Integrated Planning and Other Legislation Amendment Act 2001 (Qld)

Integrated Planning and Other Legislation Amendment Act 2001

Queensland INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 Act No. 100 of 2001

Queensland INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 2—AMENDMENT OF INTEGRATED PLANNING ACT 1997 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Amendment of s 1.1.2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Amendment of s 1.2.3 (What advancing this Act’s purpose includes) . . . . . 17 6 Replacement of s 1.3.2 (Meaning of “development”) . . . . . . . . . . . . . . . . . . 17 1.3.2 Meaning of “development” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 Amendment of s 1.3.4 (Meaning of “lawful use”) . . . . . . . . . . . . . . . . . . . . 17 8 Replacement of s 1.3.5 (Deﬁnitions for terms used in “development”) . . . . 17 1.3.5 Deﬁnitions for terms used in “development”. . . . . . . . . . . . . . . . . . . 18 9 Replacement of ch 1, pt 4 (Uses and rights) . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 4—EXISTING USES AND RIGHTS PROTECTED 1.4.1 Lawful uses of premises on 30 March 1998 . . . . . . . . . . . . . . . . . . . 20 1.4.2 Lawful uses of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1.4.3 Lawfully constructed buildings and works protected . . . . . . . . . . . . 20 1.4.4 New planning instruments can not affect existing development approvals ......................................... 20 1.4.5 Implied and uncommenced right to use premises protected . . . . . . . 21 1.4.6 Strategic port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1.4.7 State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1.4.8 Sch 8 may still apply to certain development . . . . . . . . . . . . . . . . . . 22 10 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . . . . . . . . . 22

2 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 11 Insertion of new s 2.1.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.1.3A Core matters for planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12 Insertion of new s 2.1.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2.1.7A When superseded planning scheme may apply . . . . . . . . . . . . . . . . . 24 13 Replacement of s 2.1.16 (Meaning of “planning scheme policy”) . . . . . . . . 25 2.1.16 Meaning of “planning scheme policy” . . . . . . . . . . . . . . . . . . . . . . . 25 14 Amendment of s 2.1.18 (Adopting planning scheme policies in planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 15 Amendment of s 2.1.23 (Local planning instruments have force of law) . . . 26 16 Replacement of s 2.1.25 (Covenants not to be inconsistent with planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2.1.25 Covenants not to conﬂict with planning schemes . . . . . . . . . . . . . . . 26 17 Amendment of s 2.2.1 (Local government must review planning scheme every 6 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18 Replacement of s 2.2.5 (Local government must review benchmark development sequence annually) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2.2.5 Local government must review its priority infrastructure plan every 4 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Omission of ch 2, pt 2, div 2 (Review by independent reviewer) . . . . . . . . . 27 20 Replacement of s 2.6.1 (Who may designate land). . . . . . . . . . . . . . . . . . . . 27 2.6.1 Who may designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 21 Replacement of s 2.6.5 (How IDAS applies to designated land) . . . . . . . . . 28 2.6.5 How IDAS applies to designated land . . . . . . . . . . . . . . . . . . . . . . . . 28 22 Replacement of ss 2.6.7–2.6.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2.6.7 Matters the Minister must consider before designating land . 28 2.6.8 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2.6.9 Procedures if designation does not proceed. . . . . . . . . . . . . . . . . . . . 30 23 Amendment of s 2.6.12 (Designation of land by local governments). . . . . . 30 24 Amendment of s 2.6.15 (When designations do not cease) . . . . . . . . . . . . . 30 25 Replacement of s 2.6.19 (Request to acquire designated land under hardship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 2.6.19 Request to acquire designated land under hardship. . . . . . . . . . . . . . 31 26 Replacement of s 2.6.25 (Ministers may delegate certain administrative powers about designations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

3 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 2.6.25 Ministers may delegate certain administrative powers about designations ....................................... 32 27 Replacement of ch 3 (Integrated development assessment system (IDAS)) . 32 CHAPTER 3—INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM (IDAS) PART 1—PRELIMINARY 3.1.1 What is IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3.1.2 Development under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 3.1.3 Code and impact assessment for assessable development . . . . . . . . . 33 3.1.4 When is a development permit necessary . . . . . . . . . . . . . . . . . . . . . 34 3.1.5 Approvals under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3.1.6 Preliminary approval may override a local planning instrument . . . . 35 3.1.7 Assessment manager for development applications . . . . . . . . . . . . . 36 3.1.8 Referral agencies for development applications . . . . . . . . . . . . . . . . 38 3.1.9 Compliance assessor for requests for compliance assessment . . . . . 38 3.1.10 Codes under legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3.1.11 Self-assessable development and codes. . . . . . . . . . . . . . . . . . . . . . . 39 3.1.12 Exempt development and codes or planning instruments . . . . . . . . . 39 3.1.13 Stages of IDAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3.1.14 Native Title Act (Cwlth). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 2—APPLICATION STAGE Division 1—Application process 3.2.1 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . . . 40 3.2.2 Applications for works involving material change of use . . . . . . . . . 42 3.2.3 Non-acceptance notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 3.2.4 When applications must be endorsed as accepted . . . . . . . . . . . . . . . 43 Division 2—General matters about applications 3.2.5 Additional third party advice or comment . . . . . . . . . . . . . . . . . . . . . 43 3.2.6 Public scrutiny of applications and related material . . . . . . . . . . . . . 43 3.2.7 Changing an application (generally) . . . . . . . . . . . . . . . . . . . . . . . . . 44 3.2.8 Changing an application (that does not stop IDAS) . . . . . . . . . . . . . 45 3.2.9 Changing an application (that restarts IDAS for part of the application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

4 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 3.2.10 Changing an application (that restarts IDAS completely) . . . . . . . . . 3.2.11 Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2.12 Refunding fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—End of application stage 3.2.13 When does application stage end. . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—INFORMATION AND REFERRAL STAGE Division 1—Preliminary 3.3.1 Purpose of information and referral stage . . . . . . . . . . . . . . . . . . . . . 3.3.2 When information and referral stage applies . . . . . . . . . . . . . . . . . . . 3.3.3 When can information and referral stage start. . . . . . . . . . . . . . . . . . 3.3.4 Referral agency responses before application is made . . . . . . . . . . . Division 2—Information requests 3.3.5 Applicant gives material to referral agency . . . . . . . . . . . . . . . . . . . . 3.3.6 Applicant advises assessment manager . . . . . . . . . . . . . . . . . . . . . . . 3.3.7 Referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3.8 Information requests to applicant (generally) . . . . . . . . . . . . . . . . . . 3.3.9 Information requests to applicant (referral coordination) . . . . . . . . . 3.3.10 Applicant responds to any information request . . . . . . . . . . . . . . . . . 3.3.11 Referral agency advises assessment manager of response . . . . . . . . Division 3—Referral assistance 3.3.12 When referral assistance may be requested . . . . . . . . . . . . . . . . . . . . 3.3.13 Chief executive acknowledges receipt of referral assistance request 3.3.14 Chief executive may change information request . . . . . . . . . . . . . . . 3.3.15 Applicant may withdraw request for referral assistance . . . . . . . . . . Division 4—Referral agency assessment 3.3.16 Referral agency assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3.17 Referral agency assesses application . . . . . . . . . . . . . . . . . . . . . . . . . 3.3.18 Referral agency’s response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3.19 How a concurrence agency may change its response . . . . . . . . . . . . 3.3.20 Concurrence agency’s response powers. . . . . . . . . . . . . . . . . . . . . . . 3.3.21 Advice agency’s response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.3.22 When does information and referral stage end . . . . . . . . . . . . . . . . . 46 47 47 47 48 48 48 49 49 50 51 51 52 53 54 55 55 55 56 56 57 57 58 58 59 60

5 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 PART 4—NOTIFICATION STAGE Division 1—Preliminary 3.4.1 Purpose of notiﬁcation stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.2 When the notiﬁcation stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.3 When can the notiﬁcation stage start . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.4 When the application lapses if notiﬁcation stage not started. . . . . . . 3.4.5 When the notiﬁcation stage must be restarted . . . . . . . . . . . . . . . . . . Division 2—Public notiﬁcation 3.4.6 Public notice of applications to be given . . . . . . . . . . . . . . . . . . . . . . 3.4.7 Notiﬁcation period for applications . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.8 Requirements for certain notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.9 Notice of compliance to be given to assessment manager. . . . . . . . . 3.4.10 Circumstances when applications may be assessed and decided without certain requirements ......................... 3.4.11 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.4.12 Submissions made during notiﬁcation period effective for later notiﬁcation period .................................. Division 3—End of notiﬁcation stage 3.4.13 When does notiﬁcation stage end . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—DECISION STAGE Division 1—Preliminary 3.5.1 When does the decision stage start . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.2 Assessment necessary even if concurrence agency refuses application ....................................... Division 2—Assessment process 3.5.3 References in div 2 to codes, planning instruments, laws or policies 3.5.4 When assessment manager must not assess part of an application . . 3.5.5 Development requiring code assessment . . . . . . . . . . . . . . . . . . . . . . 3.5.6 Development requiring impact assessment or not requiring code assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.7 Assessment for s 3.1.6 preliminary approvals that override a local planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.8 Assessment manager may give weight to later codes, planning instruments, laws and policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 61 62 62 62 63 65 65 65 66 66 67 67 68 68 68 68 69 70 71 72

6 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 Division 3—Decision 3.5.9 Decision making period (generally) . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.10 Decision making period (changed circumstances) . . . . . . . . . . . . . . 3.5.11 Applicant may stop decision making period to make representations 3.5.12 Applicant may stop decision making period to request chief executive’s assistance ............................... 3.5.13 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.14 Decision if development requires code assessment . . . . . . . . . . . . . . 3.5.15 Decision for development not requiring code assessment . . . . . . . . . 3.5.16 Decision if application under s 3.1.6 requires assessment. . . . . . . . . 3.5.17 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Negotiated decision notices 3.5.18 Changing approvals during applicant’s appeal period . . . . . . . . . . . . 3.5.19 Applicant may suspend applicant’s appeal period . . . . . . . . . . . . . . . 3.5.20 When appeal period is automatically suspended . . . . . . . . . . . . . . . . 3.5.21 When balance of appeal period restarts . . . . . . . . . . . . . . . . . . . . . . . 3.5.22 When applicant’s appeal period starts again . . . . . . . . . . . . . . . . . . . Division 5—Approvals 3.5.23 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.24 When assessable development may start . . . . . . . . . . . . . . . . . . . . . . 3.5.25 When approval lapses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.26 Certain approvals to be recorded on planning scheme . . . . . . . . . . . 3.5.27 Approval attaches to land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Conditions 3.5.28 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.29 Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . . . . . 3.5.30 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.31 Conditions that can not be imposed. . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.32 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5.33 Covenants not to be inconsistent with development approvals . . . . . PART 6—CHANGING OR CANCELLING DEVELOPMENT APPROVALS 72 73 73 74 74 75 76 77 77 79 81 81 81 81 82 82 83 83 84 84 84 85 85 86 86

7 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 Division 1—Changing or cancelling development approval by application 3.6.1 Application to change or cancel a development approval . . . . . . . . . 3.6.2 Deciding entity must assess and decide application to change or cancel a development approval . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6.3 Deciding entity must give notice of decision. . . . . . . . . . . . . . . . . . . 3.6.4 Effect of notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Changing or cancelling conditions of development approval by assessment manager or concurrence agency 3.6.5 When conditions may be changed or cancelled by assessment manager or concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—COMPLIANCE STAGE Division 1—Preliminary 3.7.1 Purpose of compliance stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.2 When compliance stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.3 What may be assessed for compliance . . . . . . . . . . . . . . . . . . . . . . . 3.7.4 When compliance stage starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Compliance assessment 3.7.5 Process for compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.6 Regulation may prescribe additional requirements and actions . . . . 3.7.7 Effect of approvals under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.7.8 Approval of plan taken to be approval for other Acts . . . . . . . . . . . . 3.7.9 Codes for compliance assessment are not applicable codes . . . . . . . PART 8—MINISTERIAL POWERS FOR DEVELOPMENT APPLICATIONS AND APPROVALS Division 1—Ministerial direction 3.8.1 When Ministerial direction may be given . . . . . . . . . . . . . . . . . . . . . 3.8.2 Notice of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8.3 Effect of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Ministerial call in powers (development application) 3.8.4 When a development application may be called in . . . . . . . . . . . . . . 3.8.5 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8.6 Effect of call in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.8.7 Process if call in decision does not deal with all aspects of the application ...................................... 87 87 89 89 89 91 92 92 92 93 94 94 95 95 95 95 96 96 97 97 98

8 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 Division 3—Ministerial call in powers (changed or cancelled conditions) 3.8.8 Deﬁnition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3.8.9 When a change application may be called in. . . . . . . . . . . . . . . . . . . 99 3.8.10 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3.8.11 Effect of call in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 4—Report to Parliament 3.8.12 Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 28 Insertion of new s 4.1.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4.1.5A How court may deal with matters involving substantial compliance 101 29 Amendment of s 4.1.21 (Court may make declarations). . . . . . . . . . . . . . . . 102 30 Amendment of s 4.1.22 (Court may make orders about declarations) . . . . . 102 31 Amendment of s 4.1.23 (Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 32 Amendment of s 4.1.27 (Appeals by applicants) . . . . . . . . . . . . . . . . . . . . . 103 33 Replacement of s 4.1.28 (Appeals by submitters). . . . . . . . . . . . . . . . . . . . . 103 4.1.28 Appeals by submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 34 Amendment of s 4.1.29 (Appeals by advice agency submitters) . . . . . . . . . 104 35 Replacement of ss 4.1.30–4.1.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 4.1.30 Appeals for matters arising after approval given (co-respondents) . . 105 Division 9—Appeals to court about other matters 4.1.31 Appeals for matters arising after approval given (no co-respondents) 105 36 Amendment of s 4.1.33 (Stay of operation of enforcement notice) . . . . . . . 106 37 Amendment of s 4.1.40 (Certain appellants must obtain information about submitters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 38 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8)) . . . . . . . 106 4.1.41 Notice of appeal to other parties (div 8) . . . . . . . . . . . . . . . . . . . . . . 107 39 Replacement of s 4.1.43 (Respondent and co-respondents for appeals under div 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 4.1.43 Respondent and co-respondents for appeals under div 8. . . . . . . . . . 108 40 Replacement of s 4.1.45 (How a person may elect to be co-respondent) . . . 108 4.1.45 How an entity may elect to be a co-respondent . . . . . . . . . . . . . . . . . 109 41 Amendment of s 4.1.52 (Appeal by way of hearing anew). . . . . . . . . . . . . . 109 42 Omission of s 4.1.53 (Court may decide appeal even if particular requirements not complied with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

9 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 43 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . . . . . . . . . 109 44 Insertion of new s 4.2.9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 4.2.9A Appeals by persons requesting compliance assessment . . . . . . . . . . 110 45 Replacement of ss 4.2.10 and 4.2.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 4.2.10 Appeals by compliance assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 4.2.11 Appeals for matters arising after approval given (co-respondents) . . 110 46 Replacement of s 4.2.12 (Appeals for matters arising after approval given (no co-respondents)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 4.2.12 Appeals for matters arising after approval given (no co-respondents) . . . . . . . . . . . . . . . . . . . . . . . . . 111 47 Amendment of s 4.2.14 (Stay of operation of enforcement notice) . . . . . . . 111 48 Replacement of ss 4.2.17 and 4.2.18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 4.2.17 Notice of appeal to other parties (div 3) . . . . . . . . . . . . . . . . . . . . . . 112 4.2.18 Notice of appeal to other parties (div 4) . . . . . . . . . . . . . . . . . . . . . . 113 49 Replacement of s 4.2.33 (Matters the tribunal may consider in making a decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 4.2.33 Matters the tribunal may consider in making a decision . . . . . . . . . . 113 50 Amendment of s 4.2.34 (Appeal decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 113 51 Replacement of s 4.2.35A (Notice of compliance) . . . . . . . . . . . . . . . . . . . . 114 4.2.35A Notice of compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 52 Omission of s 4.3.2A (Certain assessable development must comply with codes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 53 Insertion of new s 4.3.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 4.3.4A Offences relating to compliance assessment . . . . . . . . . . . . . . . . . . . 114 54 Replacement of s 4.3.5 (Carrying on unlawful use of premises) . . . . . . . . . 115 4.3.5 Offences about the use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . 115 55 Amendment of s 4.3.8 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . 115 56 Amendment of s 4.3.11 (Giving enforcement notice). . . . . . . . . . . . . . . . . . 116 57 Amendment of s 4.3.13 (Speciﬁc requirements of enforcement notice). . . . 116 58 Replacement of s 4.3.16 (Processing application required by enforcement notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 4.3.16 Processing application or request required by enforcement notice . . 116 59 Replacement of ch 5, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 PART 1—INFRASTRUCTURE PLANNING AND FUNDING

10 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 Division 1—Non-trunk infrastructure 5.1.1 Conditions local governments may impose for non-trunk infrastructure ...................................... Division 2—Trunk infrastructure 5.1.2 Priority infrastructure plans for trunk infrastructure . . . . . . . . . . . . . 5.1.3 Funding trunk infrastructure for certain local governments . . . . . . . Division 3—Trunk infrastructure funding under an infrastructure charges schedule 5.1.4 Making or amending infrastructure charges schedules . . . . . . . . . . . 5.1.5 Key elements of an infrastructure charges schedule . . . . . . . . . . . . . 5.1.6 Infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.7 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.8 When infrastructure charges are payable. . . . . . . . . . . . . . . . . . . . . . 5.1.9 Agreements about, and alternatives to, paying infrastructure charges 5.1.10 Local government may supply different trunk infrastructure to that identiﬁed in an infrastructure charges schedule. . . . . . . . . . . . . . . . . 5.1.11 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . . . . Division 4—Trunk infrastructure funding under an infrastructure payments schedule 5.1.12 Making or amending infrastructure payments schedules . . . . . . . . . 5.1.13 Key elements of an infrastructure payments schedule. . . . . . . . . . . . 5.1.14 Infrastructure payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.15 Imposing conditions for infrastructure payments . . . . . . . . . . . . . . . 5.1.16 When payment must be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.17 Agreements about, and alternatives to, making infrastructure payments ........................................ 5.1.18 Local government may supply different trunk infrastructure to that identiﬁed in an infrastructure payments schedule . . . . . . . . . . . . . . . Division 5—Conditions local governments may impose for additional infrastructure costs 5.1.19 Conditions local governments may impose for additional infrastructure costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.20 Local government additional trunk infrastructure costs in priority infrastructure areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 117 117 118 119 119 120 121 121 122 123 123 123 124 124 125 126 127 127 129

11 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 5.1.21 Local government additional trunk infrastructure costs outside priority infrastructure areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Division 6—Miscellaneous 5.1.22 Agreements for infrastructure partnerships . . . . . . . . . . . . . . . . . . . . 130 5.1.23 Public notice of proposed sale of certain land held in trust by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 5.1.24 Local government to consider all submissions . . . . . . . . . . . . . . . . . 131 5.1.25 Sale extinguishes the trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 60 Replacement of s 5.2.1 (Meaning of “infrastructure agreement”) . . . . . . . . 131 5.2.1 Meaning of “infrastructure agreement” . . . . . . . . . . . . . . . . . . . . . . . 131 61 Omission of s 5.2.2 (Agreements may be entered into about infrastructure) 132 62 Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works) . . . . . . . . . . . . . . . . . . . 132 63 Amendment of s 5.4.2 (Compensation for reduced value of interest in land) 133 64 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 65 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 134 66 Amendment of s 5.7.4 (Documents assessment manager must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 135 67 Amendment of s 5.7.5 (Documents assessment manager must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 68 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 135 69 Amendment of s 5.7.7 (Documents chief executive must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 70 Replacement of s 5.7.9 (Limited planning and development certiﬁcates) . . 136 5.7.9 Limited planning and development certiﬁcates . . . . . . . . . . . . . . . . . 137 71 Amendment of s 5.7.10 (Standard planning and development certiﬁcates) . 137 72 Insertion of new ch 5, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 PART 7A—ENVIRONMENTAL IMPACT STATEMENTS Division 1—Preliminary 5.7A.1 When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 5.7A.2 Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Division 2—EIS process

12 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 5.7A.3 Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 5.7A.4 Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 5.7A.5 Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 5.7A.6 Preparation of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 5.7A.7 Public notiﬁcation of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 5.7A.8 Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 5.7A.9 Chief executive evaluates draft EIS, submissions and other relevant material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 5.7A.10 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 5.7A.11 Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 5.7A.12 Required content of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 5.7A.13 Who the chief executive must give EIS and other material to. . . . . 146 Division 3—How EIS process affects IDAS 5.7A.14 How IDAS applies for development the subject of an EIS . . . . . . . 146 Division 4—How EIS process affects designation 5.7A.15 Matters a designator must consider . . . . . . . . . . . . . . . . . . . . . . . . . 147 73 Amendment of s 5.8.2 (Regulation-making power) . . . . . . . . . . . . . . . . . . . 147 74 Amendment of s 5.8.4 (Application of Judicial Review Act 1991) . . . . . . . 147 75 Insertion of new s 5.8.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 5.8.8 Chief executive may issue guidelines . . . . . . . . . . . . . . . . . . . . . . . . 148 76 Amendment of s 6.1.28 (IDAS must be used for processing applications) . 149 77 Amendment of s 6.1.29 (Assessing applications (other than against the Standard Building Regulation)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 78 Amendment of s 6.1.31 (Conditions about infrastructure for applications) . 149 79 Replacement of s 6.1.35C (Applications requiring referral coordination) . . 150 6.1.35C Future effect of approvals for applications mentioned in s 3.1.6. . . 150 80 Omission of s 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances) 151 81 Replacement of ch 6, pt 2 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 PART 2—TRANSITIONAL PROVISIONS FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 6.2.1 Transitional provisions for infrastructure charges plans . . . . . . . . . . 151 6.2.2 References to operational work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

13 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 82 Amendment of sch 1 (Process for making or amending planning schemes) 152 83 Omission of schs 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 84 Replacement of sch 8 (Assessable, self-assessable and exempt development) 153 SCHEDULE 8 ASSESSABLE AND SELF–ASSESSABLE DEVELOPMENT SCHEDULE 9 DEVELOPMENT THAT IS EXEMPT DEVELOPMENT FOR A PLANNING SCHEME 85 Replacement of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 SCHEDULE 10 DICTIONARY PART 3—AMENDMENT OF BUILDING ACT 1975 86 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 87 Amendment of s 3 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 88 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 46A Fees for statutory functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 PART 4—AMENDMENT OF ELECTRICITY ACT 1994 89 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 90 Omission of ch 4, pt 4, div 4A (Inapplicability of planning schemes in relation to particular transmission entity operating works). . . . . . . . . . . . . . 181 91 Insertion of new s 112A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 112A Clearing native vegetation for operating works on freehold land . . . 182 92 Insertion of new ch 14, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 PART 4—TRANSITIONAL PROVISION FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 304 Application of Acts Interpretation Act, s 20 . . . . . . . . . . . . . . . . . . . 182 PART 5— AMENDMENT OF LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2000 93 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 94 Omission of s 62 (Amendment of s 5.3.5 of Act No. 69 of 1997) . . . . . . . . 183 PART 6—AMENDMENT OF SEWERAGE AND WATER SUPPLY ACT 1949 95 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 96 Amendment of s 2 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

14 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 PART 7— AMENDMENT OF WATER ACT 2000 97 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 98 Amendment of s 492 (Changing safety conditions) . . . . . . . . . . . . . . . . . . . 184 99 Amendment of schedule 2 (Amendments about planning matters) . . . . . . . 184 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 185 MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997

Queensland Integrated Planning and Other Legislation Amendment Act 2001 Act No. 100 of 2001 An Act to amend legislation about integrated planning, and for other purposes [Assented to 19 December 2001]

s 1 16 s 4 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Integrated Planning and Other Legislation Amendment Act 2001. 2 Commencement (1) Sections 3 (other than to the extent it relates to the schedule), 4, 19, 62, 86, 88 and part 5 commence on assent. (2) The remaining provisions of this Act commence on a day to be ﬁxed by proclamation. (3) The Acts Interpretation Act 1954 , section 15DA, 1 does not apply to this Act. PART 2—AMENDMENT OF INTEGRATED PLANNING ACT 1997 3 Act amended in pt 2 This part and the schedule amend the Integrated Planning Act 1997 . 4 Amendment of s 1.1.2 (Commencement) Section 1.1.2(2)— omit . 1 ActsInterpretationAct1954 , section 15DA (Automatic commencement of postponed law)

s 5 17 s 8 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 5 Amendment of s 1.2.3 (What advancing this Act’s purpose includes) Section 1.2.3(2)— omit, insert — ‘ (2) For subsection (1)(a)(iii), the precautionary principle is the principle that lack of full scientiﬁc certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage.’. 6 Replacement of s 1.3.2 (Meaning of “development”) Section 1.3.2— omit, insert — ‘1.3.2 Meaning of “development” ‘ “Development” is any of the following— (a) carrying out work; (b) reconﬁguring a lot; (c) making a material change of use of premises.’. 7 Amendment of s 1.3.4 (Meaning of “lawful use”) (1) Section 1.3.4, heading, at the end— insert— ‘ and “use” ’. (2) Section 1.3.4— insert — ‘ (2) “Use” , of premises, includes any ancillary use of the premises.’. 8 Replacement of s 1.3.5 (Deﬁnitions for terms used in “development”) Section 1.3.5— omit, insert —

s 8 18 s 8 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘1.3.5 Deﬁnitions for terms used in “development” ‘In this Act— “lot” means— (a) a lot under the Land Title Act 1994 ; 2 or (b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or (c) common property for a community titles scheme under the BodyCorporate and Community Management Act 1997 ; or (d) a lot or common property to which the Building Units and GroupTitles Act 1980 continues to apply; 3 or (e) a community or precinct thoroughfare under the MixedUseDevelopment Act 1993 ; or (f) a primary or secondary thoroughfare under the Integrated ResortDevelopment Act 1987 or the Sanctuary Cove Resort Act 1985 . “material change of use” , of premises, means— (a) the start of a new use of the premises; or (b) the re-establishment on the premises of a use that has been abandoned; or (c) a material increase in the intensity or scale of the use of the premises. 2 Land Title Act 1994 , schedule 2— “lot” means a separate, distinct parcel of land created on— (a) the registration of a plan of subdivision; or (b) the recording of particulars of an instrument; and includes a lot under the Building Units and Group Titles Act 1980 . 3 The Building Units and Group Titles Act 1980 may continue to apply to the following Acts— (a) the Integrated Resort Development Act 1987 ; (b) the Mixed Use Development Act 1993 ; (c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act1980 ; (d) the RegistrationofPlans(Stage2)(H.S.P.(Nominees)Pty.Limited)Enabling Act 1984 ; (e) the Sanctuary Cove Resort Act 1985 .

s 8 19 s 8 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “reconﬁguring a lot” means— (a) creating lots by subdividing another lot; or (b) amalgamating 2 or more lots; or (c) rearranging the boundaries of a lot by registering a plan of subdivision; or (d) dividing land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years) rendering different parts of a lot immediately available for separate disposition or separate occupation; or (e) creating an easement giving access to a lot from a constructed road. “work” — 1. “Work” includes each of the following— (a) building work; (b) plumbing work; (c) drainage work; (d) excavating or ﬁlling premises; (e) extracting clay, gravel, rock, sand, soil or other material from the place where it occurs naturally or from other premises; (f) operations of any kind and all things constructed or installed that allow taking, or interfering with, water (other than using a water truck to pump water) under the WaterAct2000 ; (g) subject to item 2(b), placing an advertising device on premises; (h) conducting a forest practice; (i) clearing vegetation on freehold land. 2. The term does not include— (a) clearing vegetation, other than on freehold land; or (b) placing a temporary advertising device on premises.’.

s 9 20 s 9 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 9 Replacement of ch 1, pt 4 (Uses and rights) Chapter 1, part 4— omit, insert — ‘PART 4—EXISTING USES AND RIGHTS PROTECTED ‘1.4.1 Lawful uses of premises on 30 March 1998 ‘To the extent an existing use of premises was lawful immediately before 30 March 1998, the use is taken to be a lawful use under this Act on 30 March 1998. ‘1.4.2 Lawful uses of premises protected ‘ (1) Subsection (2) applies if immediately before the commencement of a planning instrument or an amendment of a planning instrument the use of premises was a lawful use of the premises. ‘ (2) Neither the instrument nor the amendment can— (a) stop the use from continuing; or (b) further regulate the use; or (c) require the use to be changed. ‘1.4.3 Lawfully constructed buildings and works protected ‘To the extent a building or other work has been lawfully constructed or effected, neither a planning instrument nor an amendment of a planning instrument can require the building or work to be altered or removed. ‘1.4.4 New planning instruments can not affect existing development approvals ‘ (1) This section applies if— (a) a development approval exists for premises; and (b) after the approval is given, a new planning instrument or an amendment of a planning instrument commences.

s 9 21 s 9 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘ (2) To the extent the approval has not lapsed, 4 neither the planning instrument nor the amendment can stop or further regulate the development, or otherwise affect the approval. ‘1.4.5 Implied and uncommenced right to use premises protected ‘ (1) Subsection (2) applies if— (a) a development approval comes into effect for a development application or an approval is given under section 3.7.5; and (b) when the application was properly made, or the approval was requested, a material change of use, for a use implied by the application, was self-assessable development or exempt development; and (c) after the application was properly made, or the approval was requested, but before the use started, a new planning instrument, or an amendment of a planning instrument— (i) declared the material change of use to be assessable development; or (ii) changed an applicable code for the material change of use. ‘ (2) The use is taken to be a lawful use in existence immediately before the commencement of the new planning instrument or amendment if— (a) the development, the subject of the approval, is completed within the time stated for completion of the development in— (i) a permit; or (ii) this Act; and (b) the use of the premises starts within 5 years after the completion. ‘1.4.6 Strategic port land ‘Sections 1.4.1 and 1.4.3 apply to lawful uses of, and buildings and other works lawfully constructed on, strategic port land as if a reference to 30 March 1998 were a reference to 1 December 2000. 4 For when approvals lapse, see section 3.5.25 (When approval lapses).

s 10 22 s 11 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘1.4.7 State forests ‘For this Act, each of the following are lawful uses of a State forest— (a) conservation; (b) conducting a forest practice; (c) grazing; (d) recreation. ‘1.4.8 Sch 8 may still apply to certain development ‘Nothing in this part stops development in relation to a lawful use being assessable or self-assessable development under schedule 8 if the development starts after schedule 8 starts to apply to it.’. 10 Amendment of s 2.1.3 (Key elements of planning schemes) Section 2.1.3(1)(d) and (e)— omit, insert— ‘(d) includes a priority infrastructure plan. 5 ’. 11 Insertion of new s 2.1.3A After section 2.1.3— insert — ‘2.1.3A Core matters for planning schemes ‘ (1) Each of the following are “core matters” for the preparation of a planning scheme— (a) land use and development; (b) infrastructure; 6 5 For the contents of a priority infrastructure plan, see schedule 10, deﬁnition “priority infrastructure plan”. Other legislation also requires local governments to note certain matters on planning schemes, for example, the Mineral Resources Act 1989 , section 319 requires a local government to note on its planning scheme the existence of certain mining tenures. 6 The term “infrastructure” is deﬁned in schedule 10 (Dictionary).

s 11 23 s 11 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (c) valuable features. ‘ (2) In subsection (1)(a)— “land use and development” includes each of the following— (a) the location of, and the relationships between, various land uses; (b) the effects of land use and development; (c) how mobility between places is facilitated; (d) accessibility to areas; (e) development constraints (including, but not limited to, population and demographic impacts). ‘ (3) In subsection (1)(b)— “infrastructure” includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, their capacities and thresholds for augmentation. ‘ (4) In subsection (1)(c)— “valuable features” includes each of the following, whether terrestrial or aquatic— (a) resources or areas that are of ecological signiﬁcance (such as habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil); (b) areas contributing signiﬁcantly to amenity (such as areas of high scenic value, physical features that form signiﬁcant visual backdrops or that frame or deﬁne places or localities, and attractive built environments); (c) areas or places of cultural heritage signiﬁcance (such as areas or places of indigenous cultural signiﬁcance, or aesthetic, architectural, historical, scientiﬁc, social or technological signiﬁcance, to the present generation or past or future generations); (d) resources or areas of economic value (such as extractive deposits, ﬁshery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land).’.

s 12 24 s 12 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 12 Insertion of new s 2.1.7A After section 2.1.7— insert — ‘2.1.7A When superseded planning scheme may apply ‘ (1) Despite section 2.1.7, a person may ask a local government to apply a superseded planning scheme to premises for— (a) carrying out particular assessable development that was exempt or self-assessable under the superseded planning scheme; or (b) assessing and deciding a proposed development application (superseded planning scheme) for particular assessable development. ‘ (2) Subsection (1) applies only if the request is— (a) in the approved form; and (b) accompanied by the fee ﬁxed by resolution of the local government; and (c) made within 2 years after— (i) the planning scheme, or planning scheme policy, creating the superseded planning scheme was adopted; or (ii) the amendment creating the superseded planning scheme was adopted. ‘ (3) The local government must keep the request available for inspection and purchase from the time the local government receives the request until the request is decided or subsection (9) applies. ‘ (4) The local government must decide the request within 20 business days after the local government receives the request. ‘ (5) The local government may, by written notice given to the person making the request and without the person’s agreement, extend the period mentioned in subsection (4) by not more than 10 business days. ‘ (6) Only 1 notice may be given under subsection (5) and it must be given before the period ends. ‘ (7) In deciding the request, the local government must decide to— (a) agree to the request; or

s 13 25 s 14 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) refuse the request. ‘ (8) The local government must, within 5 business days after making its decision, give the person written notice of the decision. ‘ (9) If the local government does not decide the request within the period mentioned in subsection (4) or the extended period mentioned in subsection (5), the local government is taken to have agreed to the request. ‘ (10) If a request made under subsection (1)(a) is agreed to, or is taken to have been agreed to, 7 the superseded planning scheme applies for carrying out the development if the development is substantially started within— (a) if the development is a material change of use—4 years after the person is given, or should have been given, notice of the local government’s decision; or (b) if paragraph (a) does not apply—2 years after the person is given, or should have been given, notice of the local government’s decision.’. 13 Replacement of s 2.1.16 (Meaning of “planning scheme policy”) Section 2.1.16— omit, insert — ‘2.1.16 Meaning of “planning scheme policy” ‘A “planning scheme policy” is an instrument that— (a) supports the local dimension of a planning scheme by providing guidance about the exercise of discretion under the dimension; and (b) is made by a local government under this division. 8 ’. 14 Amendment of s 2.1.18 (Adopting planning scheme policies in planning schemes) Section 2.1.18— 7 If subsection (10) does not apply to a decision about a request, a development application (superseded planning scheme) may be made. 8 The Minister also may make a planning scheme policy if the local government fails to comply with a direction under section 2.3.2.

s 15 26 s 17 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 insert — ‘ (2) A planning scheme policy must not apply, adopt or incorporate another document prepared by the local government.’. 15 Amendment of s 2.1.23 (Local planning instruments have force of law) Section 2.1.23(4)— omit, insert — ‘ (4) A planning scheme policy can not— (a) declare development to be self-assessable or assessable; or (b) declare development to be impact or code assessable; or (c) regulate development on, or the use of, premises by, for example— (i) including a process about development or use; or (ii) imposing mandatory rules about development or use; or (d) regulate an activity not mentioned in paragraph (c).’. 16 Replacement of s 2.1.25 (Covenants not to be inconsistent with planning schemes) Section 2.1.25— omit, insert— ‘2.1.25 Covenants not to conﬂict with planning schemes ‘Subject to section 3.5.33, a covenant under the LandAct1994 , section 373A(4) or the Land Title Act 1994 , section 97A(3)(a) or (b) is of no effect to the extent it conﬂicts with a planning scheme— (a) for the land subject to the covenant; and (b) in effect when the document creating the covenant is registered.’. 17 Amendment of s 2.2.1 (Local government must review planning scheme every 6 years) (1) Section 2.2.1, heading, ‘ 6 ’—

s 18 27 s 20 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 omit, insert— ‘ 8 ’. (2) Section 2.2.1(1)(a) and (b), ‘6’— omit, insert — ‘8’. 18 Replacement of s 2.2.5 (Local government must review benchmark development sequence annually) Section 2.2.5— omit, insert — ‘2.2.5 Local government must review its priority infrastructure plan every 4 years ‘ (1) Each local government prescribed under a regulation must review its priority infrastructure plan at least once every 4 years. ‘ (2) The review must be conducted in consultation with the State agencies that participated in the preparation of the plan. ‘ (3) However, before consulting with the State agencies, the local government must assess the factors affecting the plan since the last review and advise the agencies of any proposed amendments to the plan.’. 19 Omission of ch 2, pt 2, div 2 (Review by independent reviewer) Chapter 2, part 2, division 2— omit . 20 Replacement of s 2.6.1 (Who may designate land) Section 2.6.1— omit, insert — ‘2.6.1 Who may designate land ‘A Minister or a local government (a “designator” ) may, under this part, designate land for community infrastructure. 9 ’.

s 21 28 s 22 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 21 Replacement of s 2.6.5 (How IDAS applies to designated land) Section 2.6.5— omit, insert — ‘2.6.5 How IDAS applies to designated land ‘Development under a designation is exempt development, to the extent the development is either, or both, of the following— (a) self-assessable development or assessable development under a planning scheme; (b) the reconﬁguration of a lot.’. 22 Replacement of ss 2.6.7–2.6.9 Sections 2.6.7 to 2.6.9— omit, insert— ‘2.6.7 Matters the Minister must consider before designating land ‘ (1) Before designating land, the Minister must be satisﬁed that, for the development, the subject of the proposed designation— (a) adequate environmental assessment has been carried out under section 1.2.3; 10 and (b) in carrying out environmental assessment under paragraph (a), there was adequate public consultation; and (c) adequate account has been taken of issues raised during the public consultation. ‘ (2) The Minister must also consider every properly made submission under subsection (4). ‘ (3) For subsection (1)(b), adequate consultation has been carried out if— 9 In this part, “Minister” includes any Minister of the Crown. See deﬁnition “Minister” in schedule 10 (Dictionary). 10 See also section 1.2.2 (Advancing Act’s purpose).

s 22 29 s 22 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) the consultation has been carried out in accordance with guidelines made by the chief executive under section 5.8.8 for assessing the impacts of the development; or (b) the process under chapter 3, part 4, has been completed for a development application for the community infrastructure to which the designation relates; or (c) the process under chapter 5, part 7A, division 2, has been completed for an EIS for development for the community infrastructure; or (d) the process under schedule 1, section 12, has been carried out for a planning scheme, or an amendment of a planning scheme, that includes the community infrastructure; or (e) the coordinator-general has, under the StateDevelopmentandPublicWorksOrganisationAct1971 , section 35, 11 prepared a report evaluating an EIS for development for the community infrastructure; or (f) the process under the EnvironmentalProtectionAct1994 , chapter 3, part 1 12 has been completed for an EIS for development for the community infrastructure. ‘ (4) However, if written notice of the proposed designation has not been given to each of the following entities about an action mentioned in subsection (3), the Minister must give written notice of the proposed designation to the entities inviting submissions about the proposed designation— (a) the owner of any land to which the proposed designation applies; (b) each local government the Minister is satisﬁed the designation affects. ‘ (5) A notice given under subsection (4) must give the entities not less than 15 business days to make a submission. 11 StateDevelopmentandPublicWorksOrganisationAct1971 , section 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report) 12 Environmental Protection Act 1994 , chapter 3 (Environmental impact statements), part 1 (EIS process)

s 23 30 s 24 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘2.6.8 Procedures after designation ‘ (1) If the Minister designates land, the Minister must give a notice to— (a) each owner of the land; and (b) each local government given a notice under section 2.6.7(4)(b). ‘ (2) The notice must state each of the following— (a) the designation has been made; (b) the description of the land; (c) the type of community infrastructure for which the land has been designated; (d) any matters mentioned in section 2.6.4 and included as part of the designation. ‘ (3) The Minister must also publish a gazette notice stating the matters mentioned in subsection (2)(a) to (c). ‘2.6.9 Procedures if designation does not proceed ‘If the Minister decides not to proceed with a proposed designation, the Minister must give a notice, stating that the designation will not proceed, to any person given a notice under section 2.6.8(1).’. 23 Amendment of s 2.6.12 (Designation of land by local governments) Section 2.6.12(1), ‘including’— omit, insert — ‘using the process stated in schedule 1 to include’. 24 Amendment of s 2.6.15 (When designations do not cease) (1) Section 2.6.15(1)(a), after ‘owns’— insert — ‘, or has a public utility easement over,’. (2) Section 2.6.15(1)(b), after ‘owns’— insert —

s 25 31 s 25 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘, or has a public utility easement, for the same purpose as the designation, over,’. 25 Replacement of s 2.6.19 (Request to acquire designated land under hardship) Section 2.6.19— omit, insert — ‘2.6.19 Request to acquire designated land under hardship ‘ (1) Subsection (3) applies if the owner of an interest in designated land (the “designated interest” ) is suffering hardship because of the designation. ‘ (2) However, subsection (3) does not apply if— (a) the designated land is land— (i) over which there is an existing public utility easement; or (ii) for which a process has started under the AcquisitionofLand Act 1967 to acquire a public utility easement; and (b) the designation is for community infrastructure for which the easement exists or is being acquired. ‘ (3) The owner may ask the designator to buy— (a) the designated interest; or (b) if the owner has an interest in adjoining land and retaining the interest without the designated interest would also cause the owner hardship—the designated interest and the interest in the adjoining land. ‘ (4) The designator must, within 40 business days after the request is received, decide to— (a) grant the request; or (b) take other action under section 2.6.21; or (c) refuse the request. ‘ (5) In deciding whether or not the owner is suffering hardship, the designator must consider each of the following—

s 26 32 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) whether the owner must sell an interest mentioned in subsection (3)(a) or (b) without delay for personal reasons, including to avoid loss of income, and has tried unsuccessfully to sell the interest at a fair market value (disregarding the designation); (b) whether the owner has a genuine intent to develop the interest, but development approval has been, or is likely to be, refused because of the designation; (c) the extent to which development would be viable because of the designation if the owner exercised rights conferred under any development approval. ‘ (6) In this section— “adjoining land” means land— (a) adjoining designated land; and (b) in which the owner of the designated land has an interest.’. 26 Replacement of s 2.6.25 (Ministers may delegate certain administrative powers about designations) Section 2.6.25— omit, insert — ‘2.6.25 Ministers may delegate certain administrative powers about designations ‘A Minister may delegate the Minister’s powers under sections 2.6.8, 2.6.9 and 2.6.20 to 2.6.23 to— (a) the chief executive or a senior executive of any department for which the Minister has responsibility; or (b) the chief executive ofﬁcer of a public sector entity.’. 27 Replacement of ch 3 (Integrated development assessment system (IDAS)) Chapter 3— omit, insert —

s 27 33 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘CHAPTER 3—INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM (IDAS) ‘PART 1—PRELIMINARY ‘3.1.1 What is IDAS ‘ “IDAS” is the system detailed in this chapter for integrating assessment and approval processes for development. ‘3.1.2 Development under this Act ‘ (1) Under this Act, all development is exempt development unless it is assessable development or self-assessable development. 13 ‘ (2) Development may also be compliant development requiring compliance assessment. ‘ (3) Schedule 9 identiﬁes development that is exempt development for a planning scheme or a temporary local planning instrument. ‘ (4) To the extent a planning scheme or temporary local planning instrument is inconsistent with schedule 8 or 9, the scheme or instrument is of no effect. ‘3.1.3 Code and impact assessment for assessable development ‘ (1) A regulation, planning scheme or temporary local planning instrument may require impact or code assessment, or both impact and code assessment, for assessable development. ‘ (2) However— (a) if the regulation requires code assessment for development, a planning scheme or temporary local planning instrument can not require impact assessment for the development; and (b) to the extent the scheme or instrument is inconsistent with the regulation, the scheme or instrument is of no effect. 13 “Assessable development”, “self-assessable development” and “exempt development” are deﬁned in schedule 10 (Dictionary).

s 27 34 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘ (3) Subsection (2) applies whether the regulation was made before or after the commencement of the scheme or instrument. ‘3.1.4 When is a development permit necessary ‘A development permit is necessary only for assessable development. 14 ‘3.1.5 Approvals under this Act ‘ (1) A “preliminary approval” approves development— (a) to the extent stated in the approval; and (b) subject to the conditions in the approval. ‘ (2) However— (a) a preliminary approval does not authorise assessable development to be carried out; and (b) there is no requirement to get a preliminary approval for development. 15 ‘ (3) A “development permit” authorises assessable development to be carried out to the extent stated in the permit, subject to— (a) the conditions of the permit; and (b) any preliminary approval relating to the development the permit authorises, including any conditions of the preliminary approval; and (c) any requirements, stated under a regulation or a condition of the permit, for assessment under part 7. ‘ (4) A “compliance permit” authorises compliant development to be carried out— (a) to the extent stated in the permit; and 14 It is an offence to carry out assessable development without a development permit. See section 4.3.1 (Carrying out assessable development without permit). 15 Preliminary approvals assist in the assessment of conceptual development proposals and in the staging of approvals.

s 27 35 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) subject to any conditions for achieving compliance that are noted on, or attached to, the documents or plans the subject of the compliance assessment. ‘ (5) A “compliance certiﬁcate” approves documents, plans or works to the extent stated in the certiﬁcate, subject to— (a) for documents or plans—any conditions for achieving compliance that are noted on, or attached to, the documents or plans; or (b) for works—any written instructions given by the compliance assessor for achieving compliance. ‘3.1.6 Preliminary approval may override a local planning instrument ‘ (1) This section applies if— (a) an applicant applies for a preliminary approval; and (b) part of the application states the way in which the applicant seeks the approval to vary the effect of any local planning instrument for the land. ‘ (2) Subsection (3) applies to the extent the application is for— (a) development that is a material change of use; and (b) the part mentioned in subsection (1)(b). ‘ (3) If the preliminary approval approves the material change of use, the preliminary approval may, in addition to the things an approval may do under chapter 3, part 5, do either or both of the following for development relating to the material change of use— (a) state that the development is— (i) assessable development (requiring code or impact assessment); or (ii) self-assessable development; or (iii) exempt development; or (iv) compliant development; (b) identify any codes for the development. ‘ (4) Subsection (5) applies to the extent the application is for—

s 27 36 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) development other than a material change of use; and (b) the part mentioned in subsection (1)(b). ‘ (5) If the preliminary approval approves the development, the preliminary approval may, in addition to the things an approval may do under chapter 3, part 5, do either or both of the following for the development— (a) state that the development is— (i) assessable development (requiring code or impact assessment); or (ii) self-assessable development; or (iii) exempt development; or (iv) development requiring assessment for compliance with a code identiﬁed in the application; (b) identify codes for the development. ‘ (6) To the extent the preliminary approval, by doing either or both of the things mentioned in subsection (3) or (5), is contrary to the local planning instrument, the approval prevails. ‘ (7) However, subsection (3) or (5) no longer applies to development mentioned in subsection (3)(a) or (5)(a) when the ﬁrst of the following happens— (a) the development approved by the preliminary approval and authorised by a later development permit is completed; (b) any time limit for completing the development ends. 16 ‘ (8) To the extent the preliminary approval is inconsistent with schedule 8 or 9, the preliminary approval is of no effect. ‘3.1.7 Assessment manager for development applications ‘ (1) The “assessment manager” , for a development application, is— (a) subject to subsections (4) to (7), if the development is wholly within a local government’s area—the local government, unless a different entity is prescribed under a regulation; or 16 See section 3.5.30(1)(c) (Conditions generally).

s 27 37 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) if paragraph (a) does not apply— (i) the entity prescribed under a regulation; or (ii) if no entity has been prescribed—the entity decided by the Minister. ‘ (2) However, instead of making a decision under subsection (1)(b)(ii), the Minister may decide that the application, for which a decision under subsection (1)(b)(ii) would normally be made, be split into 2 or more applications. ‘ (3) If the entity prescribed or decided under subsection (1)(b) is a local government, the local government, in addition to its jurisdiction under the Local Government Act 1993 , section 25, has the jurisdiction to assess and decide the application. ‘ (4) Subsection (5) applies instead of subsection (1)(a) if— (a) the development is not assessable development under a planning scheme; and (b) no alternative assessment manager is prescribed under a regulation for the development; and (c) there is only 1 concurrence agency. ‘ (5) The person who would have been the concurrence agency is the “assessment manager” and there is taken to be no concurrence agency. ‘ (6) Subsection (7) applies instead of subsection (1)(a) if— (a) for an aspect of development, a concurrence agency, under section 3.3.20(1), tells an assessment manager that approval for the aspect must be a preliminary approval only; and (b) the preliminary approval does not state that the assessment manager wishes to be the assessment manager for a development permit for the aspect; and (c) the application for the development permit is only for the aspect of development for which the preliminary approval was given. ‘ (7) There is no concurrence agency for the development permit and the person who would have been the concurrence agency is the “assessment manager” . ‘ (8) The assessment manager administers applications.

s 27 38 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘3.1.8 Referral agencies for development applications ‘A referral agency has, for assessing and responding to the part of a development application giving rise to the referral, the jurisdiction prescribed under a regulation. ‘3.1.9 Compliance assessor for requests for compliance assessment ‘ (1) The “compliance assessor” , for a request for compliance assessment, is the entity prescribed under a regulation. ‘ (2) The compliance assessor administers the compliance assessment process under part 7. ‘3.1.10 Codes under legislation ‘ (1) A regulation under this or another Act, or a State planning policy, may identify a code, or a part of a code, as a code, or a part of a code that, for a stated effect— (a) can not be added to or changed by a local planning instrument (a “complete code” ); or (b) can be added to but not otherwise changed by a local planning instrument (a “partial code” ); or (c) can be changed by a local planning instrument (a “variable code” ). ‘ (2) A code, or part of a code, not identiﬁed in a way stated in subsection (1) is taken to be a code, or part of a code, to which subsection (1)(c) applies. ‘ (3) To the extent a local planning instrument is inconsistent with a complete code, the local planning instrument is of no effect. ‘ (4) To the extent a local planning instrument is inconsistent with a partial code because it has purported to change the code other than by adding to the code for its stated effect, the local planning instrument is of no effect. ‘ (5) Also, the regulation may identify a code, or part of a code, as a code or part of a code, that has no effect until a planning scheme is amended to apply the code (an “adoptable code” ).

s 27 39 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘3.1.11 Self-assessable development and codes ‘Self-assessable development must comply with applicable codes. 17 ‘3.1.12 Exempt development and codes or planning instruments ‘Subject to part 7, exempt development need not comply with applicable codes or planning instruments. ‘3.1.13 Stages of IDAS ‘ (1) IDAS involves the following possible stages— • application stage 18 • information and referral stage 19 • notiﬁcation stage 20 • decision stage 21 • compliance stage. 22 ‘ (2) For assessable development— (a) not all stages or all parts of a stage apply to all applications; but (b) the application and decision stages always apply. ‘ (3) For compliant development, the compliance stage applies. ‘3.1.14 Native Title Act (Cwlth) ‘ (1) Subsections (2) and (3) apply if an assessment manager takes action under the Native Title Act 1993 (Cwlth), section 24HA or 24KA. 17 It is an offence to carry out self-assessable development in contravention of applicable technical assessment codes. See section 4.3.2 (Self-assessable development must comply with codes). 18 See part 2. 19 See part 3. 20 See part 4. 21 See part 5. 22 See part 7.

s 27 40 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘ (2) If the assessment manager takes the action before the decision stage starts, the decision stage does not start until the action is completed. ‘ (3) If the assessment manager takes the action after the decision stage has started, the decision stage stops the day after the action is taken and starts again the day after the action is completed. ‘PART 2—APPLICATION STAGE ‘Division 1—Application process ‘3.2.1 Applying for development approval ‘ (1) Each application must be made to the assessment manager. 23 ‘ (2) Each application must be made in the approved form. ‘ (3) The approved form— (a) must contain a mandatory requirements part including a requirement for an accurate description of the land; and (b) must contain, or be supported by, the written consent of the owner of the land to the making of the application if the application is for— (i) a material change of use of premises or a reconﬁguration of a lot; or (ii) works on land below high water mark and outside a canal as deﬁned under the Coastal Protection and Management Act1995 ; or (iii) works on rail corridor land as deﬁned under the TransportInfrastructure Act 1994 ; and (c) may contain a supporting information part. ‘ (4) Each application must be accompanied by the fee— 23 A single application may be made for both a preliminary approval and a development permit.

s 27 41 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) if the assessment manager is a local government—ﬁxed by resolution of the local government; or (b) if the assessment manager is another public sector entity—prescribed under a regulation under this or another Act. ‘ (5) To the extent the development involves taking, or interfering with, a State resource prescribed under a regulation, the regulation may require the application to be supported by 1 or more of the following prescribed under the regulation for the development— (a) evidence of an allocation of, or an entitlement to, the resource; (b) evidence the chief executive of the department administering the resource is satisﬁed the development is consistent with an allocation of, or an entitlement to, the resource; (c) evidence the chief executive of the department administering the resource is satisﬁed the development application may proceed in the absence of an allocation of, or an entitlement to, the resource. ‘ (6) Subsection (3)(b) does not apply for an application to the extent— (a) subsection (5) applies; or (b) another Act requires the application to be supported by 1 or more of the things mentioned in subsection (5)(a) to (c). ‘ (7) An application is a “properly made application” if— (a) the application is made to the assessment manager; and (b) the application is made in the approved form; and (c) the mandatory requirements part of the approved form is correctly completed; and (d) the application is accompanied by the fee for administering the application; and (e) if subsection (6) applies—the application is supported by the evidence required under subsection (5). ‘ (8) Subject to the requirements of the approved form, the application may describe the development to any degree of speciﬁcity. ‘ (9) For subsection (5), interfering with a State resource includes carrying out development on land other than freehold land.

s 27 42 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘3.2.2 Applications for works involving material change of use ‘ (1) Subsection (2) applies if— (a) at the time an application is made a work, the subject of an application, may not be used unless a development permit exists for the material change of use of premises for which the work is proposed; and (b) there is no development permit for the material change of use; and (c) approval for the material change of use has not been applied for in the application or in a separate application. ‘ (2) The application is taken to be also for the material change of use. ‘3.2.3 Non-acceptance notices ‘ (1) If an application is not properly made, the assessment manager must give the applicant a notice (a “non-acceptance notice” ) stating— (a) the application is not properly made; and (b) the reasons why the application is not properly made. ‘ (2) The notice must be given within 10 business days after the assessment manager receives the application. ‘ (3) If the applicant does not, within 20 business days after receiving the notice or any extended period the assessment manager may allow under section 3.2.7(5), change the application in response to the notice— (a) the application lapses; and (b) the assessment manager must return the application and refund any application fee paid, less a reasonable fee for processing the application. ‘ (4) However, subsection (1) does not apply if— (a) the development involves taking or interfering with, including carrying out development on land other than freehold land and freeholding lease under the LandAct1994, a resource of the State; and (b) the assessment manager is the same entity that administers the resource; and

s 27 43 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (c) the only reason the application is not a properly made application is that it is not supported by— (i) the written consent of the entity administering the resource; or (ii) the evidence mentioned in section 3.2.1(5). ‘3.2.4 When applications must be endorsed as accepted ‘The assessment manager must, within 10 business days after an application is properly made, give the applicant a copy of the application, endorsed as being accepted, if— (a) there are 1 or more referral agencies; or (b) the application requires referral coordination; or (c) at the time the application is made, the applicant asks the assessment manager for a copy of the application endorsed as being accepted. ‘Division 2—General matters about applications ‘3.2.5 Additional third party advice or comment ‘ (1) The assessment manager or a concurrence agency for an application may ask any person for advice or comment about the application at any stage. ‘ (2) However, asking for and receiving advice or comment must not extend any stage. ‘ (3) There is no particular way advice or comment may be asked for and received and the request may be made by publicly notifying the application. ‘ (4) To remove any doubt, it is declared that public notiﬁcation under subsection (3) is not notiﬁcation under part 4, division 2. ‘3.2.6 Public scrutiny of applications and related material ‘ (1) The assessment manager must keep, for each application, the following documents available for inspection and purchase—

s 27 44 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) the application, including any supporting material; (b) any information request; (c) any properly made submission; (d) any referral agency response. ‘ (2) The documents mentioned in subsection (1) must be kept available for inspection and purchase from the time the assessment manager receives the application until— (a) the application is withdrawn or lapses; or (b) if paragraph (a) does not apply—the end of the last period during which an appeal may be made against a decision on the application. ‘ (3) Subsection (1) does not apply to supporting material to the extent the assessment manager is satisﬁed the material contains sensitive security information. ‘ (4) Also, the assessment manager may remove the name, address and signature of each person who made a submission before making the submission available for inspection and purchase. ‘3.2.7 Changing an application (generally) ‘ (1) The applicant may, by giving written notice to the assessment manager, change the application before it is decided. ‘ (2) For subsection (1), a change— (a) includes the giving of a response under section 3.3.10(1)(a) or 3.3.10(3)(a); but (b) for a properly made application—does not include a change that, if the application were remade including the change, would cause the application to be not properly made. ‘ (3) Subject to section 3.2.3, the notice must be accompanied by the fee— (a) if the assessment manager is a local government—ﬁxed by resolution of the local government; or (b) if the assessment manager is another public sector entity—prescribed under a regulation under this or another Act.

s 27 45 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 ‘ (4) No additional fee is payable for changing an application if the change is— (a) only in response to a non-acceptance notice; and (b) made within 20 business days after receiving the non-acceptance notice. ‘ (5) The assessment manager may extend the period mentioned in subsection (4)(b). ‘3.2.8 Changing an application (that does not stop IDAS) ‘ (1) The IDAS process does not stop, merely because 1 or more of the following happens— (a) the notice about the change under section 3.2.7(1) is given before the end of the application stage; (b) the change is for giving more or better particulars about the application; 24 (c) the change only reduces the scale or intensity of an aspect of the development; (d) the change only removes an aspect of the development; (e) the assessment manager and any concurrence agency gives the applicant a written notice stating that the entity is satisﬁed the change is insigniﬁcant; (f) the change corrects a mistake in, or omission from, the application about the name or address of the applicant or owner; (g) the change corrects a mistake or omission about the property details of the land. ‘ (2) However— (a) subsection (1) does not apply if— (i) the change has the effect of adding referral agencies; or (ii) the original application involved only code assessment but the changed application involves impact assessment; and 24 However, see section 3.4.5(1) (When the notiﬁcation stage must be restarted).

s 27 46 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) subsection (1)(g) does not apply unless the assessment manager and any concurrence agency give the applicant a written notice stating the entity is satisﬁed the change would not adversely affect the ability of a person to assess the changed application. ‘ (3) If subsection (1)(b) to (g) applies, the applicant must give written notice of the change to any referral agency. ‘3.2.9 Changing an application (that restarts IDAS for part of the application) ‘ (1) Subsections (2) and (3) apply if— (a) a change under section 3.2.7 only corrects an omission from an application about a referral to a referral agency; and (b) the omission is not discovered until after the application stage would have ended if the application had been properly made; and (c) the application, but for the omission, would have been a properly made application. ‘ (2) For the aspect of the application about the omitted referral agency, the IDAS process starts again from the beginning of the information and referral stage. ‘ (3) Despite section 3.2.1(7), for all other purposes, the application is taken to be a properly made application. ‘3.2.10 Changing an application (that restarts IDAS completely) ‘ (1) This section applies for a change to which sections 3.2.8 and 3.2.9 do not apply. ‘ (2) The applicant must— (a) give the assessment manager details of the change; and (b) advise any referral agency of the change; and (c) if the application requires referral coordination—advise the chief executive of the change. ‘ (3) For the application, the IDAS process— (a) stops the day the notice of the change is received by the assessment manager; and

s 27 47 s 27 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) starts again from the start of the information and referral stage. 25 ‘ (4) Section 3.2.1(5) and (9) apply to the notice as if the notice were a development application. ‘3.2.11 Withdrawing an application ‘ (1) An applicant may withdraw an application by giving written notice of the withdrawal to— (a) the assessment manager; and (b) any referral agency; and (c) if the application requires referral coordination—the chief executive. ‘ (2) If within 1 year of withdrawing the application, the applicant makes a later application that is not substantially different from the withdrawn application, any properly made submission about the withdrawn application is taken to be a properly made submission about the later application. ‘3.2.12 Refunding fees ‘ (1) Subject to section 3.2.3, an assessment manager may refund all or part of the fee paid under section 3.2.1(4). ‘ (2) A concurrence agency may refund all or part of the fee paid under section 3.3.5(1). ‘Division 3—End of application stage ‘3.2.13 When does application stage end ‘ (1) The application stage ends when the application is properly made. ‘ (2) An application that is not properly made stays in the application stage until it is properly made or lapses under section 3.2.3(3). 25 However, see section 3.4.5 (When the notiﬁcation stage must be restarted).

s 85 165 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “community infrastructure” means community infrastructure stated in schedule 5. “complete code” see section 3.1.10(1)(a). “compliance assessment” see section 3.7.1. “compliance assessor” see section 3.1.9. “compliance certiﬁcate” see section 3.1.5(5). “compliance permit” see section 3.1.5(4). “compliant development” see section 3.1.2. “concurrence agency” , for a development application, means an entity prescribed under a regulation as a concurrence agency for the application, or if the functions of the entity in relation to the application have been devolved or delegated to another entity, the other entity. “concurrence agency code” , for a concurrence agency, means a code, or part of a code, the concurrence agency is required under this Act or another Act to assess a development application against. “concurrence agency condition” , for a development approval, means a condition imposed on the approval by a concurrence agency. “consolidated planning scheme” means a document that accurately combines a local government’s planning scheme, as originally made, with all amendments made to the planning scheme since the planning scheme was originally made. “consultation period” for— (a) making or amending a planning scheme—see schedule 1, section 12(1)(g); or (b) making or amending a planning scheme policy—see schedule 3, section 2(1)(g); or (c) making or amending a State planning policy—see schedule 4, section 3(3)(g); or (d) making a ministerial designation of land—the period for the making of submissions, being not less than 15 business days, stated in any notice given under section 2.6.7(4). “convicted” includes being found guilty, and the acceptance of a plea of guilty, by a court.

s 85 166 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “core matter” see section 2.1.3A. “currency period” means— (a) for a development approval not mentioned in paragraph (b)— (i) the 4 years starting the day the approval takes effect; or (ii) if the approval states or implies a time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time; or (b) for a development approval resulting from a development application assessed and decided under section 3.5.5(5) or 3.5.6(5)— (i) the 4 years starting the day the approval takes effect; or (ii) if the approval states or implies a longer time for the approval to lapse—the period from the day the approval takes effect until the stated or implied time. “court” means the Planning and Environment Court continued in existence under section 4.1.1. “deciding entity” means— (a) for an aspect of a development approval decided by an assessment manager—the entity that was the assessment manager; or (b) for an aspect of a development approval decided by a concurrence agency—the entity that was the concurrence agency; or (c) for an aspect of a development approval decided by the court—the court; or (d) for an aspect of a development approval decided by the tribunal—the tribunal; or (e) for a development approval decided by a private certiﬁer—the private certiﬁer; or (f) for an application to change a currency period if the development approval does not state or imply a currency period—the entity that was the assessment manager; or

s 85 167 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (g) for an application to cancel a development approval—the entity that was the assessment manager for the application for the approval. “decision making period” see section 3.5.9. “decision notice” see section 3.5.17. “deemed refusal” means a refusal that is taken to have happened if a decision is not made— (a) for a development application—by the end of the decision making period (including any extension of the decision making period); and (b) for a change application—within the time allowed under this Act for the decision to be made; and (c) for a request made by a person under section 2.6.19 or for a claim for compensation under chapter 5—by the time for making the decision has ended. “designate” means identify for community infrastructure. “designated interest” see section 2.6.19. “designated land” means land designated under chapter 2, part 6. “designation” means the action taken by a designator to designate land under chapter 2, part 6. “designation cessation day” see section 2.6.14. “designator” see section 2.6.1. “desired standard of service” , for a network of development infrastructure, means the standard of performance stated in the priority infrastructure plan. “destroy” , for vegetation, includes destroy it by burning, flooding or draining. “development” see section 1.3.2. “development application” means an application for a development approval. “development application (superseded planning scheme)” means a development application that is—

s 85 168 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) for development substantially the same as particular development the subject of a request under section 2.1.7A; and (b) made within 3 months after the local government gives notice of its decision about the request; and (c) accompanied by a copy of the notice. “development approval” means a decision notice or a negotiated decision notice that— (a) approves, wholly or partially, development applied for in a development application (whether or not the approval has conditions attached to it); and (b) is in the form of a preliminary approval, a development permit or an approval combining both a preliminary approval and a development permit in the one approval. 72 “development infrastructure” means— (a) land or works, or both land and works for— (i) urban and rural residential water cycle management infrastructure (including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of waters and ﬂood mitigation); or (ii) transport infrastructure (including roads, vehicle lay-bys, trafﬁc control devices, dedicated public transport corridors, public parking facilities predominantly serving a local area, cycle ways, pathways and ferry terminals, but not including State-controlled roads); or (iii) public parks infrastructure (including playground equipment, playing ﬁelds, courts and picnic facilities); or (b) land, and works that ensure the land is suitable for development, for local community facilities, including, for example— (i) community halls or centres; or (ii) public recreation centres; or (iii) public libraries. 72 Under section 3.5.13(7), conditions attached to a development approval are part of the approval.

s 85 169 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “development offence” means an offence against section 4.3.1, 4.3.2, 4.3.3, 4.3.4, 4.3.4A or 4.3.5. “development permit” see section 3.1.5(3). “drainage work” means sanitary drainage work, as deﬁned under the Sewerage and Water Supply Act 1949. “ecological sustainability” see section 1.3.3. “EIS” means a document the chief executive is satisﬁed— (a) addresses the terms of reference; and (b) without limiting paragraph (a)— (i) describes the development in sufﬁcient detail to establish its likely environmental effects; and (ii) identiﬁes the likely beneﬁcial and adverse environmental effects of the development; and (iii) states the ways any adverse environmental effects may be mitigated; and (iv) has been prepared using current information, and methodologies that represent best environmental practice. “EIS assessment report” see section 5.7A.10. “enforcement notice” see section 4.3.11. “enforcement order” see section 4.3.22(1)(a). “entity” includes a department. “environment” includes— (a) ecosystems and their constituent parts including people and communities; and (b) all natural and physical resources; and (c) those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientiﬁc value or interest, amenity, harmony, and sense of community; and (d) the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a), (b) and (c) or affected by those matters.

s 85 170 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “environmentally relevant activity” means an environmentally relevant activity as deﬁned under the Environmental Protection Act 1994 . “essential management” means clearing native vegetation— (a) for establishing or maintaining a ﬁre break sufﬁcient to protect a building, property boundary or paddock; or (b) that is likely to endanger the safety of a person or property on the land because the vegetation is likely to fall; or (c) for maintaining an existing fence, stock yard, shed, road or other built infrastructure; or (d) for maintaining a garden or orchard. “executive ofﬁcer” , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. “exempt development” is development other than assessable or self-assessable development. “forest practice” — 1. “Forest practice” means planting trees or managing, felling and removing standing trees for an ongoing forestry business in— (a) a plantation; or (b) native forest, if, in the native forest— (i) the activities are conducted in a way that is consistent with a code applying to native forest management and approved by the Minister responsible for administering the Vegetation Management Act 1999 ; or (ii) the activities are conducted in a way that— (A) ensures restoration of a similar type, and to the extent, of the removed trees; and (B) ensures trees are only felled for the purpose of being sawn into timber or processed into another value added product (other than woodchips for an export market); and (C) does not cause land degradation as deﬁned under the Vegetation Management Act 1999 .

s 85 171 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 2. The term includes carrying out limited associated work, including, for example, drainage and other necessary engineering works. 3. The term does not include clearing native vegetation for the initial establishment of a plantation. “freehold land” includes land in a freeholding lease under the LandAct 1994 . “IDAS” see section 3.1.1. “impact assessment” means the assessment of— (a) the environmental effects of proposed development; and (b) the ways of dealing with the effects. “information period” , for the assessment manager or a referral agency, means the period between the day the information and referral stage starts and the day— (a) if referral coordination is required, but the chief executive does not make an information request—the assessment manager or referral agency receives the chief executive’s advice under section 3.3.9(2)(b); or (b) if the assessment manager or referral agency is entitled to, but does not, make an information request—the end of the assessment manager’s or referral agency’s information request period; or (c) if an information request is made—the day the applicant gives a response under section 3.3.10(1) or (3). “information request” see sections 3.3.8 and 3.3.9. “information request period” see section 3.3.8 and 3.3.9. “infrastructure” includes land, facilities, services and works used for supporting economic activity and meeting environmental needs. “infrastructure agreement” see section 5.2.1. “infrastructure charge” see section 5.1.5. “infrastructure charges notice” see section 5.1.7. “infrastructure charges register” see section 5.7.2.

s 85 172 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “infrastructure charges schedule” means the part of a priority infrastructure plan that states infrastructure charges for the establishment costs of trunk infrastructure. “infrastructure payment” see section 5.1.13. “infrastructure payments schedule” means the part of a priority infrastructure plan that states infrastructure payments for the establishment costs of trunk infrastructure that may be imposed as a condition of a development approval. “infrastructure provider” , for an application, means— (a) a local government that is the assessment manager and— (i) supplies trunk infrastructure for development; or (ii) has an agreement with another entity that supplies trunk infrastructure to the local government area; or (b) a concurrence agency that supplies State infrastructure. “interim enforcement order” see section 4.3.22(1)(b). “land” includes— (a) any estate in, on, over or under land; and (b) the airspace above the surface of land and any estate in the airspace; and (c) the subsoil of land and any estate in the subsoil. “last day for making submissions” see section 5.7A.7. “lawful use” see section 1.3.4. “local government area” means a part of the State— (a) established as a local government area under the LocalGovernment Act 1993 ; or (b) declared to be a council area under the CommunityServices(Aborigines) Act 1984 or the Community Services (Torres Strait)Act 1984. “local planning instrument” means a planning scheme, temporary local planning instrument or planning scheme policy. “lopping” , a tree, means cutting or pruning its branches, but does not include—

s 85 173 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) removing its trunk; and (b) cutting or pruning its branches so severely that it is likely to die. “lot” see section 1.3.5. “material change of use” see section 1.3.5. “minor amendment” , of a planning instrument, means an amendment correcting or changing— (a) an explanatory matter about the instrument; or (b) the format or presentation of the instrument; or (c) a grammatical error in the instrument; or (d) a factual matter incorrectly stated in the instrument. “major hazard facility” means a major hazard facility as deﬁned under the Dangerous Goods Safety Management Act 2001 . “mining activity” means mining activity, as deﬁned under the Environmental Protection Act 1994 . “Minister” — (a) in chapter 2, part 6—means any Minister of the Crown; and (b) in chapter 3, part 6, divisions 2, 3 and 4—includes the Minister administering the StateDevelopmentandPublicWorksOrganisation Act 1971 . “native vegetation” means— (a) a native tree; or (b) a native plant, other than a grass or mangrove. “negotiated decision notice” see section 3.5.18(5). “network” , for development infrastructure, includes part of a network. “nominated interest” means the interest an owner asks a designator to buy under section 2.6.19(3)(a) or (b). “non-acceptance notice” see section 3.2.3. “non-urban area” means an area other than an urban area. “non-trunk infrastructure” means development infrastructure that is not trunk infrastructure. “notiﬁcation period” , for a development application, see section 3.4.7.

s 85 174 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “owner” , of land, means the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent for it if it were let to a tenant at a rent. “owner of land” , for chapter 2, part 6 (other than sections 2.6.19 to 2.6.24)— 1. “Owner of land” includes a lessee and sublessee of the land. 2. The term does not include— (a) for an interest the State or a public sector entity has in the land—the State or a public sector entity; and (b) for an interest in land already held for the designation—the owner of the interest. “partial code” see section 3.1.10(1)(b). “party” , for an appeal to the court or a tribunal, means the appellant, the respondent, any co-respondent for the appeal and, if the Minister is represented in the appeal, the Minister. “person” includes a body of persons, whether incorporated or unincorporated. “planning instrument” means a State planning policy, planning scheme, temporary local planning instrument or planning scheme policy. “planning scheme” see section 2.1.1. “planning scheme area” see section 2.1.2. “planning scheme policy” see section 2.1.16. “plans for trunk infrastructure” means the part of a priority infrastructure plan that identiﬁes trunk infrastructure that exists or may be supplied to service future growth in the local government’s area to meet the desired standard of service stated in the plan. “plumbing work” means water plumbing work or sanitary plumbing work, as deﬁned under the Sewerage and Water Supply Act 1949. “preliminary approval” see section 3.1.5(1). “premises” means— (a) a building or other structure; or (b) land (whether or not a building or other structure is situated on the land).

s 85 175 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “principal submitter” , for a properly made submission, means— (a) if a submission is made by 1 person—the person; or (b) if a submission is made by more than 1 person—the person identiﬁed as the principal submitter or if no person is identiﬁed as the principal submitter the submitter whose name ﬁrst appears on the submission. “priority infrastructure area” — 1. “Priority infrastructure area” means the area— (a) serviced by a mains pressure water supply network; and (b) to accommodate at least 10 years, but not more than 15 years, of growth for each of the following— (i) residential purposes; (ii) retail or commercial purposes; (iii) industrial purposes. 2. “Priority infrastructure area” includes an area not mentioned in item 1 that— (a) the local government decides to include in the area; and (b) is serviced by development infrastructure. “priority infrastructure plan” means the part of a planning scheme that— (a) identiﬁes the priority infrastructure area; and (b) identiﬁes existing trunk infrastructure; and (c) includes details of any future trunk infrastructure; and (d) states the assumptions on which the plan is based; and (e) states the desired standard of service for each development infrastructure network identiﬁed in the plan; and (f) includes any infrastructure charges schedule or infrastructure payments schedule for the plan. “private certiﬁer” see section 5.3.3. “properly made application” see section 3.2.1(7). “properly made submission” means a submission that—

s 85 176 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (a) is in writing and is signed by each person who made the submission; and (b) is received on or before the last day— (i) if the submission is about a draft EIS or a designation—for making the submission; or (ii) if the submission is about a development application—of the notiﬁcation period; or (iii) in any other case—of the consultation period or preliminary consultation period; and (c) states the name and address of each person who made the submission; and (d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (e) is made— (i) if the submission is about a development application—to the assessment manager; or (ii) if the submission is about a proposed planning scheme, a proposed planning scheme policy or a proposed amendment of a planning scheme or a proposed amendment of a planning scheme policy—to the local government; or (iii) if the submission is about a proposed planning scheme or a proposed amendment of a planning scheme being carried out by the Minister—to the Minister; or (iv) if the submission is about a draft EIS—to the chief executive; or (v) if the submission is about a proposed State planning policy or a proposed amendment of a State planning policy—to the Minister; or (vi) if the submission is about a ministerial designation—to the person stated in the notice calling for submissions. “proponent” , for chapter 5, part 7A, means the person who proposes the development to which the part applies.

s 85 177 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “public ofﬁce” , of a local government, means the premises kept as its public office under the Local Government Act 1993 , section 37. 73 “public sector entity” — 1. “Public sector entity” means— (a) a department or part of a department; or (b) an agency, authority, commission, corporation, instrumentality, ofﬁce, or other entity, established under an Act for a public or State purpose. 2. The term includes a government owned corporation. “public utility easement” means a public utility easement as deﬁned in the Land Title Act 1994 , section 81A. “reconﬁguring a lot” see section 1.3.5. “referral agency” means a concurrence agency or advice agency. “referral agency’s assessment period” see section 3.3.16. “referral agency’s response” see section 3.3.18. “referral assistance” see section 3.3.12. “referral coordination” see section 3.3.7. “regional ecosystem” means a regional ecosystem as defined under the Vegetation Management Act 1999 . “regional ecosystem map” means a regional ecosystem map as defined under the Vegetation Management Act 1999 . “regional planning advisory committee” means a regional planning advisory committee established under section 2.5.2. “remnant endangered regional ecosystem” means a remnant endangered regional ecosystem as defined under the VegetationManagementAct 1999 . “remnant map” means a remnant map as defined under the VegetationManagement Act 1999 . “remnant vegetation” means remnant vegetation as defined under the Vegetation Management Act 1999 . 73 Local Government Act 1993 , section 37 (Site of public ofﬁce)

s 85 178 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “repealed Act” means the Local Government (Planning and Environment)Act 1990 . “replacement private certiﬁer” see section 5.3.12(1). “requesting authority” see section 3.3.10(1). “road” has the same meaning as in the TransportInfrastructureAct 1994 . 74 “routine management” means clearing native vegetation— (a) for establishing a necessary fence, road or other built infrastructure that is on less than 5 ha; or (b) that is not remnant vegetation; or (c) for supplying fodder for stock, in drought conditions only. “self-assessable development” means either or both of the following— (a) development speciﬁed in schedule 8, part 2; or (b) for a planning scheme area—development that is not speciﬁed in schedule 8, part 2 but is declared under the planning scheme for the area to be self-assessable development. “show cause notice” see section 4.3.9. “stage” of IDAS, means a stage of the IDAS process mentioned in section 3.1.13. “Standard Building Regulation” means the StandardBuildingRegulation 1993 . 74 Under the Transport Infrastructure Act 1994 — “road” means— (a) an area of land dedicated to public use as a road; or (b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or (d) a pedestrian or bicycle path; or (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d).

s 85 179 s 85 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 “State-controlled road” has the same meaning as in the TransportInfrastructure Act 1994 . 75 “State infrastructure” means any of the following— (a) State schools infrastructure; (b) public transport infrastructure; (c) State-controlled roads infrastructure; (d) police or emergency services infrastructure “State interest” means— (a) an interest that, in the Minister’s opinion, affects an economic or environmental interest of the State or a region; or (b) an interest in ensuring there is an efﬁcient, effective and accountable planning and development assessment system. “State planning policy” see section 2.4.1. “submitter” , for a development application, means a person who makes a properly made submission about the application. “submitter’s appeal period” see section 4.1.28(4). “superseded planning scheme” , for a planning scheme area, means the planning scheme, or any related planning scheme policies, in force immediately before— (a) the planning scheme or policies, under which a development application is made, were adopted; or (b) the amendment, creating the superseded planning scheme, was adopted. “supporting material” means any material (including site plans, elevations and supporting reports) about the aspect of the application assessable against or having regard to the planning scheme that— (a) was given to the assessment manager by the applicant; and 75 Under the Transport Infrastructure Act 1994 — “State-controlled road” means a road or land, or part of a road or land, declared under section 23 to be a State-controlled road, and, for chapter 5, part 5, division 2, subdivision 2, see section 50.

s 86 180 s 87 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (b) is in the assessment manager’s possession when the request to inspect and purchase is made. “temporary local planning instrument” see section 2.1.9. “tribunal” means a building and development tribunal established under section 4.2.1. “trunk infrastructure” means development infrastructure identiﬁed in a priority infrastructure plan as trunk infrastructure. “urban area” means an area identified on a map in a planning scheme as an area for urban purposes, including rural residential purposes and future urban purposes. “use” see section 1.3.4. “variable code” see section 3.1.10(1)(c). “work” see section 1.3.5.’. PART 3—AMENDMENT OF BUILDING ACT 1975 86 Act amended in pt 3 This part amends the Building Act 1975. 87 Amendment of s 3 (Deﬁnitions) Section 3(1), deﬁnition “building work” — omit, insert— “building work” means— (a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or (b) work regulated under the Standard Building Regulation 1993 ; or (c) excavating or ﬁlling— (i) for, or incidental to, the activities mentioned in paragraph (a); or

s 88 181 s 90 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 (ii) that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or (d) supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).’. 88 Insertion of new s 46A After section 46— insert— ‘46A Fees for statutory functions ‘ (1) A local government may, by local law or resolution, ﬁx a reasonable fee in relation to the performance of a function imposed on the local government under this Act. ‘ (2) The local law or resolution must prescribe the person liable to pay the fee. ‘ (3) A local government is taken to have always had power, by local law or resolution, to ﬁx a fee mentioned in subsection (1). ‘ (4) Subsection (3) does not affect a decision of a court made before the commencement of this subsection in relation to a particular action about the validity of a fee mentioned in subsection (1) ﬁxed by local law or resolution and imposed on a particular person.’. PART 4—AMENDMENT OF ELECTRICITY ACT 1994 89 Act amended in pt 4 This part amends the Electricity Act 1994 . 90 Omission of ch 4, pt 4, div 4A (Inapplicability of planning schemes in relation to particular transmission entity operating works) Chapter 4, part 4, division 4A— omit .

s 91 182 s 93 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 91 Insertion of new s 112A After section 112— insert— ‘112A Clearing native vegetation for operating works on freehold land ‘ (1) Subsection (2) has effect despite the Integrated Planning Act 1997 , schedule 8, part 1. ‘ (2) Carrying out work that is the clearing of native vegetation on freehold land is exempt development if the clearing is for operating works for a transmission entity on land designated for the operating works by a Minister under the Integrated Planning Act 1997 . ‘ (3) If a word used in subsection (2) is deﬁned in the Integrated PlanningAct 1997 , the word used has the same meaning as in that Act.’. 92 Insertion of new ch 14, pt 4 After section 303— insert — ‘PART 4—TRANSITIONAL PROVISION FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2001 ‘304 Application of Acts Interpretation Act, s 20 ‘The Acts Interpretation Act 1954 , section 20 applies to the repeal of chapter 4, part 4, division 4A.’. PART 5— AMENDMENT OF LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2000 93 Act amended in pt 5 This part amends the LocalGovernmentandOtherLegislationAmendment Act 2000.

s 94 183 s 96 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 94 Omission of s 62 (Amendment of s 5.3.5 of Act No. 69 of 1997 ) Section 62— omit. PART 6—AMENDMENT OF SEWERAGE AND WATER SUPPLY ACT 1949 95 Act amended in pt 6 This part amends the Sewerage and Water Supply Act 1949 . 96 Amendment of s 2 (Deﬁnitions) Section 2— insert— ‘ “drainage” means apparatus, ﬁttings, ﬁxtures and pipes, below ground level, that carry sewage on premises. “drainage work” includes installing, changing, extending, disconnecting, taking away and maintaining drainage. “plumbing” means— (a) for water—apparatus, ﬁttings, and pipes for carrying water within premises; or (b) for sewage—apparatus, ﬁttings, ﬁxtures and pipes, above ground level, that carry sewage on premises. “plumbing work” includes installing, changing, extending, disconnecting, taking away and maintaining plumbing.’.

s 97 184 s 99 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 PART 7— AMENDMENT OF WATER ACT 2000 97 Act amended in pt 7 This part amends the Water Act 2000 . 98 Amendment of s 492 (Changing safety conditions) (1) Section 492, heading, ‘ safety ’ omit . (2) Section 492(1)— omit, insert— ‘ (1) Subsection (1A) applies for a referable dam if the chief executive is satisfied either or both of the following should be changed in the interests of dam safety— (a) safety conditions; (b) development conditions. ‘ (1A) The chief executive may change the conditions.’. 99 Amendment of schedule 2 (Amendments about planning matters) (1) Schedule 2, amendment of Integrated Planning Act 1997 , item 12, ‘(c)’— omit, insert — ‘(d)’. (2) Schedule 2, amendment of Integrated Planning Act 1997 , item 13, ‘(e)’— omit, insert — ‘(f)’.

185 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 SCHEDULE MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997 section 3 1 Section 1.3.8(g)— omit . 2 Section 2.6.20, 2.6.21(a), 2.6.23(1)(a) and (b) and 2.6.23(2) ‘interest’— omit, insert — ‘nominated interest’. 3 Section 2.6.21, ‘interest,’— omit, insert — ‘nominated interest,’. 4 Section 2.6.21(b) and (c) and 2.6.23(1)(c), ‘interest’— omit, insert — ‘designated interest’. 5 Section 4.3.7(1), ‘3.3.4 or 3.4.7’— omit, insert — ‘3.3.6 or 3.4.9’.

186 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 SCHEDULE (continued) 6 Section 4.3.7(2), ‘3.3.5’— omit, insert — ‘3.3.7(3)’. 7 Section 4.3.13(1)(a), (d) and (e), ﬁrst mention, ‘a development’ omit, insert — ‘development’. 8 Section 4.3.18(3)(b), ‘4.3.2A’— omit, insert — ‘4.3.4A’. 9 Section 4.3.20(3)(e), after ‘development permit’— insert — ‘or request compliance assessment’. 10 Section 5.6.4(3) and (4), ‘3.4.4 to 3.4.6’— omit, insert — ‘3.4.6 to 3.4.8’. 11 Section 5.7.5(3), ‘The register must include,’— omit, insert — ‘The register must include the following’. 12 Section 5.7.5(3)(a), (b), (c), (d) and (e)(v), ‘; and” omit, insert — ‘;’.

187 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 SCHEDULE (continued) 13 Section 5.7.6(e)(iii), ‘; and” omit, insert — ‘;’. 14 Section 5.8.5 (Delegation by Minister)— relocate and renumber as section 5.8.1A. 15 After section 5.8.8, as inserted by this Act— insert — ‘5.8.9 Numbering and renumbering of ch 5, pts 7A and 8 ‘In the next reprint of this Act, chapter 5, parts 7A and 8 must be numbered and renumbered as permitted by the ReprintsAct1992 , section 43.’. 16 Section 6.1.1, deﬁnition “assessable development”, paragraph (b), after ‘schedule 8’— insert— ‘or schedule 9’. 17 Section 6.1.1, deﬁnition “self-assessable development”, paragraph (b), after ‘schedule 8’— insert— ‘or schedule 9’. 18 Section 6.1.30(2), ‘3.5.13 and 3.5.14’— omit, insert — ‘3.5.14 and 3.5.15’.

188 Integrated Planning and Other Legislation Amendment Act 2001 No. 100, 2001 SCHEDULE (continued) 19 Section 6.1.30(4), ‘3.5.11(1)(c)’— omit, insert — ‘3.5.13(1)(c)’. 20 Section 6.1.32(2)(a), ‘3.5.32(1)(b)’— omit, insert — ‘3.5.31(1)(b)’. 21 Section 6.1.34(3), ‘3.5.27’— omit, insert — ‘3.5.26’. 22 Section 6.1.41— omit . 23 Section 6.1.51A(2), ‘1.4.6’— omit, insert — ‘1.4.1’. 24 Schedules 1, 2 and 3, ‘, by resolution,’— omit . © State of Queensland 2001