Local Government (Planning and Environment) Amendment Act (No 2) 1991 (Qld)

Queensland LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) AMENDMENT ACT (No. 2) 1991 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s.1.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.2.8 (Planning policies) . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s.2.18 (Amendment of a planning scheme by Minister or Local Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new s.2.25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.25 Power of Court to grant order pending determination of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s.4.11 (Combined applications) . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s.7.6 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insertion of new s.7.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7.9 Clerk may certify copy of planning scheme etc. . . . . . . . . 5 10 Amendment of s.8.2 (Environmental impact) . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s.8.4 (Combined use of premises for service station and shop) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Insertion of new s.8.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.7A Delegation by chief executive of department . . . . . . . . . . . . 9 SCHEDULE CONSEQUENTIAL AMENDMENTS OF REFERENCES TO ‘DIRECTOR’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Queensland Local Government (Planning and Environment) Amendment Act (No. 2) 1991 Act No. 95 of 1991 An Act to amend the Local Government (Planning and Environment)Act 1990 [Assented to 11 December 1991]

2 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. Short title 1. This Act may be cited as the Local Government (Planning and Environment) Amendment Act (No. 2) 1991 . Amended Act 2. The LocalGovernment(PlanningandEnvironment)Act1990 is amended as set out in this Act. Amendment of s.1.4 (Interpretation) 3.(1) Section 1.4(1) (definitions “Director” , “elected representatives” and “Minister” )— omit. (2) Section 1.4(1)— insert— ‘ “chief executive” means the chief executive of the department; “Council” has the meaning given by section 3(1) of the Local Government Act 1936 and includes the Brisbane City Council constituted under the City of Brisbane Act; “designated development” has the meaning given by section 8.2(15); “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

3 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 (b) in any other case—all the members of the Council in which the particular allotment is situated; “referral agency” has the meaning given by section 8.2(15); “relevant study” has the meaning given by section 8.2(15); “specified use” has the meaning given by section 8.4(3); “void” , in relation to the approval of an application, means the approval ceases to have effect; ’. Amendment of s.2.8 (Planning policies) 4. Section 2.8(3)— omit , insert — ‘(3) The Clerk is to give public notice in a newspaper of— (a) the title of each new, amended or rescinded planning policy adopted under subsection (1); and (b) the purport of the new policy or the amendment or rescision. ’. Amendment of s.2.18 (Amendment of a planning scheme by Minister or Local Authority) 5. After section 2.18(2)(c)— insert — ‘ (ca) by including a regulatory map; ’. Insertion of new s.2.25 6. After section 2.24 (in Part 2)— insert —

4 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 ‘Power of Court to grant order pending determination of proceeding ‘2.25(1) This section applies if a person (in this section called 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 (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) 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. ’.

5 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 Amendment of s.4.11 (Combined applications) 7. After section 4.11(3)— insert— ‘(3A) If one or more of the components of a combined application would, if it were made as a separate application, require the Local Authority to decide it before the end of a period, the Local Authority must decide the combined application— (a) if there is only one such component—before the end of the period applicable to that component; or (b) in any other case—before the end of the latest of the periods applicable to those components. ’. Amendment of s.7.6 (Costs) 8. After section 7.6(1)(b)(iii)— insert — ‘ (iiia)without limiting the generality of paragraph (iii), where a party has incurred costs because another party has introduced (or sought to introduce) new material without first giving the party reasonable time to consider the material; ’. Insertion of new s.7.9 9. After section 7.8 (in Part 7)— insert— ‘Clerk may certify copy of planning scheme etc. ‘7.9(1) If a Clerk of a Local Authority is satisfied that a document is a true copy of the planning scheme, or a part of the planning scheme, in force for the Local Authority at a time specified in the document, the Clerk may so certify the document. ‘(2) In any legal proceeding, a document certified under subsection (1) is

6 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 admissible in evidence as if it were the original scheme or part. ’. Amendment of s.8.2 (Environmental impact) 10.(1) Section 8.2(2),(3),(4) and (5)— omit , insert — ‘(2) If a person intends to apply to a Local Authority for— (a) an approval, consent, permission or authority in relation to a planning scheme for a designated development; or (b) an approval, consent, permission or authority in relation to an interim development control provision for a designated development; the person must, in accordance with the regulations, request the chief executive of the department to tell the person if an environmental impact statement is necessary and, if it is necessary, its terms of reference. ‘(3) The chief executive must, as soon as possible after receiving the request— (a) give a written acknowledgement to the applicant of its receipt; and (b) decide if an environmental impact statement is necessary; and (c) if the chief executive decides that an environmental impact statement is necessary—decide its terms of reference. ‘(4) The chief executive may decide that an environmental impact statement in relation to a designated development is not necessary if— (a) a relevant study, that is not outdated, was prepared and, in the chief executive’s opinion, there are no significant environmental issues that were not covered in the relevant study; or (b) the chief executive is satisfied that a referral agency has made a study that included environmental issues for the area the subject of the development and it is not outdated; or (c) in the chief executive’s opinion, the consequence of the approval, consent, permission or authority in relation to the designated development is minor. ‘(5) The chief executive must consult with all the referral agencies in

7 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 relation to— (a) whether an environmental impact statement is necessary; and (b) if a statement is necessary—its terms of reference. ‘(5A) Subject to subsection (5B), when the chief executive has decided whether or not a statement is necessary and, if it is necessary, the terms of reference, the chief executive must give written notice of the decision and the terms (if any)— (a) to the applicant; and (b) to the Local Authority. ‘(5B) The chief executive must make a decision under subsection (5A) before the end of 20 working days after the written acknowledgement of the receipt of the request was given to the applicant. ‘(5C) The applicant must prepare an environmental impact statement in accordance with the terms of reference and include it with the application if the applicant still intends to apply to the Local Authority for— (a) an approval, consent, permission or authority in relation to a planning scheme for the designated development; or (b) an approval, consent, permission or authority in relation to an interim development control provision for the designated development. ’. (2) Section 8(6)(a)— omit ‘ (4) ’, insert ‘ (5B) ’. (3) Section 8.2(6)(b) and (8)— omit ‘ Director ’, insert ‘ chief executive ’. (4) After section 8.2(14)— insert — ‘(15) In this section— “designated development” means— (a) a proposal prescribed by regulation for the purposes of this section; or

8 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 (b) a proposal specified in a Local Authority’s planning policy as a designated development for the purposes of this section; “referral agency” , in relation to an environmental impact statement for a designated development, includes— (a) the chief executive of the department that is responsible for the administration of Acts for the protection of the environment; and (b) any Local Authority in whose area the development is proposed; and (c) the chief executive of any other department or statutory body that the chief executive of the department considers must be consulted; “relevant study” , in relation to a designated development, means a study that— (a) considered a designated development of the same type; and (b) involved the same land; and (c) included environmental issues; and (d) was prepared under this Act or another Act or at the direction of a referral agency. ’. Amendment of s.8.4 (Combined use of premises for service station and shop) 11.(1) Section 8.4(1)— omit , insert— ‘(1) Subject to this section and despite anything in a planning scheme, premises in the planning scheme area are not to be used as a service station in combination with a specified use unless those premises are zoned for the exclusive use of— (a) a service station and a specified use; or (b) a service station, a specified use and a use associated with the service station or specified use in relation to the premises. ‘(1A) The gross floor area used for the specified use must not be more than 100 square metres. ’.

9 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 (2) After section 8.4(2)— insert— ‘(3) In this section— “specified use” means any one of the following uses— (a) general store; (b) local store; (c) shop; (d) store. ’. Insertion of new s.8.7A 12. After section 8.7— insert — ‘Delegation by chief executive of department ‘8.7A The chief executive of the department may delegate all or any of the chief executive’s powers under this Act to an officer of the department. ’.

10 Local Government (Planning and Environment) Amendment (No. 2) No. 95, 1991 SCHEDULE section 2 CONSEQUENTIAL AMENDMENTS OF REFERENCES TO ‘DIRECTOR’ 1. Section 1.4(1) (paragraphs (a) and (b) of definition “open to inspection” and definition “working day” — omit ‘ Director ’, insert ‘ chief executive of the department ’. 2. Sections 2.15(3), 2.17(3), 2.18(8)(a) and (10)(b), 2.20(3), 4.5(4), 4.8(4), 4.10(4) and 8.7(1)— omit ‘ Director ’, insert ‘ chief executive of the department ’. 3. Sections 2.15(4), 2.20(4), 4.5(5) and 4.10(4)— omit ‘ Director ’, insert ‘ chief executive ’. The State of Queensland 1991