Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 (Qld)

Queensland Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Act No. 36 of 2014

Queensland Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of Sustainable Planning Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Replacement of ch 3, pt 2, div 4, hdg. . . . . . . . . . . . . . . . . . . . . . 16 Division 4 Provisions about reviewing planning schemes generally Subdivision 1 Reviewing planning schemes Insertion of new ch 3, pt 2, div 4, sdiv 2 . . . . . . . . . . . . . . . . . . . . 17 Subdivision 2 LGIP review 94A Requirement to review LGIP . . . . . . . . . . . . . . . . . . . 17 Amendment of s 117 (Process for making or amending local planning instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 335 (Content of decision notice) . . . . . . . . . . . . 18 Amendment of s 347 (Conditions that can not be imposed) . . . . 18 Replacement of s 478 (Appeals about particular charges for infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 478 Appeals about infrastructure charges notice . . . . . . . 19 478A Appeals against refusal of conversion application . . . 20 Replacement of ss 502–504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 502 Committee membership . . . . . . . . . . . . . . . . . . . . . . . 21 503 Membership continuity for proceeding . . . . . . . . . . . . 21 Amendment of s 505 (Referee with conflict of interest not to be member of committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Replacement of s 535 (Appeals about charges for infrastructure) 22

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 535 Appeals about infrastructure charges decisions. . . . . 22 535A Appeals against refusal of conversion application . . . 23 13 Replacement of s 554 (Establishing a building and development committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 554 Action when committee proceeding starts . . . . . . . . . 24 554A Power of chief executive to excuse irregularities . . . . 25 554B Power to end committee proceeding or establish new committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 14 Insertion of new s 569A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 569A Power to refund fees for committee proceeding ended by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 15 Amendment of s 570 (Appointment of referees). . . . . . . . . . . . . . 28 16 Replacement of s 572 (Term of referee’s appointment) . . . . . . . . 28 572 Term of referee’s appointment . . . . . . . . . . . . . . . . . . 28 17 Amendment of s 573 (General referee to make declaration) . . . . 29 18 Replacement of ch 8 (Infrastructure) . . . . . . . . . . . . . . . . . . . . . . 29 Chapter 8 Infrastructure Part 1 Preliminary 625 Simplified outline of chapter . . . . . . . . . . . . . . . . . . . . 29 626 Extension of chapter to permissible changes, extension approvals and compliance assessment . . . . . . . . . . . 30 627 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 628 References in ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Part 2 Provisions for local governments Division 1 Charges for trunk infrastructure Subdivision 1 Power to adopt charges 629 State planning regulatory provision governing charges 40 630 Power to adopt charges by resolution . . . . . . . . . . . . 41 Subdivision 2 Charges resolutions 631 Contents—general . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 632 Provisions for participating local governments and distributor-retailers . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 633 Working out cost of infrastructure for offset or refund 44 633A Criteria for deciding conversion application . . . . . . . . 44 634 Steps after making charges resolution . . . . . . . . . . . . 45 Subdivision 3 Levying charges 635 When charge may be levied and recovered . . . . . . . . 45 Page 2 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 636 Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . 637 Requirements for infrastructure charges notice . . . . . Subdivision 4 Payment 638 Payment triggers generally . . . . . . . . . . . . . . . . . . . . . 639 Agreements about payment or provision instead of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Changing charges during relevant appeal period 640 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 641 Submissions for infrastructure charges notice . . . . . . 642 Consideration of submissions . . . . . . . . . . . . . . . . . . 643 Decision about submissions. . . . . . . . . . . . . . . . . . . . 644 Suspension of relevant appeal period . . . . . . . . . . . . Division 2 Development approval conditions about trunk infrastructure Subdivision 1 Conditions for necessary trunk infrastructure 645 Application and operation of sdiv 1 . . . . . . . . . . . . . . 646 Necessary infrastructure condition for LGIP-identified infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 Necessary infrastructure condition for other infrastructure ........................... 648 Deemed compliance with necessary or reasonable requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 649 Offset or refund requirements . . . . . . . . . . . . . . . . . . Subdivision 2 Conditions for additional trunk infrastructure costs 650 Power to impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651 Content of additional payment condition . . . . . . . . . . 652 Restriction if development completely in PIA . . . . . . . 653 Other area restrictions . . . . . . . . . . . . . . . . . . . . . . . . 654 Refund if development in PIA . . . . . . . . . . . . . . . . . . . 655 Refund if development approval ceases. . . . . . . . . . . 656 Additional payment condition does not affect other powers ............................... Subdivision 3 Working out cost for required offset or refunds 657 Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Miscellaneous provisions about trunk infrastructure 47 48 49 49 50 50 50 50 51 52 52 53 53 54 55 56 57 58 59 59 60 60 2014 Act No. 36 Page 3

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 18A 18B Page 4 Subdivision 1 Conversion of particular non-trunk infrastructure before construction starts 658 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 61 659 Application to convert infrastructure to trunk infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . 62 660 Deciding conversion application . . . . . . . . . . . . . . . . . 62 661 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 662 Effect of and action after conversion . . . . . . . . . . . . . 63 Subdivision 2 Other provisions 663 Financial provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 64 664 Levied charge taken to be rates . . . . . . . . . . . . . . . . . 65 Division 4 Non-trunk infrastructure 665 Conditions local governments may impose . . . . . . . . 65 Part 3 Provisions for State infrastructure providers 666 Power to impose conditions about infrastructure . . . . 66 667 Content requirements for condition . . . . . . . . . . . . . . 67 668 Refund if State-related condition ceases . . . . . . . . . . 68 669 Reimbursement by local government for replacement infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Part 4 Infrastructure agreements 670 Infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . 69 671 Obligation to negotiate in good faith . . . . . . . . . . . . . . 70 672 Content of infrastructure agreement. . . . . . . . . . . . . . 70 673 Copy of infrastructure agreement to be given to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 673A Copy of particular infrastructure agreements to be given to distributor-retailers . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 674 When infrastructure agreement binds successors in title 72 675 Exercise of discretion unaffected by infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 676 Infrastructure agreement prevails over approval and charges notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 677 Agreement for infrastructure partnerships . . . . . . . . . 73 Part 5 Miscellaneous 678 Sale of particular local government land held on trust 74 679 Conditions about non-trunk infrastructure if no LGIP etc. 75 Amendment of ch 10, pt 9, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Insertion of new ss 959A to 959I . . . . . . . . . . . . . . . . . . . . . . . . . 75 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 959A Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 959B Distributor-retailer or participating local government continues as concurrence agency for existing applications76 959C Related applications . . . . . . . . . . . . . . . . . . . . . . . . . . 77 959D Existing staged development approvals . . . . . . . . . . . 78 959E Other development approvals. . . . . . . . . . . . . . . . . . . 79 959F Existing compliance assessments . . . . . . . . . . . . . . . 80 959G Infrastructure charges notices continue in effect etc. . 80 959H Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . 81 959I Existing land transfer agreements or requirements in lieu of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 18C Amendment of s 960 (Transitional regulation-making power) . . . 82 19 Insertion of new ch 10, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Part 11 Savings and transitional provisions for SustainablePlanning(InfrastructureCharges)andOtherLegislationAmendmentAct2014 Division 1 Purpose of part and definitions 974 Purpose of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 975 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 2 Saving provisions 976 Deferment of LGIP requirement for existing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 976A Preparing and making PIP under unamended Act . . . 84 976B Existing development approvals . . . . . . . . . . . . . . . . . 85 977 Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 978 Existing charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 979 Charges resolutions until 1 July 2016 . . . . . . . . . . . . 86 980 Existing land transfer requirements in lieu of charge . 88 981 Undecided appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 3 Transitional provisions 982 PIP to LGIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 983 Existing SPRP for adopted charges . . . . . . . . . . . . . . 90 984 Existing application for development approval . . . . . . 90 985 Existing agreements under s 648G . . . . . . . . . . . . . . 91 986 Infrastructure charges register . . . . . . . . . . . . . . . . . . 91 987 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . 91 988 Consequential provisions . . . . . . . . . . . . . . . . . . . . . . 92 2014 Act No. 36 Page 5

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 20 Part 3 Division 1 21 22 22A 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Page 6 Division 4 Other provisions 989 Regulated infrastructure charges schedule . . . . . . . . 92 990 Transitional regulation-making power . . . . . . . . . . . . . 92 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 93 Amendment of other Acts South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Amendment of s 99BOB (Charges schedules for distributor-retailers) 97 Amendment of s 99BRAF (Applying for water approval) . . . . . . . 97 Amendment of s 99BRAG (Decision generally) . . . . . . . . . . . . . . 98 Amendment of s 99BRAI (Decision notice) . . . . . . . . . . . . . . . . . 98 Amendment of s 99BRAJ (Water approval conditions must be relevant and reasonable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Amendment of s 99BRAK (Power to amend) . . . . . . . . . . . . . . . . 99 Insertion of new s 99BRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 99BRAM Water infrastructure agreement terms become water approval conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Amendment of s 99BRAT (Assessment of connections, water approvals and works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Amendment of s 99BRAU (Requests for standard connections) . 100 Amendment of s 99BRAW (Meaning of interested person and original decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Replacement of s 99BRAX (Meaning of standard appeal period) 102 99BRAX Other definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . 102 Amendment of s 99BRBA (Requirements for making internal review application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Amendment of s 99BRBC (Notice of review decision) . . . . . . . . . 103 Amendment of s 99BRBD (Internal review stops particular actions) 103 Amendment of ch 4C, pt 4, div 3, hdg and s 99BRBE . . . . . . . . . 103 Amendment of s 99BRBF (Appeals about applications for connections—particular charges). . . . . . . . . . . . . . . . . . . . . . . . . 103 Insertion of new s 99BRBFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 99BRBFA Appeals against refusal of conversion application . . . 105 Amendment of s 99BRBG (Application of relevant committee appeal provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 99BRBK (Registrar must ask distributor-retailer for material in particular proceedings) . . . . . . . . . . . . . . . . . . . . . 106 Amendment of s 99BRBL (Lodging appeal stops particular actions) 106 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 41 Amendment of s 99BRBO (Appeals about applications for connections—particular charges). . . . . . . . . . . . . . . . . . . . . . . . . 106 42 Insertion of new s 99BRBOA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 99BRBOA Appeals against refusal of conversion application . . . 108 43 Amendment of s 99BRBV (Lodging appeal stops particular actions) 108 44 Renumbering of ss 99BRDD and 99BRDE . . . . . . . . . . . . . . . . . 108 45 Insertion of new ch 4C, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Part 7 Water infrastructure Division 1 Preliminary 99BRCC Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 2 Infrastructure charges schedule 99BRCD Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 99BRCE Schedule of charges to be adopted . . . . . . . . . . . . . . 111 Division 3 Charges for trunk infrastructure Subdivision 1 Power to adopt charges 99BRCF Power to adopt charges by board decision. . . . . . . . . 112 Subdivision 2 Board decision 99BRCG Matters for board decision . . . . . . . . . . . . . . . . . . . . . 113 99BRCH Working out cost of infrastructure for offset or refund 114 99BRCHA Criteria for deciding conversion application . . . . . . . . 115 Subdivision 3 Levying charges 99BRCI When charge may be levied and recovered . . . . . . . . 115 99BRCJ Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . 116 99BRCK Requirements for infrastructure charges notice . . . . . 118 Subdivision 4 Payment 99BRCL Payment triggers generally . . . . . . . . . . . . . . . . . . . . . 118 99BRCM Agreements about payment or provision instead of payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Subdivision 5 Changing charges 99BRCN Application of Planning Act, ch 8, pt 2, div 1, sdiv 5. . 119 Subdivision 6 Miscellaneous 99BRCO Distributor-retailer may supply different trunk infrastructure from that identified in a water netserv plan 120 Division 4 Water approval conditions about trunk infrastructure Subdivision 1 Conditions for necessary trunk infrastructure 99BRCP Application and operation of sdiv 1 . . . . . . . . . . . . . . 121 2014 Act No. 36 Page 7

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents Page 8 99BRCQ Necessary infrastructure condition for infrastructure identified in water netserv plan. . . . . . . . . . . . . . . . . . 99BRCR Necessary infrastructure condition for other infrastructure .......................... 99BRCS Deemed compliance with reasonable or relevant requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BRCT Offset or refund requirements . . . . . . . . . . . . . . . . . . Subdivision 2 Conditions for additional trunk infrastructure costs 99BRCU Power to impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BRCV Content of additional payment condition . . . . . . . . . . 99BRCW Restriction if connection completely in connection area and future connection area . . . . . . . . . . . . . . . . 99BRCX Other area restrictions . . . . . . . . . . . . . . . . . . . . . . . . 99BRCY Refund if connection in connection area and future connection area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BRCZ Refund if water approval ceases . . . . . . . . . . . . . . . . 99BRDA Additional payment condition does not affect other powers ................................ Subdivision 3 Miscellaneous provisions 99BRDB No conditions on State infrastructure suppliers . . . . . 99BRDC Working out cost for required offset or refund . . . . . . Division 5 Miscellaneous provisions about trunk infrastructure Subdivision 1 Conversion of particular non-trunk infrastructure before construction starts 99BRDD Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 99BRDE Application to convert infrastructure to trunk infrastructure .......................... 99BRDF Deciding conversion application . . . . . . . . . . . . . . . . . 99BRDG Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BRDH Effect of and action after conversion . . . . . . . . . . . . . Subdivision 2 Other provisions 99BRDI Application of levied charge . . . . . . . . . . . . . . . . . . . . Division 6 Non-trunk infrastructure 99BRDJ Conditions distributor-retailers may impose . . . . . . . . Division 7 Water infrastructure agreements 99BRDK Water infrastructure agreement . . . . . . . . . . . . . . . . . 99BRDL Obligation to negotiate in good faith . . . . . . . . . . . . . . 121 122 122 123 124 125 126 127 127 128 128 129 129 130 130 131 132 132 133 133 134 134 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 46 47 47A 48 49 Division 2 50 51 52 99BRDM Content of water infrastructure agreement . . . . . . . . . 135 99BRDMA Copy of water infrastructure agreement to be given to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 99BRDN When water infrastructure agreement binds successors in title . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 99BRDO Water infrastructure agreement prevails over water approval and infrastructure charges notice . . . . . . . . 137 99BRDP Agreement for infrastructure partnerships . . . . . . . . . 137 Amendment of s 99BT (Keeping particular documents available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Amendment of s 140 (Schedule of works for distributor-retailers before 1 October 2014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Insertion of new ch 6, pt 9, divs 2 and 3. . . . . . . . . . . . . . . . . . . . 138 Division 2 Provisions about delegations 132 Delegations for concurrence agency functions. . . . . . 138 133 Delegations related to functions under the Planning Act, ch 9, pt 7A, div 4 continue. . . . . . . . . . . . . . . . . . . . . . . . 139 134 Delegation of functions under the Planning Act, ch 9, pt 7A, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 3 Provisions about development approvals 135 Water connection aspect of development approvals under the PlanningAct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Insertion of new ch 6, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Part 10 Transitional provisions for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 140B Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 141 140C Development application for development approval—distributor-retailers . . . . . . . . . . . . . . . . . . 141 140D Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 140E Power to give infrastructure charges notice for particular existing development approvals . . . . . . . . . . . . . . . . . 144 140F Adopted infrastructure charges at commencement continue in effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 141 Transitional regulation-making power . . . . . . . . . . . . . 145 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 146 StateDevelopmentandPublicWorksOrganisationAct1971 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Amendment of s 24 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 150 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 2014 Act No. 36 Page 9

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents Page 10 Part 4A Assessment and approval of particular coordinated projects under bilateral agreement Division 1 Preliminary 54H Application and purpose of pt 4A . . . . . . . . . . . . . . . . 54I Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Coordinated projects to be assessed under this part 54J Declaration for coordinated project for this part . . . . . 54K Application for declaration . . . . . . . . . . . . . . . . . . . . . 54L Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 54M Cancellation of declaration . . . . . . . . . . . . . . . . . . . . . 54N Lapsing of declaration . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Assessment and approval process 54O Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 54P Preparation of draft protected matters report . . . . . . . 54Q Public notification of draft protected matters report . . 54R Proponent must finalise protected matters report after public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54S Coordinator-General may seek further information or comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54T Decision about approving undertaking of coordinated project ................................ 54U Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54V Jurisdiction for conditions . . . . . . . . . . . . . . . . . . . . . . 54W Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 54X Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54Y Issuing environmental approval . . . . . . . . . . . . . . . . . Division 4 Amendment of environmental approval 54Z Application for amendment. . . . . . . . . . . . . . . . . . . . . 54ZA Coordinator-General may seek further information or comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54ZB Public notification of amendment application . . . . . . . 54ZC Deciding amendment application . . . . . . . . . . . . . . . . 54ZD Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54ZE Issuing amended environmental approval . . . . . . . . . Division 5 Cancelling or suspending environmental approval 54ZF Cancellation or suspension at proponent’s request . . 151 152 155 156 156 157 158 158 158 159 160 160 161 162 163 163 165 165 165 166 167 168 169 169 170 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 52A 52B 53 54 55 Part 3A Division 1 55A 55B 55C 55D 54ZG Cancellation or suspension for grounds including contravention or unforeseen significant impact . . . . . 170 54ZH Notice of proposed cancellation or suspension . . . . . 172 54ZI Notice of cancellation or suspension decision . . . . . . 172 54ZJ Issuing amended environmental approval . . . . . . . . . 173 54ZJA Request to reinstate cancelled or suspended environmental approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 54ZJB Coordinator-General may request information about reinstatement request. . . . . . . . . . . . . . . . . . . . . . . . . 174 54ZJC Deciding reinstatement request . . . . . . . . . . . . . . . . . 175 Division 6 Offences and compliance 54ZK Failure to comply with environmental approval or conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 54ZL Compliance under EnvironmentalProtectionAct . . . . 176 54ZM Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Division 7 Miscellaneous 54ZN Fees for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 54ZO Recovering the cost of advice or services for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Amendment of s 157A (What is an enforceable condition) . . . . . 179 Amendment of s 157P (Executive officer must ensure corporation does not commit particular offences) . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Amendment of s 173 (Regulation-making power) . . . . . . . . . . . . 179 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Division 6 Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 195 Particular coordinated projects publicly notified under pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 180 Amendment of local government legislation CityofBrisbaneAct2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Amendment of s 96 (Power to levy rates and charges) . . . . . . . . 183 Amendment of ch 8 hdg (Repeal, transitional and savings provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Insertion of new ch 8, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Part 6 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 2014 Act No. 36 Page 11

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents Division 2 55E 55F 55G 55H Part 3B Division 1 55I 55J 55K 55L 55M 55N 55O 55P 55Q 55R 55S 55T 55U 55V 55W Division 2 55X 55Y 269 Validation of rates charged . . . . . . . . . . . . . . . . . . . . . 184 Local Government Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Amendment of s 94 (Power to levy rates and charges) . . . . . . . . 184 Amendment of ch 9 hdg (Other transitional provisions) . . . . . . . . 184 Insertion of new ch 9, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Part 8 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 307 Validation of rates charged . . . . . . . . . . . . . . . . . . . . . 185 Amendment of industrial relations legislation IndustrialRelationsAct1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Amendment of s 71OG (Right of entry) . . . . . . . . . . . . . . . . . . . . 185 Amendment of s 353 (Entry to places) . . . . . . . . . . . . . . . . . . . . . 186 Amendment of s 356 (Power to require information) . . . . . . . . . . 186 Omission of ch 12, pt 12, div 1B, hdg and sdiv 1, hdg . . . . . . . . . 186 Omission of s 553C (Division does not apply to organisations with local government members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Relocation of s 553D (When does an organisation spend money for a political purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Omission of s 553DA (When an entity is an associated entity of another entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Amendment of section 553E (Other definitions for div 1B). . . . . . 187 Omission of ch 12, pt 12, div 1B, sdivs 2–4 . . . . . . . . . . . . . . . . . 187 Amendment of s 557B (Register of political spending) . . . . . . . . 187 Amendment of s 557S (Spending for political purposes) . . . . . . . 187 Amendment of s 560 (Requirements for audit report) . . . . . . . . . 187 Insertion of new ch 20, pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Part 19 Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 838 Matters relating to expenditure ballots . . . . . . . . . . . . 188 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 189 IndustrialRelationsRegulation2011 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Omission of pt 12, div 2 (Expenditure ballots for spending for political purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Page 12 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Contents 55Z Part 4 56 Schedule 1 Omission of sch 2C (Rules for conduct of expenditure ballot) . . . Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments . . . . . . . . . . . . . . . . . . South-East Queensland Water (Distribution and RetailRestructuring) Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 190 190 191 191 191 2014 Act No. 36 Page 13

Queensland Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Act No. 36 of 2014 An Act to amend the Sustainable Planning Act 2009 for particular purposes, to amend the South-East Queensland Water (Distribution and RetailRestructuring) Act 2009 and the State Development and Public WorksOrganisation Act 1971 for other particular purposes, to amend the City ofBrisbane Act 2010 and the Local Government Act 2009 for other particular purposes and to amend the Industrial Relations Act 1999 and IndustrialRelations Regulation 2011 for other particular purposes [Assented to 19 June 2014]

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 . 2 Commencement This Act, other than part 3, division 2 and part 3A, commences on a day to be fixed by proclamation. Part 2 Amendment of Sustainable Planning Act 2009 3 Act amended This part amends the Sustainable Planning Act 2009 . Note — See also the amendments in schedule 1. 4 Replacement of ch 3, pt 2, div 4, hdg Chapter 3, part 2, division 4, heading— omit, insert— Page 16 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 5] Division 4 Provisions about reviewing planning schemes generally Subdivision 1 Reviewing planning schemes 5 Insertion of new ch 3, pt 2, div 4, sdiv 2 After section 94— insert — Subdivision 2 LGIP review 94A Requirement to review LGIP (1) Each local government must complete a review of any LGIP included in its planning scheme (an LGIP review ) within— (a) 5 years after the LGIP was included in the planning scheme; and (b) each subsequent 5-year period after completing the review under paragraph (a). (2) In conducting an LGIP review, the local government must follow the process stated in a guideline— (a) made by the Minister; and (b) prescribed by regulation. (3) An LGIP review is not a review for the purposes of a review under subdivision 1. 6 Amendment of s 117 (Process for making or amending local planning instruments) (1) Section 117, heading, after ‘for’— insert— 2014 Act No. 36 Page 17

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 7] preparing, (2) Section 117(2)— renumber as section 117(3). (3) Section 117— insert — (2) Without limiting the application of subsection (1) in relation to an LGIP, an LGIP or an amendment of an LGIP must be prepared as required under a guideline— (a) made by the Minister; and (b) prescribed by regulation. 7 Amendment of s 335 (Content of decision notice) Section 335(1)(e)— insert — (iii) for each condition about infrastructure imposed under chapter 8—the provision under which the condition was imposed; 8 Amendment of s 347 (Conditions that can not be imposed) (1) Section 347(1)(b)— omit, insert — (b) other than under chapter 8, part 2 or 3— require a monetary payment for the establishment, operating or maintenance costs of, or works to be carried out— (i) for development infrastructure; or (ii) for the imposition of a condition by a State infrastructure provider— infrastructure or works to protect or Page 18 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 9] maintain the infrastructure operation; or Note — Chapter 8, parts 2 and 3 deal with infrastructure conditions. (2) Section 347(1)— insert — (f) require a person to enter into an infrastructure agreement. (3) Section 347(2) and (3)— omit. 9 Replacement of s 478 (Appeals about particular charges for infrastructure) Section 478— omit, insert — 478 Appeals about infrastructure charges notice (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds— (a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it; (b) the decision involved an error relating to— (i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund; 2014 Act No. 36 Page 19

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 9] (c) there was no decision about an offset or refund; Examples of possible errors in applying an adopted charge — • the incorrect application of gross floor area for a non-residential development • applying an incorrect ‘use category’ under an SPRP (adopted charges) to the development (d) if the infrastructure charges notice states a refund will be given—the timing for giving the refund. (3) To remove any doubt, it is declared that the appeal must not be about— (a) the adopted charge itself; or (b) for a decision about an offset or refund— (i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution. (4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice. Page 20 478A Appeals against refusal of conversion application (1) The applicant for a conversion application may appeal to the court against a refusal, or deemed refusal, of the application. (2) The appeal must be started within the following period— (a) if the applicant is given written notice of the refusal—20 business days after the day the applicant is given the notice; 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 10] (b) otherwise—20 business days after the end of the required period under section 660(5) for the application. 10 Replacement of ss 502–504 Sections 502 to 504— omit, insert — 502 Committee membership (1) A building and development committee must not consist of more than 5 members. Note — For the establishment of a building and development committee and the appointment of its chairperson, see section 554. (2) If the committee is to hear only an appeal about a referral agency’s response concerning the amenity and aesthetic impact of a building or structure, its chairperson must be an architect. (3) If the committee is to hear only an appeal about an infrastructure charges notice or a conversion application, its chairperson must be a lawyer. 503 Membership continuity for proceeding After a building and development committee is established for a committee proceeding, its membership must not be changed, except under section 554B. 11 Amendment of s 505 (Referee with conflict of interest not to be member of committee) (1) Section 505(2)— renumber as section 505(3). (2) Section 505— 2014 Act No. 36 Page 21

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 12] insert — (2) However, subsection (1) does not apply to a referee merely because the referee previously acted in relation to the preparation of a relevant local planning instrument. 12 Replacement of s 535 (Appeals about charges for infrastructure) Section 535— omit, insert — 535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds— (a) the decision involved an error relating to— (i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund; (b) there was no decision about an offset or refund; Examples of possible errors in applying an adopted charge — • the incorrect application of gross floor area for a non-residential development • applying an incorrect ‘use category’ under an SPRP (adopted charges) to the development Page 22 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 12] (c) if the infrastructure charges notice states a refund will be given—the timing for giving the refund. (3) To remove any doubt, it is declared that the appeal must not be about— (a) the adopted charge itself; or (b) for a decision about an offset or refund— (i) the establishment cost of infrastructure in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution. (4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice. 535A Appeals against refusal of conversion application (1) The applicant for a conversion application may appeal to a building and development committee against a refusal, or deemed refusal, of the application. (2) The appeal must be started within the following period— (a) if the applicant is given written notice of the refusal—20 business days after the day the applicant is given the notice; (b) otherwise—20 business days after the end of the required period under section 660(5) for the application. 2014 Act No. 36 Page 23

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 13] 13 Replacement of s 554 (Establishing a building and development committee) Section 554— omit, insert — 554 Action when committee proceeding starts (1) This section applies when the registrar of building and development committees receives a document starting a committee proceeding within the period required under this Act and accompanied by the prescribed fee. (2) The chief executive must— (a) establish a building and development dispute resolution committee for the proceeding; and (b) subject to section 502(2) and (3)—appoint 1 of the referees as the committee’s chairperson. (3) If a building and development committee is established, the registrar must give each party to the proceeding written notice of the establishment. (4) Despite subsection (2), the chief executive may decide to end the committee proceeding without establishing a building and development committee if satisfied it is not reasonably practicable to do so. Note — See section 554B(2)(b), for examples of when it is not reasonably practicable. (5) The chief executive must give all parties to the committee proceeding written notice of the decision to end the proceeding. (5A) A notice under subsection (5) must state— Page 24 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 13] (a) that the person who started the ended proceeding may commence proceedings in the court; and (b) how the court proceedings may be commenced. (6) Despite another provision of this Act, a court appeal period for the matter the subject of the ended proceeding only begins when the person who started the ended proceeding is given a notice under subsection (5). 554A Power of chief executive to excuse irregularities (1) This section applies if— (a) the registrar of building and development committees receives a document purporting to start a committee proceeding, accompanied by the prescribed fee; and (b) either of the following applies (the noncompliance ) — (i) the document was not lodged within the period required under this Act; (ii) the document does not otherwise comply with requirements under this Act for validly starting a proceeding of that type. (2) The registrar must, in writing, refer the document to the chief executive together with the registrar’s reasons for deciding there is a noncompliance. (3) The chief executive must— (a) consider the document and the noncompliance and decide whether the noncompliance would cause substantial 2014 Act No. 36 Page 25

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 13] injustice to anyone who would be a party to the committee proceeding; and (b) give written notice to the registrar about the decision. Example of no substantial injustice — A notice of appeal contains an incorrect real property description of the land the subject of the appeal, but an attached supporting document contains the correct one. (4) If the chief executive decides the noncompliance would cause substantial injustice, the registrar must give the person who lodged the document a written notice stating that the document is of no effect because of the noncompliance. (5) If the chief executive does not decide the noncompliance would cause any substantial injustice, the chief executive may act under section 554 as if the noncompliance had not happened. Page 26 554B Power to end committee proceeding or establish new committee (1) This section applies if the chief executive is satisfied the building and development committee established for a committee proceeding— (a) does not have the expertise to hear or decide the proceeding; or (b) is not able to make a decision for a proceeding. (2) The chief executive may— (a) suspend the proceeding and establish another building and development dispute resolution committee to re-hear the proceeding; or 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 14] (b) if satisfied it is not reasonably practicable to establish another building and development dispute resolution committee—decide to end the committee proceeding. Examples of when it is not reasonably practicable — • if there are no general referees or insufficient general referees appointed under section 571, who are not disqualified under section 505(3) • if the referees who are available will not be able to decide the proceeding in a timely way (3) The chief executive must give all parties to the committee proceeding written notice of an action taken or decision made under subsection (2). (4) Subsections (5) and (6) apply if the chief executive decides to end the committee proceeding. (5) The notice under subsection (3) must state— (a) that the person who started the ended proceeding may commence proceedings in the court; and (b) how the court proceedings may be commenced. (6) Despite another provision of this Act, a court appeal period for the matter the subject of the ended proceeding starts again when the person who started the ended proceeding is given a notice under subsection (3). 14 Insertion of new s 569A Chapter 7, part 2, division 9— insert — 2014 Act No. 36 Page 27

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 15] 569A Power to refund fees for committee proceeding ended by chief executive If, under section 554(4) or 554B(2)(b), the chief executive ends a committee proceeding, the chief executive may, but need not, refund the fee paid to start the proceeding. 15 Amendment of s 570 (Appointment of referees) Section 570(2)— omit, insert — (2) Also, the chief executive may, by written notice, appoint other persons to be referees if satisfied each person has the qualifications, experience or qualifications and experience to be a referee. 16 Replacement of s 572 (Term of referee’s appointment) Section 572— omit, insert — 572 Term of referee’s appointment (1) A person may be appointed— (a) as a general referee—for the term the Minister considers appropriate, but the term must not be longer than 3 years; and (b) as a referee appointed by the chief executive—for the term the chief executive considers appropriate, but the term must not be longer than 3 years. (2) The term of appointment as mentioned in subsection (1) must be stated in the notice of appointment. (3) A referee may be reappointed. (4) A referee may, at any time, resign the referee’s appointment by signed notice given to— Page 28 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 17] (a) if the Minister appointed the referee—the Minister; or (b) if the chief executive appointed the referee—the chief executive. (5) An appointment may be cancelled at any time by— (a) if the referee is a general referee—the Minister; or (b) otherwise—the chief executive. 17 Amendment of s 573 (General referee to make declaration) (1) Section 573, heading, ‘ General referee ’— omit, insert — Referee (2) Section 573(1), ‘general’— omit . 18 Replacement of ch 8 (Infrastructure) Chapter 8— omit, insert — Chapter 8 Infrastructure Part 1 Preliminary 625 Simplified outline of chapter (1) Part 1, other than this section, states interpretative provisions. (2) Part 2— 2014 Act No. 36 Page 29

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (a) authorises local governments to do the following for development approvals— (i) for trunk infrastructure, either or both of the following— (A) adopt, by resolution, charges for development infrastructure and levy charges in accordance with the resolution; (B) impose particular conditions about development infrastructure; (ii) for non-trunk infrastructure, impose particular conditions about development infrastructure; and (b) provides for a State planning regulatory provision to govern local government adopted charges and charges by distributor-retailers under the SEQ Water Act for trunk infrastructure. (3) Part 3 authorises State infrastructure providers to impose particular conditions on development approvals about infrastructure. (4) Part 4 provides for agreements between public sector entities and others about infrastructure. (5) Part 5 contains miscellaneous provisions. Page 30 626 Extension of chapter to permissible changes, extension approvals and compliance assessment (1) A reference in a provision of this chapter to a person or matter as follows (the subject ) includes a reference to the other person or matter stated for the subject— (a) for a development application— (i) a change request; and 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (ii) a request (an extension request ) under section 383 to extend the period of a development approval; and (iii) a request for compliance assessment for development; (b) for the applicant for a development approval—a person making a change request, an extension request or a request for compliance assessment for development; (c) for a development approval—an approval of a change request or an extension request, or a compliance permit; (d) for the giving of a development approval—the giving of a change approval, an extension approval or a compliance permit. (2) The inclusions apply to both general and specific references and with necessary changes for them to apply for change requests, extension requests and compliance assessment. (3) In applying this chapter to a change approval or an extension approval, parts 2 and 3 apply as if— (a) the power to give infrastructure charges notices were instead a power to amend, by notice to the applicant for the approval, any infrastructure charges notice for the relevant development approval; and (b) a reference to an infrastructure charges notice were a reference to the infrastructure charges notice as so amended; and (c) a reference to the giving of a development approval were a reference to the giving of the change approval or extension approval; and 2014 Act No. 36 Page 31

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (d) a power to impose a particular condition on a development approval were a power to amend the development approval the subject of the change request or extension request to impose the particular condition, as well as the power to impose under section 375; and (e) a reference to a development approval, or to a condition of a development approval, were a reference to the relevant development approval as so amended or the condition. (3A) However, despite subsection (3)(a), a local government may only amend an infrastructure charges notice for a relevant development approval for a change approval or an extension approval if the amendment relates to the change to, or extension of, the development approval. (4) In this section— change approval means the approval under section 375(1) of a change request. change request means a request under section 369(1) to change a development approval. extension approval means the approval, under section 387(1), of an extension request. relevant development approval means— (a) for a change approval—the development approval changed under the change approval; or (b) for an extension approval—the development approval to which the extension approval relates. Page 32 627 Definitions for ch 8 In this chapter— additional payment condition see section 650(1) . 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] 2014 Act No. 36 adopted charge see section 630(1). agreement means an agreement in writing. automatic increase provision see section 631(3)(b). charges breakup means the proportion of the maximum adopted charges under this chapter and under the SEQ Water Act as between— (a) the local government; and (b) a distributor-retailer of the local government. charges resolution see section 630(1). conversion application see section 659(1). development infrastructure means— (a) land or works, or both land and works, for— (i) water cycle management infrastructure, including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of waters and flood mitigation, but not water cycle management infrastructure that is State infrastructure; or (ii) transport infrastructure, including roads, vehicle lay-bys, traffic control devices, dedicated public transport corridors, public parking facilities predominantly serving a local area, cycle ways, pathways and ferry terminals; or (iii) public parks infrastructure, including playground equipment, playing fields, courts and picnic facilities; or (b) land, and works that ensure the land is suitable for development, for local Page 33

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] Page 34 community facilities, including, for example, the following— (i) community halls or centres; (ii) public recreation centres; (iii) public libraries. establishment cost , for a provision about trunk infrastructure, means the following— (a) for existing infrastructure— (i) the current replacement cost of the infrastructure as reflected in the relevant local government’s asset register; and (ii) the current value of the land acquired for the infrastructure; (b) for future infrastructure—all costs of land acquisition, financing, and design and construction, for the infrastructure. impose , for a provision about a condition of a development approval, includes a concurrence agency requiring the condition to be attached to a development approval. information notice , about a decision, means a notice stating— (a) the decision and the reasons for it; and (b) that its recipient may appeal against the decision; and (c) how the recipient may appeal. Note— For appeals relating to this chapter, see sections 478, 478A, 535 and 535A. infrastructure agreement see section 670. infrastructure charges notice means— 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (a) if paragraphs (b) and (c) do not apply—an infrastructure charges notice given under section 364(2), 635(2) or 662(4)(a); or (b) if, under section 643(1), a negotiated notice within the meaning of that section replaces an existing infrastructure charges notice—the negotiated notice; or (c) if an existing infrastructure charges notice is amended under section 626(3), 657(3) or 662(4)(b)—the notice as amended. levied charge see section 635(6). LGIP (an acronym for local government infrastructure plan) means the part of a local government’s planning scheme that, to the extent applicable, does any or all of the following— (a) identifies the PIA; (b) states assumptions about— (i) population and employment growth; and (ii) the type, scale, location and timing of future development; (c) includes plans for trunk infrastructure; (d) states the desired standard of service for development infrastructure. maximum adopted charge see section 629(5). necessary infrastructure condition see section 645(2). non-rural purposes means purposes other than rural or rural residential purposes. non-trunk infrastructure means development infrastructure other than trunk infrastructure. notice means a notice in writing. 2014 Act No. 36 Page 35

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] Page 36 original notice see section 640. payer , for a provision about a levied charge or for a payment, means anyone who pays part or all of the charge or payment. payment includes a contribution by way of a payment. PIA (an acronym for priority infrastructure area) means an area— (a) used, or approved for use, for non-rural purposes; and (b) serviced, or intended to be serviced, with development infrastructure networks; and (c) that will accommodate at least 10 (but no more than 15) years of growth for non-rural purposes. PPI index means the following— (a) generally—the producer price index for construction 6427.0 (ABS PPI) index number 3101—Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics; (b) if an index described in paragraph (a) ceases to be published—another similar index prescribed by regulation. public sector entity does not include a distributor-retailer. relevant appeal period , for a provision about an infrastructure charges notice, means the period within which its recipient may appeal under section 478 or 535. relevant or reasonable requirements means sections 345 and 406. SPRP (adopted charges) see section 629(5). 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] State infrastructure provider means— (a) the chief executive; or (b) a public sector entity, other than a local government, that provides State infrastructure or administers a regional plan for a designated region. State-related condition see section 666(1). subject premises see section 645(1). submission means written submission. trunk infrastructure , for a provision about a local government, means all of the following— (a) development infrastructure identified in the LGIP as trunk infrastructure; (b) development infrastructure that, because of a conversion application, becomes trunk infrastructure; (c) development infrastructure that is required to be provided under a condition imposed under section 647(2). Note — Until 1 July 2016, identification of trunk infrastructure may also take place by resolution. See, for example, section 979. 628 References in ch 8 (1) A reference in a provision of this chapter to a person or matter as follows (the subject ) is a reference to the other person or matter stated for the subject— (a) for ‘the applicant’— (i) for a provision about a development approval—the applicant for the approval and anyone else in whom the 2014 Act No. 36 Page 37

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] benefit of the application vests from time to time; or (ii) for a charge matter—the applicant for the relevant development approval; (b) for ‘the development’— (i) for a provision about a development approval—the development the subject of the approval; or (ii) for a provision about a condition of a development approval—the development the subject of the development approval of which the condition is a part; or (iii) for a provision about a charge matter—the development the subject of the relevant development approval; (c) for ‘the land’— (i) for a provision about a development approval—the land the subject of the approval; or (ii) for a provision about a levied charge or infrastructure charges notice—the land to which the levied charge, or the levied charge under the notice, attaches; (d) for ‘the premises’— (i) for a provision about a development approval—the land the subject of the approval; or (ii) for a provision about a charge matter—the land the subject of the relevant development approval; (e) for ‘the PIA’— Page 38 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (i) for a provision about a local government—the local government’s PIA; or (ii) for a provision about a development application or condition of a development approval—the relevant local government’s PIA; (f) for ‘the LGIP’— (i) for a provision about a local government—the local government’s LGIP; or (ii) for a provision about a development application or condition of a development approval—the relevant local government’s LGIP. (2) In this section— charge matter means an adopted charge, infrastructure charges notice or levied charge. relevant development approval , for a charge matter, means the development approval to which the matter relates or will relate. 2014 Act No. 36 Page 39

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] Part 2 Provisions for local governments Division 1 Charges for trunk infrastructure Subdivision 1 Power to adopt charges Page 40 629 State planning regulatory provision governing charges (1) A State planning regulatory provision may impose a maximum for each adopted charge— (a) under this chapter in relation to providing trunk infrastructure for development; or (b) under the SEQ Water Act in relation to providing trunk infrastructure. (2) The Minister may, by gazette notice, change the amount of a maximum adopted charge. (3) Any increase under subsection (2) in a maximum adopted charge over a financial year must not be more than an amount equal to the amount of the maximum adopted charge at the start of the financial year multiplied by the 3-year moving average annual percentage increase in the PPI index for the period of 3 years ending at the start of the financial year. (4) The SPRP (adopted charges) may also— (a) provide for the charges breakup; and (b) state development for which there may be an adopted charge under this chapter or land uses for which there may be an adopted charge under the SEQ Water Act for trunk infrastructure; and 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (c) provide for the parameters mentioned in section 633(2). (5) In this section— maximum adopted charge means the maximum for an adopted charge imposed under an SPRP (adopted charges) as mentioned in subsection (1) as the amount of that maximum is changed, from time to time, under subsection (2). SPRP (adopted charges) means a State planning regulatory provision that imposes a maximum for each adopted charge under this chapter. 630 Power to adopt charges by resolution (1) A local government may, by resolution (a charges resolution ), adopt charges (each an adopted charge ) for providing trunk infrastructure for development. (2) However— (a) a charges resolution does not, of itself, levy an infrastructure charge; and (b) the making of a charges resolution is subject to this subdivision and subdivision 2; and (c) an adopted charge must not be for— (i) work or use of land authorised under the Greenhouse Gas Storage Act 2009, the MineralResourcesAct1989 , the PetroleumAct1923 or the PetroleumandGas(ProductionandSafety)Act2004 ; or (ii) development in a priority development area under the Economic DevelopmentAct 2012 . 2014 Act No. 36 Page 41

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (3) A charges resolution must state the day when an adopted charge under the resolution is to take effect. Note — See section 634(2). Subdivision 2 Charges resolutions 631 Contents—general (1) An adopted charge may be made only if it is— (a) permitted under the SPRP (adopted charges); and (b) no more than the maximum adopted charge for providing trunk infrastructure for development. Note — See also section 632(5). (2) There may be different adopted charges for developments in different parts of the local government’s area. (3) Also, a charges resolution may do the following— (a) declare there is no adopted charge for part or all of the relevant local government area; (b) provide for automatic increases in levied charges from when they are levied to when they are paid (an automatic increase provision ). (4) However, an automatic increase provision must state how increases under it are to be worked out. (5) Also, the automatic increase must not be more than the lesser of the following— Page 42 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (a) the difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; (b) the increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average. (6) In this section— 3-yearly PPI index average means the PPI index smoothed in accordance with the 3-year moving average quarterly percentage change between quarters. 632 Provisions for participating local governments and distributor-retailers (1) This section applies to each of the following (the parties )— (a) a local government that, under the SEQ Water Act, is a participating local government for a distributor-retailer; (b) the distributor-retailer. (2) The parties may agree about the charges breakup (a breakup agreement ). (3) A breakup agreement prevails over a charges breakup under the SPRP (adopted charges). (4) A charges resolution of the local government must state the charges breakup for all adopted charges under the resolution. (5) However, the adopted charges must not be more than the proportion of the maximum adopted charges the local government may have under— 2014 Act No. 36 Page 43

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (a) a breakup agreement to which it is a party; or (b) if it is not a party to a breakup agreement—the SPRP (adopted charges). (6) Subsection (7) applies if there is a charges resolution of the local government and the parties later enter into a breakup agreement with a different charges breakup from the resolution. (7) The breakup agreement does not take effect until the later of the following— (a) the local government makes a new charges resolution that reflects the agreement; (b) the distributor-retailer adopts a new infrastructure charge schedule that reflects the agreement. 633 Working out cost of infrastructure for offset or refund (1) For the purpose of working out an offset or refund under this part, a charges resolution must include a method for working out the cost of the infrastructure the subject of the offset or refund. (2) The method must be consistent with the parameters for the purpose provided for under— (a) the SPRP (adopted charges); or (b) if the parameters are not provided for under the SPRP (adopted charges)—a guideline made by the Minister and prescribed by regulation. Page 44 633A Criteria for deciding conversion application (1) A charges resolution must include criteria for deciding a conversion application. 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (2) The criteria must be consistent with parameters for the criteria provided for under a guideline made by the Minister and prescribed by regulation. 634 Steps after making charges resolution (1) On making a charges resolution, a local government must— (a) upload and keep the resolution on its website; and (b) attach the resolution to each copy of its planning scheme that it gives to, or publishes for, others. Note — A charges resolution is not part of a planning scheme even if it is attached to the scheme. (2) The charges under the charges resolution take effect— (a) if the charges resolution is uploaded on the relevant local government website before the beginning of the day stated in the resolution as the day for the charges to take effect—on the day stated in the resolution; or (b) otherwise—on the day the charges resolution is uploaded on the website. Subdivision 3 Levying charges 635 When charge may be levied and recovered (1) This section applies if— (a) a development approval has been given; and 2014 Act No. 36 Page 45

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (b) an adopted charge applies for providing the trunk infrastructure for the development; and (c) section 205 does not apply to the development. (2) The local government must give the applicant an infrastructure charges notice. Note — Under section 364, a local government may give a new infrastructure charges notice for a negotiated decision notice. (3) The local government may give the notice only— (a) generally— (i) if it is the assessment manager—on, or as soon as practicable after, the giving of the development approval; or (ii) if it is a concurrence agency—within 10 business days after it receives a copy of the development approval; or (b) if the development approval is a deemed approval for which a decision notice has not been given—within 20 business days after the local government receives a copy of the deemed approval notice; or (c) if paragraphs (a) and (b) do not apply—within 20 business days after the local government receives a copy of the development approval. (4) Subsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced. Note — See sections 626(3), 643(1), 657(3) and 662(4)(b). Page 46 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (5) The infrastructure charges notice lapses if the development approval stops having effect. (6) If the infrastructure charges notice levies on the applicant an amount for a charge worked out by applying the adopted charge (a levied charge ), the following apply for the levied charge— (a) its amount is subject to sections 636 and 649; (b) it is payable by the applicant; (c) it attaches to the land; (d) it only becomes payable as provided for under subdivision 4; (e) it is subject to any agreement under section 639(1). 636 Limitation of levied charge (1) A levied charge may be only for additional demand placed upon trunk infrastructure that will be generated by the development. (2) In working out additional demand, the demand on trunk infrastructure generated by the following must not be included— (a) an existing use on the premises if the use is lawful and already taking place on the premises; (b) a previous use that is no longer taking place on the premises if the use was lawful at the time it was carried out; (c) other development on the premises if the development may be lawfully carried out without the need for a further development permit. 2014 Act No. 36 Page 47

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (3) However, the demand generated by a use or development mentioned in subsection (2) may be included if an infrastructure requirement that applies or applied to the use or development has not been complied with. (4) In this section— charges notice means— (a) an infrastructure charges notice; or (b) a notice mentioned in section 977(1). infrastructure requirement means a charges notice, or a condition of a development approval, that requires infrastructure or a payment in relation to demand on trunk infrastructure. Page 48 637 Requirements for infrastructure charges notice (1) An infrastructure charges notice must state all of the following for the levied charge— (a) its current amount; (b) how it has been worked out; (c) the land; (d) when it will be payable under section 638 (without considering any possible operation of section 639); (e) if an automatic increase provision applies— (i) that it is subject to automatic increases; and (ii) how the increases are worked out under the provision; (f) whether an offset or refund under this part applies and, if so, details of the offset or refund, including when the refund will be given. 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (2) The infrastructure charges notice must also include, or be accompanied by, an information notice about the decision to give the notice. Subdivision 4 Payment 638 Payment triggers generally (1) A levied charge becomes payable— (a) if the charge applies for reconfiguring a lot—when the local government that levied the charge approves the plan of subdivision for the reconfiguration; or (b) if the charge applies for building work—when the certificate of classification or final inspection certificate for the building work is given; or (c) if the charge applies for a material change of use—when the change happens; or (d) if the charge applies for other development—on the day stated in the infrastructure charges notice under which the charge was levied. (2) This section is subject to section 639. 639 Agreements about payment or provision instead of payment (1) The recipient of an infrastructure charges notice and the local government that gave it may agree about either or both of the following— (a) whether the levied charge under the notice may be paid other than as required under section 638 including whether it may be paid by instalments; 2014 Act No. 36 Page 49

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (b) whether infrastructure may be provided instead of paying part or all of the levied charge. (2) If the levied charge is subject to an automatic increase provision, the agreement must state how increases in the charge are payable under the agreement. Subdivision 5 Changing charges during relevant appeal period 640 Application of sdiv 5 This subdivision applies to the recipient of an infrastructure charges notice (the original notice ) given by a local government. 641 Submissions for infrastructure charges notice During the relevant appeal period, the recipient may make submissions to the local government about the original notice. 642 Consideration of submissions The local government must consider the submissions. 643 Decision about submissions (1) If the local government decides it agrees with a submission, it must, within 5 business days after making the decision, give the recipient a new infrastructure charges notice (a negotiated notice ). (2) The local government may give only 1 negotiated notice. Page 50 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (3) A negotiated notice— (a) must be in the same form as the original notice; and (b) must state the nature of the changes; and (c) replaces the original notice. (4) If the local government decides it does not agree with any of the submissions, it must, within 5 business days after making the decision, give the recipient a notice stating the decision. (5) Despite another provision of this Act, the relevant appeal period for the infrastructure charges notice starts again when the recipient is given the notice under subsection (4). 644 Suspension of relevant appeal period (1) If the recipient needs more time to make submissions, the recipient may give the local government a notice (a suspension notice ) suspending the relevant appeal period. (2) The recipient may give only1 suspension notice. (3) If the submissions are not made within 20 business days after the giving of the suspension notice, the balance of the relevant appeal period restarts. (4) If submissions are made within the 20 business days and the recipient gives the local government a notice withdrawing the suspension notice, the balance of the relevant appeal period restarts the day after the local government receives the notice of withdrawal. 2014 Act No. 36 Page 51

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] Division 2 Development approval conditions about trunk infrastructure Subdivision 1 Conditions for necessary trunk infrastructure 645 Application and operation of sdiv 1 (1) This subdivision applies if trunk infrastructure necessary to service premises the subject of a development application (the subject premises )— (a) has not been provided; or (b) has been provided but is inadequate. (2) Sections 646 and 647 provide for a local government to be able to impose particular conditions on the development approval (each condition is a necessary infrastructure condition ). 646 Necessary infrastructure condition for LGIP-identified infrastructure (1) This section applies if the LGIP identifies adequate trunk infrastructure to service the subject premises. (2) The local government may impose a condition requiring either or both of the following to be provided at a stated time— (a) the identified infrastructure; (b) different trunk infrastructure delivering the same desired standard of service. Page 52 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] 647 Necessary infrastructure condition for other infrastructure (1) This section applies if the LGIP does not identify adequate trunk infrastructure to service the subject premises. (2) The local government may impose a condition on a development approval that requires development infrastructure necessary to service the premises to be provided at a stated time. Note — See section 627, definition trunk infrastructure . (3) However, a local government may impose a condition under subsection (2) only if the infrastructure is development infrastructure that services development— (a) consistent with the assumptions about the type, scale, location or timing of future development stated in the LGIP; and (b) for premises completely inside the PIA. 648 Deemed compliance with necessary or reasonable requirements (1) A necessary infrastructure condition is taken to comply with the relevant or reasonable requirements if— (a) generally, the infrastructure required is— (i) necessary to service the subject premises; and (ii) the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and (b) for a necessary infrastructure condition that requires the provision of the infrastructure 2014 Act No. 36 Page 53

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] on the subject premises—its provision is not an unreasonable imposition on— (i) the development; or (ii) the use of the subject premises as a consequence of the development. (2) To remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if it will service premises other than the subject premises. Page 54 649 Offset or refund requirements (1) This section applies if— (a) trunk infrastructure the subject of a necessary infrastructure condition services, or is planned to service, premises other than the subject premises; and (b) an adopted charge applies to the development. (2) If the cost of the infrastructure required to be provided under the condition is equal to or less than the amount worked out by applying the adopted charge to the development, the cost must be offset against that amount. Note — For how the cost is worked out, see sections 633 and 657. (3) If the cost of the infrastructure required to be provided under the condition is more than the amount worked out by applying the adopted charge to the development— (a) there is no amount payable for the development approval; and (b) the local government must refund the applicant the proportion of the 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] establishment cost of the trunk infrastructure that may be apportioned reasonably to users of premises other than the subject premises. Example — A necessary infrastructure condition of a development approval requires transport infrastructure to be provided. The cost of the transport infrastructure is $500000. Adopted charges apply to the development at a total amount of $600000. The cost of the infrastructure under the necessary infrastructure condition ($500000) must be offset against the total amount worked out by applying the adopted charge to the development ($600000), rather than offsetting it only against the part of the charge relating to transport infrastructure. Subdivision 2 Conditions for additional trunk infrastructure costs 650 Power to impose (1) A local government may impose a condition (an additional payment condition ) requiring the payment of additional trunk infrastructure costs only if— (a) the development— (i) will generate infrastructure demand of more than that required to service the type or scale of future development that the LGIP assumes; or (ii) will require new trunk infrastructure earlier than when identified in the LGIP; or (iii) is for premises completely or partly outside the PIA; and (b) the development would impose additional trunk infrastructure costs on the local 2014 Act No. 36 Page 55

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] government after taking into account either or both of the following— (i) levied charges for the development; (ii) trunk infrastructure provided, or to be provided, by the applicant under this part. (2) However, an additional payment condition must not be imposed for a State infrastructure provider. (3) An additional payment condition is taken to comply with the relevant or reasonable requirements to the extent the infrastructure is necessary, but not yet available, to service the development. (4) Subsection (3) applies even if the infrastructure is also intended to service other development. (5) The power to impose an additional payment condition is subject to the rest of this subdivision. 651 Content of additional payment condition (1) An additional payment condition must state all of the following— (a) why it was imposed; (b) the amount of the payment to be made under the condition; (c) details of the trunk infrastructure for which the payment is required; (d) when the amount becomes payable (the payment time ); (e) that the applicant may, instead of making the payment, elect to provide part or all of the trunk infrastructure; (f) if the applicant so elects— Page 56 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 2 Amendment of Sustainable Planning Act 2009 [s 18] (i) any requirements for providing the trunk infrastructure; and (ii) when it must be provided. (2) Unless the applicant and the local government otherwise agree, the payment time is— (a) if the trunk infrastructure is necessary to service the premises—by the day the development, or work associated with the development, starts; or (b) otherwise— (i) if the additional payment condition applies for reconfiguring a lot—when the local government approves the plan of subdivision for the reconfiguration; or (ii) if the additional payment condition applies for building work—when the certificate of classification or final inspection certificate for the work is given; or (iii) if the additional payment condition applies for a material change of use—when the change happens. 652 Restriction if development completely in PIA (1) This section applies for an additional payment condition imposed by a local government for development completely inside the PIA. (2) The additional payment condition may require a payment only as follows— (a) for trunk infrastructure to be provided earlier than planned in the LGIP, the difference between— 2014 Act No. 36 Page 57

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] (b) if the environmental approval for the project was amended under division 4—the Coordinator-General’s consideration of an amendment application for the project under division 4 for the purpose of deciding whether to amend the approval or a condition of the approval. 54ZH Notice of proposed cancellation or suspension (1) Before cancelling or suspending an environmental approval in relation to a specified provision under section 54ZG(1), the Coordinator-General must give the proponent for the coordinated project a notice stating— (a) that the Coordinator-General proposes to— (i) cancel the approval; or (ii) suspend the approval for the stated period; and (b) the ground for the proposed cancellation or suspension; and (c) that the proponent may, within a stated time of at least 14 days, give the Coordinator-General a written response to the proposed cancellation or suspension. (2) The Coordinator-General must consider any response given by the proponent within the stated time. Page 172 54ZI Notice of cancellation or suspension decision (1) If the Coordinator-General decides under section 54ZG(1) to cancel or suspend an environmental approval in relation to a specified provision, the Coordinator-General must, within 14 days after 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] the decision, give the proponent written notice of the decision and the reasons for it. (2) If the decision is to suspend the environmental approval in relation to a specified provision— (a) the notice must state the period of the suspension (the suspension period ); and (b) during the suspension period, the specified provision applies to the coordinated project the subject of the environmental approval as if the approval had not been given. (3) A decision to cancel or suspend the environmental approval takes effect on the later of the following— (a) the day the written notice is given to the proponent; (b) the day of effect stated in the written notice. 54ZJ Issuing amended environmental approval (1) This section applies if an environmental approval remains in force for 1 or more specified provisions after a decision of the Coordinator-General under section 54ZG(1) to cancel the approval in relation to a specified provision takes effect. (2) The Coordinator-General must— (a) amend the environmental approval to give effect to the partial cancellation of the approval; and (b) issue the amended environmental approval to the proponent. (3) However, if a reinstatement request in relation to the cancellation is approved under section 54ZJC— 2014 Act No. 36 Page 173

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] (a) subsection (2) does not apply; and (b) any amended environmental approval issued under subsection (2)(b) because of the cancellation, and before the reinstatement request is decided, ceases to have effect. 54ZJA Request to reinstate cancelled or suspended environmental approval (1) This section applies if a proponent for a coordinated project is given notice under section 54ZI(1) that an environmental approval for the project is cancelled or suspended in relation to a specified provision. (2) The proponent may, by written notice (a reinstatement request ), ask the Coordinator-General to reinstate the environmental approval to the extent it is cancelled or suspended. (3) A reinstatement request must— (a) be made no later than 2 months after the day the notice under section 54ZI(1) is given; and (b) state the grounds on which the proponent seeks to have the environmental approval reinstated. Page 174 54ZJB Coordinator-General may request information about reinstatement request (1) This section applies if the Coordinator-General considers further information is reasonably necessary to decide a reinstatement request. (2) The Coordinator-General may, by written notice, require the proponent to provide the further information within the period stated in the notice. 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] (3) If the further information is not provided within the stated period, the reinstatement request lapses. 54ZJC Deciding reinstatement request (1) The Coordinator-General must— (a) decide whether to approve or refuse the reinstatement request; and (b) give the proponent written notice of the decision, including the grounds for the decision. (2) In deciding the request, the Coordinator-General must consider the matters mentioned in section 54ZG(2), (3) and (4). (3) A decision under subsection (1)(a) must be made within 20 business days after the later of the following— (a) the day the Coordinator-General receives the reinstatement request; (b) the day the Coordinator-General receives any further information requested under section 54ZJB(2). (4) If a decision is not made within the period mentioned in subsection (3), the Coordinator-General is taken to have refused the reinstatement request the day after the period ends. (5) If the Coordinator-General approves the request, the cancellation or suspension ceases to have effect from the day notice of the decision is given under subsection (1)(b). 2014 Act No. 36 Page 175

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] Division 6 Offences and compliance 54ZK Failure to comply with environmental approval or conditions (1) This section applies to a person who is the holder of, or is acting under, an environmental approval. (2) The person must not, without reasonable excuse, contravene the environmental approval. Maximum penalty— (a) for an individual—1665 penalty units; or (b) for corporation—16650 penalty units. (3) The person must not, without reasonable excuse, contravene a condition of the environmental approval. Maximum penalty— (a) for an individual—1665 penalty units; and (b) for corporation—16650 penalty units. Page 176 54ZL Compliance under Environmental ProtectionAct (1) The Environmental Protection Act, sections 437 to 440 and 493A apply to the undertaking of a coordinated project as if an environmental approval for the project were an environmental authority under that Act. (2) Also, the Environmental Protection Act, section 493 applies in relation to an offence against that Act, chapter 8, part 3 in relation to a coordinated project. (3) Subsection (4) applies if— (a) a proceeding is proposed to be started in the Planning and Environment Court under the 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] 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 the EnvironmentalProtectionAct because of section 493A of that Act as applied under subsection (1); and (c) the offence or threatened or anticipated offence relates to the coordinated project. (4) Despite the EnvironmentalProtectionAct, section 505, only the following persons may bring the proceeding— (a) the Coordinator-General; (b) an entity nominated under section 54V as having jurisdiction for a condition of the environmental approval for the coordinated project; (c) the local government for the local government area in which the coordinated project is, or is to be, undertaken; (d) the proponent; (e) another person whose interests are significantly adversely affected by the subject matter of the proceeding. 54ZM Declarations (1) A person mentioned in section 54ZL(4) may start a proceeding in the Planning and Environmental Court for a declaration about the lawfulness, under this part, of undertaking a coordinated project. (2) The Sustainable Planning Act, section 456 applies to a proceeding started under this section. 2014 Act No. 36 Page 177

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52] Division 7 Miscellaneous 54ZN Fees for pt 4A (1) An application under this part must be accompanied by the fee prescribed by regulation for the application. (2) The Coordinator-General must refuse to receive the application unless the fee has been paid. (3) However, if a fee is prescribed for an application under section 54Z, the Coordinator-General may waive or reduce the fee. (4) In deciding to waive or reduce a fee under subsection (3), the Coordinator-General may have regard to the complexity of the proposed amendment and the extent of public consultation required in relation to the proposed change. (5) The proponent of a coordinated project must pay the Coordinator-General the fees prescribed by regulation at the times provided for under the regulation. (6) If a fee becomes payable under subsection (5), the Coordinator-General’s obligations under this part for the coordinated project are suspended until the fee has been paid. (7) Subsection (6) applies despite any other provision of this part. Page 178 54ZO Recovering the cost of advice or services for assessment (1) This section applies if the Coordinator-General obtains from another entity advice or services the Coordinator-General considers necessary to decide an application, or take action, under this part in relation to a coordinated project. 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 52A] (2) The Coordinator-General may recover from the proponent as a debt the reasonable cost of obtaining the advice or services. 52A Amendment of s 157A (What is an enforceable condition ) Section 157A(1)— insert — (e) a condition of an environmental approval under part 4A. 52B Amendment of s 157P (Executive officer must ensure corporation does not commit particular offences) Section 157P(5)— omit . 53 Amendment of s 173 (Regulation-making power) Section 173(1)(g), ‘studies or the process under part 4, division 3,’— omit, insert— protected matters reports, studies or the process under part 4, division 3, or part 4A 54 Insertion of new pt 9, div 6 Part 9— insert— 2014 Act No. 36 Page 179

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 55] Division 6 Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 195 Particular coordinated projects publicly notified under pt 4 (1) This section applies to a coordinated project for which a bilateral project declaration is made under section 54J(1) if, before a bilateral agreement mentioned in section 54H(1)(a) was in force— (a) an EIS was prepared for the project under part 4; and (b) the EIS included the matters required by regulation for a project to which the StateDevelopmentandPublicWorksOrganisationRegulation2010 , part 13 applies; and (c) the EIS was publicly notified under section 33. (2) The EIS, to the extent it includes the matters mentioned in subsection (1)(b), is taken to be a draft protected matters report for the coordinated project. (3) The proponent is taken to have complied with sections 54P and 54Q in relation to the coordinated project. 55 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions properly made submission and submission period — omit. Page 180 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 55] (2) Schedule 2— insert— 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. assessment report , for part 4A, see section 54W(4). 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). 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. coordinated project declaration for part 4A, see section 54I. environmental approval , for part 4A, see section 54I. environmental law , for part 4A, see section 54I. environmental matter protected , for part 4A, see section 54I. environmental record , of a proponent or proposed new proponent of a coordinated project, for part 4A, see section 54I. executive officer , of a corporation, means a person who is concerned with, or takes part in, its 2014 Act No. 36 Page 181

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3 Amendment of other Acts [s 55] management, whether or not the person is a director or the person’s position is given the name of executive officer. impact , for part 4A, see the Commonwealth Environment Act, section 527E. information requirement notice , for part 4A, see section 54S(2). properly made submission , for an EIS, a proposed change to a 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. protected matters report , for part 4A, see section 54I. reinstatement request , for part 4A, see section 54ZJA(2). specified provision , for part 4A, see section 54I. submission period , for part 4 or part 4A, see section 33(1)(d). within the scope of the bilateral agreement , for a coordinated project, for part 4A, see section 54H(3). Page 182 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3A Amendment of local government legislation [s 55A] Part 3A Amendment of local government legislation Division 1 City of Brisbane Act 2010 55A Act amended This division amends the City of Brisbane Act 2010 . 55B Amendment of s 96 (Power to levy rates and charges) Section 96— insert — (1A) Without limiting subsection (1), the council may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner. 55C Amendment of ch 8 hdg (Repeal, transitional and savings provisions) Chapter 8, heading, ‘and savings’— omit, insert — , savings and validation 55D Insertion of new ch 8, pt 6 After section 268— insert — 2014 Act No. 36 Page 183

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3A Amendment of local government legislation [s 55E] Part 6 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 269 Validation of rates charged It is declared that the council always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 96(1A). Division 2 Local Government Act 2009 55E Act amended This division amends the Local Government Act 2009 . 55F Amendment of s 94 (Power to levy rates and charges) Section 94— insert — (1A) Without limiting subsection (1), a local government may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner. 55G Amendment of ch 9 hdg (Other transitional provisions) Chapter 9, heading, after ‘transitional’— insert — and validation Page 184 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3B Amendment of industrial relations legislation [s 55H] 55H Insertion of new ch 9, pt 8 After section 306— insert — Part 8 Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 307 Validation of rates charged It is declared that a local government always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 94(1A). Part 3B Amendment of industrial relations legislation Division 1 Industrial Relations Act 1999 55I Act amended This division amends the Industrial Relations Act 1999 . 55J Amendment of s 71OG (Right of entry) Section 71OG(1), ‘or an associated entity of an organisation’— omit. 2014 Act No. 36 Page 185

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3B Amendment of industrial relations legislation [s 55K] 55K Amendment of s 353 (Entry to places) Section 353(4), definition workplace , paragraph (b), from ‘, a branch’— omit, insert— or branch of an organisation. 55L Amendment of s 356 (Power to require information) Section 356(1)(a)(iv)— omit . 55M Omission of ch 12, pt 12, div 1B, hdg and sdiv 1, hdg Chapter 12, part 12, division 1B, heading and subdivision 1, heading— omit . 55N Omission of s 553C (Division does not apply to organisations with local government members) Section 553C— omit . 55O Relocation of s 553D (When does an organisation spend money for a political purpose ) Section 553D— relocate and renumber as section 552A. 55P Omission of s 553DA (When an entity is an associated entity of another entity) Section 553DA— omit . Page 186 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3B Amendment of industrial relations legislation [s 55Q] 55Q Amendment of section 553E (Other definitions for div 1B) (1) Section 553E, heading— omit . (2) Section 553E, ‘In this division—’— omit . (3) Section 553E, definitions candidate for election , legislature , local government , political matter , political object and political party — relocate to section 551. 55R Omission of ch 12, pt 12, div 1B, sdivs 2 – 4 Chapter 12, part 12, division 1B, subdivisions 2 to 4— omit. 55S Amendment of s 557B (Register of political spending) Section 557B(3)(d)— omit. 55T Amendment of s 557S (Spending for political purposes) Section 557S(d)— omit . 55U Amendment of s 560 (Requirements for audit report) Section 560(f)— omit. 55V Insertion of new ch 20, pt 19 Chapter 20— insert— 2014 Act No. 36 Page 187

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3B Amendment of industrial relations legislation [s 55V] Part 19 Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 838 Matters relating to expenditure ballots (1) This section applies if, during the relevant period, an entity— (a) committed an offence against a provision in chapter 12, part 12, division 1B; or (b) committed an offence against section 557B(1) because the entity failed to state, in a register the entity was required to keep under that subsection, a matter mentioned in section 557B(3)(d); or (c) committed an offence against section 557O because the entity failed to include in a financial disclosure statement the entity was required to prepare under that section a matter mentioned in section 557S(d). (2) No proceeding may be started or continued against a person, and no penalty may be imposed, in relation to the offence. (3) Subsection (2) applies despite the ActsInterpretation Act 1954 , section 20. (4) In this section— relevant period means the period— (a) starting on 1 July 2013; and Page 188 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 3B Amendment of industrial relations legislation [s 55W] (b) ending immediately before commencement of this section. the 55W Amendment of sch 5 (Dictionary) (1) Schedule 5, definitions associated entity and expenditure ballot — omit . (2) Schedule 5, definitions candidate for election, political matter and political party , ‘division 1B and chapter 12, part 12A, see section 553E’— omit, insert— see section 551 (3) Schedule 5, definitions legislature and local government , ‘, division 1B, see section 553E— omit, insert— see section 551 (4) Schedule 5, definition political object , ‘section 553E’— omit, insert— section 551 (5) Schedule 5, definition political purpose , ‘section 553D’— omit, insert— section 552A Division 2 Industrial Relations Regulation 2011 55X Regulation amended This division amends the IndustrialRelationsRegulation2011 . 2014 Act No. 36 Page 189

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Part 4 Minor and consequential amendments [s 55Y] 55Y Omission of pt 12, div 2 (Expenditure ballots for spending for political purposes) Part 12, division 2— omit . 55Z Omission of sch 2C (Rules for conduct of expenditure ballot) Schedule 2C— omit . Part 4 Minor and consequential amendments 56 Acts amended Schedule 1 amends the Acts it mentions. Page 190 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Schedule 1 Schedule 1 Minor and consequential amendments section 56 South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 1 Section 49A(2)(a), after ‘section 99BOB(b)’— insert — and (c) 2 Section 53AS(1)(c)— omit, insert — (c) a charge under section 99BRAN, 99BRAV or 99BRCI; (d) a charge under a water infrastructure agreement under section 99BRCM; 3 Section 53AS(3), after ‘(1)(c)’— insert — or (d) Sustainable Planning Act 2009 1 Section 20(1)(c)— omit, insert — 2014 Act No. 36 Page 191

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Schedule 1 (c) to provide for the matters mentioned in section 629. 2 Section 38(b)(ii)(A), ‘priority infrastructure plans’— omit, insert — LGIPs 3 Sections 78(2), 88(1)(e) and 212(3), ‘a priority infrastructure plan’— omit, insert — an LGIP 4 Section 85(1)(b) and (c)— omit, insert — (b) an LGIP. 5 Section 205, from ‘any charge’ to ‘part 1’— omit, insert — any adopted charge 6 Section 282(2)(f), from ‘section 655’— omit, insert — chapter 8, part 2, division 2, subdivision 2 or part 3—any relevant charges resolution. 7 Sections 313(2)(f) and 314(2)(i), ‘an adopted infrastructure charges resolution or the priority infrastructure plan’— omit, insert — the provider’s LGIP Page 192 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Schedule 1 8 Sections 315(1)(c), 346(2), note, 388(1)(a), 404(1)(c) and 720, ‘chapter 8, part 1’— omit, insert — chapter 8, parts 2 and 3 9 Section 364(1), from ‘an infrastructure’ to ‘charge.’— omit, insert — a levied charge. 10 Section 364(2), from ‘under’, first mention, to ‘section 648F’— omit . 11 Chapter 7, part 2, division 1, heading, ‘Establishment, constitution’— omit, insert — Constitution 12 Section 724(1)(a), ‘its priority infrastructure plan’— omit, insert — its LGIP 13 Section 724(1)— insert — (ab) all supporting material used to draft its LGIP; 14 Section 724(1)(g)(ii) and (iii)— omit, insert — (ii) an LGIP; 2014 Act No. 36 Page 193

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Schedule 1 15 Section 724(1)(p) to (t)— omit, insert — (p) each document mentioned in the LGIP used to prepare it; (q) each charges resolution of the local government; (r) a register (the infrastructure charges register ) of all infrastructure charges the local government levies; 16 Section 724(1)(u), ‘chapter 8, part 2’— omit, insert — section 673 17 Sections 724(3) and 739(f), from ‘, regulated’ to ‘adopted infrastructure charges register’— omit . 18 Section 724(3)(b), ‘schedule’— omit, insert — resolution 19 Section 724(4)— omit . 20 Section 738(a), from ‘, including’ to ‘schedule,’— omit, insert — or charges resolution 21 Section 739(k), ‘section 662’— omit, insert — Page 194 2014 Act No. 36

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Schedule 1 section 673 22 Section 834— omit . © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 Act No. 36 Page 195