Integrated Planning and Other Legislation Amendment Act 2003 (Qld)

Integrated Planning and Other Legislation Amendment Act 2003

Queensland INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 Act No. 64 of 2003

Queensland INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—AMENDMENT OF INTEGRATED PLANNING ACT 1997 Division 1—Preliminary 3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2—Amendments for designations 4 Replacement of ss 2.6.7–2.6.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2.6.7 Matters the Minister must consider before designating land . 15 2.6.8 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2.6.9 Procedures if designation does not proceed. . . . . . . . . . . . . . . . . . . . 17 5 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 17 6 Insertion of new ch 6, pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—Transitional provisions for designation 6.2.4 Designation processes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7 Omission of schs 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—Amendments for infrastructure 9 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . . . . . . . . . 18 10 Replacement of s 2.1.24 (Infrastructure intentions in local planning instruments not binding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2.1.24 Infrastructure intentions in local planning instruments not binding . 19

2 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 11 Replacement of s 2.2.5 (Local government must review benchmark development sequence annually) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2.2.5 Local government must review its priority infrastructure plan every 4 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 12 Amendment of s 2.6.6 (How infrastructure charges apply to designated land) 20 13 Amendment of s 2.6.12 (Designation of land by local governments). . . . . . 20 14 Insertion of new s 3.2.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.2.4 Acknowledgment notices for development inconsistent with priority infrastructure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 15 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . 21 17 Amendment of s 3.5.17 (Changing conditions and other matters during the applicant’s appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18 Amendment of s 3.5.32 (Conditions that can not be imposed) . . . . . . . . . . . 22 19 Omission of ss 3.5.35 and 3.5.36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 20 Amendment of s 4.1.21 (Court may make declarations). . . . . . . . . . . . . . . . 23 21 Insertion of new s 4.1.36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4.1.36 Appeals about infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Replacement of ch 5, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 1—INFRASTRUCTURE PLANNING AND FUNDING Division 1—Preliminary 5.1.1 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2—Non-trunk infrastructure 5.1.2 Conditions local governments may impose for non-trunk infrastructure ...................................... 24 Division 3—Trunk infrastructure 5.1.3 Priority infrastructure plans for trunk infrastructure . . . . . . . . . . . . . 25 5.1.4 Funding trunk infrastructure for certain local governments . . . . . . . 25 Division 4—Trunk infrastructure funding under an infrastructure charges schedule 5.1.5 Making or amending infrastructure charges schedules . . . . . . . . . . . 25 5.1.6 Key elements of an infrastructure charges schedule . . . . . . . . . . . . . 26 5.1.7 Infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 5.1.8 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 5.1.9 When infrastructure charges are payable. . . . . . . . . . . . . . . . . . . . . . 5.1.10 Application of infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . 5.1.11 Accounting for infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . 5.1.12 Agreements about, and alternatives to, paying infrastructure charges 5.1.13 Local government may supply different trunk infrastructure from that identiﬁed in a priority infrastructure plan ............ 5.1.14 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . . . . Division 5—Trunk infrastructure funding under a regulated infrastructure charges schedule 5.1.15 Regulated infrastructure charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.16 Adopting and notifying regulated infrastructure charges schedule . . 5.1.17 Regulated infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.18 Regulated infrastructure charges notice. . . . . . . . . . . . . . . . . . . . . . . 5.1.19 When regulated infrastructure charges are payable . . . . . . . . . . . . . . 5.1.20 Application of regulated infrastructure charges. . . . . . . . . . . . . . . . . 5.1.21 Accounting for regulated infrastructure charges . . . . . . . . . . . . . . . . 5.1.22 Agreements about, and alternatives to, paying regulated infrastructure charges ............................... 5.1.23 Regulated infrastructure charges taken to be a rate . . . . . . . . . . . . . . Division 6—Conditions local governments may impose for necessary trunk infrastructure 5.1.24 Conditions local governments may impose for necessary trunk infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Conditions local governments may impose for additional trunk infrastructure costs 5.1.25 Conditions local governments may impose for additional trunk infrastructure costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.1.26 Local government additional trunk infrastructure costs in priority infrastructure areas ................................. 5.1.27 Local government additional trunk infrastructure costs outside priority infrastructure areas ........................... Division 8—Conditions State infrastructure providers may impose for infrastructure 5.1.28 Conditions State infrastructure provider may impose . . . . . . . . . . . . 5.1.29 Requirements for conditions about safety or efﬁciency. . . . . . . . . . . 28 28 29 29 30 30 30 31 32 32 33 33 33 34 34 34 36 38 39 40 41

4 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 5.1.30 Requirements for conditions about additional infrastructure costs 42 5.1.31 State infrastructure provider additional infrastructure costs in priority infrastructure areas ........................... 43 5.1.32 State infrastructure provider additional infrastructure costs outside priority infrastructure areas .................... 44 Division 9—Miscellaneous 5.1.33 Agreements for infrastructure partnerships . . . . . . . . . . . . . . . . . . . . 45 5.1.34 Sale of certain land held on trust by local governments . . . . . . . . . . 45 23 Amendment of s 5.2.1 (Meaning of “infrastructure agreement”) . . . . . . . . . 46 24 Omission of s 5.2.2 (Agreements may be entered into about infrastructure) 47 25 Amendment of s 5.2.7 (Infrastructure agreements prevail if inconsistent with development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 26 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 27 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 47 28 Replacement of s 5.7.9 (Limited planning and development certiﬁcates) 48 5.7.9 Limited planning and development certiﬁcates . . . . . . . . . . . . . . . . . 48 29 Amendment of s 5.7.10 (Standard planning and development certiﬁcates) 49 30 Amendment of s 6.1.31 (Conditions about infrastructure for applications) . 49 31 Replacement of s 6.1.45 (Infrastructure agreements) . . . . . . . . . . . . . . . . . . 50 6.1.45 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 32 Insertion of new ch 6, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 3—Transitional provisions for infrastructure 6.2.5 Transitional provisions for infrastructure charges plans . . . . . . . . . . 51 6.2.6 When planning schemes do not require priority infrastructure plans 52 6.2.7 Priority infrastructure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 6.2.8 Infrastructure charges schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 6.2.9 Reduction of charge for infrastructure supplied under conditions. . . 53 6.2.10 Appeals about infrastructure contribution conditions imposed under planning scheme policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 33 Amendment of sch 1 (Process for making or amending planning schemes) 54 34 Amendment of sch 5 (Community infrastructure) . . . . . . . . . . . . . . . . . . . . 54 35 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

5 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 Division 4—Other amendments 36 Amendment of s 1.3.5 (Deﬁnitions for terms used in “development”). . . . . 58 37 Replacement of ch 1, pt 4 (Uses and rights) . . . . . . . . . . . . . . . . . . . . . . . . . 59 PART 4—EXISTING USES AND RIGHTS PROTECTED 1.4.1 Lawful uses of premises on 30 March 1998 . . . . . . . . . . . . . . . . . . . 60 1.4.2 Lawful uses of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . . . 60 1.4.3 Lawfully constructed buildings and works protected . . . . . . . . . . . . 60 1.4.4 New planning instruments can not affect existing development approvals ......................................... 60 1.4.5 Implied and uncommenced right to use premises protected . . . . . . . 61 1.4.6 Strategic port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 1.4.7 State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 1.4.8 Sch 8 may still apply to certain development . . . . . . . . . . . . . . . . . . 62 38 Amendment of s 2.1.2 (Area to which planning schemes apply) . . . . . . . . . 62 39 Replacement of s 2.1.16 (Meaning of “planning scheme policy”) . . . . . . . . 62 2.1.16 Meaning of “planning scheme policy” . . . . . . . . . . . . . . . . . . . . . . . 62 40 Amendment of s 2.1.18 (Adopting planning scheme policies in planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 41 Amendment of s 2.1.23 (Local planning instruments have force of law) . . . 63 42 Replacement of s 2.1.25 (Covenants not to be inconsistent with planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2.1.25 Covenants not to conﬂict with planning schemes . . . . . . . . . . . . . . . 64 43 Amendment of s 2.4.6 (Repealing State planning policies) . . . . . . . . . . . . . 64 44 Amendment of s 3.1.2 (Development under this Act). . . . . . . . . . . . . . . . . . 64 45 Amendment of s 3.1.5 (Approvals under this Act) . . . . . . . . . . . . . . . . . . . . 64 46 Replacement of s 3.1.6 (Preliminary approval may override local planning instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 3.1.6 Preliminary approval may override a local planning instrument . . . . 65 47 Replacement of ss 3.1.7 and 3.1.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 3.1.7 Assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 3.1.7A Concurrence agencies if Minister decides assessment manager . . . . 67 3.1.8 Referral agencies for development applications . . . . . . . . . . . . . . . . 67 48 Insertion of new ss 3.1.10 and 3.1.11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

6 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 3.1.10 Self-assessable development and codes. . . . . . . . . . . . . . . . . . . . . . . 68 3.1.11 Native Title Act (Cwlth). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 49 Replacement of s 3.2.1 (Applying for development approval) . . . . . . . . . . . 68 3.2.1 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . . . 68 50 Replacement of s 3.2.8 (Public scrutiny of applications) . . . . . . . . . . . . . . . 70 3.2.8 Public scrutiny of applications and related material . . . . . . . . . . . . . 71 51 Replacement of s 3.2.11 (Withdrawing an application) . . . . . . . . . . . . . . . . 71 3.2.11 Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 52 Amendment of s 3.2.12 (Applications lapse in certain circumstances) . . . . 72 53 Amendment of s 3.3.4 (Applicant advises assessment manager) . . . . . . . . . 72 54 Replacement of s 3.3.5 (Referral coordination) . . . . . . . . . . . . . . . . . . . . . . 72 3.3.5 Referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 55 Amendment of s 3.3.7 (Information requests to applicant (referral coordination)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 56 Amendment of s 3.3.14 (Referral agency assessment period) . . . . . . . . . . . 73 57 Amendment of s 3.3.15 (Referral agency assesses application) . . . . . . . . . . 74 58 Amendment of s 3.3.18 (Concurrence agency’s response powers). . . . . . . . 74 59 Replacement of s 3.3.19 (Advice agency’s response powers). . . . . . . . . . . . 74 3.3.19 Advice agency’s response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 60 Replacement of s 3.4.2 (When notiﬁcation stage applies) . . . . . . . . . . . . . . 75 3.4.2 When the notiﬁcation stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . 75 61 Amendment of s 3.4.5 (Notiﬁcation period for applications) . . . . . . . . . . . . 76 62 Insertion of new s 3.5.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 3.5.3A When assessment manager must not assess part of an application . . 76 63 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . 76 64 Insertion of new s 3.5.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 3.5.5A Assessment for s 3.1.6 preliminary approvals that override a local planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 65 Replacement of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . . . . . . . . 77 3.5.11 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 66 Replacement of s 3.5.13 (Decision if application requires code assessment) 78 3.5.13 Decision if application requires code assessment . . . . . . . . . . . . . . . 78

7 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 67 Amendment of s 3.5.14 (Decision if application requires impact assessment) 79 68 Insertion of new s 3.5.14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 3.5.14A Decision if application under s 3.1.6 requires assessment . . . . . . . 79 69 Amendment of s 3.5.15 (Decision notice). . . . . . . . . . . . . . . . . . . . . . . . . . . 80 70 Replacement of s 3.5.19 (When approval takes effect) . . . . . . . . . . . . . . . . . 81 3.5.19 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 71 Replacement of s 3.5.27 (Certain approvals to be recorded on planning scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 3.5.27 Certain approvals to be recorded on planning scheme . . . . . . . . . . . 82 72 Insertion of new s 3.5.31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 3.5.31A Conditions requiring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 82 73 Amendment of s 3.5.37 (Covenants not to be inconsistent with development approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 74 Replacement of s 3.6.2 (Notice of direction) . . . . . . . . . . . . . . . . . . . . . . . . 83 3.6.2 Notice of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 75 Amendment of s 3.7.4 (Plan for reconﬁguring that is not assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 76 Amendment of s 4.1.22 (Court may make orders about declarations) . . . . . 84 77 Replacement of s 4.1.28 (Appeals by submitters). . . . . . . . . . . . . . . . . . . . . 84 4.1.28 Appeals by submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 78 Amendment of s 4.1.29 (Appeals by advice agency submitters) . . . . . . . . . 85 79 Omission of s 4.1.40 (Certain appellants must obtain information about submitters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 80 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8)) . . . . . . . 85 4.1.41 Notice of appeal to other parties (div 8) . . . . . . . . . . . . . . . . . . . . . . 86 81 Replacement of s 4.1.43 (Respondent and co-respondents for appeals under div 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4.1.43 Respondent and co-respondents for appeals under div 8. . . . . . . . . . 87 82 Replacement of s 4.1.45 (How a person may elect to be co-respondent) . . . 88 4.1.45 How an entity may elect to be a co-respondent . . . . . . . . . . . . . . . . . 88 83 Amendment of s 4.3.1 (Carrying out assessable development without permit) 88 84 Amendment of s 4.3.6 (Development or use carried out in emergency). . . . 88 85 Amendment of s 4.3.11 (Giving enforcement notice). . . . . . . . . . . . . . . . . . 88 86 Replacement of s 4.3.15 (Compliance with enforcement notice) . . . . . . . . . 88

8 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 4.3.15 Offences relating to enforcement notices . . . . . . . . . . . . . . . . . . . . . 89 87 Replacement of s 4.3.16 (Processing application required by enforcement notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 4.3.16 Processing application required by enforcement or show cause notice 89 88 Insertion of new ch 4, pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 4—Appeals about other matters 4.4.15 Appeals for compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . 90 89 Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works) . . . . . . . . . . . . . . . . . . . 90 90 Amendment of s 5.4.2 (Compensation for reduced value of interest in land) 92 91 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) 92 92 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 92 93 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . 92 94 Insertion of new ch 5, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 PART 7A—ENVIRONMENTAL IMPACT STATEMENTS Division 1—Preliminary 5.7A.1 When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 5.7A.2 Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 2—EIS process 5.7A.3 Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 5.7A.4 Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 5.7A.5 Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 5.7A.6 Preparation of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 5.7A.7 Public notiﬁcation of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 5.7A.8 Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 5.7A.9 Chief executive evaluates draft EIS, submissions and other relevant material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 5.7A.10 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 5.7A.11 Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 5.7A.12 Required content of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 5.7A.13 Who the chief executive must give EIS and other material to. . . . . 101 Division 3—How EIS process affects IDAS

9 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 5.7A.14 How IDAS applies for development the subject of an EIS . . . . . . . 102 Division 4—How EIS process affects designation 5.7A.15 Matters a designator must consider . . . . . . . . . . . . . . . . . . . . . . . . . 103 95 Amendment of s 5.8.8 (Chief executive may issue guidelines) . . . . . . . . . . 103 96 Amendment of ch 6 (Savings and transitionals, repeals and consequential amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 97 Amendment of s 6.1.20 (Planning scheme policies for infrastructure). . . . . 103 98 Amendment of s 6.1.24 (Certain conditions attach to land) . . . . . . . . . . . . . 104 99 Amendment of s 6.1.26 (Effect of commencement on certain applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 100 Amendment of s 6.1.30 (Deciding applications (other than under the Standard Building Regulation)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 101 Insertion of new s 6.1.35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 6.1.35A Applications to change conditions of rezoning approvals under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 102 Replacement of s 6.1.35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 6.1.35C Future effect of approvals for applications mentioned in s 3.1.6. . . 106 103 Insertion of new s 6.1.45AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 6.1.45AA Rezoning agreements under previous Acts. . . . . . . . . . . . . . . . . . 107 104 Amendment of s 6.1.45A (Development control plans under repealed Act) 107 105 Amendment of s 6.1.54 (Provisions applying for State-controlled roads) . . 109 106 Replacement of ch 6, pt 2 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 PART 2—TRANSITIONAL PROVISIONS FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 Division 1—Transitional provisions generally 6.2.1 Transitional regulations for Integrated Planning and Other Legislation Amendment Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 6.2.2 Particular planning scheme policies still valid. . . . . . . . . . . . . . . . . . 110 107 Insertion of new s 6.2.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 6.2.3 When s 3.5.31A applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 108 Amendment of sch 4 (Process for making or amending State planning policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 10 Copies of State planning policies to local governments . . . . . . . . . . 110 109 Replacement of sch 8 (Assessable, self-assessable and exempt development) 110

10 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 SCHEDULE 8 SCHEDULE 8A ASSESSMENT MANAGER FOR DEVELOPMENT APPLICATIONS SCHEDULE 9 DEVELOPMENT THAT IS EXEMPT FROM ASSESSMENT AGAINST A PLANNING SCHEME 110 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 111 Act repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 PART 3—AMENDMENT OF BUILDING ACT 1975 112 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 113 Omission of s 46A (Fees for statutory functions) . . . . . . . . . . . . . . . . . . . . . 137 PART 4—AMENDMENT OF COASTAL PROTECTION AND MANAGEMENT ACT 1995 114 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 115 Amendment of s 43B (Relationship of coastal plans with IntegratedPlanning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 PART 5—AMENDMENT OF COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2001 116 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 117 Amendment of s 15 (Insertion of new ch 2, pt 3, div 4, and pts 4–7) . . . . . . 138 118 Amendment of s 19 (Insertion of new ch 6, pt 2) . . . . . . . . . . . . . . . . . . . . . 139 Division 7—Coastal management plans under Beach Protection Act 121 Transition of coastal management plans . . . . . . . . . . . . . . . . . . . . . . 139 119 Amendment of s 21 (Amendment of sch 8 (Assessable, self-assessable and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 120 Amendment of sch (Minor amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 PART 6—AMENDMENT OF LAND SALES ACT 1984 121 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 122 Amendment of s 6 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 123 Amendment of s 8 (Restriction on selling) . . . . . . . . . . . . . . . . . . . . . . . . . . 141 124 Amendment of s 9 (Identiﬁcation of land) . . . . . . . . . . . . . . . . . . . . . . . . . . 142 125 Amendment of s 10A (Purchaser must be given registrable instrument of transfer and other documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

11 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 PART 7—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 126 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 127 Amendment of s 854 (Local laws and subordinate local laws about development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 128 Insertion of new s 919A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 919A Assessment of impacts on roads from certain activities . . . . . . . . . . 143 129 Amendment of s 1071A (Power to ﬁx regulatory fees) . . . . . . . . . . . . . . . . 144 130 Amendment of s 1071E (Register of regulatory fees). . . . . . . . . . . . . . . . . . 144 131 Insertion of new ch 19, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 PART 9—TRANSITIONAL PROVISION FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 1272 Continuation of former fees ﬁxed by local laws or resolutions 145 PART 8— AMENDMENT OF PLUMBING AND DRAINAGE ACT 2002 132 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 133 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 86A Process for assessing certain regulated work in remote areas . . . . . . 146 134 Amendment of s 87 (Minor work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 135 Amendment of s 90 (Standard Plumbing and Drainage Regulation may prescribe additional requirements and actions) . . . . . . . . . . . . . . . . . . . . . . . 147 136 Amendment of s 161 (Amendment of s 3 (Deﬁnitions)). . . . . . . . . . . . . . . . 148 137 Amendment of s 187 (Replacement of ss 40 and 41) . . . . . . . . . . . . . . . . . . 148 138 Omission of s 189 (Amendment of s 46A (Fees for statutory functions)) . . 148 139 Amendment of s 196 (Insertion of new s 4.2.12A) . . . . . . . . . . . . . . . . . . . . 148 140 Replacement of s 198 (Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 198 Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works) . . . 149 141 Omission of s 199 (Amendment of sch 8 (Assessable, self-assessable and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 142 Amendment of s 207 (Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works)) . . 149 143 Omission of pt 13 (Amendment of IntegratedPlanningandOtherLegislation Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149

12 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 PART 9—AMENDMENT OF QUEENSLAND INTERNATIONAL TOURIST CENTRE AGREEMENT ACT REPEAL ACT 1989 144 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 145 Omission of pt 2 (Repeal of act and validation of uses) . . . . . . . . . . . . . . . . 150 PART 10—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 146 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 147 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 46A Assessment of impacts on State-controlled roads from certain activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 PART 11—AMENDMENT OF VEGETATION MANAGEMENT ACT 1999 148 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 149 Amendment of s 21 (Modifying effect on development applications) . . . . . 151 PART 12—AMENDMENT OF WATER ACT 2000 150 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 151 Amendment of s 967 (IPA approval for development is subject to approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 153 MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997

Queensland Integrated Planning and Other Legislation Amendment Act 2003 Act No. 64 of 2003 An Act to amend legislation about integrated planning, and for other purposes [Assented to 16 October 2003]

s 1 14 Integrated Planning and Other Legislation Amendment Act 2003 The Parliament of Queensland enacts— s2 No. 64, 2003 PART 1—PRELIMINARY 1 Short title This Act may be cited as the Integrated Planning and Other Legislation Amendment Act 2003 . 2 Commencement (1) Section 98 is taken to have commenced on 30 March 1998. (2) Section 101 is taken to have commenced on 31 March 2003. (3) The following provisions commence on assent— (a) sections 3, 18(2), 30, 31, 37, 39 to 43, 48, 51, 52, 61, 73, 75, 76, 83 to 87, 89(1) and (2), 90 to 92, 95 to 97, 99, 100, 103 to 106, 108, 110(2) and (4) and 111; (b) part 5; (c) part 6; (d) sections 126 to 128; (e) part 8; (f) part 10; (g) schedule, amendments 1 to 4, 6 to 10, 14 to 18. (4) The remaining provisions of this Act commence on a day to be ﬁxed by proclamation.

s 3 15 s 4 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 PART 2—AMENDMENT OF INTEGRATED PLANNING ACT 1997 Division 1—Preliminary 3 Act amended in pt 2 and schedule This part and the schedule amend the Integrated Planning Act 1997. Division 2—Amendments for designations 4 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; 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— (a) every properly made submission under subsection (4); and (b) each relevant planning scheme; and (c) each relevant State planning policy. ‘ (3) For subsection (1), there has been adequate environmental assessment and public consultation in carrying out environmental assessment if—

s 4 16 s 4 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) the assessment and consultation has been carried out as required by guidelines made by the chief executive under section 5.8.8 for assessing the impacts of the development; or (b) the processes under chapter 3, part 4 and part 5, division 2, have 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, 1 prepared a report evaluating an EIS for development for the community infrastructure; or (f) the process under the EnvironmentalProtectionAct1994 , chapter 3, part 1 2 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 at least 15 business days to make a submission. 1 StateDevelopmentandPublicWorksOrganisationAct1971 , section 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report) 2 Environmental Protection Act 1994 , chapter 3 (Environmental impact statements), part 1 (EIS process)

s 5 17 s 6 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘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); and (c) the chief executive. ‘ (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 the persons mentioned in section 2.6.8(1)(a) and (b).’. 5 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) Section 5.7.6— insert — ‘(o) each notice given under section 2.6.8(1)(c).’. 6 Insertion of new ch 6, pt 2, div 2 Chapter 6, part 2— insert—

s 7 18 s 9 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘Division 2—Transitional provisions for designation ‘6.2.4 Designation processes continue ‘If before the commencement of this section a designator has started designation procedures under chapter 2, part 6, and schedule 6 or schedule 7, the designator may complete the procedures as if the IntegratedPlanningandOtherLegislation Amendment Act2003 , part 2, division 2 had not commenced.’. 7 Omission of schs 6 and 7 Schedules 6 and 7— omit . 8 Amendment of sch 10 (Dictionary) Schedule 10, deﬁnition “consultation period”— omit, insert— ‘ “consultation period” — (a) for making or amending a planning scheme—see schedule 1, section 12(1)(g); or (b) for making or amending a planning scheme policy—see schedule 3, section 2(1)(g); or (c) for making or amending a State planning policy—see schedule 4, section 3(3)(g); or (d) for making a ministerial designation of land—the period for the making of submissions stated in any notice given under section 2.6.7(4). Division 3—Amendments for infrastructure 9 Amendment of s 2.1.3 (Key elements of planning schemes) (1) Section 2.1.3(1)(d) and (e)—

s 10 19 s 11 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 omit, insert— ‘(d) includes a priority infrastructure plan. 3 ’. (2) Section 2.1.3(3)(b)— omit . 10 Replacement of s 2.1.24 (Infrastructure intentions in local planning instruments not binding) Section 2.1.24— omit, insert — ‘2.1.24 Infrastructure intentions in local planning instruments not binding ‘ (1) If a local planning instrument indicates the intention of a local government or a supplier of State infrastructure to supply infrastructure it does not create an obligation on the local government or the supplier to supply the infrastructure. ‘ (2) If a local government or a supplier of State infrastructure states a desired standard of service in a priority infrastructure plan, an entity does not have a right to expect or demand the standard.’. 11 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. 3 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.

s 12 20 s 14 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘ (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.’. 12 Amendment of s 2.6.6 (How infrastructure charges apply to designated land) Section 2.6.6, ‘part 1 (Infrastructure charges)’— omit, insert — ‘part 1 4 ’. 13 Amendment of s 2.6.12 (Designation of land by local governments) Section 2.6.12— insert — ‘ (3) However, land identiﬁed in a priority infrastructure plan as land for community infrastructure is not designated land unless it is also speciﬁcally identiﬁed as designated land.’. 14 Insertion of new s 3.2.4 After section 3.2.3— insert — ‘3.2.4 Acknowledgment notices for development inconsistent with priority infrastructure plans ‘ (1) This section applies, in addition to section 3.2.3, if the development is— (a) either or both of the following— (i) completely or partly outside a priority infrastructure area; 4 Chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding)

s 15 21 s 16 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (ii) inconsistent with the assumptions about the type, scale, location or timing of future development stated in the priority infrastructure plan; and (b) for any or all of the following— (i) residential purposes; (ii) retail or commercial purposes; (iii) industrial purposes. ‘ (2) The acknowledgment notice must also state— (a) the matters mentioned in subsection (1); and (b) additional trunk infrastructure costs may be imposed under section 5.1.25; and (c) additional infrastructure costs may be imposed under section 5.1.28.’. 15 Amendment of s 3.5.4 (Code assessment) (1) Section 3.5.4(2)— insert— ‘(d) if the assessment manager is an infrastructure provider—the priority infrastructure plan. 5 ’. (2) Section 3.5.4(4)— insert — ‘(c) for chapter 5, part 1, the infrastructure provisions of the existing planning scheme applied.’. 16 Amendment of s 3.5.5 (Impact assessment) Section 3.5.5(4)— insert— ‘(c) for chapter 5, part 1, the infrastructure provisions of the existing planning scheme applied.’. 5 See chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding).

s 17 22 s 18 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 17 Amendment of s 3.5.17 (Changing conditions and other matters during the applicant’s appeal period) Section 3.5.17— insert— ‘ (7) If the development approved by the negotiated decision notice is different from the development approved in the decision notice in a way that affects the amount of an infrastructure charge or regulated infrastructure charge, the local government may give the applicant a new infrastructure charges notice under section 5.1.8 or regulated infrastructure charges notice under section 5.1.18 to replace the original notice.’. 18 Amendment of s 3.5.32 (Conditions that can not be imposed) (1) Section 3.5.32(1)(b)— omit, insert — ‘(b) for infrastructure to which chapter 5, part 1 applies, require (other than under chapter 5, part 1)— (i) a monetary payment for the establishment, operating and maintenance costs of the infrastructure; or (ii) works to be carried out for the infrastructure; or’. (2) Section 3.5.32(1)— insert — ‘(e) limit the time a development approval has effect for a use or work forming part of a network of community infrastructure, other than State owned or State controlled transport infrastructure.’. (3) Section 3.5.32(2)— omit, insert — ‘ (2) This section does not stop a condition being imposed that requires a monetary payment, or works to be carried out, to protect or maintain the safety or efﬁciency of State owned or State controlled transport infrastructure.’.

s 19 23 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 19 Omission of ss 3.5.35 and 3.5.36 Sections 3.5.35 and 3.5.36— omit. 20 Amendment of s 4.1.21 (Court may make declarations) Section 4.1.21(1)(d)— omit. 21 Insertion of new s 4.1.36 After section 4.1.35— insert— ‘4.1.36 Appeals about infrastructure charges ‘ (1) This section applies to a person who has been given, and is dissatisﬁed with, an infrastructure charges notices. ‘ (2) The person may appeal to the court against the notice. ‘ (3) The appeal must be started within 20 business days after the day the notice is given to the person. ‘ (4) An appeal under this section may only be about— (a) the methodology used to establish the charge in the infrastructure charges schedule; or (b) an error in the calculation of the charge.’. 22 Replacement of ch 5, pt 1 Chapter 5, part 1— omit, insert —

s 22 24 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘PART 1—INFRASTRUCTURE PLANNING AND FUNDING ‘Division 1—Preliminary ‘5.1.1 Purpose of pt 1 The purpose of this part is to— (a) seek to integrate land use and infrastructure plans; and (b) establish an infrastructure planning benchmark as a basis for an infrastructure funding framework; and (c) establish an infrastructure funding framework that is equitable and accountable; and (d) integrate State infrastructure providers into the framework. ‘Division 2—Non-trunk infrastructure ‘5.1.2 Conditions local governments may impose for non-trunk infrastructure ‘ (1) If a local government imposes a condition about non-trunk infrastructure, the condition may only be for supplying infrastructure for 1 or more of the following— (a) networks internal to the premises; (b) connecting the premises to external infrastructure networks; (c) protecting or maintaining the safety or efﬁciency of the infrastructure network of which the non-trunk infrastructure is a component. ‘ (2) The condition must state— (a) the infrastructure to be supplied; and (b) when the infrastructure must be supplied.

s 22 25 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘Division 3—Trunk infrastructure ‘5.1.3 Priority infrastructure plans for trunk infrastructure ‘Each priority infrastructure plan 6 must be prepared as required by guidelines prescribed under a regulation. ‘5.1.4 Funding trunk infrastructure for certain local governments ‘ (1) Under this Act, a local government may levy a charge for supplying trunk infrastructure under either— (a) an infrastructure charges schedule; or (b) a regulated infrastructure charges schedule. 7 ‘ (2) If the local government levies a charge for a trunk infrastructure network under an infrastructure charges schedule, it must use an infrastructure charges schedule for levying charges for all the trunk infrastructure networks for which it intends to levy a charge. ‘ (3) Subsection (2) does not stop a local government from— (a) having, or not having, an infrastructure charges schedule for a part of a trunk infrastructure network; or (b) adopting infrastructure charges schedules at different times. ‘Division 4—Trunk infrastructure funding under an infrastructure charges schedule ‘5.1.5 Making or amending infrastructure charges schedules ‘ (1) Despite section 2.1.5, 8 an infrastructure charges schedule must be prepared or amended as required by— (a) guidelines prescribed under a regulation; and 6 See section 2.1.3(1)(d) (Key elements of planning schemes). 7 See the Local Government Act 1993 , chapter 14 (Rates and charges), part 2 (Making and levying rates and charges) for a local government’s power to levy rates and charges in other ways. 8 Section 2.1.5 (Process for making or amending planning schemes)

s 22 26 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) the process stated in schedule 3, 9 as if it were a planning scheme policy. ‘ (2) However, if the schedule is being prepared at the same time as the priority infrastructure plan, the process for preparing the schedule is the same as the process for preparing the plan. ‘ (3) The schedule, or an amendment of the schedule, has effect on and from— (a) the day the adoption of the schedule, or the amendment of the schedule, is ﬁrst notiﬁed in a newspaper circulating generally in the local government’s area; or (b) if a later day for the commencement of the schedule, or the amendment of the schedule, is stated in the schedule, or the amendment—the later day. ‘5.1.6 Key elements of an infrastructure charges schedule ‘ (1) An infrastructure charges schedule must state each of the following— (a) a charge (an “infrastructure charge” ) for each trunk infrastructure network identiﬁed in the schedule; (b) the estimated proportion of the establishment cost of each network to be funded by the charge; (c) when it is anticipated the infrastructure forming part of the network will be provided; (d) the estimated establishment cost of the infrastructure; (e) each area in which the charge applies; (f) each type of lot or use for which the charge applies; (g) how the charge must be calculated for— (i) each area mentioned in paragraph (e); and (ii) each type of lot or use mentioned in paragraph (f). ‘ (2) An infrastructure charge may also apply to trunk infrastructure— 9 Schedule 3 (Process for making or amending planning scheme policies)

s 22 27 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) despite section 2.1.2—that is not within, or completely within, the local government’s area; or (b) that is not owned by the local government, if the owner of the infrastructure agrees; or (c) supplied by a local government on a State-controlled road. 10 ‘5.1.7 Infrastructure charges ‘ (1) The infrastructure charge— (a) must be for a trunk infrastructure network that services, or is planned to service, premises and is identiﬁed in the priority infrastructure plan; and (b) must not be more than the proportion of the establishment cost of the network that reasonably can be apportioned to the premises for which the charge is stated, taking into account— (i) the usage of the network by the premises; or (ii) the capacity of the network allocated to the premises. ‘ (2) Also, if the infrastructure charge is levied for an existing lawful use, it must be based on the current share of usage of the network at the time the charge is levied. ‘ (3) Subsection (2) does not apply if the local government and the owner of the land to which the charge relates otherwise agree in writing. ‘ (4) However, an infrastructure charge must not be levied for a work or use of land authorised under the MineralResourcesAct1989 or the Petroleum Act 1923 . ‘5.1.8 Infrastructure charges notices ‘ (1) A notice requiring the payment of an infrastructure charge (an “infrastructure charges notice” ) must state each of the following— (a) the amount of the charge; (b) the land to which the charge applies; (c) when the charge is payable; 10 See Transport Infrastructure Act 1994 , sections 31 and 40.

s 22 28 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (d) the trunk infrastructure network for which the charge has been stated; (e) the person to whom the charge must be paid. ‘ (2) If the notice is given as a result of a development approval, the local government must give the notice to the applicant— (a) if the local government is the assessment manager—at the same time as the approval is given; or (b) in any other case—within 10 business days after the local government receives a copy of the approval. ‘ (3) If the notice is not given as a result of a development approval, the local government must give the notice to the owner of the land. ‘ (4) The charge is not recoverable unless the entitlements under the approval are exercised. ‘ (5) The notice lapses if the approval stops having effect. 11 ‘5.1.9 When infrastructure charges are payable ‘An infrastructure charge is payable— (a) if the charge applies to reconﬁguring a lot that is assessable development—before the local government approves the plan of subdivision under chapter 3, part 7; or (b) if the charge applies to building work that is assessable development—before the certiﬁcate of classiﬁcation for the building work is issued; or (c) if the charge applies to a material change of use—before the change happens; or (d) if paragraphs (a), (b) and (c) do not apply—on the day stated in the infrastructure charges notice. ‘5.1.10 Application of infrastructure charges ‘An infrastructure charge levied and collected— 11 See section 3.5.21 (When approval lapses).

s 22 29 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) for a network of trunk infrastructure, must be used to provide infrastructure for the network; or (b) for works required for the local function of State-controlled roads, must be used to provide works on the State-controlled roads. ‘5.1.11 Accounting for infrastructure charges ‘ (1) An infrastructure charge levied and collected for local works on State infrastructure must be separately accounted for. ‘ (2) To remove any doubt, it is declared that an infrastructure charge levied and collected by a local government need not be held in trust. ‘5.1.12 Agreements about, and alternatives to, paying infrastructure charges ‘ (1) Despite sections 5.1.8 and 5.1.9, a person to whom an infrastructure charges notice has been given and the infrastructure provider may enter into a written agreement about 1 or more of the following— (a) whether the charge may be paid at a different time from the time stated in the notice, and whether it may be paid by instalments; (b) whether infrastructure may be supplied instead of paying all or part of the charge; 12 (c) whether infrastructure that delivers the same standard of service as that identiﬁed in the priority infrastructure plan may be supplied instead of the infrastructure identified in the infrastructure charges schedule; (d) if section 5.1.8(2)(a) applies for the charge and the infrastructure is land owned by the applicant—whether land in fee simple may be given instead of paying the charge or part of the charge. ‘ (2) For development infrastructure that is land, the local government may give the applicant a notice, in addition to, or instead of, the notice given under section 5.1.8, requiring the person to— 12 See Transport Infrastructure Act 1994 , sections 31 and 40 for works involving a State-controlled road.

s 22 30 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) give to the local government, in fee simple, part of the land the subject of the development application; or (b) give to the local government, in fee simple, part of the land the subject of the development application and an infrastructure charge. ‘ (3) If the applicant is required to give land under subsection (2)(a), or a combination of land and a charge under subsection (2)(b), the total value of the contribution must not be more than the amount of the charge mentioned in section 5.1.8(1). ‘ (4) The applicant must comply with the notice as soon as practicable. ‘ (5) If subsection (1)(d) or (2) applies and the land is to be given to the local government for public parks infrastructure or local community facilities, the land must be given on trust. ‘5.1.13 Local government may supply different trunk infrastructure from that identiﬁed in a priority infrastructure plan ‘A local government may supply different trunk infrastructure from the infrastructure identified in the priority infrastructure plan if the infrastructure supplied delivers the same desired standard of service for the relevant network. ‘5.1.14 Infrastructure charges taken to be a rate ‘ (1) An infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the LocalGovernment Act 1993 . ‘ (2) However, if the local government and an applicant enter into a written agreement stating the charge is a debt owing to it by the applicant or person, subsection (1) does not apply. ‘Division 5—Trunk infrastructure funding under a regulated infrastructure charges schedule ‘5.1.15 Regulated infrastructure charge ‘A regulation may prescribe—

s 22 31 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) a charge for the supply of trunk infrastructure; and (b) development for which the charge may be levied. ‘5.1.16 Adopting and notifying regulated infrastructure charges schedule ‘ (1) A local government may, by resolution, adopt a schedule of charges (a “regulated infrastructure charges schedule” ) for the establishment cost of trunk infrastructure in a local government area. ‘ (2) Each charge in the schedule must not be more than the amount prescribed under section 5.1.15 for the charge. ‘ (3) The schedule must state— (a) the charge for each trunk infrastructure network identiﬁed in the schedule; and (b) development to which the charge applies; and (c) the areas within which each charge applies. ‘ (4) As soon as practicable after the local government decides to adopt a regulated infrastructure charges schedule, the local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following— (a) the name of the local government; (b) that a regulated infrastructure charges schedule, for the supply of trunk infrastructure in the local government’s area, has been adopted; (c) the day the resolution was made; (d) the day the schedule applies; (e) whether the schedule replaces an existing schedule; (f) that a copy of the schedule is available for inspection and purchase. ‘ (5) On the day the notice is published (or as soon as practicable after the day), the local government must give the chief executive— (a) a copy of the notice; and (b) 3 certiﬁed copies of the schedule.

s 22 32 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘ (6) The schedule has effect on and from— (a) the day the adoption of the schedule is ﬁrst notiﬁed in a newspaper circulating generally in the local government’s area; or (b) if a later day for the commencement of the schedule is stated in the schedule—the later day. ‘ (7) A copy of the schedule must be attached to each copy of the local government’s planning scheme. ‘ (8) To remove any doubt, it is declared that the schedule is not part of the local government’s planning scheme. ‘5.1.17 Regulated infrastructure charges ‘ (1) A charge in a regulated infrastructure charges schedule (a “regulated infrastructure charge” ) for premises must be for a trunk infrastructure network that services, or is planned to service, the premises and is identiﬁed in the priority infrastructure plan. ‘ (2) However, a regulated infrastructure charge must not be levied for a work or use of land authorised under the Mineral Resources Act 1989 or the Petroleum Act 1923 . ‘5.1.18 Regulated infrastructure charges notice ‘ (1) A notice requiring the payment of a regulated infrastructure charge (a “regulated infrastructure charges notice” ) must state each of the following— (a) the amount of the charge; (b) the land to which the charge applies; (c) when the charge is payable; (d) the trunk infrastructure network for which the charge has been stated. ‘ (2) The local government must give the notice to the applicant— (a) if the local government is the assessment manager—at the same time as the development approval is given; or

s 22 33 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) in any other case—within 10 business days after the local government receives a copy of the approval. ‘ (3) The charge is not recoverable unless the entitlements under the approval are exercised. ‘ (4) The notice lapses if the approval stops having effect. 13 ‘5.1.19 When regulated infrastructure charges are payable ‘A regulated infrastructure charge is payable— (a) if the charge applies to reconﬁguring a lot that is assessable development—before the local government approves the plan of subdivision under chapter 3, part 7; or (b) if the charge applies to building work that is assessable development—before the certiﬁcate of classiﬁcation for the building work is issued; or (c) if the charge applies to a material change of use—before the change happens; or (d) otherwise—on the day stated in the regulated infrastructure charges notice. ‘5.1.20 Application of regulated infrastructure charges ‘A regulated infrastructure charge levied and collected for a network of trunk infrastructure must be used to provide infrastructure for the network. ‘5.1.21 Accounting for regulated infrastructure charges ‘To remove any doubt, it is declared that a regulated infrastructure charge levied and collected by a local government need not be held in trust. 13 See section 3.5.21 (When approval lapses).

s 22 34 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘5.1.22 Agreements about, and alternatives to, paying regulated infrastructure charges ‘Despite sections 5.1.18 and 5.1.19, a person to whom a regulated infrastructure charges notice has been given and the infrastructure provider may enter into a written agreement about 1 or more of the following— (a) whether the charge may be paid at a different time from the time stated in the notice, and whether it may be paid by instalments; (b) whether infrastructure may be supplied instead of paying all or part of the charge. ‘5.1.23 Regulated infrastructure charges taken to be a rate ‘ (1) A regulated infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 1993 . ‘ (2) However, if the local government and an applicant enter into a written agreement stating the charge is a debt owing to it by the applicant or person, subsection (1) does not apply. ‘Division 6—Conditions local governments may impose for necessary trunk infrastructure ‘5.1.24 Conditions local governments may impose for necessary trunk infrastructure ‘ (1) This section applies if— (a) existing trunk infrastructure necessary to service the premises is not adequate and trunk infrastructure adequate to service the premises is identiﬁed in the priority infrastructure plan; or (b) trunk infrastructure to service the premises is necessary, but is not yet available and is identiﬁed in the priority infrastructure plan; or (c) trunk infrastructure identiﬁed in the priority infrastructure plan crosses the premises. ‘ (2) A local government may require different trunk infrastructure from the infrastructure identiﬁed in the priority infrastructure plan if the required

s 22 35 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 infrastructure delivers the same desired standard of service for the relevant network. ‘ (3) The local government may impose a condition requiring the applicant to construct the trunk infrastructure mentioned in subsection (1) or (2), even if the infrastructure will service other premises. ‘ (4) The condition must state— (a) the trunk infrastructure to be constructed; and (b) when the infrastructure must be constructed. ‘ (5) Subsection (6) applies if— (a) the trunk infrastructure mentioned in subsection (3) services, or is planned to service, other premises; and (b) the amount of the value of the infrastructure is more than the amount of the value of the charge for the network. ‘ (6) The applicant— (a) does not have to pay an infrastructure charge for the network; and (b) is entitled to a refund from the infrastructure provider, on terms agreed with the infrastructure provider, for the proportion of the establishment cost of the trunk infrastructure mentioned in subsection (3)— (i) that reasonably can be apportioned to the other users’ premises mentioned in subsection (5)(a); and (ii) collected, or to be collected, under an infrastructure charges schedule. ‘ (7) If subsection (6) does not apply, the amount of the value of the infrastructure supplied under the condition for a network must be offset against any charge that may be levied for the premises under section 5.1.8 for the network. ‘ (8) A condition imposed under subsection (3) complies with section 3.5.30— (a) for subsection (1)(a) or (b)— (i) to the extent the infrastructure is necessary to service the premises; and

s 22 36 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (ii) if the infrastructure is the most efﬁcient and cost effective solution for servicing the premises; and (b) for subsection (1)(c)—to the extent the infrastructure is not an unreasonable imposition on— (i) the development; or (ii) the use of premises as a consequence of the development. ‘Division 7—Conditions local governments may impose for additional trunk infrastructure costs ‘5.1.25 Conditions local governments may impose for additional trunk infrastructure costs ‘ (1) A local government may not impose a condition requiring the payment of additional trunk infrastructure costs unless the local government has given an acknowledgment notice under section 3.2.4. ‘ (2) A local government may impose a condition requiring the payment of additional trunk infrastructure costs only if the development— (a) is— (i) inconsistent with the assumptions about the type, scale, location or timing of future development stated in the priority infrastructure plan; or (ii) for premises completely or partly outside the priority infrastructure area; and (b) would impose additional trunk infrastructure costs on the infrastructure provider after taking into account either or both of the following— (i) infrastructure charges or regulated infrastructure charges levied for the development; (ii) trunk infrastructure supplied, or to be supplied by the applicant under divisions 4 to 6. ‘ (3) A condition mentioned in subsection (2) must state each of the following— (a) why the condition is required;

s 22 37 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) the amount of the payment required; (c) details of the infrastructure for which the payment is required; (d) when the payment must be made; (e) the person to whom the payment must be made; (f) the applicant may elect to supply all or part of the infrastructure instead of making payment for the infrastructure to be supplied; (g) if the applicant makes an election under paragraph (f)— (i) any requirements for supplying the infrastructure; and (ii) when the infrastructure must be supplied. ‘ (4) Unless the applicant and the infrastructure provider otherwise agree in writing, for subsection (3)(d), the payment must be made— (a) if the trunk infrastructure is necessary to service the premises—by the day the development, or work associated with the development, starts; or (b) if the trunk infrastructure is not necessary to service the premises— (i) for reconﬁguring a lot—before the local government approves the plan of subdivision under chapter 3, part 7; or (ii) for other development—before the use commences. ‘ (5) Subsection (6) applies if— (a) a development approval no longer has effect; and (b) a payment for the additional trunk infrastructure costs has been made; and (c) construction of the infrastructure has not substantially commenced before the approval ceased having effect. ‘ (6) The local government must repay to the person who made the payment any part of the payment the local government has not spent, or contracted to spend, on the design and construction of the infrastructure. ‘ (7) A condition imposed under this division complies with section 3.5.30, to the extent the trunk infrastructure is necessary, but not yet available, to service development, even if the infrastructure is also intended to service other development.

s 22 38 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘ (8) A local government may not impose a condition under this division for a supplier of State infrastructure. ‘ (9) Nothing in this division stops a local government from— (a) levying a charge for the establishment cost of the component of the trunk infrastructure network included in the infrastructure charges schedule; or (b) imposing a condition for non-trunk infrastructure; or (c) imposing a condition for necessary trunk infrastructure. ‘5.1.26 Local government additional trunk infrastructure costs in priority infrastructure areas ‘ (1) The costs that may be required by a local government under section 5.1.25, for development completely in the priority infrastructure area, may only include— (a) for trunk infrastructure to be supplied earlier than anticipated in the priority infrastructure plan—the difference between the establishment cost of the infrastructure made necessary by the development and the amount of any charge paid for the infrastructure; or (b) for trunk infrastructure associated with a different type, scale or intensity of development from that anticipated in the priority infrastructure plan— (i) for a different type, a greater scale or a greater intensity of development—the establishment cost of any additional trunk infrastructure made necessary by the development; or (ii) for a lesser scale or lesser intensity of development—the difference between the establishment cost of the infrastructure identiﬁed in the plan and the establishment cost of the infrastructure necessary for the development. ‘ (2) The applicant is entitled to a refund from the infrastructure provider, on terms agreed with the infrastructure provider, for the proportion of the establishment cost of the infrastructure— (a) that reasonably can be apportioned to the other users of the infrastructure mentioned in subsection (1)(a) or (1)(b)(i); and

s 22 39 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) collected, or to be collected, under an infrastructure charges schedule. ‘5.1.27 Local government additional trunk infrastructure costs outside priority infrastructure areas ‘ (1) The costs that may be required under section 5.1.25, for development completely or partly outside the priority infrastructure area, may only include, for each network— (a) the establishment cost of any trunk infrastructure made necessary by the development; and (b) either or both of the following establishment costs of any temporary infrastructure— (i) costs required to ensure the safe or efﬁcient operation of the infrastructure mentioned in paragraph (a); or (ii) costs made necessary by the development; and (c) the decommissioning, removal and rehabilitation costs of any temporary infrastructure mentioned in paragraph (b); and (d) the maintenance and operating costs of the infrastructure mentioned in paragraphs (a) and (b), for up to 5 years. ‘ (2) Subsection (3) applies if the planning scheme indicates the premises is part of an area intended for future development for— (a) residential purposes; or (b) retail or commercial purposes; or (c) industrial purposes. ‘ (3) For subsection (1)(a), trunk infrastructure made necessary by the development includes the trunk infrastructure necessary to service the balance of the area mentioned in subsection (2).

s 22 40 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘Division 8—Conditions State infrastructure providers may impose for infrastructure ‘5.1.28 Conditions State infrastructure provider may impose ‘ (1) A State infrastructure provider may impose a condition about either or both of the following— (a) infrastructure; (b) works to protect the operation of the infrastructure. ‘ (2) The condition must be only for— (a) protecting or maintaining the safety or efﬁciency of the provider’s infrastructure network; or (b) additional infrastructure costs. Examples of a condition for safety or efﬁciency — 1. A deceleration lane and entry access to a shopping centre development. 2. Trafﬁc signals at an intersection 1 block from a shopping centre development. 3. Upgrading transverse drainage under a State-controlled road because of increased hard stand parking area from development. 4. Road shoulder widening added to reconstruction of a road because of increased trafﬁc loading to stop road edge wear. Example of a condition for additional infrastructure costs — Contribution for the construction of road works on a State-controlled road when land, not in the priority infrastructure area is developed as a large town-house estate—such as for the provision of footpaths, kerb and channel with ancillary drainage and a landscaped noise buffer. ‘ (3) A condition under subsection (1) may require either or both of the following— (a) infrastructure to be supplied at a different standard to the standard stated in the priority infrastructure plan; (b) different infrastructure to be supplied to the infrastructure identiﬁed in the priority infrastructure plan. ‘ (4) Subsection (5) applies if infrastructure mentioned in subsection (3)—

s 22 41 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (a) has replaced, or is to replace, infrastructure for which a local government has collected, or may collect, an infrastructure charge; and (b) provides the same desired standard of service as the replaced infrastructure. ‘ (5) The local government must— (a) give the charge collected to the State infrastructure provider to be used— (i) for the construction of the infrastructure; or (ii) to reimburse the person who constructed the infrastructure; or (b) enter into an agreement with the State infrastructure provider and the person required to comply with the condition about when payment of the charge collected will be made— (i) for the construction of the infrastructure; or (ii) to reimburse the person who constructed the infrastructure. ‘ (6) In this section— “infrastructure network” , for State owned or State controlled transport infrastructure, means transport infrastructure under the TransportInfrastructure Act 1994 that is owned or controlled by the State. “safety or efﬁciency of the provider’s infrastructure network” means the safety of any of the users of the provider’s infrastructure network and others impacted by the network or the efﬁciency of the use of the provider’s infrastructure network. 14 ‘5.1.29 Requirements for conditions about safety or efﬁciency ‘A condition imposed under section 5.1.28(2)(a) for supplying, or contributing toward the cost of, infrastructure must state— (a) the infrastructure or works to be supplied or the contribution to be made; and 14 See any guidelines made by the chief executive administering the TransportInfrastructureAct1994 about safety or efﬁciency of a provider’s infrastructure network.

s 22 42 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) when the infrastructure or works must be supplied or the contribution made. ‘5.1.30 Requirements for conditions about additional infrastructure costs ‘ (1) A State infrastructure provider may impose a condition under section 5.1.28(2)(b) only to the extent the development— (a) is— (i) inconsistent with the assumptions stated in the priority infrastructure plan; or (ii) for premises completely or partly outside the priority infrastructure area; and (b) imposes additional infrastructure costs on the State infrastructure provider. ‘ (2) A condition mentioned in subsection (1) must state each of the following— (a) why the condition is required; (b) the amount of the payment required; (c) details of the infrastructure for which the payment is required; (d) when the payment must be made; (e) the person to whom the payment must be made; (f) the applicant may elect to supply all or part of the infrastructure instead of making payment for the infrastructure to be supplied; (g) if the applicant makes an election under paragraph (f)— (i) any requirements for supplying the infrastructure; and (ii) when the infrastructure must be supplied. ‘ (3) Unless the applicant and the infrastructure provider otherwise agree in writing, for subsection (2)(d), the payment must be made— (a) if the trunk infrastructure is necessary to service the premises—by the day the development, or work associated with the development, starts; or

s 22 43 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 (b) if the trunk infrastructure is not necessary to service the premises— (i) for reconﬁguring a lot—before the local government approves the plan of subdivision under chapter 3, part 7; or (ii) for other development—before the use commences. ‘ (4) Subsection (5) applies if— (a) a development approval no longer has effect; and (b) a payment for the additional infrastructure costs had been made; and (c) construction of the infrastructure has not substantially commenced before the approval ceased having effect. ‘ (5) The State infrastructure provider must repay to the person who made the payment any part of the payment the State infrastructure provider has not spent, or contracted to spend, on the design and construction of the infrastructure. ‘ (6) A condition imposed under this division complies with section 3.5.30, to the extent the infrastructure is necessary, but not yet available, to service development, even if the infrastructure is also intended to service other development. ‘5.1.31 State infrastructure provider additional infrastructure costs in priority infrastructure areas ‘ (1) The costs that may be required by a State infrastructure provider under section 5.1.30, for development completely in the priority infrastructure area, may only include— (a) for infrastructure to be supplied earlier than the time anticipated in the priority infrastructure plan, the difference between— (i) the present value of the establishment cost of the infrastructure; and (ii) the present value of the establishment cost of the infrastructure, if the approval had not been given; or (b) for infrastructure associated with a different type, scale or intensity of development from that anticipated in the priority

s 22 44 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 infrastructure plan—the establishment cost of any additional infrastructure made necessary by the development. ‘ (2) The applicant is entitled to a refund from the State infrastructure provider, on terms agreed with the State infrastructure provider, and the local government for the proportion of the establishment cost of the infrastructure— (a) that reasonably can be apportioned to the other users’ premises mentioned in subsection (1)(b); and (b) collected, or to be collected, under an infrastructure charges schedule. ‘5.1.32 State infrastructure provider additional infrastructure costs outside priority infrastructure areas ‘ (1) The costs that may be required under section 5.1.30, for development completely or partly outside the priority infrastructure area, may only include— (a) the establishment cost of any infrastructure made necessary by the development; and (b) the maintenance and operating costs of the infrastructure mentioned in paragraph (a) for up to 5 years; and (c) the establishment, maintenance and operating costs of any temporary infrastructure required to ensure the safe or efﬁcient operation of the infrastructure mentioned in paragraph (a) for up to 5 years. ‘ (2) Subsection (3) applies if the planning scheme indicates the premises is part of an area intended for future development for— (a) residential purposes; or (b) retail or commercial purposes; or (c) industrial purposes. ‘ (3) For subsection (1)(a), infrastructure made necessary by the development includes the infrastructure necessary to service the balance of the area mentioned in subsection (2).

s 22 45 s 22 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘Division 9—Miscellaneous ‘5.1.33 Agreements for infrastructure partnerships ‘ (1) A person may enter into a written agreement with a public sector entity about— (a) supplying or funding infrastructure; or (b) refunding payments made towards the cost of supplying or funding infrastructure. ‘ (2) Subsection (1) has effect despite divisions 2 to 8 or chapter 3, part 5, division 6. ‘5.1.34 Sale of certain land held on trust by local governments ‘ (1) Subsection (2) applies if— (a) a local government intends to sell land it holds on trust in fee simple; and (b) the land is held on trust for public parks infrastructure or local community facilities; and (c) the local government completely or partly obtained the land in relation to an infrastructure charge levied, or a condition of an approval given, under this or the repealed Act; and (d) the sale of the land would not be inconsistent with a current infrastructure agreement under which the local government obtained the land. ‘ (2) The local government must advertise its intention to sell the land by placing a notice of the sale in a newspaper circulating in the local government’s area. ‘ (3) The notice must contain— (a) a description of the land proposed to be sold; and (b) the purpose for which the land was given on trust; and (c) the reason for proposing to sell the land; and (d) the reasonable time within which submissions must be made.

s 23 46 s 23 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 ‘ (4) The local government must consider all submissions in relation to the notice before making a decision about the sale. ‘ (5) If a local government complies with this section and sells the land— (a) the land is sold free of the trust; and (b) the proceeds of the sale must be used for providing public parks infrastructure or land for local community facilities servicing the land.’. 23 Amendment of s 5.2.1 (Meaning of “infrastructure agreement”) Section 5.2.1, deﬁnition of “infrastructure agreement” — omit, insert — ‘ “infrastructure agreement” means an agreement, as amended from time to time, mentioned in any of the following sections— • section 3.5.34, to the extent the agreement is about a condition for the payment for, or the supply of, infrastructure • section 5.1.7 • section 5.1.12 • section 5.1.14 • section 5.1.22 • section 5.1.23 • section 5.1.24 • section 5.1.25 • section 5.1.26 • section 5.1.28 • section 5.1.30 • section 5.1.31 • section 5.1.33.’.

s 24 47 s 27 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 24 Omission of s 5.2.2 (Agreements may be entered into about infrastructure) Section 5.2.2— omit. 25 Amendment of s 5.2.7 (Infrastructure agreements prevail if inconsistent with development approval) Section 5.2.7— insert — ‘ (2) To the extent an infrastructure agreement is inconsistent with an infrastructure charges notice or a regulated infrastructure charges notice, the agreement prevails.’. 26 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) (1) Section 5.4.4(1)(b), after ‘land’— insert— ‘or the clearing of vegetation’. (2) Section 5.4.4(1)(e) and (f)— omit, insert— ‘(e) is about the matters comprising a priority infrastructure plan; or’. 27 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) (1) Section 5.7.2(1)— insert — ‘(na)a register (the “infrastructure charges register” ) of all infrastructure charges levied by the local government; (nb) a register (the “regulated infrastructure charges register” ) of all regulated infrastructure charges levied by the local government;

s 110 134 Integrated Planning and Other LegislationAmendment Act 2003 s 110 No. 64, 2003 (i) from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily ﬂow and reﬂow; and (ii) adjacent to the local government’s area; and (b) to the extent 1 bank of a tidal river or estuarine delta is in the local government’s area, the part of the river or delta between high-water mark and the middle of the river or delta that is— (i) from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily ﬂow and reﬂow; and (ii) adjacent to the local government’s area; and (c) if the boundary of the local government’s area is the high-water mark or is seaward of the high-water mark—the area that is seaward and within 50 m of the high-water mark. 2. “Tidal area”, for a local government, does not include a tidal area for strategic port land. “tidal area” , for strategic port land, means— (a) to the extent both banks of a tidal river or estuarine delta are part of the strategic port land, the part of the river or delta below high-water mark that is— (i) from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily ﬂow and reﬂow; and (ii) adjacent to the strategic port land; and (b) to the extent 1 bank of a tidal river or estuarine delta is part of the strategic port land, the part of the river or delta between high-water mark and the middle of the river or delta that is— (i) from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily ﬂow and reﬂow; and (ii) adjacent to the strategic port land; and (c) if the boundary of the strategic port land is the high-water mark or is seaward of the high-water mark—the area that is seaward and within 50 m of the high-water mark.

s 110 135 Integrated Planning and Other LegislationAmendment Act 2003 s 110 No. 64, 2003 “tidal water” see the Coastal Protection and Management Act 1995 . “tidal works” — 1. “Tidal works” means work in, on or above land under tidal water, or land that will or may be under tidal water because of development on or near the land. 2. “Tidal works” includes the construction of a basin, boat ramp, breakwater, bridge, dam, dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, power line, seawall, slip, small craft facility, training wall or wharf and works in tidal water necessarily associated with the construction. 3. “Tidal works” does not include— (a) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; or (b) building a drain that— (i) is less than 1 m deep; and (ii) has a cross sectional area less than 2.5 m 2 ; or (c) assessable development under schedule 8, part 1, table 4, item 5(b); or (d) removing quarry material that has accumulated within the boundaries of, or in an area adjoining, a previously approved tidal work to allow the work to be used for the function for which it was approved; or (e) removing quarry material from land under tidal water, if the removal is for no other purpose than the sale of the material. “watercourse” , for schedule 8, part 1, table 4, item 5(b)(iv), means a river, creek or stream in which water ﬂows permanently or intermittently— (a) in a natural channel, whether artiﬁcially improved or not; or (b) in an artiﬁcial channel that has changed the course of the watercourse. “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.’. (4) Schedule 10—

s 111 136 Integrated Planning and Other LegislationAmendment Act 2003 s 111 No. 64, 2003 insert — ‘ “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 or mapping error in the instrument; or (d) a factual matter incorrectly stated in the instrument; or (e) redundant or outdated terms. “preliminary consultation period” see schedule 1, section 5(1)(e). “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. “Public sector entity” includes a government owned corporation.’. (5) Schedule 10, deﬁnition “properly made submission”, paragraph (b)— omit, insert — ‘(b) is received— (i) if the submission is about a draft EIS or a designation—on or before the last day for making the submission; or (ii) if the submission is about a development application—during the notiﬁcation period; or (iii) in any other case—during the consultation period or preliminary consultation period; and’. 111 Act repealed The Integrated Planning and Other Legislation Amendment Act 2001 is repealed.

s 112 137 Integrated Planning and Other LegislationAmendment Act 2003 s 115 No. 64, 2003 PART 3—AMENDMENT OF BUILDING ACT 1975 112 Act amended in pt 3 This part amends the Building Act 1975. 113 Omission of s 46A (Fees for statutory functions) Section 46A— omit. PART 4—AMENDMENT OF COASTAL PROTECTION AND MANAGEMENT ACT 1995 114 Act amended in pt 4 This part amends the Coastal Protection and Management Act 1995. 115 Amendment of s 43B (Relationship of coastal plans with Integrated Planning Act 1997) Section 43B(2)(c)— omit, insert— ‘(c) section 2.6.7.’.

s 116 138 Integrated Planning and Other LegislationAmendment Act 2003 s 117 No. 64, 2003 PART 5—AMENDMENT OF COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2001 116 Act amended in pt 5 This part amends the CoastalProtectionandManagementandOtherLegislation Amendment Act 2001. 117 Amendment of s 15 (Insertion of new ch 2, pt 3, div 4, and pts 4–7) (1) Section 15, inserted section 61ZJ(1)— omit, insert — ‘ (1) In assessing the application the chief executive must— (a) if the chief executive is the assessment manager—consider the potential impact of the development on coastal management; or (b) if the chief executive is a concurrence agency—consider the potential impact of the development on coastal management excluding amenity or aesthetic signiﬁcance or value.’. (2) Section 15, inserted section 61ZJ(2), all words before paragraph (a)— omit, insert — ‘ (2) Without limiting subsection (1), if the chief executive is the assessment manager, the chief executive must consider the following—’. (3) Section 15, inserted section 61ZJ— insert — ‘ (2A) Without limiting subsection (1), if the chief executive is a concurrence agency, the chief executive must consider the matters mentioned in subsection (2) other than amenity or places or objects that have aesthetic significance or value.’. (4) Section 15, inserted section 61ZZC(1)— insert— ‘(c) the land is freehold land, including inundated land; or (d) the land is a reserve under the Land Act 1994 .’.

s 118 139 Integrated Planning and Other LegislationAmendment Act 2003 s 119 No. 64, 2003 118 Amendment of s 19 (Insertion of new ch 6, pt 2) Section 19, after inserted section 120— insert— ‘Division 7—Coastal management plans under Beach Protection Act ‘121 Transition of coastal management plans ‘ (1) This section applies to a coastal management plan approved under the Beach Protection Act, section 38 and in force immediately before the commencement of this section. ‘ (2) From the commencement, the plan continues in force as if the BeachProtection Act had not been repealed until a regional coastal management plan, replacing the coastal management plan, takes effect.’. 119 Amendment of s 21 (Amendment of sch 8 (Assessable, self-assessable and exempt development)) Section 21(3), deﬁnition “tidal works”— omit, insert— ‘ “tidal works” — 1. “Tidal works” means work in, on or above land under tidal water, or land that will or may be under tidal water because of development on or near the land. 2. “Tidal works” includes the construction of a basin, boat ramp, breakwater, bridge, dam, dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, power line, seawall, slip, small craft facility, training wall or wharf and works in tidal water necessarily associated with the construction. 3. “Tidal works” does not include— (a) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; or (b) building a drain that— (i) is less than 1 m deep; and (ii) has a cross sectional area less than 2.5 m 2 ; or

s 120 140 Integrated Planning and Other LegislationAmendment Act 2003 s 120 No. 64, 2003 (c) assessable development under schedule 8, part 1, table 4, item 5(b); or (d) removing quarry material that has accumulated within the boundaries of, or in an area adjoining, a previously approved tidal work to allow the work to be used for the function for which it was approved; or (e) removing quarry material from land under tidal water, if the removal is for no other purpose than the sale of the material.’. 120 Amendment of sch (Minor amendments) Schedule, item 30, deﬁnition “tidal works”— omit, insert— ‘ “tidal works” — 1. “Tidal works” means work in, on or above land under tidal water, or land that will or may be under tidal water because of development on or near the land. 2. “Tidal works” includes the construction of a basin, boat ramp, breakwater, bridge, dam, dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, power line, seawall, slip, small craft facility, training wall or wharf and works in tidal water necessarily associated with the construction. 3. “Tidal works” does not include— (a) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; or (b) building a drain that— (i) is less than 1 m deep; and (ii) has a cross sectional area less than 2.5 m 2 ; or (c) assessable development under schedule 8, part 1, table 4, item 5(b); or (d) removing quarry material that has accumulated within the boundaries of, or in an area adjoining, a previously

s 121 141 Integrated Planning and Other LegislationAmendment Act 2003 s 123 No. 64, 2003 approved tidal work to allow the work to be used for the function for which it was approved; or (e) removing quarry material from land under tidal water, if the removal is for no other purpose than the sale of the material.’. PART 6—AMENDMENT OF LAND SALES ACT 1984 121 Act amended in pt 6 This part amends the Land Sales Act 1984 . 122 Amendment of s 6 (Deﬁnitions) (1) Section 6, deﬁnition “subdivision application”— omit. (2) Section 6— insert — ‘ “development permit” see Integrated Planning Act 1997 , schedule 10. “operational work” see Integrated Planning Act 1997 , section 1.3.5. “reconﬁguring a lot” see Integrated Planning Act 1997 , section 1.3.5.’. 123 Amendment of s 8 (Restriction on selling) Section 8(1)(a), (b) and (c)— omit, insert— ‘(a) if there is no operational work for the proposed allotment—there is an effective development permit for reconﬁguring a lot for the allotment; or (b) if paragraph (a) does not apply—there is an effective development permit for the operational work associated with reconﬁguring a lot for the allotment.’.

s 124 142 Integrated Planning and Other LegislationAmendment Act 2003 s 127 No. 64, 2003 124 Amendment of s 9 (Identiﬁcation of land) (1) Section 9(2)(a)— omit, insert— ‘(a) a copy of any plan for reconﬁguring a lot for the allotment forming part of a development permit mentioned in section 8(1)(a);’. (2) Section 9(3)(d)— omit, insert — ‘(d) if a development permit mentioned in section 8(1)(a) is subject to conditions—the conditions;’. 125 Amendment of s 10A (Purchaser must be given registrable instrument of transfer and other documents) Section 10A(3)(b)— omit, insert— ‘(b) for operational work mentioned in section 8(1)(b)—a copy of a plan showing the constructed works (the “as constructed plan” );’. PART 7—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 126 Act amended in pt 7 This part amends the Local Government Act 1993. 127 Amendment of s 854 (Local laws and subordinate local laws about development) (1) Section 854— insert—

s 128 143 Integrated Planning and Other LegislationAmendment Act 2003 s 128 No. 64, 2003 ‘ (1A) Subsection (1) does not apply for local laws about the following until the local government makes a decision under the Integrated PlanningAct1997 , schedule 1, section 1, to prepare its second IPA planning scheme— (a) gates and grids; (b) levees; (c) advertising devices; (d) roadside dining.’. (2) Section 854(5)— omit . 128 Insertion of new s 919A After section 919— insert— ‘919A Assessment of impacts on roads from certain activities ‘ (1) This section applies if— (a) a local government considers the carrying on of an activity prescribed under a regulation is having, or will have, a signiﬁcant adverse impact on a road under its control; and (b) the activity is not for— (i) a signiﬁcant project under the StateDevelopmentandPublic Works Organisation Act 1971 ; or (ii) development declared under its planning scheme under the Integrated Planning Act 1997 to be assessable development. ‘ (2) The local government may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the local government to assess the impact. ‘ (3) After assessing the impact, the local government may decide to do 1 or more of the following— (a) give the entity a direction about the use of the road to lessen the impact; or (b) require the entity—

s 129 144 Integrated Planning and Other LegislationAmendment Act 2003 s 130 No. 64, 2003 (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. ‘ (4) The local government may require the works to be carried out or the amount to be paid before the impact commences or intensiﬁes. ‘ (5) The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the local government and may be recovered in a court of competent jurisdiction. ‘ (6) The regulation mentioned in subsection (1)(a)— (a) must contain a process under which the local government’s decision may be reviewed; and (b) may contain a process for enforcing the decision.’. 129 Amendment of s 1071A (Power to ﬁx regulatory fees) (1) Section 1071A(1)— insert— ‘(e) the performance of a function, other than a function mentioned in paragraphs (a) to (d), imposed on the local government under the BuildingAct1975 or the IntegratedPlanningAct1997 , chapter 5, part 3. 39 ’. (2) Section 1071A— insert — ‘ (5) A local law or resolution for subsection (1)(e) must state— (a) the person liable to pay the regulatory fee; and (b) the period within which the fee must be paid.’. 130 Amendment of s 1071E (Register of regulatory fees) Section 1071E(3)(b)— insert— 39 IntegratedPlanningAct1997 , chapter 5 (Miscellaneous), part 3 (Private certiﬁcation)

s 131 145 Integrated Planning and Other LegislationAmendment Act 2003 s 132 No. 64, 2003 (iv) section 1071A(1)(e)—the provision of the BuildingAct1975 or the Integrated Planning Act 1997 under which the function is imposed.’. 131 Insertion of new ch 19, pt 9 Chapter 19— insert — ‘PART 9—TRANSITIONAL PROVISION FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 ‘1272 Continuation of former fees ﬁxed by local laws or resolutions ‘The following fees, relating to a function mentioned in section 1071A(1)(e), 40 are taken to be regulatory fees ﬁxed under section 1071A— (a) a fee ﬁxed under the Building Act 1975 , section 46A before the commencement of this section; (b) a fee ﬁxed under the IntegratedPlanningAct1997 , section 5.3.5(8) before the commencement of this section.’. PART 8— AMENDMENT OF PLUMBING AND DRAINAGE ACT 2002 132 Act amended in pt 8 This part amends the Plumbing and Drainage Act 2002 . 40 Section 1071A (Power to ﬁx regulatory fees)

s 133 146 Integrated Planning and Other LegislationAmendment Act 2003 s 133 No. 64, 2003 133 Insertion of new s 86A After section 86— insert— ‘86A Process for assessing certain regulated work in remote areas ‘ (1) Subsection (2) applies for regulated work— (a) to be carried out in an area prescribed under a regulation as a remote area; and (b) the local government has, by resolution, declared it is satisﬁed that in the absence of assessment of the work at the stages prescribed under a regulation by an inspector will not adversely affect public health or safety. ‘ (2) A request for compliance assessment of the work must be— (a) in the approved form; and (b) made to the local government; and (c) accompanied by the fee ﬁxed by resolution of the local government. ‘ (3) After the work has been completed the local government— (a) must be given a notice stating that the work complies with the requirements of the StandardPlumbingandDrainageRegulation; and (b) may ask the person who made the request to provide a plan of the completed work. ‘ (4) The request must be decided within 3 business days— (a) if the local government has not requested a plan of the work—after receiving the notice; or (b) if the local government has requested a plan of the work—after receiving the plan. ‘ (5) The local government must in deciding the request— (a) give the person making the request a compliance certiﬁcate; or (b) refuse to give a compliance certiﬁcate.

s 134 147 Integrated Planning and Other LegislationAmendment Act 2003 s 135 No. 64, 2003 ‘ (6) If the local government gives a compliance certiﬁcate, the local government must also give a copy of the certiﬁcate to the owner of the premises to which the certiﬁcate relates. ‘ (7) If the local government does not decide the request within the time stated in subsection (4), the request is taken to have been refused. ‘ (8) If the local government refuses to give a compliance certiﬁcate, the local government must give the person who made the request an information notice about the decision. 41 ‘ (9) If a local government makes a resolution for subsection (1), the local government must— (a) give a copy of the resolution to the chief executive; and (b) ensure a copy of it is open to inspection under the LocalGovernment Act 1993 .’. 134 Amendment of s 87 (Minor work) Section 87(1)— omit, insert— ‘ (1) Subsection (1A) applies if a person carries out minor work prescribed under the StandardPlumbingandDrainageRegulation as notiﬁable minor work. ‘ (1A) The person must, within 20 business days after carrying out the work, give written notice in the approved form to the local government stating the work has been completed. Maximum penalty for subsection (1A)—10 penalty units.’. 135 Amendment of s 90 (Standard Plumbing and Drainage Regulation may prescribe additional requirements and actions) Section 90(a)— 41 For appeals against the decision, see the Integrated Planning Act 1997 , chapter 4 (Appeals, offences and enforcement), part 2 (Building and development tribunals), divisions 4 to 6.

s 136 148 Integrated Planning and Other LegislationAmendment Act 2003 s 140 No. 64, 2003 omit, insert— ‘(a) requirements for a plan mentioned in section 85, 86 or 86A; or’. 136 Amendment of s 161 (Amendment of s 3 (Deﬁnitions)) Section 161(2), deﬁnition “self-assessable development”— omit. 137 Amendment of s 187 (Replacement of ss 40 and 41) Section 187, inserted section 40— insert— ‘ ‘ (10) In this section— “self-assessable development” means all development declared under a local planning instrument to be self-assessable development.’. 138 Omission of s 189 (Amendment of s 46A (Fees for statutory functions)) Section 189— omit. 139 Amendment of s 196 (Insertion of new s 4.2.12A) Section 196, inserted section 4.2.12A(1)(a), ‘85 or 86’— omit, insert— ‘85, 86 or 86A’. 140 Replacement of s 198 (Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works)) Section 198— omit, insert—

s 141 149 Integrated Planning and Other LegislationAmendment Act 2003 s 144 No. 64, 2003 ‘198 Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works) ‘Section 5.3.5(4)(c)— omit .’. 141 Omission of s 199 (Amendment of sch 8 (Assessable, self-assessable and exempt development)) Section 199— omit. 142 Amendment of s 207 (Amendment of s 5.3.5 (Private certiﬁer may decide certain development applications and inspect and certify certain works)) Section 207(5)— omit. 143 Omission of pt 13 (Amendment of Integrated Planning and OtherLegislation Amendment Act 2001) Part 13— omit. PART 9—AMENDMENT OF QUEENSLAND INTERNATIONAL TOURIST CENTRE AGREEMENT ACT REPEAL ACT 1989 144 Act amended in pt 9 This part amends the QueenslandInternationalTouristCentreAgreement Act Repeal Act 1989 .

s 145 150 Integrated Planning and Other LegislationAmendment Act 2003 s 147 No. 64, 2003 145 Omission of pt 2 (Repeal of act and validation of uses) Part 2— omit. PART 10—AMENDMENT OF TRANSPORT INFRASTRUCTURE ACT 1994 146 Act amended in pt 10 This part amends the Transport Infrastructure Act 1994. 147 Insertion of new s 46A Chapter 5, part 5, division 1, after section 46— insert— ‘46A Assessment of impacts on State-controlled roads from certain activities ‘ (1) This section applies if— (a) the chief executive considers the carrying on of an activity prescribed under a regulation is having, or will have, a signiﬁcant adverse impact on a State-controlled road; and (b) the activity is not for— (i) a signiﬁcant project under the StateDevelopmentandPublic Works Organisation Act 1971 ; or (ii) development declared under a planning scheme under the Integrated Planning Act 1997 to be assessable development. ‘ (2) The chief executive may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the chief executive to assess the impact. ‘ (3) After assessing the impact, the chief executive may decide to do 1 or more of the following—

s 148 151 Integrated Planning and Other LegislationAmendment Act 2003 s 149 No. 64, 2003 (a) give the entity a direction about the use of the road to lessen the impact; or (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. ‘ (4) The chief executive may require the works to be carried out or the amount to be paid before the impact commences or intensiﬁes. ‘ (5) The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the chief executive and may be recovered in a court of competent jurisdiction. ‘ (6) The regulation mentioned in subsection (1)(a)— (a) must contain a process under which the chief executive’s decision may be reviewed; and (b) may contain a process for enforcing the decision.’. PART 11—AMENDMENT OF VEGETATION MANAGEMENT ACT 1999 148 Act amended in pt 11 This part amends the Vegetation Management Act 1999. 149 Amendment of s 21 (Modifying effect on development applications) Section 21(4), (5) and (6)— omit, insert— ‘ (4) For the aspect of the application relating to the clearing of vegetation— (a) section 3.5.13 of that Act does not apply; and (b) the assessment manager’s decision must comply with the applicable code.’.

s 150 152 Integrated Planning and Other LegislationAmendment Act 2003 s 151 No. 64, 2003 PART 12—AMENDMENT OF WATER ACT 2000 150 Act amended in pt 12 This part amends the Water Act 2000. 151 Amendment of s 967 (IPA approval for development is subject to approval under this Act) Section 967(6), ‘item 9A(a)’— omit, insert— ‘table 4, item 1(a)’.

153 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 SCHEDULE MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997 section 3 1 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’. 2 Section 2.6.21, ‘interest,’— omit, insert — ‘nominated interest,’. 3 Section 2.6.21(b) and (c) and 2.6.23(1)(c), ‘interest’— omit, insert — ‘designated interest’. 4 Section 3.5.33(7A), ‘assessment manager’— omit, insert — ‘entity’. 5 Section 4.3.2A, ‘or 3.1.6(6)’— omit.

154 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 SCHEDULE (continued) 6 Section 4.3.13(1)(a), (d) and (e), ﬁrst mention, ‘a development’ omit, insert — ‘development’. 7 Section 5.7.5(3), ‘The register must include,’— omit, insert — ‘The register must include the following’. 8 Section 5.7.5(3)(a), (b), (c), (d) and (e)(v), ‘; and’ omit, insert — ‘;’. 9 Section 5.7.6(e)(iii), ‘; and” omit, insert — ‘;’. 10 Section 5.8.5 (Delegation by Minister)— relocate and renumber as section 5.8.1A. 11 After section 5.8.8— 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.’.

155 Integrated Planning and Other Legislation Amendment Act 2003 No. 64, 2003 SCHEDULE (continued) 12 Section 6.1.1, deﬁnition “assessable development”, paragraph (b), after ‘schedule 8’— insert— ‘or schedule 9’. 13 Section 6.1.1, deﬁnition “self-assessable development”, paragraph (b), after ‘schedule 8’— insert— ‘or schedule 9’. 14 Section 6.1.41— omit . 15 Section 6.1.44(2)(c), ‘the entity that’— omit, insert — ‘if the entity’. 16 Section 6.1.51A(2), ‘1.4.6’— omit, insert — ‘1.4.1’. 17 Schedules 1, 2 and 3, ‘, by resolution,’— omit .

156 Integrated Planning and Other Legislation Amendment Act 2003 SCHEDULE (continued) 18 Schedule 3, section 7(1)(d), ‘resolution’— omit, insert — ‘resolution.’. No. 64, 2003 © State of Queensland 2003