Local Government (Planning and Environment) Act 1990 (Qld)
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Queensland LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 Reprinted as in force on 12 April 1996 (includes amendments up to Act No. 49 of 1995) Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 12 April 1996. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • correct spelling and use different spelling consistent with current drafting practice (s 26) • use standard punctuation consistent with current drafting practice (s 27) • use conjunctives and disjunctives consistent with current drafting practice (s 28) • use expressions consistent with current drafting practice (s 29) • reorder provisions consistent with current drafting practice (s 30A) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (ss 37 and 39) • renumber certain references (s 43(4)) • correct minor errors (s 44). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of changed names and titles • table of changed citations and remade laws • table of obsolete and redundant provisions • table of corrected minor errors • editorial changes made in earlier reprints.
Queensland LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.3 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.5 Special provision relating to certain orders in council made under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 1A—PLANNING POLICIES 1A.1 State planning policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 1A.2 Notification, tabling, disallowance etc. of State planning policies . . . . . . . 18 1A.3 Numbering of State planning policies etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1A.4 Local planning policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 2—PLANNING SCHEMES 2.1 Composition of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2.2 Planning scheme provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2.3 Zoning and regulatory maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.4 Strategic plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2.5 Development control plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.6 Supporting documents to a planning scheme . . . . . . . . . . . . . . . . . . . . . . . . 22 2.7 Planning studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2.9 Inspection of planning documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2.10 Preparation of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2.10A Preparation of strategic plan or development control plan . . . . . . . . . . . . . . 24 2.11 Strategic plan—exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2 Local Government (Planning and Environment) Act 1990 2.12 Powers of the Minister with regard to certain matters . . . . . . . . . . . . . . . . . 25 2.13 Certain town planning work to be undertaken by certificated town planner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2.14 Public notice of planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2.15 Approval of planning scheme by Governor in Council . . . . . . . . . . . . . . . . . 27 2.16 Local government to administer planning scheme . . . . . . . . . . . . . . . . . . . . 29 2.17 Consolidated planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 2.18 Amendment of a planning scheme by Minister or local government . . . . . 30 2.19 Assessment of proposed planning scheme amendment . . . . . . . . . . . . . . . . 33 2.20 Approval of planning scheme amendment by Governor in Council . . . . . . 35 2.21 Planning scheme may include Crown land . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2.22 Interim development control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2.23 Offences and orders (Magistrates Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 2.24 Declarations and orders (Planning and Environment Court) . . . . . . . . . . . . 41 2.25 Power of Court to grant order pending determination of proceeding . . . . . . 43 PART 3—EXISTING USES, SUPERSEDED SCHEMES AND COMPENSATION 3.1 Existing lawful uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 3.2 Register of existing lawful nonconforming uses . . . . . . . . . . . . . . . . . . . . . . 45 3.3 Town planning certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 3.4 Effect of new planning scheme on pre-existing applications and approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 3.5 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 4—REZONING AND LAND USE APPLICATIONS 4.1 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 4.2 Applications for consideration in principle . . . . . . . . . . . . . . . . . . . . . . . . . . 58 4.3 Amendment of a planning scheme etc. by an applicant . . . . . . . . . . . . . . . . 60 4.4 Assessment of proposed planning scheme amendment . . . . . . . . . . . . . . . . 62 4.5 Approval of planning scheme amendment by Governor in Council . . . . . . 66 4.6 Application for rezoning of land in stages . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 4.7 Assessment of rezoning of land in stages . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 4.8 Approval of rezoning of land in stages by Governor in Council . . . . . . . . . 74 4.9 Subsequent staged rezoning approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
3 Local Government (Planning and Environment) Act 1990 4.10 Approval of subsequent staged rezonings by Governor in Council . . . . . . . 78 4.11 Combined applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 4.12 Application for town planning consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 4.13 Assessment of town planning consent application . . . . . . . . . . . . . . . . . . . . 85 4.14 Revocation of town planning consent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 4.15 Modification of certain applications and approvals . . . . . . . . . . . . . . . . . . . 92 4.16 Restrictions on resubmission of applications . . . . . . . . . . . . . . . . . . . . . . . . . 97 4.17 Conjoint use of lands which are not adjoining lands . . . . . . . . . . . . . . . . . . 98 4.18 Withdrawal of applications and objections . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 PART 5—SUBDIVISION APPLICATIONS 5.1 Application for subdivision etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 5.2 Subdivisions involving works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 5.3 Sealing of plans for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 5.4 General provisions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 5.5 Subdivisional applications may be concurrent . . . . . . . . . . . . . . . . . . . . . . 107 5.6 Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 5.7 Power to purchase or take land for downstream drainage . . . . . . . . . . . . . 110 5.8 Special provisions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 5.9 Staged subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 5.10 Subdivision incorporating a lake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 5.11 Application for amalgamation of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 5.12 Application for access easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 PART 6—CONDITIONS, CONTRIBUTIONS, WORKS AND INFRASTRUCTURE AGREEMENTS Division 1—Conditions, contributions and works 6.1 Unlawful conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 6.2 Contributions towards water supply and sewerage works . . . . . . . . . . . . . . 125 6.3 Agreements for specific works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 6.4 Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Division 2—Infrastructure agreements 6.5 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 6.6 Meaning of “infrastructure agreement” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
4 Local Government (Planning and Environment) Act 1990 6.7 Power to make infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 6.8 Infrastructure agreement may bind future local government decisions . . . 135 6.9 Copy of infrastructure agreement to be given to local government . . . . . . 135 6.10 When infrastructure agreement binds successors in title . . . . . . . . . . . . . . 135 6.11 Existing agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 6.12 Copies of infrastructure agreement available for inspection . . . . . . . . . . . 136 6.13 Effect on other agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 PART 7—APPEALS 7.1 Appeals to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 7.1A Determination of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 7.2 Review by the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 7.3 The Planning and Environment Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 7.4 Jurisdiction of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 7.5 Powers of the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 7.6 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 7.7 Penalty for interrupting proceedings of the Court . . . . . . . . . . . . . . . . . . . . 144 7.8 Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 7.9 Clerk may certify copy of planning scheme etc. . . . . . . . . . . . . . . . . . . . . . 145 PART 8—MISCELLANEOUS 8.1 Power to purchase or take land for planning purposes . . . . . . . . . . . . . . . . 145 8.2 Environmental impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 8.2A Environmental impact—wet tropics area . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 8.3A Assessment of sites for contamination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 8.4 Combined use of premises for service station and shop . . . . . . . . . . . . . . . 153 8.5 Furnishing false or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 154 8.6 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8.7 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8.7A Delegation by chief executive of department . . . . . . . . . . . . . . . . . . . . . . . 154 8.9 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8.10 Savings and transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 8.11 Special provision relating to parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
5 Local Government (Planning and Environment) Act 1990 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . 160 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 8 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . 170 9 Table of changed citations and remade laws . . . . . . . . . . . . . . . . 170 10 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . 171 11 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
s 1.1 7 s 1.4 Local Government (Planning and Environment) Act 1990 LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 [as amended by all amendments that commenced on or before 12 April 1996] An Act to provide for town planning and related environmental matters in local government areas, including the City of Brisbane, and for related purposes PART 1—PRELIMINARY ˙ Short title 1.1 This Act may be cited as the Local Government (Planning and Environment) Act 1990 . ˙ Objectives 1.3 The objectives of the Act are— (a) to provide a code by which a local government or the Minister may undertake the planning of an area to facilitate orderly development and the protection of the environment; and (b) to provide an adequate framework for a person to apply for approval in respect of a development proposal and to provide for appropriate appeal rights in respect thereof. ˙ Interpretation 1.4 In this Act— “access” means the practical means of entry for persons and vehicles onto an allotment from a constructed road which abuts the allotment or, if
s 1.4 8 s 1.4 Local Government (Planning and Environment) Act 1990 permitted by a local government under section 5.12, access by means of an easement. “adjoining allotment” , in relation to a particular allotment, means an allotment which has a common boundary with the particular allotment (whether such boundary is measurable or not). “adjoining owner” , in relation to a particular allotment, means— (a) where an adjoining allotment is subject to the Integrated ResortDevelopmentAct1987 or the SanctuaryCoveResortAct1985 —the primary thoroughfare body corporate within the meaning of the relevant Act; (b) where an adjoining allotment is an allotment in respect of which a time sharing scheme has been implemented and the name and address of a person has been notified pursuant to the Local Government Act, section 698 (Notice of time share scheme to local government)—that person; (c) where an adjoining allotment is land granted in trust or reserved and set apart and placed under the control of trustees pursuant to the Land Act 1994 —the trustees of that land; (d) in all other cases—the owner of an adjoining allotment. “allotment” — (a) means a single parcel of land— (i) the current boundaries of which are defined on a plan of survey deposited in the Department of Geographic Information or registered under the Land Title Act 1994 ; (ii) leased or intended to be leased as a miner’s homestead lease under the Miners’ Homestead Leases Act 1913 ; (b) does not include a lot registered under the BuildingUnitsandGroup Titles Act 1980 . “amend” , in relation to a planning scheme, includes to add to, to omit, to alter or to modify. “application” means an application in writing. “appropriate fee” means the fee—
s 1.4 9 s 1.4 Local Government (Planning and Environment) Act 1990 (a) determined by resolution by a local government in respect of applications and requests of a particular type; and (b) which applies at the date a relevant application or request is lodged. “approval” means— (a) in respect of the Minister’s approval—the Minister’s approval in writing; (b) in respect of the local government’s approval—approval, with or without conditions, in writing. “building” — (a) means a fixed structure that is wholly or partly enclosed by walls and is roofed; (b) includes a part of a building. “City of Brisbane Act” means the City of Brisbane Act 1924 . “consolidated planning scheme” means a planning scheme approved by the Governor in Council pursuant to section 2.17. “council” means local government. “Court” means the Planning and Environment Court. “Crown” means the Crown in right of the State. “Crown land” means— (a) land that is not alienated by the Crown as to any estate or interest therein; (b) land for which a permit to occupy has issued under the Land Act1994 and land for which a lease has issued under the Irrigation Areas (Land Settlement) Act 1962 ; (c) land that is held by any person representing the Crown or by a trustee in trust for the Crown; (d) a road or land that is reserved and set apart or held in trust under the Land Act 1962 for a public purpose; (e) any other land, or any building or other structure or part thereof,
s 1.4 10 s 1.4 Local Government (Planning and Environment) Act 1990 that is occupied by the Crown or by any person representing the Crown; (f) harbour lands or industrial lands within the meaning of the Harbours Act 1955, section 62A (other than land that is the subject of a sale or is leased for purposes other than harbour purposes); and that, in the case specified in paragraph (c), (d) or (e), is not the subject of any sale or letting by the Crown, by the person representing the Crown or, as the case may be, by the trustee. “designated development” has the meaning given by section 8.2(15). “development control plan” means a plan for the orderly growth, development or conservation of an area, that conforms with section 2.5 and is approved by the Governor in Council. “elected representatives” , in relation to an allotment, means the member of the Legislative Assembly who represents the district in which the allotment is situated and— (a) if the area in which the allotment is situated is divided into divisions or electoral wards—the member who is, or the members who are, elected to the council to represent the division or ward in which the allotment is situated; or (b) if the area in which the allotment is situated is not divided into divisions or electoral wards—all council members, other than a member who, for the purposes of the application of this definition to a provision of this Act in which the term is used— (i) has given the council written notice to the effect that the member does not wish to be treated as an elected representative for the purposes of the provision; and (ii) has not withdrawn the notice. “environment” includes— (a) ecosystems and their constituent parts including people and communities; and (b) all natural and physical resources; and
s 1.4 11 s 1.4 Local Government (Planning and Environment) Act 1990 (c) those qualities and characteristics of locations, places and areas, however large or small, which contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony, and sense of community; and (d) the social, economic, aesthetic and cultural conditions which affect the matters referred to in paragraphs (a), (b) and (c) or which are affected by those matters. “environmental impact statement” means a document prepared pursuant to section 8.2 which includes— (a) a description of the proposal; and (b) the terms of reference which set out the matters and things to be assessed in the conduct of the environmental impact study; and (c) a statement of the potential environmental impacts of the proposal; and (d) such information collected and assessed in an environmental impact study which substantiates the findings referred to in paragraph (c). “erect” includes— (a) erect or commence or continue to erect; or (b) do, or commence or continue to do any work in the course of or for the purpose of erecting; or (c) perform any structural work or make or do any alteration, addition or rebuilding that increases the gross floor area of a building; or (d) move from one position on an allotment to another position on or partly on the same allotment or another allotment; or (e) re-erect, with or without alteration, on or partly on the same or another allotment; or (f) where a building or structure is located on more than 1 allotment— (i) move to another position on the same allotments or any of them or to another allotment or allotments; or
s 1.4 12 s 1.4 Local Government (Planning and Environment) Act 1990 (ii) re-erect with or without alteration on another position on the same allotments or any of them or on another allotment or allotments. “executive officer” , in relation to a body corporate, means each of the chairperson of directors, managing director or other executive officer (by whatever name called) and every member of the executive body thereof (by whatever name called). “gross floor area” means the sum of the floor areas (inclusive of all walls, columns and balconies, whether roofed or not) of all stories of every building located on a site, excluding the areas (if any) used for building services, a ground floor public lobby, a public mall in a shopping centre, and areas associated with the parking, loading and manoeuvring of motor vehicles. “harbour purposes” means a use— (a) directly in connection with the management and operation of a harbour for the purposes of, or in connection with, the transport of people, freight or commodities; or (b) for industry or other undertakings which require close geographical proximity to that harbour. “interim development control provisions” means— (a) those regulations approved pursuant to section 2.22; and (b) those local laws continued in force and effect pursuant to section 8.10(5); for the purpose of regulating development in a proposed planning scheme area in a particular local government area pending the introduction of a planning scheme. “Local Government Act” means the Local Government Act 1993 . “local planning policy” means a planning policy made under section 1A.4. “member of the Court” means the person who, for the time being, constitutes the Court. “newspaper” means a newspaper circulating in the relevant area or that part of that area to which a proposal relates.
s 1.4 13 s 1.4 Local Government (Planning and Environment) Act 1990 “notify” means to notify in writing and where applicable, in accordance with section 4.1(4). “open to inspection” means available, free of charge, during the hours of conduct of public business, to any person for the purpose of perusal or the making, by that person, of a copy— (a) at the office of the local government; and (b) where approved by the chief executive of the department—at a place within 1 km of that office; and (c) for the purposes of section 2.18(6), also at the office of the chief executive. “owner” , in relation to an allotment— (a) means— (i) where an allotment is subdivided under the Building Unitsand Group Titles Act 1980 —the body corporate; (ii) where an allotment is being purchased from the Crown for an estate in fee simple pursuant to the Land Act 1994 —the purchaser; (iii) in all other cases—the person for the time being entitled to receive the rent of the allotment in respect of which the word is used or would be entitled to receive the rent thereof if the allotment were let to a tenant at a rent; (b) includes the Crown. “park” means any land used or intended for use as a public garden or public recreation area, whether or not the land is in a natural state. “permissible use” means a use of premises which may only be undertaken pursuant to a planning scheme with the approval of the local government granted pursuant to section 4.13. “permitted use” means a use of premises which may be undertaken pursuant to a planning scheme without the approval of the local government notwithstanding that the local government may require an application for the setting of conditions or the issue of a certificate of compliance or in respect of any other matter.
s 1.4 14 s 1.4 Local Government (Planning and Environment) Act 1990 “person” includes a body of persons, whether incorporated or unincorporated. “planning scheme” means a scheme for town planning which conforms with section 2.1 and is approved by the Governor in Council. “planning scheme area” means the area included within a planning scheme. “premises” includes land, buildings and other structures and any part thereof. “principal objector” means— (a) where an objection is duly lodged by 1 person—that person; (b) where an objection (whether in the form of a letter or petition) is duly lodged by more than 1 person—the objector identified as the principal objector on the objection or, where no person is so identified, each objector whose name first appears on each page of the objection. “prohibited use” means a use of premises which by virtue of the zone in which the premises are situated, is a use which is not a permitted use or a permissible use. “property description” means the usual form a relevant registering authority uses to describe land within its register. “public utility” means an installation or undertaking for— (a) the public supply of water, hydraulic power, electricity or gas; or (b) the provision to the public of telephone services or sewerage or drainage works; or (c) transport services operated by a statutory corporation. “referral agency” has the meaning given by section 8.2(15). “registering authority” means— (a) the registrar of titles; or (c) the Queensland Housing Commission constituted under the StateHousing Act 1945 ; or (d) the Harbours Corporation constituted under the Harbours Act
s 1.4 15 s 1.4 Local Government (Planning and Environment) Act 1990 1955 ; or (e) the relevant port authority constituted or deemed to have been constituted under the Transport Infrastructure Act 1994 or other relevant statutory body which has the powers, authorities, functions and duties of a port authority conferred or imposed on it by any Act; or (f) the relevant registrar appointed under the Mineral Resources Act1989 or the Miners’ Homestead Leases Act 1913 , as the case may require; as the tenure and location of the particular land may require. “relevant study” has the meaning given by section 8.2(15). “road” means— (a) a street or road dedicated to the public; and (b) a bridge or ferry and the approaches thereto. “sewerage headworks” means those works, structures or equipment determined by a local government pursuant to section 6.2(6)(b)(ii) to be sewerage headworks. “sewerage works external” — (a) means those works, structures or equipment necessary for the purpose of connecting sewerage works internal to a local government sewerage scheme; (b) does not include sewerage headworks or sewerage works internal. “sewerage works internal” means those works, structures or equipment necessary for the reticulation of sewage from allotments into which land is proposed to be subdivided. “site contamination report” means a written report given pursuant to section 8.3A on the suitability of land for a proposed use. “specified use” has the meaning given by section 8.4(3). “State planning policy” means a planning policy made under section 1A.1.
s 1.4 16 s 1.4 Local Government (Planning and Environment) Act 1990 “strategic plan” means a plan that specifies in general terms the future preferred dominant land uses for the planning scheme area for the progressive development of lands within that area, that conforms with section 2.4 and is approved by the Governor in Council. “structure” includes any building, wall, fence or other structure or anything affixed to or projecting from any building, wall, fence or other structure and any part of a structure. “subdivision” means the division of land into parts by means of— (a) sale, transfer or partition; or (b) any agreement, dealing or instrument inter vivos (other than a lease for any term not exceeding 5 years without the right of renewal) rendering different parts thereof immediately available for separate disposition or separate occupation; or (c) the creation of an indefeasible title under the Land Title Act 1994 for a part of the land; or (d) the excision of land from an allotment for dedication to the Crown. “town planning” includes all matters necessary or expedient for securing the improvement, orderly development, healthfulness, amenity, embellishment, convenience, conservation or commercial advancement of an area or a part of an area. “use” in relation to land, includes the carrying out of excavation work in or under land and the placing on land of any material or thing which is not a building or structure and any use which is incidental to and necessarily associated with the lawful use of the relevant land. “void” , in relation to the approval of an application, means the approval ceases to have effect. “water supply headworks” means those works, structures or equipment determined by a local government pursuant to section 6.2(6)(b)(ii) to be water supply headworks. “water supply works external” — (a) means those works, structures or equipment necessary for the purpose of connecting water supply works internal to a local
s 1.5 17 s 1.5 Local Government (Planning and Environment) Act 1990 government water supply scheme; (b) does not include water supply headworks or water supply works internal. “water supply works internal” means those works, structures or equipment necessary for the reticulation of water supply to allotments into which land is proposed to be subdivided. “working day” means a day when the office of the relevant local government (or where applicable, the chief executive of the department) is scheduled to be open for the conduct of business. “zone” means 1 of the divisions into which a planning scheme area may be divided by the planning scheme for the purposes thereof. ˙ Special provision relating to certain orders in council made under this Act 1.5(1) This section applies to an order in council made under— (a) section 2.15 (Approval of planning scheme by Governor in Council); or (b) section 2.17 (Consolidated planning scheme); or (c) section 2.18 (Amendment of a planning scheme by Minister or local government); or (d) section 2.20 (Approval of planning scheme amendment by Governor in Council); or (e) section 2.21 (Planning scheme may include Crown land); or (f) section 2.22 (Interim development control); or (g) section 4.5 (Approval of planning scheme amendment by Governor in Council); or (h) section 4.8 (Approval of rezoning of land in stages by Governor in Council); or (i) section 4.10 (Approval of subsequent staged rezonings by Governor in Council). (2) An order in council to which this section applies is not subordinate
s 1A.1 18 Local Government (Planning and Environment)Act 1990 s 1A.2 legislation. (3) However, the order in council must be notified in the gazette. (4) Subsection (3) is sufficiently complied with if there is published in the gazette a notice of— (a) the making of the order in council; and (b) a place or places where a copy of the order in council is open to inspection; and (c) a place or places where a copy of the order in council can be obtained (by purchase or otherwise). (5) Publication in the gazette of the order in council is also sufficient compliance with subsection (3). (6) This section has effect despite the Statutory Instruments Act 1992 , section 10(b). PART 1A—PLANNING POLICIES ˙ State planning policies 1A.1(1) The Governor in Council may, by order in council, make planning policies in relation to town planning and related environmental matters that are, in the Governor in Council’s opinion, of State significance. (2) A State planning policy applies to the whole of the State except so far as it otherwise provides. ˙ Notification, tabling, disallowance etc. of State planning policies 1A.2 Orders in council making State planning policies are declared to be— (a) subordinate legislation; and (b) exempt instruments for the purposes of the Legislative StandardsAct 1992 .
s 1A.3 19 Local Government (Planning and Environment)Act 1990 s 1A.4 ˙ Numbering of State planning policies etc. 1A.3(1) State planning policies, and other statutory instruments prescribed by regulation for the purposes of this section, must be numbered in accordance with subsection (2). (2) The instruments must be numbered— (a) in a regular arithmetical series for each calendar year, beginning with the number 1; and (b) in the order in the year in which they are made. (3) A State planning policy may be cited by reference to the year in which it was made and its number. ˙ Local planning policies 1A.4(1) A local government may, by resolution, make planning policies that are not inconsistent with this Act. (2) As soon as practicable after a local planning policy is made, full details of the policy, and the date it was made, are to be recorded in a register called the “register of local planning policies” to be kept by the local government. (3) The chief executive officer is to give public notice in a newspaper of the title of the local planning policy and— (a) if the policy is new—its purport; and (b) in any other case—the purport of the amendment or repeal. (4) On the day of commencement of a new planning scheme (other than a consolidated scheme under section 2.17), all local planning policies existing immediately before the commencement of the new planning scheme cease to have effect. (5) Each local planning policy (other than a local planning policy mentioned in section 6.2 or 8.2(15)) is to have application throughout the planning scheme area. (6) If a local government had, before the commencement of this section—
s 2.1 20 s 2.2 Local Government (Planning and Environment) Act 1990 (a) adopted a planning policy; or (b) recorded details about the adoption of a planning policy in a register called the “register of planning policies” ; then— (c) the planning policy is taken to have been made by the local government under this section as a local planning policy; and (d) the register forms part of the register mentioned in subsection (2) that is to be kept by the local government. PART 2—PLANNING SCHEMES ˙ Composition of planning scheme 2.1 A planning scheme is to consist of— (a) planning scheme provisions for the regulation, implementation and administration of the planning scheme; (b) zoning maps and any regulatory maps; (c) a strategic plan; (d) a development control plan (if any); (e) any amendment approved by the Governor in Council in respect of the planning scheme. ˙ Planning scheme provisions 2.2 Provisions for the regulation, implementation and administration of a planning scheme are to include— (a) the designation of each zone; (b) a statement of the intent of each of the zones; (c) requirements for— (i) the use of premises; and
s 2.3 21 s 2.4 Local Government (Planning and Environment) Act 1990 (ii) the erection of structures; and (iii) the subdivision of land; (d) administrative requirements for— (i) the form of making of applications; and (ii) matters for consideration in deciding applications; and (iii) the keeping of records and registers in respect of the planning scheme; and (iv) matters relating to offences; and (v) other matters necessary for the proper and orderly administration of the planning scheme. ˙ Zoning and regulatory maps 2.3(1) Zoning maps are to depict the zones into which a planning scheme area is divided. (2) Regulatory maps are to depict areas which are subject to particular planning controls. (3) Zoning maps and regulatory maps are to have a cadastral base. ˙ Strategic plan 2.4 A strategic plan is to include— (a) a map or series of maps depicting preferred dominant land uses for the area; (b) a statement of objectives in respect of each of the preferred dominant land uses together with other criteria for determining the type, scale or distribution of other uses required as an integral component to service each preferred dominant land use; (c) criteria for the implementation of the plan.
s 2.5 22 s 2.7 Local Government (Planning and Environment) Act 1990 ˙ Development control plan 2.5 A development control plan is to include— (a) a map or series of maps that indicate the intentions for the future development of designated parts or the whole of a planning scheme area; (b) statements of the intent of the development control plan; (c) criteria for the implementation of the plan. ˙ Supporting documents to a planning scheme 2.6(1) Each planning scheme is to be supported by— (a) planning studies; and (b) local planning policies (if any). (2) The supporting documents referred to in subsection (1) do not form part of a planning scheme. ˙ Planning studies 2.7(1) A planning study is to be prepared in connection with the formulation of each— (a) planning scheme; and (b) strategic plan; and (c) development control plan. (1A) In preparing the planning study, the local government concerned must have regard to relevant State planning policies. (1B) The planning study must include a statement about the extent to which the local government had regard to State planning policies. (2) Each planning study is to include an assessment of each of the following matters which are relevant to the formulation of the planning scheme, the strategic plan or the development control plan— (a) topography;
s 2.9 23 s 2.9 Local Government (Planning and Environment) Act 1990 (b) natural or built environment (or both); (c) regional land use patterns; (d) public utility infrastructure systems and transport systems; (e) regional or local economic and employment factors; (f) the social and cultural features of the population, including housing; (g) any constraints and opportunities in respect of development; (h) in the case of a strategic plan, any reasonable development options available. ˙ Inspection of planning documents 2.9(1) If a planning scheme is in force in relation to a local government area, the local government must keep open to inspection a copy of— (a) each State planning policy that is in force; and (b) each planning scheme that is in force in relation to the area; and (c) its register of local planning policies (if any); and (d) the planning study prepared in relation to each planning scheme that is in force in relation to the area. (2) A copy of any document referred to in subsection (1) is to be available for sale to the public upon payment of such amount as the local government may determine but not exceeding the cost of printing, reproducing or otherwise obtaining the copy. (3) The chief executive must keep open to inspection at an office of the department at all times during which the office is open for the transaction of public business a copy of— (a) each State planning policy that is in force; and (b) each planning scheme that is in force in the State; and (c) the planning study prepared in relation to each planning scheme that is in force in the State. (4) Each local government is to retain all its superseded planning
s 2.10 24 Local Government (Planning and Environment)Act 1990 s 2.10A schemes (whether superseded prior to or after the commencement of this Act) and upon the receipt of a written request and the prior payment of the appropriate fee is, within 7 days of the receipt of the request, to make the planning scheme or part thereof open to inspection to the applicant who may, upon the payment of a further fee as specified in subsection (2), obtain a copy of the planning scheme or part thereof. ˙ Preparation of planning scheme 2.10(1) A local government may prepare a planning scheme for its area or a part of its area. (2) Where a local government intends to prepare a planning scheme, it is to adopt a resolution to that effect defining the area it is proposed to include within the planning scheme. (3) A copy of the resolution adopted pursuant to subsection (2) is to be forwarded to the chief executive and where the resolution is in respect of part of the area it is to be accompanied by a map delineating the area defined in the resolution. ˙ Preparation of strategic plan or development control plan 2.10A Before a local government prepares— (a) a strategic plan; or (b) a development control plan; or (c) an amendment of a strategic plan; or (d) an amendment of a development control plan; it must— (e) adopt a resolution to do so and, in the case of the proposed preparation of a development control plan, define in the resolution the area that it is proposed to include in the development control plan; and (f) send a copy of the resolution to the chief executive; and (g) if the resolution concerns a development control plan or an
s 2.11 25 Local Government (Planning and Environment)Act 1990 s 2.12 amendment of a development control plan—send to the chief executive a map delineating the area to be covered by the development control plan or amended development control plan. ˙ Strategic plan—exemption 2.11(1) A local government may apply to the Minister for an exemption from the requirement that it must prepare a strategic plan as part of a planning scheme. (2) If the Minister grants the application, section 2.1(c) does not apply to the planning scheme. ˙ Powers of the Minister with regard to certain matters 2.12(1) The Minister may direct a local government to prepare a planning scheme for all or part of its area. (2) Where the Minister gives a direction under subsection (1), the local government is, as soon as is practicable and at its own cost, to proceed with the work specified in the direction. (3) The Minister may direct a local government to prepare a consolidated planning scheme. (4) The Minister may, at the request of a local government, have a planning scheme prepared upon such terms and conditions as may be agreed between the Minister and the local government. (5) The power of the Minister to have a planning scheme prepared pursuant to subsection (4) includes the power to recommend the introduction of interim development control provisions for the proposed planning scheme area pursuant to section 2.22; and a request made under subsection (4) is to be taken to be an application made by the local government in accordance with section 2.22. (6) Preparation of a planning scheme pursuant to subsection (4) is to be limited to the preparation of documentation which is acceptable to the local government as a statement of its planning proposals for the area and upon completion of the documentation that planning scheme is to be taken to be a
s 2.13 26 Local Government (Planning and Environment)Act 1990 s 2.14 planning scheme prepared by the local government for the purposes of giving public notice pursuant to section 2.14. ˙ Certain town planning work to be undertaken by certificated town planner 2.13(1) Subject to subsection (2), each local government is to ensure that the person who is responsible to it for— (a) the preparation of its planning scheme; (b) the preparation of amendments to its planning scheme pursuant to section 2.18(2); (c) the performance of work required to be performed by the local government’s town planner pursuant to a planning scheme; holds (and at all times during which the person performs any work specified in this subsection, continues to hold) a certificate as town planner, prescribed by the Local Government Town Planners Regulations 1981 . (2) The Minister may exempt a local government from the requirements of subsection (1) upon application being made to the chief executive by the local government for that purpose. ˙ Public notice of planning schemes 2.14(1) Before application is made for approval of a planning scheme by the Governor in Council, a local government is, by advertisement published at least once in the gazette and in a newspaper, to give public notice in the prescribed manner of its intention to make the application. (2) The local government is to keep the proposed planning scheme and supporting documents open to inspection from the date public notice is first given under subsection (1) to the last day for the receipt of submissions referred to in subsection (3). (3) The local government is to determine the last day for the receipt of submissions which is to be a day not less than 60 days after the first day that the proposed planning scheme will be open to inspection. (4) Any person may, on or before the last day for the receipt of
s 2.15 27 Local Government (Planning and Environment)Act 1990 s 2.15 submissions, request the local government to supply the person with a copy of the proposed planning scheme and supporting documents or part thereof (other than any relevant maps of the planning scheme) upon payment of such amount as the local government may determine but not exceeding the cost of printing, reproducing or otherwise obtaining the copy and, if the copy is posted, of posting the copy. (4A) Where a request is made, the local government is to forthwith cause a copy of the documents requested to be supplied to the person or sent by post to the person. (5) A person may on or before the last day for the receipt of submissions make a submission to the local government in respect of the proposed planning scheme. (6) A submission made under subsection (5)— (a) is to be in writing and signed by each person who made the submission; (b) is to be addressed to and lodged with the chief executive officer; (c) is to state— (i) the name and address of each person who made the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of those grounds. (7) After the last day for the receipt of submissions, the local government is to forthwith consider every submission made in accordance with subsections (5) and (6). ˙ Approval of planning scheme by Governor in Council 2.15(1) An application by a local government for the approval of the Governor in Council of a planning scheme is to be made to the chief executive within 90 days after the last day for the receipt of submissions referred to in section 2.14. (1A) The local government may, by resolution, extend or further extend the period mentioned in subsection (1).
s 2.15 28 Local Government (Planning and Environment)Act 1990 s 2.15 (1B) The resolution has effect subject to any written direction given by the Minister to the local government— (a) shortening the extension or further extension; or (b) directing that the extension or further extension ceases to have effect on the giving of the direction. (2) An application made under subsection (1) is to be accompanied by— (a) the proposed planning scheme and supporting documents that were open to inspection; and (b) a copy of the page on which each advertisement published in accordance with section 2.14(1) appeared; and (c) a copy of each submission duly made pursuant to section 2.14; and (d) the representations by the local government in respect of those submissions. (5) The Governor in Council may either— (a) approve the planning scheme, in whole or in part; or (b) refuse to approve the planning scheme. (6) The power of the Governor in Council to approve a planning scheme in part includes power to make such amendments of the planning scheme as the Governor in Council considers appropriate. (7) The Governor in Council may approve a planning scheme under subsection (5) notwithstanding that certain provisions of section 2.14 have not been complied with, where the Governor in Council is satisfied that the noncompliance has not adversely affected the awareness of the public of the existence and nature of the proposed planning scheme nor restricted the opportunity of the public to exercise the rights conferred by section 2.14. (8) The approval of a planning scheme is to be given by order in council. (9) The planning scheme becomes the planning scheme for the area concerned, and has the force of law, on notification in the gazette of the making of the order in council. (10) The chief executive is to record the date of approval on any supporting documents mentioned in subsection (2)(a).
s 2.16 29 Local Government (Planning and Environment)Act 1990 s 2.16 ˙ Local government to administer planning scheme 2.16(1) A local government is to implement, administer and enforce every planning scheme approved for its area or part of its area and is bound thereby. (2) A local government is, within 7 years following the date of publication or notification of each order in council last notifying approval of a planning scheme (other than an amendment of that planning scheme) within its area, to review that planning scheme (including all the amendments thereto) to determine the suitability of that planning scheme for the area to which it applies. (3) Where a local government, by resolution, determines pursuant to subsection (2) that a planning scheme is suitable for continued operation, it is to report to the chief executive accordingly. (4) Where a local government, by resolution, determines pursuant to subsection (2) that a planning scheme is unsuitable for continued operation, it is to— (a) prepare a new planning scheme; or (b) prepare a consolidated planning scheme; or (c) amend the planning scheme to provide for any amendment that is required pursuant to its determination. (5) A local government is, by resolution, to determine to prepare a new planning scheme to supersede the existing planning scheme within 10 years following the date of publication or notification of each order in council last notifying approval of a planning scheme (other than an amendment of that planning scheme) within its area. (6) The local government may, by resolution, extend or further extend the period mentioned in subsection (5). (7) The resolution has effect subject to any written direction given by the Minister to the local government— (a) shortening the extension or further extension; or (b) directing that the extension or further extension ceases to have effect on the giving of the direction.
s 2.17 30 Local Government (Planning and Environment)Act 1990 s 2.18 ˙ Consolidated planning scheme 2.17(1) A local government is to, pursuant to section 2.12(3), or may, pursuant to section 2.16(4)(b), prepare a consolidated planning scheme which accurately combines all of the amendments made to a planning scheme since its first approval in a manner that does not change the rights and obligations of any person under the existing planning scheme. (2) A consolidated planning scheme prepared by a local government under subsection (1) is to be submitted to the chief executive together with a certificate by the chief executive officer stating that the consolidated planning scheme accurately reproduces the existing planning scheme. (3) Upon receipt of a consolidated planning scheme under subsection (2), the chief executive of the department is to examine the consolidated planning scheme submitted by the local government to check its accuracy and to correct it if it is inaccurate. (4) The Governor in Council may approve the consolidated planning scheme by order in council. (5) The consolidated planning scheme becomes the planning scheme for the area concerned, and supersedes the existing planning scheme for the area without any change to the rights and obligations of any person under the existing planning scheme, on notification in the gazette of the making of the order in council. ˙ Amendment of a planning scheme by Minister or local government 2.18(1) If the Minister has proposed under this section that a planning scheme be amended, the planning scheme may be amended by the Governor in Council by order in council. (2) A local government may propose to amend a planning scheme— (a) by including an additional area in the planning scheme area and by applying land use controls to that area consistent with the planning scheme; or (b) by including a strategic plan or amending an existing strategic plan; or (c) by including a development control plan or extending the
s 2.18 31 Local Government (Planning and Environment)Act 1990 s 2.18 designated area of application of an existing development control plan; or (ca) by including a regulatory map; or (d) by amending the provisions referred to in section 2.2 where those amendments are required pursuant to a review under section 2.16; or (e) in respect of 3 or more allotments, by— (i) zoning or rezoning land other than for the purposes of a development control plan; or (ii) amending a regulatory map; or (iii) amending a development control plan map; or (f) in respect of any number of allotments, by zoning or rezoning land for the purposes of a development control plan. (3) A local government may propose to amend a planning scheme— (a) by excluding areas from the planning scheme area; (b) by amending the provisions referred to in section 2.2 where those amendments are not required pursuant to a review under section 2.16; (c) in respect of 1 or 2 allotments, by— (i) zoning or rezoning land other than for the purposes of a development control plan; or (ii) amending a regulatory map; having first considered the matters specified in section 2.19(2); (d) by amending a development control plan other than by extension of its designated area of application (having first considered the matters specified in section 2.19(2)). (3A) The Minister, having first considered the matters specified in section 2.19(2), may propose to amend a planning scheme by zoning or rezoning such land as may be prescribed. (4) Where the Minister or a local government (in this section and sections 2.19 and 2.20 called the “proponent” ) proposes to amend a
s 2.18 32 Local Government (Planning and Environment)Act 1990 s 2.18 planning scheme, the proponent is, by advertisement published at least once in a newspaper, to give public notice of the proposal in the manner and form prescribed. (4A) If the proponent is a local government, it must give to the chief executive a written notice setting out the details of, and the reasons for, the proposal before it gives public notice of the proposal under subsection (4). (5) Where a proposal is in respect of subsection (3)(d) (and applies to a particular allotment), (3)(c), or (3A), public notice is also to be given in the manner and form prescribed— (a) by posting a notice on the relevant land or as prescribed; and (b) by serving notice on the owner of the relevant land, on all adjoining owners, and on elected representatives. (6) The proposal is to be kept open to inspection from the date public notice is first given under subsection (4) to the last day for the receipt of submissions referred to in subsection (7). (7) The proponent is to determine the last day for the receipt of submissions which is to be a day not less than— (a) where a proposal is made under subsection (2)—60 days; or (b) where a proposal is made under subsection (3) or (3A)—20 working days; after compliance with subsections (4) and (5). (8) Any person may, on or before the last day for the receipt of submissions, request a local government (or where the Minister is the proponent, either the local government or the chief executive of the department) to supply the person with a copy of the proposal or part thereof (other than any maps, photographs or drawings of the proposal) upon payment of such amount as the proponent may determine but not exceeding the cost of printing, reproducing or otherwise obtaining the copy and, if the copy is posted, of posting the copy. (8A) Where a request is made, the proponent is to forthwith cause a copy of the documents requested to be supplied to the person or sent by post to the person. (9) A person may on or before the last day for the receipt of submissions
s 2.19 33 Local Government (Planning and Environment)Act 1990 s 2.19 make a submission in respect of the proposal. (10) A submission made under subsection (9)— (a) is to be in writing and signed by each person who makes the submission; (b) is to be addressed to and lodged with the chief executive officer (or where the Minister is the proponent with the chief executive of the department); (c) is to state— (i) the name and address of each person who made the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of those grounds. ˙ Assessment of proposed planning scheme amendment 2.19(1) A proponent is to forthwith consider every submission made in accordance with section 2.18(9) and (10). (1A) If the proposal is a proposal to which section 2.18(2), (3) or (3A) applies, the proponent must have regard to relevant State planning policies. (2) Where the proposal is a proposal in respect of section 2.18(3)(d) (and applies to a particular allotment), or (3)(c) or (3A), the proponent is to assess each of the following matters to the extent they are relevant to the proposal— (a) whether the proposal, if approved, or buildings erected in conformity with the proposal, or both the proposal, if approved, and the buildings so erected would— (i) create a traffic problem, increase an existing traffic problem or detrimentally affect the efficiency of the existing road network; (ii) detrimentally affect the amenity of the neighbourhood; (iii) create a need for increased facilities; (b) the balance of zones in the planning scheme area as a whole or
s 2.19 34 Local Government (Planning and Environment)Act 1990 s 2.19 that part of that area within which the relevant land is situated and the need for the proposed planning scheme amendment; (d) whether the land or any part thereof is so low-lying or so subject to inundation as to be unsuitable for use for all or any of the permitted or permissible uses in the zone in which the land is proposed to be included; (e) whether, having regard to the permitted or permissible uses of the land and the potential for subdivision in the zone in which it is proposed to be included, water, gas, electricity, sewerage and other essential services should be made available to the land and to each separate allotment thereof if the land were subsequently subdivided; (f) the impact of the proposal on the environment (whether or not an environmental impact statement has been prepared); (g) the situation, suitability and amenity of the land in relation to neighbouring localities; (i) where the land is land prescribed pursuant to section 8.3A, the site contamination report in respect of the land; (j) such other matters, having regard to the nature of the application, as are relevant. (3) After considering any submissions pursuant to subsection (1) and assessing relevant matters under subsection (2), the proponent is to decide, by resolution (where applicable), if the proposal, the subject of the public notice— (a) should be proceeded with (with or without conditions); or (b) with certain modifications resulting from submissions made, should be proceeded with; or (c) should not be proceeded with and where such a decision is made the proposal thereupon ceases to be a proposal. (4) The proponent must decide that the proposal should not be proceeded with if— (a) the proposal, even with all appropriate conditions or modifications, conflicts with any relevant strategic plan or
s 2.20 35 Local Government (Planning and Environment)Act 1990 s 2.20 development control plan; and (b) there are not sufficient planning grounds to justify proceeding with the proposal despite the conflict. ˙ Approval of planning scheme amendment by Governor in Council 2.20(1) An application by a local government, as proponent, for the approval of the Governor in Council of a proposal to amend a planning scheme is to be made to the chief executive within 60 days after the last day for the receipt of submissions referred to in section 2.18. (1A) The local government may, by resolution, extend or further extend the period mentioned in subsection (1). (1B) The resolution has effect subject to any written direction given by the Minister to the local government— (a) shortening the extension or further extension; or (b) directing that the extension or further extension ceases to have effect on the giving of the direction. (2) An application made under subsection (1) is to be accompanied by— (a) a copy of the proposal which was open to inspection pursuant to section 2.18, including the relevant maps (if any); (b) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the local government in support of those grounds; (c) copies of all public notices given by the local government pursuant to section 2.18(4) and a copy of the notice served pursuant to section 2.18(5)(b) in respect of the proposal with sufficient information to establish the manner in which the notices were given; (d) where relevant, a statement (certified as to its accuracy by the chief executive officer) setting out the information contained in the public notice of the proposal posted on land pursuant to section 2.18(5); (e) a certificate by the chief executive officer that the public notice
s 2.20 36 Local Government (Planning and Environment)Act 1990 s 2.20 procedures referred to in section 2.18 have been complied with; (f) a copy of each submission duly made pursuant to section 2.18(9) and (10); (g) the representations by the local government in respect of those submissions; (h) the assessment by the local government (where applicable) of the matters set forth in section 2.19(2) and copies of any reports submitted in respect thereof; (i) details of any modifications made pursuant to section 2.19(3)(b). (6) The Governor in Council may either— (a) approve the amendment of the planning scheme, in whole or in part; or (b) refuse to approve the amendment of the planning scheme. (7) The power of the Governor in Council to approve an amendment of a planning scheme includes power to make such modifications as the Governor in Council considers appropriate. (8) The Governor in Council may approve an amendment of a planning scheme under subsection (6) notwithstanding that certain provisions of section 2.18 have not been complied with, where the Governor in Council is satisfied that the noncompliance has not adversely affected the awareness of the public of the existence and nature of the proposal nor restricted the opportunity of the public to exercise the rights conferred by section 2.18. (9) The approval of an amendment of a planning scheme is to be given by order in council. (10) The order in council is to identify each amendment that is approved. (11) The planning scheme as amended becomes the planning scheme for the area concerned, and has the force of law, on notification in the gazette of the making of the order in council. (12) Any conditions imposed under section 2.19(3) (as subsequently amended under this Act) attach to the land and are binding on successors in title.
s 2.21 37 Local Government (Planning and Environment)Act 1990 s 2.21 ˙ Planning scheme may include Crown land 2.21(1) A planning scheme may include Crown land. (2) Notwithstanding subsection (1)— (a) a planning scheme made or continued in force under this Act does not bind the Crown; (b) where any premises included in a planning scheme is or becomes Crown land— (i) the planning scheme; and (ii) any agreement made between the relevant local government and any person who previously held an interest in the premises and that is in force at the time when the premises is or becomes Crown land; and (iii) any condition imposed by the local government in respect of the use of those premises and that is in force at the time when those premises is or becomes Crown land; is not to operate or, as the case may be, ceases to operate in respect of those premises for as long as those premises remain Crown land; (c) where any premises to which paragraph (b) applies cease to be Crown land—the matters and things specified in paragraph (b)(ii) and (iii) together with the current planning scheme are (subject to such directions, modifications or exceptions as may be declared by the Governor in Council by order in council) to operate as if the premises had never been Crown land. (3) If— (a) a road is closed or proposed to be closed; and (b) the Governor in Council is of the opinion that— (i) the land comprising the closed road, or the road proposed to be closed, should be included in zones consistent with the zoning of adjoining lands; and (ii) the proposed zoning would not substantially affect the public in an adverse way;
s 2.22 38 Local Government (Planning and Environment)Act 1990 s 2.22 the Governor in Council may, despite the fact that the public notice provisions of section 2.18 have not been complied with, determine, by order in council, that the land be zoned in the way specified in the determination. (3A) If the road has not been closed, the order in council takes effect on the closing of the road. (4) Nothing in this section is to be construed to derogate from the Mineral Resources Act 1989 , section 319. ˙ Interim development control 2.22(1) Where a local government adopts a resolution to prepare a planning scheme under section 2.10 and no planning scheme is in force in respect of the area the subject of the resolution the local government may apply to the chief executive for part of the regulation in respect of interim development control to apply to its proposed planning scheme area. (2) The Governor in Council may, by order in council, approve— (a) the whole of the part of the regulation mentioned in subsection (1) if the Governor in Council considers that the whole of the part is necessary and appropriate; or (b) that part of the part of the regulation mentioned in subsection (1) if the Governor in Council considers that that part is necessary and appropriate. (2A) The approval may be limited to a specified part of the area mentioned in subsection (1). (3) The interim development control provisions approved in respect of that proposed planning scheme area are to have force and effect from the date of publication or notification in the gazette and are to continue in force until such time as a planning scheme for that area is approved by the Governor in Council. (4) Upon the coming into force of those interim development control provisions the local government is to be responsible for the administration of those provisions.
s 2.23 39 Local Government (Planning and Environment)Act 1990 s 2.23 ˙ Offences and orders (Magistrates Court) 2.23(1) A person who— (a) contravenes or fails to comply with a provision of a planning scheme; or (b) commences a permitted or permissible use prior to the completion of works required by a planning scheme; commits an offence against this Act. Maximum penalty—33 penalty units. (1A) For the purposes of this section, a planning scheme includes— (a) those interim development control provisions approved under section 2.22; and (b) the conditions attached to approvals, decisions and consents given in respect of a planning scheme, an amendment thereof (including rezoning in stages) or those provisions, as the case may be; and currently in force. (2) Any person may bring proceedings on a complaint to prosecute another person for any offence defined in subsection (1), whether or not any right of the complainant has been or may be infringed by, or as a consequence of, that offence. (2A) Proceedings under this section may be brought by a person on that person’s own behalf or on behalf of that person and— (a) other persons (with their consent); or (b) a body corporate or unincorporated (with the consent of its committee or other controlling or governing body); having like or common interests in those proceedings. (2B) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings. (3) A person who after conviction of an offence defined in subsection (1) (the “previous conviction” ) continues to fail to comply with the requirement in respect of which the person incurred the previous conviction
s 2.23 40 Local Government (Planning and Environment)Act 1990 s 2.23 commits an offence against this Act. Maximum penalty—5 penalty units for each day on which the person has continued to fail to comply with the requirement from the date of the last occurring previous conviction to the date of the person’s conviction for the offence under this subsection last committed by that person. (4) Any right or remedy had by a complainant in respect of any act or omission of or by another person is not to be prejudiced or affected in any way because the act or omission constitutes an offence under this section for which no person has been prosecuted. (5) Upon the hearing of a complaint for a contravention of or failure to comply with a provision of a planning scheme, the court that hears the complaint may make an order on the defendant in addition to or in substitution for any penalty it is authorised to impose. (6) An order made by the court under subsection (5) may— (a) order the defendant to cease any activity that is a contravention of or a failure to comply with a provision of a planning scheme; or (b) order the defendant to do any act or thing required to comply with or to cease a contravention of a provision of a planning scheme; or (c) specify that the failure to comply constitutes a public nuisance; and be in such terms as the court considers appropriate to secure compliance with the planning scheme. (7) Where a court makes an order under subsection (5), it is to specify therein a time or period by or within which the order is to be complied with. (8) A person who fails to comply with an order made by a court pursuant to subsection (5) commits an offence against this Act. Maximum penalty—165 penalty units or imprisonment for 12 months. (8A) Where a body corporate commits an offence under subsection (8), every person who is an executive officer of the body corporate is to be taken to have committed the offence and may be prosecuted and punished for the offence unless that person proves, the onus of which lies on that person, that—
s 2.24 41 Local Government (Planning and Environment)Act 1990 s 2.24 (a) the offence was committed without that person’s knowledge or consent; or (b) having exercised a reasonable degree of diligence, that person was not able to prevent the commission of the offence. (9) Where a person fails to comply with an order made by a court pursuant to subsection (5) and that order specifies that the failure to comply constitutes a public nuisance, the local government is empowered to undertake such work as may be necessary to remove the nuisance, and all expenses incurred by the local government may be recovered from that person by the local government as a debt due to the local government. (9A) For the purpose of subsection (9), the LocalGovernmentAct, section 663 (Cost of work a charge over land) applies to a local government as if— (a) the Brisbane City Council were a local government under that section; and (b) the reference in that section to section 661 (Performing work for owner or occupier) were a reference to this section. (10) In this section— “court” means a Magistrates Court constituted in accordance with the Justices Act 1886 . ˙ Declarations and orders (Planning and Environment Court) 2.24(1) Any person may bring proceedings in the Court for a declaration in respect of matters referred to in subsection (3) or for an order to remedy or restrain the commission of an offence defined in section 2.23(1), whether or not any right of that person has been or may be infringed by, or as a consequence of, that offence. (2) Proceedings under this section may be brought by a person on that person’s own behalf or on behalf of that person and— (a) other persons (with their consent); or (b) a body, corporate or unincorporated (with the consent of its committee or other controlling or governing body);
s 2.24 42 Local Government (Planning and Environment)Act 1990 s 2.24 having like or common interests in those proceedings. (2A) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings. (3) The Court has jurisdiction to hear and determine proceedings for a declaration in respect of— (a) any question of construction arising under a planning scheme; or (b) any act, matter or thing to be undertaken in respect of the planning scheme or the use of land; or (c) any offence defined in section 2.23(1). (4) Where the Court is satisfied that an offence defined in section 2.23(1) has been committed (whether prosecuted or not) or that such an offence will, unless restrained by order of the Court, be committed, it may make such order as it considers appropriate to remedy or restrain that offence. (5) An order made by the Court under subsection (4) may— (a) order the defendant to cease any activity that is a contravention of or a failure to comply with a provision of a planning scheme; or (b) order the defendant to do any act or thing required to comply with or to cease a contravention of a provision of a planning scheme; or (c) specify that the failure to comply constitutes a public nuisance; and be in such terms as the Court considers appropriate to secure compliance with the planning scheme. (6) Where the Court makes an order under subsection (4), it is to specify therein a time or period by or within which the order is to be complied with. (7) A person who fails to comply with an order made by the Court pursuant to subsection (4) commits an offence against this Act. Maximum penalty—165 penalty units or imprisonment for 12 months. (7A) Where a body corporate commits an offence under subsection (7), every person who is an executive officer of the body corporate is to be taken to have committed the offence and may be prosecuted and punished for the offence unless that person proves, the onus of which lies on that person,
s 2.25 43 Local Government (Planning and Environment)Act 1990 s 2.25 that— (a) the offence was committed without that person’s knowledge or consent; or (b) having exercised a reasonable degree of diligence, that person was not able to prevent the commission of the offence. (8) Where a person fails to comply with an order made by the Court pursuant to subsection (4) and that order specifies that the failure to comply constitutes a public nuisance, the local government is empowered to undertake such work as may be necessary to remove the nuisance, and all expenses incurred by the local government may be recovered from that person by the local government as a debt due to the local government. (9) For the purposes of subsection (8), the LocalGovernmentAct, section 663 (Cost of work a charge over land) applies to a local government as if— (a) the Brisbane City Council were a local government under that section; and (b) the reference in that section to section 661 (Performing work for owner or occupier) were a reference to this section. ˙ Power of Court to grant order pending determination of proceeding 2.25(1) This section applies if a person (the “applicant” ) has brought a proceeding in the Court under section 2.24 and the Court has not determined the proceeding. (2) If the Court is satisfied that it would be proper to do so, the Court may, on the application of the applicant, make an order of a kind mentioned in section 2.24(4) pending determination of the proceeding. (3) The Court may grant the order subject to conditions, including a condition requiring the applicant to give an undertaking as to damages. (4) The Court’s power to make an order to cease an activity may be exercised whether or not— (a) it appears to the Court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; or
s 3.1 44 s 3.1 Local Government (Planning and Environment) Act 1990 (b) the person has previously engaged in an activity of that kind; or (c) there is an imminent danger of substantial damage to another person if the person engages, or continues to engage, in the activity. (5) The Court’s power to make an order to do an act or thing may be exercised whether or not— (a) it appears to the Court that the person against whom the order is made intends to fail, or to continue to fail, to do the act or thing; or (b) the person has previously failed to do an act or thing of that kind; or (c) there is an imminent danger of substantial damage to another person if the person fails, or continues to fail, to do the thing. (6) The Court may discharge or vary an order under this section. (7) Section 2.24(6), (7), (7A) and (8) apply to an order under this section as if it were an order under section 2.24(4). (8) The Court’s power under this section is in addition to its other powers. PART 3—EXISTING USES, SUPERSEDED SCHEMES AND COMPENSATION ˙ Existing lawful uses 3.1(1) A lawful use made of premises, immediately prior to the day when a planning scheme or an amendment of a planning scheme commences to apply to the premises, is to continue to be a lawful use of the premises for so long as the premises are so used notwithstanding— (a) any provision of the planning scheme or amendment of the planning scheme to the contrary (other than a provision to which subsection (1A) applies); or
s 3.2 45 s 3.2 Local Government (Planning and Environment) Act 1990 (b) that the use is a prohibited use. (1A) For the purposes of subsection (1), a planning scheme includes those interim development control provisions approved under section 2.22. (2) A local government upon application being made to it in respect of a lawful use to which subsection (1)(b) applies, may consent— (a) to the use being changed to one which is, in the opinion of the local government, less injurious to the amenity of the area notwithstanding that the changed use may also be a prohibited use; or (b) to the modification, alteration or repair of the building or structure to which the use applies where those works would not increase the gross floor area for that use by more than 10% above the gross floor area for that use existing at the time when this subsection began to apply to that use; or (c) to the re-establishment of a use where the use has been discontinued (whether through the destruction of a building or structure or otherwise) and where application is made to the local government within 6 months (or such longer period as may be prescribed in the planning scheme) from the day the use is discontinued. (3) An application made under subsection (2) is to be made pursuant to section 4.12. ˙ Register of existing lawful nonconforming uses 3.2(1) Where a planning scheme provides that a local government is to maintain and keep open to inspection a register of existing lawful uses ( “existing lawful nonconforming uses” ) of a type referred to in section 3.1(1)(b), the register (to be called “register of existing lawful nonconforming uses” ) is, notwithstanding the provisions of a planning scheme, to contain the following information in respect to those uses— (a) the date of the entry in the register; (b) the postal address of the land to which the registration applies; (c) the property description of the land to which the registration
s 8.10 156 Local Government (Planning and Environment)Act 1990 s 8.10 in force immediately prior to the commencement of this Act, is, to the extent it is not contrary to this Act, to continue to have force and effect as if that policy were a planning policy made under this Act; and the local authority is to include each such policy in the register of planning policies for that local government. (5) Each by-law regulating development pending the introduction of a town planning scheme and in force immediately prior to the commencement of this Act, is to continue to have force and effect as if it were an interim development control regulation that had force and effect under section 2.22. (6) Where a town planning scheme is in force in an area, each town planning by-law and subdivision of land by-law which is in force immediately prior to the commencement of this Act in respect of that area, is, to the extent it conforms with this Act, to continue to have force and effect as if it were part of a planning scheme that had force and effect under this Act. (6A) Where a town planning scheme is in force in an area and the local authority has duly given public notice of its intention to amend a town planning by-law or a subdivision of land by-law (but the approval of the Governor in Council was not granted prior to the commencement of this Act), the Minister is to recommend to the Governor in Council modifications to the amendment which will ensure that the amendment conforms in all respects with this Act and the amendment is then to be dealt with as if this Act had not commenced. (7) Each subdivision of land by-law in force immediately prior to the commencement of this Act in respect of any area which is not subject to a town planning scheme is, to the extent it is not contrary to this Act, to continue to have force and effect. (8) Each approval, consent or permission (but not any conditions attaching to the approval, consent or permission) granted by a local authority or the Governor in Council prior to the commencement of this Act, is to continue to have force and effect as if it were an approval, consent or permission, as the case may be, made pursuant to this Act (but any conditions attaching to the approval, consent or permission are still to apply as if this Act had not commenced).
s 8.10 157 Local Government (Planning and Environment)Act 1990 s 8.10 (8A) Subject to subsection (8B) and for the purposes of subsection (8), where an approval, consent or permission is subject to a time constraint, the period of that time constraint is to be measured from the date of the granting of that approval, consent or permission. (8B) A consent referred to in subsection (8) does not lapse pursuant to section 4.13(18), until 4 years after the commencement of this Act. (9) Where, prior to the commencement of this Act, an application of any kind to which this Act refers was duly made to a local authority (but was not finally approved by the local authority or the Governor in Council, as the case may be, prior to the commencement of this Act), the application is to be dealt with as if this Act had not commenced. (9A) If that application is subsequently approved it is to have force and effect as if it were approved pursuant to this Act (but any conditions attaching thereto are still to apply as if this Act had not commenced). (10) Where, prior to the commencement of this Act, a proposal (other than an application referred to in subsection (9)) to obtain an approval to amend a town planning scheme was instituted (but was not approved by the Governor in Council prior to the commencement of this Act), the Minister is to recommend to the Governor in Council modifications to the proposal which will ensure that the proposal conforms in all respects with this Act and the proposal is to be dealt with as if this Act had not commenced (and any conditions attaching to the proposal are still to apply as if this Act had not commenced). (11) Where prior to the commencement of this Act a local authority has resolved— (a) to prepare a town planning scheme; or (b) to amend a town planning scheme following a statutory review of the provisions of the scheme; and the local authority has duly given public notice of its intention to make application to the Minister seeking the approval of the Governor in Council to the scheme or amendment (but the scheme or amendment was not approved by the Governor in Council prior to the commencement of this Act), the local authority may seek the approval of the Governor in Council as if this Act had not commenced or the local authority may suggest and the Minister may recommend to the Governor in Council modifications to the
s 8.11 158 Local Government (Planning and Environment)Act 1990 s 8.11 scheme or amendment which will ensure that the proposed scheme or amendment conforms in all respects with this Act. (11A) A town planning scheme or an amendment of a town planning scheme referred to in subsection (11) and approved by the Governor in Council as if this Act had not commenced, is, to the extent it conforms with this Act, to have force and effect as if it was a planning scheme or an amendment of a planning scheme, as the case may be, approved by the Governor in Council pursuant to this Act. (12) Where prior to the commencement of this Act a local authority has resolved— (a) to prepare a town planning scheme; or (b) to amend a town planning scheme following a statutory review of the provisions of the scheme; and the local authority has not duly given public notice of its intention to make application to the Minister seeking the approval of the Governor in Council to the scheme or amendment, the local authority is to proceed with the preparation of the scheme or amendment, as the case may be, pursuant to this Act. (13) A reference in any other Act to— (a) the Local Government Court is to be taken to be a reference to the Planning and Environment Court; and (b) a town planning scheme is to be taken to be a reference to a planning scheme under this Act. ˙ Special provision relating to parks 8.11(1) Section 5.6(7) of this Act is taken to have had effect from the enactment of the LocalGovernment(PlanningandEnvironment)Amendment Act 1992 . (2) Subsection (1) does not apply to the conditions of approval of a subdivision determined by a local authority or by the Court before the commencement of this section if the conditions did not require— (a) an area of land to be provided for use as a park; or
s 8.11 159 Local Government (Planning and Environment)Act 1990 s 8.11 (b) a monetary contribution to be paid to the local authority in substitution for the provision of that area of land.
160 Local Government (Planning and Environment) Act 1990 ENDNOTES ´ 1 Index to endnotes page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 8 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 9 Table of changed citations and remade laws . . . . . . . . . . . . . . . . . . . . . . . . . . 170 10 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 11 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 12 April 1996. Future amendments of the Local Government (Planning and Environment) Act 1990 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
161 Local Government (Planning and Environment) Act 1990 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd om o in c p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints Reprint No. 1 TABLE OF EARLIER REPRINTS Amendments included Reprint date to Act No. 11 of 1994 31 October 1994 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed names and titles Changed citations and remade laws Obsolete and redundant provisions Corrected minor errors Renumbered provisions Reprint No. 1 1 1 1 1
162 Local Government (Planning and Environment) Act 1990 ´ 6 List of legislation Local Government (Planning and Environment) Act 1990 No. 61 date of assent 18 September 1990 ss 1.1–1.2 commenced on date of assent remaining provisions commenced 15 April 1991 (proc pubd gaz 6 April 1991 p 2009) as amended by— LocalGovernment(PlanningandEnvironment)ActAmendmentAct1991 No. 8 date of assent 27 March 1991 ss 1, 3 commenced on date of assent remaining provisions commenced 15 April 1991 (see s 3 of Act and proc pubd gaz 6 April 1991 p 2009) LocalGovernment(PlanningandEnvironment)AmendmentAct(No.2)1991 No. 95 (as amd 1995 No. 57 ss 1–2, 4 sch 2) (as from 11 December 1991) (see s 2(1) sch 2)) date of assent 11 December 1991 commenced on date of assent Primary Industries Corporation Act 1992 No. 15 ss 1–2, 13 sch date of assent 13 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 30 September 1992 (1992 SL No. 271) StatuteLaw(MiscellaneousProvisions)Act1992 No. 36 ss 1–2 sch 2 (as amd 1993 No. 32 s 3 sch 2 (as from 7 December 1992)) date of assent 2 July 1992 amdt 43 commenced 1 July 1992 (see s 2 sch 2) remaining provisions commenced on date of assent LocalGovernment(PlanningandEnvironment)AmendmentAct1992 No. 37 (as amd 1995 No. 57 ss 1–2, 5(1) sch 3 pt 2) (as from 29 November 1995 (see s 2(2) as amd 1995 No. 58 ss 1–2, 4 sch 1) (as from 28 November 1995 (see s 2(1) sch 1)) date of assent 23 July 1992 s 3 sch amdt 9 never proclaimed into force and om 1995 No. 57 s 5(1) sch 3 pt 2 remaining provisions commenced on date of assent Statute Law (Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–2, 3 sch 2 as amd 1995 No. 57 ss 1–2, 4 sch (as from 7 December 1992) (see s 2(1) sch 2)) date of assent 7 December 1992 commenced on date of assent Local Government Legislation Amendment Act (No. 2) 1993 No. 22 pts 1, 4, sch date of assent 2 June 1993
163 Local Government (Planning and Environment)Act 1990 s 9 never proclaimed into force and om 1993 No. 70 s 802 remaining provisions commenced on date of assent WetTropicsWorldHeritageProtectionandManagementAct1993 No. 50 ss 1–2, 86 sch 3 date of assent 30 September 1993 commenced 1 November 1993 (1993 SL No. 396) Local Government Act 1993 No. 70 ss 1–2, 804 sch date of assent 7 December 1993 commenced 26 March 1994 (see s 2(5)) Land Title Act 1994 No. 11 ss 1–2, 194 sch 2 date of assent 7 March 1994 commenced 24 April 1994 (1994 SL No. 132) Building Units and Group Titles Act 1994 No. 69 ss 1–2, 229 sch 2 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions never proclaimed into force and om 1995 No. 58 s 5(1) sch 7 Local Government (Planning and Environment) Amendment Act 1995 No. 49 date of assent 22 November 1995 commenced on date of assent ´ 7 List of annotations Commencement s 1.2 om R2 (see RA s 37) Interpretation s 1.4 amd 1992 No. 36 s 2 sch 2 def “access” sub 1992 No. 37 s 3 sch amd 1993 No. 22 s 7 sch sub 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “adjoining allotment” sub 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “adjoining owner” amd 1993 No. 70 s 804 sch; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “allotment” amd 1994 No. 11 s 194 sch 2; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “Area” om 1993 No. 70 s 804 sch def “by-law” om 1993 No. 70 s 804 sch def “Chairman” om 1993 No. 70 s 804 sch def “chief executive” ins 1991 No. 95 s 3(2) om R1 (see RA s 39) def “Clerk” om 1993 No. 70 s 804 sch
164 Local Government (Planning and Environment) Act 1990 def “council” ins 1991 No. 95 s 3(2) sub 1993 No. 70 s 804 sch def “designated development” ins 1991 No. 95 s 3(2) def “Director” om 1991 No. 95 s 3(1) def “economic impact assessment” om 1992 No. 37 s 3 sch def “elected representatives” sub 1991 No. 95 s 3 amd 1993 No. 22 s 7 sch def “Joint Board” om 1993 No. 70 s 804 sch def “Local Authority” om 1993 No. 70 s 804 sch def “Local Government Act” sub 1993 No. 70 s 804 sch def “local planning policy ” ins 1992 No. 37 s 3 sch def “major shopping development” om 1992 No. 37 s 3 sch def “Minister” om 1991 No. 95 s 3(1) def “open to inspection” amd 1991 No. 95 s 2 sch; 1992 No. 36 s 2 sch 2 def “owner” sub 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “parcel” ins 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “plan of survey” ins 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “Real Property Acts” om 1994 No. 11 s 194 sch 2 def “referral agency” ins 1991 No. 95 s 3(2) def “registering authority” amd 1994 No. 11 s 194 sch 2 def “relevant study” ins 1991 No. 95 s 3(2) def “site contamination report” amd 1993 No. 22 s 7 sch def “specified use” ins 1991 No. 95 s 3(2) def “State planning policy” ins 1992 No. 37 s 3 sch def “subdivision” amd 1994 No. 11 s 194 sch 2 sub 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) def “void” ins 1991 No. 95 s 3(2) def “working day” amd 1991 No. 95 s 2 sch Special provision relating to certain orders in council made under this Act s 1.5 ins 1993 No. 22 s 8 PART 1A—PLANNING POLICIES pt hdg ins 1992 No. 37 s 4 State planning policies s 1A.1 ins 1992 No. 37 s 4 Notification, tabling, disallowance etc. of State planning policies s 1A.2 ins 1992 No. 37 s 4 amd 1993 No. 22 s 9 (never proclaimed into force and om 1993 No. 70 s 802) Numbering of State planning policies etc. s 1A.3 ins 1992 No. 37 s 4
165 Local Government (Planning and Environment) Act 1990 Local planning policies s 1A.4 ins 1992 No. 37 s 4 Planning scheme provisions s 2.2 amd 1992 No. 37 s 3 sch Supporting documents to a planning scheme s 2.6 amd 1992 No. 37 s 3 sch Planning studies s 2.7 amd 1992 No. 37 s 5 Planning policies s 2.8 amd 1991 No. 95 s 4 om 1992 No. 37 s 3 sch Inspection of planning documents prov hdg sub 1992 No. 37 s 6(1) s 2.9 amd 1992 No. 37 ss 6(2)–(3), 3 sch Preparation of planning scheme s 2.10 amd 1992 No. 37 s 3 sch Preparation of strategic plan or development control plan s 2.10A ins 1992 No. 37 s 7 Strategic plan—exemption s 2.11 sub 1992 No. 37 s 8 Certain town planning work to be undertaken by certificated town planner s 2.13 amd 1992 No. 37 s 3 sch (amdts 8, 10) amd 1992 No. 37 s 3 sch (amdt 9 (never proclaimed into force and om 1995 No. 57 s 5(1) sch 3 pt 2)) Public notice of planning schemes s 2.14 amd 1992 No. 37 s 3 sch Approval of planning scheme by Governor in Council s 2.15 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Local government to administer planning scheme s 2.16 amd 1992 No. 37 s 3 sch Consolidated planning scheme s 2.17 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Amendment of a planning scheme by Minister or local government s 2.18 amd 1991 No. 95 ss 5, 2 sch; 1992 No. 37 ss 9, 3 sch; 1993 No. 22 s 7 sch Assessment of proposed planning scheme amendment s 2.19 amd 1992 No. 37 s 10 Approval of planning scheme amendment by Governor in Council s 2.20 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch
166 Local Government (Planning and Environment) Act 1990 Planning scheme may include Crown land s 2.21 amd 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Interim development control s 2.22 amd 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Offences and orders (Magistrates Court) s 2.23 amd 1993 No. 70 s 804 sch; R1 (see RA s 39) Declarations and orders (Planning and Environment Court) s 2.24 amd 1993 No. 70 s 804 sch; R1 (see RA s 39) Power of court to grant order pending determination of proceeding s 2.25 ins 1991 No 95 s 6 Town planning certificates s 3.3 amd 1995 No. 49 s 3 Effect of new planning scheme on pre-existing applications and approvals s 3.4 amd 1992 No. 37 s 3 sch Compensation s 3.5 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch; 1993 No. 70 s 804 sch Amendment of a planning scheme etc. by an applicant s 4.3 amd 1992 No. 37 s 3 sch Assessment of proposed planning scheme amendment s 4.4 amd 1992 No. 37 ss 11, 3 sch Approval of planning scheme amendment by Governor in Council s 4.5 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Application for rezoning of land in stages s 4.6 amd 1992 No. 37 s 3 sch Assessment of rezoning of land in stages s 4.7 amd 1992 No. 37 ss 12, 3 sch Approval of rezoning of land in stages by Governor in Council s 4.8 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Subsequent staged rezoning approvals s 4.9 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Approval of subsequent staged rezonings by Governor in Council s 4.10 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch; 1993 No. 22 s 7 sch Combined applications s 4.11 amd 1991 No. 95 s 7; 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Application for town planning consent s 4.12 amd 1992 No. 37 s 3 sch Assessment of town planning consent application s 4.13 amd 1992 No. 37 ss 13, 3 sch
167 Local Government (Planning and Environment) Act 1990 Modification of certain applications and approvals s 4.15 amd 1992 No. 37 ss 14, 3 sch Application for subdivision etc. s 5.1 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 ss 15, 3 sch; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) Sealing of plans for registration s 5.3 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch; 1994 No. 11 s 194 sch 2; 1995 No. 49 s 4 General provisions for subdivision s 5.4 amd 1992 No. 37 s 3 sch Subdivisional applications may be concurrent s 5.5 amd 1992 No. 37 s 3 sch Parks s 5.6 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch; 1993 No. 22 s 10 Special provisions for subdivision s 5.8 amd 1992 No. 36 s 2 sch 2; 1993 No. 70 s 804 sch; 1993 No. 22 s 7 sch; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) Staged subdivision s 5.9 amd 1992 No. 37 ss 16, 3 sch; 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) Subdivision incorporating a lake s 5.10 amd 1992 No. 15 s 13 sch; 1992 No. 36 s 2 sch 2 Application for amalgamation of land s 5.11 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch; 1994 No. 11 s 194 sch 2; R1 (see RA s 7(1)(k)); 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) Application for access easement s 5.12 amd 1992 No. 37 s 3 sch Special provisions about subdivision of buildings under the Building Units and Group Titles Act 1994 5.13 ins 1994 No. 69 s 229 sch 2 (never proclaimed into force and om 1995 No. 58 s 5(1) sch 7) PART 6—CONDITIONS, CONTRIBUTIONS, INFRASTRUCTURE AGREEMENTS pt hdg sub 1995 No. 49 s 5 WORKS AND Division 1—Conditions, contributions and works div hdg ins 1995 No. 49 s 5 Unlawful conditions s 6.1 amd 1995 No. 49 s 6
168 Local Government (Planning and Environment) Act 1990 Contributions towards water supply and sewerage works s 6.2 amd 1991 No. 8 s 4; 1992 No. 37 s 3 sch Agreements for specific works s 6.3 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Works s 6.4 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Division 2—Infrastructure agreements div hdg ins 1995 No. 49 s 7 Definitions for div 2 s 6.5 ins 1995 No. 49 s 7 Meaning of “infrastructure agreement” s 6.6 ins 1995 No. 49 s 7 Power to make infrastructure agreement s 6.7 ins 1995 No. 49 s 7 Infrastructure agreement may bind future local government decisions s 6.8 ins 1995 No. 49 s 7 Copy of infrastructure agreement to be given to local government s 6.9 ins 1995 No. 49 s 7 When infrastructure agreement binds successors in title s 6.10 ins 1995 No. 49 s 7 Existing agreements s 6.11 ins 1995 No. 49 s 7 Copies of infrastructure agreement available for inspection s 6.12 ins 1995 No. 49 s 7 Effect on other agreements s 6.13 ins 1995 No. 49 s 7 Appeals to the court s 7.1 amd 1992 No. 36 s 2 sch 2; 1993 No. 50 s 86 sch 3 Determination of appeal s 7.1A amd 1992 No. 36 s 2 sch 2; 1992 No. 68 s 3 sch 2 Review by the court s 7.2 amd 1992 No. 36 s 2 sch 2; 1992 No. 68 s 3 sch 2 (as amd 1995 No. 57 s 4 sch 2) Jurisdiction of the court s 7.4 amd 1992 No. 36 s 2 sch 2; 1992 No. 68 s 3 sch 2; 1993 No. 22 s 7 sch Powers of the court s 7.5 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Costs s 7.6 amd 1991 No. 95 s 8; 1992 No. 37 s 3 sch
169 Local Government (Planning and Environment) Act 1990 Penalty for interrupting proceedings of the court s 7.7 amd 1992 No. 36 s 2 sch 2 Rules of court s 7.8 amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Clerk may certify copy of planning scheme etc. s 7.9 ins 1991 No. 95 s 9 Power to purchase or take land for planning purposes s 8.1 amd 1993 No. 70 s 804 sch Environmental impact s 8.2 amd 1991 No. 95 s 10 (as amd 1995 No. 57 s 4 sch 2); 1992 No. 37 s 3 sch Environmental impact—wet tropics area s 8.2A ins 1993 No. 50 s 86 sch 3 Major shopping developments s 8.3 om 1992 No. 37 s 3 sch Assessment of sites for contamination s 8.3A amd 1992 No. 36 s 2 sch 2; 1992 No. 37 s 3 sch Combined use of premises for service station and shop s 8.4 amd 1991 No. 95 s 11 Furnishing false or misleading information s 8.5 amd 1992 No. 36 s 2 sch 2 Proceedings for offences s 8.6 amd 1993 No. 70 s 804 sch Delegation s 8.7 amd 1991 No. 95 s 2 sch; 1992 No. 37 s 3 sch sub 1993 No. 22 s 11 Delegation by chief executive of department s 8.7A ins 1991 No 95 s 12 Repeals s 8.8 om R1 (see RA s 40) Savings and transitional s 8.10 sub 1991 No. 8 s 5 amd 1992 No. 36 s 2 sch 2 (as amd 1993 No. 32 s 3 sch 2) Special provision relating to parks s 8.11 ins 1993 No. 22 s 12 Special provision relating to tabling of orders in council s 8.12 ins 1993 No. 22 s 12 om R1 (see RA s 37) (4) AIA s 20A applies (see 1993 No. 32 s 4(3) sch 5)
170 Local Government (Planning and Environment) Act 1990 FIRST SCHEDULE om R1 (see RA s 40) SECOND SCHEDULE om R1 (see RA s 40) ´ 8 Table of changed names and titles TABLE OF CHANGED NAMES AND TITLES under the Reprints Act 1992 ss 23 and 23A Old New Reference provision by-law (of a local authority) (harbour) board (harbours) corporation (within the meaning of Harbours Act 1955) local law (of a local government) (port) authority (under the TransportInfrastructure Act1994) (ports) corporation Local Government Act 1993 s 796(1)(l) Transport Infrastructure Act1994 s 256(1) Transport Infrastructure Act1994 s 258 ´ 9 Table of changed citations and remade laws TABLE OF CHANGED CITATIONS AND REMADE LAWS under the Reprints Act 1992 ss 21A and 22 Old New Reference provision Harbours Act 1955 Land Act 1962 TransportInfrastructure Act1994 Land Act 1994 Transport Infrastructure Act1994 s 255 Land Act 1994 s 511(j)
171 Local Government (Planning and Environment) Act 1990 ´ 10 Table of obsolete and redundant provisions TABLE OF OBSOLETE AND REDUNDANT PROVISIONS under the Reprints Act 1992 s 39 Omitted provision Provision making omitted provision obsolete/redundant references to provisions of law inclusive Acts Interpretation Act 1954 s 35D ´ 11 Table of corrected minor errors Provision TABLE OF CORRECTED MINOR ERRORS under the Reprints Act 1992 s 44 Description 1.4, def “allotment” 2.24(6) 2.24(7) 3.2(3)(b) 4.3(2)(a) 4.4(13) 4.15(5) 4.15(5)(a)(i) 4.15(5)(a)(ii) 4.15(5)(a)(iii) om ‘Miner’s Homestead Leases Act 1913’ ins ‘Miners’ Homestead Leases Act 1913’ om ‘a Court’ ins ‘the Court’ om ‘a Court’ ins ‘the Court’ om ‘refusing’ ins ‘by refusing’ om ‘sections’ ins ‘section’ om ‘section 4.4(5)’ ins ‘subsection (5)’ om ‘is—’ ins ‘is to—’ om ‘approval—to’ ins ‘approval—’ om ‘application—to’ ins ‘application —’ om ‘section 2.19(3)(a)—to’ ins ‘section 2.19(3)(a)—’ © State of Queensland 1996
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