQ must give the Minister—

(a)an estimate of its profit for the financial year; and

(b)a recommendation about the amount of the dividend that may be required to be paid for the financial year.

(2)Before the end of the financial year, the Minister may—

(a)approve the recommendation and give MEDQ a direction to pay a dividend of that amount; or

(b)give MEDQ a direction to pay a dividend of a different stated amount.

(3)The amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act, part 2H.5 if MEDQ were a company.

Part 7    Commonwealth tax equivalents

32P   Liability for Commonwealth tax equivalents

(1)The Treasurer may issue a manual (the tax equivalents manual) about deciding the tax equivalents to be paid by MEDQ and its subsidiaries.

(2)Without limiting subsection (1), the tax equivalents manual may provide for—

(a)rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and

(b)the lodging of returns by MEDQ and its subsidiaries; and

(c)assessing returns; and

(d)the functions and powers of the tax assessor appointed under subsection (3); and

(e)objections and appeals against assessments and rulings.

(3)The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.

(4)MEDQ and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund.

(5)The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.

(6)In this section—

Commonwealth tax means tax imposed under a Commonwealth Act.

tax equivalents means amounts paid by MEDQ or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by MEDQ or its subsidiaries because MEDQ is not liable to pay Commonwealth tax that would be payable by MEDQ if MEDQ were not a government entity.

Part 8    Chief executive officer

32Q   Appointment and removal

(1)The Governor in Council must appoint a chief executive officer of MEDQ (the CEO).

(2)The CEO is appointed under this Act and not the Public Sector Act 2022.

(3)To be appointed as the CEO, a person must have a professional qualification relevant to, and professional experience in, an area relating to the main functions of MEDQ.

(4)The Governor in Council may, at any time, remove the CEO from office.

32R   Disqualification as CEO

A person is disqualified from being appointed, or continuing as, the CEO if the person—

(a)has a conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or

(d)contravenes section 32X, 32Y or 32Z.

32S   Criminal history report

(1)To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the police commissioner for—

(a)a written report about the criminal history of the person; and

(b)a brief description of the circumstances of a conviction mentioned in the criminal history.

(2)However, the Minister may make the request only if the person has given the Minister written consent for the request.

(3)The police commissioner must comply with the request.

(4)However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.

(5)The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

32T   Term

(1)The CEO holds office for the term stated in the CEO’s instrument of appointment.

(2)The stated term must not be more than 5 years.

(3)The CEO may be reappointed.

32U   Remuneration and conditions

(1)The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.

(2)The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

32V   [Repealed]

32W    Vacancy in office

The office of the CEO becomes vacant if the CEO—

(a)completes a term of office and is not reappointed; or

(b)resigns office by signed notice given to the Minister; or

(c)becomes disqualified under section 32R(a), (b) or (c) from continuing as CEO; or

(d)is removed from office.

32X    CEO not to engage in other paid employment

The CEO must not, without the Minister’s prior written approval—

(a)engage in paid employment outside the responsibilities of—

(i)the office of the CEO; and

(ii)if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of—

(i)the office of the CEO; and

(ii)if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer.

32Y    CEO not to enter into contract with MEDQ

The CEO must not enter into a contract with MEDQ, other than a contract related to the CEO’s employment.

32Z   Conflicts of interest

If the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—

(a)must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.

32ZA    Functions

(1)The CEO has the function of ensuring the effective and efficient administration and operation of MEDQ and the performance of its functions.

(2)The CEO also has the functions given to the CEO under this Act or another Act.

32ZB    Powers

(1)The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.

(2)The CEO also has the powers given to the CEO under this Act or another Act.

32ZC    Delegation

(1)The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.

(2)In this section—

functions includes powers.

32ZD    Acting CEO—appointment and removal

(1)The Governor in Council may appoint a person to act as CEO—

(a)during a vacancy in the office; or

(b)during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.

(2)The acting CEO is appointed under this Act and not the Public Sector Act 2022.

(3)The Governor in Council may, at any time, remove the acting CEO from office.

Part 9    EDQ employing office

Division 1 Establishment

32ZE    Establishment of EDQ employing office

(1)The Economic Development Queensland employing office (the EDQ employing office) is established.

(2)The EDQ employing office consists of—

(a)the executive officer; and

(b)the employees of the EDQ employing office.

(3)The EDQ employing office is a separate entity from MEDQ.

32ZF    EDQ employing office represents the State

(1)The EDQ employing office represents the State.

(2)Without limiting subsection (1), the EDQ employing office has the status, privileges and immunities of the State.

32ZG    Application of other Acts

The EDQ employing office is—

(a)a unit of public administration under the Crime and Corruption Act 2001; and

(b)a statutory body under—

(i)the Financial Accountability Act 2009; and

(ii)the Statutory Bodies Financial Arrangements Act 1982.

32ZH    Functions

(1)The main functions of the EDQ employing office are—

(a)entering into, for the State, mobility arrangements under which an employee of the EDQ employing office performs work for or within, or duties in, MEDQ; and

(b)employing, for the State, employees to perform work for or within, or duties in, MEDQ under the mobility arrangements mentioned in paragraph (a); and

(c)doing anything incidental to the discharge of the functions mentioned in paragraph (a) and (b).

(2)Also, the EDQ employing office has any other function conferred on the EDQ employing office under this Act or another Act.

(3)In this section—

mobility arrangement see the Public Sector Act 2022.

32ZI    Powers

(1)The EDQ employing office has the power to do anything necessary or convenient to be done for the performance of the EDQ employing office’s functions.

(2)The EDQ employing office also has the powers given to it under this Act or another Act.

32ZJ    Employees

The employees of the EDQ employing office are to be employed under the Public Sector Act 2022.

Division 2 Executive officer

32ZK    Appointment and removal

(1)There is to be an executive officer of the EDQ employing office.

(2)The executive officer is to be appointed by the Governor in Council.

(3)The executive officer is appointed under this Act and not the Public Sector Act 2022.

(4)The executive officer may be the same person as the CEO.

(5)The Governor in Council may, at any time, remove the executive officer from office.

32ZL    Disqualification as executive officer

A person is disqualified from being appointed, or continuing, as the executive officer if the person—

(a)has a conviction, other than a spent conviction, for an indictable offence; or

(b)is an insolvent under administration; or

(c)is disqualified from managing corporations because of the Corporations Act, part 2D.6; or

(d)contravenes section 32ZR or 32ZS.

32ZM    Criminal history report

(1)To decide if a person is disqualified from becoming or continuing as the executive officer, the Minister may ask the police commissioner for—

(a)a written report about the criminal history of the person; and

(b)a brief description of the circumstances of a conviction mentioned in the criminal history.

(2)However, the Minister may make the request only if the person has given the Minister written consent for the request.

(3)The police commissioner must comply with the request.

(4)However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.

(5)The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

32ZN    Term

(1)The executive officer holds office for the term stated in the executive officer’s instrument of appointment.

(2)The stated term must not be more than 5 years.

(3)The executive officer may be reappointed.

32ZO    Remuneration and conditions

(1)The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.

(2)The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

(3)Despite subsection (1), if the same person is appointed as CEO and executive officer, the person is to be paid only the remuneration and other allowances payable to the person under section 32U.

32ZP    [Repealed]

32ZQ    Vacancy in office

The office of the executive officer becomes vacant if the executive officer—

(a)completes a term of office and is not reappointed; or

(b)resigns office by signed notice given to the Minister; or

(c)becomes disqualified under section 32ZL(a), (b) or (c) from continuing as executive officer; or

(d)is removed from office.

32ZR    Executive officer not to engage in other paid employment

The executive officer must not, without the Minister’s prior written approval—

(a)engage in paid employment outside the responsibilities of—

(i)the office of the executive officer; and

(ii)if the executive officer is also appointed as CEO—the office of the CEO; or

(b)actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of—

(i)the office of the executive officer; and

(ii)if the executive officer is also appointed as CEO—the office of the CEO.

32ZS    Conflicts of interest

If the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer’s responsibilities, the executive officer—

(a)must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.

32ZT    Functions

(1)The executive officer has the function of ensuring the effective and efficient administration and operation of the EDQ employing office and the performance of its functions.

(2)The executive officer also has the functions given to the executive officer under this Act or another Act.

32ZU    Powers

(1)The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.

(2)The executive officer also has the powers given to the executive officer under this Act or another Act.

32ZV    Delegation

(1)The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified employee of the EDQ employing office.

(2)In this section—

functions includes powers.

32ZW    Acting executive officer—appointment and removal

(1)The Governor in Council may appoint a person to act as executive officer—

(a)during a vacancy in the office; or

(b)during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.

(2)The acting executive officer is appointed under this Act and not the Public Sector Act 2022.

(3)The Governor in Council may, at any time, remove the acting executive officer from office.

Part 10    Identity cards

32ZX    Issue of identity card for particular employees and agents

(1)MEDQ must issue an identity card to each individual whom MEDQ authorises to enter premises under section 123 or 123A.

(2)The identity card must—

(a)contain a recent photo of the individual; and

(b)contain a copy of the individual’s signature; and

(c)identify the individual as an individual who is authorised by MEDQ; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

Note—

See also section 122B in relation to the issuing, production and return of identity cards under the Planning Act, chapter 5, part 6 as applied under that section.

32ZY    Production or display of identity card

(1)In exercising a power under this Act in relation to a person in the person’s presence, the individual must—

(a)produce the individual’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the individual must produce the identity card for the person’s inspection at the first reasonable opportunity.

32ZZ    Return of identity card

If an individual ceases to be authorised as mentioned in section 32ZX, the individual must return the individual’s identity card to MEDQ within 21 days after ceasing to be so authorised unless the individual has a reasonable excuse.

Maximum penalty—20 penalty units.

Chapter 3    Planning and development

Part 1    Preliminary

33   Development and categories of development

(1)This section defines particular terms for this chapter.

(2)Development is any of the following—

(a)carrying out building work;

(b)carrying out plumbing work or drainage work;

(c)carrying out operational work;

(d)reconfiguring a lot;

(e)making a material change of use of premises.

(3)

PDA assessable development is—

(a)development that a regulation provides is PDA assessable development; or

(b)development that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or

(c)PDA-associated development declared for a priority development area under section 40C(1) and identified by MEDQ under that section to be PDA assessable development.

(4)PDA accepted development is—

(a)development that a regulation provides is PDA accepted development; or

(b)development that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or

(c)PDA-associated development declared for a priority development area by MEDQ under section 40C(1) and identified by MEDQ under that section to be PDA accepted development; or

(d)development in a priority development area, or PDA-associated development for a priority development area, other than—

(i)development or PDA-associated development mentioned in paragraph (a), (b) or (c); or

(ii)PDA assessable development.

(5)If there is an inconsistency between the categorisation of development under a regulation and a relevant development instrument for a priority development area, the regulation prevails to the extent of the inconsistency.

Part 2    Priority development areas

Division 1 Declaration of provisional priority development areas, draft provisional land use plans and provisional land use plans

Subdivision 1 Making of declaration regulations, draft provisional land use plans and provisional land use plans

34   Declaration

(1)A regulation (a declaration regulation) may declare a part of the State to be a provisional priority development area.

(2)Before recommending to the Governor in Council the making of a regulation under subsection (1), the Minister must—

(a)consult with the Minister administering the Planning Act; and

(b)have regard to—

(i)the main purpose of this Act; and

(ii)any proposed development for land in the area; and

(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and

(iv)any State planning instrument applying to land in the area.

35   Draft provisional land use plan required

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.

(2)MEDQ must make a draft provisional land use plan regulating development in the area proposed to be declared as a provisional priority development area (the proposed area).

(3)The draft provisional land use plan may provide for any matter mentioned in section 57(2), (3) or (5).

(4)The recommendation for the declaration regulation may be made only if MEDQ has made a draft provisional land use plan under subsection (2) for the proposed area.

36   When draft provisional land use plan has effect

The draft provisional land use plan—

(a)takes effect on the commencement of the declaration regulation; and

(b)has effect until a provisional land use plan takes effect under section 36F for the provisional priority development area.

36A    Notice of draft provisional land use plan

As soon as practicable after the draft provisional land use plan takes effect, MEDQ must—

(a)publish the draft provisional land use plan on MEDQ’s website; and

(b)publish a gazette notice stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and

(c)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 15 business days (the submission period), about the draft provisional land use plan.

36B   Submissions on draft provisional land use plan

Any person may, within the submission period, make a submission about the draft provisional land use plan.

36C   Consideration of submissions and consultation

(1)MEDQ must consider any submissions about the draft provisional land use plan received within the submission period.

(2)Subsection (1) does not prevent MEDQ considering a submission made to it after the submission period has ended.

(3)Also, MEDQ must—

(a)consult on the draft provisional land use plan, in the way it considers appropriate, with the relevant local government; and

(b)make reasonable endeavours to consult on the draft provisional land use plan, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the draft provisional land use plan.

36D    Amendment of draft provisional land use plan

After complying with section 36C, MEDQ may amend the draft provisional land use plan in any way it considers appropriate.

36E    Making of provisional land use plan

(1)After complying with section 36C, but not later than 60 business days after the draft provisional land use plan takes effect, MEDQ must make a provisional land use plan regulating development in the provisional priority development area.

(2)The provisional land use plan may provide for any matter mentioned in section 57(2), (3) or (5).

(3)Also, within the period mentioned in subsection (1), MEDQ must—

(a)prepare a report that—

(i)summarises the submissions considered by MEDQ; and

(ii)contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and

(iii)contains details about any other changes made to the draft provisional land use plan; and

(b)publish on MEDQ’s website—

(i)the provisional land use plan; and

(ii)the report prepared under paragraph (a); and

(c)publish a gazette notice stating that the provisional land use plan is published on MEDQ’s website.

36F   When provisional land use plan takes effect

The provisional land use plan takes effect at the beginning of the day the gazette notice under section 36E(3)(c) is published.

36G   MEDQ must give notice of provisional land use plan

As soon as practicable after the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the provisional land use plan—

(a)has taken effect; and

(b)is published on MEDQ’s website.

Subdivision 2 Amending provisional land use plans

36H   Minor administrative amendments

(1)MEDQ may make a minor administrative amendment of a provisional land use plan.

(2)If MEDQ makes a minor administrative amendment of a provisional land use plan, MEDQ must—

(a)publish on MEDQ’s website—

(i)the minor administrative amendment; and

(ii)the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan); and

(b)publish a gazette notice stating that the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.

(3)The minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2)(b) is published.

(4)As soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the minor administrative amendment has taken effect; and

(b)the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.

36I    Other amendments

(1)This section applies if MEDQ proposes to make an amendment, other than a minor administrative amendment, of a provisional land use plan.

(2)MEDQ must—

(a)publish the proposed amendment on MEDQ’s website; and

(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the proposed amendment is published on MEDQ’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 15 business days (the submission period), about the proposed amendment.

(3)Sections 36B to 36F apply in relation to the proposed amendment of the provisional land use plan as if—

(a)a reference in the sections to the draft provisional land use plan were a reference to the proposed amendment of the provisional land use plan; and

(b)a reference in the sections to the submission period were a reference to the submission period under subsection (2)(b)(ii); and

(c)the reference in section 36E(1) to the draft provisional land use plan taking effect were a reference to the notice under subsection (2)(b) being published; and

(d)a reference in section 36E(1) or (2) or 36F to the provisional land use plan were a reference to the amendment of the provisional land use plan; and

(e)a reference in section 36E(3)(b)(i) or (c) to the provisional land use plan were a reference to the amendment of the provisional land use plan and the provisional land use plan as amended by the amendment (the amended provisional land use plan).

(4)As soon as practicable after the amendment of the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the amendment has taken effect; and

(b)the amendment and the amended provisional land use plan are published on MEDQ’s website.

Note—

See also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of a provisional land use plan but does not amend it.

Division 2 Declaration of other priority development areas and interim land use plans

37   Declaration

(1)A regulation (a declaration regulation) may declare a part of the State to be a priority development area.

(2)Before recommending to the Governor in Council the making of a regulation under subsection (1), the Minister must—

(a)consult with the Minister administering the Planning Act; and

(b)have regard to—

(i)the main purpose of this Act; and

(ii)any proposed development for land in the area; and

(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and

(iv)any State planning instrument applying to land in the area.

(3)The declaration regulation may state an expiry date, recommended by MEDQ, for—

(a)the interim land use plan made under section 38(2) for the priority development area; or

(b)if more than 1 interim land use plan has been made under section 38(3) for the priority development area—1 or more of the plans.

(4)The expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences.

(5)However, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area.

Note—

See generally section 40AB in relation to the expiry of an interim land use plan.

(6)To remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3)(b).

38   Interim land use plan required

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.

(2)MEDQ must make an interim land use plan regulating development in the entire area proposed to be declared under the declaration regulation as a priority development area (the proposed area).

(3)However, MEDQ may make more than 1 interim land use plan regulating development in the proposed area if—

(a)each plan regulates development in a separate part of the proposed area, but the plans together regulate development in the entire proposed area; and

(b)MEDQ considers the plans will, in an integrated way, promote the proper and orderly planning, development and management of the proposed area.

(4)An interim land use plan made under subsection (2) or (3) may provide for any matter mentioned in section 57(2), (3) or (5).

(5)The recommendation for the declaration regulation may be made only if MEDQ has made 1 or more interim land use plans under subsection (2) or (3) regulating development in the entire proposed area.

39   When interim land use plan takes effect

An interim land use plan made under section 38(2) or (3) takes effect on the commencement of the declaration regulation.

40    Notice of interim land use plan

As soon as practicable after an interim land use plan takes effect, MEDQ must—

(a)publish the plan on MEDQ’s website; and

(b)publish a gazette notice stating that the plan has taken effect and is published on MEDQ’s website; and

(c)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.

40AA   Period for which interim land use plan has effect

An interim land use plan for a priority development area has effect until the earliest of the following—

(a)if the plan regulates development in the entire priority development area—

(i)a development scheme takes effect under section 64 for the entire area; or

(ii)a new interim land use plan is made under section 40AC for the entire area;

(b)if the plan regulates development in part of the priority development area—

(i)a development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or

(ii)a new interim land use plan is made under section 40AC for that part of the area;

(c)the plan expires under section 40AB.

40AB    Expiry of interim land use plan

(1)An interim land use plan for a priority development area expires—

(a)if the declaration regulation for the area states an expiry date for the plan under section 37(3)—on the stated expiry date; or

(b)otherwise—

(i)on the day that is 1 year after the day the plan takes effect; or

(ii)if a later day is fixed under section 40ABA—on that day.

(2)However, if a caretaker period begins at any time before an interim land use plan would otherwise expire under subsection (1), the period before the plan expires is extended by a further period equal to the length of the caretaker period plus 20 business days.

(3)For working out the length of a caretaker period for subsection (2), the day the caretaker period ends is taken to be a whole day.

40ABA    Extension of expiry day for interim land use plan

(1)This section applies in relation to an interim land use plan for a priority development area if—

(a)the declaration regulation for the area does not state an expiry date for the plan; and

(b)a development scheme has not taken effect under section 64 for the area in which the plan regulates development.

(2)On a day not later than 1 year after the day the plan takes effect, MEDQ may, by gazette notice, fix a later day on which the plan expires.

(3)The day fixed under subsection (2) may not be later than 2 years after the day the plan takes effect.

40ABB    Minor administrative amendments of interim land use plan

(1)MEDQ may make a minor administrative amendment of an interim land use plan.

(2)If MEDQ makes a minor administrative amendment of an interim land use plan, MEDQ must—

(a)publish on MEDQ’s website—

(i)the minor administrative amendment; and

(ii)the interim land use plan as amended by the minor administrative amendment (the amended interim land use plan); and

(b)publish a gazette notice stating that the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.

(3)The minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2)(b) is published.

(4)As soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the minor administrative amendment has taken effect; and

(b)the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.

Note—

See also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of an interim land use plan but does not amend it.

40AC    Making new interim land use plan

(1)MEDQ may, before an interim land use plan for a priority development area (the current plan) expires, make a new interim land use plan for the priority development area (the new plan).

(2)The new plan—

(a)may provide for any matter mentioned in section 57(2), (3) or (5); and

(b)must regulate development in—

(i)if the current plan regulates development in the entire priority development area—the entire priority development area; or

(ii)otherwise—the part of the priority development area in which development is regulated by the current plan.

(3)If the new plan is to take effect before the current plan expires, MEDQ must—

(a)publish the new plan on MEDQ’s website; and

(b)publish a gazette notice stating that the new plan is published on MEDQ’s website.

(4)The new plan mentioned in the gazette notice published under subsection (3)(b) takes effect at the beginning of the day the gazette notice is published.

(5)If the new plan is to take effect on the expiry of the current plan, MEDQ must—

(a)before the current plan expires, publish a gazette notice stating that a new plan has been made and will take effect on the expiry of the current plan; and

(b)as soon as practicable after the current plan expires, publish the new plan on MEDQ’s website.

(6)The new plan mentioned in the gazette notice published under subsection (5)(a) takes effect on the day after the day the current plan expires.

(7)As soon as practicable after a new plan takes effect under subsection (4) or (6), MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the new plan—

(a)has taken effect; and

(b)is published on MEDQ’s website.

(8)The following provisions apply to the new plan—

(a)section 40AA;

(b)section 40AB other than section 40AB(1)(a);

(c)section 40ABB.

Division 2A Declaration of PDA-associated development by MEDQ

40A   Application of division

This division applies to development—

(a)to be carried out other than entirely within a priority development area; and

Example of development for paragraph (a)—

A bridge is proposed to be constructed, extending from a landing point within the priority development area to a landing point outside the area. This division applies to development to be carried out for the part of the bridge that extends from the boundary of the priority development area to the landing point outside the area.

(b)that is not identified as PDA-associated development in the relevant development instrument for the area.

Note—

A relevant development instrument may identify and regulate development as PDA-associated development—see, for example, section 57(3) and (5).

40B   Consultation required before declaring PDA-associated development

Before making a declaration under section 40C(1), MEDQ must—

(a)consult, in the way it considers appropriate, with each local government in whose area the development is proposed to be located; and

(b)make reasonable endeavours to consult, in the way MEDQ considers appropriate, with any government entity, GOC or other entity it considers will be likely to be affected by the declaration.

40C   Declaration of PDA-associated development

(1)MEDQ may, by instrument (a declaration), declare development to which this division applies (the proposed development) to be PDA-associated development for a priority development area.

(2)A declaration may be made only if MEDQ is satisfied—

(a)the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and

(b)1 of the following applies—

(i)the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;

(ii)the proposed development—

(A)promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and

(B)gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and

(C)cannot reasonably be located or accommodated entirely within the priority development area;

(iii)the proposed development satisfies another requirement prescribed by regulation.

(3)A declaration must not compromise the implementation of the relevant development instrument for the priority development area.

(4)In making a declaration, MEDQ must decide whether the PDA-associated development is—

(a)PDA assessable development; or

(b)PDA accepted development.

Note—

If the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application.

(5)In this section—

development infrastructure see the Planning Act, schedule 2.

40D   Content of declaration

A declaration under section 40C(1) must include the following information—

(a)the priority development area the development is for;

(b)a description of the land on which the development is proposed to be located;

(c)a description of the development, including plans and supporting documentation;

(d)any other information prescribed by regulation.

40E   Notice of declaration

As soon as practicable after declaring development to be PDA-associated development under section 40C(1), MEDQ must—

(a)publish the declaration on MEDQ’s website; and

(b)give a copy of the declaration to—

(i)each local government in whose area the development is to be located; and

(ii)the owner of the land on which the development is proposed to be located; and

(iii)each government entity or GOC consulted under section 40B before the making of the declaration.

Division 2B Minor boundary changes of priority development areas

40F    Regulation may make particular boundary changes

(1)A regulation (a boundary change regulation) may amend a declaration regulation made under section 34 or 37 to make either of the following changes (each a minor boundary change) to the priority development area declared under the declaration regulation—

(a)to include additional land in the priority development area;

(b)to include additional land in the priority development area and exclude other land from the priority development area.

Note—

See chapter 3, part 2, division 3, subdivision 2 in relation to other changes to priority development areas.

(2)A boundary change regulation may be made only if—

(a)the minor boundary change is to correct an error in the boundary of the priority development area; or

Example—

including land so the boundary of the priority development area aligns with the intended cadastral boundary of the area

(b)MEDQ is satisfied the minor boundary change promotes the proper and orderly planning, development and management of the additional land to be included in, or the land to be excluded from, the priority development area.

Examples—

•including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared

•including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared

40G    Recommendation for boundary change regulation

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area.

(2)The recommendation for the making of the boundary change regulation may be made only if—

(a)for the additional land proposed to be included in the priority development area (the additional land), MEDQ has—

(i)proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change); and

(ii)consulted on the proposed instrument under section 40H(1); and

(iii)made the instrument under section 40H(2); and

(b)for any land proposed to be excluded from the priority development area (the excluded land), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change) has been—

(i)prepared under section 40I; and

(ii)consulted on under section 40J; and

(iii)made or approved under section 40K.

(3)However, subsection (2)(b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land.

(4)MEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land.

40H   Consultation about proposed PDA instrument change and making of PDA instrument change

(1)Before preparing the proposed instrument for the PDA instrument change, MEDQ must—

(a)consult, in the way it considers appropriate, with the relevant local government; and

(b)make reasonable endeavours to consult, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the proposed PDA instrument change.

(2)After complying with subsection (1), MEDQ must decide—

(a)to make the instrument for the PDA instrument change; or

(b)not to make the instrument for the PDA instrument change.

(3)In making the decision under subsection (2), MEDQ must consider the main purpose of this Act.

40I    Preparation of proposed instrument for planning instrument change

(1)If section 40G(2)(b) applies for any excluded land, MEDQ may—

(a)prepare the proposed instrument for the planning instrument change; or

(b)ask the relevant local government to prepare the proposed instrument for the planning instrument change.

(2)The entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.

(4)The transfer of the stated land or stated fund to MEDQ under section 181 does not affect the operation of this section.

214   Existing directions to government entity or local government to provide or maintain infrastructure

(1)This section applies if—

(a)the Governor in Council has given a direction to a government entity or local government (the directed entity) under the repealed ULDA Act, section 138; and

(b)at the commencement, the direction has not been fully complied with.

(2)The direction continues in effect and the directed entity must comply with the direction.

(3)Subsection (2) applies despite any other Act or law.

215   [Repealed]

Part 8    Repeals

216   Repeals

The following Acts are repealed—

•the Industrial Development Act 1963, No. 28

•the Urban Land Development Authority Act 2007, No. 41.

Chapter 7    Other transitional provisions

Part 1    Transitional provisions for Queen’s Wharf Brisbane Act 2016

217   Definition for part

In this part—

amended, in relation to a provision of this Act, means the provision as amended by the Queen’s Wharf Brisbane Act 2016.

218   Application of amendments about PDA-associated development

(1)This section applies in relation to amended chapter 3 to the extent it relates to PDA-associated development, or PDA-associated land, for a priority development area.

(2)Amended chapter 3 applies to development only if it substantially starts on or after the commencement.

219   Application of amended s 103

Amended section 103 applies to a priority development area whether the area was declared or otherwise came into existence before, on or after the commencement.

Part 2    Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016

220   Definitions for part

In this part—

amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.

former, in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.

221   Existing SPA development application made before priority development area declared

(1)This section applies if, immediately before the declaration of an area as a priority development area—

(a)an existing SPA development application had been made for land in the area; and

(b)the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and

(c)the application had not been decided.

(2)Former section 44(2) continues to apply in relation to the application as if the amending Act had not been enacted.

(3)If a development approval is given under the repealed Planning Act for the application, the carrying out of development, or use of land, under the approval is not a PDA development offence.

(4)In this section—

existing SPA development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.

repealed Planning Act means the repealed Sustainable Planning Act 2009.

222   Existing PDA development application for PDA-associated development

(1)This section applies to a PDA development application for PDA-associated development for a priority development area made, but not decided, before the commencement.

(2)Former section 87(2A) continues to apply in relation to the application as if the amending Act had not been enacted.

223   Unfinished compliance assessment for plan of subdivision

(1)This section applies if—

(a)before the commencement, SPA compliance assessment under former section 104 had started for a plan of subdivision; and

(b)the assessment had not finished before the commencement.

(2)Former section 104 continues to apply in relation to the plan as if the amending Act had not been enacted.

224   Existing PDA development approval

(1)This section applies to a PDA development approval given before the commencement.

(2)Former section 100 continues to apply in relation to the approval as if the amending Act had not been enacted.

Part 3    Transitional provisions for Economic Development and Other Legislation Amendment Act 2019

Division 1 Preliminary

225   Definitions for part

In this part—

amendment Act means the Economic Development and Other Legislation Amendment Act 2019.

former, in relation to a provision of this Act, means as in force from time to time before the commencement of the provision in which the term appears.

new, in relation to a provision of this Act, means as amended or inserted by the amendment Act.

Division 2 Provisions for amendments commencing on assent

226   References to PDA self-assessable development and PDA exempt development

(1)A reference in another Act or a document to PDA self-assessable development is taken to be a reference—

(a)to the extent the development complies with the requirements about carrying out the development under the relevant development instrument for the priority development area—to PDA accepted development; or

(b)otherwise—to PDA assessable development.

(2)A reference in another Act or a document to PDA exempt development is taken to be a reference to PDA accepted development.

227   Provisional land use plan made under declaration regulation

(1)This section applies to a provisional land use plan for a provisional priority development area made under a declaration regulation mentioned in former section 35 and in effect immediately before the commencement.

(2)The provisional land use plan is taken to have been—

(a)made under new section 36E(1); and

(b)notified under a gazette notice under new section 36E(3)(c) published on the day the declaration regulation commenced.

228    Interim land use plan made under declaration regulation

(1)This section applies to an interim land use plan for a priority development area made under a declaration regulation mentioned in former section 38 and in effect immediately before the commencement.

(2)The interim land use plan is taken to have been made under new section 38.

229   Application of former s 42M to particular material change of use

(1)This section applies if, immediately before the commencement, a material change of use was taken to be a lawful use under former section 42M.

(2)Former section 42M continues to apply to the material change of use as if the amendment Act, part 6, division 2 had not commenced.

230    Development scheme approved under regulation

(1)This section applies to a development scheme for a priority development area, or a transitioned UDA, approved under a regulation made under former section 64 and in effect immediately before the commencement.

(2)The development scheme is taken to have been notified under a gazette notice under new section 63(3)(b) published on the day the regulation commenced.

(3)In this section—

transitioned UDA see section 177.

231    Amendment of development scheme approved under regulation

(1)This section applies to an amendment of a development scheme approved under a regulation made under former section 68.

(2)The amendment is taken to have been notified under a gazette notice under new section 63(3)(b), as applied under section 67(2), published on the day the regulation commenced.

232   Proceedings for offence against former s 74 or former s 164

(1)This section applies if a person is alleged to have committed either of the following offences before the commencement—

(a)an offence against former section 74;

(b)an offence against former section 164(1) in relation to an offence against an executive liability provision mentioned in former section 164(5), definition executive liability provision, paragraph (b).

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be started or continued, and the person may be punished for the offence, as if the amendment Act, part 6, division 2 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

233   Existing PDA development applications

(1)This section applies if a PDA development application was made, but not decided, before the commencement.

(2)This Act, as in force immediately before the commencement, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 2 had not commenced.

234   Dissolution of Commonwealth Games Infrastructure Authority

(1)On the commencement—

(a)the Commonwealth Games Infrastructure Authority established under former section 144 is dissolved; and

(b)the authority members under former section 146 who held office immediately before the commencement go out of office.

(2)No compensation is payable to a person because of subsection (1).

Division 3 Provisions for amendments commencing by proclamation

235   Existing PDA development applications

(1)This section applies if a PDA development application—

(a)was made on or after the commencement of the amendment Act, part 6, division 2; but

(b)was not decided before the commencement of this section.

(2)This Act, as in force immediately before the commencement of this section, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 3 had not commenced.

236   Application of new s 103(1)

New section 103(1) applies only to a use or preservation covenant entered into on or after the commencement.

237   Application of new s 113

(1)New section 113 applies only in relation to an enforcement order, or order under section 111, made on or after the commencement.

(2)Former section 113 continues to apply in relation to an enforcement order, or order under section 111, made before the commencement as if the amendment Act, part 6, division 3 had not commenced.

Part 4    Transitional and validation provisions for Economic Development and Other Legislation Amendment Act 2024

238   Definitions for part

In this part—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

239   Initial employees

(1)This section applies to—

(a)a person (an initial employee) who is employed as an employee of the EDQ employing office if the person was a public service employee employed by the department, other than on a fixed term contract, immediately before being employed by the EDQ employing office; and

(b)a person (also an initial employee) who is employed as an employee of the EDQ employing office if the person was not, immediately before being employed by the EDQ employing office, a public service employee to whom this section applies under paragraph (a).

(2)The terms and conditions of employment of the initial employee are the terms and conditions that applied, immediately before the commencement, to public service employees employed by the department under the existing instruments.

(3)However, subsection (2) stops applying to the initial employee if a new certified agreement, covering the person as an employee of the EDQ employing office, takes effect.

(4)This section applies despite any other Act.

(5)In this section—

certified agreement see the Industrial Relations Act 2016, schedule 5.

existing instruments means the following instruments as they were in effect immediately before the commencement—

(a)the Queensland Public Service Officers and Other Employees Award—State 2015;

(b)the State Government Entities Certified Agreement 2023;

(c)a public sector directive.

new certified agreement means a certified agreement made after the commencement.

public sector directive—

(a)means a directive under the Public Sector Act 2022, schedule 2; and

(b)includes—

(i)a joint directive made under section 226 of that Act; and

(ii)a directive continued under section 307 or 308 of that Act.

240   Initial employee employed on fixed term contract by department before commencement

(1)This section applies to a person (an initial employee) who is employed after the commencement as an employee of the EDQ employing office if the person was employed by the department on a fixed term contract immediately before being employed by the EDQ employing office.

(2)Nothing in this part affects the operation of the fixed term contract.

241   MEDQ’s first strategic and operational plans

(1)This section applies to MEDQ’s first strategic and operational plans.

(2)The period within which the board must prepare and give to the Minister a draft of each plan under new section 32E is 2 months after the commencement or another period agreed between the board and the Minister.

(3)If a draft plan has not been agreed to within 2 months after the board has given it to the Minister, the Minister may give a direction under new section 32F(3) about the draft plan.

(4)The period for which the strategic or operational plan applies is—

(a)the remainder of the financial year in which it is agreed to by the Minister; and

(b)if MEDQ and the Minister agree the plan is also to apply for the following financial year, for that financial year.

242   MEDQ’s first quarterly report

New section 29 does not apply to MEDQ in relation to a quarter before the quarter in which its first operational plan is agreed to by the Minister.

243   Existing board member

A person who, immediately before the commencement, holds appointment as a board member under former section 132(1)(b) or (d) is taken to be a board member under new section 132 until the board member’s office is vacated under new section 134.

244   References to department before commencement

(1)This section applies if—

(a)a former provision mentioned the department; and

(b)a provision of this Act that provides for the same, or substantially the same, matter as the former provision mentions MEDQ.

(2)In a document made under or relating to the former provision, a reference to the department, if the context permits, is taken to be a reference to MEDQ.

245   Publication on MEDQ’s website

(1)This section applies if—

(a)under a former provision of this Act, a thing was required to be published on the department’s website for or within a period; and

(b)under the provision as in force from the commencement, the thing is required to be published on MEDQ’s website for or within a period.

(2)The period for which the thing is published on MEDQ’s website is taken to include any period before the commencement for which the thing was published on the department’s website.

246   Validation of particular extension and cancellation applications under Planning Act

(1)This section applies if, before the commencement—

(a)an extension application or a cancellation application was made or purportedly made under the Planning Act in relation to premises in an area; and

(b)the area was subsequently declared as a priority development area.

(2)The application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if new section 44 had applied to the application at the time it was made.

247   Validation of particular applications and decisions under Planning Act

(1)This section applies if, before the commencement—

(a)an area was declared as a priority development area; and

(b)a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and

(c)the application was decided or purportedly decided under that Act.

(2)The application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if the priority development area had not been declared.

248   Continued consideration of particular applications under Planning Act

(1)This section applies if—

(a)before the commencement, an area was declared as a priority development area; and

(b)before the commencement, a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and

(c)immediately before the commencement, the application had not lapsed or been decided under that Act.

(2)Despite new section 45, the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.

Schedule 1 Dictionary

section 6

additional land, for chapter 3, part 2, division 2B, see section 40G(2)(a).

affected instrument, for chapter 3, part 3A, see section 71AB(1).

affordable housing see section 7B.

amendment application see section 99(1).

annual report, for chapter 2, part 5, division 2, see section 32.

applicable event, for chapter 5, part 3B, see section 171D.

applicable event notice, for chapter 5, part 3B, see the Planning Act 2016, section 275E(2).

applicable event period, for chapter 5, part 3B, see the Planning Act 2016, section 275E(3)(a).

appropriately qualified, for a function or power, includes having the qualifications, experience or standing appropriate for the function or power.

Example of standing for an officer or employee of a department—

the officer or employee’s classification level in the department

approved form means a form approved by MEDQ under section 175.

assessment benchmarks see the Planning Act, section 43(1)(c).

authorising instrument, for an infrastructure expenses recoupment charge, see section 116B(2).

authority ...

authority member ...

board means the Economic Development Board established under section 130.

board member see section 132(1).

boundary change regulation see section 40F(1).

building work means building work under the Planning Act.

business day does not include a day between 26 December of a year and 1 January of the following year.

by-laws means by-laws made by MEDQ under section 54.

caretaker period means the election period for a general election under the Electoral Act 1992.

CEO see section 32Q(1).

change, for chapter 3, part 6, division 4, see section 117A.

charge area, for chapter 3, part 6, division 2, see section 116A.

charge notice, for chapter 3, part 6, division 3, see section 116G(1).

charging entity, for chapter 3, part 6, division 3, see section 116F.

close relative, of a board member, means the member’s—

(a)spouse; or

(b)parent or grandparent; or

(c)brother or sister; or

(d)child or grandchild.

commencement ...

committee member means a member of a local representative committee or a member of a local consultative committee.

communication, for chapter 5, part 3A, see section 171B(1) and (2)(b).

community infrastructure designation ...

compliance statement, in relation to a PDA development application, means a statement of the actions taken to comply with section 84 for the application.

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

criminal history of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

deal, in land or other property, includes—

(a)acquire, develop, dispose of, hold, lease, license the use or occupation of, manage, sublease and otherwise deal in or with the land or other property, or interests in the land or other property; and

(b)if the land or other property is contaminated by a hazardous contaminant—remediate the land or other property.

decision notice, for a PDA development application, see section 89(1).

declaration regulation—

(a)for chapter 3, part 2, division 1—see section 34(1); or

(b)for chapter 3, part 2, division 2—see section 37(1).

development, for chapter 3, see section 33(2).

development approval, for chapter 3, part 6, division 4, see section 117A.

development scheme, for a priority development area, other than a provisional priority development area, means a development scheme for the area, or part of the area, that takes effect under section 64, as amended from time to time.

distributor-retailer means a distributor-retailer established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

draft provisional land use plan, for a provisional priority development area, means the draft provisional land use plan for the area that takes effect under section 36(a).

drainage work see the Plumbing and Drainage Act 2018, schedule 1.

EDQ employee, for chapter 3, part 8, see section 122A.

EDQ employing office see section 32ZE(1).

enforcement order means an order made under chapter 3, part 5, division 1.

excluded land, for chapter 3, part 2, division 2B, see section 40G(2)(b).

executive officer means the executive officer of the EDQ employing office appointed under section 32ZK(1).

former entity, for chapter 6, see section 177.

former PDA-associated development—

(a)for chapter 3, part 2, division 4, subdivisions 2 and 3—see section 48(b); or

(b)for chapter 3, part 2, division 4A—see section 51AR(a)(ii).

former PDA land—

(a)for chapter 3, part 2, division 4, subdivisions 2 and 3—see section 48(a); or

(b)for chapter 3, part 2, division 4A—see section 51AR(a)(i).

former ULDA, for chapter 6, see section 177.

freehold land see the Land Act 1994, schedule 6.

Fund see section 25(1).

gazette resumption notice see the Acquisition of Land Act 1967, schedule 2.

government entity means an entity, other than a GOC, as defined under the Public Sector Act 2022, section 276.

hazardous contaminant see the Environmental Protection Act 1994, schedule 4.

housing agreement see section 122AA(2).

information request see section 83(1).

infrastructure includes land, roads, railways, facilities, services and works used for supporting economic development or development for community purposes.

infrastructure agreement means—

(a)an infrastructure agreement under the Planning Act; or

(b)a water infrastructure agreement.

infrastructure charges notice, for chapter 3, part 6, division 4, see section 117A.

infrastructure expenses recoupment charge see section 116B(2).

interim land use plan, for a priority development area, other than a provisional priority development area, means an interim land use plan for the area, or part of the area, that takes effect under section 39 or 40AC.

lawful use, of premises, includes—

(a)a use that is generally in accordance with a current rezoning approval given under—

(i)the repealed Local Government Act 1936, section 33(5)(k), to which section 33(5)(m) of that Act also applied; or

(ii)the repealed Local Government (Planning and Environment) Act 1990, section 4.5(6), 4.8(6), 4.10(6) or 8.10(9A); and

(b)a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under this Act, the Planning Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997.

licensed premises, for chapter 5, part 3B, see section 171H(2)(a)(ii).

local consultative committee see section 159A(a).

local representative committee means a committee established under section 158.

material change of use, of premises, see the Planning Act, schedule 2.

MEDQ see section 8(1).

MEDQ agent, for chapter 3, part 8, see section 122A.

MEDQ employee ...

minor administrative amendment, of a provisional land use plan, interim land use plan or development scheme, means—

(a)an amendment of the plan or scheme if MEDQ is satisfied—

(i)the amendment is made merely to reflect a part of a planning instrument or a part of an instrument made under an Act other than the Planning Act; and

(ii)adequate public consultation was carried out in relation to the making of the part; or

(b)an amendment of the plan or scheme if MEDQ is satisfied the amendment is made merely to reflect a PDA development approval; or

(c)an amendment correcting or changing—

(i)an explanatory matter about the plan or scheme; or

(ii)the format or presentation of the plan or scheme; or

(iii)a spelling, typographical, grammatical or mapping error in the plan or scheme; or

(iv)a factual matter incorrectly stated in the plan or scheme, including, for example, the categorisation of development that has changed under a regulation; or

(v)a redundant or outdated term in the plan or scheme; or

(vi)inconsistent numbering of provisions in the plan or scheme; or

(vii)a cross-reference in the plan or scheme; or

(d)another amendment of a minor nature prescribed by regulation.

minor boundary change see section 40F(1).

minor change, for chapter 3, part 6, division 4, see section 117A.

nominated assessing authority means—

(a)for a PDA development condition—the entity so nominated under section 88(a); or

(b)for a provision about a PDA development approval—a nominated assessing authority for a PDA development condition of the approval.

Northshore Hamilton urban development area means the urban development area under the repealed ULDA Act of that name that, under section 190, is taken to be a priority development area under this Act.

notice means a notice in writing.

notification requirements, for chapter 3, part 2, division 3, subdivision 2, means sections 42E, 42G, 42H and 42I.

operational plan means MEDQ’s operational plan made under chapter 2, part 5, division 3.

operational work see the Planning Act, schedule 2.

owner, of land, means the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent for it if it were let to a tenant at a rent.

PDA accepted development see section 33(4).

PDA assessable development see section 33(3).

PDA-associated development, for a priority development area, means development that is—

(a)declared to be PDA-associated development for the area under section 40C(1); or

(b)identified as PDA-associated development for the area in the relevant development instrument for the area.

PDA-associated land, for a priority development area, means land—

(a)on which PDA-associated development for the area is located or proposed to be located; and

(b)as described in the declaration, or identified in the relevant development instrument, for the PDA-associated development.

PDA change see section 42(1).

PDA development application means an application for a PDA development approval.

PDA development approval means a decision notice that—

(a)approves, wholly or partly, development applied for in a PDA development application (whether or not the approval has conditions attached to it); and

(b)is in the form of a PDA preliminary approval, a PDA development permit or a combination of both a PDA preliminary approval and a PDA development permit.

PDA development condition see section 85(4)(b).

PDA development offence means an offence against chapter 3, part 4, division 1.

PDA development permit see section 94(2).

PDA exempt development ...

PDA exemption certificate means a PDA exemption certificate given under section 71A.

PDA instrument change see section 40G(2)(a)(i).

PDA preliminary approval see section 94(1).

PDA self-assessable development ...

place renewal area see section 104AA.

place renewal area declaration, for chapter 3, part 4A, see section 104AC(1).

place renewal framework see section 104AA.

Planning Act means the Planning Act 2016.

Planning Act approval see section 51AH.

Planning and Environment Court ...

planning instrument means a planning instrument under the Planning Act.

planning instrument change—

(a)for chapter 3, part 2, division 2B—see section 40G(2)(b); or

(b)for chapter 3, part 2, division 3, subdivision 1—see section 41(2)(a) or (b); or

(c)for chapter 3, part 2, division 3, subdivision 2—see section 42(2); or

(d)for another provision—see section 40G(2)(b), 41(2)(a) or (b) or 42(2).

planning scheme ...

plumbing work see the Plumbing and Drainage Act 2018, schedule 1.

premises means—

(a)a building or other structure; or

(b)land, whether or not a building or other structure is situated on the land.

prescribed assessment manager, for a development application under the Planning Act, see schedule 2 of that Act.

priority development area means either of the following areas, as amended from time to time—

(a)an area declared under section 34 as a provisional priority development area;

(b)an area declared under section 37 as a priority development area.

properly made application see section 82(3).

properly made date, for a PDA development application, see section 82A(2).

proposer, of a planning instrument change—

(a)for chapter 3, part 2, division 2B—see section 40I(2); or

(b)for chapter 3, part 2, division 3, subdivision 2—see section 42A(2).

proposer’s website means—

(a)for a proposed instrument for a planning instrument change prepared by MEDQ—MEDQ’s website; or

(b)for a proposed instrument for a planning instrument change prepared by a relevant local government—the local government’s website.

provision, of infrastructure, for chapter 3, part 6, division 2, see section 116A.

provisional land use plan, for a provisional priority development area, means the provisional land use plan for the area that takes effect under section 36F, as amended from time to time under chapter 3, part 2, division 1, subdivision 2.

provisional priority development area means an area declared under section 34 to be a provisional priority development area, as the area is amended from time to time.

public response report, for chapter 3, part 2, division 3, subdivision 2, section 42I(2)(a).

public sector entity means any of the following—

(a)a department or part of a department;

(b)a local government;

(c)a government owned corporation;

(d)a rail government entity under the Transport Infrastructure Act 1994;

(e)another agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose;

(f)a distributor-retailer.

rateable land means rateable land under the Local Government Act 2009 or the City of Brisbane Act 2010.

receiver, for chapter 5, part 3A, see section 171A.

reconfiguring a lot see the Planning Act, schedule 2.

register means the register MEDQ keeps under section 172.

relevant approval, for chapter 3, part 6, division 4, see section 117A.

relevant area, for an affected instrument, for chapter 3, part 3A, see section 71AA.

relevant change, for chapter 5, part 3B, see section 171F(1).

relevant charge, for chapter 3, part 6, division 3, see section 116F.

relevant development, for a provision of this Act about a PDA development application, development approval under the Planning Act or PDA development approval, means the development, or proposed development, the subject of the application or approval.

relevant development instrument means—

(a)for a provisional priority development area—

(i)the draft provisional land use plan for the area; or

(ii)the provisional land use plan for the area; or

(b)for another priority development area—

(i)an interim land use plan for the area; or

(ii)a development scheme for the area.

relevant document, for chapter 5, part 3A, see section 171A.

relevant infrastructure amount, for chapter 3, part 6, division 4, see section 117A.

relevant land means—

(a)for a PDA development application—the land the subject of the application; or

(b)for a PDA development approval or a development approval under the Planning Act—the land the subject of the approval.

relevant local government, for a priority development area, land or a PDA development application, means each local government in whose area the priority development area, the land or the land the subject of the application is located.

relevant priority development area, for a provision of this Act about a relevant development instrument, PDA development application or PDA development approval, means the priority development area to which the instrument, application or approval relates.

remediate land or other property means—

(a)rehabilitate the land or other property; or

(b)restore the land or other property; or

(c)take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land or other property.

repealed ID Act means the repealed Industrial Development Act 1963.

repealed ULDA Act means the repealed Urban Land Development Authority Act 2007.

road means—

(a)an area of land dedicated to public use as a road; or

(b)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(c)a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d)a pedestrian or bicycle path; or

(e)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d).

sending time, for chapter 5, part 3A, see section 171B(3)(a).

serious environmental harm see the Environmental Protection Act 1994, section 17.

social housing see section 7A.

SPA development application ...

SPA development approval ...

SPA preliminary approval ...

special rate or charge means a special rate or charge levied under section 115.

State interest includes—

(a)an interest relating to the main purpose of this Act; and

(b)an interest that, in MEDQ’s opinion, affects an economic, community or environmental interest of the State or a region.

State land means—

(a)unallocated State land; or

(b)land held from the State under an interest less than fee simple.

State planning instrument see the Planning Act 2016, section 8(2).

strategic plan means MEDQ’s strategic plan made under chapter 2, part 5, division 3.

structure means anything built or constructed, whether or not attached to land.

submission means a written submission.

submission period—

(a)for a draft provisional land use plan—see section 36A(c)(ii); or

(b)for a proposed amendment, other than a minor administrative amendment, of a provisional land use plan—see section 36I(2)(b)(ii); or

(c)for a proposed instrument for a planning instrument change under chapter 3, part 2, division 3, subdivision 2—see section 42E(2)(b)(ii); or

(d)for a proposed development scheme—see section 59(b)(ii); or

(e)for a PDA development application—see section 84(4)(d).

superseding public sector entity, for infrastructure, means the public sector entity that will have responsibility for the infrastructure after the land in relation to which the infrastructure is provided ceases to be—

(a)in a priority development area; or

(b)PDA-associated land for a priority development area.

Sustainable Planning Act ...

temporary planning instrument see section 71AB(1).

temporary use licence, for chapter 5, part 3B, see section 171F(1).

transitioned UDA, for chapter 6, see section 177.

trunk infrastructure, for chapter 3, part 6, division 4, see section 117A.

unallocated State land see the Land Act 1994, schedule 6.

use, of premises, includes any ancillary use of the premises.

water approval means a water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

water connection aspect see section 51AR(c).

water infrastructure agreement means a water infrastructure agreement under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

work, without reference to a specific type of work, means—

(a)building work; or

(b)operational work; or

(c)plumbing work or drainage work.