Economic Development and Other Legislation Amendment Act 2019 (Qld)
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The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Economic Development and Other Legislation Amendment Act 2019.
2 Commencement
The following provisions commence on a day to be fixed by proclamation—(a)part 3;(b)part 6, division 3;(c)part 7, division 3;(d)part 10;(e)part 12;(f)part 14, division 3;(g)schedule 1, part 2.
Part 2 Amendment of Biosecurity Act 2014
3 Act amended
This part amends the Biosecurity Act 2014.
4 Amendment of s 9 (Relationship with particular Acts)
(1)Section 9(6), definition relevant Act, before paragraph (a)—
insert—(aa)Economic Development Act 2012;(2)Section 9(6), definition relevant Act, paragraphs (aa) to (f)—
renumber as paragraphs (a) to (g).
Part 3 Amendment of Building Act 1975
5 Act amended
This part amends the Building Act 1975.
6 Amendment of s 25 (General requirements for supporting documents)
(1)Section 25(2)(a)(ii), after ‘development permit,’—
insert—PDA development permit,
(2)Section 25(2)(c)—
omit, insert—(c)if the application relates to development mentioned in section 84(2)(a)(i) that may affect the position, height or form of the building work—how the building work is consistent with the provisions mentioned in section 84(2)(c)(i);(ca)if the application relates to development mentioned in section 84(2)(a)(ii) that may affect the position, height or form of the building work—how the building work is consistent with the provisions mentioned in section 84(2)(c)(ii);(3)Section 25(2)(ca) and (d)—
renumber as section 25(2)(d) and (e).
7 Amendment of s 83 (General restrictions on granting building development approval)
(1)Section 83(1)(a), ‘Planning Act, all necessary development permits’—
omit, insert—Planning Act and the Economic Development Act 2012, all necessary development permits and PDA development permits
(2)Section 83(1)(a), example, from ‘A proposal’ to ‘for—’—
omit, insert—A proposal involving building work also involves a material change of use, reconfiguring a lot and operational work under the Planning Act. The material change of use, reconfiguring a lot and operational work are categorised as assessable development under the Planning Act. The private certifier is engaged to carry out building assessment work and decide the building development application. The private certifier must not grant the building development approval applied for until, under the Planning Act, all necessary development permits are effective for—
(3)Section 83(1)—
insert—(ba)if the building development application is for a development permit for building work and a part of the building work is PDA-related development that is PDA assessable development—until a PDA development permit is in effect for the part; and(4)Section 83(2)(a), ‘permit’—
omit, insert—permit, or a PDA development application for each PDA development permit,
(5)Section 83(2)—
insert—(ba)if subsection (1)(ba) applies to the application—a PDA development application for a PDA development permit mentioned in the subsection;(6)Section 83(3), ‘subsection (2)(a), (b) or (c)’—
omit, insert—subsection (2)(a) to (c)
(7)Section 83(5)—
insert—PDA assessable development see the Economic Development Act 2012, section 33(3).PDA development application see the Economic Development Act 2012, schedule 1.
8 Amendment of s 84 (Approval must not be inconsistent with particular earlier approvals or accepted development)
(1)Section 84(1), ‘application if’—
omit, insert—building development application if
(2)Section 84(1)(a)—
omit, insert—(a)the application relates to either or both of the following approvals (each an earlier approval)—(i)a development approval given by the local government;(ii)a PDA development approval under the Economic Development Act 2012; and(3)Section 84(2)—
omit, insert—(2)Also, the private certifier must not approve the building development application if—(a)the application relates to—(i)development categorised as accepted development under a local planning instrument; or(ii)PDA-related development that is PDA accepted development under the Economic Development Act 2012; and(b)the development may affect the position, height or form of the building work; and(c)the building work is inconsistent with—(i)for an application in relation to development mentioned in paragraph (a)(i)—the provisions of the local planning instrument that apply to the development; or(ii)for an application in relation to development mentioned in paragraph (a)(ii)—the provisions of the relevant development instrument for the priority development area that apply to the development.Maximum penalty—165 penalty units.
(4)Section 84—
insert—(4)In this section—relevant development instrument see the Economic Development Act 2012, schedule 1.
9 Insertion of new ch 11, pt 20
Chapter 11—
insert—Part 20 Transitional provision for Economic Development and Other Legislation Amendment Act 2019
346 Existing building development applications
(1)The following provisions continue to apply in relation to an existing building development application as if the amending Act had not been enacted—(a)former section 25;(b)if chapter 4, part 6 applies in relation to the application—former sections 83 and 84.(2)In this section—amending Act means the Economic Development and Other Legislation Amendment Act 2019.existing building development application means a building development application made, but not decided, before the commencement.former, in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.
10 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—PDA development permit means a PDA development permit under the Economic Development Act 2012.PDA-related development means—(a)development in a priority development area; or(b)PDA-associated development for a priority development area under the Economic Development Act 2012.priority development area means a priority development area under the Economic Development Act 2012.
Part 4 Amendment of Building Queensland Act 2015
11 Act amended
This part amends the Building Queensland Act 2015.
12 Amendment of s 14 (Preparation of business cases for infrastructure proposals)
(1)Section 14(1)(a)—
omit, insert—(a)assist in the preparation of the business case for—(i)an infrastructure proposal with an estimated capital cost more than $50 (but less than $100) million or if the net present value of financial commitments entered into by the State for the proposal is estimated to be more than $50 (but less than $100) million; and(ii)an infrastructure proposal for an excluded project with an estimated capital cost of $100 million or more, or if the net present value of financial commitments entered into by the State for the proposal is estimated to be $100 million or more; and(2)Section 14(1)(b), after ‘infrastructure proposal’—
insert—(other than an infrastructure proposal for an excluded project)
(3)Section 14(1)—
insert—Note—
Subsection (4) provides for changes to an amount stated in this subsection.(4)Section 14—
insert—(4)On 1 July 2021, and every 5 years after that date at the start of 1 July, an amount stated in this section (including an amount that has already been increased by the application of this subsection) is increased, from the amount that applied immediately before that 1 July, by 10%.Example for subsection (4)—
On 1 July 2021, the amount stated in this section of $50 million is increased by 10% to $55 million. On 1 July 2026, the amount of $55 million is increased by 10% to $60.5 million.(5)Building Queensland is to publish on its website the amounts applying because of subsection (4).(6)In this section—excluded project means an infrastructure project for road transport infrastructure, other than a toll road—(a)that has an estimated capital cost of $500 million or less; or(b)for which the net present value of financial commitments entered into by the State is estimated to be $500 million or less.Note—
Subsection (4) provides for changes to an amount stated in this definition.road transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.toll road see the Transport Infrastructure Act 1994, section 92.
13 Amendment of s 15 (Preparation of infrastructure pipeline document)
Section 15(2), from ‘every’—
omit, insert—within 6 weeks after the tabling of the budget for the State for a financial year.
14 Amendment of s 25 (Membership of board)
Section 25—
insert—(6)A senior executive nominated by a chief executive under subsection (1)(c), (d) or (e) is a board member for the period decided by that chief executive.
Part 5 Amendment of Coastal Protection and Management Act 1995
15 Act amended
This part amends the Coastal Protection and Management Act 1995.Note—
See also the amendments in schedule 1, part 1.
16 Amendment of s 123 (Right to occupy and use land on which particular tidal works were, or are to be, carried out)
Section 123(4)—
omit, insert—(4)This section also applies in relation to operational work that is tidal works if the operational work—(a)is accepted development under the Planning Act; or(b)is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act.
Part 6 Amendment of Economic Development Act 2012
Division 1 Preliminary
17 Act amended
This part amends the Economic Development Act 2012.Note—
See also the amendments in schedule 1, parts 1 and 2.
Division 2 Amendments commencing on assent
18 Insertion of new s 19A
After section 19—
insert—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.
19 Amendment of s 33 (Development and its types)
(1)Section 33, heading, ‘its types’—
omit, insert—categories of development
(2)Section 33(3), before paragraph (a)—
insert—(aa)development that a regulation provides is PDA assessable development; or(3)Section 33(3)(aa) to (b)—
renumber as section 33(3)(a) to (c).(4)Section 33(4) and (5)—
omit, insert—(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.
20 Amendment of ch 3, pt 2, div 1, hdg (Declaration of provisional priority development areas and provisional land use plans)
Chapter 3, part 2, division 1, heading, after ‘priority development areas’—
insert—, draft provisional land use plans
21 Insertion of new ch 3, pt 2, div 1, sdiv 1, hdg
Before section 34—
insert—Subdivision 1 Making of declaration regulations, draft provisional land use plans and provisional land use plans
22 Amendment of s 34 (Declaration)
(1)Section 34(2)(b)(iii)—
omit, insert—(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made.(2)Section 34(3)—
omit.
23 Replacement of ss 35 and 36
Sections 35 and 36—
omit, insert—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 the department’s website; and(b)publish a gazette notice stating that the draft provisional land use plan has taken effect and is published on the department’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 the department’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 the department’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 the department’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 the department’s website.
24 Insertion of new ch 3, pt 2, div 1, sdiv 2
Chapter 3, part 2, division 1—
insert—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 the department’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 the department’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 the department’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 the department’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 the department’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 the department’s website.
25 Amendment of s 37 (Declaration)
(1)Section 37(2), after ‘declaration’—
insert—regulation
(2)Section 37(2)(b)(iii)—
omit, insert—(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made.(3)Section 37—
insert—(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).
26 Replacement of ss 38–40
Sections 38 to 40—
omit, insert—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 the department’s website; and(b)publish a gazette notice stating that the plan has taken effect and is published on the department’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 12 months after the plan takes effect.(2)However, if the declaration regulation for the priority development area stated an expiry date for the interim land use plan under section 37(3), the plan expires on the stated expiry date.(3)Also, if a caretaker period begins at any time before an interim land use plan would otherwise expire under subsection (1) or (2), the period before the plan expires is extended by a further period equal to the length of the caretaker period plus 20 business days.(4)For working out the length of a caretaker period for subsection (3), the day the caretaker period ends is taken to be a whole day.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 the department’s website; and(b)publish a gazette notice stating that the new plan is published on the department’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 the department’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 the department’s website.(8)Sections 40AA and 40AB(1), (3) and (4) apply to the new plan.
27 Amendment of s 40C (Declaration of PDA-associated development)
(1)Section 40C(2)(a), ‘that Act were to apply to it’—
omit, insert—the declaration were not made
(2)Section 40C(4)—
omit, insert—(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.
28 Insertion of new ch 3, pt 2, div 2B
Chapter 3, part 2—
insert—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; orExample—
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 declared40G 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.40J Consultation about proposed instrument for planning instrument change
Before preparing the proposed instrument for the planning instrument change, the proposer must—(a)either—(i)if MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or(ii)if the relevant local government is the proposer—consult with MEDQ; and(b)make reasonable endeavours to consult, in the way the proposer considers appropriate, with any government entity, GOC or other entity the proposer considers will be likely to be affected by the proposed planning instrument change.40K Making or approving planning instrument change
(1)This section applies if—(a)section 40G(2)(b) applies for any excluded land; and(b)the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J.(2)If the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval.(3)MEDQ must decide to—(a)approve the proposed instrument for the planning instrument change; or(b)approve the proposed instrument subject to conditions decided by MEDQ; or(c)refuse to approve the proposed instrument.(4)In making the decision under subsection (3), MEDQ must consider the main purpose of this Act.(5)If MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government—(a)for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3)(b); or(b)for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3)(b).(6)If MEDQ, under subsection (3)(b), approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions.40L When instruments take effect
(1)A PDA instrument change made under section 40H(2) and a planning instrument change made or approved under section 40K take effect on the commencement of the boundary change regulation making the minor boundary changes for which the instruments provide.(2)On giving a notice under section 40K(5), the planning instrument change is, for the Planning Act, taken to have been made by the relevant local government.(3)However—(a)the planning instrument change—(i)does not create a superseded planning scheme under the Planning Act; and(ii)is not an adverse planning change under that Act; and(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.(4)The Planning Act, sections 18, 20, 22 and 23 do not apply for making the planning instrument change.40M Notice of instruments for minor boundary change
(1)As soon as practicable after the boundary change regulation commences, MEDQ must—(a)publish on the department’s website—(i)the PDA instrument change made under section 40H(2); and(ii)if section 40G(2)(b) applied for any excluded land—the planning instrument change made or approved under section 40K; and(b)publish a gazette notice stating that the instruments mentioned in paragraph (a)(i) and (ii) have taken effect and are published on the department’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.(2)Also, if section 40G(2)(b) applied for any excluded land, the relevant local government must publish on its website the planning instrument change made or approved under section 40K.
29 Amendment of s 41 (Cessation of provisional priority development area)
(1)Section 41(2), ‘Subject to subsection (4), before’—
omit, insert—Before
(2)Section 41—
insert—(3A)However—(a)the planning instrument change—(i)does not create a superseded planning scheme under the Planning Act; and(ii)is not an adverse planning change under that Act; and(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.(3)Section 41(3A) to (6)—
renumber as section 41(4) to (7).
30 Amendment of s 42 (Revocation or reduction of priority development area)
(1)Section 42(1)—
omit, insert—(1)Subsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change) so land in a priority development area (the excluded land) will no longer be in the priority development area.(2)Section 42(2), ‘land’—
omit, insert—excluded land
(3)Section 42—
insert—(4)However, subsection (2) does not apply if—(a)under the regulation the subject of the Minister’s proposed recommendation—(i)a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37; and(ii)the declaration is to commence at the same time as the PDA change; or(b)the excluded land—(i)is within the master planned area for a priority port and a port overlay has effect for the master planned area; or(ii)is strategic port land under the Transport Infrastructure Act 1994, section 286; or(c)MEDQ is satisfied that—(i)without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or(ii)any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.(5)Also, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F(1)(b).(6)In this section—master planned area, for a priority port, see the Sustainable Ports Development Act 2015, section 6.port overlay see the Sustainable Ports Development Act 2015, section 19(1).priority port see the Sustainable Ports Development Act 2015, section 5.
31 Amendment of s 42C (Approval of proposed planning instrument change by MEDQ)
Section 42C(4), ‘include’—
omit, insert—comply with
32 Amendment of s 42E (Public notification)
(1)Section 42E(2)(b) and (c)—
omit, insert—(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—(i)stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and(ii)inviting persons to make submissions, within a stated period of at least 30 business days (the submission period), about the proposed instrument.(2)Section 42E(3)—
omit.
33 Amendment of s 42J (Approval of planning instrument change)
(1)Section 42J(4)(a), ‘, including’—
omit, insert—in compliance with
(2)Section 42J(4)(b), after ‘planning instrument change’—
insert—subject to any conditions decided under subsection (2)(b)
(3)Section 42J(5), ‘include’—
omit, insert—comply with
34 Amendment of s 42K (Effect of planning instrument change)
(1)Section 42K—
insert—(1A)However—(a)the planning instrument change—(i)does not create a superseded planning scheme under the Planning Act; and(ii)is not an adverse planning change under that Act; and(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.(2)Section 42K(1A) to (3)—
renumber as section 42K(2) to (4).
35 Amendment of s 42L (Notice of planning instrument change)
Section 42L(c), ‘priority development area to which the instrument relates’—
omit, insert—area of the relevant local government
36 Amendment of s 42M (Implied and uncommenced rights to use premises protected)
Section 42M(1)(b), ‘PDA self-assessable development or PDA exempt development’—
omit, insert—PDA accepted development
37 Insertion of new s 43A
Before section 44—
insert—43A References to declaration of area as priority development area
A reference in this subdivision to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.
38 Amendment of s 47 (Designation of premises for development of infrastructure under Planning Act)
(1)Section 47(1)(a)—
omit, insert—(a)the Planning Act, chapter 2, part 5 applies in relation to premises in, or partly in, a priority development area; and(2)Section 47(2)—
omit.
39 Replacement of ch 3, pt 2, div 4, sdiv 2 (Effect of cessation of priority development areas)
Chapter 3, part 2, division 4, subdivision 2—
omit, insert—Subdivision 2 Effect of cessation of priority development areas and PDA-associated development
48 Application of subdivision
This subdivision applies if—(a)land (the former PDA land) ceases to be in a priority development area; or(b)PDA-associated development (the former PDA-associated development) for a priority development area ceases to be PDA-associated development for the area.
49 References to cessation
In this subdivision—(a)a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and(b)a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.50 Existing PDA development approvals
(1)This section applies if, immediately before the cessation, a PDA development approval was in effect for the former PDA land or former PDA-associated development.(2)On the cessation, the PDA development approval is taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.(3)However, subsection (2) does not apply to the extent the PDA development approval involves a water connection aspect.Note—
For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval in effect immediately before the cessation, see division 4A.51 Existing PDA development applications
(1)This section applies to a PDA development application made, but not decided, before the cessation for the former PDA land or former PDA-associated development.(2)The PDA development application must continue to be decided under this Act as if—(a)the cessation had not happened; and(b)the PDA development application were being decided immediately before the cessation.(3)If a PDA development approval is given for the PDA development application, the approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.(4)However, subsection (3) does not apply to the extent the PDA development approval involves a water connection aspect.Note—
For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval given under this section, see division 4A.51AA Existing amendment applications
(1)This section applies if—(a)before the cessation, an amendment application has been made, but not decided, for a PDA development approval for the former PDA land or former PDA-associated development; and(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act.(2)The amendment application must continue to be decided under this Act as if—(a)the cessation had not happened; and(b)the PDA development approval were still a PDA development approval; and(c)the amendment application were being decided immediately before the cessation.(3)If a changed PDA development approval is given for the amendment application, the changed PDA development approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act.(4)However, subsection (3) does not apply to the extent the changed PDA development approval involves a water connection aspect.Note—
For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed PDA development approval given under this section, see division 4A.51AB Existing applications to extend currency period
(1)This section applies if—(a)before the cessation, an application has been made under section 101, but not decided, to extend the currency period of a PDA development approval for—(i)the former PDA land; or(ii)the former PDA-associated development; and(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act.(2)The application must continue to be decided under this Act as if—(a)the cessation had not happened; and(b)the PDA development approval were still a PDA development approval; and(c)the application were being decided immediately before the cessation.(3)If the decision is to grant the extension, the decision is taken to be a decision under the Planning Act, section 87 to extend the currency period of the development approval under that Act.(4)If the decision is to refuse the extension, the development approval under the Planning Act lapses on the later of the following to happen—(a)the currency period of the PDA development approval under this Act, including any extension of that period under section 102, ends;(b)the person who made the application is given notice of the decision under section 102(4).(5)Despite the Planning Act, section 229, a person may not appeal under that Act against the decision on the application.51AC Existing appeals to Planning and Environment Court
(1)This section applies if—(a)before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—(i)the former PDA land; or(ii)the former PDA-associated development; and(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act; and(c)immediately before the cessation, the appeal has not been decided.(2)The Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if—(a)the cessation had not happened; and(b)the PDA development approval were still a PDA development approval.(3)If the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act.(4)However, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.Note—
For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A.51AD Appeals to Planning and Environment Court after cessation
(1)This section applies if—(a)immediately before the cessation, a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—(i)the former PDA land; or(ii)the former PDA-associated development; and(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act; and(c)immediately before the cessation, the person has not appealed.(2)This section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened.(3)The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under section 90 as if—(a)the cessation had not happened; and(b)the PDA development approval were still a PDA development approval.(4)The appeal must be started within the period mentioned in section 90(3).(5)If the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act.(6)However, subsection (5) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.Note—
For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A.51AE Process for approving plans of subdivision
(1)This section applies if the process under section 104(2) for approving a plan of subdivision for the former PDA land had started, but not ended, before the cessation.(2)Section 104 continues to apply in relation to the plan of subdivision as if—(a)the cessation had not happened; and(b)for a plan of subdivision authorised or required under the part of a PDA development permit that, under section 50(2), becomes a development approval under the Planning Act—the PDA development permit were still a PDA development permit; and(c)for a plan of subdivision for reconfiguring a lot that, before the cessation, was PDA accepted development—the reconfiguration were still PDA accepted development.(3)For registering the plan of subdivision under the Land Title Act 1994, anything done by MEDQ under section 104 in relation to the plan is taken to have been done by the local government for the local government area to which the plan relates.(4)In this section—plan of subdivision see section 104(3).51AF Registering particular plans of subdivision approved before cessation
(1)This section applies if—(a)before the cessation, MEDQ approved a plan of subdivision for the former PDA land under section 104; and(b)immediately before the cessation, the plan of subdivision has not been registered under the Land Title Act 1994.(2)For registering the plan of subdivision under the Land Title Act 1994, anything done by MEDQ under section 104 in relation to approving the plan is taken to have been done by the local government for the local government area to which the plan relates.(3)In this section—plan of subdivision see section 104(3).51AG Lawful uses of premises
(1)This section applies if, immediately before the cessation—(a)a use of premises that are, or are on, former PDA land is a lawful use of the premises under this or another Act; or(b)a use of premises as a consequence of the carrying out of former PDA-associated development is a lawful use of the premises under this or another Act.(2)On and from the cessation, the use is taken to be a lawful use of the premises under the Planning Act.Subdivision 3 Dealing with converted PDA development approvals
51AH Application of subdivision
This subdivision applies if all or part of a PDA development approval becomes, under subdivision 2, a development approval under the Planning Act (a Planning Act approval).51AI Conditions and enforcement authorities under Planning Act
(1)A PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act, even if the condition could not be imposed under that Act.(2)The enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if—(a)for a Planning Act approval for former PDA land—the land had never been in a priority development area; and(b)for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and(c)a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.51AJ Proceedings about Planning Act approvals
(1)Despite the Planning Act, section 229, a person may not appeal under that Act in relation to—(a)the Planning Act approval or its conditions; or(b)a decision made under this Act in relation to the Planning Act approval or its conditions.(2)To remove any doubt, it is declared that subsection (1) does not limit or otherwise affect—(a)an appeal mentioned in section 51AC(1)(a) or brought under section 51AD; or(b)a right to bring an appeal under the Planning Act, section 229 against a decision on either of the following applications made under that Act for the Planning Act approval—(i)a change application;(ii)an extension application.(3)Subsection (4) applies to a proceeding under the Planning and Environment Court Act 2016, section 11 seeking a declaration in relation to—(a)the Planning Act approval or its conditions; or(b)a decision made under this Act in relation to the Planning Act approval or its conditions.(4)The proceeding may be brought only by the entity that is, under section 51AI(2), the enforcement authority under the Planning Act for the Planning Act approval.51AK Lapsing of Planning Act approvals
(1)Section 100(2) to (5) continues to apply in relation to the Planning Act approval, instead of the Planning Act, section 85—(a)as if a reference in section 100 to a PDA development approval were a reference to the Planning Act approval; and(b)subject to—(i)section 51AB(4); and(ii)any extension of the currency period of the PDA development approval given under this Act; and(iii)any extension of the currency period of the Planning Act approval given under the Planning Act; and(c)with any other necessary changes.(2)Subsection (3) applies if—(a)the Planning Act approval is for reconfiguring a lot; and(b)a plan for the reconfiguration was not given to MEDQ under section 100(2)(b) before the approval became a Planning Act approval.(3)Section 100(2)(b) applies in relation to the Planning Act approval as if a reference in the section to MEDQ were a reference to the local government for the local government area to which the approval relates.51AL Extension applications under Planning Act for Planning Act approvals
(1)For applying the relevant planning provisions to an extension application under the Planning Act for the Planning Act approval—(a)the approval’s currency period is taken to be the currency period applying for the Planning Act approval under section 100, as applied under section 51AK, including any extension of that period—(i)given under this Act for the PDA development approval; or(ii)given under the Planning Act; and(b)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act—(i)for the development the subject of the Planning Act approval; and(ii)at the time the extension application is made; and(c)a reference in the relevant planning provisions to a referral agency or concurrence agency includes a reference to—(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and(ii)another entity prescribed by regulation; and(d)a reference in the Planning Act, section 87(7) to section 85 of that Act includes a reference to section 100(2); and(e)the relevant planning provisions apply with any other necessary changes.(2)In this section—relevant planning provisions means the following provisions—(a)the Planning Act, sections 86 and 87;(b)the Planning Act, chapter 3, part 6;(c)the Planning Act, section 229;(d)the Planning Act, schedule 1, section 1, table 1, item 3;(e)the development assessment rules under the Planning Act.51AM Changes to Planning Act approvals that are minor changes for Planning Act
(1)This section applies if a change application is made under the Planning Act for the Planning Act approval.(2)Despite the Planning Act, schedule 2, definition minor change, the change to the Planning Act approval is a minor change for that Act unless—(a)the change results in substantially different development; or(b)the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act; or(c)both of the following apply—(i)a development application for the development the subject of the Planning Act approval, made under the Planning Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made;(ii)a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.51AN Responsible entities for change applications under Planning Act for Planning Act approvals
Despite the Planning Act, section 78A(1), the responsible entity for a change application made under that Act to change the Planning Act approval is—(a)if the change is, under section 51AM, a minor change to a condition of the Planning Act approval for which there was, under section 88(a), a nominated assessing authority—the nominated assessing authority; or(b)if the change is to another condition of the Planning Act approval that was a PDA development condition of the PDA development approval—the entity prescribed by regulation; or(c)if paragraphs (a) and (b) do not apply—the entity that would be the prescribed assessment manager for a development application made under the Planning Act—(i)for the development the subject of the Planning Act approval, including the change; and(ii)at the time the change application is made.51AO Change applications under Planning Act for Planning Act approvals
(1)For applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval—(a)a reference in the Planning Act, section 78A(2) or (3) to section 78A(1) of that Act includes a reference to section 51AN; and(b)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN(c); and(c)if the change is a minor change for the Planning Act under section 51AM—a reference in the relevant planning provisions to a referral agency includes a reference to—(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and(ii)another entity prescribed by regulation; and(d)the relevant planning provisions apply with any other necessary changes.(2)For applying the Planning Act, section 82 to the change application, a reference in section 82(2)(a)(ii) of that Act to the original development application includes a reference to the application for the PDA development approval.(3)If the responsible entity for the change application under the Planning Act must, in assessing the application, consider a matter mentioned in section 81(2)(d) or (da) of that Act—(a)section 81(4) and (5)(c) of that Act applies for the assessment as if a reference in that section to when the development application for the development approval was properly made were a reference to when the change application was made; and(b)section 81(5)(a) of that Act does not apply for the assessment.(4)In this section—relevant planning provisions means the following provisions—(a)the Planning Act, chapter 3, part 5, division 2, subdivision 2 other than section 78A(1) or 82;(b)the Planning Act, chapter 3, part 5, division 2, subdivision 3;(c)the Planning Act, chapter 3, part 6;(d)the Planning Act, section 229;(e)the Planning Act, schedule 1, section 1, table 1, item 2;(f)the development assessment rules under the Planning Act.51AP Cancellation applications under Planning Act for Planning Act approvals
(1)For applying the relevant planning provisions to a cancellation application under the Planning Act for the Planning Act approval—(a)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act—(i)for the development the subject of the Planning Act approval; and(ii)at the time the cancellation application is made; and(b)a reference in the relevant planning provisions to a referral agency includes a reference to—(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and
(ii)another entity prescribed by regulation; and(c)the relevant planning provisions apply with any other necessary changes.(2)In this section—relevant planning provisions means the following provisions—(a)the Planning Act, section 84;(b)the Planning Act, chapter 3, part 6;(c)the development assessment rules under the Planning Act.51AQ Other matters about Planning Act approvals
(1)Despite the Planning Act, section 119(2), the local government for the local government area to which the Planning Act approval relates must not give an infrastructure charges notice under that Act for the approval.(2)However, if a change application or extension application made under the Planning Act is approved for the Planning Act approval, the local government may give an infrastructure charges notice under that Act for the Planning Act approval if the notice relates to the change to, or extension of, the Planning Act approval.(3)Despite the Planning Act, section 139(1), a person can not make a conversion application under the Planning Act in relation to a condition of the Planning Act approval that was a PDA development condition of the PDA development approval.(4)A regulation may—(a)for the Planning Act, provide that development on former PDA land, or that is former PDA-associated development, is accepted development under that Act if—(i)the Planning Act approval implies the development is to be carried out; and(ii)immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and(iii)the development complies with any requirements for the development stated in the regulation; or(b)if a condition of the Planning Act approval requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or(c)make provision about another matter necessary or convenient to give effect to the transition from the PDA development approval to the Planning Act approval for which this Act does not make provision or sufficient provision.
40 Insertion of new ch 3, pt 2, div 4A
Chapter 3, part 2—
insert—Division 4A Relationship with South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
51AR Application of division
This division applies if—(a)either—(i)land (the former PDA land) ceases to be in a priority development area; or(ii)PDA-associated development (the former PDA-associated development) for a priority development area ceases to be PDA-associated development for the area; and(b)a PDA development approval—(i)was, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or(ii)is given under division 4, subdivision 2 for the former PDA land or former PDA-associated development; and(c)the PDA development approval involves an aspect (a water connection aspect) that—(i)is in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and(ii)for a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.51AS References to cessation
In this division—(a)a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and(b)a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.51AT Conversion of water connection aspects of PDA development approvals
(1)Subsection (2) applies if a water approval is in effect for the land to which the PDA development approval relates—(a)for a PDA development approval that was in effect for the former PDA land or former PDA-associated development immediately before the cessation—immediately before the cessation; or(b)otherwise—immediately before the PDA development approval is given.(2)The water connection aspect of the PDA development approval is taken to be part of the water approval.(3)If subsection (2) does not apply, the water connection aspect of the PDA development approval continues in effect as a PDA development approval—(a)as if the cessation had not happened; and(b)until the part of the PDA development approval that becomes, under division 4, subdivision 2, a Planning Act approval stops having effect.(4)However, if a water approval is given for the land to which the PDA development approval relates while the water connection aspect is in effect as a PDA development approval under subsection (3), the water connection aspect is taken to be part of the water approval.(5)To remove any doubt, it is declared that this section does not limit or otherwise affect a requirement under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for a water approval to be obtained for the making of a connection under that Act.51AU Provisions about water connection aspects that are taken to be part of water approvals
(1)This section applies if the water connection aspect of the PDA development approval is taken to be part of a water approval under section 51AT(2) or (4).(2)A PDA development condition of the water connection aspect is taken to be a water approval condition of the water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, even if the condition could not be imposed under that Act.(3)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, chapter 4C, part 4, there is no review or appeal right under that Act in relation to—(a)the part of the water approval that was the water connection aspect; or(b)a decision made under this Act in relation to the part of the water approval that was the water connection aspect.(4)To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect—(a)an appeal mentioned in section 51AC(1)(a) or brought under section 51AD; or(b)a review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, chapter 4C, part 4, in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.(5)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRCI(2), a distributor-retailer must not give an infrastructure charges notice under that Act for the part of the water approval that was the water connection aspect.(6)However, if the part of the water approval that was the water connection aspect is amended under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRAK, an infrastructure charges notice may be given under that Act in relation to the amendment.(7)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRDE(1), a person can not make a conversion application under that Act in relation to a condition of the water approval that was a PDA development condition.(8)A regulation may—(a)if the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or(b)make provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.
41 Amendment of s 53 (Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009)
(1)Section 53—
insert—(2A)A reference in subsection (1) to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.(2)Section 53(2A) and (3)—
renumber as section 53(3) and (4).
42 Amendment of s 54 (By-laws)
Section 54—
insert—(7)A by-law prescribed by regulation is taken, for the Environmental Protection Act 1994, schedule 1, section 3(a) and (b), to be a local law.
43 Replacement of s 56 (Development scheme required)
Section 56—
omit, insert—56 Development scheme required
(1)As soon as practicable after the priority development area is declared, MEDQ must make a development scheme, under this division, for the entire priority development area.(2)However, MEDQ may make more than 1 development scheme, under this division, for the priority development area if—(a)more than 1 interim land use plan was made under section 38 for the priority development area; and(b)each development scheme is made for 1 or more parts of the priority development area in which development is regulated by a single interim land use plan; and(c)together, the development schemes provide for the entire priority development area.(3)A development scheme is a statutory instrument.(4)To remove any doubt, it is declared that the development schemes mentioned in subsection (2) may be made at different times.
44 Amendment of s 57 (Content of development scheme)
(1)Section 57(1), ‘The’—
omit, insert—A
(2)Section 57(1) and (2), ‘area’—
omit, insert—relevant area
(3)Section 57(3)(b), ‘PDA self-assessable development in the area’—
omit, insert—PDA accepted development in the relevant area
(4)Section 57(3)(c) and (3A), ‘area’—
omit, insert—priority development area
(5)Section 57, after subsection (3)—
insert—(3AA)However, the land use plan may, under subsection (3)(c), identify development as PDA-associated development for the priority development area only if MEDQ is satisfied—(a)the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and(b)1 of the following applies—(i)the 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 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)has an economic or community benefit for the State or for the region in which the priority development area is located; and(C)can not reasonably be located or accommodated entirely within the priority development area;(iii)the development satisfies another requirement prescribed by regulation; and(c)the development does not compromise the implementation of the relevant development instrument for the priority development area.(6)Section 57(3A)(a), ‘PDA self-assessable development’—
omit, insert—PDA accepted development
(7)Section 57(3A)(b)—
omit.(8)Section 57(3A)(c) and (d)—
renumber as section 57(3A)(b) and (c).(9)Section 57(5)—
omit, insert—(5)In this section—relevant area, in relation to a development scheme for a priority development area, means—(a)if the scheme applies for the entire priority development area—the priority development area; or(b)otherwise—the part of the priority development area for which the scheme applies.(10)Section 57(3AA) to (5)—
renumber as section 57(4) to (7).
45 Amendment of s 58 (Preparation of proposed development scheme)
(1)Section 58(1), ‘area’—
omit, insert—entire priority development area, or part of the priority development area, as mentioned in section 56(1) or (2)
(2)Section 58(2)(b), ‘a development scheme for the area’—
omit, insert—the proposed development scheme
(3)Section 58—
insert—(3)In preparing the proposed development scheme, MEDQ—(a)must consider any relevant State interests; and(b)must consider, but is not bound by, a requirement under any of the following relevant to the area the subject of the proposed development scheme—(i)a planning instrument;(ii)assessment benchmarks prescribed by regulation under the Planning Act;(iii)assessment benchmarks made under another Act for the Planning Act.
46 Amendment of s 59 (Public notification)
(1)Section 59(1)(b) and (c)—
omit, insert—(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—(i)stating that the proposed scheme is published on the department’s website; and(ii)inviting persons to make submissions, within a stated period of at least 30 business days (the submission period), about the proposed scheme.(2)Section 59(2)—
omit.
47 Amendment of s 63 (Making of scheme)
(1)Section 63, heading, ‘scheme’—
omit, insert—development scheme
(2)Section 63—
insert—(3)Also, MEDQ must—(a)publish, on the department’s website, the development scheme made under subsection (1)(a); and(b)publish a gazette notice stating that the development scheme is published on the department’s website.
48 Replacement of s 64 (When proposed scheme takes effect)
Section 64—
omit, insert—64 When development scheme takes effect
The development scheme takes effect at the beginning of the day the gazette notice under section 63(3)(b) is published.
49 Amendment of s 65 (Notice of development scheme)
(1)Section 65(a)—
omit.(2)Section 65(b), ‘publish at least once in a newspaper circulating in the area’—
omit, insert—publish, at least once in a newspaper circulating in the area of the relevant local government,
(3)Section 65(b) and (c)—
renumber as section 65(a) and (b).
50 Amendment of s 67 (Power to amend to change land use plan)
(1)Section 67(2)(c), ‘section 59(2)’—
omit, insert—section 59(b)(ii)
(2)Section 67—
insert—(4)In this section—change, a land use plan, includes replace the land use plan.
51 Replacement of ss 68 and 69
Sections 68 and 69—
omit, insert—68 When amendment takes effect
An amendment of a development scheme takes effect at the beginning of the day the gazette notice under section 63(3)(b), as applied under section 67(2), is published in relation to the amendment.69 Notice of amendment
As soon as practicable after an amendment of a development scheme 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 scheme has been amended; and(b)the amended scheme is published on the department’s website.
52 Omission of s 70 (Tabling and inspection requirement)
Section 70—
omit.
53 Amendment of s 71 (Development scheme prevails over particular instruments)
(1)Section 71, heading, ‘Development scheme prevails’—
omit, insert—Development instruments prevail
(2)Section 71, ‘development scheme’—
omit, insert—development instrument
(3)Section 71—
insert—(2)In this section—development instrument means—(a)a draft provisional land use plan; or(b)a provisional land use plan; or(c)an interim land use plan; or(d)a development scheme.
54 Omission of s 74 (Compliance with requirements for carrying out PDA self-assessable development)
Section 74—
omit.
55 Amendment of s 85 (Deciding application generally)
(1)Section 85(1)—
insert—(d)if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan—(i)the development is categorised under a relevant local categorising instrument as accepted development; or(ii)both of the following apply—(A)the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;(B)if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.(2)Section 85—
insert—(6)In this section—relevant local categorising instrument, in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates.
56 Amendment of s 87 (Matters to be considered in making decision)
(1)Section 87(1)(d)—
omit, insert—(d)the following instruments—(i)for an application for development in, or PDA-associated development for, a provisional priority development area—(A)if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or(B)otherwise—the draft provisional land use plan for the area;(ii)for an application for development in, or PDA-associated development for, another priority development area—(A)if a development scheme is in effect for the area when the application is decided—the development scheme; or(B)if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or(C)if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and(2)Section 87—
insert—(3A)Subsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C(1)) for, a priority development area if—(a)more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or(b)1 or more development schemes and 1 or more interim land use plans are in effect for the area.(3B)A reference in subsection (1)(d)(ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is—(a)for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or(b)for an application for PDA-associated development (other than PDA-associated development declared under section 40C(1)) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development.(3)Section 87(4), definition State interest—
omit.(4)Section 87(2A) to (4)—
renumber as section 87(3) to (7).
57 Amendment of s 88 (PDA development conditions)
(1)Section 88—
insert—(ba)require compliance with an infrastructure agreement that relates to the relevant land; or(2)Section 88(ba) to (d)—
renumber as section 88(c) to (e).
58 Amendment of s 99 (Application to change PDA development approval)
Section 99(4)—
omit, insert—(4)Despite subsection (3), section 84(2) to (6) applies for the amendment application only in a circumstance mentioned in section 84(1)(c).
59 Amendment of s 108 (Effect of enforcement order)
Section 108(5)—
insert—root zone, of a tree or plant, means—(a)the roots of the tree or plant, including any buttress roots; or(b)the soil in or on which the roots are situated—(i)of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and(ii)to a depth of 1m below the surface of the soil.vegetation—(a)means a tree or plant, whether living or dead; and(b)includes—(i)the regrowth of a tree or plant; and(ii)the root zone of a tree or plant.
60 Amendment of s 116E (Making and levying of charge by superseding public sector entity)
(1)Section 116E(1)(b), from ‘the declaration regulation’ to ‘revoked so’—
omit.(2)Section 116E(3), ‘revocation of the declaration regulation’—
omit, insert—cessation
(3)Section 116E(3)(a), ‘relevant land’—
omit, insert—infrastructure
61 Amendment of s 119 (Exercise of discretion unaffected by infrastructure agreements)
Section 119(a), before ‘provisional land use plan’—
(i)for an appeal to the Court of Appeal—under the P&E Court Act; or(ii)otherwise—under this Act.(2)The person is taken to have always had a right to start the appeal.
183 Amendment of sch 2 (Dictionary)
(1)Schedule 2, definitions affected entity, assessment manager, chosen assessment manager, Judicial Review Act, pre-request response notice, prescribed assessment manager and response notice—
omit.(2)Schedule 2—
insert—affected entity, for a change application, see section 80(1).assessment manager, for a development application, see section 48.chosen assessment manager, for a development application, means the assessment manager for the application under section 48(3).communication, for chapter 7, part 4A, see section 275B(1) and (2)(b).PDA development approval means a PDA development approval under the Economic Development Act 2012.pre-request response notice see section 80(2).prescribed assessment manager, for a development application, means the assessment manager for the application under section 48(1).receiver, for chapter 7, part 4A, see section 275A.relevant document, for chapter 7, part 4A, see section 275A.response notice see section 80(4).sending time, for chapter 7, part 4A, see section 275B(3)(a).(3)Schedule 2, definition enforcement authority, paragraph (a)(i)—
omit, insert—(i)the prescribed assessment manager or the chosen assessment manager; or(4)Schedule 2, definition enforcement authority, paragraph (a)(iii), ‘assessment manager’—
omit, insert—prescribed assessment manager
(5)Schedule 2, definition enforcement authority, paragraph (a)—
insert—Note—
For the enforcement authority for development under a development approval that was a PDA development approval, see the Economic Development Act 2012, section 51AI.(6)Schedule 2, definition excluded application, paragraph (c)—
omit, insert—(c)a change application—(i)to change a development approval given or changed by the Minister for an application that was called in under a call in provision; and(ii)that is made to the Minister as the responsible entity.(7)Schedule 2, definition minor change, paragraph (a)(ii)(D) and (b)(ii)(D)—
omit, insert—(D)a referral agency, in assessing the application under section 55(2), to assess the application against, or have regard to, a matter, other than a matter the referral agency must have assessed the application against, or had regard to, when the application was made; or(8)Schedule 2, definition minor change, paragraph (b)—
insert—Note—
For when a change to a development approval that was a PDA development approval is a minor change, see also the Economic Development Act 2012, section 51AM.(9)Schedule 2, definition responsible entity, ‘section 78(3)’—
omit, insert—section 78A
Part 14 Amendment of Planning and Environment Court Act 2016
Division 1 Preliminary
184 Act amended
This part amends the Planning and Environment Court Act 2016.Note—
See also the amendments in schedule 1, part 1.
Division 2 Amendments commencing on assent
185 Amendment of s 11 (General declaratory jurisdiction)
Section 11—
insert—Note—
For a proceeding under this section in relation to a development approval that was a PDA development approval under the Economic Development Act 2012, see also section 51AJ(3) and (4) of that Act.
186 Amendment of pt 10, hdg (Savings and transitional provisions)
Part 10, heading, note—
omit.
187 Insertion of new pt 10, div 1, hdg
Part 10, before section 74—
insert—Division 1 Savings and transitional provisions for Act No. 26 of 2016
Note—
See also the Planning Act, chapter 8, part 2.
188 Amendment of s 74 (Definitions for part)
Section 74, ‘part’—
omit, insert—division
189 Amendment of s 76 (Proceedings)
Section 76(3), example—
omit, insert—Notes—
1For bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346.2For applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2.
190 Insertion of new pt 10, div 2
After section 78—
insert—Division 2 Transitional provisions for Economic Development and Other Legislation Amendment Act 2019
79 Application of division
This division applies to the following P&E Court proceedings—(a)a declaratory proceeding brought under this Act about a matter under the repealed SPA;(b)an appeal mentioned in the Planning Act, section 347(1);(c)an appeal brought under the Planning Act about a decision on an application mentioned in section 288(1) of that Act.80 Definition for division
In this division—repealed SPA means the repealed Sustainable Planning Act 2009.81 Applying s 37 and pt 6 to proceedings
(1)For applying section 37 to the proceeding—(a)a reference in that section to an enabling Act or the Planning Act includes a reference to the repealed SPA; and(b)a reference in that section to a development approval includes a reference to a development approval under the repealed SPA; and(c)a reference in that section to a development application includes a reference to a development application under the repealed SPA.(2)For applying part 6 to the proceeding—(a)a reference in section 58, definition costs and section 61(2) to the Planning Act includes a reference to the repealed SPA; and(b)a reference in section 60(1)(g) to a development application includes a reference to a development application under the repealed SPA; and(c)a reference in section 61(2) to a development approval includes a reference to a development approval under the repealed SPA; and(d)a reference in part 6 to an assessment manager, referral agency, applicant or submitter includes a reference to an assessment manager, referral agency, applicant or submitter under the repealed SPA.82 Appeals about particular applications under repealed SPA
(1)This section applies if the proceeding—(a)is started after the commencement; and(b)is an appeal mentioned in section 79(c).(2)For applying part 5, division 1 to the proceeding—(a)a reference in section 45(1)(a) or 46(5) or (6) to the Planning Act includes a reference to the repealed SPA; and(b)a reference in section 45(2) or 46 to a development application includes a reference to a development application under the repealed SPA; and(c)a reference in section 45(2) or 46(1) to a submitter includes a reference to a submitter under the repealed SPA; and(d)a reference in section 45(2) to an advice agency includes a reference to an advice agency under the repealed SPA.
Division 3 Amendments commencing by proclamation
191 Amendment of s 16 (ADR process)
Section 16(1), after ‘ADR registrar’—
insert—or mediator
192 Amendment of s 18 (Resolution agreement)
Section 18(1), after ‘ADR registrar’—
insert—, or mediator,
193 Amendment of s 19 (Documents to be filed)
Section 19(1), after ‘ADR registrar’—
insert—, or mediator,
194 Amendment of s 20 (Orders giving effect to resolution agreement)
Section 20(2), from ‘after’—
omit, insert—after the ADR registrar, or mediator, who conducted the ADR process files a certificate about the process under section 19(1).
195 Amendment of s 21 (Preservation of confidentiality)
Section 21, after ‘ADR registrar’—
insert—or mediator
196 Amendment of s 44 (Privileges, protection and immunity)
Section 44(2), ‘ADR registrar, the ADR registrar’—
omit, insert—ADR registrar, or a mediator under a referring order, the ADR registrar or mediator
197 Amendment of sch 1 (Dictionary)
Schedule 1—
insert—mediator means a person appointed as a mediator under a referring order.referring order means an order of the P&E Court referring a dispute the subject of a P&E Court proceeding to an ADR process.
Part 15 Amendment of Queensland Reconstruction Authority Act 2011
198 Act amended
This part amends the Queensland Reconstruction Authority Act 2011.Note—
See also the amendments in schedule 1, part 1.
199 Amendment of long title
Long title, from ‘with’—
omit, insert—Queensland communities to recover from disasters and improve resilience for potential disasters
200 Amendment of s 2 (Main purpose of Act)
Section 2, ‘disaster events’—
omit, insert—disasters
201 Amendment of s 3 (How main purpose is primarily achieved)
Section 3(c)—
omit, insert—(c)providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following—(i)the protection, rebuilding and recovery of affected communities;(ii)mitigating against potential disasters for affected communities;(iii)improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
202 Omission of s 6 (Meaning of disaster event)
Section 6—
omit.
203 Amendment of s 10 (Authority’s functions)
Section 10(1)—
omit, insert—(1)The main functions of the authority are as follows—(a)to coordinate the development and implementation of whole-of-government policies for—(i)managing flood risks; and(ii)ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and(iii)improving the resilience of communities for potential disasters through, for example, the betterment of the communities;(b)to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;(c)to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;(d)to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;(e)to coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;(f)to put into effect the strategic priorities of the board;(g)to ensure the protection, rebuilding and recovery of affected communities is—(i)effectively and efficiently carried out; and(ii)appropriate, having regard to the nature of the disaster;(h)to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;(i)to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;(j)if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
204 Amendment of s 30 (Membership of board)
(1)Section 30(1), from ‘7 persons’ to ‘follows—’—
omit, insert—the following persons (each a member)—
(2)Section 30(1)(d)—
omit, insert—(d)at least 3 other members.
205 Amendment of s 35 (Time and place of meetings)
Section 35(2), ‘once each month’—
omit, insert—8 times each year
206 Amendment of s 41 (Reporting by the board and chairperson)
(1)Section 41(1), ‘month’—
omit, insert—quarter
(2)Section 41(3)—
omit, insert—(3)The authority must keep a copy of each report given under subsection (1) or (2) on its website.
207 Amendment of s 42 (Declaration of declared project)
(1)Section 42(1)(a), ‘event’—
omit.(2)Section 42(1)(b)—
omit, insert—(b)the declaration is necessary to facilitate—(i)the protection, rebuilding and recovery of an affected community; or(ii)mitigating against potential disasters for an affected community; or(iii)improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
208 Amendment of s 43 (Declaration of reconstruction area)
(1)Section 43(2)(a), ‘event’—
omit.(2)Section 43(2)(b)—
omit, insert—(b)the declaration is necessary to facilitate a matter mentioned in section 42(1)(b).(3)Section 43(5), ‘the authority’s reconstruction function’—
omit, insert—a reconstruction function of the authority
209 Amendment of s 51 (Step-in notice)
Section 51(2), from ‘facilitate’—
omit, insert—facilitate a matter mentioned in section 42(1)(b).
210 Amendment of s 63 (Content of development scheme)
Section 63(2)(c), ‘the reconstruction function’—
omit, insert—each reconstruction function
211 Amendment of s 92 (Minister’s power to amend development approval)
Section 92(1), ‘the authority’s reconstruction function’—
omit, insert—a reconstruction function of the authority
212 Amendment of s 96 (Direction for authority to undertake works)
Section 96(1), ‘the authority’s reconstruction function’—
omit, insert—a reconstruction function of the authority
213 Amendment of s 98 (Application of State Development Act for works on foreshore or under waters)
Section 98, ‘the authority’s reconstruction function’—
omit, insert—a reconstruction function of the authority
214 Amendment of s 99 (Authority’s power to take land)
Section 99(1)(c), ‘the authority’s reconstruction function’—
omit, insert—a reconstruction function of the authority
215 Amendment of schedule (Dictionary)
(1)Schedule, definitions disaster event and reconstruction function—
omit.(2)Schedule—
insert—betterment, of a community, includes improving the community’s infrastructure so that the infrastructure is less likely to be damaged or otherwise affected by the impacts of a disaster.disaster see the Disaster Management Act 2003, section 13(1).mitigating, against a potential disaster, means reducing or eliminating—(a)the risk of the disaster happening; or(b)the potential impacts of the disaster.reconstruction function, of the authority, means any of the following functions of the authority—(a)the function mentioned in section 10(1)(g);(b)the function mentioned in section 10(1)(h) to the extent it relates to an affected community;(c)the function mentioned in section 10(1)(i) to the extent it relates to an affected community.resilience, of a community, means the ability of the community and its systems—(a)to recover from the impacts of a disaster, including, for example, the ability to restore essential infrastructure and community functions; and(b)to accommodate or adapt to the impacts of a disaster.(3)Schedule, definition affected community, ‘event’—
omit.
Part 16 Amendment of Sanctuary Cove Resort Act 1985
216 Act amended
This part amends the Sanctuary Cove Resort Act 1985.Note—
See also the amendment in schedule 1, part 1.
217 Amendment of s 4A (Meaning of approved use for a zone)
(1)Section 4A, after ‘a zone’—
insert—or part of a zone
(2)Section 4A, after ‘the zone’—
insert—or part
218 Amendment of s 9 (Town planning provisions)
(1)Section 9(3), from ‘a zone’ to ‘the zone’—
omit, insert—a part of a zone of the site for an approved use for the part
(2)Section 9(4), from ‘a zone’ to ‘the zone’—
omit, insert—a part of a zone of the site for a use that is not an approved use for the part
219 Amendment of s 12E (Town planning provisions)
(1)Section 12E(3), from ‘a zone’ to ‘the zone’—
omit, insert—a part of a zone of the adjacent site for an approved use for the part
(2)Section 12E(4), from ‘a zone’ to ‘the zone’—
omit, insert—a part of a zone of the adjacent site for a use that is not an approved use for the part
220 Amendment of s 12I (Amendment applications)
(1)Section 12I(1)(a), after ‘a zone’—
insert—or part of a zone
(2)Section 12I(1)(a)(ii), after ‘the zone’—
insert—or part
221 Amendment of s 12O (Approval of change of use for zone)
(1)Section 12O, heading, after ‘zone’—
insert—or part of zone
(2)Section 12O, after ‘a zone’—
insert—or part of a zone
222 Amendment of sch 1 (Names of and uses for zones)
(1)Schedule 1, part 2—
insert—•residential care facility•retirement facility(2)Schedule 1, part 3—
insert—residential care facility means premises used or intended for use for supervised accommodation, and medical and other support services, for persons who—(a)can not live independently; and(b)require regular nursing or personal care.Examples of a residential care facility—
a convalescent home or nursing homeretirement facility means premises used or intended for use for—(a)accommodation for older members of the community, or retired persons, in independent living units or serviced units; or(b)amenity and community facilities, a manager’s residence, health care and support services, preparing food and drink or staff accommodation, if the use is ancillary to the use mentioned in paragraph (a).
223 Amendment of sch 9 (Dictionary)
Schedule 9, definition approved use, after ‘zone’—
insert—or part of a zone
Part 17 Amendment of South Bank Corporation Act 1989
224 Act amended
This part amends the South Bank Corporation Act 1989.Note—
See also the amendments in schedule 1, part 1.
225 Amendment of s 4 (Meaning of assessable development)
Section 4(b)—
omit, insert—(b)development that—(i)is categorised as assessable development, or accepted development, by a regulation made under the Planning Act; or(ii)is accepted development under the Planning Act, section 44(6)(b)(ii);
Part 18 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
226 Act amended
This part amends the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.Note—
See also the amendment in schedule 1, part 1.
227 Amendment of s 99BRCI (When charge may be levied and recovered)
Section 99BRCI(2)—
insert—Note—
For the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012, see also section 51AU(5) and (6) of that Act.
228 Amendment of s 99BRDE (Application to convert infrastructure to trunk infrastructure)
Section 99BRDE(1)—
insert—Note—
For the making of a conversion application for the part of a water approval that was a PDA development approval under the Economic Development Act 2012, see also section 51AU(7) of that Act.
229 Amendment of s 99BRDO (Water infrastructure agreement prevails over water approval and infrastructure charges notice)
Section 99BRDO—
insert—(2)This section is subject to the Economic Development Act 2012, section 120A(4).Note—
See also the Economic Development Act 2012, section 120(5) for when an infrastructure agreement under the Planning Act applies instead of the part of a water approval that was part of a PDA development approval under that Act.
Part 19 Repeal
230 Repeal
The Southern Moreton Bay Islands Development Entitlements Protection Act 2004, No. 32 is repealed.
Part 20 Minor and consequential amendments
231 Legislation amended
Schedule 1 amends the legislation it mentions.
Schedule 1 Legislation amended
section 231
Part 1 Amendments commencing on assent
Coastal Protection and Management Act 1995
1 Section 110(c)(i) and (ii), after ‘for the application’—
insert—under the Planning Act
2 Section 206(3), ‘section 78(3)’—
omit, insert—section 78A
3 Schedule, definition referral agency—
omit.
Economic Development Act 2012
1 Section 40A, note, ‘section 57(3) and (3A)’—
omit, insert—section 57(3) and (5)
2 Section 42H(2), ‘and (3)’—
omit.
3 Section 129(3)(b)—
omit, insert—(b)an amendment application.
4 Section 160(1), ‘or an authority member under section 146(1)(c)(iii)’—
omit.
5 Particular references to authority member
Each of the following provisions is amended by omitting ‘, authority member’—•section 161•section 162(1)•section 171(1), note and (3), definition prescribed person, paragraph (a).
6 Section 169(1)(d) and (e)—
omit.
6A Section 169(1)(g)—
omit, insert—(g)a member of a local representative committee;
7 Section 169(1)(f) to (j)—
renumber as section 169(1)(d) to (h).
8 Section 169(3)—
omit.
9 Section 169(5), ‘subsection (4)’—
omit, insert—subsection (3)
10 Section 169(6), ‘or authority member’—
omit.
11 Section 169(8), ‘subsection (7)’—
omit, insert—subsection (6)
12 Section 169(4) to (9)—
renumber as section 169(3) to (8).
13 Section 174(2)(a), from ‘the board’ to ‘committees’—
omit, insert—the board, local representative committees and local consultative committees
Economic Development Regulation 2013
1 Section 4—
omit.
2 Section 5(2)—
omit.
3 Section 5(3)—
renumber as section 5(2).
4 Sections 5A and 5B—
omit.
5 Schedule 2—
omit.
6 Schedule 3, part 3—
omit.
7 Schedules 4 and 5—
omit.
Environmental Offsets Act 2014
1 Section 5(2)(a), ‘under the Planning Act’—
omit.
2 Schedule 2, definition assessment manager—
omit, insert—assessment manager means an assessment manager under the Planning Act.
3 Schedule 2, definition referral agency—
omit, insert—referral agency means a referral agency under the Planning Act.
Environmental Protection Act 1994
1 Schedule 1, section 3, note—
omit, insert—Notes—
1See the Economic Development Act 2012, section 54(7) in relation to by-laws made under that Act that are taken, for paragraphs (a) and (b), to be local laws.2See also the Major Events Act 2014, section 79 for an exemption from this Act for light and noise.
2 Schedule 4, definition referral agency—
omit, insert—referral agency, for a development application, means a referral agency for the application under the Planning Act.
Fisheries Act 1994
1 Schedule, definition assessment manager—
omit, insert—assessment manager means an assessment manager under the Planning Act.
Fisheries Regulation 2008
1 Schedule 11, part 2, definition referral agency—
omit.
Planning Act 2016
1 Sections 20(3), 22(2) and 23(5), ‘rules’—
omit, insert—Minister’s rules
2 Section 46(2)(a), ‘assessment manager’—
omit, insert—prescribed assessment manager
3 Section 59(1), ‘development’—
omit.
4 Section 61(1), ‘properly made development application’—
omit, insert—properly made application
5 Section 69, heading, ‘rules’—
omit, insert—development assessment rules
6 Section 70, heading, ‘rules’—
omit, insert—development assessment rules
7 Section 70(2), ‘to the rules’—
omit, insert—to the development assessment rules
8 Section 70(3), ‘rules’—
omit, insert—development assessment rules
9 Section 105(4)(a), ‘sections 45(3) to (7)’—
omit, insert—sections 45(3) to (8)
10 Section 105(4)(c), ‘section 81’—
omit, insert—sections 81 and 81A
11 Section 107(4), definition use or preservation covenant, ‘section 373A(4)’—
omit, insert—section 373A(5)(a) or (b)
12 Section 127(2), note, ‘sections 81(4)(a)’—
omit, insert—sections 81A(2)(a)
13 Section 228(1), ‘in offence proceedings’—
omit, insert—in a proceeding for an offence against this Act
Planning and Environment Court Act 2016
1 Section 13(5), note—
omit.
2 Section 46(2)(b), ‘subsection (7)’—
omit, insert—subsection (8)
3 Section 60(2), definition referral agency—
omit, insert—referral agency means a referral agency under the Planning Act.
Planning Regulation 2017
1 Section 21(1), ‘section 48(2)’—
omit, insert—section 48(1)
Queensland Building and Construction Commission Act 1991
1 Schedule 2, definition assessment manager—
omit, insert—assessment manager means an assessment manager under the Planning Act.
Queensland Reconstruction Authority Act 2011
1 Section 17(2)—
omit.
2 Part 3, division 1, heading—
omit.
3 Part 3, division 1, subdivision 1, heading—
omit, insert—Division 1 Establishment and functions
4 Part 3, division 1, subdivision 2, heading—
omit, insert—Division 2 Members
5 Section 31(1), ‘this subdivision’—
omit, insert—this division
6 Section 31(2)—
omit.
7 Part 3, division 1, subdivision 3, heading—
omit, insert—Division 3 Chairperson
8 Part 3, division 1, subdivision 4, heading—
omit, insert—Division 4 Proceedings of the board
9 Section 38(1), ‘this subdivision’—
omit, insert—this division
10 Part 3, division 1, subdivision 5, heading—
omit, insert—Division 5 Disclosure of conflict of interests and reporting requirements
11 Section 81(3), ‘sections 81 and 82’—
omit, insert—sections 81, 81A and 82
12 Part 10, division 2—
omit.
13 Schedule, definition assessment manager—
omit, insert—assessment manager means an assessment manager under the Planning Act.
14 Schedule, definition referral agency—
omit, insert—referral agency means a referral agency under the Planning Act.
Sanctuary Cove Resort Act 1985
1 Section 60(5A)(a) and (b), after ‘;’—
insert—and
South Bank Corporation Act 1989
1 Section 106, ‘section 255,’—
omit, insert—section 255
2 Section 127, ‘part 9,’—
omit, insert—part 9
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
1 Section 53(9), definition referral agency—
omit, insert—referral agency, for a development application, means a referral agency for the application under the Planning Act.
State Development and Public Works Organisation Act 1971
1 Schedule 2, definition referral agency—
omit, insert—referral agency means a referral agency under the Planning Act.
Sustainable Ports Development Act 2015
1 Section 19(4)(a), ‘, PDA self-assessable development or PDA exempt development’—
omit, insert—or PDA accepted development
2 Section 30(7), ‘section 60, 61, 81 or 82’—
omit, insert—section 60, 61, 81, 81A or 82
Transport Infrastructure Act 1994
1 Section 49A(4), ‘sections 55, 81 and 82’—
omit, insert—sections 55, 81, 81A and 82
2 Section 67(9), definition response period, paragraph (c), ‘section 81(5) or (6)’—
omit, insert—section 81A(3) or (4)(b)
3 Section 67(9), definition response period, paragraph (c), ‘section 81(7)’—
omit, insert—section 81A(5)
4 Section 258(4), ‘sections 55, 81 and 82’—
omit, insert—sections 55, 81, 81A and 82
5 Section 287A(4), ‘sections 55, 81 and 82’—
omit, insert—sections 55, 81, 81A and 82
6 Schedule 6, definition referral agency—
omit, insert—referral agency, for a development application or change application, means a referral agency for the application under the Planning Act.
7 Schedule 6, definition responsible entity, first and second occurring—
omit, insert—responsible entity—(a)for a change application—means the responsible entity for the application under the Planning Act; or(b)for chapter 12—see section 415.
Transport Planning and Coordination Act 1994
1 Section 8B(3), ‘sections 55, 81 and 82’—
omit, insert—sections 55, 81, 81A and 82
Vegetation Management Act 1999
1 Schedule, definition assessment manager—
omit.
Part 2 Amendments commencing by proclamation
City of Brisbane Regulation 2012
1 Section 63—
insert—Note—
See the Economic Development Act 2012, section 51AW in relation to the non-application of this provision to land subject to particular public thoroughfare easements.
Dispute Resolution Centres Act 1990
1 Section 2(1), definition referring order—
insert—(c)the Planning and Environment Court under the Planning and Environment Court Act 2016.
Economic Development Act 2012
1 Section 167, heading, ‘summary’—
omit.
2 Section 167, ‘a summary offence’—
omit, insert—an offence
Land Title Act 1994
1 Section 89—
insert—Note—
See also the Economic Development Act 2012, section 51AV and the Queen’s Wharf Brisbane Act 2016, section 58 in relation to the registration of public thoroughfare easements.
Local Government Regulation 2012
1 Section 63—
insert—Note—
See the Economic Development Act 2012, section 51AW in relation to the non-application of this provision to land subject to particular public thoroughfare easements.
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
1 Section 37(4), ‘subsection (4)’—
omit, insert—subsection (3)
2 Chapter 6, heading, from ‘and amendment’—
omit.
3 Chapter 6, part 1, heading—
omit.
© State of Queensland 2019
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