Southern Moreton Bay Islands Development Entitlements Protection Act 2004 (Qld)

Southern Moreton Bay Islands Development Entitlements Protection Act 2004

An Act to establish development entitlements for particular land on the Southern Moreton Bay Islands

1   Short title

This Act may be cited as the Southern Moreton Bay Islands Development Entitlements Protection Act 2004.

2   Definitions

The dictionary in the schedule defines particular words used in this Act.

3   Application of Act

This Act applies for an SMBI application and an SMBI request.

4   What is an SMBI application

An SMBI application is a development application (superseded planning scheme)—

(a)  in relation to a class 1 building on prescribed land; and

(b)  made by or on behalf of an owner of the prescribed land; and

(c)  for which the applicant states the owner wishes this Act to apply for its assessment.

4A   What is an SMBI request

An SMBI request is a request made under the Sustainable Planning Act 2009 , section 95(1)(a) to a local government—

(a)  about development that would not have required a development permit under a superseded planning scheme but requires a development permit under the Redland’s IPA planning scheme; and

(b)  in relation to a class 1 building on prescribed land; and

(c)  made by or on behalf of the owner of the prescribed land within 10 years after the day the Redland’s IPA planning scheme has effect; and

(d)  for which the person making the request states the owner wishes this Act to apply.

5   What is prescribed land

Prescribed land is land on the Southern Moreton Bay Islands that is—

(a)  included in the Residential A, Comprehensive Development or Rural Non Urban zone immediately before the Redland’s IPA planning scheme had effect; and

(b)  located entirely in the Conservation zone under the scheme; and

(c)  prescribed under a regulation.

Editor’s note—

The Redland’s IPA planning scheme took effect on 30 March 2006.

6   Who is an owner

(1)  An owner, of prescribed land, means an individual who is solely or as a joint tenant or as a tenant in common, legally or beneficially entitled to an estate of freehold in possession in the land immediately before the end of the consultation period for the Redland’s IPA planning scheme.

(2)  The term does not include—

(a)  a person who is an executor, administrator or trustee in relation to the individual; or

(b)  a mortgagee in possession of the land.

7   Modified application of Sustainable Planning Act 2009

(1)  Despite the Sustainable Planning Act 2009 , section 96(1), if a person makes an SMBI request, the local government must not refuse the request.

(2)  The Sustainable Planning Act 2009 , chapter 3, part 2, division 5 does not apply for an SMBI application.

(3)  For the Sustainable Planning Act 2009 , an SMBI application must be assessed under the superseded planning scheme to which the application relates.

(4)  Despite the Sustainable Planning Act 2009 , section 245, any development approval in relation to an SMBI application lapses if the land, the subject of the application, is sold or transferred to an individual other than another owner of the land before a final inspection certificate, under the Building Act 1975 , is issued for the building for which the development approval was issued.

(5)  Prescribed land may not be taken under the Sustainable Planning Act 2009 , section 714 unless all owners of the land agree.

8   Certain rights unaffected

This Act does not stop an owner of prescribed land from claiming compensation under the Sustainable Planning Act 2009 , section 705 if an SMBI application or SMBI request has not been made for the land.

9   Council may buy land at any time

This Act does not stop the council from buying prescribed land at any time.

10   Regulation-making power

The Governor in Council may make regulations under this Act.

11   Transitional provision for Sustainable Planning Act 2009

(1)  This section applies to a development application (superseded planning scheme) as defined under this Act before the commencement that was made but not decided before the commencement.

(2)  This Act as in force before the commencement continues to apply for the application as if the Sustainable Planning Act 2009 had not commenced.

(3)  In this section—

commencement means the day this section commences.

Schedule Dictionary

section 2

assessment manager see Sustainable Planning Act 2009, section 246(1).

class 1 building means a class 1 building within the meaning of the Building Act 1975 .

consultation period, for the Redland’s IPA planning scheme, see the repealed Integrated Planning Act 1997 , schedule 10.

council means—

(a)  in relation to any matter arising before the commencement of this definition—the Redland Shire Council; or

(b)  otherwise—the Redland City Council.

development see the Sustainable Planning Act 2009 , schedule 3.

development application see the Sustainable Planning Act 2009 , schedule 3.

development application (superseded planning scheme) means a development application—

(a)  for development to which a superseded planning scheme under the Sustainable Planning Act 2009 applies; and

(b)  made only to the council as assessment manager; and

(c)  made within 10 years after the day the Redland’s IPA planning scheme had effect.

development approval see the Sustainable Planning Act 2009 , schedule 3.

development permit see the Sustainable Planning Act 2009 , schedule 3.

IPA planning scheme ...

owner see section 6.

prescribed land see section 5.

Redland’s IPA planning scheme means the planning scheme for the council that took effect on 30 March 2006.

SMBI application see section 4.

SMBI request see section 4A.

Southern Moreton Bay Islands means Karragarra Island, Lamb Island, Macleay Island, Perulpa Island and Russell Island.

superseded planning scheme see the Sustainable Planning Act 2009 , schedule 3.