State Development and Public Works Organisation Act 1971 (QLD)
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State Development and Public Works Organisation Act 1971
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination, and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the State Development and Public Works Organisation Act 1971.
2 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
Part 2 Administration
Division 1 Coordinator-General and Deputy Coordinator-General
3 Administration of Act
This Act shall be administered by the Minister and, subject to the Minister, by the Coordinator-General.
4 Appointment of Coordinator-General
(1)The Governor in Council, may, by commission under his or her hand and the Public Seal, appoint a person to hold the office of Coordinator-General.(2)The appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time.
5 Appointment of Deputy Coordinator-General
(1)The Governor in Council may, by commission under his or her hand and the Public Seal, appoint a person or persons to hold the office of Deputy Coordinator-General.(2)An appointee shall be paid, during his or her tenure of office, a salary at such rate as the Governor in Council determines from time to time.
6 Tenure of appointment under ss 4 and 5
Subject to this section, an appointee to an office referred to in section 4 or 5 shall hold office for the period fixed by the Governor in Council and specified in the instrument whereby the appointee is appointed but shall be eligible for reappointment thereto unless the appointee has become debarred under any Act from holding or continuing in such office.
7 Termination of appointment under ss 4 and 5
(1)A person appointed to an office referred to in section 4 or 5 shall be deemed to have vacated his or her office in the following circumstances—(a)if the person engages in remunerative employment outside the duties of the office to which the person is appointed;(b)if the person engages in any trade or business save as a member of a body corporate that consists of more than 20 persons;(c)if the person becomes bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors;(d)if the person absents himself or herself from duty for 14 consecutive working days or for a total of 28 days in any calendar year save on account of illness or pursuant to leave approved by the Minister who is hereby empowered so to do;(e)if the person is convicted in the State of an indictable offence for which the person is liable to be imprisoned for 12 months at the least or is convicted elsewhere of an offence that, if committed by the person in the State would constitute an indictable offence upon conviction whereof the person would be so liable;(f)if the person dies;(g)if the person is concerned in any agreement made for the purposes of this Act save in the person’s capacity as Coordinator-General or, as the case may be, Deputy Coordinator-General or, save as aforesaid, if the person participates in or claims to be entitled to participate in the profits arising from such an agreement;(h)if the person resigns by signed written notice addressed to the Governor in Council and furnished to the Minister.(2)However, subsection (1)(a) does not apply to a person if the person’s remunerative employment is—(a)under another office and because of the person’s appointment to the office mentioned in section 4 or 5; or(b)as the chief executive.(3)A person appointed to an office referred to in section 4 or 5 may be removed from office by the Governor in Council on account of misbehaviour, incapacity, or being unfit, in the opinion of the Governor in Council, to hold the office.
7A Appointment of acting Deputy Coordinator-General
(1)This section applies if a Deputy Coordinator-General—(a)vacates his or her office; or(b)can not perform the functions of the office of Deputy Coordinator-General because of absence or another reason.(2)The Minister may appoint a person to act as the Deputy Coordinator-General in place of the person mentioned in subsection (1).(3)The person appointed under subsection (2) holds office for the term, and on any conditions stated in—(a)the person’s instrument of appointment; or(b)a notice signed by the Minister and given to the person.(4)The term of the appointment—(a)must be no more than 3 months; and(b)can not be extended.(5)In appointing a person to act under this section, the Minister must consult with—(a)the Coordinator-General; and(b)Public Sector Commissioner under the Public Sector Act 2022.
Division 2 Incorporation of Coordinator-General and functions
8 Incorporation of Coordinator-General
(1)The corporation sole constituted under section 8A of the State Development and Public Works Organisation Act 1938 is hereby preserved, continued in existence and constituted under this Act under the name and style The Coordinator-General.(2)The corporation sole is constituted by the person who at the material time is the Coordinator-General.(3)The corporation sole under the name and style assigned to it by this section shall have perpetual succession and an official seal and shall be capable in law of suing and being sued and, subject to this Act, may take, acquire by grant, purchase, take on lease, sell, exchange, lease, assign, transfer, surrender to the Crown and hold property real and personal and may do and suffer all such acts and things as are necessary for the proper exercise and performance of the powers and functions of the Coordinator-General to the same extent as a natural person might do or suffer.(4)All courts, judges, justices and persons acting in a judicial capacity shall take judicial notice of the appointment of the Coordinator-General and of a Deputy Coordinator-General and of their respective signatures and of the official seal of the Coordinator-General affixed to any document, and, in the absence of proof to the contrary, shall presume that such signature or seal was duly affixed.
9 Coordinator-General represents Crown
For the purposes of this Act the Coordinator-General represents the Crown and has and may exercise all the powers, privileges, rights and remedies of the Crown.
10 Functions of Coordinator-General
(1)The Coordinator-General shall have such functions as are assigned to the Coordinator-General by this Act or by regulation made under this Act or by or under any other Act.(2)The Coordinator-General shall, of his or her own motion or at the direction of the Minister, undertake and commission such investigations, prepare such plans, devise such ways and means, give such directions, and take such steps and measures, as the Coordinator-General thinks necessary or desirable to—(a)secure the proper planning, preparation, execution, coordination, control and enforcement of a program of works, planned developments, and environmental coordination for the State and for areas over which the State claims jurisdiction; or(b)perform any other function of the Coordinator-General.(3)The Coordinator-General shall furnish to the Minister such recommendations as the Coordinator-General thinks fit to make concerning any matter that arises out of or is connected with the performance by the Coordinator-General of his or her functions assigned to the Coordinator-General by or under this Act or that may assist in the proper administration of this Act.
11 Power of delegation
(1)Subject to section 111, the Coordinator-General, with the approval of the Minister, may either generally or otherwise as provided by the instrument of delegation, by writing under the Coordinator-General’s seal, delegate to any person or body of persons all or any of the Coordinator-General’s powers and functions except this power of delegation.(2)A power or function so delegated, if exercised or performed by the delegate, shall be exercised or performed by the delegate in accordance with the instrument of delegation.(3)A delegation may be limited to any part or parts of the State and may be made subject to such terms as the Coordinator-General thinks fit including a requirement that the delegate shall report to the Coordinator-General upon the delegate’s exercise or performance of the delegated power or function.(4)Where pursuant to this Act or to any other Act the exercise or performance of any power or function, the subject of a delegation, is made to depend upon the opinion or belief of the Coordinator-General in relation to any matter, that power or function may be exercised or performed upon the opinion or belief of the delegate who is considering the exercise or performance of that power or function.(5)The Coordinator-General may make such and so many delegations of the same power or function and to such number of persons or bodies of persons as the Coordinator-General considers necessary or desirable.(6)A delegation is revocable at the will of the Coordinator-General and does not prevent the exercise of a power or the performance of a function by the Coordinator-General.
12 Power to hold inquiry
(1)The Coordinator-General may, of his or her own motion, and shall, at the direction of the Minister, institute and conduct an inquiry into any matter that, in the opinion of the Coordinator-General or of the Minister, is one with which the Coordinator-General should be concerned in the proper performance of the Coordinator-General’s functions under any Act or that would further the purposes of this Act.(2)The Governor in Council may, in relation to a particular inquiry to be conducted under this Act, upon the recommendation of the Minister, declare by regulation that the inquiry therein specified shall be conducted as a commission of inquiry under the Commissions of Inquiry Act 1950 whereupon the Coordinator-General or, as the case may be, the Coordinator-General’s delegate who conducts the inquiry may exercise and shall have the powers, authorities, protection and jurisdiction of a commission under that Act and of a chairperson of such a commission except such as are by that Act confined to a chairperson who is a judge of the Supreme Court and the provisions of that Act shall apply accordingly.
13 Cooperation with Coordinator-General
(1)Subject to this section, it is the duty of—(a)a local body and, where it is a corporation, of every person who comprises it; and(b)the chief executive of a department of the Government; and(c)a corporation constituted for the purposes of any Act or that, being incorporated by the law of the State, is an instrumentality or agency of the Crown, and of every person who comprises it; and(d)the holder of any office provided for by any Act; and(e)a person in the employ of a local body, or in the employ of such corporation or holder for the purposes of the material Act, or employed in such a department;to cooperate with the Coordinator-General in the performance by him or her of the functions of the Coordinator-General.
(2)Without limit to the duty imposed by subsection (1) a person subject thereto—(a)shall consult with and make his or her services available to the Coordinator-General in connection with works, whether constructed, in course of construction, or to be constructed and in connection with any other matter that concerns the Coordinator-General; and(b)shall confer, as requested by the Coordinator-General, on any matter that concerns development, planning, or environmental effects within the State or within any area over which the State claims jurisdiction and on any other matter that concerns the Coordinator-General; and(c)shall, as required by the Coordinator-General, furnish to the Coordinator-General accurate information in the possession of or available to that person in the capacity whereby he or she is subject to this section concerning such matters as in the Coordinator-General’s opinion would assist the Coordinator-General in the discharge of his or her functions.(3)This section shall be construed to apply—(a)save where the Minister directs to the contrary in a particular case, proof whereof shall lie upon the person who alleges it; and(b)in relation to the furnishing of information, subject to the provisions of any Act that expressly require a person employed under that Act to preserve and aid in preserving secrecy with regard to all matters that may come to the person’s knowledge in the person’s official capacity.
14 Appointment of persons to help Coordinator-General
(1)The Coordinator-General may appoint any person to help the Coordinator-General in the performance or exercise of his or her functions or powers.(2)The person holds office on the conditions stated in—(a)the person’s instrument of appointment; or(b)a notice signed by the Coordinator-General and given to the person.(3)In appointing a person under this section, the Coordinator-General must consult with the Public Sector Commissioner under the Public Sector Act 2022.(4)A person appointed under this section is appointed under this Act, and not under the Public Sector Act 2022.
Division 3 Officers and workers of Coordinator-General
15 Appointment of workers
(1)The Coordinator-General may employ such workers as the Coordinator-General considers necessary for the proper performance by the Coordinator-General of his or her functions and the proper exercise by the Coordinator-General of his or her powers.(2)The wages payable to a worker so employed and the conditions of his or her employment shall comply with the requirements of any material award of an industrial tribunal or other industrial instrument and, subject to the award or if no award exists, shall be as determined from time to time by the Coordinator-General.
16 Services of technical advisers
(1)The Coordinator-General may obtain or retain the advice or services of such technical advisers as the Coordinator-General considers necessary for the proper performance by the Coordinator-General of his or her functions and the proper exercise by the Coordinator-General of his or her powers.(2)Remuneration in respect of such advice or services shall be such as is approved by the Minister.
Part 3 Program of works
17 Program of works
(1)The Coordinator-General may, of his or her own motion, and shall, at the direction of the Minister, plan in respect of a particular period—(a)a program of works for the State or for any part of the State or for any area over which the State claims jurisdiction; and(b)the orderly carrying out over that period or during any portion or portions of that period of the whole or any part of the works included in the program.(2)For the purpose of planning a program of works the Coordinator-General may require any person who is required by this Act to cooperate with the Coordinator-General to furnish to him or her—(a)particulars of all works proposed to be carried out by or under the authority or supervision of that person during the period in question; and(b)such information as the Coordinator-General considers necessary to enable the Coordinator-General to have proper regard to the matters prescribed by section 23 as matters to be regarded in relation to a program of works.(3)Particulars and information furnished to the Coordinator-General pursuant to the Coordinator-General’s requisition shall be verified in manner directed by the Coordinator-General, including (should the Coordinator-General so direct) by way of statutory declaration.
18 Selection of works for program of works and their performance
(1)Works to be included in a program of works shall be at the discretion of the Coordinator-General.(2)A program of works may include works that have been submitted to the Coordinator-General by a local body or other person for inclusion in a program of works or that are included therein on the initiative of the Coordinator-General in addition to or in lieu of works so submitted.(3)The Coordinator-General may plan that works included in a program of works shall be undertaken by the Coordinator-General or by his or her agent, or by any local body or person who is required or permitted under or pursuant to any Act so to do.
19 Submission of program of works to Governor in Council
(1)The Coordinator-General shall furnish his or her plan for a program of works to the Minister who, if the Minister approves of it, shall submit the same to the Governor in Council for approval.(2)If the Governor in Council approves of the program submitted the Governor in Council may, having regard to the need for Parliamentary appropriation to the material purposes, publish a notice in the gazette that evidences the Governor in Council’s approval and authorises the program to be implemented.(3)Upon publication of the notice the program (as altered from time to time by the Coordinator-General in accordance with this Act) shall be the program of works for the State and shall be binding on the Coordinator-General and on all other persons concerned in that program.(4)If the Governor in Council does not approve of the program submitted, the Governor in Council shall cause the Minister to return the program together with the Governor in Council’s objections thereto and comments thereon to the Coordinator-General who, upon consideration thereof, shall make to the program such alterations as the Coordinator-General considers warranted in the circumstances.(5)The program as so altered shall be again furnished to the Minister and submitted to the Governor in Council as prescribed by subsection (1).
20 Alterations to approved program of works
(1)The Coordinator-General may make such alterations to a program of works approved by the Governor in Council as the Coordinator-General considers warranted in the circumstances.(2)The Coordinator-General shall not exercise the power conferred on him or her by this section except with the consent of the Minister first had and obtained save where the alteration will not result in additional expenditure in a sum exceeding $50,000 or such other amount as is prescribed under a regulation.
21 Implementation of program of works as approved
In giving effect to a program of works approved by the Governor in Council no modification or addition shall be made to any of the works included therein save with the consent of the Coordinator-General first had and obtained.
22 Local body’s application for assistance examined by Coordinator-General
(1)Every application that moneys be paid from the Treasury in respect of works or proposed works of a local body or that the Treasurer, on behalf of the Government, guarantee the amount or any part of the amount of a loan made or to be made in respect of works or proposed works of a local body shall be submitted to the Coordinator-General together with such particulars relevant thereto as the Coordinator-General considers necessary.(2)The Coordinator-General, having regard to the importance and merit of the works for which the moneys or guarantee is sought relative to any program of works planned or being planned by the Coordinator-General at the time of the submission of the application to the Coordinator-General, shall make to the Treasurer such recommendations with respect thereto as the Coordinator-General thinks fit.(3)In determining how an application referred to in subsection (1) should be disposed of due weight shall be given to the recommendations made by the Coordinator-General with respect to the application.
23 Objectives of comprehensive program of works
With a view to the coordination, regulation and control of a comprehensive program of works for the development of the State regard shall be had by the Coordinator-General and all other persons concerned to the following considerations—(a)the orderly arrangement and revision of a general program of works for the State;(b)the creation of additional means and methods of development and of employment;(c)the maintaining of continuity of work in the various parts of the State on a basis of reasonable uniformity;
(d)the provision of ways and means whereby finance in respect of works and the creation of works may be spread over the State in equitable proportions;(e)the allocation, on terms advantageous to the welfare of the State generally, of finance by way of loans and otherwise amongst the departments of the Government and local bodies;(f)the examination and review of larger developmental works generally with a view to a selection by the Governor in Council of works that, while conferring a greater amount of aid to the general employment position of the State, also offer greater possibilities as productive works;(g)the establishment of a policy of coordinated relationship among departments of the Government and local bodies with a view to—(i)securing coordination and cooperation in activities connected with works and construction; and(ii)evolving schemes for providing employment and for improving the general economic development and the public amenity of the State; and(iii)avoiding or minimising duplication and overlapping in the services and activities of departments of the Government and of local bodies generally;(h)the securing of cooperation and assistance of persons engaged in industry otherwise than within departments of the Government or within local bodies with a view to aiding the general employment position in the State.
Part 4 Environmental coordination
Division 1 Preliminary
24 Definitions for pt 4
In this part—approval includes authority, lease, licence, permit or other approval.assessment manager ...concurrence agency ...Coordinator-General’s change report see section 35I(1).Coordinator-General’s report means—(a)for an EIS—the report the Coordinator-General must prepare under section 34D(2); or(b)for an IAR—the report the Coordinator-General must prepare under section 34L(2).development approval ...EIS ...environmental authority means an environmental authority under the Environmental Protection Act.environmental authority (mining lease) ...Environmental Protection Act means the Environmental Protection Act 1994.EPA Minister means the Minister for the time being administering the Environmental Protection Act.IDAS ...imposed condition, for the undertaking of a project, see section 54B(2).Mineral Resources Act means the Mineral Resources Act 1989.MRA Minister means the Minister for the time being administering the Mineral Resources Act.nominated entity, for an imposed condition for the undertaking of a project, means an entity nominated for the condition, under section 54B(3).properly made submission ...proponent ...relevant local government, for a project, means the local government for the local government area in which the project is, or is to be, undertaken.significant project ...submission period ...
25 Supervision of environment
The Coordinator-General shall, of the Coordinator-General’s own motion or at the direction of the Minister, coordinate departments of the Government and local bodies throughout the State in activities directed towards ensuring that in any development proper account is taken of the environmental effects.
Division 1A Coordinator-General’s costs of environmental coordination process
25A Fees for pt 4
(1)An application under this part must be accompanied by the application fee prescribed by regulation for the application.(2)The Coordinator-General must refuse to receive the application unless the fee has been paid.(3)The proponent of a coordinated project must pay the Coordinator-General the fees prescribed by regulation at the times provided for under the regulation.(4)If a fee becomes payable under subsection (3), the Coordinator-General’s obligations under this part for the coordinated project are suspended until the fee has been paid.(5)Subsection (4) applies despite divisions 2 to 3A.
25AA Coordinator-General may waive or reduce fee
(1)Despite section 25A, if a fee is prescribed as mentioned in that section for an application or coordinated project, the Coordinator-General may waive or reduce the fee.(2)Subsection (3) applies if a fee is prescribed as mentioned in section 25A for an application under section 35C for a proposed change to a coordinated project or a condition of the project.(3)In deciding whether to waive or reduce the fee for the application, the Coordinator-General may have regard to—(a)the complexity of the proposed change; and(b)the extent of public consultation required in relation to the proposed change.
25B Recovering the cost of advice or services for environmental coordination
(1)This section applies if the Coordinator-General obtains from another entity advice or services the Coordinator-General considers necessary to—(a)decide an application under this part by a proponent of a project; or(b)take action under this part relating to a coordinated project.(2)The Coordinator-General may recover from the proponent as a debt the reasonable cost of obtaining the advice or services.
Division 2 Coordinated project
Subdivision 1 Power to declare coordinated project
26 Declaration of coordinated project
(1)The Coordinator-General may—(a)declare a project to be a coordinated project for which an EIS is required; or(b)declare a project to be a coordinated project for which an IAR is required.(2)However, the Coordinator-General may make a declaration under subsection (1)(b) only if satisfied the environmental effects of the project do not, having regard to their scale and extent, require assessment through the EIS process under division 3, subdivision 1.(3)The declaration must be made by gazette notice.(4)If the project involves development that requires a development approval, the Coordinator-General must give a copy of the gazette notice to the person who is, or is to be, the assessment manager for a development application for the approval.(5)If the project involves a proposed environmental authority for a mining activity relating to a mining lease, the Coordinator-General must give a copy of the gazette notice to the EPA and MRA Ministers.(6)If the project involves a proposed geothermal production lease under the Geothermal Energy Act 2010, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering that Act.(7)If the project involves a lease or licence under a petroleum Act, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering the Act.(8)If the project involves a proposed GHG injection and storage lease under the Greenhouse Gas Storage Act 2009, the Coordinator-General must also give a copy of the gazette notice to the Minister for the time being administering that Act.(9)In this section—petroleum Act means—(a)the Petroleum Act 1923; or(b)the Petroleum and Gas (Production and Safety) Act 2004; or(c)the Petroleum (Submerged Lands) Act 1982.
27 Matters Coordinator-General considers before making declaration
(1)In considering whether to declare a project to be a coordinated project, the Coordinator-General must have regard, and may give the weight the Coordinator-General considers appropriate, to the following—(a)detailed information about the project given by the proponent in an initial advice statement;(b)relevant planning schemes or policy frameworks of a local government, the State or the Commonwealth;(c)relevant State policies and Government priorities;(d)a pre-feasibility assessment of the project, including how it satisfies an identified need or demand;(e)the capacity of the proponent to undertake and complete the EIS or IAR for the project;(f)any other matter the Coordinator-General considers relevant.(2)However, the Coordinator-General need not consider an application for a declaration under section 26(1) unless the Coordinator-General is satisfied that—(a)section 27AB has been complied with for the project; and(b)the project has at least 1 of the following—(i)complex approval requirements imposed by a local government, the State or the Commonwealth;(ii)strategic significance to a locality, region or the State, including for the infrastructure, economic and social benefits, capital investment or employment opportunities it may provide;(iii)significant environmental effects;(iv)significant infrastructure requirements.
Subdivision 2 Applying for and obtaining coordinated project declaration
27AA Who may apply
(1)The proponent of the project may apply to the Coordinator-General for a declaration under section 26(1) about the project.(2)To remove any doubt, it is declared that this subdivision does not prevent the Coordinator-General from making a declaration under section 26(1) on the Coordinator-General’s own initiative.
27AB Requirements for application
The application must be written and include—(a)an initial advice statement mentioned in section 27(1)(a); and(b)enough information about the project to allow the Coordinator-General to consider the matters mentioned in section 27(1)(b) to (f) and (2) for the project; and(c)a separate statement detailing the proponent’s financial and technical capability to—(i)complete an EIS or IAR for the project; and(ii)give any additional information that may be requested by the Coordinator-General under section 34B(2)(b) or 34J(2)(b); and(d)a separate statement (pre-feasibility assessment) assessing the technical and commercial feasibility of the project.
27ABA Coordinator-General may refuse to receive or process application for declaration
(1)This section applies if the Coordinator-General is not satisfied that an application for a declaration under section 26(1) for a coordinated project includes enough information about the project to allow the Coordinator-General to consider the matters mentioned in section 27(1)(b) to (f) or (2) for the project.(2)The Coordinator-General may—(a)refuse to receive or process the application; or(b)give the proponent a reasonable opportunity to give the information to the Coordinator-General before refusing to receive or process the application.(3)If the Coordinator-General decides to refuse to receive or process the application, the Coordinator-General must—(a)give the proponent written notice of the decision and the reasons for it; and(b)refund the application fee to the proponent.
27AC Deciding application
(1)The Coordinator-General must decide whether or not to make the declaration.(2)Sections 26(2) and 27 apply for the making of the decision.(3)If the Coordinator-General decides not to make the declaration, the Coordinator-General must give the applicant written notice of the decision and the reasons for it.(4)The Coordinator-General may decide to declare, or not to declare, a project to be a coordinated project on the basis of 1 or more of the matters mentioned in section 27.(5)The Coordinator-General is not bound to declare a project to be a coordinated project merely because the project satisfies 1 or more of the matters mentioned in section 27.
Subdivision 3 Miscellaneous provisions
27AD Application of Judicial Review Act 1991
The Judicial Review Act 1991, parts 3 and 5, other than section 41(1), do not apply to a decision, action or conduct of the Coordinator-General under this part relating to the project.
27AE Notice of change of proponent, contact details or registered office
(1)The proponent of a coordinated project must give the Coordinator-General written notice of the following—(a)a change of proponent for the project;(b)a change in the proponent’s contact details;(c)if the proponent is a corporation, a change in the proponent’s registered office.(2)The notice must be given—(a)within 21 days after the change; or(b)by any later time allowed by the Coordinator-General in writing.
27AF Cancellation of declaration
(1)The Coordinator-General may cancel a declaration made under section 26(1) for a coordinated project before completing a Coordinator-General’s report for the project if—(a)the proponent of the project makes a written request to the Coordinator-General to cancel the declaration; or(b)the Coordinator-General considers that the proponent no longer has the capability to undertake and complete the EIS or IAR for the project; or(c)the Coordinator-General considers it is in the public interest to cancel the declaration; or(d)the proponent for the project changes; or(e)the proponent substantially changes the project from that described in the initial advice statement mentioned in section 27(1)(a); or(f)the proponent fails to comply with section 27AE in relation to the project.(2)If the Coordinator-General decides to cancel a declaration under subsection (1), the Coordinator-General must, within 14 days after the decision, give the proponent written notice of the decision and the reasons for it.(3)A decision to cancel the declaration takes effect on the later of—(a)the day the written notice is given to the proponent; or(b)the day of effect stated in the written notice.
27A Lapsing of declaration if EIS required
(1)This section applies to a coordinated project if an EIS is required for the project.(2)The declaration for the project lapses if, within 18 months of the terms of reference being finalised, the Coordinator-General has not, under section 34A(1)(b), accepted a draft EIS for the project as the final EIS.(3)Despite subsection (2), if before the declaration lapses, the Coordinator-General gives written notice to the proponent stating a later time for the declaration to lapse, the declaration does not lapse until the later time.
27B Lapsing of declaration if IAR required
(1)This section applies to a coordinated project if an IAR is required for the project.(2)The declaration for the project lapses if, within 18 months of the declaration being made, the Coordinator-General has not, under section 34I(1)(b), accepted a draft IAR as the final IAR for the project.(3)However, if before the lapsing of the declaration under subsection (2), the Coordinator-General gives written notice to the proponent stating a later time for the declaration to lapse, the declaration does not lapse until the later time.
28 Application of divs 3–8
Divisions 3 to 8 apply only if the project is declared, under section 26, to be a coordinated project.
Division 3 Assessment process
Subdivision 1 EIS process
29A Application of sdiv 1
This subdivision applies to a coordinated project for which an EIS is required.
29 Notice of requirement for EIS and of draft terms of reference
(1)The Coordinator-General—(a)must advise the proponent that an EIS is required for the project; and(b)may publicly notify—(i)that an EIS is required for the project; and(ii)where copies of the draft terms of reference may be obtained; and(iii)that comments on the draft terms of reference are invited.(2)The public notification must state a period within which the comments must be made under subsection (1)(b).
29Q [Repealed]
30 Finalising terms of reference
(1)If, under section 29, the Coordinator-General publicly notifies that comments on the draft terms of reference are invited—(a)the Coordinator-General must, as soon as practicable after the comment period ends, finalise the terms of reference for the EIS and give the proponent a copy; and(b)in finalising the terms of reference, the Coordinator-General must have regard to any comments on the draft terms of reference received by the Coordinator-General within the comment period.(2)Subsection (3) applies if the Coordinator-General has not, under section 29, publicly notified that comments on the draft terms of reference are invited.(3)The Coordinator-General must, as soon as practicable after the Coordinator-General advises the proponent that an EIS is required for the project under section 29(1)(a), finalise the terms of reference for the EIS and give the proponent a copy.(4)In this section—comment period means the period stated under section 29(2).
31 Coordinator-General may seek information to assist preparation of EIS
(1)The Coordinator-General may refer details of the project, the initial advice statement and the terms of reference, to any entity the Coordinator-General considers may be able to give the Coordinator-General comment and information that will help in preparing the EIS.(2)If the entity wants the proponent to consider its response when preparing the EIS, the entity must give its response to the Coordinator-General within the reasonable time stated by the Coordinator-General for giving the response (the response time).(3)If the entity does not give its response within the response time, the proponent may prepare the EIS as if the entity had no comment on the project.
32 Preparation of draft EIS
(1)The proponent of the project must prepare a draft EIS for the project.(2)The draft EIS prepared by the proponent must address, for the whole project, the terms of reference to the satisfaction of the Coordinator-General.
33 Public notification of draft EIS
(1)After the proponent has prepared a draft EIS to the satisfaction of the Coordinator-General, the proponent must publicly notify the following—(a)where a copy of the draft EIS is available for inspection;(b)where a copy of the draft EIS may be obtained at a stated reasonable cost;(c)that submissions may be made to the Coordinator-General about the draft EIS;(d)the period (the submission period), set by the Coordinator-General, during which a submission may be made.(2)For subsection (1)(b), the stated reasonable cost must not be more than the actual cost of producing the copy.
34 Making submissions on draft EIS
(1)During the submission period for a draft EIS, any person may make a submission to the Coordinator-General about the draft EIS.(2)The Coordinator-General must accept properly made submissions.(3)However, the Coordinator-General may accept a written submission even if the submission is not a properly made submission.(4)If the Coordinator-General has accepted a submission, the person who made the submission may, by written notice given to the Coordinator-General—(a)during the submission period—amend the submission; or(b)at any time before a decision about the draft EIS is made—withdraw the submission.
34A Coordinator-General decides whether to accept draft EIS as final EIS
(1)After the end of the submission period for a draft EIS, the Coordinator-General must—(a)consider the following—(i)the draft EIS;(ii)any properly made submissions for the draft EIS;(iii)any other material the Coordinator-General considers is relevant to the project; and(b)decide whether or not to accept the draft EIS as the final EIS for the project.(2)The Coordinator-General may decide not to accept the draft EIS as the final EIS if satisfied additional information is needed about—(a)an environmental effect of the project; or(b)any other matter the Coordinator-General considers is relevant to the project.
34B Giving notice of decision
(1)The Coordinator-General must give the proponent written notice of the Coordinator-General’s decision under section 34A.(2)If the decision is not to accept the draft EIS as the final EIS, the notice must state the following—(a)the decision;(b)the additional information required by the Coordinator-General;(c)whether or not public notification of the additional information is required;(d)the period within which a draft EIS that includes or attaches the additional information (a revised draft EIS) must be given to the Coordinator-General.
34C Requirement to give additional information
(1)This section applies if the Coordinator-General decides under section 34A(1)(b) not to accept the draft EIS as the final EIS.(2)If the notice given under section 34B states that public notification of the additional information is not required, the proponent must, within the period stated in the notice, give the Coordinator-General a revised draft EIS.(3)If the notice given under section 34B states that public notification of the additional information is required, the proponent must, within the period stated in the notice—(a)comply with section 33 as if a reference in that section to a draft EIS were a reference to the additional information stated in the notice; and
(b)give the Coordinator-General a revised draft EIS.(4)Submissions about the additional information may be made under section 34 as if the information were a draft EIS.(5)If the Coordinator-General receives a revised draft EIS under subsection (2) or (3), sections 34A and 34B apply to the revised draft EIS—(a)as if a reference in section 34A(1) to the end of the submission period for the draft EIS were a reference to the day the Coordinator-General receives the revised draft EIS; and(b)as if a reference in section 34A(1)(a)(ii) to a properly made submission for the draft EIS were a reference to a properly made submission for the additional information; and(c)with any other necessary changes.
34D Report evaluating EIS
(1)This section applies if the Coordinator-General decides under section 34A(1)(b) to accept the draft EIS as the final EIS.(2)The Coordinator-General must prepare a report evaluating the EIS.(3)In evaluating the EIS, the Coordinator-General may—(a)evaluate the environmental effects of the project and any other related matters; and(b)state conditions under section 39, 45, 47C, 49B, 49E or 49G; and(c)make recommendations under section 43 or 52; and(d)if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project.(4)After completing the report, the Coordinator-General must—(a)give a copy of the report to the proponent; and(b)publicly notify the report.
Subdivision 2 IAR process
34E Application of sdiv 2
This subdivision applies to a coordinated project for which an IAR is required.
34F Notice of requirement for IAR
The Coordinator-General must, as soon as practicable after making a declaration under section 26(1)(b), give the proponent written notice that an IAR is required for the project.
34G Preparation of draft IAR
(1)The proponent of the project must prepare a draft IAR for the project.(2)The draft IAR must include—(a)details of the project; and(b)information about the likely environmental effects of the project; and(c)a statement about whether or not any of the following approvals (each of which is a notifiable approval) is required for the project—(i)a development approval if the development application for the approval would, under the Planning Act, require impact assessment;(ii)an environmental authority if the application for the authority would, under the Environmental Protection Act, chapter 5, part 4, require public notification;(iii)another approval under an Act if—(A)the application for the approval requires, other than under the Planning Act or the Environmental Protection Act, chapter 5, an EIS or a similar statement to address the environmental effects of the approval; and(B)the application for, or the granting of, the approval requires public notification under the relevant Act.
34H Public notification of draft IAR
(1)This section applies if—(a)a notifiable approval is required for the project; or(b)the Coordinator-General gives the proponent a written notice stating that the draft IAR for the project must be publicly notified under this section.(2)After the proponent prepares a draft IAR to the satisfaction of the Coordinator-General, the proponent must comply with section 33 as if a reference in that section to a draft EIS were a reference to the draft IAR.(3)Submissions about the draft IAR may be made under section 34 as if the draft IAR were a draft EIS.(4)In deciding whether the draft IAR may be publicly notified, the Coordinator-General may ask any person for information, advice or comment about the draft IAR.
34I Coordinator-General decides whether to accept draft IAR as final IAR
(1)The Coordinator-General must—(a)consider the following—(i)the draft IAR;(ii)any properly made submissions for the draft IAR;(iii)any other material the Coordinator-General considers is relevant to the project; and(b)decide whether or not to accept the draft IAR as the final IAR.(2)However, subsection (1) does not apply until after—(a)if the draft IAR required public notification under section 34H—the submission period for the draft IAR ends; or(b)otherwise—the Coordinator-General receives the draft IAR.(3)The Coordinator-General may decide not to accept the draft IAR as the final IAR if satisfied additional information is needed about—(a)an environmental effect of the project; or(b)any other matter the Coordinator-General considers relevant to the project.(4)In making a decision under subsection (1)(b), the Coordinator-General may ask any person for information, advice or comment about the draft IAR.
34J Giving notice of decision
(1)The Coordinator-General must give the proponent written notice of the Coordinator-General’s decision under section 34I.(2)If the Coordinator-General decides not to accept the draft IAR as the final IAR, the notice must state the following—(a)the decision;(b)the additional information required;(c)whether or not public notification of the draft IAR as amended to include or attach the additional information (the revised draft IAR) is required;(d)the period within which the revised draft IAR must be given to the Coordinator-General.
34K Requirement to provide additional information
(1)This section applies if the Coordinator-General decides under section 34I(1)(b) not to accept the draft IAR as the final IAR.(2)If the notice given under section 34J states that public notification of the revised draft IAR is not required, the proponent must, within the period stated in the notice, give the Coordinator-General the revised draft IAR.(3)If the notice given under section 34J states that public notification of the revised draft IAR is required, the proponent must, within the period stated in the notice—(a)comply with section 33 as if a reference in that section to a draft EIS were a reference to the revised draft IAR; and(b)give the Coordinator-General the revised draft IAR.(4)Submissions about the revised draft IAR may be made under section 34 as if the revised draft IAR were a draft EIS.(5)If the Coordinator-General receives a revised draft IAR under subsection (2) or (3), sections 34I and 34J apply to the revised draft IAR.
34L Report evaluating IAR
(1)This section applies if the Coordinator-General decides under section 34I(1)(b) to accept the draft IAR as the final IAR.(2)The Coordinator-General must prepare a report evaluating the IAR.(3)In evaluating the IAR, the Coordinator-General may—(a)evaluate the environmental effects of the project and any other related matters; and(b)state conditions under section 39, 45, 47C, 49B, 49E or 49G; and(c)make recommendations under section 43 or 52; and(d)if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project.(4)After completing the report, the Coordinator-General must—(a)give a copy of the report to the proponent; and(b)publicly notify the report.
35 [Repealed]
Subdivision 3 Amendment and lapsing of Coordinator-General’s report
35AA Amendment of Coordinator-General’s report
(1)The Coordinator-General may amend the report for the EIS or IAR for the project if the amendment is to correct a clerical error.(2)The Coordinator-General must give written notice of the amendment to—(a)the proponent; and(b)if the project is the subject of an application for a development approval and the Coordinator-General is not the assessment manager for the application—the assessment manager for the application.(3)The Coordinator-General must publicly notify—(a)the amendment; and(b)the report as amended.(4)The amendment has effect when the proponent is given notice of the amendment under subsection (2).
35A Lapsing of Coordinator-General’s report
(1)The Coordinator-General’s report for the EIS or IAR for a project lapses—(a)if the report for the EIS or IAR states or implies a time for the report to lapse—at the stated or implied time; or(b)otherwise—3 years after the day the report is publicly notified under section 34D(4)(b) or 34L(4)(b).(2)Subsection (3) applies if—(a)the project the subject of the Coordinator-General’s report requires 1 or more relevant approvals; and(b)the proponent applies for each relevant approval before the Coordinator-General’s report would otherwise lapse under subsection (1).(3)Despite subsection (1), the Coordinator-General’s report does not lapse, to the extent it relates to the relevant approval applied for, until—(a)if the application for the relevant approval is refused—the application is decided and any appeal against the decision is finalised or withdrawn; or(b)if the application for the relevant approval is approved—the approval takes effect.(4)Subsection (5) applies if, before the report would otherwise lapse under subsection (1) or (3), the Coordinator-General gives the proponent written notice stating a later time for the report to lapse.(5)Despite subsections (1) and (3), the Coordinator-General’s report does not lapse until the later time stated in the notice.(6)Subsection (7) applies if—(a)division 8 applies to the project; and(b)the undertaking of the project substantially starts before the Coordinator-General’s report would otherwise lapse under subsection (1), (3) or (5).(7)Despite subsections (1), (3) and (5), the Coordinator-General’s report does not lapse and continues to have effect to the extent it imposes conditions for the undertaking of the project.(8)In this section—relevant approval means—(a)a development approval; or(b)a mining lease under the Mineral Resources Act; or(c)an environmental authority; or(d)a petroleum lease, pipeline licence or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act 2004; or(e)a GHG injection and storage lease under the Greenhouse Gas Storage Act 2009; or(f)a geothermal production lease under the Geothermal Energy Act 2010; or(g)another approval under an Act if the application for the approval requires, other than under the Planning Act or the Environmental Protection Act, chapter 5, an EIS or a similar statement to address the environmental effects of the approval.
Division 3A Changes to project
Subdivision 1 Assessment of changes to project or conditions of project on proponent’s application
35B Application of sdiv 1
This subdivision applies if, after the Coordinator-General complies with section 34D(4) or 34L(4), the proponent wishes the Coordinator-General to assess a proposed change to the project or a condition of the project.
35C Application for evaluation of environmental effects of proposed change
The proponent may apply to the Coordinator-General to evaluate, under this subdivision, the environmental effects of the proposed change, its effects on the project and any other related matters.
35D [Repealed]
35E Requirements for application
The application must be written and—(a)describe the proposed change and its effects on the project; and(b)state reasons for the proposed change; and(c)include enough information about the proposed change and its effects on the project to allow the Coordinator-General to make the evaluation.
35F Coordinator-General may seek comments or information
(1)After receiving the application, the Coordinator-General may—(a)refer details of the proposed change, its effects on the project or any other related matter to anyone the Coordinator-General considers may be able to give comments or information to help the making of the evaluation; and(b)ask the proponent for further information about the proposed change, its effects on the project or any other related matter.(2)If the proponent does not comply with a request under subsection (1)(b) within a reasonable period after it is made, the Coordinator-General may make the evaluation without the further information.
35G Public notice
(1)The Coordinator-General must decide whether or not to require the proponent to publicly notify the proposed change and its effects on the project, in a way decided by the Coordinator-General.(2)The Coordinator-General must give the proponent a written notice (the decision notice) stating the decision, and if the decision was to make a requirement under subsection (1), the decided way of public notification.(3)If the decision is to require public notification, the decision notice must be given before the evaluation is made.(4)Sections 33 and 34 apply to the public notification, and for submissions about the proposed change and its effect on the project, as if a reference in those sections to a draft EIS were a reference to the proposed change or the effects.(5)Subsections (6) to (8) apply if the decision is not to require public notification.(6)If the Coordinator-General is of the opinion that the proposed change might be approved unconditionally, the Coordinator-General may defer giving the decision notice.(7)If the Coordinator-General’s opinion under subsection (6) changes or if the Coordinator-General is not of that opinion, the Coordinator-General must immediately give the decision notice.(8)If the proposed change is approved unconditionally, the decision notice must accompany the Coordinator-General’s change report when it is given to the proponent under section 35J.(9)In this section—approved unconditionally, for the proposed change, means that the evaluation allows the change without the Coordinator-General doing anything mentioned in section 35I(2).
35H Criteria for evaluating proposed change
In making the evaluation, the Coordinator-General must consider each of the following—(a)the nature of the proposed change and its effects on the project;(b)the project as currently evaluated under the Coordinator-General’s report for the EIS or IAR for the project;(c)the environmental effects of the proposed change and its effects on the project;(d)if, under section 35G, public notification was required—all properly made submissions about the proposed change and its effects on the project;(e)if the change relates to a project for which an EIS was required—the material mentioned in section 34A(1)(a) to the extent the Coordinator-General considers it is relevant to the proposed change and its effects on the project;(f)if the change relates to a project for which an IAR was required—the material mentioned in section 34I(1)(a) to the extent the Coordinator-General considers it is relevant to the proposed change and its effects on the project.
35I Coordinator-General’s change report
(1)The Coordinator-General must prepare a report (a Coordinator-General’s change report) that makes the evaluation.(2)In making the evaluation, the Coordinator-General may—(a)state conditions of a type mentioned in section 39, 45, 47C, 49B, 49E or 49G that are relevant to the proposed change, its effects on the project or any other related matter; and(b)make recommendations of a type mentioned in section 43 or 52 that are relevant to the proposed change, its effects on the project or any other related matter; and(c)amend any conditions or recommendations for the project stated or made under section 34D(3) or 34L(3); and(d)if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project.(3)The evaluation may refuse to allow the proposed change.(4)If the evaluation refuses to allow the proposed change, it must state reasons for the refusal.
35J Distribution of Coordinator-General’s change report
After completing the Coordinator-General’s change report, the Coordinator-General must—(a)give a copy of it to the proponent; and(b)publicly notify the report.
35K Relationship with Coordinator-General’s report
(1)The Coordinator-General’s report for the EIS or IAR for the project and the Coordinator-General’s change report both have effect for the project.(2)However, if the reports conflict, the Coordinator-General’s change report prevails to the extent of the inconsistency.
35KA Amendment of Coordinator-General’s change report
(1)The Coordinator-General may amend a change report if the amendment is to correct a clerical error.(2)The Coordinator-General must give written notice of the amendment to—(a)the proponent; and(b)if the project is the subject of an application for a development approval and the Coordinator-General is not the assessment manager for the application—the assessment manager for the application.(3)The Coordinator-General must publicly notify—(a)the amendment; and(b)the change report as amended.(4)The amendment has effect when the proponent is given notice of the amendment under subsection (2).
35L Lapsing of Coordinator-General’s change report
(1)The Coordinator-General’s change report for a project lapses—(a)generally—at the same time as the Coordinator-General’s report for the EIS or IAR for the project lapses under section 35A; or(b)if the change report states a different day—on the day stated in the change report.(2)Subsection (3) applies if—(a)division 8 applies to the project; and(b)the Coordinator-General’s report for the EIS or IAR for the project continues to have effect but only to the extent it imposes conditions for the undertaking of the project.(3)Despite subsection (1), the Coordinator-General’s change report for the project does not lapse until the day stated in the change report.
Subdivision 2 Assessment of changes to project on Coordinator-General’s own initiative
35M Application of sdiv 2
This subdivision applies if, after the Coordinator-General complies with section 34D(4) or 34L(4) for a coordinated project, the Coordinator-General wishes to assess a proposed change to the project on his or her own initiative.
35N Procedure for making assessment
(1)The Coordinator-General may assess the proposed change under this section.(2)The Coordinator-General must give the proponent of the coordinated project written notice stating—(a)that the Coordinator-General proposes to assess a stated proposed change to the project; and(b)the reasons for the proposed assessment; and(c)that the proponent may, within 5 business days after receiving the notice, give the Coordinator-General the proponent’s written views about whether the proposed assessment should be made.(3)The Coordinator-General may, whether or not the 5 business days has elapsed, extend the time allowed under subsection (2)(c) for the proponent to give the written views.(4)If, after considering any written views given to the Coordinator-General under subsection (2)(c), the Coordinator-General decides to make the assessment, the Coordinator-General must give the proponent a written notice stating—(a)the decision and the reasons for it; and(b)that within 20 business days after receiving the notice the proponent must apply to the Coordinator-General to evaluate under subdivision 1 the environmental effects of the proposed change, its effects on the project and any other related matters.(5)Subdivision 1, other than sections 35B and 35C, apply in relation to the application as if it were an application made under the subdivision.Example—
The application must comply with section 35E as if the application were an application made under the subdivision.(6)The Coordinator-General may, if asked in writing by the proponent, extend the time under subsection (4)(b) before the end of the 20 business days.(7)The proponent must comply with a requirement under subsection (4)(b).Maximum penalty—1,665 penalty units.
Division 4 Relationship with Planning Act
Subdivision 1 Development approvals
36 Application of sdiv 1
This subdivision applies if—(a)the project involves development requiring a development approval; and(b)any or all of the following applications (each a relevant application) is made—(i)a development application for the development approval;(ii)a change application, other than a minor change application, to change a development approval that approves part of the development;(iii)a change application, other than a minor change application, to change a development approval to approve part of the development; and(c)the Coordinator-General’s report for the EIS or IAR for the project has not lapsed under section 35A.
37 Applications for material change of use or requiring impact assessment
(1)To the extent the relevant application relates to a material change of use of premises, or requires impact assessment, under the Planning Act—(a)the application does not require public notification under the Planning Act, section 53; and(b)there are no referral agencies under the Planning Act for the application; and(c)a properly made submission about either of the following is taken to be a properly made submission about the application for the Planning Act, chapter 3—(i)a draft EIS or draft IAR for the project;(ii)any additional information, required by the Coordinator-General for the project, that was publicly notified under section 34C(3); and(d)despite paragraph (b), until any development approval for the application has effect—(i)the Coordinator-General’s report for the EIS or IAR for the project is taken to be a referral agency’s response for the application for the Planning Act, chapter 3; and(ii)the Coordinator-General may exercise any power of an entity as a referral agency that, other than for paragraph (b), would have been a referral agency for the application.(2)Subsection (1)(c) does not apply if the application involves only a material change of use requiring code assessment under the Planning Act.(3)In this section—material change of use see the Planning Act, schedule 2.
37A [Repealed]
38 When decision-making period for relevant application starts
(1)If the relevant application is a development application, the decision-making period for the application does not start until—(a)if the Coordinator-General is not the assessment manager for the application—the Coordinator-General gives the assessment manager a copy of the relevant Coordinator-General’s report for the project; or(b)if the Coordinator-General is the assessment manager for the application—the Coordinator-General gives the proponent a copy of the relevant Coordinator-General’s report for the project.(2)If the relevant application is a change application for a development approval, the decision-making period for the application does not start until—(a)if the Coordinator-General is not the responsible entity for the application—the Coordinator-General gives the responsible entity a copy of the relevant Coordinator-General’s report for the project; or(b)if the Coordinator-General is the responsible entity for the application—the Coordinator-General gives the proponent a copy of the relevant Coordinator-General’s report for the project.(3)In this section—relevant Coordinator-General’s report, for a project, means—(a)if the project requires an EIS—the Coordinator-General’s report for the EIS; or(b)if the project requires an IAR—the Coordinator-General’s report for the IAR.
39 Application of Coordinator-General’s report to assessment of relevant application under Planning Act
(1)The Coordinator-General’s report for the EIS or IAR for the project may state any of the following for development relating to the project—(a)that any development approval given for the development must be subject to stated conditions;(b)that any development approval given must be only for a stated part of the development;(c)that any development approval given must be a preliminary approval only.(2)Alternatively, the report may state that—(a)the Coordinator-General has no conditions or requirements for the development; or(b)a development approval for the development must not be given.(3)The decision maker for the relevant application must comply with a matter stated in the report under subsection (1) or (2).(4)To remove any doubt, it is declared that subsection (1)(a) does not limit the power of the decision maker for the application to—(a)assess the application; and(b)impose conditions on any development approval given, if the conditions are not inconsistent with conditions stated under subsection (1)(a).(5)The report may state that a development approval must not be given for the development only if the Coordinator-General is satisfied there are environmental effects in relation to the development that can not be addressed adequately.(6)The report must give reasons for the statement mentioned in subsection (2)(b).(7)If the Coordinator-General’s report provides for a condition that must be attached to any development approval—(a)the report may state the entity that is to have jurisdiction for the condition after the development approval starts to have effect under the Planning Act, section 71; and(b)the condition is taken to be a condition that a referral agency requires be imposed on any development approval under the Planning Act.(8)If there is any inconsistency between a condition mentioned in subsection (1)(a) for a development approval and a condition a referral agency has required be imposed on the approval under the Planning Act, the condition mentioned in subsection (1)(a) prevails to the extent of the inconsistency.
40 Decision maker to be given copy of Coordinator-General’s report
If the Coordinator-General is not the decision maker for a relevant application, the Coordinator-General must give a copy of the Coordinator-General’s report for the EIS or IAR for the project to the decision maker for the relevant application.
40A [Repealed]
40B [Repealed]
41 Referral agencies for conditions of development approvals
(1)Subsection (2) applies if, in the Coordinator-General’s report for the EIS or IAR for the project, the Coordinator-General nominates an entity as a referral agency for a development approval, including a condition of the approval, given in relation to the report.(2)The entity is, from the day the approval takes effect, taken to be a referral agency for the development application that resulted in the approval, including the condition of the approval.(3)This section applies despite section 37(1)(b).
42 [Repealed]
42A Application of Coordinator-General’s change report to assessment of relevant application under Planning Act
(1)This section applies if, under section 35J(a), the proponent is given a Coordinator-General’s change report.(2)The Coordinator-General must give a copy of the change report to the decision maker for the relevant application.(3)The change report is taken to be a referral agency’s response for the Planning Act for the application.(4)The referral agency’s response mentioned in section 37(1)(d)(i) ceases to have effect for the application.(5)Subsection (6) applies if the change report was given to the proponent—(a)after the decision-making period for the application started; but(b)before the decision maker has decided the application.(6)Despite the Planning Act, the decision-making period for the application—(a)ends on the day the Coordinator-General gives the proponent a copy of the change report; and(b)starts again from its beginning on the day after the decision maker receives a copy of the change report.(7)Subsection (8) applies if—(a)the change report was given to the proponent after the decision maker decided the application (the original application); and(b)the proposed change the subject of the change report involves—(i)assessable development that is not approved by a development approval; or(ii)changes to assessable development approved by a development approval; and(c)the proponent proposes to carry out the assessable development or assessable development as changed.(8)The proponent must take, or cause to be taken, the required steps under the Planning Act to obtain approval of the assessable development or changes to the assessable development.(9)Sections 37 to 41 apply to the obtaining of the approval as if—(a)a reference to the Coordinator-General’s report for the EIS or IAR for the project were a reference to the change report; and(b)a reference to a properly made submission about the draft EIS or draft IAR were a reference to a properly made submission about the proposed change.(10)Subsection (8) applies in relation to the changes to the assessable development even if there is an undecided appeal against the decision on the original application.
Subdivision 2 Designation of premises under Planning Act for development of infrastructure
43 Application of Coordinator-General’s report to designation
(1)This section applies if the project involves premises for which a designation under the Planning Act, chapter 2, part 5 may be made.(2)The Coordinator-General’s report for the EIS or IAR for the project may recommend requirements for inclusion in the designation under the Planning Act, section 35(2)(a) or (b).(3)In making the designation, the designator may have regard to the recommendation.
Division 5 Relationship with Mineral Resources Act
44 Application of div 5
This division applies if the project involves a proposed mining lease under the Mineral Resources Act.
45 Application of Coordinator-General’s report to proposed mining lease
(1)The Coordinator-General’s report for the EIS or IAR for the project may state conditions (Coordinator-General’s conditions) for the proposed mining lease.(2)If Coordinator-General’s conditions are included in the report—(a)the Coordinator-General must give the MRA Minister a copy of the report; and(b)the conditions of the proposed mining lease are taken to include the Coordinator-General’s conditions.
46 Coordinator-General’s conditions override other conditions
(1)This section applies if—(a)the proposed mining lease is granted; and(b)the conditions of the mining lease include a Coordinator-General’s condition; and(c)there is any inconsistency between the Coordinator-General’s condition and another condition of the mining lease.(2)The Co-ordinator-General’s condition prevails to the extent of the inconsistency.(3)In this section—Coordinator-General’s condition means—(a)a Coordinator-General’s condition that, under section 45, is taken to have been included in the proposed mining lease; or(b)a condition that is substantially the same as a condition mentioned in paragraph (a).
47 [Repealed]
47A Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
(1)This section applies if—(a)there is any inconsistency between a Coordinator-General’s condition under section 45 or 46; and(b)a condition for the granting of the proposed mining lease determined or declared under the Native Title Act 1993 (Cwlth) section 36A, 38 or 42.(2)The Coordinator-General’s condition does not apply to the extent of the inconsistency.
Division 6 Relationship with Environmental Protection Act
47B Application of div 6
This division applies if the project involves a proposed environmental authority under the Environmental Protection Act.
47C Application of Coordinator-General’s report to environmental authority
(1)The Coordinator-General’s report for the EIS or IAR for the project may state conditions for—(a)the proposed environmental authority; and(b)any proposed PRCP schedule relating to the environmental authority under the Environmental Protection Act.(2)If conditions under subsection (1) are included in the report, the Coordinator-General must give the EPA Minister a copy of the report.
47D [Repealed]
48 [Repealed]
49 [Repealed]
Division 6A Relationship with Petroleum and Gas (Production and Safety) Act 2004
49A Application of div 6A
This division applies if the project involves a proposed petroleum lease, pipeline licence or petroleum facility licence under the Petroleum and Gas (Production and Safety) Act 2004.
49B Application of Coordinator-General’s report to lease or licence
(1)The Coordinator-General’s report for the EIS or IAR for the project may state conditions for the proposed lease or licence.(2)If conditions under subsection (1) are included in the report, the Coordinator-General must give the Minister for the time being administering the Act under which the lease or licence is proposed to be granted a copy of the report.
49C Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
(1)This section applies if—(a)the project involves a proposed petroleum lease; and(b)there is any inconsistency between—(i)a Coordinator-General’s condition stated under section 49B; and(ii)a condition for the granting of the proposed petroleum lease determined or declared under the Native Title Act 1993 (Cwlth) section 36A, 38 or 42.(2)The Coordinator-General’s condition does not apply to the extent of the inconsistency.
Division 6B Relationship with Greenhouse Gas Storage Act 2009
49D Application of div 6B
This division applies if the project involves a proposed GHG injection and storage lease under the Greenhouse Gas Storage Act 2009.
49E Application of Coordinator-General’s report to proposed lease
(1)The Coordinator-General’s report for the EIS or IAR for the project may state conditions for the proposed lease.(2)If conditions under subsection (1) are included in the report, the Coordinator-General must give the Minister of the department in which the Greenhouse Gas Storage Act 2009 is administered a copy of the report.
Division 6C Relationship with Geothermal Energy Act 2010
49F Application of div 6C
This division applies if the project involves a proposed geothermal production lease under the Geothermal Energy Act 2010.
49G Application of Coordinator-General’s report to proposed lease
(1)The Coordinator-General’s report for the EIS or IAR for the project may state conditions for the proposed lease.(2)If conditions under subsection (1) are included in the report, the Coordinator-General must give the Minister of the department in which the Geothermal Energy Act 2010 is administered a copy of the report.
Division 7 Relationship with other legislation
50 Application of div 7
This division applies if an Act other than the Planning Act or the Environmental Protection Act, chapter 5, requires the preparation of an EIS, or a similar statement to address environmental effects, for the project.
51 EIS under this part is EIS for other Act
The EIS prepared under this part for the project is taken to be a statement that satisfies the requirement of the other Act.
52 Application of Coordinator-General’s report to other approval process
(1)The Coordinator-General’s report for the EIS or IAR for the project may recommend to the person who may give an approval required for the project that—(a)the approval be refused; or(b)stated conditions be imposed on the approval.(2)Alternatively, the report must recommend that there are no conditions to be attached to any approval given under the other Act.(3)If the recommendation is to refuse the approval, the report must give reasons for the recommendation.
53 Person approving project to be given copy of Coordinator-General’s report
The Coordinator-General must give a copy of the Coordinator-General’s report for the EIS or IAR for the project to the person required under the other Act to approve of the project.
54 Coordinator-General’s report must be taken into consideration
The Coordinator-General’s report for the EIS or IAR for the project must be taken into consideration by the person who may give an approval required for the project.
Division 8 Application of Coordinator-General’s report if no relevant approval
54A Application of div 8
This division applies to the extent that—(a)the project does not involve a material change of use under the Planning Act requiring impact assessment under that Act; and(b)division 4, subdivision 2 and divisions 5, 6, 6A and 7 do not apply to the project.
54B Report may impose conditions
(1)Subject to section 54C, the Coordinator-General’s report for the EIS or IAR for the project may impose conditions for the undertaking of the project, and state when they take effect.(2)A condition imposed in the report is an imposed condition for the undertaking of the project.(3)If there are imposed conditions for the undertaking of the project, the Coordinator-General may, for any imposed condition for the undertaking of the project, nominate an entity that is to have jurisdiction for the condition.(4)An entity may be nominated for 1 or more of the conditions.(5)A nomination under subsection (3) may be in the report or by public notification.(6)The public notification may be made at any time.(7)The Coordinator-General must give a copy of the report to each nominated entity for an imposed condition for the undertaking of the project.(8)Also, if a nomination under subsection (3) is by public notification, the Coordinator-General must give each of the following a copy of the notification—(a)the nominated entity under the nomination;(b)the proponent for the project;(c)the department in which the Environmental Protection Act is administered;(d)the relevant local government for the project.
54C Provision for what conditions may be imposed
The Planning Act, section 65 applies for imposed conditions for the undertaking of the project as if the conditions were, under that Act, conditions of a development approval being decided by an assessment manager for a development application.
54D Effect of imposed conditions
(1)This section applies if there are imposed conditions for the undertaking of the project.(2)The Planning Act, section 164 applies to the undertaking of the project as if—(a)the project were development under that Act; and(b)the imposed conditions were a development approval for the development.(3)The Environmental Protection Act, sections 437 to 440 and 493A apply to the undertaking of the project as if the imposed conditions were development conditions under that Act for a development approval for the project.(4)To remove any doubt, it is declared that the provisions mentioned in subsections (2) and (3) apply to anyone who undertakes the project, including, for example—(a)the proponent; and(b)any of the following who undertake the project—(i)an agent, contractor or subcontractor or licensee of the proponent;(ii)an agent, contractor or subcontractor or licensee of a person mentioned in subparagraph (i).(5)Also, it is declared that—(a)the Planning Act, section 227 applies in relation to an offence against section 164 of that Act; and(b)the Environmental Protection Act, section 493 applies in relation to an offence against sections 437 to 440 and 493A of that Act.
54E Imposed conditions override conditions of other approvals
If an imposed condition for the undertaking of the project is inconsistent with a condition of an approval that applies to the undertaking of the project, the imposed condition prevails to the extent of the inconsistency.
54F Provision about enforcement orders under the Planning Act
(1)This section applies if—(a)a proceeding is proposed to be started in the Planning and Environment Court under—(i)the Planning Act, chapter 5, part 5; or(ii)the Environmental Protection Act, section 505; and(b)the relief or remedy proposed to be sought in the proceeding relates to an offence, or threatened or anticipated offence, against a provision of those Acts as applied under section 54D; and(c)the offence or threatened or anticipated offence relates to the project.(2)Despite the provisions mentioned in subsection (1)(a), only the following persons may bring the proceeding—(a)the Coordinator-General;(b)the nominated entity for a relevant imposed condition for the undertaking of the project;(c)the relevant local government for the project;(d)the proponent;(e)someone else whose interests are significantly adversely affected by the subject matter of the proceeding.
54G Declaration-making powers
(1)A proceeding mentioned in the Planning and Environment Court Act 2016, section 11 can not be started in relation to the project.(2)However, a person mentioned in section 54F(2) may bring a proceeding in the Planning and Environment Court for a declaration about whether there has been substantial compliance with an imposed condition for the undertaking of the project.(3)The court may also make an order about any declaration it makes under subsection (2).(4)The court may, in deciding what orders it is to make in the proceeding, have regard to 1 or more of the following—(a)the laws and policies applying when the condition was imposed;
(b)the giving to the proponent of a notice under section 34B were a reference to when the submission period for the EIS ends under section 33(1)(d).(4)If a condition mentioned in former section 35(4)(b) or (d) is imposed by the Coordinator-General for the project, the condition is taken to be an enforceable condition under section 157A.
198 Existing approved development schemes
(1)This section applies to an approved development scheme in effect immediately before the commencement.(2)If the approved development scheme states a particular use of land or material change of use of premises can not be carried out without the approval of the Coordinator-General, the use or material change of use is taken to be—(a)SDA assessable development; and(b)regulated development.(3)Subsection (4) applies if the approved development scheme states matters or things the Coordinator-General may consider in assessing a proposed use.(4)The matters or things are taken to be the matters or things an SDA application for the development may be assessed against.(5)A reference in the approved development scheme to—(a)an application to the Coordinator-General for approval to carry out a use of land, or a material change of use of premises, is a reference to an SDA application for approval to carry out a material change of use of premises; and(b)an approval given by the Coordinator-General for a use of land, or a material change of use of premises, is a reference to an SDA approval for a material change of use of premises; and(c)a request to change an approval is a reference to a change application for an SDA approval; and(d)an alternative lawful use is a reference to an alternative lawful development; and(e)an approved use is a reference to an approved development; and(f)an authorised use is a reference to an authorised development.
199 Existing applications for approval for use of land in a State development area
(1)This section applies to an application made under former section 84AA, but not decided, before the commencement.(2)For deciding the application, former section 84AB continues to apply as if the amending Act had not been enacted.(3)If an approval is given under former section 84AB for the application, the approval is taken to be an SDA approval.
200 Existing approvals for use of land in a State development area
(1)This section applies to an approval given by the Coordinator-General under former section 84AB and in force immediately before the commencement.(2)The approval is taken to be an SDA approval.(3)However—(a)section 84H does not apply to the approval; and(b)former section 84A continues to apply to the approval as if the amending Act had not been enacted.(4)An approval continued in force under subsection (2) is taken to have had effect on the day it had effect under the unamended Act.(5)In this section—unamended Act means this Act as in force before the commencement.
201 Existing private infrastructure facility application
(1)This section applies to a private infrastructure facility application made, but not decided, before the commencement.(2)Former part 6, division 7 continues to apply to the application as if the amending Act had not been enacted.
Division 8 Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014
202 Pre-amended Act continues to apply for particular mining leases
(1)This section applies if, on or after the commencement—(a)a native title issues decision is made in relation to a proposed mining lease; and(b)a condition is imposed or made under, or is part of, the native title issues decision under the Mineral Resources Act as in force immediately before the commencement.(2)The pre-amended Act, section 47, continues to apply to the proposed mining lease.(3)In this section—commencement means the commencement of this section.native title issues decision has the meaning given by schedule 1A, section 669(1) of the Mineral Resources Act as in force immediately before the commencement.pre-amended Act means this Act as in force immediately before the commencement.
Division 9 Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016
203 Existing development application under repealed Sustainable Planning Act 2009
(1)This section applies to an existing development application for development for a project, to which former part 4, division 4, subdivision 1 applied.(2)Former part 4, division 4, subdivision 1 continues to apply in relation to the application as if the amending Act had not been enacted.(3)In this section—amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.existing development application means a development application made under the repealed Sustainable Planning Act 2009, to which the Planning Act, section 287 applies.former part 4, division 4, subdivision 1 means part 4, division 4, subdivision 1 as in force immediately before the commencement.
Schedule 1 [Repealed]
Part 1 [Repealed]
1 [Repealed]
2 [Repealed]
3 [Repealed]
4 [Repealed]
Part 2 [Repealed]
(Repealed)
Schedule 1A [Repealed]
Schedule 1B Subject matter for guidelines
section 174
1 Arrangements about payment of costs and compensation
(1)Arrangements that may be entered into between the Coordinator-General and a proponent of a project relating to the proponent’s payment to the Coordinator-General of the following for the project—(a)costs of taking land under this Act;(b)the payment of compensation payable for the land.(2)In this section—costs includes operational, administrative and legal costs.
2 Native title guidance
Guidance on native title matters relevant to this Act.
3 [Repealed]
4 [Repealed]
5 [Repealed]
6 [Repealed]
Schedule 2 Dictionary
section 2
accepted submissions, for a coordinated project or amendment application, for part 4A, see section 54I.
action, for part 4A, see the Commonwealth Environment Act, sections 523, 524 and 524A.
advice agency ...
alternative lawful development, for land, means a lawful, as of right development the owner can carry out on the land.
amending Act ...
applicable code...
applicant, for part 5A, see section 76D.
application means, in part 5, an application for approval to rezoning of land or for consent to use land or use or erect any building or other structure for any purpose so as to establish the legal right to use land for a prescribed development.
appropriate register, for part 6, division 8, see section 153A.
approval, for part 4, see section 24.
approved development, for land, means development approved under an SDA approval for the land.
approved development scheme means a development scheme relating to land situated in a State development area and approved by the Governor in Council under this Act.
approved person see section 100(1).
approved plan means an infrastructure coordination plan approved by the Governor in Council.
assessment manager, for a development application, means the person who is the assessment manager for the application under the Planning Act.
assessment report, for part 4A, see section 54W(4).
authorised development, for land, means development of the land authorised under a development approval, or an instrument taken to be a development approval, under the Planning Act.
authorised works means works authorised under this Act to be undertaken by the Coordinator-General.
bilateral agreement, for part 4A, see section 54I.
bilaterally accredited authorisation process, for part 4A, see the Commonwealth Environment Act, section 46(2A).
bilateral project declaration, for part 4A, see section 54J(1).
body of water means water contained in a river, creek, stream, watercourse, lake, lagoon, swamp, marsh or subterranean deposit.
building work see the Planning Act, schedule 2.
change application—
(a)for a development approval—means a change application under the Planning Act for the approval; or
(b)for an SDA approval—see section 84F(1).
commencement ...
Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act.
concurrence agency ...
coordinated project or project means—
(a)after a declaration under section 26(1) about a project is made by gazette notice, but before the Coordinator-General’s report for an EIS or IAR for the project is publicly notified under section 34D(4) or 34L(4)—the project as declared in the gazette notice; or
(b)otherwise—(i)the project as described in the Coordinator-General’s report for the EIS or IAR for the project, including any amendment of the report under section 35AA; or(ii)if 1 or more Coordinator-General’s change reports have been prepared for the project—the project as described in the current Coordinator-General’s change report for the project.
coordinated project declaration for part 4A, see section 54I.
Coordinator-General means the corporation sole constituted under section 8A of the State Development and Public Works Organisation Act 1938 and preserved, continued in existence and constituted under section 8 of this Act.
Coordinator-General’s change report see section 35I(1).
Coordinator-General’s report see section 24.
Council ...
CPI means—
(a)the all groups index for Brisbane published by the Australian Bureau of Statistics; or
(b)if the index ceases to be published, another similar index prescribed under a regulation.
CPI indexed, for a year (the relevant year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—
(a)the September quarter for the year before the previous year to the relevant year;
(b)the September quarter for the previous year to the relevant year.
critical infrastructure easement, for part 6, division 8, see section 153A.
critical infrastructure project see section 76D.
decision maker—
(a)for part 4, division 4—(i)for a development application—means the assessment manager for the application; or(ii)for a change application—means the responsible entity for the application; or
(b)for part 5A, see section 76D.
decision-making period means—
(a)for a development application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or
(b)for a change application for a development approval, other than a minor change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.
decision notice, for an SDA application, see section 84E(1)(b).
declaration, for part 5A, see section 76D.
development—
1Generally, development means the use of land or water within the State or over which the State claims jurisdiction and includes the construction, undertaking, carrying out, establishment, maintenance, operation, management, control and decommissioning of any activity, use, works or private works on or in land or water.
2For part 6, the term also includes the following—(i)carrying out building work;(ii)carrying out plumbing or drainage work;(iii)carrying out operational work;(iv)reconfiguring a lot;(v)making a material change of use of premises.
development application means a development application under the Planning Act.
development approval means a development approval under the Planning Act.
Director (Administration and Finance) ...
drainage work see the Plumbing and Drainage Act 2018, schedule 1.
easement holder, for part 6, division 8, see section 153A.
ecology ...
EIS means environmental impact statement.
enforceable condition see section 157A.
enforcement notice see section 157B(2).
enforcement order means an order made under part 7A, division 2.
environment includes—
(a)ecosystems and their constituent parts, including people and communities; and
(b)all natural and physical resources; and
(c)the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and
(d)the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c).
environmental approval, for part 4A, see section 54I.
environmental authority, for part 4, see section 24.
environmental effects means the effects of development on the environment, whether beneficial or detrimental.
environmental law, for part 4A, see section 54I.
environmental matter protected, for part 4A, see section 54I.
Environmental Protection Act, for part 4, see section 24.
environmental record, of a proponent or proposed new proponent of a coordinated project, for part 4A, see section 54I.
EPA Minister, for part 4, see section 24.
executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.
foreshore means the part of the bed, shore or banks of the sea or of any harbour, including any tidal navigable river, that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides, and includes land that adjoins land with a tidal boundary or right line tidal boundary and is on the same side of the boundary as the water subject to tidal influence and is not ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.
former ...
guidelines means guidelines made under section 174.
IAR means an impact assessment report.
IDAS ...
impact, for part 4A, see the Commonwealth Environment Act, section 527E.
imposed condition see section 54B(2).
indigenous land use agreement means an indigenous land use agreement under the Native Title Act 1993 (Cwlth), section 24BA, 24CA or 24DA.
information requirement notice, for part 4A, see section 54S(2).
infrastructure means those facilities, services and utilities that, in the opinion of the Coordinator-General, are required by or associated with a development or works and includes training schemes relevant to, and accommodation required for a work force related to a development or works and facilities, services and utilities required by or associated with such training schemes or accommodation.
infrastructure coordination plan means a plan identifying the infrastructure requirements in respect of a prescribed development.
infrastructure facility includes any of the following—
(a)a road, railway, bridge or other transport facility;
(b)a jetty or port;
(c)an airport, landing strip or spaceport;
(d)an electricity generation, transmission or distribution facility;
(e)a storage, distribution or gathering or other transmission facility for—(i)oil or gas; or(ii)derivatives of oil or gas;
(f)a storage or transportation facility for coal, any other mineral or any mineral concentrate;
(g)a dam, water storage facility, pipeline, channel or other water management, distribution or reticulation facility;
(h)a cable, antenna, tower or other communication facility;
(i)infrastructure for health or educational services.
Integrated Planning Act ...
land includes any estate or interest in land, and any easement, right, power or privilege in, over, or in connection with land, and any wharf.
local authority ...
local body means—
(a)a government owned corporation; or
(b)a statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982; or
(c)another body established under an Act; or
(d)a rail government entity under the Transport Infrastructure Act 1994; or
(e)a corporation whose shares are wholly owned by—(i)the State; or(ii)the State and 1 or more local governments; or(iii)1 or more local governments; or
(f)a corporation whose shares are wholly owned by—(i)a corporation of the type mentioned in paragraph (d); and(ii)1 or more local governments.
material change of use, of premises, for part 6, means—
(a)the start of a new use of the premises; or
(b)the re-establishment on the premises of a use that has been abandoned; or
(c)a material increase in the intensity or scale of the use of the premises.
Mineral Resources Act, for part 4, see section 24.
Minister ...
minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.
MRA Minister, for part 4, see section 24.
nominated entity, for part 4, see section 24.
notice to decide, for part 5A, see section 76D.
notifiable approval see section 34G(2)(c).
operational work see the Planning Act, schedule 2.
Planning Act means the Planning Act 2016.
Planning and Environment Court ...
plumbing work see the Plumbing and Drainage Act 2018, schedule 1.
pollution ...
pre-feasibility assessment see section 27AB(d).
premises, for part 6, means—
(a)a building or other structure; or
(b)land or water within the State or over which the State claims jurisdiction.
prescribed decision, for part 5A, see section 76D.
prescribed development means a proposed development, processing or handling of major economic significance to the State declared by the Governor in Council to be a prescribed development.
prescribed process, for part 5A, see section 76D.
prescribed project, for part 5A, see section 76D.
prior affected development, for land, means an alternative lawful development, an approved development or an authorised development for the land.
prior affected development request see section 79A(3)(b)(v).
private infrastructure facility means an infrastructure facility approved under section 153AC(2).
private infrastructure facility application see section 153AA(1).
private works means the whole and every part of any work, project, service, utility, undertaking or function that a person is required or permitted to undertake pursuant to an agreement between the person and the Government and, in particular, includes the provision of housing, water, drainage, sewerage, roads, power and other infrastructure pursuant to such an agreement.
progression notice, for part 5A, see section 76D.
properly made submission, for a draft EIS, a draft IAR, a proposed change to a coordinated project, a protected matters report or an amendment application, means a submission that—
(a)is made to the Coordinator-General in writing; and
(b)is received on or before the last day of the relevant submission period; and
(c)is signed by each person who made the submission; and
(d)states the name and address of each person who made the submission; and
(e)states the grounds of the submission and the facts and circumstances relied on in support of the grounds.
proponent means—
(a)of a coordinated project—the person who proposes the coordinated project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project; or
(b)of a proposed project that is an infrastructure facility—the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project.
protected matters report, for part 4A, see section 54I.
recipient, for a provision about an enforcement notice given or proposed to be given, means the person to whom the notice has been, or is proposed to be, given.
reconfiguring a lot see the Planning Act, schedule 2.
referral agency means a referral agency under the Planning Act.
referral coordination ...
region ...
registered owner, for part 5A, see section 76D.
registered owner, of land, for part 6, division 7, subdivisions 2 and 3, means—
(a)the registered owner of a lot under the Land Title Act 1994 in relation to the land; or
(b)the person registered in the land registry under the Land Act 1994 as the holder of a lease from the State under that Act or the repealed Land Act 1962 for the land.
registrar, for part 6, division 8, see section 153A.
regulated development means development identified in an approved development scheme for a State development area as SDA assessable development or SDA self-assessable development.
reinstatement request, for part 4A, see section 54ZJA(2).
relevant application, for part 4, division 4, see section 36(b).
relevant law, for part 5A, see section 76D.
relevant local government—
(a)for a project, for part 4, see section 24; or
(b)for a prescribed decision, for part 5A, see section 76D.
relevant public utility easement, for part 6, division 8, see section 153A.
responsible entity, for a change application for a development approval, means the entity that is the responsible entity for the application for the Planning Act.
revised draft EIS see section 34B(2)(d).
revised draft IAR see section 34J(2)(c).
right line tidal boundary has the same meaning as in the Land Act 1994.
road means—
(a)an area of land dedicated to public use as a road; or
(b)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
(c)a bridge, culvert, ferry, ford, tunnel or viaduct; or
(d)a pedestrian or bicycle path; or
(e)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d); or
(f)a road under the Land Act 1994.
SDA application means an application for an SDA approval.
SDA approval means a decision notice that approves, wholly or partly, development applied for in an SDA application (whether or not the approval has conditions attached to it).
SDA assessable development means development that a relevant approved development scheme provides is SDA assessable development.
SDA self-assessable development means development that a relevant approved development scheme provides is SDA self-assessable development.
secretary ...
significant project ...
specified provision, for part 4A, see section 54I.
State development area means a part of the State or of an area over which the State claims jurisdiction, delineated on a plan, and declared under this Act to be a State development area.
step in notice, for part 5A, see section 76D.
subject land, for part 6, division 7, see section 153AA(2)(c).
submission period, for part 4 or part 4A, see section 33(1)(d).
Sustainable Planning Act ...
tidal boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.
undertake includes to investigate, plan, construct, provide, effect, establish, carry out, maintain, manage and control.
voluntary environmental agreement, for part 5A, see section 76D.
waste ...
water subject to tidal influence, in relation to a boundary, means the water that is relevant to the identification of the boundary as a tidal boundary or right line tidal boundary.
wild river area ...
wild river declaration ...
within the scope of the bilateral agreement, for a coordinated project, for part 4A, see section 54H(3).
works means, other than for section 85, the whole and every part of any work, project, service, utility, undertaking or function—
(a)that the Crown, the Coordinator-General or other person or body who represents the Crown, or any local body is or may be authorised under any Act to undertake; or
(b)that is or has been (before or after the date of commencement of this Act) undertaken by the Crown, the Coordinator-General or other person or body who represents the Crown, or any local body under any Act; or
(c)that is included or is proposed to be included by the Coordinator-General as works in a program of works, or that is classified by the holder of the office of Coordinator-General as works.
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