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This is a Bill, not an Act. For current law, see the Acts databases.


SUSTAINABLE PLANNING BILL 2009

          Queensland



Sustainable Planning Bill 2009

 


 

 

Queensland Sustainable Planning Bill 2009 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 2 Purpose and advancing the purpose 3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 Advancing Act's purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5 What advancing Act's purpose includes. . . . . . . . . . . . . . . . . . . . 43 Part 3 Interpretation Division 1 Dictionary 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2 Key definitions 7 Meaning of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 8 Meaning of ecological sustainability . . . . . . . . . . . . . . . . . . . . . . . 45 9 Meaning of lawful use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 3 Supporting definitions and explanations for key definitions 10 Definitions for terms used in development . . . . . . . . . . . . . . . . . . 46 11 Explanation of terms used in ecological sustainability . . . . . . . . . 52 Division 4 General matters 12 Meaning of words in Act prevail over planning instruments . . . . . 53 13 References in Act to particular terms . . . . . . . . . . . . . . . . . . . . . . 53 Part 4 Application of Act 14 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Chapter 2 State planning instruments Part 1 Preliminary 15 State planning instruments under Act . . . . . . . . . . . . . . . . . . . . . 55

 


 

Sustainable Planning Bill 2009 Contents Part 2 State planning regulatory provisions Division 1 Preliminary 16 What is a State planning regulatory provision . . . . . . . . . . . . . . . 55 17 Status of State planning regulatory provision. . . . . . . . . . . . . . . . 56 18 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 19 Relationship with other instruments . . . . . . . . . . . . . . . . . . . . . . . 56 Division 2 General matters about State planning regulatory provisions 20 Power to make State planning regulatory provision . . . . . . . . . . . 57 21 Content of State planning regulatory provision . . . . . . . . . . . . . . 58 Part 3 Regional plans Division 1 Preliminary 22 What is a designated region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 2 Regional plans for designated regions Subdivision 1 Preliminary 23 What is a regional plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 24 Status of regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 25 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 26 Relationship with other instruments . . . . . . . . . . . . . . . . . . . . . . . 60 Subdivision 2 Requirement to make, and key elements of, regional plans 27 Requirement to make regional plan . . . . . . . . . . . . . . . . . . . . . . . 61 28 Key elements of regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Subdivision 3 Requirement to amend planning schemes to reflect regional plans 29 Amending planning schemes to reflect regional plan. . . . . . . . . . 62 Division 3 Regional planning committees 30 What are regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 31 Establishment of regional planning committee . . . . . . . . . . . . . . . 64 32 Functions of regional planning committee . . . . . . . . . . . . . . . . . . 65 33 Membership of regional planning committee . . . . . . . . . . . . . . . . 65 34 Changing particular committee . . . . . . . . . . . . . . . . . . . . . . . . . . 66 35 Dissolution of regional planning committee . . . . . . . . . . . . . . . . . 66 36 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 37 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 38 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 39 Reports of particular committee . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 2

 


 

Sustainable Planning Bill 2009 Contents Part 4 State planning policies Division 1 Preliminary 40 What is a State planning policy . . . . . . . . . . . . . . . . . . . . . . . . . . 67 41 Status of State planning policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 42 Area to which State planning policy applies . . . . . . . . . . . . . . . . . 68 43 Relationship with local planning instruments . . . . . . . . . . . . . . . . 68 Division 2 General matters about State planning policies 44 Power to make State planning policy--generally . . . . . . . . . . . . . 68 45 Duration of State planning policy made under pt 6 . . . . . . . . . . . 68 Division 3 Temporary State planning policies 46 Power to make temporary State planning policy . . . . . . . . . . . . . 69 47 Making temporary State planning policy . . . . . . . . . . . . . . . . . . . 69 48 Effect of temporary State planning policy . . . . . . . . . . . . . . . . . . . 70 49 Duration of temporary State planning policy . . . . . . . . . . . . . . . . 70 Part 5 Standard planning scheme provisions Division 1 Preliminary 50 What are standard planning scheme provisions . . . . . . . . . . . . . 71 51 Status of standard planning scheme provisions . . . . . . . . . . . . . . 71 52 Effect of standard planning scheme provisions . . . . . . . . . . . . . . 71 53 Relationship with local planning instruments . . . . . . . . . . . . . . . . 71 Division 2 General matters about standard planning scheme provisions 54 Power to make standard planning scheme provisions . . . . . . . . . 72 55 Local governments to amend planning schemes to reflect standard planning scheme provisions . . . . . . . . . . . . . . . . . . . . . 72 Part 6 Making, amending and repealing State planning instruments Division 1 Preliminary 56 Process for making, amending or repealing State planning instrument ..................................... 73 57 Compliance with divs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 2 Process for making State planning instruments 58 Preparation of draft instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . 74 59 Endorsing particular draft instrument . . . . . . . . . . . . . . . . . . . . . . 75 60 Notice about draft instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 61 Keeping draft instrument available for inspection and purchase . 76 62 Dealing with draft State planning regulatory provision . . . . . . . . . 76 Page 3

 


 

Sustainable Planning Bill 2009 Contents 63 Making State planning instruments . . . . . . . . . . . . . . . . . . . . . . . 77 64 Notice about making State planning instrument. . . . . . . . . . . . . . 77 65 Notice about decision not to make State planning instrument . . . 78 66 Particular State planning regulatory provisions to be ratified by Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 67 State planning regulatory provisions that are subject to disallowance ..................................... 79 Division 3 Amending State planning instruments Subdivision 1 Administrative and minor amendments, and particular amendments to reflect documents 68 Administrative and minor amendment or amendment to reflect other documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 69 Notice of amendment under s 68 . . . . . . . . . . . . . . . . . . . . . . . . . 81 Subdivision 2 Other amendments 70 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 71 Decision not to proceed with amendment of regional plan. . . . . . 82 Division 4 When State planning instrument or amendment has effect 72 When State planning instrument or amendment has effect . . . . . 82 73 Effect of draft State planning regulatory provision and draft amendments ...................................... 83 Division 5 Repealing and replacing State planning instruments 74 Notice of repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 75 When repeal has effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 76 Replacement of regional plans. . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Chapter 3 Local planning instruments Part 1 Preliminary 77 Local planning instruments under Act . . . . . . . . . . . . . . . . . . . . . 85 78 Infrastructure intentions in local planning instruments not binding ...................................... 85 Part 2 Planning schemes Division 1 Preliminary 79 What is a planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 80 Status of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 81 Effects of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 82 Area to which planning scheme applies . . . . . . . . . . . . . . . . . . . . 87 83 Relationship with planning scheme policies . . . . . . . . . . . . . . . . . 87 Division 2 General provisions about planning schemes 84 Power to make planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . 87 Page 4

 


 

Sustainable Planning Bill 2009 Contents 85 Documents planning scheme may adopt . . . . . . . . . . . . . . . . . . . 87 86 Relationship between planning schemes and Building Act . . . . . 88 87 Covenants not to conflict with planning scheme. . . . . . . . . . . . . . 88 Division 3 Key concepts for planning schemes 88 Key elements of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . 89 89 Core matters for planning scheme . . . . . . . . . . . . . . . . . . . . . . . . 90 90 State, regional and local dimensions of planning scheme matters ....................................... 91 Division 4 Reviewing planning schemes 91 Local government must review planning scheme every 10 years .................................... 92 92 Action local government may take after review . . . . . . . . . . . . . . 92 93 Report about review if decision is to take no action . . . . . . . . . . . 92 94 Notice about report to be published . . . . . . . . . . . . . . . . . . . . . . . 93 Division 5 Application of superseded planning schemes 95 Request for application of superseded planning scheme. . . . . . . 93 96 Decision on request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 97 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 98 When development under superseded planning scheme must start ................................... 96 99 When development application (superseded planning scheme) can be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 100 When request for compliance assessment under a superseded planning scheme can be made . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Part 3 Temporary local planning instruments Division 1 Preliminary 101 What is a temporary local planning instrument . . . . . . . . . . . . . . 98 102 Status of temporary local planning instrument . . . . . . . . . . . . . . . 98 103 Area to which temporary local planning instrument applies . . . . . 99 104 Relationship with planning scheme . . . . . . . . . . . . . . . . . . . . . . . 99 Division 2 General matters about temporary local planning instruments 105 Power to make temporary local planning instrument . . . . . . . . . . 99 106 Content of temporary local planning instrument. . . . . . . . . . . . . . 100 107 Documents temporary local planning instrument may adopt . . . . 100 Part 4 Planning scheme policies Division 1 Preliminary 108 What is a planning scheme policy . . . . . . . . . . . . . . . . . . . . . . . . 101 Page 5

 


 

Sustainable Planning Bill 2009 Contents 109 Status of planning scheme policy. . . . . . . . . . . . . . . . . . . . . . . . . 101 110 Effect of planning scheme policy . . . . . . . . . . . . . . . . . . . . . . . . . 101 111 Area to which planning scheme policy applies. . . . . . . . . . . . . . . 102 112 Relationship with other planning instruments. . . . . . . . . . . . . . . . 102 Division 2 General matters about planning scheme policies 113 Power to make planning scheme policy . . . . . . . . . . . . . . . . . . . . 102 114 Content of planning scheme policy . . . . . . . . . . . . . . . . . . . . . . . 102 115 Planning scheme policy can not adopt particular documents . . . 103 Part 5 Making, amending or repealing local planning instruments Division 1 Preliminary 116 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 2 Making or amending local planning instruments 117 Process for making or amending local planning instruments . . . . 104 118 Content of guideline for making or amending local planning instrument .................................... 104 119 Compliance with guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 120 When planning scheme, temporary local planning instrument and amendments have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 121 When planning scheme policy and amendments have effect. . . . 107 122 Consolidating planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 3 Repealing local planning instruments 123 Repealing temporary local planning instruments . . . . . . . . . . . . . 108 124 Repealing planning scheme policies . . . . . . . . . . . . . . . . . . . . . . 109 Part 6 Powers of State in relation to local planning instruments Division 1 Direction to take action about local planning instruments 125 Procedures before exercising particular power . . . . . . . . . . . . . . 110 126 Power of Minister to direct local government to take particular action about local planning instrument . . . . . . . . . . . . . . . . . . . . . 110 127 Power of Minister to direct local government to prepare a consolidated planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 128 Power of Minister if local government does not comply with direction ...................................... 111 Division 2 Making or amending local planning instrument without direction 129 Power of Minister to take action about local planning instrument without direction to local government . . . . . . . . . . . . . 112 Page 6

 


 

Sustainable Planning Bill 2009 Contents Division 3 Process for dealing with local planning instruments under part 6 130 Process for Minister to take action under pt 6 . . . . . . . . . . . . . . . 113 Chapter 4 Planning partnerships Part 1 Master planning for particular areas of State interest Division 1 Preliminary 131 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Division 2 Master planned areas 132 Identification of master planned areas . . . . . . . . . . . . . . . . . . . . . 115 133 Master planned area declarations . . . . . . . . . . . . . . . . . . . . . . . . 115 134 Restriction on particular development applications in master planned area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 135 Notation of master planned areas on planning scheme . . . . . . . . 117 Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister Division 1 Preliminary 136 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 137 What is a structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 138 Relationship with regulation under s 232 . . . . . . . . . . . . . . . . . . . 118 139 Relationship with State planning instruments. . . . . . . . . . . . . . . . 118 Division 2 General matters about structure plans 140 Local government's obligation to have structure plan. . . . . . . . . . 118 141 Content of structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 142 Prohibited development under structure plan. . . . . . . . . . . . . . . . 120 Division 3 Funding for structure plans 143 Agreement to fund structure plan . . . . . . . . . . . . . . . . . . . . . . . . . 121 144 Special charge for making a structure plan . . . . . . . . . . . . . . . . . 121 Division 4 Making structure plans 145 Making structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 146 Content of guideline for making structure plan . . . . . . . . . . . . . . . 123 147 Compliance with guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 148 When structure plan takes effect . . . . . . . . . . . . . . . . . . . . . . . . . 124 149 Provisions for new planning schemes . . . . . . . . . . . . . . . . . . . . . 124 Part 3 Master plans Division 1 Preliminary 150 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 151 What is a master plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Page 7

 


 

Sustainable Planning Bill 2009 Contents 152 Relationship with regulation under s 232 . . . . . . . . . . . . . . . . . . . 125 153 Relationship with other planning instruments. . . . . . . . . . . . . . . . 126 154 New planning instruments can not affect approved master plan . 126 Division 2 General matters about master plans 155 Content of master plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 156 Master plan attaches to land in master planning unit . . . . . . . . . . 128 157 Local government approval required . . . . . . . . . . . . . . . . . . . . . . 128 158 When master plan ceases to have effect . . . . . . . . . . . . . . . . . . . 129 Division 3 Applying for and obtaining approval of proposed master plan Subdivision 1 Application stage for proposed master plan 159 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 160 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Subdivision 2 Information and response stage 161 Local government gives application to coordinating agency . . . . 130 162 Request for information from applicant. . . . . . . . . . . . . . . . . . . . . 131 163 Applicant responds to any request for information . . . . . . . . . . . . 132 164 Lapsing of application if applicant does not respond . . . . . . . . . . 133 165 When application taken not to have lapsed . . . . . . . . . . . . . . . . . 133 Subdivision 3 Consultation stage 166 When consultation is required . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 167 Content requirements for public notice. . . . . . . . . . . . . . . . . . . . . 135 168 When public notice must be given . . . . . . . . . . . . . . . . . . . . . . . . 135 169 Notice to comply with public notice requirement . . . . . . . . . . . . . 136 170 Lapsing of application if notice not complied with . . . . . . . . . . . . 136 171 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 172 Distribution of submissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Subdivision 4 State government decision stage 173 Assessment by participating agency and coordinating agency . . 138 174 When participating agency's response must be given . . . . . . . . . 139 175 Participating agency's response powers . . . . . . . . . . . . . . . . . . . 139 176 Coordinating agency's assessment . . . . . . . . . . . . . . . . . . . . . . . 140 177 Resolution of conflict by Minister . . . . . . . . . . . . . . . . . . . . . . . . . 140 178 Coordinating agency's decision . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Subdivision 5 Local government decision stage 179 Decision-making period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Page 8

 


 

Sustainable Planning Bill 2009 Contents 180 Assessment by local government. . . . . . . . . . . . . . . . . . . . . . . . . 142 181 Local government's decision generally. . . . . . . . . . . . . . . . . . . . . 143 182 Restrictions on giving approval. . . . . . . . . . . . . . . . . . . . . . . . . . . 144 183 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 184 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 185 Representations about conditions and other matters. . . . . . . . . . 147 186 Applicant may suspend applicant's appeal period . . . . . . . . . . . . 148 187 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 188 Effect on decision stage if action taken under Native Title Act (Cwlth) ..................................... 150 Subdivision 6 Ministerial directions about application 189 Ministerial directions to local government . . . . . . . . . . . . . . . . . . 150 190 Ministerial directions to applicant . . . . . . . . . . . . . . . . . . . . . . . . . 151 Subdivision 7 Changing or withdrawing applications 191 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 192 Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Subdivision 8 Miscellaneous provisions 193 Agreements about master plan . . . . . . . . . . . . . . . . . . . . . . . . . . 152 194 Substantial compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 195 Additional third party advice or comment . . . . . . . . . . . . . . . . . . . 153 196 Modified application of provisions about infrastructure for master plan ...................................... 153 197 Notation of master plan on planning scheme . . . . . . . . . . . . . . . . 154 Division 4 Amending or cancelling master plans 198 Application to amend master plan . . . . . . . . . . . . . . . . . . . . . . . . 155 199 Cancellation of master plan by local government. . . . . . . . . . . . . 155 Chapter 5 Designation of land for community infrastructure Part 1 Preliminary 200 Who may designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 201 Matters to be considered when designating land . . . . . . . . . . . . . 156 202 What designations may include . . . . . . . . . . . . . . . . . . . . . . . . . . 156 203 How IDAS applies to designated land . . . . . . . . . . . . . . . . . . . . . 157 204 Relationship of designation to State Development and Public Works Organisation Act 1971. . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 205 How infrastructure charges apply to designated land . . . . . . . . . 157 206 How designations must be shown in planning schemes . . . . . . . 158 Page 9

 


 

Sustainable Planning Bill 2009 Contents Part 2 Ministerial designations 207 Matters the Minister must consider before designating land . . . . 159 208 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 209 Procedures if designation does not proceed . . . . . . . . . . . . . . . . 161 210 Effects of ministerial designations . . . . . . . . . . . . . . . . . . . . . . . . 162 211 When local government must include designation in planning scheme ...................................... 162 Part 3 Local government designations 212 Designation of land by local government . . . . . . . . . . . . . . . . . . . 162 213 Designating land the local government does not own . . . . . . . . . 163 Part 4 Duration and reconfirmation of designations 214 Duration of designations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 215 When designations do not cease . . . . . . . . . . . . . . . . . . . . . . . . . 164 216 Reconfirming designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Part 5 Repealing designations 217 Who may repeal designations . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 218 Notice of repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 219 Minister or local government to give notice of repeal to particular entities .................................. 166 220 When designation ceases to have effect . . . . . . . . . . . . . . . . . . . 167 221 Local government to note repeal on planning scheme. . . . . . . . . 167 Part 6 Acquiring designated land 222 Request to acquire designated land under hardship . . . . . . . . . . 167 223 Decision about request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 224 Notice about grant of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 225 Notice about refusal of request . . . . . . . . . . . . . . . . . . . . . . . . . . 169 226 Alternative action designator may take. . . . . . . . . . . . . . . . . . . . . 169 227 If the designator does not act under the notice . . . . . . . . . . . . . . 170 228 How value of interest is decided. . . . . . . . . . . . . . . . . . . . . . . . . . 170 Part 7 Delegation of Minister's functions 229 Ministers may delegate particular administrative functions about designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary Division 1 Introduction 230 What is IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 231 Categories of development under Act . . . . . . . . . . . . . . . . . . . . . 171 Page 10

 


 

Sustainable Planning Bill 2009 Contents 232 Regulation may prescribe categories of development or require code or impact assessment . . . . . . . . . . . . . . . . . . . . . . . 172 233 Relationship between regulation and planning scheme, temporary local planning instrument or local law . . . . . . . . . . . . . 173 234 Relationship between sch 1 and planning instruments . . . . . . . . 174 Division 2 Particular provisions about categories of development 235 Exempt development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 236 Self-assessable development. . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 237 Development requiring compliance assessment . . . . . . . . . . . . . 175 238 Assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 239 Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Division 3 Approvals for IDAS Subdivision 1 Preliminary 240 Types of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Subdivision 2 Preliminary approvals 241 Preliminary approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 242 Preliminary approval may affect a local planning instrument . . . . 177 Subdivision 3 Development permits 243 Development permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Subdivision 4 Other matters about development approvals 244 Development approval includes conditions . . . . . . . . . . . . . . . . . 180 245 Development approval attaches to land . . . . . . . . . . . . . . . . . . . . 180 Division 4 Assessment managers and referral agencies Subdivision 1 Assessment managers 246 Who is the assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . 181 247 Role of assessment manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 248 Jurisdiction of local government as assessment manager for particular development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 249 When assessment manager also has jurisdiction as concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Subdivision 2 Referral agencies 250 Who is an advice agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 251 Who is a concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 252 Who is a referral agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 253 Exclusion of particular entities as referral agency for a master planned area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 254 Jurisdiction of referral agencies for applications--generally. . . . . 183 Page 11

 


 

Sustainable Planning Bill 2009 Contents 255 Concurrence agencies if Minister decides assessment manager 183 Subdivision 3 Additional third party advice or comment about applications 256 Assessment manager or concurrence agency may seek advice or comment about application. . . . . . . . . . . . . . . . . . . . . . 184 Division 5 Stages of IDAS 257 Stages of IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Division 6 Application of IDAS in declared master planned areas 258 Exclusion of particular provisions about making application for declared master planned area . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Division 7 Giving notices electronically 259 Giving notices using e-IDAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 Part 2 Application stage Division 1 Application process Subdivision 1 Applying for development approvals 260 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . 186 261 When application is a properly made application . . . . . . . . . . . . . 188 262 Special provision about electronic applications . . . . . . . . . . . . . . 188 263 When owner's consent is required for application . . . . . . . . . . . . 189 264 Development involving a State resource . . . . . . . . . . . . . . . . . . . 190 265 Approved material change of use required for particular developments ................................... 191 Subdivision 2 Notices about receipt of applications 266 Notice about application that is not a properly made application . 191 267 Notice about properly made application . . . . . . . . . . . . . . . . . . . . 192 268 Content of acknowledgement notice . . . . . . . . . . . . . . . . . . . . . . 193 Division 2 End of application stage 269 When does application stage end . . . . . . . . . . . . . . . . . . . . . . . . 194 Part 3 Information and referral stage Division 1 Preliminary 270 Purpose of information and referral stage . . . . . . . . . . . . . . . . . . 194 271 Referral agency responses before application is made . . . . . . . . 195 Division 2 Giving material to referral agencies 272 Applicant gives material to referral agency. . . . . . . . . . . . . . . . . . 195 273 Lapsing of application if material not given . . . . . . . . . . . . . . . . . 196 274 When application taken not to have lapsed . . . . . . . . . . . . . . . . . 197 275 Applicant to advise assessment manager when material given . . 197 Page 12

 


 

Sustainable Planning Bill 2009 Contents Division 3 Information requests 276 Information request to applicant . . . . . . . . . . . . . . . . . . . . . . . . . . 197 277 Extending information request period. . . . . . . . . . . . . . . . . . . . . . 198 278 Applicant responds to any information request . . . . . . . . . . . . . . 199 279 Lapsing of application if no response to information request . . . . 200 280 When application taken not to have lapsed . . . . . . . . . . . . . . . . . 200 281 Referral agency to advise assessment manager of response . . . 201 Division 4 Referral agency assessment Subdivision 1 Assessment generally 282 Referral agency assesses application . . . . . . . . . . . . . . . . . . . . . 201 283 Referral agency's assessment period. . . . . . . . . . . . . . . . . . . . . . 203 284 Extending referral agency's assessment period . . . . . . . . . . . . . . 204 Subdivision 2 Concurrence agency responses 285 When concurrence agency must give response for particular matters ....................................... 204 286 Effect if concurrence agency does not give response . . . . . . . . . 205 287 Concurrence agency's response powers . . . . . . . . . . . . . . . . . . . 205 288 Limitation on concurrence agency's power to refuse application . 206 289 Concurrence agency's response to include reasons for refusal or conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 290 How a concurrence agency may change its response or give late response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Subdivision 3 Advice agency responses 291 When advice agency must give response for particular matters . 209 292 Advice agency's response powers . . . . . . . . . . . . . . . . . . . . . . . . 209 Division 5 End of information and referral stage 293 When does information and referral stage end . . . . . . . . . . . . . . 210 Part 4 Notification stage Division 1 Preliminary 294 Purpose of notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 295 When notification stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . 211 296 When notification stage can start . . . . . . . . . . . . . . . . . . . . . . . . . 212 Division 2 Public notification 297 Applicant or assessment manager to give public notice of application .................................... 213 298 Notification period for applications . . . . . . . . . . . . . . . . . . . . . . . . 214 299 Requirements for particular notices . . . . . . . . . . . . . . . . . . . . . . . 215 Page 13

 


 

Sustainable Planning Bill 2009 Contents 300 Applicant to give assessment manager notice about particular matters ....................................... 216 301 Notice of compliance to be given to assessment manager . . . . . 216 302 Application lapses if notification not carried out or notice of compliance not given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 303 When application taken not to have lapsed . . . . . . . . . . . . . . . . . 217 304 Assessment manager may assess and decide application if some requirements not complied with . . . . . . . . . . . . . . . . . . . . . 217 Division 3 Submissions about applications 305 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 306 Submissions made during notification period effective for later notification period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Division 4 End of notification stage 307 When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . . 219 Part 5 Decision stage Division 1 Preliminary 308 Assessment necessary even if concurrence agency refuses application .................................... 219 309 When does decision stage start . . . . . . . . . . . . . . . . . . . . . . . . . . 220 310 Effect on decision stage if action taken under Native Title Act (Cwlth) ................................... 220 Division 2 Assessment process 311 References in div 2 to planning instrument, code, law or policy. . 221 312 When assessment manager must not assess part of an application ................................... 221 313 Code assessment--generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 314 Impact assessment--generally . . . . . . . . . . . . . . . . . . . . . . . . . . 223 315 Code and impact assessment--superseded planning scheme . . 224 316 Assessment for s 242 preliminary approvals that affect a local planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 317 Assessment manager may give weight to later planning instrument, code, law or policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Division 3 Decision Subdivision 1 Decision-making period 318 Decision-making period--generally . . . . . . . . . . . . . . . . . . . . . . . 227 319 Decision-making period--changed circumstances . . . . . . . . . . . 227 320 Applicant may stop decision-making period to make representations ................................. 228 Page 14

 


 

Sustainable Planning Bill 2009 Contents 321 Applicant may stop decision-making period to request chief executive's assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 322 Decision-making period suspended until approval of master plan 229 Subdivision 2 Decision rules--generally 323 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 324 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 325 Effect of concurrence agency's response. . . . . . . . . . . . . . . . . . . 231 326 Other decision rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Subdivision 3 Decision rules--application under section 242 327 Decision if application under s 242 requires assessment . . . . . . 232 328 Effect of concurrence agency's response. . . . . . . . . . . . . . . . . . . 233 329 Other decision rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 Subdivision 4 Deemed decision for particular applications 330 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 331 Deemed approval of applications . . . . . . . . . . . . . . . . . . . . . . . . . 235 332 Standard conditions for deemed approvals . . . . . . . . . . . . . . . . . 236 333 Limitation on giving deemed approval notice . . . . . . . . . . . . . . . . 237 Division 4 Notice of decision 334 Assessment manager to give notice of decision . . . . . . . . . . . . . 237 335 Content of decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 336 Material to be given with decision notice . . . . . . . . . . . . . . . . . . . 240 337 Assessment manager to give copy of decision notice to principal submitter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 338 Decision notice given by private certifier . . . . . . . . . . . . . . . . . . . 241 Division 5 Approvals 339 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 340 When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 341 When approval lapses if development not started . . . . . . . . . . . . 243 342 When approval lapses if development started but not completed--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 343 When approval lapses if development started but not completed--preliminary approval . . . . . . . . . . . . . . . . . . . . . . . . . 247 Division 6 Conditions 344 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 345 Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . . 248 346 Conditions generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 347 Conditions that can not be imposed . . . . . . . . . . . . . . . . . . . . . . . 249 Page 15

 


 

Sustainable Planning Bill 2009 Contents 348 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 349 Covenants not to be inconsistent with development approvals . . 250 Part 6 Changing or withdrawing development applications Division 1 Preliminary 350 Meaning of minor change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Division 2 Procedure for changing applications 351 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 352 Assessment manager to advise referral agencies about changed applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Division 3 Changed applications--effect on IDAS 353 Effect on IDAS--minor change. . . . . . . . . . . . . . . . . . . . . . . . . . . 253 354 Effect on IDAS--changes about matters relating to submissions or information requests . . . . . . . . . . . . . . . . . . . . . . 254 355 Effect on IDAS--other changes . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Division 4 Withdrawing applications 356 Withdrawing an application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Part 7 Missed referral agencies 357 Notice of missed referral agency . . . . . . . . . . . . . . . . . . . . . . . . . 256 358 Effect of missed referral agency on information and referral stage and notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 359 Effect of missed referral agency on decision stage . . . . . . . . . . . 257 Part 8 Dealing with decision notices and approvals Division 1 Changing decision notices and approvals during applicant's appeal period 360 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 361 Applicant may make representations about decision . . . . . . . . . . 259 362 Assessment manager to consider representations . . . . . . . . . . . 259 363 Decision about representations . . . . . . . . . . . . . . . . . . . . . . . . . . 259 364 Giving new infrastructure charges notice or regulated infrastructure charges notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 365 Giving new regulated State infrastructure charges notice . . . . . . 261 366 Applicant may suspend applicant's appeal period . . . . . . . . . . . . 261 Division 2 Changing approvals--request for change after applicant's appeal period ends Subdivision 1 Preliminary 367 What is a permissible change for a development approval . . . . . 262 368 Notice about proposed change before request is made. . . . . . . . 263 Page 16

 


 

Sustainable Planning Bill 2009 Contents Subdivision 2 Procedure for changing approvals 369 Request to change development approval . . . . . . . . . . . . . . . . . . 263 370 Notice of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 371 When owner's consent required for request . . . . . . . . . . . . . . . . . 265 372 Copy of request to be given to particular entities . . . . . . . . . . . . . 266 Subdivision 3 Assessing and deciding request for change 373 Particular entities to assess request for change. . . . . . . . . . . . . . 266 374 Responsible entity to assess request . . . . . . . . . . . . . . . . . . . . . . 267 375 Responsible entity to decide request . . . . . . . . . . . . . . . . . . . . . . 267 376 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 377 When decision has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Division 3 Changing or cancelling particular conditions--other than on request 378 When condition may be changed or cancelled by assessment manager or concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . 270 Division 4 Cancelling approvals 379 Request to cancel development approval. . . . . . . . . . . . . . . . . . . 272 380 Restriction on making request . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 381 Assessment manager to cancel approval. . . . . . . . . . . . . . . . . . . 273 382 Release of monetary security. . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 Division 5 Extending period of approvals 383 Request to extend period in s 341 . . . . . . . . . . . . . . . . . . . . . . . . 273 384 Request can not be withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 385 Concurrence agency may advise assessment manager about request .................................. 275 386 Deciding particular requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 387 Assessment manager to decide request . . . . . . . . . . . . . . . . . . . 276 388 Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 389 Assessment manager to give notice of decision . . . . . . . . . . . . . 277 390 Approval does not lapse until request is decided . . . . . . . . . . . . . 277 Division 6 Recording approvals on planning scheme 391 Particular approvals to be recorded on planning scheme . . . . . . 278 Part 9 Applying IDAS to mobile and temporary environmentally relevant activities 392 Mobile and temporary environmentally relevant activities . . . . . . 278 Page 17

 


 

Sustainable Planning Bill 2009 Contents Part 10 Compliance stage Division 1 Preliminary 393 Purpose of compliance stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 394 Compliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 395 Compliance certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 396 What does compliance stage apply to . . . . . . . . . . . . . . . . . . . . . 280 397 Nominating a document or work for compliance assessment--generally .......................... 280 398 Nominating document or work for compliance assessment--condition of development approval . . . . . . . . . . . . 281 399 Who may carry out compliance assessment . . . . . . . . . . . . . . . . 282 400 When compliance stage starts . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 Division 2 Compliance assessment Subdivision 1 Request for compliance assessment 401 Request for compliance assessment . . . . . . . . . . . . . . . . . . . . . . 283 Subdivision 2 Referring request to local government 402 Aspects of development requiring compliance assessment to be referred to local government . . . . . . . . . . . . . . . . . . . . . . . . . . 284 Subdivision 3 Compliance assessor to assess and decide request 403 Assessment of request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 404 Assessment of request under superseded planning scheme. . . . 286 405 Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 406 Conditions must be relevant and reasonable . . . . . . . . . . . . . . . . 288 407 Compliance assessor to give compliance permit or certificate on approval of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 408 When notice about decision must be given . . . . . . . . . . . . . . . . . 289 409 Duration and effect of compliance permit . . . . . . . . . . . . . . . . . . . 290 410 When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 Subdivision 4 Lapsing of request 411 When request for compliance assessment lapses . . . . . . . . . . . . 291 Division 3 Changing notices, compliance permits and certificates 412 Changing and withdrawing action notice . . . . . . . . . . . . . . . . . . . 292 413 Changing compliance permit or compliance certificate . . . . . . . . 293 414 When decision about change has effect. . . . . . . . . . . . . . . . . . . . 294 Division 4 Other matters 415 Regulation may prescribe additional requirements and actions . . 294 Page 18

 


 

Sustainable Planning Bill 2009 Contents 416 Effect on deciding request if action taken under Native Title Act 1993 (Cwlth) .................................. 294 Part 11 Ministerial IDAS powers Division 1 Ministerial directions 417 Ministerial directions to assessment managers--future applications .................................... 295 418 Ministerial directions to assessment managers--particular applications .................................... 296 419 Ministerial directions to assessment managers--conditions . . . . 298 420 Ministerial directions to concurrence agencies. . . . . . . . . . . . . . . 298 421 Ministerial directions to applicants . . . . . . . . . . . . . . . . . . . . . . . . 300 422 Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Division 2 Ministerial call in powers 423 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 424 When a development application may be called in. . . . . . . . . . . . 301 425 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 426 Minister's action on calling in application . . . . . . . . . . . . . . . . . . . 303 427 Effect of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 428 Original assessment manager to assist Minister . . . . . . . . . . . . . 304 429 Minister's decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 430 Provision for application called in by regional planning Minister . 305 431 Process if call in decision does not deal with all aspects of the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 432 Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 433 Report about compliance with development approval . . . . . . . . . 307 Part 12 Miscellaneous provision 434 Refunding fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court Division 1 Establishment and jurisdiction of court 435 Continuance of Planning and Environment Court . . . . . . . . . . . . 308 436 Jurisdiction of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 437 Proceedings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Division 2 Powers of court 438 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 439 Contempt and contravention of orders . . . . . . . . . . . . . . . . . . . . . 309 440 How court may deal with matters involving non- compliance . . . . 310 Page 19

 


 

Sustainable Planning Bill 2009 Contents 441 Terms of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 442 Taking and recording evidence etc. . . . . . . . . . . . . . . . . . . . . . . . 310 Division 3 Constituting court 443 Constituting court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 444 Jurisdiction of judges not impaired . . . . . . . . . . . . . . . . . . . . . . . . 311 Division 4 Rules and orders or directions about proceedings 445 Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 446 Orders or directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 Division 5 Parties to proceedings and court sittings 447 Where court may sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 448 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 449 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 450 What happens if judge dies or is incapacitated . . . . . . . . . . . . . . 313 451 Stating case for Court of Appeal's opinion . . . . . . . . . . . . . . . . . . 313 Division 6 Registry and other court officers 452 Registrars and other court officers . . . . . . . . . . . . . . . . . . . . . . . . 314 453 Registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 454 Court records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 455 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 Division 7 Other court matters 456 Court may make declarations and orders. . . . . . . . . . . . . . . . . . . 315 457 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 458 Privileges, protection and immunity . . . . . . . . . . . . . . . . . . . . . . . 318 459 Payment of witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 460 Evidence of local planning instruments or master plans . . . . . . . 319 Division 8 Appeals to court relating to development applications and approvals 461 Appeals by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 462 Appeals by submitters--general. . . . . . . . . . . . . . . . . . . . . . . . . . 320 463 Additional and extended appeal rights for submitters for particular development applications . . . . . . . . . . . . . . . . . . . . . . . 321 464 Appeals by advice agency submitters . . . . . . . . . . . . . . . . . . . . . 322 465 Appeals about decisions relating to extensions for approvals . . . 322 466 Appeals about decisions relating to permissible changes . . . . . . 323 467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency . . . . . . . . . . . . . . . 323 Page 20

 


 

Sustainable Planning Bill 2009 Contents Division 9 Appeals to court about compliance assessment 468 Appeals against decision on request for compliance assessment 324 469 Appeals against condition imposed on compliance permit or certificate .................................. 324 470 Appeals against particular decisions about compliance assessment ................................... 324 Division 10 Appeals to court about other matters 471 Appeal by applicant for approval of a proposed master plan . . . . 325 472 Appeal about extension of period under s 98 . . . . . . . . . . . . . . . . 325 473 Appeals against enforcement notices. . . . . . . . . . . . . . . . . . . . . . 326 474 Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . . 326 475 Appeals against local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 476 Appeals against decisions on compensation claims . . . . . . . . . . 327 477 Appeals against decisions on requests to acquire designated land under hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 478 Appeals about particular charges for infrastructure . . . . . . . . . . . 328 479 Appeals from building and development committees . . . . . . . . . . 329 480 Court may remit matter to building and development committee . 329 Division 11 Making an appeal to court 481 How appeals to the court are started . . . . . . . . . . . . . . . . . . . . . . 329 482 Notice of appeal to other parties--development applications and approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 483 Notice of appeals to other parties--compliance assessment. . . . 332 484 Notice of appeal to other parties--other matters . . . . . . . . . . . . . 332 485 Respondent and co-respondents for appeals under div 8 . . . . . . 333 486 Respondent and co-respondents for appeals under div 9 . . . . . . 334 487 Respondent and co-respondents for appeals under div 10 . . . . . 335 488 How an entity may elect to be a co-respondent . . . . . . . . . . . . . . 335 489 Minister entitled to be party to an appeal involving a State interest ....................................... 336 490 Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . . 336 Division 12 Alternative dispute resolution 491 ADR process applies to proceedings started under this part . . . . 336 Division 13 Court process for appeals 492 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 493 Who must prove case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 494 Court may hear appeals together. . . . . . . . . . . . . . . . . . . . . . . . . 338 Page 21

 


 

Sustainable Planning Bill 2009 Contents 495 Appeal by way of hearing anew . . . . . . . . . . . . . . . . . . . . . . . . . . 339 496 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 497 Court may allow longer period to take an action . . . . . . . . . . . . . 341 Division 14 Appeals to Court of Appeal 498 Who may appeal to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . 341 499 When leave to appeal must be sought and appeal made . . . . . . 341 500 Power of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 501 Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . . 342 Part 2 Building and development dispute resolution committees Division 1 Establishment, constitution and jurisdiction of committees 502 Establishing building and development dispute resolution committees ...................................... 343 503 Consultation about multiple member committees . . . . . . . . . . . . 344 504 Same members to continue for duration of committee. . . . . . . . . 344 505 Referee with conflict of interest not to be member of committee . 344 506 Referee not to act as member of committee in particular cases . 345 507 Remuneration of members of committee . . . . . . . . . . . . . . . . . . . 345 508 Jurisdiction of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 Division 2 Other officials of building and development committees 509 Appointment of registrar and other officers . . . . . . . . . . . . . . . . . 346 Division 3 Committee declarations Subdivision 1 Declarations 510 Declaration about whether development application is properly made ........................................ 347 511 Declaration about acknowledgement notices . . . . . . . . . . . . . . . . 347 512 Declaration about lapsing of request for compliance assessment 348 513 Declaration about change to development approval . . . . . . . . . . 348 Subdivision 2 Proceedings for declarations 514 How proceedings for declarations are started . . . . . . . . . . . . . . . 349 515 Fast-track proceedings for declarations . . . . . . . . . . . . . . . . . . . . 349 516 Notice of proceedings to other parties . . . . . . . . . . . . . . . . . . . . . 350 517 Respondent for declarations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 518 Minister entitled to be represented in proceeding involving a State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Page 22

 


 

Sustainable Planning Bill 2009 Contents Division 4 Appeals to committees about development applications and approvals Subdivision 1 Appeals about particular material changes of use 519 Appeal by applicant--particular development application for material change of use of premises . . . . . . . . . . . . . . . . . . . . . . . 352 520 Appeal about decision relating to extension for development approval ...................................... 353 521 Appeal about decisions relating to permissible changes . . . . . . . 353 Subdivision 2 Appeals about conditions of particular development approvals 522 Appeal by applicant--condition of particular development approval ...................................... 354 Division 5 Appeals to committees about compliance assessment 523 Appeal against decision on request for compliance assessment . 355 524 Appeal against condition imposed on compliance permit or certificate .................................... 356 525 Appeals against particular decisions about compliance assessment .............................. 356 Division 6 Appeals to committees about building, plumbing and drainage and other matters Subdivision 1 Preliminary 526 Matters about which a person may appeal under div 6 . . . . . . . . 357 Subdivision 2 Appeals about development applications and approvals 527 Appeals by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 528 Appeal by advice agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 529 Appeal about decision relating to extension for development approval ...................................... 359 530 Appeal about decision relating to permissible changes . . . . . . . . 359 531 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency ......... 360 Subdivision 3 Other matters 532 Appeals for building and plumbing and drainage matters . . . . . . 360 533 Appeals against enforcement notices. . . . . . . . . . . . . . . . . . . . . . 361 534 Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . . 361 Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure . . . . . . . . . . . . . . . . . . . 362 Division 8 Making appeals to building and development committees 536 How appeals to committees are started . . . . . . . . . . . . . . . . . . . . 363 537 Fast-track appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 Page 23

 


 

Sustainable Planning Bill 2009 Contents 538 Notice of appeal to other parties (under other Acts) . . . . . . . . . . 364 539 Notice of appeal to other parties (div 4) . . . . . . . . . . . . . . . . . . . . 364 540 Notice of appeal to other parties (div 5) . . . . . . . . . . . . . . . . . . . . 365 541 Notice of appeal to other parties (div 6) . . . . . . . . . . . . . . . . . . . . 366 542 Notice of appeal to other parties (s 535) . . . . . . . . . . . . . . . . . . . 368 543 Respondent and co-respondents for appeals under s 519, 522 or 527 .................................... 368 544 Respondent and co-respondents for appeals under s 520 or 529 ...................................... 368 545 Respondent and co-respondents for appeals under s 521 or 530 369 546 Respondent and co-respondents for appeals under s 528. . . . . . 369 547 Respondent and co-respondents for appeals under s 531, 532, 533 or 535 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 548 Respondent and co-respondents for appeals under div 5 . . . . . . 370 549 How a person may elect to be co-respondent . . . . . . . . . . . . . . . 371 550 Respondent and co-respondents to be heard in appeal . . . . . . . 371 551 Registrar must ask assessment manager for material in particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371 552 Minister entitled to be represented in an appeal involving a State interest ...................................... 371 553 Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . . 372 Division 9 Process for appeals or proceedings for declarations in building and development committees 554 Establishing a building and development committee . . . . . . . . . . 372 555 Procedures of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 556 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 557 Committee may allow longer period to take an action . . . . . . . . . 373 558 Appeal or other proceedings may be by hearing or written submission ................................... 374 559 Appeals or other proceedings by hearing. . . . . . . . . . . . . . . . . . . 374 560 Right to representation at hearing . . . . . . . . . . . . . . . . . . . . . . . . 374 561 Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 562 Appeals or other proceedings by written submission . . . . . . . . . . 375 563 Matters committee may consider in making a decision . . . . . . . . 376 564 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376 565 Committee may make orders about declaration. . . . . . . . . . . . . . 377 566 Declaration decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 Page 24

 


 

Sustainable Planning Bill 2009 Contents 567 When decision may be made without representation or submission .................................. 378 568 Notice of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378 569 Publication of committee decisions . . . . . . . . . . . . . . . . . . . . . . . 378 Division 10 Referees 570 Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 571 Qualifications of general referees. . . . . . . . . . . . . . . . . . . . . . . . . 379 572 Term of referee's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 379 573 General referee to make declaration . . . . . . . . . . . . . . . . . . . . . . 380 Part 3 Provisions about offences, notices and orders Division 1 Particular offences and exemptions Subdivision 1 Development offences 574 Self-assessable development must comply with codes . . . . . . . . 381 575 Carrying out development without compliance permit . . . . . . . . . 381 576 Compliance with compliance permit or compliance certificate. . . 381 577 Making request for compliance assessment . . . . . . . . . . . . . . . . 382 578 Carrying out assessable development without permit . . . . . . . . . 382 579 Particular assessable development must comply with codes. . . . 382 580 Compliance with development approval . . . . . . . . . . . . . . . . . . . . 383 581 Offence to carry out prohibited development . . . . . . . . . . . . . . . . 383 582 Offences about the use of premises. . . . . . . . . . . . . . . . . . . . . . . 384 583 Compliance with master plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 384 Subdivision 2 Exemptions 584 General exemption for emergency development or use . . . . . . . . 385 585 Coastal emergency exemption for operational work that is tidal works ......................................... 385 586 Exemption for building work on Queensland heritage place or local heritage place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387 Subdivision 3 False or misleading documents or declarations 587 False or misleading document or declaration. . . . . . . . . . . . . . . . 388 Division 2 Show cause notices 588 Giving show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 589 General requirements of show cause notice . . . . . . . . . . . . . . . . 390 Division 3 Enforcement notices 590 Giving enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390 591 Restriction on giving enforcement notice . . . . . . . . . . . . . . . . . . . 392 592 Specific requirements of enforcement notice . . . . . . . . . . . . . . . . 392 Page 25

 


 

Sustainable Planning Bill 2009 Contents 593 General requirements of enforcement notices . . . . . . . . . . . . . . . 393 594 Offences relating to enforcement notices . . . . . . . . . . . . . . . . . . . 394 595 Processing application or request required by enforcement notice or show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 596 Assessing authority may take action . . . . . . . . . . . . . . . . . . . . . . 395 Division 4 Offence proceedings in Magistrates Court 597 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395 598 Proceeding brought in a representative capacity . . . . . . . . . . . . . 396 599 Magistrates Court may make orders . . . . . . . . . . . . . . . . . . . . . . 396 600 Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . 397 Division 5 Enforcement orders of court 601 Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 602 Proceeding brought in a representative capacity . . . . . . . . . . . . . 398 603 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 399 604 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 605 Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 606 Court's powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 607 Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . 401 Division 6 Application of Acts 608 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 Part 4 Legal proceedings Division 1 Proceedings 609 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 402 610 Limitation on time for starting proceedings. . . . . . . . . . . . . . . . . . 402 611 Executive officers must ensure corporation complies with Act. . . 402 Division 2 Fines and costs 612 When fines payable to local government . . . . . . . . . . . . . . . . . . . 403 613 Order for compensation or remedial action . . . . . . . . . . . . . . . . . 404 614 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . 404 Division 3 Evidence 615 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 616 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 617 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 618 Matter coming to complainant's knowledge . . . . . . . . . . . . . . . . . 406 619 Instruments, equipment and installations . . . . . . . . . . . . . . . . . . . 406 620 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 Page 26

 


 

Sustainable Planning Bill 2009 Contents 621 Evidence of planning instruments or notices of designation . . . . 406 622 Planning instruments presumed to be within jurisdiction . . . . . . . 407 623 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 624 Responsibility for acts or omissions of representatives . . . . . . . . 408 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding Division 1 Preliminary 625 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 Division 2 Non-trunk infrastructure 626 Conditions local governments may impose for non-trunk infrastructure ................................. 410 Division 3 Trunk infrastructure 627 Priority infrastructure plans for trunk infrastructure . . . . . . . . . . . 410 628 Local government must review its priority infrastructure plan every 5 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 629 Funding trunk infrastructure for local governments . . . . . . . . . . . 411 Division 4 Trunk infrastructure funding under an infrastructure charges schedule 630 Preparing and making or amending infrastructure charges schedules ..................................... 412 631 Key elements of an infrastructure charges schedule . . . . . . . . . . 413 632 Infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 633 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 634 When infrastructure charges are payable. . . . . . . . . . . . . . . . . . . 416 635 Application of infrastructure charges . . . . . . . . . . . . . . . . . . . . . . 417 636 Accounting for infrastructure charges. . . . . . . . . . . . . . . . . . . . . . 417 637 Agreements about, and alternatives to, paying infrastructure charges ......................................... 418 638 Local government may supply different trunk infrastructure from that identified in a priority infrastructure plan . . . . . . . . . . . . . . . . 419 639 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . 419 Division 5 Trunk infrastructure funding under a regulated infrastructure charges schedule 640 Regulated infrastructure charge . . . . . . . . . . . . . . . . . . . . . . . . . . 420 641 Adopting and notifying regulated infrastructure charges schedule ..................................... 420 642 Regulated infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . 421 643 Regulated infrastructure charges notice. . . . . . . . . . . . . . . . . . . . 422 Page 27

 


 

Sustainable Planning Bill 2009 Contents 644 When regulated infrastructure charges are payable. . . . . . . . . . . 423 645 Application of regulated infrastructure charges . . . . . . . . . . . . . . 423 646 Accounting for regulated infrastructure charges. . . . . . . . . . . . . . 423 647 Agreements about, and alternatives to, paying regulated infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 648 Regulated infrastructure charges taken to be a rate . . . . . . . . . . 424 Division 6 Conditions local governments may impose for necessary trunk infrastructure 649 Conditions local governments may impose for necessary trunk infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 Division 7 Conditions local governments may impose for additional trunk infrastructure costs 650 Conditions local governments may impose for additional trunk infrastructure costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 651 Local government additional trunk infrastructure costs in priority infrastructure areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 652 Local government additional trunk infrastructure costs outside priority infrastructure areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Division 8 Conditions State infrastructure providers may impose for infrastructure 653 Conditions State infrastructure provider may impose. . . . . . . . . . 431 654 Requirements for conditions about safety or efficiency . . . . . . . . 433 655 Requirements for conditions about additional infrastructure costs ........................................ 434 656 State infrastructure provider additional infrastructure costs in priority infrastructure areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 657 State infrastructure provider additional infrastructure costs outside priority infrastructure areas . . . . . . . . . . . . . . . . . . . . . . . 436 Division 9 Miscellaneous 658 Agreements for infrastructure partnerships . . . . . . . . . . . . . . . . . 437 659 Sale of particular land held on trust by local governments. . . . . . 438 Part 2 Infrastructure agreements 660 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 661 Content of infrastructure agreements. . . . . . . . . . . . . . . . . . . . . . 440 662 Copy of infrastructure agreements to be given to local government ................................. 441 663 When infrastructure agreements bind successors in title. . . . . . . 441 664 Exercise of discretion unaffected by infrastructure agreements . . 442 665 Infrastructure agreements prevail if inconsistent with particular instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442 Page 28

 


 

Sustainable Planning Bill 2009 Contents Part 3 Funding of State infrastructure in master planned areas 666 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 667 Power to make regulated State infrastructure charges schedule for master planned area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 668 Content of regulated State infrastructure charges schedule . . . . 443 669 Regulated State infrastructure charges notice . . . . . . . . . . . . . . . 444 670 When regulated State infrastructure charge is payable . . . . . . . . 445 671 Application of regulated State infrastructure charges. . . . . . . . . . 445 672 Accounting for regulated State infrastructure charges . . . . . . . . . 445 673 Infrastructure agreements about, and alternatives to paying regulated State infrastructure charges . . . . . . . . . . . . . . . . . . . . . 445 674 Recovery of regulated State infrastructure charges . . . . . . . . . . . 446 Part 4 Changing notices 675 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 676 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 677 Representations about notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 678 Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . 447 679 Decision about representations . . . . . . . . . . . . . . . . . . . . . . . . . . 448 680 Suspension of relevant appeal period . . . . . . . . . . . . . . . . . . . . . 449 Chapter 9 Miscellaneous Part 1 Existing uses and rights protected 681 Lawful uses of premises on commencement . . . . . . . . . . . . . . . . 450 682 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . 450 683 Lawfully constructed buildings and works protected . . . . . . . . . . 451 684 New planning instruments can not affect existing development approvals or compliance permits . . . . . . . . . . . . . . . . . . . . . . . . . 451 685 Implied and uncommenced right to use premises protected . . . . 451 686 State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 687 Particular development may still be assessable or self-assessable development or development requiring compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 Part 2 Environmental impact statements Division 1 Preliminary 688 When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 689 Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 Division 2 EIS process 690 Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . 456 Page 29

 


 

Sustainable Planning Bill 2009 Contents 691 Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . 456 692 Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458 693 Preparation of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 694 Public notification of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 695 Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . 461 696 Chief executive evaluates draft EIS, submissions and other relevant material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462 697 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 698 Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 699 Required content of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 700 Who the chief executive must give EIS and other material to . . . 464 Division 3 How EIS process affects IDAS 701 How IDAS applies for development the subject of an EIS . . . . . . 464 Division 4 How EIS process affects designation 702 Matters a designator must consider . . . . . . . . . . . . . . . . . . . . . . . 466 Part 3 Compensation 703 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466 704 Compensation for reduced value of interest in land . . . . . . . . . . . 466 705 Compensation for interest in land being changed to public purpose ...................................... 469 706 Limitations on compensation under ss 704 and 705 . . . . . . . . . . 469 707 Compensation for erroneous planning and development certificates ...................................... 471 708 Time limits for claiming compensation . . . . . . . . . . . . . . . . . . . . . 472 709 Time limits for deciding and advising on claims . . . . . . . . . . . . . . 472 710 Deciding claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . 473 711 Calculating reasonable compensation involving changes . . . . . . 473 712 When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . 475 713 Payment of compensation to be recorded on title . . . . . . . . . . . . 475 Part 4 Power to purchase, take or enter land for planning purposes 714 Local government may take or purchase land . . . . . . . . . . . . . . . 475 715 Power of assessment manager or other entity to enter land in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476 716 Compensation for loss or damage . . . . . . . . . . . . . . . . . . . . . . . . 477 Part 5 Public housing 717 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 Page 30

 


 

Sustainable Planning Bill 2009 Contents 718 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 719 How IDAS applies to development under pt 5 . . . . . . . . . . . . . . . 478 720 How charges for infrastructure apply for development under pt 5 478 721 Chief executive must publicly notify particular proposed development .................................... 479 722 Chief executive must advise local government about all development ..................................... 479 Part 6 Public access to planning and development information Division 1 Preliminary 723 Meaning of available for inspection and purchase . . . . . . . . . . . . 480 Division 2 Documents available for inspection and purchase or inspection only Subdivision 1 Requirements for local governments 724 Documents local government must keep available for inspection and purchase--general . . . . . . . . . . . . . . . . . . . . . . . . 481 725 Documents local government must keep available for inspection and purchase--master plan applications . . . . . . . . . . 486 726 Documents local government must keep available for inspection and purchase--compliance assessment . . . . . . . . . . 487 727 Documents local government must keep available for inspection only .................................. 488 Subdivision 2 Requirements for assessment managers 728 Documents assessment manager must keep available for inspection and purchase--development application . . . . . . . . . . 489 729 Documents assessment manager must keep available for inspection and purchase--general . . . . . . . . . . . . . . . . . . . . . . . . 490 730 Documents assessment manager must keep available for inspection only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493 Subdivision 3 Requirements for referral agencies 731 Documents referral agency must keep available for inspection only ................................. 494 Subdivision 4 Requirements for chief executive 732 Documents chief executive must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495 733 Documents chief executive must keep available for inspection only ......................................... 497 Subdivision 5 Requirements for compliance assessors 734 Documents compliance assessor must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498 735 Documents compliance assessor must keep available for inspection only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499 Page 31

 


 

Sustainable Planning Bill 2009 Contents Division 3 Local governments to publish particular information about development applications 736 Publishing particular information about development application. 500 Division 4 Planning and development certificates 737 Application for planning and development certificate . . . . . . . . . . 501 738 Limited planning and development certificates . . . . . . . . . . . . . . 501 739 Standard planning and development certificates . . . . . . . . . . . . . 502 740 Full planning and development certificates . . . . . . . . . . . . . . . . . 503 741 Time within which planning and development certificate must be given ...................................... 504 742 Effect of planning and development certificate. . . . . . . . . . . . . . . 505 Part 7 Notification stage for particular aquaculture development Division 1 Preliminary 743 Purpose of notification stage under pt 7. . . . . . . . . . . . . . . . . . . . 505 744 When notification stage under pt 7 applies . . . . . . . . . . . . . . . . . 506 745 When can notification stage start . . . . . . . . . . . . . . . . . . . . . . . . . 507 Division 2 Public notification 746 Public notice of proposed development . . . . . . . . . . . . . . . . . . . . 507 747 Notification period for development applications . . . . . . . . . . . . . 508 748 Requirements for particular notices . . . . . . . . . . . . . . . . . . . . . . . 508 749 Notice of compliance to be given to assessment manager and concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 750 Assessment manager may assess and decide application if some requirements not complied with . . . . . . . . . . . . . . . . . . . . . 509 751 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 752 Submissions made during notification period effective for later notification period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Division 3 End of notification stage 753 When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . . 511 Division 4 Changed referral agency provisions for applications to which this part applies 754 Referral agency must not respond before notification stage ends 511 755 Adjusted referral agency's assessment period . . . . . . . . . . . . . . . 512 Part 8 General 756 Giving electronic submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 512 757 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . 513 758 References to Planning and Environment Court and judge of the court in other Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513 Page 32

 


 

Sustainable Planning Bill 2009 Contents 759 Minister may make guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . 513 760 Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . . 514 761 Delegation by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515 762 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515 763 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515 Chapter 10 Repeal and transitional provisions Part 1 Repeal provision 764 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Part 2 Transitional provisions Division 1 Preliminary 765 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Division 2 Provisions for State planning instruments 766 Continuing effect of State planning regulatory provisions . . . . . . 517 767 Making or amending State planning regulatory provisions under repealed IPA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517 768 Continuing effect of regional plans . . . . . . . . . . . . . . . . . . . . . . . . 517 769 Making or amending regional plans under repealed IPA . . . . . . . 518 770 Continuing effect of particular directions and notices. . . . . . . . . . 518 771 Continuation of regional planning advisory committees . . . . . . . . 518 772 Continuation of regional coordination committees . . . . . . . . . . . . 519 773 Continuing effect of particular State planning policies . . . . . . . . . 519 774 Continuing effect of State planning policy having effect for less than 1 year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519 775 Making or amending State planning policies under repealed IPA 520 776 Notification requirements do not apply for making particular State planning instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Division 3 Provisions for local planning instruments 777 Relationship between standard planning scheme provisions and particular instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 521 778 Continuing effect of planning schemes. . . . . . . . . . . . . . . . . . . . . 522 779 Making or amending planning schemes under repealed IPA . . . . 523 780 Continuing superseded planning schemes . . . . . . . . . . . . . . . . . 523 781 Reviewing planning schemes and priority infrastructure plans. . . 523 782 Continuing effect of temporary local planning instruments. . . . . . 524 783 Making temporary local planning instruments under repealed IPA 524 784 Repealing particular temporary local planning instruments . . . . . 525 785 Continuing effect of planning scheme policies . . . . . . . . . . . . . . . 525 Page 33

 


 

Sustainable Planning Bill 2009 Contents 786 Making or amending planning scheme policies under repealed IPA ................................. 526 787 Repealing particular planning scheme policies . . . . . . . . . . . . . . 526 788 Particular notices and directions under repealed IPA . . . . . . . . . . 526 Division 4 Provisions for planning partnerships 789 Master planned areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 790 Structure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 791 Making structure plan under repealed IPA . . . . . . . . . . . . . . . . . . 528 792 Application of s 149 to particular structure plans . . . . . . . . . . . . . 528 793 Master plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 794 Applications for approval or amendment of master plans under repealed IPA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529 795 Continuation of particular agreements . . . . . . . . . . . . . . . . . . . . . 530 796 Continuation of particular local government resolutions. . . . . . . . 530 797 Master plans prevail over conditions of rezoning approvals under the repealed LGP&E Act . . . . . . . . . . . . . . . . . . . . . . . . . . 530 Division 5 Provisions for designations of community infrastructure 798 Designation of community infrastructure . . . . . . . . . . . . . . . . . . . 531 799 Designation of land under repealed IPA . . . . . . . . . . . . . . . . . . . . 531 800 Continuing request to acquire designated land under repealed IPA .................................. 532 Division 6 Provisions for integrated development assessment system 801 Continuing effect of development approvals. . . . . . . . . . . . . . . . . 532 802 Development applications under repealed IPA. . . . . . . . . . . . . . . 532 803 Dealing with existing applications under other Acts . . . . . . . . . . . 533 804 Continuing application of repealed IPA, s 5.1.25(1) . . . . . . . . . . . 534 805 Request about application of superseded planning schemes . . . 534 806 Particular acknowledgement notices . . . . . . . . . . . . . . . . . . . . . . 534 807 Application of repealed IPA, ch 3, pt 5, div 4 . . . . . . . . . . . . . . . . 535 808 Preliminary approvals under repealed IPA . . . . . . . . . . . . . . . . . . 535 809 Requests to extend period under repealed IPA, s 3.5.21 . . . . . . . 536 810 Changing development approvals under repealed IPA. . . . . . . . . 536 811 Request to cancel development approval. . . . . . . . . . . . . . . . . . . 537 812 Particular condition of development approvals . . . . . . . . . . . . . . . 537 813 Continuation of agreements under repealed IPA, s 3.5.34 . . . . . . 537 814 Directions and call in powers under repealed IPA . . . . . . . . . . . . 538 815 Continuing effect of repealed IPA, ch 3, pt 7 . . . . . . . . . . . . . . . . 538 Page 34

 


 

Sustainable Planning Bill 2009 Contents Division 7 Provisions for appeals and enforcement Subdivision 1 Planning and Environment Court 816 Appointments of judges continue . . . . . . . . . . . . . . . . . . . . . . . . . 538 817 Rules of court and directions continue . . . . . . . . . . . . . . . . . . . . . 539 818 Proceedings for declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539 819 Appeals to court--generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539 820 Proceedings for particular declarations and appeals . . . . . . . . . . 541 821 Application of repealed IPA, s 4.1.52 . . . . . . . . . . . . . . . . . . . . . . 542 822 Appeals to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542 Subdivision 2 Building and development tribunals 823 Establishment of tribunal under repealed IPA. . . . . . . . . . . . . . . . 543 824 Continuation of appointment as general or aesthetics referee . . . 543 825 Continuation of appointment as registrar or other officer . . . . . . . 544 826 Application of ch 7, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 827 Appeals to tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544 828 Application of repealed IPA, s 4.2.33 . . . . . . . . . . . . . . . . . . . . . . 545 Subdivision 3 Show cause notices and enforcement notices 829 Show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546 830 Enforcement notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546 Subdivision 4 Legal proceedings 831 Proceedings for offences, and orders. . . . . . . . . . . . . . . . . . . . . . 546 832 Enforcement orders of the court. . . . . . . . . . . . . . . . . . . . . . . . . . 547 Division 8 Provisions about infrastructure Subdivision 1 Preliminary 833 Charges for infrastructure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547 Subdivision 2 Infrastructure planning and funding 834 Priority infrastructure plans for existing planning schemes . . . . . 548 835 Continuing effect of priority infrastructure plans . . . . . . . . . . . . . . 548 836 Infrastructure charges schedules . . . . . . . . . . . . . . . . . . . . . . . . . 548 837 Regulated infrastructure charges schedules . . . . . . . . . . . . . . . . 549 838 Continued application of particular provisions about charges . . . 549 839 Application of ch 8, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 Subdivision 3 Infrastructure agreements 840 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550 Page 35

 


 

Sustainable Planning Bill 2009 Contents Subdivision 4 Funding of State infrastructure in master planned areas 841 Regulated State infrastructure charges schedules and agreements ................................... 550 Division 9 Provisions about matters under repealed IPA, chapter 5 842 Claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550 843 Keeping particular documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 551 844 Planning and development certificates. . . . . . . . . . . . . . . . . . . . . 552 845 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552 846 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552 Division 10 Provisions about matters under repealed IPA, chapter 6 847 Planning scheme policies for infrastructure . . . . . . . . . . . . . . . . . 552 848 Conditions about infrastructure for particular applications . . . . . . 554 849 Appeals about infrastructure contributions . . . . . . . . . . . . . . . . . . 555 850 Conditions attaching to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556 851 Applications in progress under transitional planning schemes. . . 556 852 Applications to change conditions of rezoning approvals under repealed LGP&E Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557 853 Development approvals prevail over conditions of rezoning approvals under repealed LGP&E Act . . . . . . . . . . . . . . . . . . . . . 557 854 Notice under repealed IPA, s 6.1.44. . . . . . . . . . . . . . . . . . . . . . . 558 855 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558 856 Rezoning agreements under previous Acts . . . . . . . . . . . . . . . . . 559 857 Development control plans under repealed LGP&E Act. . . . . . . . 559 858 Transition of validated planning documents to master planning documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 859 Local Government (Robina Central Planning Agreement) Act 1992 ......................................... 562 860 Town planning certificates may be used as evidence. . . . . . . . . . 563 861 Orders in council about particular land. . . . . . . . . . . . . . . . . . . . . 563 862 Application of repealed IPA, s 6.1.54 . . . . . . . . . . . . . . . . . . . . . . 563 863 Provision for infrastructure charges plans . . . . . . . . . . . . . . . . . . 564 Division 11 Provisions for SEQ regional plan 864 Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564 865 References in SEQ regional plan and regulatory provisions . . . . 565 866 Structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565 Division 12 Miscellaneous 867 Provision for particular development applications--local heritage places .................................... 566 Page 36

 


 

Sustainable Planning Bill 2009 Contents 868 Particular activities not a material change of use . . . . . . . . . . . . . 567 869 Deferment of application of s 578 to particular material changes of use ................................. 567 870 References to repealed IPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 871 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 568 Chapter 11 Amendments of Acts 872 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568 Schedule 1 Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 569 Schedule 2 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575 Aboriginal Cultural Heritage Act 2003 . . . . . . . . . . . . . . . . . . . . . 575 Airport Assets (Restructuring and Disposal) Act 2008 . . . . . . . . . 575 Body Corporate and Community Management Act 1997. . . . . . . 582 Brisbane Forest Park Act 1977. . . . . . . . . . . . . . . . . . . . . . . . . . . 583 Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583 Building and Construction Industry (Portable Long Service Leave) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596 Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . 599 Century Zinc Project Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 599 Child Care Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 600 Dangerous Goods Safety Management Act 2001 . . . . . . . . . . . . 609 Domestic Building Contracts Act 2000 . . . . . . . . . . . . . . . . . . . . . 609 Electricity Act 1994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609 Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 610 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 614 Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615 Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 624 Iconic Queensland Places Act 2008. . . . . . . . . . . . . . . . . . . . . . . 625 Inala Shopping Centre Freeholding Act 2006. . . . . . . . . . . . . . . . 632 Integrated Resort Development Act 1987 . . . . . . . . . . . . . . . . . . 633 Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633 Land Protection (Pest and Stock Route Management) Act 2002 . 634 Land Sales Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635 Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636 Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638 Page 37

 


 

Sustainable Planning Bill 2009 Contents Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643 Major Sports Facilities Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 644 Marine Parks Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645 Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 645 Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 646 National Trust of Queensland Act 1963 . . . . . . . . . . . . . . . . . . . . 647 Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 Nuclear Facilities Prohibition Act 2007 . . . . . . . . . . . . . . . . . . . . . 647 Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 648 Planning (Urban Encroachment--Milton Brewery) Act 2009 . . . . 649 Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 650 Private Health Facilities Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . 651 Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 652 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652 Queensland Building Services Authority Act 1991 . . . . . . . . . . . . 656 Queensland Heritage Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 656 Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 658 South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 660 South East Queensland Water (Restructuring) Act 2007 . . . . . . . 662 Southern Moreton Bay Islands Development Entitlements Protection Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664 State Development and Public Works Organisation Act 1971 . . . 668 Torres Strait Islander Cultural Heritage Act 2003 . . . . . . . . . . . . . 674 Townsville City Council (Douglas Land Development) Act 1993 . 674 Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 675 Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 678 Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 679 Transport (South Bank Corporation Area Land) Act 1999 . . . . . . 679 Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 680 Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685 Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 685 Vegetation Management (Regrowth Clearing Moratorium) Act 2009 ......................................... 692 Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694 Page 38

 


 

Sustainable Planning Bill 2009 Contents Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 701 Wet Tropics World Heritage Protection and Management Act 1993 .......................................... 704 Wild Rivers Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709 Page 39

 


 

 

2009 A Bill for An Act for a framework to integrate planning and development assessment so that development and its effects are managed in a way that is ecologically sustainable, and for related purposes

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Sustainable Planning Act 2009. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Purpose and advancing the 8 purpose 9 3 Purpose of Act 10 The purpose of this Act is to seek to achieve ecological 11 sustainability by-- 12 (a) managing the process by which development takes 13 place, including ensuring the process is accountable, 14 effective and efficient and delivers sustainable 15 outcomes; and 16 (b) managing the effects of development on the 17 environment, including managing the use of premises; 18 and 19 Page 42

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 2 Purpose and advancing the purpose [s 4] (c) continuing the coordination and integration of planning 1 at the local, regional and State levels. 2 4 Advancing Act's purpose 3 (1) If, under this Act, a function or power is conferred on an 4 entity, the entity must-- 5 (a) unless paragraph (b) or (c) applies--perform the 6 function or exercise the power in a way that advances 7 this Act's purpose; or 8 (b) if the entity is an assessment manager other than a local 9 government--in assessing and deciding a matter under 10 this Act, have regard to this Act's purpose; or 11 (c) if the entity is a referral agency other than a local 12 government (unless the local government is acting as a 13 referral agency under devolved or delegated 14 powers)--in assessing and deciding a matter under this 15 Act, have regard to this Act's purpose. 16 (2) Subsection (1) does not apply to code assessment or 17 compliance assessment under this Act. 18 5 What advancing Act's purpose includes 19 (1) Advancing this Act's purpose includes-- 20 (a) ensuring decision-making processes-- 21 (i) are accountable, coordinated, effective and 22 efficient; and 23 (ii) take account of short and long-term environmental 24 effects of development at local, regional, State and 25 wider levels, including, for example, the effects of 26 development on climate change; and 27 (iii) apply the precautionary principle; and 28 (iv) seek to provide for equity between present and 29 future generations; and 30 Page 43

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 2 Purpose and advancing the purpose [s 5] (b) ensuring the sustainable use of renewable natural 1 resources and the prudent use of non-renewable natural 2 resources by, for example, considering alternatives to 3 the use of non-renewable natural resources; and 4 (c) avoiding, if practicable, or otherwise lessening, adverse 5 environmental effects of development, including, for 6 example-- 7 (i) climate change and urban congestion; and 8 (ii) adverse effects on human health; and 9 (d) considering housing choice and diversity, and economic 10 diversity; and 11 (e) supplying infrastructure in a coordinated, efficient and 12 orderly way, including encouraging urban development 13 in areas where adequate infrastructure exists or can be 14 provided efficiently; and 15 (f) applying standards of amenity, conservation, energy, 16 health and safety in the built environment that are 17 cost-effective and for the public benefit; and 18 (g) providing opportunities for community involvement in 19 decision making. 20 (2) For subsection (1)(a)(iii), the precautionary principle is the 21 principle that lack of full scientific certainty should not be 22 used as a reason for postponing a measure to prevent 23 degradation of the environment if there are threats of serious 24 or irreversible environmental damage. 25 (3) In this section-- 26 natural resources includes biological, energy, extractive, 27 land and water resources that are important to economic 28 development because of their contribution to employment 29 generation and wealth creation. 30 Page 44

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 6] Part 3 Interpretation 1 Division 1 Dictionary 2 6 Definitions 3 The dictionary in schedule 3 defines particular words used in 4 this Act. 5 Division 2 Key definitions 6 7 Meaning of development 7 Development is any of the following-- 8 (a) carrying out building work; 9 (b) carrying out plumbing or drainage work; 10 (c) carrying out operational work; 11 (d) reconfiguring a lot; 12 (e) making a material change of use of premises. 13 8 Meaning of ecological sustainability 14 Ecological sustainability is a balance that integrates-- 15 (a) protection of ecological processes and natural systems 16 at local, regional, State and wider levels; and 17 (b) economic development; and 18 (c) maintenance of the cultural, economic, physical and 19 social wellbeing of people and communities. 20 9 Meaning of lawful use 21 A use of premises is a lawful use of the premises if-- 22 Page 45

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (a) the use is a natural and ordinary consequence of making 1 a material change of use of the premises; and 2 (b) the making of the material change of use was in 3 compliance with this Act. 4 Division 3 Supporting definitions and 5 explanations for key definitions 6 10 Definitions for terms used in development 7 (1) In this Act-- 8 building work-- 9 1 Building work means-- 10 (a) building, repairing, altering, underpinning 11 (whether by vertical or lateral support), moving or 12 demolishing a building or other structure; or 13 (b) work regulated under the building assessment 14 provisions, other than IDAS; or 15 (c) excavating or filling-- 16 (i) for, or incidental to, the activities mentioned 17 in paragraph (a); or 18 (ii) that may adversely affect the stability of a 19 building or other structure, whether on the 20 land on which the building or other structure 21 is situated or on adjoining land; or 22 (d) supporting (whether vertically or laterally) land for 23 activities mentioned in paragraph (a). 24 2 Building work, for administering IDAS in relation to a 25 Queensland heritage place, includes any of the 26 following-- 27 (a) altering, repairing, maintaining or moving a built, 28 natural or landscape feature on the place; 29 Page 46

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (b) excavating, filling or other disturbances to land that 1 damage, expose or move archaeological artefacts, 2 as defined under the Queensland Heritage Act 3 1992, on the place; 4 (c) altering, repairing or removing artefacts that 5 contribute to the place's cultural heritage 6 significance, including, for example, furniture and 7 fittings; 8 (d) altering, repairing or removing building finishes 9 that contribute to the place's cultural heritage 10 significance, including, for example, paint, 11 wallpaper and plaster. 12 3 Building work, for administering IDAS in relation to a 13 Queensland heritage place, does not include 14 development for which an exemption certificate has 15 been issued under the Queensland Heritage Act 1992. 16 4 Building work does not include undertaking-- 17 (a) operations of any kind and all things constructed or 18 installed that allow taking or interfering with 19 water, other than using a water truck to pump 20 water, under the Water Act 2000; or 21 (b) tidal works; or 22 (c) work for reconfiguring a lot. 23 Example for paragraph (c)-- 24 building a retaining wall 25 lot means-- 26 (a) a lot under the Land Title Act 1994; or 27 (b) a separate, distinct parcel of land for which an interest is 28 recorded in a register under the Land Act 1994; or 29 (c) common property for a community titles scheme under 30 the Body Corporate and Community Management Act 31 1997; or 32 Page 47

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (d) a lot or common property to which the Building Units 1 and Group Titles Act 1980 continues to apply; or 2 (e) a community or precinct thoroughfare under the Mixed 3 Use Development Act 1993; or 4 (f) a primary or secondary thoroughfare under the 5 Integrated Resort Development Act 1987 or the 6 Sanctuary Cove Resort Act 1985. 7 Note-- 8 The Building Units and Group Titles Act 1980 may continue to 9 apply to the following Acts-- 10 · Integrated Resort Development Act 1987 11 · Mixed Use Development Act 1993 12 · Registration of Plans (H.S.P. (Nominees) Pty. Limited) 13 Enabling Act 1980 14 · Registration of Plans (Stage 2) (H.S.P. (Nominees) 15 Pty. Limited) Enabling Act 1984 16 · Sanctuary Cove Resort Act 1985. 17 material change of use, of premises, means-- 18 (a) generally-- 19 (i) the start of a new use of the premises; or 20 (ii) the re-establishment on the premises of a use that 21 has been abandoned; or 22 (iii) a material increase in the intensity or scale of the 23 use of the premises; or 24 (b) for administering IDAS in relation to an 25 environmentally relevant activity, other than for a 26 mining activity, a chapter 5A activity or a mobile and 27 temporary environmentally relevant activity-- 28 (i) the start of a new environmentally relevant activity 29 on the premises; or 30 (ii) an increase in the threshold of an environmentally 31 relevant activity on the premises; or 32 Page 48

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (iii) the re-establishment on the premises of an 1 environmentally relevant activity that has been 2 abandoned; or 3 (iv) a material increase in the intensity or scale of an 4 environmentally relevant activity on the premises; 5 or 6 (c) the continuation of an environmentally relevant activity 7 on the premises if-- 8 (i) an approval for the activity ceases to have effect 9 because of the operation of the Environmental 10 Protection Act, section 619(2)(e) or 624(2)(b); or 11 (ii) there is no development approval for the activity 12 and it was, at any time before 4 October 2004, 13 carried out without an environmental authority as 14 required under the Environmental Protection Act; 15 or 16 (d) the continuation on the premises, of an environmentally 17 relevant activity, carried out under an approval 18 mentioned in the Environmental Protection Act, section 19 624(1)(b); or 20 (e) the continuation of an activity on the premises, after the 21 activity becomes an environmentally relevant activity, 22 if-- 23 (i) there is no development approval for the activity; 24 and 25 (ii) the activity was, at any time before it became an 26 environmentally relevant activity, lawfully carried 27 out on the premises while there was no 28 development approval for the activity. 29 operational work-- 30 1 Operational work means-- 31 (a) extracting gravel, rock, sand or soil from the place 32 where it occurs naturally; or 33 Page 49

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (b) conducting a forest practice; or 1 (c) excavating or filling that materially affects 2 premises or their use; or 3 (d) placing an advertising device on premises; or 4 (e) undertaking work in, on, over or under premises 5 that materially affects premises or their use; or 6 (f) clearing vegetation, including vegetation to which 7 the Vegetation Management Act applies; or 8 (g) undertaking operations of any kind and all things 9 constructed or installed that allow taking or 10 interfering with water, other than using a water 11 truck to pump water, under the Water Act 2000; or 12 (h) undertaking-- 13 (i) tidal works; or 14 (ii) work in a coastal management district; or 15 (i) constructing or raising waterway barrier works; or 16 (j) performing work in a declared fish habitat area; or 17 (k) removing, destroying or damaging a marine plant; 18 or 19 (l) undertaking roadworks on a local government 20 road. 21 2 Operational work does not include-- 22 (a) for item 1(a) to (f) and (j), any element of work 23 that is-- 24 (i) building work; or 25 (ii) drainage work; or 26 (iii) plumbing work; or 27 (b) clearing vegetation on-- 28 (i) a forest reserve under the Nature 29 Conservation Act 1992; or 30 Page 50

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 10] (ii) a protected area under the Nature 1 Conservation Act 1992, section 28; or 2 (iii) an area declared as a State forest or timber 3 reserve under the Forestry Act 1959; or 4 (iv) a forest entitlement area under the Land Act 5 1994. 6 reconfiguring a lot means-- 7 (a) creating lots by subdividing another lot; or 8 (b) amalgamating 2 or more lots; or 9 (c) rearranging the boundaries of a lot by registering a plan 10 of subdivision; or 11 (d) dividing land into parts by agreement rendering different 12 parts of a lot immediately available for separate 13 disposition or separate occupation, other than by an 14 agreement that is-- 15 (i) a lease for a term, including renewal options, not 16 exceeding 10 years; or 17 (ii) an agreement for the exclusive use of part of the 18 common property for a community titles scheme 19 under the Body Corporate and Community 20 Management Act 1997; or 21 (e) creating an easement giving access to a lot from a 22 constructed road. 23 (2) For the definition of building work in subsection (1), item 24 1(b), work includes a management procedure or other activity 25 relating to a building or structure even though the activity 26 does not involve a structural change to the building or 27 structure. 28 Example-- 29 a management procedure under the fire safety standard under the 30 Building Act relating to a budget accommodation building 31 Page 51

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 11] 11 Explanation of terms used in ecological sustainability 1 For section 8-- 2 (a) ecological processes and natural systems are protected 3 if-- 4 (i) the life-supporting capacities of air, ecosystems, 5 soil and water are conserved, enhanced or restored 6 for present and future generations; and 7 (ii) biological diversity is protected; and 8 (b) economic development takes place if there are diverse, 9 efficient, resilient and strong economies (including 10 local, regional and State economies) enabling 11 communities to meet their present needs while not 12 compromising the ability of future generations to meet 13 their needs; and 14 (c) the cultural, economic, physical and social wellbeing of 15 people and communities is maintained if-- 16 (i) well-serviced and healthy communities with 17 affordable, efficient, safe and sustainable 18 development are created and maintained; and 19 (ii) areas and places of special aesthetic, architectural, 20 cultural, historic, scientific, social or spiritual 21 significance are conserved or enhanced; and 22 (iii) integrated networks of pleasant and safe public 23 areas for aesthetic enjoyment and cultural, 24 recreational or social interaction are provided; and 25 (iv) potential adverse impacts on climate change are 26 taken into account for development, and sought to 27 be addressed through sustainable development, 28 including, for example, sustainable settlement 29 patterns and sustainable urban design. 30 Page 52

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 3 Interpretation [s 12] Division 4 General matters 1 12 Meaning of words in Act prevail over planning 2 instruments 3 If a word in a planning instrument has a meaning that is 4 inconsistent with the meaning of the same word in this Act, 5 the meaning of the word in this Act prevails to the extent of 6 the inconsistency. 7 13 References in Act to particular terms 8 In a provision of this Act about a development application, a 9 reference to-- 10 (a) the applicant is a reference to the person who made the 11 application; and 12 (b) development, or the development, is a reference to 13 development the subject of the application; and 14 (c) the assessment manager is a reference to the assessment 15 manager for the application; and 16 (d) a referral agency, concurrence agency or advice agency 17 is a reference to a referral agency, concurrence agency 18 or advice agency for the application; and 19 (e) the local government is a reference to the local 20 government for the local government area where the 21 development is proposed; and 22 (f) an information request is a reference to an information 23 request for assessing the application; and 24 (g) the acknowledgement notice is a reference to the 25 acknowledgement notice for the application; and 26 (h) a referral agency's response is a reference to a referral 27 agency's response for the application; and 28 (i) the development approval is a reference to the 29 development approval for the application; and 30 Page 53

 


 

Sustainable Planning Bill 2009 Chapter 1 Preliminary Part 4 Application of Act [s 14] (j) the land is a reference to the land the subject of the 1 application; and 2 (k) the premises is a reference to the premises the subject of 3 the application; and 4 (l) the planning scheme is a reference to the planning 5 scheme for the locality where the development is 6 proposed; and 7 (m) a submitter is a reference to a submitter for the 8 application; and 9 (n) the decision notice or negotiated decision notice is a 10 reference to the decision notice or negotiated decision 11 notice for the application. 12 Part 4 Application of Act 13 14 Act binds all persons 14 (1) This Act binds all persons, including the State and, to the 15 extent the legislative power of the Parliament permits, the 16 Commonwealth and the other States. 17 (2) However, the Commonwealth or a State can not be prosecuted 18 for an offence against this Act. 19 (3) Subsection (1) does not apply to the functions and powers of 20 the Coordinator-General under the State Development and 21 Public Works Organisation Act 1971. 22 Page 54

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 1 Preliminary [s 15] Chapter 2 State planning instruments 1 Part 1 Preliminary 2 15 State planning instruments under Act 3 The following are State planning instruments under this Act-- 4 (a) a State planning regulatory provision; 5 (b) a regional plan; 6 (c) a State planning policy; 7 (d) the standard planning scheme provisions. 8 Part 2 State planning regulatory 9 provisions 10 Division 1 Preliminary 11 16 What is a State planning regulatory provision 12 (1) A State planning regulatory provision is an instrument made 13 under division 2 and part 6 for an area to advance the purpose 14 of this Act by-- 15 (a) providing regulatory support for regional planning or 16 master planning; or 17 (b) providing for a charge for the supply of infrastructure; 18 or 19 (c) protecting planning scheme areas from adverse impacts. 20 Page 55

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 2 State planning regulatory provisions [s 17] (2) A State planning regulatory provision includes a draft State 1 planning regulatory provision that under section 73 has effect 2 as a State planning regulatory provision. 3 Note-- 4 See also section 858 (Transition of validated planning documents to 5 master planning documents). 6 17 Status of State planning regulatory provision 7 (1) A State planning regulatory provision is a statutory instrument 8 under the Statutory Instruments Act 1992 and has the force of 9 law as provided for under this Act. 10 (2) A State planning regulatory provision is not subordinate 11 legislation. 12 18 State interest 13 For this Act, a State planning regulatory provision is taken to 14 be a State interest. 15 19 Relationship with other instruments 16 (1) If there is an inconsistency between a State planning 17 regulatory provision and another planning instrument, or any 18 plan, policy or code under an Act, the State planning 19 regulatory provision prevails to the extent of the 20 inconsistency. 21 (2) A State planning regulatory provision may suspend or 22 otherwise affect the operation of another planning instrument, 23 but does not amend the planning instrument. 24 Page 56

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 2 State planning regulatory provisions [s 20] Division 2 General matters about State 1 planning regulatory provisions 2 20 Power to make State planning regulatory provision 3 (1) The Minister may make a State planning regulatory provision 4 for the State or a part of the State (a relevant area) if the 5 Minister is satisfied the provision is necessary-- 6 (a) to implement a regional plan or a structure plan for a 7 declared master planned area; or 8 (b) to prevent a compromise of the implementation of-- 9 (i) a proposed regional plan for a designated region or 10 a proposed designated region; or 11 (ii) a structure plan or proposed structure plan for a 12 master planned area or a proposed master planned 13 area; or 14 (c) to provide for-- 15 (i) a regulated infrastructure charges schedule for the 16 supply of trunk infrastructure, under section 640; 17 or 18 (ii) a regulated State infrastructure charges schedule 19 for a master planned area, under section 667. 20 (2) The Minister also may make a State planning regulatory 21 provision if the Minister is satisfied-- 22 (a) there is a significant risk of serious environmental harm 23 or serious adverse cultural, economic or social 24 conditions happening in a planning scheme area; and 25 (b) giving a direction under section 126 would not be the 26 most appropriate way to address the risk. 27 (3) The Minister and an eligible Minister may jointly make a 28 State planning regulatory provision for the State or a part of 29 the State (also a relevant area) if-- 30 Page 57

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 2 State planning regulatory provisions [s 21] (a) the matter to which the State planning regulatory 1 provision relates is a matter administered by the eligible 2 Minister; and 3 (b) the Minister is satisfied-- 4 (i) there is a significant risk of serious environmental 5 harm or serious adverse cultural, economic or 6 social conditions happening in a planning scheme 7 area; and 8 (ii) giving a direction under section 126 would not be 9 the most appropriate way to address the risk. 10 Note-- 11 Section 858 (Transition of validated planning documents to master 12 planning documents) also allows the making of State planning 13 regulatory provisions. 14 21 Content of State planning regulatory provision 15 A State planning regulatory provision may-- 16 (a) declare development to be-- 17 (i) self-assessable development; or 18 (ii) development requiring compliance assessment; or 19 (iii) assessable development; or 20 (iv) prohibited development; and 21 (b) require impact or code assessment, or both impact and 22 code assessment, for assessable development, including 23 assessable development mentioned in paragraph (a); and 24 (c) include a code for IDAS, or other criteria for the 25 assessment of development applications; and 26 (d) otherwise regulate development by, for example, stating 27 aspects of development that may not take place in stated 28 localities until-- 29 Page 58

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 22] (i) a stated structure plan within a planning scheme or 1 another stated planning instrument has been made; 2 or 3 (ii) a stated master plan has been approved; or 4 (iii) a stated development application has been 5 approved; and 6 (e) state transitional arrangements for development 7 applications or master plan applications affected by the 8 provision; and 9 (f) provide for a matter mentioned in section 20. 10 Note-- 11 For other matters that may be included in a State planning regulatory 12 provision, see chapter 6, part 10 (Compliance stage). 13 Part 3 Regional plans 14 Division 1 Preliminary 15 22 What is a designated region 16 (1) A designated region is-- 17 (a) the local government areas, or the parts of local 18 government areas, prescribed as a designated region 19 under a regulation; and 20 (b) Queensland waters adjacent to the local government 21 areas or parts. 22 (2) A regulation under subsection (1)(a) must give a name to each 23 designated region it prescribes. 24 Page 59

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 23] Division 2 Regional plans for designated 1 regions 2 Subdivision 1 Preliminary 3 23 What is a regional plan 4 A regional plan, for a designated region, is an instrument 5 that-- 6 (a) is made under subdivision 2 and part 6 by the regional 7 planning Minister for the region; and 8 (b) advances the purpose of this Act by providing an 9 integrated planning policy for the region. 10 24 Status of regional plan 11 A regional plan is a statutory instrument under the Statutory 12 Instruments Act 1992 and has the force of law as provided for 13 under this Act. 14 25 State interest 15 For this Act, a designated region's regional plan is taken to be 16 a State interest. 17 26 Relationship with other instruments 18 (1) This section does not apply to a State planning regulatory 19 provision. 20 (2) An entity responsible for preparing or amending a planning 21 instrument, or a plan, policy or code under an Act, that may 22 affect a matter under section 28 must-- 23 (a) in preparing the planning instrument, plan, policy or 24 code, or the amendment of the planning instrument, 25 Page 60

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 27] plan, policy or code, take account of the region's 1 regional plan; and 2 (b) state in the planning instrument, plan, policy or code 3 how the planning instrument, plan, policy or code, or the 4 amendment of the planning instrument, plan, policy or 5 code, will reflect the region's regional plan for the 6 matters under section 28. 7 (3) If there is an inconsistency between a regional plan and 8 another planning instrument or any other plan, policy or code 9 under an Act, the regional plan prevails to the extent of the 10 inconsistency. 11 Subdivision 2 Requirement to make, and key 12 elements of, regional plans 13 27 Requirement to make regional plan 14 The regional planning Minister for a designated region must 15 make a regional plan for the region. 16 28 Key elements of regional plan 17 The regional planning Minister for a designated region must 18 be satisfied its regional plan-- 19 (a) identifies-- 20 (i) the desired regional outcomes for the region; and 21 (ii) the policies and actions for achieving the desired 22 regional outcomes; and 23 (b) identifies the desired future spatial structure of the 24 region including-- 25 (i) a future regional land use pattern; and 26 (ii) provision for regional infrastructure to service the 27 future regional land use pattern, to inform-- 28 Page 61

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 29] (A) local governments when preparing priority 1 infrastructure plans; and 2 (B) the State, local governments and other 3 entities about infrastructure plans and 4 investments; and 5 (iii) key regional environmental, economic and cultural 6 resources to be preserved, maintained or 7 developed; and 8 (iv) the way the resources are to be preserved, 9 maintained or developed; and 10 (v) for paragraph (b)(iii), regional landscape areas; and 11 (c) includes any other relevant regional planning matter for 12 this Act. 13 Subdivision 3 Requirement to amend planning 14 schemes to reflect regional plans 15 29 Amending planning schemes to reflect regional plan 16 (1) This section applies to a local government if its local 17 government area or part of its area is prescribed under section 18 22(1) as a designated region, unless the regional planning 19 Minister for the region gives the local government a written 20 direction to the contrary. 21 (2) The local government must amend its planning scheme, under 22 the process stated in the guideline mentioned in section 23 117(1), to reflect the designated region's regional plan as 24 made, amended or replaced. 25 (3) The regional planning Minister for the designated region may 26 amend the planning scheme if-- 27 (a) the regional planning Minister is satisfied a local 28 government must amend its planning scheme under 29 subsection (2); and 30 Page 62

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 30] (b) the local government has not, within 90 business days 1 after the day notice of the making of the designated 2 region's regional plan was gazetted-- 3 (i) made the amendment; or 4 (ii) complied with the guideline mentioned in section 5 117(1) to the extent it requires the local 6 government to give the Minister a copy of the 7 proposed amendment. 8 (4) Anything done by the regional planning Minister under 9 subsection (3) is taken to have been done by the local 10 government and has the same effect as it would have had if 11 the local government had done it. 12 (5) An expense reasonably incurred by the regional planning 13 Minister in taking an action under subsection (3) may be 14 recovered from the local government as a debt owing to the 15 State. 16 (6) The regional planning Minister may, in writing, extend the 17 period mentioned in subsection (3)(b). 18 (7) Nothing in this section affects or is affected by chapter 3, part 19 6. 20 Division 3 Regional planning committees 21 30 What are regions 22 In this Act-- 23 (a) there are no fixed geographical areas of the State 24 constituting regions, other than designated regions; and 25 (b) a region may include the combined area of all or parts of 26 2 or more local government areas and an area not 27 included in a local government area. 28 Page 63

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 31] 31 Establishment of regional planning committee 1 (1) The Minister may establish as many regional planning 2 committees as the Minister considers appropriate. 3 (2) The regional planning Minister for a designated region must 4 establish a regional planning committee for the region. 5 (3) However, subsection (4) applies if-- 6 (a) there is a regional planning committee for a region that 7 is not a designated region; and 8 (b) the area covered by the region is the same or 9 substantially the same as a designated region. 10 (4) The regional planning committee for the region is taken to be 11 the regional planning committee established for the 12 designated region. 13 (5) Before establishing a regional planning committee for a 14 region that is not a designated region, the Minister must-- 15 (a) prepare draft terms of reference for the proposed 16 committee; and 17 (b) identify the proposed region and local governments 18 likely to be affected by the advice of the proposed 19 committee; and 20 (c) consult with the local governments and interest groups 21 the Minister considers appropriate about-- 22 (i) the draft terms of reference, including the term of 23 the proposed committee; and 24 (ii) the membership of the proposed committee; and 25 (iii) the extent of their, the Commonwealth's and the 26 State's, proposed participation in, and support for, 27 the proposed committee. 28 (6) In establishing a regional planning committee for a region that 29 is not a designated region, the Minister must state-- 30 (a) the committee's name; and 31 (b) the membership of the committee; and 32 Page 64

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 32] (c) the area covered by the region for which the committee 1 is established; and 2 (d) the committee's terms of reference. 3 32 Functions of regional planning committee 4 (1) The functions of a regional planning committee for a region 5 that is not a designated region are the functions stated in the 6 committee's terms of reference. 7 (2) The function of a designated region's regional planning 8 committee is to advise the regional planning Minister for the 9 region about the development and implementation of the 10 region's regional plan. 11 33 Membership of regional planning committee 12 (1) A designated region's regional planning committee has the 13 membership decided by the regional planning Minister for the 14 region and notified in the gazette. 15 (2) A member of a designated region's regional planning 16 committee must be-- 17 (a) a Minister; or 18 (b) a mayor or councillor of a local government of the 19 region; or 20 (c) a person who has the appropriate qualifications, 21 experience or standing to be a member of the 22 committee. 23 (3) However, this section does not apply if section 31(4) applies 24 to the designated region. 25 (4) The membership of a regional planning committee for a 26 region that is not a designated region-- 27 (a) may be identified in general or specific terms; and 28 Page 65

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 3 Regional plans [s 34] (b) without limiting the scope of possible membership, 1 must include representatives of appropriate local 2 governments. 3 (5) However, a local government may elect not to be represented 4 on a regional planning committee for a region that is not a 5 designated region. 6 34 Changing particular committee 7 After consulting the regional planning committee for a region 8 that is not a designated region and any other entities the 9 Minister considers appropriate, the Minister may change any 10 aspect of the committee, including, for example, its name, 11 membership, region and terms of reference. 12 35 Dissolution of regional planning committee 13 (1) The Minister may dissolve the regional planning committee 14 for a region that is not a designated region at any time. 15 (2) The regional planning Minister for a designated region may 16 dissolve its regional planning committee at any time. 17 36 Quorum 18 A quorum for a meeting of a regional planning committee is 1 19 more than half the number of members of the committee. 20 37 Presiding at meetings 21 (1) The regional planning Minister for a designated region 22 presides at all meetings of its regional planning committee. 23 (2) If the regional planning Minister for the designated region is 24 absent, the member nominated by the regional planning 25 Minister must preside. 26 Page 66

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 4 State planning policies [s 38] 38 Conduct of meetings 1 (1) Meetings of a designated region's regional planning 2 committee must be conducted at the time and place the 3 regional planning Minister for the region decides. 4 (2) A regional planning committee must conduct its business and 5 proceedings at meetings in the way it decides. 6 39 Reports of particular committee 7 A regional planning committee for a region that is not a 8 designated region must report its findings under its terms of 9 reference to the Minister and the local governments of its 10 region. 11 Part 4 State planning policies 12 Division 1 Preliminary 13 40 What is a State planning policy 14 A State planning policy is an instrument that-- 15 (a) is made under division 2 and part 6, or division 3; and 16 (b) advances the purpose of this Act by stating the State's 17 policy about a matter of State interest. 18 41 Status of State planning policy 19 A State planning policy is a statutory instrument under the 20 Statutory Instruments Act 1992 and has the force of law as 21 provided for under this Act. 22 Page 67

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 4 State planning policies [s 42] 42 Area to which State planning policy applies 1 A State planning policy has effect throughout the State unless 2 the policy states otherwise. 3 43 Relationship with local planning instruments 4 If there is an inconsistency between a State planning policy 5 and a local planning instrument, the State planning policy 6 prevails to the extent of the inconsistency. 7 Division 2 General matters about State 8 planning policies 9 44 Power to make State planning policy--generally 10 (1) The Minister may, under part 6, make a State planning policy. 11 (2) Also, the Minister and an eligible Minister may, under part 6, 12 jointly make a State planning policy if the State interest 13 addressed by the policy is a matter administered by the 14 eligible Minister. 15 45 Duration of State planning policy made under pt 6 16 (1) A State planning policy mentioned in section 44 ceases to 17 have effect on-- 18 (a) the day the policy is repealed under part 6; or 19 (b) the day that is 10 years after the day the policy had 20 effect. 21 (2) Despite subsection (1)(b), if a day for the ending of the State 22 planning policy is prescribed under a regulation made before 23 the period mentioned in the subsection ends, the policy ends 24 on the prescribed day. 25 (3) The prescribed day must not be more than 12 years after the 26 day the State planning policy had effect. 27 Page 68

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 4 State planning policies [s 46] Division 3 Temporary State planning policies 1 46 Power to make temporary State planning policy 2 (1) The Minister may, under section 47, make a State planning 3 policy (a temporary State planning policy) if the Minister 4 considers the policy is urgently required to protect or give 5 effect to a State interest. 6 (2) Also, the Minister and an eligible Minister may, under section 7 47, jointly make a State planning policy (also a temporary 8 State planning policy) if-- 9 (a) the State interest addressed by the policy is a matter 10 administered by the eligible Minister; and 11 (b) the Minister considers the policy is urgently required to 12 protect or give effect to the State interest. 13 (3) Part 6, divisions 1 to 3, do not apply to the making of a 14 temporary State planning policy. 15 47 Making temporary State planning policy 16 (1) The Minister, or the Minister and an eligible Minister jointly, 17 may make a temporary State planning policy by publishing a 18 notice about the policy-- 19 (a) in the gazette; and 20 (b) if the policy is to have effect throughout the State--in a 21 newspaper circulating generally in the State; and 22 (c) if the policy is to have effect only in a part of the 23 State--in a newspaper circulating generally in the part. 24 (2) If the Minister and an eligible Minister propose to jointly 25 make a temporary State planning policy, the policy is validly 26 made if-- 27 (a) the eligible Minister publishes a notice about the policy 28 under subsection (1); and 29 Page 69

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 4 State planning policies [s 48] (b) the policy is endorsed by the Minister and the eligible 1 Minister before the eligible Minister publishes the 2 notice. 3 (3) The notice mentioned in subsection (1) must state the 4 following-- 5 (a) the name of the State planning policy; 6 (b) if the policy applies only to a particular part of the 7 State--the name of the part or other information 8 necessary to adequately describe the part; 9 (c) the period for which the policy has effect; 10 (d) where a copy of the policy may be inspected and 11 purchased. 12 48 Effect of temporary State planning policy 13 A temporary State planning policy may suspend or otherwise 14 affect the operation of a State planning policy, but does not 15 amend the State planning policy. 16 49 Duration of temporary State planning policy 17 A temporary State planning policy has effect for-- 18 (a) 1 year after the day it is made; or 19 (b) if the policy states a lesser period of effect--the lesser 20 period. 21 Page 70

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 5 Standard planning scheme provisions [s 50] Part 5 Standard planning scheme 1 provisions 2 Division 1 Preliminary 3 50 What are standard planning scheme provisions 4 The standard planning scheme provisions are the provisions 5 that-- 6 (a) are made under division 2 and part 6 by the Minister; 7 and 8 (b) advance the purpose of this Act by providing for-- 9 (i) a consistent structure for planning schemes; and 10 (ii) standard provisions for implementing integrated 11 planning at the local level. 12 51 Status of standard planning scheme provisions 13 The instrument consisting of the standard planning scheme 14 provisions is a statutory instrument under the Statutory 15 Instruments Act 1992 and has the force of law as provided for 16 under this Act. 17 52 Effect of standard planning scheme provisions 18 The standard planning scheme provisions do not regulate or 19 affect development unless, under section 53, the provisions 20 have effect in a planning scheme area. 21 53 Relationship with local planning instruments 22 If a local planning instrument for a planning scheme area is 23 inconsistent with the standard planning scheme provisions, 24 the standard planning scheme provisions-- 25 Page 71

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 5 Standard planning scheme provisions [s 54] (a) prevail to the extent of the inconsistency; and 1 (b) have effect in place of the local planning instrument, but 2 only to the extent of the inconsistency and to the extent 3 the instrument applies in the planning scheme area. 4 Division 2 General matters about standard 5 planning scheme provisions 6 54 Power to make standard planning scheme provisions 7 The Minister may make standard planning scheme provisions 8 for the whole of the State. 9 55 Local governments to amend planning schemes to reflect 10 standard planning scheme provisions 11 (1) A local government must ensure each of its local planning 12 instruments is consistent with the standard planning scheme 13 provisions. 14 (2) If the standard planning scheme provisions are amended, the 15 local government must amend its planning scheme under the 16 process stated in the guideline mentioned in section 117(1) to 17 reflect the standard planning scheme provisions as amended. 18 (3) The Minister may amend the planning scheme if-- 19 (a) the Minister is satisfied a local government must amend 20 its planning scheme under subsection (2); and 21 (b) the local government has not, within 90 business days 22 after the day notice of the making of the amended 23 standard planning scheme provisions was gazetted-- 24 (i) made the amendment; or 25 (ii) complied with the guideline mentioned in section 26 117(1) to the extent it requires the local 27 government to give the Minister a copy of the 28 proposed amendment. 29 Page 72

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 56] (4) Anything done by the Minister under subsection (3) is taken 1 to have been done by the local government and has the same 2 effect as it would have had if the local government had done 3 it. 4 (5) An expense reasonably incurred by the Minister in taking an 5 action under subsection (3) may be recovered from the local 6 government as a debt owing to the State. 7 (6) The Minister may, in writing, extend the period mentioned in 8 subsection (3)(b). 9 (7) Subsection (2) does not apply to a local government if, under 10 section 129, the Minister amends the local government's 11 planning scheme to reflect the standard planning scheme 12 provisions as amended. 13 (8) Subject to subsection (7), nothing in this section affects or is 14 affected by chapter 3, part 6. 15 Part 6 Making, amending and 16 repealing State planning 17 instruments 18 Division 1 Preliminary 19 56 Process for making, amending or repealing State 20 planning instrument 21 (1) The process stated in this part must be followed for making, 22 amending or repealing a State planning instrument. 23 (2) A regulation may state an additional requirement to be 24 followed for making, amending or repealing a State planning 25 instrument. 26 Page 73

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 57] (3) If a regulation under subsection (2) states an additional 1 requirement, the requirement must be complied with. 2 57 Compliance with divs 2 and 3 3 Despite divisions 2 and 3, if a State planning instrument is 4 made or amended in substantial compliance with the process 5 stated in the divisions, the State planning instrument or 6 amendment is valid so long as any noncompliance has not-- 7 (a) adversely affected the awareness of the public of the 8 existence and nature of the proposed State planning 9 instrument or amendment; or 10 (b) restricted the opportunity of the public to make properly 11 made submissions about the proposed instrument or 12 amendment under the process stated in the divisions. 13 Division 2 Process for making State planning 14 instruments 15 58 Preparation of draft instrument 16 (1) Before making a State planning instrument, the Minister must 17 prepare a draft of the proposed instrument. 18 (2) In preparing a draft regional plan, the regional planning 19 Minister must consult with the region's regional planning 20 committee about preparing the draft. 21 (3) In subsection (1)-- 22 Minister means-- 23 (a) if the State planning instrument is to be jointly made by 24 the Minister and an eligible Minister--the eligible 25 Minister; or 26 (b) otherwise--the Minister proposing to make the State 27 planning instrument. 28 Page 74

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 59] 59 Endorsing particular draft instrument 1 (1) Subsection (2) applies if a draft State planning regulatory 2 provision or State planning policy is prepared by an eligible 3 Minister. 4 (2) The Minister and the eligible Minister must endorse the 5 instrument before the eligible Minister acts under section 60. 6 60 Notice about draft instrument 7 (1) The Minister who prepared the draft State planning 8 instrument must publish a notice-- 9 (a) in the gazette; and 10 (b) if the draft instrument is to have effect throughout the 11 State or is made for the whole of the State--in a 12 newspaper circulating generally in the State; and 13 (c) if the draft instrument is to have effect only in a part of 14 the State--in a newspaper circulating generally in the 15 part. 16 (2) The notice must state the following-- 17 (a) that the draft State planning instrument is available for 18 inspection and purchase; 19 (b) where copies of the draft instrument may be inspected 20 and purchased; 21 (c) a contact telephone number for information about the 22 draft instrument; 23 (d) that written submissions about any aspect of the draft 24 instrument may be given by any person to the Minister 25 who prepared the draft; 26 (e) the period (the consultation period) during which the 27 submissions may be made; 28 (f) the requirements for a properly made submission. 29 (3) The consultation period must be for at least-- 30 Page 75

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 61] (a) for a draft regional plan--60 business days after the day 1 the notice is gazetted; or 2 (b) for a draft State planning regulatory provision--30 3 business days after the day the notice is gazetted; or 4 (c) otherwise--40 business days after the day the notice is 5 gazetted. 6 (4) The Minister who prepared the draft State planning 7 instrument must give a copy of the notice and the draft 8 instrument to each of the following-- 9 (a) for a draft State planning instrument other than draft 10 standard planning scheme provisions--each local 11 government whose local government area includes a 12 part of the State in which the draft instrument is to have 13 effect; 14 (b) for draft standard planning scheme provisions--each 15 local government; 16 (c) any other person or entity prescribed under a regulation. 17 61 Keeping draft instrument available for inspection and 18 purchase 19 For all of the consultation period, the Minister who prepared 20 the draft State planning instrument must keep a copy of the 21 draft instrument available for inspection and purchase by 22 members of the public. 23 62 Dealing with draft State planning regulatory provision 24 (1) The Minister who prepared a draft State planning regulatory 25 provision may, during the consultation period, amend, replace 26 or remove the draft State planning regulatory provision, other 27 than to change the relevant area. 28 (2) If an eligible Minister prepared the draft State planning 29 regulatory provision, an amended or replacement instrument 30 must be endorsed by the eligible Minister and the Minister. 31 Page 76

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 63] 63 Making State planning instruments 1 (1) The Minister who prepared the draft State planning 2 instrument must-- 3 (a) consider each properly made submission about the draft 4 instrument; and 5 (b) for a draft regional plan for a designated 6 region--consult with the designated region's regional 7 planning committee about making the regional plan. 8 (2) After acting under subsection (1), the Minister may-- 9 (a) make the State planning instrument as provided for in 10 the draft State planning instrument as published; or 11 (b) make the State planning instrument and include any 12 amendments of the draft State planning instrument the 13 Minister considers appropriate; or 14 (c) for a State planning instrument other than a regional 15 plan--decide not to make the State planning instrument 16 as mentioned in paragraph (a) or (b). 17 (3) If an eligible Minister prepared the draft State planning 18 instrument, the eligible Minister and the Minister must 19 jointly-- 20 (a) make the State planning instrument as mentioned in 21 subsection (2)(a) or (b); or 22 (b) decide not to make the State planning instrument. 23 (4) A State planning instrument is taken to be jointly made when 24 the instrument is endorsed by both Ministers. 25 64 Notice about making State planning instrument 26 (1) After the State planning instrument is made, the Minister who 27 prepared the draft instrument must publish a notice about its 28 making-- 29 (a) in the gazette; and 30 Page 77

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 65] (b) if the instrument has effect throughout the State or is 1 made for the whole of the State--in a newspaper 2 circulating generally in the State; and 3 (c) if the instrument has effect only in a part of the 4 State--in a newspaper circulating generally in the part. 5 (2) The notice must state-- 6 (a) the day the State planning instrument was made; and 7 (b) where a copy of the instrument may be inspected and 8 purchased. 9 (3) The Minister mentioned in subsection (1) must give a copy of 10 the State planning instrument to-- 11 (a) for a State planning instrument other than the standard 12 planning scheme provisions--each local government 13 whose local government area includes a part of the State 14 in which the instrument has effect; or 15 (b) for the standard planning scheme provisions--each 16 local government. 17 65 Notice about decision not to make State planning 18 instrument 19 If a decision is made not to make a State planning instrument, 20 the Minister who prepared the draft instrument must publish 21 notice of the decision in the gazette. 22 66 Particular State planning regulatory provisions to 23 be ratified by Parliament 24 (1) This section applies to a State planning regulatory provision 25 made to-- 26 (a) implement a regional plan; or 27 (b) prevent a compromise of the implementation of a 28 proposed regional plan for a designated region or a 29 proposed designated region. 30 Page 78

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 67] (2) Within 14 sitting days after the State planning regulatory 1 provision is made, a copy of the provision must be tabled in 2 the Legislative Assembly by the Minister who made the State 3 planning regulatory provision. 4 (3) If the provision is not ratified by Parliament within 14 sitting 5 days after the day the copy is tabled, the provision ceases to 6 have effect. 7 67 State planning regulatory provisions that are subject to 8 disallowance 9 (1) This section applies to a State planning regulatory provision 10 made because the Minister was satisfied there is a significant 11 risk of serious environmental harm or serious adverse cultural, 12 economic or social conditions happening in a planning 13 scheme area. 14 (2) The Statutory Instruments Act 1992, sections 49, 50 and 51, 15 apply to the provision as if it were subordinate legislation. 16 Editor's note-- 17 Statutory Instruments Act 1992, sections 49 (Subordinate legislation 18 must be tabled), 50 (Disallowance) and 51 (Limited saving of operation 19 of subordinate legislation that ceases to have effect) 20 Page 79

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 68] Division 3 Amending State planning 1 instruments 2 Subdivision 1 Administrative and minor 3 amendments, and particular 4 amendments to reflect documents 5 68 Administrative and minor amendment or amendment to 6 reflect other documents 7 (1) The Minister who made a State planning instrument may 8 make an administrative amendment or minor amendment of 9 the instrument. 10 (2) If the State planning instrument was jointly made by 2 11 Ministers-- 12 (a) for an administrative amendment--either Minister may 13 make the amendment; and 14 (b) for a minor amendment-- 15 (i) the amendment must be jointly made by both 16 Ministers; and 17 (ii) the amendment is taken to be jointly made when 18 the amendment is endorsed by both Ministers. 19 (3) The regional planning Minister for a designated region also 20 may amend the region's regional plan to include a document 21 to be made under the plan that-- 22 (a) has been prepared by a public sector entity; and 23 (b) the regional planning Minister is satisfied-- 24 (i) demonstrates how the regional plan will be 25 implemented; and 26 (ii) has been subject to adequate public consultation. 27 (4) Division 2 does not apply to the making of an amendment 28 under this section. 29 Page 80

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 69] 69 Notice of amendment under s 68 1 (1) After the State planning instrument is amended, the Minister 2 who made the amendment, or the eligible Minister if the 3 amendment was jointly made, must publish a notice about the 4 amendment-- 5 (a) in the gazette; and 6 (b) if the instrument has effect throughout the State or is 7 made for the whole of the State--in a newspaper 8 circulating generally in the State; and 9 (c) if the instrument has effect only in a part of the 10 State--in a newspaper circulating generally in the part. 11 (2) The notice must state-- 12 (a) the day the amendment was made; and 13 (b) where a copy of the State planning instrument, as 14 amended, may be inspected and purchased. 15 Subdivision 2 Other amendments 16 70 Other amendments 17 (1) The Minister who made a State planning instrument may 18 make an amendment of the instrument, other than an 19 amendment under section 68, only if the process under 20 division 2 for the making of the State planning instrument has 21 been followed. 22 (2) To remove any doubt, it is declared that if the State planning 23 instrument was jointly made by 2 Ministers, the amendment 24 must be jointly made by both Ministers. 25 (3) For subsection (1), division 2 applies-- 26 (a) as if a reference in the division to preparing a draft State 27 planning instrument were a reference to preparing a 28 draft amendment; and 29 Page 81

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 71] (b) as if a reference in the division to a draft State planning 1 instrument were a reference to the draft amendment; and 2 (c) as if a reference in the division to making a State 3 planning instrument were a reference to the making of 4 the amendment; and 5 (d) as if a reference in the division to a State planning 6 instrument were a reference to the amendment; and 7 (e) as if the reference in section 60(3)(a) to 60 business days 8 were a reference to 30 business days; and 9 (f) as if the reference in section 60(3)(c) to 40 business days 10 were a reference to 20 business days; and 11 (g) with other necessary changes. 12 71 Decision not to proceed with amendment of regional plan 13 When acting under division 2, the Minister also may decide 14 not to proceed with the amendment of a regional plan. 15 Division 4 When State planning instrument or 16 amendment has effect 17 72 When State planning instrument or amendment has 18 effect 19 (1) A State planning instrument, or an amendment of a State 20 planning instrument, has effect on-- 21 (a) the day the notice about the making of the instrument or 22 amendment is gazetted; or 23 (b) if a later day for the commencement of the instrument or 24 amendment is stated in the instrument or 25 amendment--the later day. 26 (2) Subsection (1) is subject to sections 66 and 67. 27 Page 82

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 73] 73 Effect of draft State planning regulatory provision and 1 draft amendments 2 (1) This section applies to-- 3 (a) a draft State planning regulatory provision under this 4 part (the draft provision); or 5 (b) a State planning regulatory provision as amended by a 6 draft amendment of the provision under this part (also 7 the draft provision). 8 (2) The Minister may state in the gazette notice for the draft 9 instrument, or amendment, that the draft provision has effect 10 as if it were a State planning regulatory provision on the day 11 the notice of the draft instrument, or amendment, is gazetted if 12 the Minister is satisfied any delay in the commencement 13 would increase the risk of-- 14 (a) serious harm to the environment or serious adverse 15 cultural, economic or social conditions happening in a 16 planning scheme area; or 17 (b) compromising the implementation of a regional plan, 18 structure plan or proposed regional plan or structure 19 plan. 20 (3) If the Minister states a draft provision has effect as mentioned 21 in subsection (2), the draft provision has effect as if it were a 22 State planning regulatory provision from the day the notice of 23 the draft instrument, or amendment, is gazetted until the first 24 of the following happens-- 25 (a) a decision to make a State planning regulatory provision 26 is made under section 63(2)(a) or (b) relating to the draft 27 provision and the State planning regulatory provision 28 takes effect under section 72; 29 (b) a decision not to make a State planning regulatory 30 provision is made under section 63(2)(c) relating to the 31 draft provision and is gazetted; 32 (c) the day that is 12 months after the day the notice of the 33 draft instrument, or amendment, is gazetted ends. 34 Page 83

 


 

Sustainable Planning Bill 2009 Chapter 2 State planning instruments Part 6 Making, amending and repealing State planning instruments [s 74] Division 5 Repealing and replacing State 1 planning instruments 2 74 Notice of repeal 3 (1) The Minister may decide to repeal a State planning 4 instrument, other than a regional plan. 5 (2) However, if the State planning instrument was jointly made by 6 2 Ministers, the decision to repeal the instrument must be 7 jointly made by both Ministers. 8 (3) A State planning instrument may only be repealed by 9 publishing a notice-- 10 (a) in the gazette; and 11 (b) if the instrument has effect throughout the State or is 12 made for the whole of the State--in a newspaper 13 circulating generally in the State; and 14 (c) if the instrument has effect only in a part of the 15 State--in a newspaper circulating generally in the part. 16 (4) The notice must-- 17 (a) identify the State planning instrument being repealed; 18 and 19 (b) if the State planning instrument has effect only in a part 20 of the State--identify the part of the State in which it 21 has effect; and 22 (c) state that the State planning instrument is repealed. 23 (5) The Minister must give a copy of the notice to-- 24 (a) for a State planning instrument other than the standard 25 planning scheme provisions--each local government 26 whose local government area includes a part of the State 27 in which the instrument had effect; and 28 (b) for the standard planning scheme provisions--each 29 local government. 30 Page 84

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 1 Preliminary [s 75] (6) If the State planning instrument was jointly made by the 1 Minister and an eligible Minister, the eligible Minister must 2 act under subsections (3) and (5) in relation to the repeal of 3 the instrument. 4 75 When repeal has effect 5 The repeal of a State planning instrument has effect on the day 6 the notice of the repeal is gazetted. 7 76 Replacement of regional plans 8 If a regional plan (the replacement plan) states that it replaces 9 an existing regional plan, it replaces the existing regional plan 10 on and from the day the replacement plan takes effect. 11 Chapter 3 Local planning instruments 12 Part 1 Preliminary 13 77 Local planning instruments under Act 14 The following are local planning instruments under this Act-- 15 (a) a planning scheme; 16 (b) a temporary local planning instrument; 17 (c) a planning scheme policy. 18 78 Infrastructure intentions in local planning instruments 19 not binding 20 (1) If a local planning instrument indicates the intention of a local 21 government or a supplier of State infrastructure to supply 22 Page 85

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 79] infrastructure, it does not create an obligation on the local 1 government or the supplier to supply the infrastructure. 2 (2) If a local government or a supplier of State infrastructure 3 states a desired standard of service in a priority infrastructure 4 plan, an entity does not have a right to expect or demand the 5 standard. 6 Part 2 Planning schemes 7 Division 1 Preliminary 8 79 What is a planning scheme 9 A planning scheme is an instrument that-- 10 (a) is made by a local government under division 2 and part 11 5; and 12 (b) advances the purpose of this Act by providing an 13 integrated planning policy for the local government's 14 planning scheme area. 15 80 Status of planning scheme 16 A planning scheme is a statutory instrument under the 17 Statutory Instruments Act 1992 and has the force of law as 18 provided for under this Act. 19 81 Effects of planning scheme 20 A planning scheme for a planning scheme area-- 21 (a) becomes the planning scheme for the area; and 22 (b) replaces any existing planning scheme applying to the 23 area. 24 Page 86

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 82] 82 Area to which planning scheme applies 1 (1) A local government's planning scheme applies to all of the 2 local government's area (the planning scheme area). 3 (2) The local government also may apply its planning scheme for 4 assessing prescribed tidal work in its tidal area to the extent 5 stated in a code for prescribed tidal work. 6 83 Relationship with planning scheme policies 7 If there is an inconsistency between a planning scheme and a 8 planning scheme policy for a planning scheme area, the 9 planning scheme prevails to the extent of the inconsistency. 10 Note-- 11 For the relationship between planning schemes and State planning 12 instruments, see sections 19 (Relationship with other instruments), 26 13 (Relationship with other instruments), 43 (Relationship with local 14 planning instruments) and 53 (Relationship with local planning 15 instruments). 16 Division 2 General provisions about planning 17 schemes 18 84 Power to make planning scheme 19 A local government may make a planning scheme for its 20 planning scheme area. 21 85 Documents planning scheme may adopt 22 (1) The only documents made by a local government that the 23 local government's planning scheme may, under the Statutory 24 Instruments Act 1992, section 23, apply, adopt or incorporate 25 are-- 26 (a) a planning scheme policy; or 27 (b) a structure plan; or 28 Page 87

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 86] (c) a priority infrastructure plan; or 1 (d) an infrastructure charges schedule. 2 (2) In this section-- 3 documents does not include the following-- 4 (a) a development approval; 5 (b) a master plan; 6 (c) an approval for an application mentioned in repealed 7 IPA, section 6.1.26. 8 86 Relationship between planning schemes and Building 9 Act 10 (1) A planning scheme must not include provisions about 11 building work, to the extent the building work is regulated 12 under the building assessment provisions, unless permitted 13 under the Building Act. 14 Note-- 15 See, for example, the Building Act, sections 32 and 33. 16 (2) To the extent a planning scheme does not comply with 17 subsection (1), the planning scheme has no effect. 18 (3) In this section-- 19 building assessment provisions does not include IDAS or a 20 provision of a planning scheme. 21 87 Covenants not to conflict with planning scheme 22 Subject to section 349, a covenant under the Land Act 1994, 23 section 373A(4) or the Land Title Act 1994, section 97A(3)(a) 24 or (b) is of no effect to the extent it conflicts with a planning 25 scheme-- 26 (a) for the land subject to the covenant; and 27 (b) in effect when the document creating the covenant is 28 registered. 29 Page 88

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 88] Editor's note-- 1 Land Act 1994, section 373A (Covenant by registration) or Land Title 2 Act 1994, section 97A (Covenant by registration) 3 Division 3 Key concepts for planning schemes 4 88 Key elements of planning scheme 5 (1) A local government and the Minister must be satisfied the 6 local government's planning scheme-- 7 (a) appropriately reflects the standard planning scheme 8 provisions; and 9 (b) identifies the strategic outcomes for the planning 10 scheme area; and 11 (c) includes measures that facilitate achieving the strategic 12 outcomes; and 13 (d) coordinates and integrates the matters, including the 14 core matters, dealt with by the planning scheme, 15 including any State and regional dimensions of the 16 matters; and 17 Note-- 18 State and regional dimensions of matters are explained in section 19 90. 20 (e) includes a priority infrastructure plan; and 21 (f) if land in the planning scheme area is a declared master 22 planned area--includes a structure plan for the master 23 planned area. 24 (2) Measures facilitating achievement of the strategic outcomes 25 include the identification of relevant-- 26 (a) self-assessable development; and 27 (b) development requiring compliance assessment; and 28 (c) assessable development requiring code or impact 29 assessment, or both code and impact assessment; and 30 Page 89

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 89] (d) prohibited development, but only if the standard 1 planning scheme provisions state the development may 2 be prohibited development. 3 89 Core matters for planning scheme 4 (1) Each of the following are core matters for the preparation of a 5 planning scheme-- 6 (a) land use and development; 7 (b) infrastructure; 8 (c) valuable features. 9 (2) In this section-- 10 infrastructure includes the extent and location of proposed 11 infrastructure, having regard to existing infrastructure 12 networks, and their capacities and thresholds for 13 augmentation. 14 land use and development includes each of the following-- 15 (a) the location of, and the relationships between, various 16 land uses; 17 (b) the effects of land use and development; 18 (c) how mobility between places is facilitated; 19 (d) accessibility to areas; 20 (e) development constraints, including, but not limited to, 21 population and demographic impacts. 22 valuable features includes each of the following, whether 23 terrestrial or aquatic-- 24 (a) resources or areas that are of ecological significance, 25 including, for example, habitats, wildlife corridors, 26 buffer zones, places supporting biological diversity or 27 resilience, and features contributing to the quality of air, 28 water (including catchments or recharge areas) and soil; 29 Page 90

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 90] (b) areas contributing significantly to amenity, including, 1 for example, areas of high scenic value, physical 2 features that form significant visual backdrops or that 3 frame or define places or localities, and attractive built 4 environments; 5 (c) areas or places of cultural heritage significance, 6 including, for example, areas or places of indigenous 7 cultural significance, or aesthetic, architectural, 8 historical, scientific, social or technological 9 significance, to the present generation or past or future 10 generations; 11 (d) resources or areas of economic value, including, for 12 example, extractive deposits, fishery resources, forestry 13 resources, water resources, sources of renewable and 14 non-renewable energy and good quality agricultural 15 land. 16 90 State, regional and local dimensions of planning scheme 17 matters 18 (1) A matter, including a core matter, in a planning scheme may 19 have local, regional or State dimensions. 20 (2) A local dimension of a planning scheme matter is a dimension 21 that is within the jurisdiction of local government but is not a 22 regional or State dimension. 23 (3) A regional dimension of a planning scheme matter is a 24 dimension-- 25 (a) about which a regional planning committee report 26 makes a recommendation; or 27 (b) reflected in a regional plan; or 28 (c) that can best be dealt with by the cooperation of 2 or 29 more local governments. 30 (4) A State dimension of a planning scheme matter, including a 31 matter reflected in a State planning policy, is a dimension of a 32 State interest. 33 Page 91

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 91] Division 4 Reviewing planning schemes 1 91 Local government must review planning scheme every 2 10 years 3 (1) Each local government must complete a review of its planning 4 scheme-- 5 (a) within 10 years after the planning scheme was originally 6 made; or 7 (b) if a review of the planning scheme has been previously 8 completed--within 10 years after the completion of the 9 last review. 10 (2) The review must include an assessment of the achievement of 11 the strategic outcomes stated in the planning scheme. 12 92 Action local government may take after review 13 After reviewing its planning scheme, the local government 14 must, by resolution-- 15 (a) propose to prepare a new scheme; or 16 (b) propose to amend the scheme; or 17 (c) if the local government is satisfied the scheme is 18 suitable to continue without amendment--decide to take 19 no further action. 20 93 Report about review if decision is to take no action 21 If a local government decides to take no further action under 22 section 92(c), the local government must-- 23 (a) prepare a report stating the reasons why the local 24 government decided to take no further action; and 25 (b) give a copy of the report to the chief executive. 26 Page 92

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 94] 94 Notice about report to be published 1 (1) After preparing the report mentioned in section 93, the local 2 government must publish, in a newspaper circulating 3 generally in the local government's area, a notice stating the 4 following-- 5 (a) the name of the local government; 6 (b) that the local government has prepared a report stating 7 the reasons why the local government decided to take no 8 further action under section 92(c); 9 (c) that the report is available for inspection and purchase; 10 (d) a contact telephone number for information about the 11 report; 12 (e) the period (the inspection period), of at least 40 13 business days, during which the report is available for 14 inspection and purchase. 15 (2) For all of the inspection period the local government must 16 display a copy of the notice in a conspicuous place in the local 17 government's public office. 18 Division 5 Application of superseded planning 19 schemes 20 95 Request for application of superseded planning scheme 21 (1) A person may, by written notice given to a local government, 22 ask the local government-- 23 (a) to apply a superseded planning scheme to the carrying 24 out of assessable development, prohibited development 25 or development requiring compliance assessment that 26 was, under the superseded planning scheme, exempt 27 development or self-assessable development; or 28 (b) to assess and decide a proposed development 29 application under a superseded planning scheme; or 30 Page 93

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 95] (c) to-- 1 (i) accept a development application for development 2 that is prohibited development under the planning 3 scheme and was assessable development under a 4 superseded planning scheme; and 5 (ii) assess and decide the application under the 6 superseded planning scheme; or 7 (d) to assess and decide a request for compliance 8 assessment under a superseded planning scheme; or 9 (e) to-- 10 (i) accept a request for compliance assessment of 11 development that is assessable development or 12 prohibited development, and was development 13 requiring compliance assessment under a 14 superseded planning scheme; and 15 (ii) assess and decide the request under the superseded 16 planning scheme. 17 (2) However, the notice may be given to the local government 18 only within 1 year after the day-- 19 (a) the planning scheme or planning scheme policy creating 20 the superseded planning scheme took effect; or 21 (b) the amendment of a planning scheme or planning 22 scheme policy creating the superseded planning scheme 23 took effect. 24 (3) The notice must-- 25 (a) be in the approved form; and 26 (b) be accompanied by the fee fixed by resolution of the 27 local government; and 28 (c) contain a description of the proposed development or be 29 accompanied by a copy of the proposed development 30 application or request for compliance assessment. 31 Page 94

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 96] (4) The local government must keep the notice available for 1 inspection and purchase from when the local government 2 receives it until the request is decided under this division. 3 96 Decision on request 4 (1) The local government must decide to agree to the request, or 5 refuse the request, within 30 business days after receiving it 6 (the request period). 7 (2) However, the local government may, by written notice given 8 to the person making the request and without the person's 9 agreement, extend the request period by not more than 10 10 business days. 11 (3) Only 1 notice may be given under subsection (2), and it must 12 be given before the request period ends. 13 (4) However, the request period may be further extended if the 14 person making the request gives written agreement to the 15 extension before the period ends. 16 (5) The local government is taken to have decided to agree to the 17 request if the local government does not decide the request 18 within the latest of the following periods to end-- 19 (a) the request period; 20 (b) if the request period is extended under subsections (2) 21 and (3)--the extended period; 22 (c) if the request period is further extended under 23 subsection (4)--the further extended period. 24 97 Notice of decision 25 The local government must give the person making the 26 request written notice of the local government's decision 27 within 5 business days after making the decision. 28 Page 95

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 98] 98 When development under superseded planning scheme 1 must start 2 (1) If the local government agrees or is taken to have agreed to a 3 request made under section 95(1)(a), the superseded planning 4 scheme applies for carrying out the development if-- 5 (a) for development that is a material change of use--the 6 first change of use started within 4 years after the person 7 is given, or was entitled to be given, notice of the 8 decision under this division; or 9 (b) for development that is reconfiguring a lot--a plan for 10 the reconfiguration is given to the local government 11 within 2 years after the person is given, or was entitled 12 to be given, notice of the decision under this division; or 13 (c) for other development--the development is 14 substantially started within 2 years after the person is 15 given, or was entitled to be given, notice of the decision 16 under this division. 17 (2) A person may, by written notice given to the local government 18 before the end of the period stated in subsection (1) for the 19 development, ask the local government to extend the period. 20 (3) A request under subsection (2)-- 21 (a) must be accompanied by the fee fixed by resolution of 22 the local government; and 23 (b) if the local government has a form for the request--must 24 be in that form; and 25 (c) may not be withdrawn. 26 (4) The local government must give the person written notice of 27 the local government's decision within 30 business days after 28 receiving the request. 29 (5) If a person makes a request under subsection (2), the period 30 stated in subsection (1) for the development does not end until 31 the local government gives the person notice of its decision. 32 Page 96

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 2 Planning schemes [s 99] 99 When development application (superseded planning 1 scheme) can be made 2 (1) If the local government agrees or is taken to have agreed to a 3 request made under section 95(1)(b) or (c), a development 4 application (superseded planning scheme) for the 5 development may be made to the assessment manager. 6 (2) However, the development application (superseded planning 7 scheme) must be made within 6 months after the day the 8 person is given, or was entitled to be given, notice of the 9 decision. 10 (3) Despite section 239, a development application can be made 11 for development that is prohibited development under a 12 planning scheme if-- 13 (a) the local government agrees or is taken to have agreed to 14 assess and decide the development application under a 15 superseded planning scheme; and 16 (b) the development was not prohibited development under 17 the superseded planning scheme. 18 100 When request for compliance assessment under a 19 superseded planning scheme can be made 20 (1) If the local government agrees or is taken to have agreed to a 21 request made under section 95(1)(d) or (e), a request for 22 compliance assessment of the development under the 23 superseded planning scheme may be made to the assessment 24 manager. 25 (2) However, the request must be made within 6 months after the 26 day the person is given, or was entitled to be given, notice of 27 the decision. 28 (3) Despite section 239, a request for compliance assessment can 29 be made for development that is prohibited development 30 under a planning scheme if-- 31 Page 97

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 3 Temporary local planning instruments [s 101] (a) the local government agrees or is taken to have agreed to 1 assess and decide the request under a superseded 2 planning scheme; and 3 (b) the development was not prohibited development under 4 the superseded planning scheme. 5 Part 3 Temporary local planning 6 instruments 7 Division 1 Preliminary 8 101 What is a temporary local planning instrument 9 A temporary local planning instrument is an instrument 10 that-- 11 (a) is made by a local government under division 2 and part 12 5; and 13 (b) advances the purpose of this Act by protecting a 14 planning scheme area from adverse impacts. 15 102 Status of temporary local planning instrument 16 A temporary local planning instrument is a statutory 17 instrument under the Statutory Instruments Act 1992 and has 18 the force of law as provided for under this Act. 19 Page 98

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 3 Temporary local planning instruments [s 103] 103 Area to which temporary local planning instrument 1 applies 2 A temporary local planning instrument may apply to all or 3 only part of a planning scheme area. 4 104 Relationship with planning scheme 5 A temporary local planning instrument may suspend or 6 otherwise affect the operation of a planning scheme for up to 7 1 year, but-- 8 (a) does not amend a planning scheme; and 9 (b) is not a change to a planning scheme under section 703. 10 Note-- 11 For the relationship between temporary local planning instruments and 12 State planning instruments, see sections 19 (Relationship with other 13 instruments), 26 (Relationship with other instruments), 43 (Relationship 14 with local planning instruments) and 53 (Relationship with local 15 planning instruments). 16 Division 2 General matters about temporary 17 local planning instruments 18 105 Power to make temporary local planning instrument 19 A local government may make a temporary local planning 20 instrument for all or part of its planning scheme area only if 21 the Minister is satisfied-- 22 (a) there is a significant risk of serious environmental harm, 23 or serious adverse cultural, economic or social 24 conditions happening in the planning scheme area; and 25 (b) the delay involved in using the process stated in the 26 guideline mentioned in section 117(1) to amend the 27 planning scheme would increase the risk; and 28 (c) State interests would not be adversely affected by the 29 proposed temporary local planning instrument; and 30 Page 99

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 3 Temporary local planning instruments [s 106] (d) the proposed temporary local planning instrument 1 appropriately reflects the standard planning scheme 2 provisions. 3 106 Content of temporary local planning instrument 4 (1) A temporary local planning instrument may-- 5 (a) declare development to be-- 6 (i) self-assessable development; or 7 (ii) development requiring compliance assessment; or 8 (iii) assessable development; and 9 (b) require impact or code assessment, or both impact and 10 code assessment, for assessable development; and 11 (c) state that development is prohibited development, but 12 only if the standard planning scheme provisions state the 13 development may be prohibited development. 14 (2) This section does not limit the matters that may be included in 15 a temporary local planning instrument. 16 107 Documents temporary local planning instrument may 17 adopt 18 (1) The only documents made by a local government that a 19 temporary local planning instrument of the local government 20 may, under the Statutory Instruments Act 1992, section 23, 21 apply, adopt or incorporate are-- 22 (a) a planning scheme policy; or 23 (b) a structure plan. 24 (2) In this section-- 25 documents does not include the following-- 26 (a) a development approval; 27 (b) a master plan; 28 Page 100

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 4 Planning scheme policies [s 108] (c) an approval for an application mentioned in repealed 1 IPA, section 6.1.26. 2 Part 4 Planning scheme policies 3 Division 1 Preliminary 4 108 What is a planning scheme policy 5 A planning scheme policy is an instrument that-- 6 (a) is made by a local government under division 2 and part 7 5; and 8 (b) supports the local dimension of a planning scheme; and 9 (c) supports local government actions under this Act for 10 IDAS and for making or amending its planning scheme. 11 109 Status of planning scheme policy 12 A planning scheme policy is a statutory instrument under the 13 Statutory Instruments Act 1992 and has the force of law as 14 provided for under this Act. 15 110 Effect of planning scheme policy 16 A planning scheme policy for a planning scheme area-- 17 (a) becomes a policy for the area; and 18 (b) if the policy states that it replaces an existing 19 policy--replaces the existing policy. 20 Page 101

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 4 Planning scheme policies [s 111] 111 Area to which planning scheme policy applies 1 A planning scheme policy may apply to all or only part of a 2 planning scheme area. 3 112 Relationship with other planning instruments 4 To the extent a planning scheme policy is inconsistent with 5 another planning instrument, the other planning instrument 6 prevails. 7 Division 2 General matters about planning 8 scheme policies 9 113 Power to make planning scheme policy 10 A local government may make a planning scheme policy for 11 all or a part of its planning scheme area. 12 114 Content of planning scheme policy 13 (1) A planning scheme policy may only do 1 or more of the 14 following-- 15 (a) state information a local government may request for a 16 development application; 17 (b) state the consultation the local government may carry 18 out under section 256; 19 (c) state actions a local government may take to support the 20 process for making or amending its planning scheme; 21 (d) contain standards identified in a code; 22 (e) include guidelines or advice about satisfying assessment 23 criteria in the planning scheme. 24 (2) Subsection (1) applies despite section 109. 25 Page 102

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 115] 115 Planning scheme policy can not adopt particular 1 documents 2 (1) A planning scheme policy must not apply, adopt or 3 incorporate another document made by the local government. 4 (2) In this section-- 5 document does not include the following-- 6 (a) a development approval; 7 (b) a master plan; 8 (c) an approval for an application mentioned in repealed 9 IPA, section 6.1.26. 10 Part 5 Making, amending or repealing 11 local planning instruments 12 Division 1 Preliminary 13 116 Application of pt 5 14 This part does not apply to amendments of a local 15 government's planning scheme to include a structure plan. 16 Note-- 17 For declared master planned areas, see chapter 4. 18 Page 103

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 117] Division 2 Making or amending local planning 1 instruments 2 117 Process for making or amending local planning 3 instruments 4 (1) For making or amending a planning scheme or planning 5 scheme policy, a local government must follow the process 6 stated in a guideline-- 7 (a) made by the Minister; and 8 (b) prescribed under a regulation. 9 (2) For making a temporary local planning instrument, a local 10 government must follow the process stated in a guideline-- 11 (a) made by the Minister; and 12 (b) prescribed under a regulation. 13 118 Content of guideline for making or amending local 14 planning instrument 15 (1) The guideline mentioned in section 117(1) must make 16 provision for-- 17 (a) the local government to publish at least once in a 18 newspaper circulating in the local government's area, 19 notice about a proposal to make-- 20 (i) a planning scheme; or 21 (ii) a planning scheme policy; and 22 (b) the local government to carry out public consultation 23 about a proposal mentioned in paragraph (a) for a period 24 (the consultation period) of at least-- 25 (i) for a proposed planning scheme--30 business 26 days; and 27 (ii) for a proposed planning scheme policy--20 28 business days; and 29 Page 104

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 118] (c) if public consultation about a proposal mentioned in 1 paragraph (a) must be carried out-- 2 (i) the local government to have available for 3 inspection and purchase during all of the 4 consultation period a copy of the proposed 5 planning scheme or planning scheme policy; and 6 (ii) members of the public to make submissions to the 7 local government about the proposed planning 8 scheme or planning scheme policy; and 9 (iii) the local government to consider all properly made 10 submissions about the proposed planning scheme 11 or planning scheme policy; and 12 (iv) the local government to advise persons who make 13 a properly made submission about how the local 14 government has dealt with the submission; and 15 (v) the local government to give the Minister a notice 16 containing a summary of matters raised in the 17 properly made submissions and stating how the 18 local government dealt with the matters; and 19 (d) any proposed planning scheme to be approved by the 20 Minister; and 21 (e) the making of a proposed planning scheme, or 22 amendment of a planning scheme, to be notified in the 23 gazette; and 24 (f) the making of a proposed planning scheme policy, or 25 amendment of a planning scheme policy, to be notified 26 in a newspaper circulating generally in the local 27 government's area. 28 (2) The guideline mentioned in section 117(2) must make 29 provision for-- 30 (a) any proposed temporary local planning instrument to be 31 approved by the Minister; and 32 (b) the making of a proposed temporary local planning 33 instrument to be notified in the gazette. 34 Page 105

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 119] 119 Compliance with guideline 1 (1) Despite section 117(1), if a planning scheme or planning 2 scheme policy is made or amended in substantial compliance 3 with the process stated in the guideline mentioned in the 4 subsection, the planning scheme, planning scheme policy or 5 amendment is valid so long as any noncompliance has not-- 6 (a) adversely affected the awareness of the public of the 7 existence and nature of the proposed planning scheme, 8 planning scheme policy or amendment; or 9 (b) restricted the opportunity of the public to make properly 10 made submissions about the proposed planning scheme, 11 planning scheme policy or amendment under the 12 guideline; or 13 (c) for a planning scheme or amendment of a planning 14 scheme--restricted the opportunity of the Minister to 15 consider whether State interests would be adversely 16 affected. 17 (2) Despite section 117(2), if a temporary local planning 18 instrument is made in substantial compliance with the process 19 stated in the guideline mentioned in the subsection, the 20 instrument is valid. 21 120 When planning scheme, temporary local planning 22 instrument and amendments have effect 23 (1) A planning scheme or temporary local planning instrument 24 for a planning scheme area has effect on and from-- 25 (a) the day the making of the planning scheme or temporary 26 local planning instrument is notified in the gazette; or 27 (b) if a later day for the commencement of the planning 28 scheme or temporary local planning instrument is stated 29 in the planning scheme or instrument--the later day. 30 (2) If a planning scheme is amended, the amendment has effect 31 on and from-- 32 Page 106

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 121] (a) the day the making of the amendment is notified in the 1 gazette; or 2 (b) if a later day for the commencement of the amendment 3 is stated in the amendment--the later day. 4 (3) A temporary local planning instrument has effect until the 5 instrument expires or is repealed. 6 121 When planning scheme policy and amendments have 7 effect 8 A planning scheme policy or amendment of a planning 9 scheme policy for a planning scheme area has effect on and 10 from-- 11 (a) the day the making of the policy or amendment is first 12 notified in a newspaper circulating generally in the local 13 government's area; or 14 (b) if a later day for the commencement of the policy or 15 amendment is stated in the policy or amendment--the 16 later day. 17 122 Consolidating planning schemes 18 (1) A local government may prepare and adopt a consolidated 19 planning scheme. 20 (2) The guideline mentioned in section 117(1) does not apply to 21 the preparation or adoption of the consolidated planning 22 scheme. 23 (3) The consolidated planning scheme is, in the absence of 24 evidence to the contrary, taken to be the local government's 25 planning scheme on and from the day the consolidated 26 planning scheme is adopted by the local government. 27 (4) As soon as practicable after the local government adopts the 28 consolidated planning scheme, the local government must 29 give the chief executive a certified copy of the consolidated 30 planning scheme. 31 Page 107

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 123] Division 3 Repealing local planning 1 instruments 2 123 Repealing temporary local planning instruments 3 (1) A temporary local planning instrument may be repealed by-- 4 (a) a resolution of a local government; or 5 (b) the adoption of a planning scheme or an amendment of a 6 planning scheme that specifically repeals the 7 instrument. 8 (2) However, a local government must have the Minister's 9 written approval to make a resolution under subsection (1)(a) 10 if the temporary local planning instrument-- 11 (a) was made by the local government under the direction 12 of the Minister under section 126; or 13 (b) was made by the Minister under section 128 after the 14 local government did not comply with a direction of the 15 Minister under section 126; or 16 (c) was made by the Minister under section 129. 17 (3) The local government must publish, in a newspaper 18 circulating generally in the local government's area and in the 19 gazette, a notice stating the following-- 20 (a) the name of the local government; 21 (b) the name of the temporary local planning instrument 22 being repealed; 23 (c) the day the resolution was made; 24 (d) the purpose and general effect of the resolution. 25 (4) On the day the notice is published in the gazette, or as soon as 26 practicable after the day, the local government must give the 27 chief executive a copy of the notice. 28 (5) The repeal takes effect-- 29 Page 108

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 5 Making, amending or repealing local planning instruments [s 124] (a) if the resolution is made under subsection (1)(a)--on the 1 day the resolution is notified in the gazette; or 2 (b) if the temporary local planning instrument is repealed by 3 the making of a planning scheme or an amendment of a 4 planning scheme--on the day the planning scheme or 5 amendment takes effect. 6 124 Repealing planning scheme policies 7 (1) A local government may, by resolution, repeal a planning 8 scheme policy, other than a planning scheme policy that is 9 replaced by another planning scheme policy. 10 (2) If a local government makes a resolution under subsection (1), 11 the local government must give the Minister a copy of the 12 resolution. 13 (3) The local government must publish, in a newspaper 14 circulating generally in the local government's area, a notice 15 stating the following-- 16 (a) the name of the local government; 17 (b) the name of the planning scheme policy being repealed; 18 (c) the day the resolution was made. 19 (4) On the day the notice is published, or as soon as practicable 20 after the notice is published, the local government must give 21 the chief executive a copy of the notice. 22 (5) The repeal takes effect-- 23 (a) on the day the notice is first published in the newspaper; 24 or 25 (b) if the notice states a later day--on the later day. 26 (6) Also, if a new planning scheme, other than an amendment of a 27 planning scheme, is made for a planning scheme area, all 28 existing planning scheme policies for the area are repealed on 29 the day the planning scheme takes effect. 30 Page 109

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 6 Powers of State in relation to local planning instruments [s 125] Part 6 Powers of State in relation to 1 local planning instruments 2 Division 1 Direction to take action about local 3 planning instruments 4 125 Procedures before exercising particular power 5 (1) Before a power is exercised under section 126 or 127, the 6 Minister must give written notice of the proposed exercise of 7 the power to the local government to be affected by the 8 exercise of the power. 9 (2) However, notice need not be given if the power is proposed to 10 be exercised at the local government's request. 11 (3) The notice must state-- 12 (a) the reasons for the proposed exercise of the power; and 13 (b) a period within which the local government may make 14 submissions to the Minister about the proposed exercise 15 of the power. 16 (4) The Minister must consider any submissions made under 17 subsection (3) and advise the local government that the 18 Minister has decided-- 19 (a) not to exercise the power; or 20 (b) to exercise the power. 21 (5) If the Minister decides to exercise the power, the Minister 22 must advise the local government the reasons for deciding to 23 exercise the power. 24 126 Power of Minister to direct local government to take 25 particular action about local planning instrument 26 (1) This section applies if the Minister is satisfied it is necessary 27 to give a direction to a local government-- 28 Page 110

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 6 Powers of State in relation to local planning instruments [s 127] (a) to protect or give effect to a State interest; or 1 (b) to ensure a local planning instrument or a proposed local 2 planning instrument appropriately reflects the standard 3 planning scheme provisions. 4 (2) The Minister may direct the local government to take an 5 action in relation to a local planning instrument or a proposed 6 local planning instrument. 7 (3) The direction may be as general or specific as the Minister 8 considers appropriate and must state the reasonable period 9 within which the local government must comply with the 10 direction. 11 (4) Without limiting subsection (2), the direction may require the 12 local government to-- 13 (a) review its planning scheme; or 14 (b) make a planning scheme or amend its planning scheme; 15 or 16 (c) make or repeal a temporary local planning instrument; 17 or 18 (d) make, amend or repeal a planning scheme policy. 19 127 Power of Minister to direct local government to prepare a 20 consolidated planning scheme 21 The Minister may direct a local government to prepare a 22 consolidated planning scheme. 23 128 Power of Minister if local government does not comply 24 with direction 25 (1) If the local government does not comply with the Minister's 26 direction under section 126 or 127 within the reasonable 27 period stated in the direction, the Minister may take the action 28 the Minister directed the local government to take. 29 (2) Anything done by the Minister under subsection (1) is taken 30 to have been done by the local government and has the same 31 Page 111

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 6 Powers of State in relation to local planning instruments [s 129] effect as it would have had if the local government had done 1 it. 2 (3) An expense reasonably incurred by the Minister in taking an 3 action under subsection (1) may be recovered from the local 4 government as a debt owing to the State. 5 Division 2 Making or amending local planning 6 instrument without direction 7 129 Power of Minister to take action about local planning 8 instrument without direction to local government 9 (1) Subsection (2) applies if the Minister is satisfied urgent action 10 is necessary to protect or give effect to a State interest. 11 (2) The Minister may make or amend a local planning instrument 12 without giving a direction under section 126 to the local 13 government about the making or amendment of the local 14 planning instrument. 15 (3) Subsection (4) applies if the Minister is satisfied a local 16 planning instrument does not appropriately reflect the 17 standard planning scheme provisions. 18 (4) The Minister may amend the local planning instrument 19 without giving a direction under section 126 to the local 20 government about the amendment of the instrument. 21 (5) Before acting under subsection (2) or (4), the Minister must 22 give written notice of the proposed action to the local 23 government to be affected by the action. 24 (6) The notice must state the reasons for taking the action. 25 (7) Anything done by the Minister under this section is taken to 26 have been done by the local government and has the same 27 effect as it would have had if the local government had done 28 it. 29 Page 112

 


 

Sustainable Planning Bill 2009 Chapter 3 Local planning instruments Part 6 Powers of State in relation to local planning instruments [s 130] (8) An expense reasonably incurred by the Minister in taking an 1 action under this section may be recovered from the local 2 government as a debt owing to the State. 3 Note-- 4 The regional planning Minister may amend a planning scheme to reflect 5 a regional plan. See section 29 (Amending planning schemes to reflect 6 regional plan). 7 Division 3 Process for dealing with local 8 planning instruments under part 6 9 130 Process for Minister to take action under pt 6 10 (1) A guideline mentioned in section 117 must state a process for 11 the Minister-- 12 (a) to take the action the Minister directed the local 13 government to take under division 1; and 14 (b) to make or amend a local planning instrument under 15 division 2. 16 (2) In taking the action, or making or amending the local planning 17 instrument, the Minister must follow the stated process. 18 Page 113

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 1 Master planning for particular areas of State interest [s 131] Chapter 4 Planning partnerships 1 Part 1 Master planning for particular 2 areas of State interest 3 Division 1 Preliminary 4 131 Purpose of ch 4 5 The purpose of this chapter is to provide for the following-- 6 (a) the identification, by local governments, regional 7 planning Ministers for designated regions and the 8 Minister, of areas (called master planned areas) to be the 9 subject of integrated land use and infrastructure 10 planning; 11 (b) for declared master planned areas, local governments to 12 make, in conjunction with the State, integrated land use 13 plans (called structure plans) setting out the broad 14 environmental, infrastructure and development intent to 15 guide detailed planning for the areas; 16 (c) the processes for making structure plans; 17 (d) plans (called master plans) about the detailed planning 18 of the areas; 19 (e) the processes for making and approving master plans; 20 (f) particular State assessment manager and referral agency 21 functions under IDAS to be replaced with the role of 22 State agencies who coordinate or participate in the 23 making of structure plans and the approval of master 24 plans for the areas. 25 Page 114

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 1 Master planning for particular areas of State interest [s 132] Division 2 Master planned areas 1 132 Identification of master planned areas 2 (1) A local government may identify an area as a master planned 3 area in its planning scheme or in a document made under a 4 regional plan. 5 (2) The regional planning Minister for a designated region may 6 identify an area as a master planned area for the region in-- 7 (a) the regional plan for the region or in a document made 8 under the regional plan; or 9 (b) a State planning regulatory provision; or 10 (c) a declaration made under section 133 (a master planned 11 area declaration). 12 (3) The Minister may identify an area as a master planned area 13 in-- 14 (a) a State planning regulatory provision; or 15 (b) a declaration made under section 133 (also a master 16 planned area declaration). 17 (4) A master planned area identified in a master planned area 18 declaration is a declared master planned area. 19 (5) A master planned area must be identified by reference to 20 cadastral boundaries or metes and bounds. 21 (6) Despite subsections (1) to (4), a wild river area can not be 22 included in a master planned area. 23 133 Master planned area declarations 24 (1) A master planned area declaration is made by a notice 25 published-- 26 (a) in the gazette; and 27 (b) in at least 1 newspaper circulating in the area of the local 28 government. 29 Page 115

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 1 Master planning for particular areas of State interest [s 134] (2) The declaration must identify the master planned area and 1 state-- 2 (a) the coordinating agency for the structure plan for the 3 area; and 4 (b) the participating agencies for the structure plan for the 5 area; and 6 (c) the jurisdiction or jurisdictions that the coordinating 7 agency and each participating agency has under IDAS 8 and for which they are the coordinating agency or a 9 participating agency for the structure plan for the area; 10 and 11 (d) the timeframes for the making of the structure plan. 12 (3) The declaration may identify other matters the Minister 13 considers appropriate for the making of the structure plan or 14 the master planning of the area. 15 134 Restriction on particular development applications in 16 master planned area 17 (1) A development application for a preliminary approval to 18 which section 242 applies may be made for a master planned 19 area only-- 20 (a) after the structure plan for the area takes effect; and 21 (b) if the structure plan states that a development 22 application for a preliminary approval to which section 23 242 applies can be made. 24 (2) A development application for a preliminary approval 25 permitted to be made under subsection (1) can not seek to 26 vary the effect of the structure plan area code included in the 27 structure plan. 28 (3) If the preliminary approval is issued, it is of no effect to the 29 extent it purports to vary the effect of the structure plan area 30 code. 31 Page 116

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 135] 135 Notation of master planned areas on planning scheme 1 (1) The local government must note on its planning scheme for its 2 planning scheme area each master planned area identified 3 in-- 4 (a) a regional plan or a document made under a regional 5 plan; or 6 (b) a State planning regulatory provision; or 7 (c) a master planned area declaration. 8 (2) The note is not an amendment of the planning scheme. 9 (3) Failure to comply with subsection (1) does not affect the 10 validity of the identification of the master planned area. 11 Part 2 Structure plans for master 12 planned areas declared by the 13 Minister or regional planning 14 Minister 15 Division 1 Preliminary 16 136 Application of pt 2 17 This part applies only for a declared master planned area. 18 137 What is a structure plan 19 A structure plan for a declared master planned area is the 20 structure plan for the area made under division 4. 21 Page 117

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 138] 138 Relationship with regulation under s 232 1 (1) The structure plan must be consistent with a regulation made 2 under section 232(1) or (2). 3 (2) To the extent the structure plan is inconsistent with a 4 regulation made under section 232(1) or (2), the structure plan 5 is of no effect. 6 139 Relationship with State planning instruments 7 If there is an inconsistency between a structure plan and a 8 State planning instrument, the State planning instrument 9 prevails to the extent of the inconsistency. 10 Division 2 General matters about structure 11 plans 12 140 Local government's obligation to have structure plan 13 The local government must have a structure plan for the 14 declared master planned area. 15 141 Content of structure plan 16 (1) The structure plan must-- 17 (a) be a part of the local government's planning scheme; 18 and 19 (b) be an integrated land use plan, setting out the broad 20 environmental, land use, infrastructure and development 21 intended to guide detailed planning for the area; and 22 (c) appropriately reflect the standard planning scheme 23 provisions. 24 (2) The structure plan must-- 25 (a) include a structure plan area code that-- 26 Page 118

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 141] (i) states the development entitlements and 1 development obligations for the area; and 2 (ii) includes a structure plan map that gives a spatial 3 dimension to the matters the subject of the code; 4 and 5 (b) identify master planning requirements for all or part of 6 the area, including, for example-- 7 (i) any master plans required to be made for the area 8 or the part; and 9 (ii) any requirements with which master plans must 10 comply; and 11 (iii) whether a master plan is required to be assessed by 12 the State, and if so-- 13 (A) the coordinating agency and the participating 14 agencies for the master plan application for 15 the master plan; and 16 (B) their jurisdiction for the application; and 17 (iv) any requirements for public notification of master 18 plans; and 19 (v) any period that, under part 3, division 3, may be 20 provided for in the structure plan; and 21 Note-- 22 For the periods, see sections 162(2) and 174(2). 23 (c) for development in the area-- 24 (i) state development that is-- 25 (A) exempt development; and 26 (B) self-assessable development; and 27 (C) development requiring compliance 28 assessment; and 29 Page 119

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 142] (D) assessable development requiring code or 1 impact assessment, or both code and impact 2 assessment; and 3 (ii) identify or include codes for the development. 4 (3) The structure plan may-- 5 (a) state strategic outcomes for the area; or 6 (b) state assessable development requiring impact 7 assessment that a master plan may state is-- 8 (i) self-assessable development or assessable 9 development requiring code assessment; or 10 (ii) development requiring compliance assessment; or 11 (c) state that development can not be carried out in the area 12 until there is a master plan for the area; or 13 Note-- 14 See also section 583(4) (Compliance with master plans). 15 (d) state that a development application for a preliminary 16 approval to which section 242 applies can be made for 17 development in the area; or 18 (e) include a regulated State infrastructure charges 19 schedule. 20 Note-- 21 For other matters that may be included in a structure plan, see chapter 6, 22 part 10 (Compliance stage). 23 142 Prohibited development under structure plan 24 A structure plan may state that development is prohibited 25 development, but only if the standard planning scheme 26 provisions state the development may be prohibited 27 development. 28 Page 120

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 143] Division 3 Funding for structure plans 1 143 Agreement to fund structure plan 2 (1) A local government may enter into an agreement with owners 3 or occupiers of land in a declared master planned area, or 4 another person who has an interest in the matter, to fund the 5 preparation of a structure plan. 6 (2) However, the agreement may be entered into only if the local 7 government has adopted a policy that prescribes the basis on 8 which the funding is to be provided. 9 Note-- 10 Funding for a structure plan may also be the subject of an infrastructure 11 agreement. See section 661. 12 144 Special charge for making a structure plan 13 (1) A local government may, by resolution, make and levy on an 14 owner or occupier of rateable land in a declared master 15 planned area a special charge on the land if-- 16 (a) the charge is for making the structure plan for the area; 17 and 18 (b) in the local government's opinion-- 19 (i) the land, or the owner or occupier of the land, has 20 or will specially benefit from the making of the 21 structure plan; or 22 (ii) the owner or occupier of the land, or the use made 23 or to be made of the land, has specially 24 contributed, or will specially contribute, to the 25 need for the making of the structure plan. 26 (2) The charge may be made and levied on the bases the local 27 government considers appropriate. 28 (3) However, if an amount has been paid, or is payable, to the 29 local government under an agreement under section 143 or an 30 infrastructure agreement for the making of the structure plan, 31 Page 121

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 144] the local government must take into account the amount in 1 levying the charge. 2 (4) The local government may fix a minimum amount of the 3 charge. 4 (5) Without limiting subsection (2), the amount of the charge may 5 vary according to the extent to which, in the local 6 government's opinion-- 7 (a) the land, or the owner or occupier of the land, has or will 8 specially benefit from the making of the structure plan; 9 or 10 (b) the owner or occupier of the land, or the use made or to 11 be made of the land, has specially contributed, or will 12 specially contribute, to the need for the making of the 13 structure plan. 14 (6) The local government's resolution making the charge must 15 identify-- 16 (a) the rateable land to which the charge applies; and 17 (b) the overall plan for the making of the structure plan. 18 (7) The overall plan must-- 19 (a) be adopted by the local government by resolution either 20 before, or at the same time as, the local government first 21 makes the charge; and 22 (b) identify the rateable land to which the charge applies; 23 and 24 (c) describe the process for the making of the structure 25 plan; and 26 (d) state the estimated cost of implementing the overall 27 plan; and 28 (e) state the estimated time for implementing the overall 29 plan. 30 (8) The local government may identify parcels of rateable land to 31 which the charge applies in any way it considers appropriate. 32 Page 122

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 145] (9) For making and levying the charge, the Local Government 1 Act, section 1035A applies as if the charge were a rate under 2 that Act. 3 (10) In this section-- 4 rateable land see the Local Government Act, section 957. 5 Division 4 Making structure plans 6 145 Making structure plan 7 The structure plan must be prepared and made as required by 8 a guideline-- 9 (a) made by the Minister; and 10 (b) prescribed under a regulation. 11 146 Content of guideline for making structure plan 12 The guideline mentioned in section 145 must make provision 13 for the following-- 14 (a) the local government to publish notice about the 15 proposed structure plan at least once in a newspaper 16 circulating in the local government's area; 17 (b) the local government to carry out public consultation 18 about the proposed structure plan for a period (the 19 consultation period) of at least 30 business days; 20 (c) the local government to have available for inspection 21 and purchase during all of the consultation period a copy 22 of the proposed structure plan; 23 (d) members of the public to make submissions to the local 24 government about the proposed structure plan; 25 (e) the local government to consider all properly made 26 submissions about the proposed structure plan; 27 Page 123

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 2 Structure plans for master planned areas declared by the Minister or regional planning Minister [s 147] (f) the local government to advise persons who make a 1 properly made submission about how the local 2 government has dealt with the submission; 3 (g) the proposed structure plan to be approved by the 4 Minister; 5 (h) the making of the structure plan by the local government 6 to be notified in the gazette. 7 147 Compliance with guideline 8 Despite section 145, if the structure plan is made in 9 substantial compliance with the guideline mentioned in the 10 section, the structure plan is valid so long as any 11 noncompliance has not-- 12 (a) adversely affected the awareness of the public of the 13 existence and nature of the proposed structure plan; or 14 (b) restricted the opportunity of members of the public to 15 make properly made submissions under the guideline; or 16 (c) restricted the opportunity of the Minister to consider 17 whether any State interests would be adversely affected. 18 148 When structure plan takes effect 19 The structure plan has effect on and from-- 20 (a) the day the making of the plan is notified in the gazette; 21 or 22 (b) if a later day for the commencement of the plan is stated 23 in the plan--the later day. 24 149 Provisions for new planning schemes 25 (1) Subsection (2) applies if the local government has complied 26 with the guideline mentioned in section 145 for making a 27 structure plan but the planning scheme in which the plan was 28 being sought to be included ceases to have effect. 29 Page 124

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 150] (2) The Minister may approve the inclusion of the structure plan 1 in a new planning scheme with changes the Minister considers 2 appropriate without the local government having to comply 3 again with the guideline. 4 (3) Subsection (4) applies if the local government has a structure 5 plan (the existing plan) and it proposes to make a new 6 planning scheme. 7 (4) A structure plan (the remade plan) may be included in the 8 new planning scheme without having to comply with the 9 guideline if the Minister has agreed that the remade plan is 10 substantially consistent with the existing plan. 11 Part 3 Master plans 12 Division 1 Preliminary 13 150 Application of pt 3 14 This part applies if the structure plan for a declared master 15 planned area requires a master plan for all or part of the area. 16 151 What is a master plan 17 A master plan is a master plan approved under section 181 18 that is still in force, and includes any conditions included in 19 the plan. 20 152 Relationship with regulation under s 232 21 (1) The master plan must be consistent with a regulation made 22 under section 232(1) or (2). 23 Page 125

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 153] (2) To the extent the master plan is inconsistent with a regulation 1 made under section 232(1) or (2), the master plan is of no 2 effect. 3 153 Relationship with other planning instruments 4 (1) If there is an inconsistency between a master plan and a State 5 planning instrument, the State planning instrument prevails to 6 the extent of the inconsistency. 7 (2) To the extent the master plan is, by doing either or both of the 8 things provided for under section 155(1)(c)(i) or (ii), different 9 from a local planning instrument, the master plan prevails. 10 (3) Subsection (1) is subject to section 154. 11 154 New planning instruments can not affect approved 12 master plan 13 If, after a master plan is approved, a new planning instrument 14 or an amendment of a planning instrument commences, 15 neither the planning instrument nor the amendment can 16 change or otherwise affect the master plan. 17 Division 2 General matters about master plans 18 155 Content of master plan 19 (1) The master plan must-- 20 (a) include a master plan area code that-- 21 (i) states the development entitlements and 22 development obligations for the master planning 23 unit for the plan; and 24 (ii) includes a master plan map that gives a spatial 25 dimension to the matters the subject of the code; 26 and 27 Page 126

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 155] (b) appropriately reflect the standard planning scheme 1 provisions; and 2 (c) for development in the master planning unit-- 3 (i) state whether the development is-- 4 (A) exempt development; or 5 (B) self-assessable development; or 6 (C) development requiring compliance 7 assessment; or 8 (D) assessable development requiring code or 9 impact assessment, or both code and impact 10 assessment; or 11 (ii) identify or include codes for the development; and 12 (iii) state when the development must be completed. 13 Note-- 14 If the development is not completed by the stated time, see section 158 15 (When master plan ceases to have effect). 16 (2) For subsection (1)(c)(i), the master plan may, for development 17 in the master planning unit, state levels of assessment that 18 vary the effect of a level of assessment stated in the structure 19 plan for the master planning unit, in 1 or more of the 20 following ways-- 21 (a) if the structure plan provides that a master plan may 22 state that assessable development requiring impact 23 assessment is self-assessable development, development 24 requiring compliance assessment or assessable 25 development requiring code assessment--vary the level 26 of assessment; 27 (b) for development stated in the structure plan as code 28 assessable development--vary its level of assessment to 29 self-assessable development or development requiring 30 compliance assessment; 31 (c) increase any level of assessment stated in the structure 32 plan. 33 Page 127

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 156] (3) For subsection (1)(c)(ii), the master plan may, for 1 development in the master planning unit, identify or include a 2 code for development that varies the effect of a code in the 3 local government's planning scheme included in the structure 4 plan for the master planning unit. 5 (4) However, the code for development-- 6 (a) can not vary the effect of the structure plan area code 7 identified or included in the structure plan; and 8 (b) must be substantially consistent with the code that it 9 varies the effect of. 10 (5) The master plan may-- 11 (a) require later master plans for the master planning unit; 12 and 13 (b) state requirements with which a later master plan must 14 comply. 15 Note-- 16 For other matters that may be included in a master plan, see chapter 6, 17 part 10 (Compliance stage). 18 156 Master plan attaches to land in master planning unit 19 (1) The master plan attaches to all land in the master planning 20 unit, and binds the owner, the owner's successors in title and 21 any occupier of the land. 22 (2) To remove any doubt, it is declared that subsection (1) applies 23 even if later development, including reconfiguring a lot, is 24 carried out or approved for the land, or the land is 25 reconfigured. 26 157 Local government approval required 27 A person preparing a proposed master plan under the structure 28 plan must apply for and obtain the local government's 29 approval of the proposed plan, under division 3. 30 Page 128

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 158] 158 When master plan ceases to have effect 1 A master plan ceases to have effect-- 2 (a) at the time stated in the plan as the time by which 3 development in the master planning unit must be 4 completed, whether or not the development has been 5 completed; or 6 (b) the earlier time when all development in the master 7 planning unit has been carried out in accordance with 8 the master plan. 9 Division 3 Applying for and obtaining approval 10 of proposed master plan 11 Subdivision 1 Application stage for proposed 12 master plan 13 159 Who may apply 14 A person may, under this division, apply (a master plan 15 application) to the local government for the approval of a 16 proposed master plan for a declared master planned area. 17 160 Requirements for application 18 (1) The master plan application must-- 19 (a) be written; and 20 (b) if the application is made other than by the owner of the 21 land in the master planning unit for the proposed master 22 plan--contain, or be supported by, the owner's written 23 consent to the making of the application; and 24 (c) state-- 25 (i) the proposed master plan; and 26 (ii) the master planning unit; and 27 Page 129

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 161] (iii) the street address, property description and area of 1 the master planning unit; and 2 (iv) the full name and postal address of the owner and 3 the applicant; and 4 (d) be signed by the applicant; and 5 (e) be accompanied by the number of copies of the 6 proposed master plan required by the local government 7 and any coordinating agency to allow compliance with 8 section 161; and 9 (f) be accompanied by-- 10 (i) any relevant regulatory fee fixed by a resolution of 11 the local government; and 12 (ii) any other fee prescribed under a regulation. 13 (2) The application is a properly made master plan application 14 only if-- 15 (a) it complies with subsection (1); or 16 (b) the local government receives and, after considering any 17 noncompliance with subsection (1), accepts the 18 application. 19 Subdivision 2 Information and response stage 20 161 Local government gives application to coordinating 21 agency 22 (1) The local government must give any coordinating agency a 23 copy of the properly made master plan application within 10 24 business days after receiving it. 25 (2) The coordinating agency must give a copy of the application 26 to the participating agencies within 5 business days after the 27 day the application is received by the coordinating agency. 28 Page 130

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 162] 162 Request for information from applicant 1 (1) The participating agencies, the coordinating agency and the 2 local government may ask the applicant, by written request (a 3 request for information), to give further information needed 4 to assess the master plan application. 5 (2) A participating agency must, within 40 business days or any 6 lesser period provided for under the structure plan after the 7 day (the request date) the application is received by the 8 participating agency, give the coordinating agency a written 9 notice-- 10 (a) making a request for information; or 11 (b) stating that the participating agency will not be making a 12 request for information. 13 (3) If there are participating agencies, the coordinating agency 14 must-- 15 (a) coordinate (the coordinated request) any requests for 16 information by the participating agencies and its own 17 request; and 18 (b) give the local government a written request making the 19 coordinated request within 10 business days after the 20 request date. 21 (4) If there are no participating agencies, the coordinating agency 22 must, within 40 business days after it receives the application, 23 give the local government a written notice-- 24 (a) making a request for information; or 25 (b) stating that the coordinating agency will not be making a 26 request for information. 27 (5) The local government must give any request for information 28 received from the coordinating agency, as well as any request 29 for information to be issued by the local government, to the 30 applicant within-- 31 Page 131

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 163] (a) 5 business days after the day the local government 1 receives a request for information from the coordinating 2 agency; or 3 (b) 15 business days after the request date if the local 4 government does not receive a request for information 5 from the coordinating agency; or 6 (c) if there is no coordinating agency--40 business days, or 7 any lesser period provided for under the structure plan, 8 after the day the application is received by the local 9 government. 10 (6) If a purported request for information by the coordinating 11 agency is made after the period required under this section, 12 the local government must give the applicant the purported 13 request within 5 business days after receiving the request. 14 163 Applicant responds to any request for information 15 (1) If the applicant receives a request for information from the 16 local government, the applicant must give the local 17 government a written response to each request for information 18 that-- 19 (a) gives all of the information requested; or 20 (b) gives part of the information requested together with a 21 written notice asking the coordinating agency and the 22 local government to proceed with the assessment of the 23 master plan application; or 24 (c) is a written notice-- 25 (i) stating that the applicant does not intend to supply 26 any of the information requested; and 27 (ii) asking the coordinating agency and the local 28 government to proceed with the assessment of the 29 application. 30 (2) The applicant must give the local government the response 31 within-- 32 Page 132

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 164] (a) generally--the period that ends 6 months after the day 1 the applicant received the request for information from 2 the local government (the usual period); or 3 (b) if, within the usual period, the local government and any 4 coordinating agency agree with the applicant to extend 5 the usual period--that extended period. 6 (3) The response must be accompanied by enough copies of it to 7 allow subsections (4) and (5) to be complied with. 8 (4) The local government must give the coordinating agency a 9 copy of the response within 5 business days after the day the 10 local government receives it. 11 (5) The coordinating agency must give a participating agency a 12 copy of the response within 5 business days after the day the 13 coordinating agency receives it. 14 (6) To remove any doubt, it is declared that this section does not 15 prevent the applicant from responding to a purported request 16 for information mentioned in section 162(6). 17 164 Lapsing of application if applicant does not respond 18 (1) The master plan application lapses if the applicant does not 19 comply with section 163(2). 20 (2) However, if the application is revived under section 165(1), 21 the master plan application lapses if the applicant does not 22 comply with section 165(2). 23 165 When application taken not to have lapsed 24 (1) A master plan application that, other than for this section, 25 would lapse under section 164(1) is revived if, within 5 26 business days after the application would otherwise have 27 lapsed, the applicant gives the local government written notice 28 that the applicant seeks to revive the application. 29 Page 133

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 166] (2) If the master plan application is revived under subsection (1), 1 the applicant must give the local government the response 2 mentioned in section 163 before the end of-- 3 (a) 5 business days after giving the notice mentioned in 4 subsection (1); or 5 (b) the further period agreed between the local government 6 and the applicant. 7 (3) If the application is revived under subsection (1), for this 8 division the application is taken not to have lapsed under 9 section 164(1). 10 Subdivision 3 Consultation stage 11 166 When consultation is required 12 (1) The applicant must give public notice of the master plan 13 application-- 14 (a) in the circumstances stated in the structure plan for the 15 master planned area; or 16 (b) if the proposed master plan seeks to reduce the level of 17 assessment of assessable development requiring impact 18 assessment stated in the structure plan as being capable 19 of being reduced in a master plan to-- 20 (i) self-assessable development; or 21 (ii) development requiring compliance assessment; or 22 (iii) assessable development requiring code assessment. 23 (2) The public notice must comply with sections 167 and 168. 24 (3) If the public notice is required, the applicant must give the 25 local government a copy of the notice. 26 Page 134

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 167] 167 Content requirements for public notice 1 (1) Any required public notice of the master plan application 2 must be the publication, at least once in a newspaper 3 circulating in the master planned area, of a notice stating the 4 following-- 5 (a) that the applicant has applied for approval of a proposed 6 master plan; 7 (b) a description of the master plan and the master planning 8 unit; 9 (c) a contact telephone number of the local government for 10 information about the proposed master plan; 11 (d) that the application is open for inspection and purchase; 12 (e) that written submissions about any aspect of the 13 application may be made to the local government by any 14 person; 15 (f) the period (the consultation period) during which a 16 submission may be made; 17 (g) that the making of a submission does not give rise to a 18 right of appeal against a decision about the application; 19 (h) the requirements for a properly made submission. 20 (2) The consultation period-- 21 (a) must be at least 20 business days after the publication; 22 and 23 (b) must not include any business day from 20 December in 24 a particular year to 5 January in the following year, both 25 days inclusive. 26 168 When public notice must be given 27 (1) Any required public notice of the master plan application 28 must be published within 20 business days after-- 29 Page 135

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 169] (a) if a request for information is made under section 1 162--the response to the request mentioned in section 2 163 is given to the local government; or 3 (b) if no request for information is made under section 4 162--the end of the period mentioned in section 5 162(5)(b) or (c). 6 (2) However, if-- 7 (a) a purported request for information is made after the 8 period required under section 162; and 9 (b) the applicant elects to comply with the request within 10 the 20 business days mentioned in subsection (1); 11 the public notice must be given within 20 business days after 12 the applicant complies with the request. 13 169 Notice to comply with public notice requirement 14 (1) This section applies if public notice of the master plan 15 application is required and the applicant does not comply with 16 section 168. 17 (2) The local government may give the applicant written notice 18 requiring the public notice under section 168 to be published 19 within a stated period after the giving of the notice. 20 (3) The stated period must be at least 10 business days after the 21 giving of the notice. 22 170 Lapsing of application if notice not complied with 23 If the applicant does not comply with a notice under section 24 169, the master plan application lapses. 25 171 Making submissions 26 (1) During the consultation period, any person may make a 27 submission to the local government about the master plan 28 application. 29 Page 136

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 172] (2) The local government must accept a submission if the 1 submission is a properly made submission. 2 (3) However, the local government may accept a written 3 submission even if the submission is not a properly made 4 submission. 5 (4) If the local government has accepted a submission, the person 6 who made the submission may, by written notice-- 7 (a) during the consultation period, amend the submission; 8 or 9 (b) at any time before a decision on the application is made 10 by the local government, withdraw the submission. 11 172 Distribution of submissions 12 (1) The local government must, if asked by the coordinating 13 agency, give a copy of each properly made submission or 14 other submission accepted under section 171(3) or amended 15 under section 171(4)(a) to the coordinating agency-- 16 (a) for a properly made submission--within 5 business days 17 after the end of the consultation period; or 18 (b) for a submission accepted under section 171(3) or 19 amended under section 171(4)(a)--within 5 business 20 days after the submission is accepted or amended. 21 (2) The local government must also advise the coordinating 22 agency of any withdrawn submission within 5 business days 23 after the local government is advised a submission is 24 withdrawn. 25 (3) The coordinating agency must give a copy of the submissions 26 received by it under subsection (1) to the participating 27 agencies within 5 business days after the day the coordinating 28 agency receives the submissions from the local government. 29 (4) The coordinating agency must advise the participating 30 agencies of any withdrawn submission within 5 business days 31 after the day the coordinating agency receives an advice under 32 subsection (2). 33 Page 137

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 173] Subdivision 4 State government decision stage 1 173 Assessment by participating agency and 2 coordinating agency 3 (1) Any participating agency and any coordinating agency must 4 assess the master plan application-- 5 (a) for participating agencies, within the limits of their 6 jurisdiction as stated in the structure plan; and 7 (b) against the following-- 8 (i) State planning regulatory provisions; 9 (ii) a regional plan not identified as appropriately 10 reflected in the structure plan; 11 (iii) State planning policies, to the extent the policies 12 are not identified in-- 13 (A) any relevant regional plan as being 14 appropriately reflected in the regional plan; 15 or 16 (B) the structure plan as being appropriately 17 reflected in the structure plan; 18 (iv) if the master planning unit contains designated 19 land, its designation; 20 (v) the structure plan for the master planned area; 21 (vi) other master plans applicable to the master 22 planning unit for the proposed master plan; 23 (vii) State infrastructure agreements for the master 24 planned area; and 25 (c) having regard to-- 26 (i) the planning scheme and any other relevant local 27 planning instrument; and 28 (ii) other master plans applicable to the master planned 29 area. 30 Page 138

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 174] (2) In assessing the application, a participating agency or the 1 coordinating agency may give the weight it is satisfied is 2 appropriate to a document of a type mentioned in subsection 3 (1)(b) or (c) that came into effect after the application was 4 made but before it acts under section 174 or 178. 5 174 When participating agency's response must be given 6 (1) A participating agency must advise the coordinating agency 7 of its recommendation within the required period after-- 8 (a) if the participating agency does not make a request for 9 information--the day it received the master plan 10 application; or 11 (b) if the participating agency makes a request for 12 information--the day it receives the response to the 13 request. 14 (2) In this section-- 15 required period means-- 16 (a) generally--60 business days; or 17 (b) if the structure plan states a lesser period for the giving 18 of the recommendation--the lesser period. 19 175 Participating agency's response powers 20 (1) A participating agency may, within the limits of its 21 jurisdiction as stated in the structure plan, recommend to the 22 coordinating agency one or more of the following-- 23 (a) that it has no conditions to include in an approval of the 24 proposed master plan; 25 (b) conditions that must be included in an approval of the 26 proposed master plan; 27 (c) that any approval must be for part only of the proposed 28 master plan; 29 Page 139

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 176] (d) that the master plan application be refused. 1 (2) Subsection (1) is subject to section 183. 2 176 Coordinating agency's assessment 3 The coordinating agency must, within 20 business days after 4 receiving the last response from a participating agency (the 5 coordinating agency assessment period)-- 6 (a) consider each participating agency's response; and 7 (b) make a preliminary assessment of the application, based 8 on the assessment carried out under section 173; and 9 (c) if there is a conflict between the preliminary assessment 10 and a participating agency's response, or between the 11 responses of participating agencies, seek to achieve in 12 consultation with the relevant participating agency or 13 agencies an agreed State government response to the 14 master plan application. 15 177 Resolution of conflict by Minister 16 (1) If the coordinating agency can not resolve an agreed State 17 government response to the master plan application, the 18 coordinating agency must, within the coordinating agency 19 assessment period, refer the matter to the Minister. 20 (2) If a matter is referred to the Minister, the Minister must-- 21 (a) establish a committee to prepare a report on the matters 22 and, having considered the report, decide the response to 23 be provided by the coordinating agency; or 24 (b) having considered the written views of the parties, 25 decide the response to be provided by the coordinating 26 agency. 27 (3) The Minister's decision must not be contrary to any relevant 28 law. 29 Page 140

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 178] 178 Coordinating agency's decision 1 (1) The coordinating agency must advise the local government of 2 the coordinating agency's decision within 5 business days 3 after-- 4 (a) the end of the coordinating agency assessment period if 5 there is an agreed State government response to the 6 master plan application; or 7 (b) receiving the Minister's decision. 8 (2) The coordinating agency's decision must tell the local 9 government one or more of the following-- 10 (a) that it has no conditions to include in an approval of the 11 proposed master plan; 12 (b) conditions (coordinating agency conditions) that must 13 be included in an approval of the proposed master plan; 14 (c) that any approval must be for part only of the proposed 15 master plan; 16 (d) that the master plan application be refused. 17 (3) Subsection (2) is subject to section 183. 18 (4) To remove any doubt, it is declared that the coordinating 19 agency may exercise any power of the participating agency 20 that the participating agency would have exercised if it had 21 been making the decision. 22 Subdivision 5 Local government decision stage 23 179 Decision-making period 24 (1) If there is a coordinating agency for the master plan 25 application, the local government must decide the application 26 within the later of-- 27 (a) 60 business days after the day the applicant gave a 28 response to a request for information under section 163; 29 or 30 Page 141

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 180] (b) 40 business days after the day any coordinating agency 1 advises the local government of its decision under 2 section 178. 3 (2) If there is no coordinating agency for the master plan 4 application, the local government must decide the application 5 within 60 business days after-- 6 (a) if a request for information has been made for the 7 application within the period (the request period) under 8 section 162(5)--the day the applicant gave a response to 9 the request; or 10 (b) if no request for information has been made for the 11 application within the request period--the end of the 12 request period. 13 180 Assessment by local government 14 (1) The local government must assess the master plan 15 application-- 16 (a) against the following-- 17 (i) State planning regulatory provisions; 18 (ii) a regional plan not identified as appropriately 19 reflected in the structure plan; 20 (iii) State planning policies, to the extent the policies 21 are not identified in-- 22 (A) any relevant regional plan as being 23 appropriately reflected in the regional plan; 24 or 25 (B) the structure plan as being appropriately 26 reflected in the structure plan; 27 (iv) the structure plan for the master planned area; 28 (v) other master plans applicable to the master 29 planning unit for the proposed master plan; 30 Page 142

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 181] (vi) the planning scheme and any other relevant local 1 planning instrument; 2 (vii) local infrastructure agreements for the master 3 planned area; and 4 (b) having regard to the following-- 5 (i) any requests for information and responses to 6 them; 7 (ii) submissions accepted by the local government; 8 (iii) any coordinating agency's decision; 9 (iv) other master plans applicable to the master planned 10 area. 11 (2) In assessing the application, the local government may give 12 the weight it is satisfied is appropriate to a document of a type 13 mentioned in subsection (1) that came into effect after the 14 application was made but before the local government makes 15 its decision on the application. 16 181 Local government's decision generally 17 (1) In deciding the master plan application, the local government 18 must-- 19 (a) approve all or part of the proposed master plan and 20 include in it, in the exact form given by any coordinating 21 agency, any coordinating agency conditions; or 22 (b) approve all or part of the proposed master plan subject 23 to conditions decided by the local government and 24 include in it, in the exact form given by any coordinating 25 agency, any coordinating agency conditions; or 26 (c) refuse the application. 27 (2) An approval under subsection (1) may be given with or 28 without changes to the proposed master plan. 29 (3) The local government's decision must be based on the 30 assessment carried out under section 180. 31 Page 143

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 182] (4) For an approval under subsection (1)(a) or (b), if the 1 coordinating agency's decision has under section 178(2) 2 stated an action that must be taken, the local government must 3 also take the action. 4 182 Restrictions on giving approval 5 (1) The local government can not approve the proposed master 6 plan if-- 7 (a) it does not comply with, or would be inconsistent with 8 the requirements for a master plan under, section 155; or 9 (b) it is contrary to a State planning regulatory provision; or 10 (c) it conflicts with a regional plan not identified as 11 appropriately reflected in the structure plan; or 12 (d) it conflicts with a State planning policy not identified 13 in-- 14 (i) any relevant regional plan as being appropriately 15 reflected in the regional plan; or 16 (ii) the structure plan as being appropriately reflected 17 in the structure plan; or 18 (e) it compromises the achievement of the strategic 19 outcomes for-- 20 (i) the local government's planning scheme area; or 21 (ii) the master planned area, as stated in the structure 22 plan for the area; or 23 (f) it conflicts with the structure plan area code for the 24 master planned area; or 25 (g) it conflicts with a master plan that already applies to the 26 master planning unit; or 27 (h) any coordinating agency has stated that the proposed 28 master plan must not be approved. 29 (2) A decision to approve the proposed master plan (the relevant 30 plan) must not be made before a decision has been made to 31 Page 144

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 183] approve another proposed master plan that the structure plan 1 for the master planned area requires to be approved before the 2 relevant plan. 3 (3) If a master plan application for approval of the other proposed 4 master plan is refused, the master plan application for the 5 relevant plan must be refused. 6 183 Conditions 7 (1) A condition included in a master plan must-- 8 (a) be relevant to, but not an unreasonable imposition on, 9 the development or use of premises as a consequence of 10 the development provided for in the master plan; or 11 (b) be reasonably required for the development or use of 12 premises as a consequence of the development provided 13 for in the master plan. 14 (2) Without limiting subsection (1), a condition included in a 15 master plan may-- 16 (a) limit how long a lawful use may continue or works may 17 remain in place; or 18 (b) state that development in the master planning unit can 19 not start until-- 20 (i) other master plans for the master planning unit 21 have taken effect; or 22 (ii) development permits for assessable development 23 in the master planning unit have taken effect; or 24 (iii) compliance permits for development requiring 25 compliance assessment in the master planning unit 26 have taken effect; or 27 (iv) other development in the master planning unit has 28 been substantially started or completed; or 29 (c) relate to infrastructure if the condition is of a type that 30 could have been imposed had the master plan 31 Page 145

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 184] application been a development application made at the 1 same time as the master plan application; or 2 (d) require compliance with an infrastructure agreement 3 relating to the master planned area. 4 Note-- 5 See also section 196 (Modified application of provisions about 6 infrastructure for master plan). 7 (3) A condition imposed under subsection (2)(d) is taken to 8 comply with subsection (1). 9 184 Notice of decision 10 (1) The local government must, within 5 business days after the 11 day the local government decides the master plan application, 12 give written notice about the decision to-- 13 (a) the applicant; and 14 (b) any coordinating agency. 15 (2) The local government must give the coordinating agency 16 enough copies of the notice to allow the coordinating agency 17 to comply with subsection (4). 18 (3) The notice must-- 19 (a) state the decision and the day it was made; and 20 (b) include a copy of any master plan as approved; and 21 (c) if the application is refused, state whether-- 22 (i) the local government was directed to refuse the 23 application; and 24 (ii) the refusal was solely because of the coordinating 25 agency's direction; and 26 (d) state the applicant's rights of appeal against the 27 decision. 28 (4) The coordinating agency must give a copy of the notice to 29 each participating agency within 5 business days after the 30 Page 146

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 185] coordinating agency receives the notice from the local 1 government. 2 185 Representations about conditions and other matters 3 (1) This section applies if the applicant makes written 4 representations to the local government about a matter stated 5 in the notice given under section 184 (the original notice), 6 within the applicant's appeal period. 7 (2) If the matter relates to coordinating agency conditions-- 8 (a) the local government must give any coordinating agency 9 a copy of the representations; and 10 (b) the coordinating agency must advise the local 11 government whether or not it agrees with the 12 representations. 13 (3) If the relevant entity agrees with any of the representations, 14 the local government must give a new notice under section 15 184 (a negotiated notice) to-- 16 (a) the applicant; and 17 (b) the coordinating agency. 18 (4) Only 1 negotiated notice may be given. 19 (5) The negotiated notice-- 20 (a) must be given within 5 business days after the day the 21 relevant entity agrees with the representations; and 22 (b) must be in the same form as the original notice; and 23 (c) must state the nature of the changes; and 24 (d) replaces the original notice. 25 (6) If the relevant entity does not agree with any of the 26 representations, the local government must, within 5 business 27 days after the day it decides not to agree with any of the 28 representations, give written notice to the applicant stating the 29 decision on the representations. 30 Page 147

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 186] (7) Before the relevant entity agrees to a change under this 1 section, it must reconsider the matters considered when the 2 original decision was made by the relevant entity, to the extent 3 the matters are relevant. 4 (8) If the master plan approved by the negotiated notice is 5 different from the master plan approved under section 184 in a 6 way that affects the amount of an infrastructure charge, 7 regulated infrastructure charge or regulated State 8 infrastructure charge-- 9 (a) the local government may give the applicant an 10 infrastructure charges notice or a regulated 11 infrastructure charges notice that replaces an existing 12 infrastructure charges notice, negotiated infrastructure 13 charges notice, regulated infrastructure charges notice or 14 negotiated regulated infrastructure charges notice; or 15 (b) the coordinating agency may give the applicant a new 16 regulated State infrastructure charges notice that 17 replaces an existing regulated State infrastructure 18 charges notice or negotiated regulated State 19 infrastructure charges notice. 20 (9) In this section-- 21 relevant entity, for the representations, means-- 22 (a) to the extent the representations relate to coordinating 23 agency conditions--the coordinating agency; or 24 (b) otherwise--the local government. 25 186 Applicant may suspend applicant's appeal period 26 (1) If the applicant needs more time to make the written 27 representations, the applicant may, by written notice given to 28 the local government (the suspension notice), suspend the 29 applicant's appeal period. 30 (2) The applicant may act under subsection (1) only once. 31 Page 148

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 187] (3) If the representations are not made within 20 business days 1 after the giving of the suspension notice, the balance of the 2 applicant's appeal period restarts. 3 (4) If the representations are made within 20 business days after 4 the giving of the suspension notice-- 5 (a) if the applicant gives the local government a notice 6 withdrawing the suspension notice--the balance of the 7 applicant's appeal period restarts the day after the local 8 government receives the notice; or 9 (b) if the local government gives the applicant a notice 10 under section 185(6)--the balance of the applicant's 11 appeal period restarts the day after the applicant receives 12 the notice; or 13 (c) if the local government gives the applicant a negotiated 14 notice for the master plan application--the applicant's 15 appeal period starts again the day after the applicant 16 receives the notice. 17 187 When approval takes effect 18 If the proposed master plan is approved, or approved subject 19 to conditions, the plan takes effect-- 20 (a) if, after receiving notice of the decision under section 21 184, the applicant gives the local government written 22 notice that it will not be appealing the decision--from 23 when the written notice is given; or 24 (b) if, at the end of the applicant's appeal period, the 25 applicant has not appealed against the decision and no 26 notice has been given under paragraph (a)--at the end of 27 the applicant's appeal period; or 28 (c) if an appeal is made to the court, subject to the decision 29 of the court under section 496, when the appeal is finally 30 decided or withdrawn. 31 Page 149

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 188] 188 Effect on decision stage if action taken under Native Title 1 Act (Cwlth) 2 (1) This section applies if a local government takes action under 3 the Native Title Act 1993 (Cwlth), section 24HA or 24KA 4 relating to the master plan application. 5 (2) If the local government takes the action before deciding the 6 application, the deciding of the application must not start until 7 the action is completed. 8 (3) If the local government takes the action after the local 9 government decision stage under this subdivision has started, 10 that stage stops the day after the action is taken and starts 11 again the day after the action is completed. 12 Subdivision 6 Ministerial directions about 13 application 14 189 Ministerial directions to local government 15 (1) This section applies if the Minister considers the local 16 government has not-- 17 (a) taken an action within the period required of it under 18 this division; or 19 (b) made a decision on representations made to it under 20 section 185. 21 (2) The Minister may, by written notice, direct the local 22 government to, within a stated reasonable period, take the 23 action or make a decision on the representations. 24 (3) The notice must state the reasons for deciding to give the 25 direction. 26 (4) The Minister must give the applicant and any coordinating 27 agency a copy of the notice. 28 (5) The local government must comply with the direction. 29 Page 150

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 190] 190 Ministerial directions to applicant 1 (1) This section applies if the Minister considers the applicant has 2 not taken an action required of it under this division. 3 (2) The Minister may, by written notice, direct the applicant to 4 take the action within a stated reasonable period. 5 (3) The notice must state the reasons for deciding to give the 6 direction. 7 (4) The Minister must give the local government and any 8 coordinating agency a copy of the notice. 9 (5) The applicant must comply with the direction. 10 Subdivision 7 Changing or withdrawing 11 applications 12 191 Changing application 13 (1) Before the master plan application is decided by the local 14 government, the applicant may change the application by 15 giving the local government written notice of the change. 16 (2) The local government must give any coordinating agency a 17 copy of the notice as soon as practicable after receiving it. 18 (3) The steps under this division must be repeated for the 19 application as changed. 20 (4) However, subsection (3) does not apply if-- 21 (a) the change is-- 22 (i) to correct or change a matter mentioned in 23 subsection (5); or 24 (ii) in response to a request for information; and 25 (b) the local government is satisfied the change would not 26 adversely affect the ability of a person to assess the 27 changed application. 28 Page 151

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 192] (5) For subsection (4)(a)(i), the matters are any of the 1 following-- 2 (a) an explanatory matter about the proposed master plan; 3 (b) the format or presentation of the plan; 4 (c) a spelling, grammatical or mapping error in the plan; 5 (d) a factual error in the plan; 6 (e) a redundant or outdated term in the plan; 7 (f) a mistake about the applicant's name or address or the 8 owner of land in the master planning unit; 9 (g) a mistake about the street address, property description 10 or area of the master planning unit; 11 (h) the inconsistent numbering of provisions; 12 (i) a cross-reference in the plan. 13 192 Withdrawing application 14 (1) At any time before the master plan application is decided by 15 the local government, the applicant may withdraw the 16 application by giving written notice of the withdrawal to the 17 local government. 18 (2) The local government must give any coordinating agency a 19 copy of the notice as soon as practicable after receiving it. 20 Subdivision 8 Miscellaneous provisions 21 193 Agreements about master plan 22 The applicant may enter into an agreement with an entity, 23 including, for example, the local government or coordinating 24 agency or participating agency, to establish the obligations or 25 secure the performance of the proposed master plan or the 26 master plan when it takes effect. 27 Page 152

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 194] 194 Substantial compliance 1 If the master plan is approved in substantial compliance with 2 this division and has taken effect, it is valid so long as any 3 noncompliance has not-- 4 (a) adversely affected the awareness of the public of the 5 existence and nature of the proposed master plan; or 6 (b) restricted the opportunity of the public to make a 7 properly made submission about the relevant master 8 plan application; or 9 (c) restricted the opportunity of a coordinating agency, a 10 participating agency or the local government to perform 11 their functions under this division. 12 195 Additional third party advice or comment 13 (1) The local government may, at any time before it decides the 14 master plan application, ask any person for advice or 15 comment about the application. 16 (2) However, asking for and receiving advice or comment does 17 not extend any period under this division. 18 (3) There is no particular way advice or comment may be asked 19 for and received and the request may be by publicly notifying 20 the application. 21 (4) To remove any doubt, it is declared that public notification 22 under subsection (3) does not constitute a public notice of the 23 application by the applicant. 24 196 Modified application of provisions about infrastructure 25 for master plan 26 (1) Chapter 8, parts 1 and 3 apply for a master plan and the 27 relevant master plan application for it-- 28 (a) as if a reference in the parts to a development 29 application were a reference to the master plan 30 application; and 31 Page 153

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 197] (b) as if a reference in the parts to an applicant were a 1 reference to a person who made the master plan 2 application; and 3 (c) as if a reference in the parts to a development approval 4 were a reference to an approval of a master plan; and 5 (d) as if a reference in the parts to a condition were a 6 reference to a condition included in a master plan; and 7 (e) as if a reference in the parts to a State infrastructure 8 provider were a reference to a coordinating agency; and 9 (f) as if a reference in the parts to an assessment manager 10 were a reference to the local government; and 11 (g) as if a reference in the parts to a concurrence agency 12 were a reference to a coordinating agency; and 13 (h) with other necessary changes. 14 (2) To remove any doubt, it is declared that subsection (1) does 15 not affect the operation of chapter 8, parts 1 and 3, for a 16 development application. 17 197 Notation of master plan on planning scheme 18 (1) This section applies if the master plan is approved and is in 19 force. 20 (2) The local government must-- 21 (a) note the master plan on its planning scheme; and 22 (b) give the chief executive written notice of the notation 23 and the land to which the note relates. 24 (3) The note is not an amendment of the planning scheme. 25 (4) Failure to comply with subsection (2) does not affect the 26 validity of the master plan. 27 Page 154

 


 

Sustainable Planning Bill 2009 Chapter 4 Planning partnerships Part 3 Master plans [s 198] Division 4 Amending or cancelling master 1 plans 2 198 Application to amend master plan 3 (1) A person may apply to amend a master plan. 4 (2) The application must be made and decided under division 3 in 5 the same way as a master plan application as if the proposed 6 amendment were a proposed master plan. 7 (3) However, the written consent of an owner of land in the 8 master planning unit is not required if, in the local 9 government's opinion, the proposed amendment does not 10 materially affect the land. 11 (4) Subject to subsection (3), the local government may accept 12 the application even if it does not comply with the 13 requirements applying for an application under division 3. 14 199 Cancellation of master plan by local government 15 (1) The local government may cancel a master plan only if-- 16 (a) all owners of land in the master planning unit have given 17 written consent to the cancellation; and 18 (b) development under the plan has not started. 19 (2) In this section-- 20 cancel does not include amend or replace. 21 Page 155

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 1 Preliminary [s 200] Chapter 5 Designation of land for 1 community infrastructure 2 Part 1 Preliminary 3 200 Who may designate land 4 A Minister or a local government may, under this chapter, 5 designate land for community infrastructure prescribed under 6 a regulation for this section. 7 Note-- 8 In this chapter, Minister includes any Minister. See definition Minister 9 in schedule 3 (Dictionary). 10 201 Matters to be considered when designating land 11 Land may be designated for community infrastructure only if 12 the Minister or local government is satisfied the community 13 infrastructure will-- 14 (a) facilitate the implementation of legislation and policies 15 about environmental protection or ecological 16 sustainability; or 17 (b) facilitate the efficient allocation of resources; or 18 (c) satisfy statutory requirements or budgetary 19 commitments of the State or local government for the 20 supply of community infrastructure; or 21 (d) satisfy the community's expectations for the efficient 22 and timely supply of the infrastructure. 23 202 What designations may include 24 A designation may include-- 25 (a) requirements about works or the use of the land for the 26 community infrastructure, including the height, shape, 27 Page 156

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 1 Preliminary [s 203] bulk or location of the works on the land, vehicular 1 access to the land, vehicular and pedestrian circulation 2 on the land, hours of operation of the use, landscaping 3 on the land and ancillary uses of the land; and 4 (b) other requirements designed to lessen the impacts of the 5 works or the use of the land for community 6 infrastructure, including procedures for environmental 7 management. 8 203 How IDAS applies to designated land 9 Development under a designation is exempt development, to 10 the extent the development is either, or both, of the 11 following-- 12 (a) self-assessable development, development requiring 13 compliance assessment or assessable development 14 under a planning scheme; 15 (b) reconfiguring a lot. 16 204 Relationship of designation to State Development and 17 Public Works Organisation Act 1971 18 (1) Subsection (2) applies if land in a declared State development 19 area under the State Development and Public Works 20 Organisation Act 1971 is designated under this part. 21 (2) Despite section 84 of that Act, use of the land in accordance 22 with the designation-- 23 (a) is taken to be a use of the land in accordance with the 24 approved development scheme for the land under that 25 Act; and 26 (b) is not a use that contravenes section 84 of that Act. 27 205 How infrastructure charges apply to designated land 28 If a public sector entity that is a department or part of a 29 department proposes or starts development under a 30 Page 157

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 1 Preliminary [s 206] designation, the entity is not required to pay any charge for 1 infrastructure under chapter 8, part 1 for the development. 2 206 How designations must be shown in planning schemes 3 (1) If a local government designates land, or notes a designation 4 of land by the Minister on its planning scheme, the 5 designation or note must-- 6 (a) identify the land; and 7 (b) state the type of community infrastructure for which the 8 land was designated; and 9 (c) state the day the designation was made; and 10 (d) refer to any matters included as part of the designation 11 under section 202; and 12 (e) be shown in the planning scheme in a way that other 13 provisions in the planning scheme applying to the land 14 remain effective even if the designation is repealed or 15 ceases to have effect. 16 (2) To remove any doubt, it is declared that-- 17 (a) a designation is part of a planning scheme; and 18 (b) designation is not the only way community 19 infrastructure may be identified in a planning scheme; 20 and 21 (c) the provisions of a planning scheme, other than the 22 provision that designates land, applying to designated 23 land remain effective even if the designation is repealed 24 or ceases to have effect. 25 Page 158

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 2 Ministerial designations [s 207] Part 2 Ministerial designations 1 207 Matters the Minister must consider before designating 2 land 3 (1) Before designating land, the Minister must be satisfied that, 4 for the development the subject of the proposed designation-- 5 (a) adequate environmental assessment has been carried 6 out; and 7 (b) in carrying out environmental assessment under 8 paragraph (a), there was adequate public consultation; 9 and 10 (c) adequate account has been taken of issues raised during 11 the public consultation; and 12 (d) for land to which section 204 applies--adequate 13 account has been taken of the approved development 14 scheme mentioned in that section. 15 (2) The Minister must also consider-- 16 (a) every properly made submission under subsection (4); 17 and 18 (b) for land to which a State planning regulatory provision 19 applies--the provision; and 20 (c) for land in a designated region--the region's regional 21 plan; and 22 (d) each relevant State planning policy; and 23 (e) for land in a declared master planned area--any master 24 plans for the area; and 25 (f) each relevant local planning instrument. 26 (3) For subsection (1), there has been adequate environmental 27 assessment and public consultation in carrying out 28 environmental assessment if-- 29 Page 159

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 2 Ministerial designations [s 207] (a) the assessment and consultation has been carried out as 1 required by guidelines made by the chief executive 2 under section 760 for assessing the impacts of the 3 development; or 4 (b) the processes under chapter 6, part 4 and part 5, division 5 2, have been completed for a development application 6 for the community infrastructure to which the 7 designation relates; or 8 (c) the process under chapter 9, part 2, division 2, has been 9 completed for an EIS for development for the 10 community infrastructure; or 11 (d) public notification has been carried out for a planning 12 scheme, or an amendment of a planning scheme, that 13 includes the community infrastructure, under the 14 guideline mentioned in section 117(1); or 15 (e) public notification has been carried out for a structure 16 plan for a declared master planned area that includes the 17 community infrastructure, under the guideline 18 mentioned in section 145; or 19 (f) the coordinator-general has, under the State 20 Development and Public Works Organisation Act 1971, 21 section 35, prepared a report evaluating an EIS for, or 22 including, development for the community 23 infrastructure; or 24 (g) the process under the Environmental Protection Act, 25 chapter 3, part 1 has been completed for an EIS for 26 development for the community infrastructure. 27 Editor's note-- 28 Environmental Protection Act, chapter 3 (Environmental impact 29 statements), part 1 (EIS process) 30 (4) However, if written notice of the proposed designation has not 31 been given to each of the following entities about an action 32 mentioned in subsection (3), the Minister must give written 33 notice of the proposed designation to the entities inviting 34 submissions about the proposed designation-- 35 Page 160

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 2 Ministerial designations [s 208] (a) the owner of any land to which the proposed designation 1 applies; 2 (b) each local government the Minister is satisfied the 3 designation affects. 4 (5) A notice given under subsection (4) must give the entities at 5 least 15 business days to make a submission. 6 208 Procedures after designation 7 (1) If the Minister designates land, the Minister must give a notice 8 to-- 9 (a) each owner of the land; and 10 (b) each local government the Minister is satisfied the 11 designation affects; and 12 (c) the chief executive. 13 (2) The notice must state each of the following-- 14 (a) that the designation has been made; 15 (b) the description of the land; 16 (c) the type of community infrastructure for which the land 17 has been designated; 18 (d) any matters mentioned in section 202 and included as 19 part of the designation. 20 (3) The Minister must also publish a gazette notice stating the 21 matters mentioned in subsection (2)(a) to (c). 22 209 Procedures if designation does not proceed 23 If the Minister decides not to proceed with a proposed 24 designation, the Minister must give a notice, stating that the 25 designation will not proceed, to the persons mentioned in 26 section 208(1)(a) and (b). 27 Page 161

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 3 Local government designations [s 210] 210 Effects of ministerial designations 1 A designation made under this part-- 2 (a) if the designation states that it replaces an existing 3 designation--replaces the existing designation; and 4 (b) has effect on and from-- 5 (i) the day the designation is notified in the gazette; or 6 (ii) if a later day for the commencement of the 7 designation is stated in the notice--the later day. 8 211 When local government must include designation in 9 planning scheme 10 (1) If a local government receives a notice from a Minister stating 11 that the Minister has made a designation in or near its 12 planning scheme area, the local government must note the 13 designation on-- 14 (a) its planning scheme (if any); and 15 (b) any new planning scheme it makes before the 16 designation ceases to have effect. 17 (2) The note is not an amendment of the planning scheme. 18 Part 3 Local government designations 19 212 Designation of land by local government 20 (1) A local government may only designate land by using the 21 process stated in the guideline mentioned in section 117(1) to 22 include the designation as a substantive provision of its 23 planning scheme. 24 (2) Subsection (1) applies whether or not the local government 25 owns the land. 26 Page 162

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 4 Duration and reconfirmation of designations [s 213] (3) However, land identified in a priority infrastructure plan as 1 land for community infrastructure is not designated land 2 unless it is also specifically identified as designated land. 3 213 Designating land the local government does not own 4 (1) This section applies if the local government proposes to 5 designate land it does not own. 6 (2) Before the start of the consultation period for making or 7 amending a planning scheme intended to include the 8 designation, the local government must give written notice of 9 the proposed designation to the owner of the land. 10 (3) The notice must state the following-- 11 (a) the description of the land proposed to be designated, 12 including a plan of the land; 13 (b) the type of community infrastructure for which the 14 designation is proposed; 15 (c) the reasons for the designation; 16 (d) that written submissions about any aspect of the 17 proposed designation may be given to the local 18 government during the consultation period. 19 Part 4 Duration and reconfirmation of 20 designations 21 214 Duration of designations 22 (1) A designation ceases to have effect-- 23 (a) if the designation is made by a Minister--6 years after 24 notice of the designation was published in the gazette 25 (the designation cessation day); or 26 Page 163

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 4 Duration and reconfirmation of designations [s 215] (b) if the designation is made by a local government--6 1 years after the planning scheme or amendment that 2 incorporated the designation took effect (also the 3 designation cessation day). 4 (2) If, after designating land but before the designation cessation 5 day, a local government makes a new planning scheme and 6 includes an existing designation as a substantive provision of 7 the new planning scheme-- 8 (a) the existing designation continues to have effect until its 9 designation cessation day under subsection (1); and 10 (b) section 213 does not apply to remaking the designation 11 in the new planning scheme. 12 215 When designations do not cease 13 (1) A designation does not cease to have effect on the designation 14 cessation day if-- 15 (a) on the designation cessation day, an entity other than a 16 public sector entity or the local government owns, or has 17 a public utility easement over, the designated land and 18 construction of community infrastructure started before 19 the designation cessation day; or 20 (b) on the designation cessation day, a public sector entity 21 or the local government owns, or has a public utility 22 easement, for the same purpose as the designation, over, 23 the designated land; or 24 (c) before the designation cessation day, a public sector 25 entity or the local government gave a notice of intention 26 to resume the designated land under the Acquisition 27 Act, section 7; or 28 (d) before the designation cessation day, a public sector 29 entity or the local government signed an agreement to 30 take under the Acquisition Act or to otherwise buy the 31 designated land; or 32 Page 164

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 4 Duration and reconfirmation of designations [s 216] (e) for a designation made by the Minister--before the 1 designation cessation day, the Minister gave the local 2 government written notice reconfirming the designation. 3 (2) However, if a public sector entity or a local government 4 discontinues proceedings to resume designated land, whether 5 before or after the designation cessation day, the designation 6 ceases to have effect the day the proceedings are 7 discontinued. 8 (3) To remove any doubt, it is declared that a designation of land 9 or any notice given to an owner about a designation of land 10 does not constitute a notice of intention to resume under the 11 Acquisition Act, section 7. 12 216 Reconfirming designation 13 (1) If the Minister gives a local government written notice under 14 section 215(1)(e) reconfirming a designation-- 15 (a) the local government must display the notice in a 16 conspicuous place in the local government's public 17 office; and 18 (b) the Minister must-- 19 (i) give the owner of the land a copy of the notice; and 20 (ii) publish the notice in the gazette; and 21 (c) the designation has effect for another 6 years after the 22 notice is published in the gazette. 23 (2) When a local government receives a notice from the Minister 24 reconfirming a designation in or near its planning scheme 25 area, the local government must again note the designation 26 on-- 27 (a) its planning scheme (if any); and 28 (b) any new planning scheme it makes before the 29 designation ceases to have effect. 30 (3) The note is not an amendment of the planning scheme. 31 Page 165

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 5 Repealing designations [s 217] (4) A reconfirmation of a designation is taken to be a designation 1 to which sections 214 and 215 apply. 2 Part 5 Repealing designations 3 217 Who may repeal designations 4 (1) A Minister may repeal a designation made by the Minister. 5 (2) A local government may repeal a designation made by the 6 local government. 7 218 Notice of repeal 8 (1) The repeal of a designation must be made by publishing a 9 notice of repeal of the designation-- 10 (a) in the gazette; and 11 (b) in a newspaper circulating generally in the area where 12 the designated land is situated. 13 (2) The notice must state the following-- 14 (a) that the designation has been repealed; 15 (b) the description of the land to which the designation 16 applied; 17 (c) the purpose of the community infrastructure for which 18 the land was designated; 19 (d) the reasons for the decision. 20 219 Minister or local government to give notice of repeal to 21 particular entities 22 (1) If the repeal is made by a Minister, the Minister must give a 23 copy of the notice to-- 24 Page 166

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 6 Acquiring designated land [s 220] (a) each local government to which a notice about the 1 making of the designation was given; and 2 (b) if the land is owned by an entity other than the State or 3 the local government--the owner; and 4 (c) the chief executive. 5 (2) If the repeal is made by a local government and the land is 6 owned by an entity other than the local government, the local 7 government must give a copy of the notice to the owner. 8 220 When designation ceases to have effect 9 The designation ceases to have effect on the day the notice is 10 published in the gazette. 11 221 Local government to note repeal on planning scheme 12 (1) If a local government repeals a designation or receives a 13 notice from the Minister advising that the Minister has 14 repealed a designation, the local government must note the 15 repeal on its planning scheme. 16 (2) The note is not an amendment of the planning scheme. 17 Part 6 Acquiring designated land 18 222 Request to acquire designated land under hardship 19 (1) Subsection (3) applies if the owner of an interest in designated 20 land (the designated interest) is suffering hardship because of 21 the designation. 22 (2) However, subsection (3) does not apply if-- 23 (a) the designated land is land-- 24 Page 167

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 6 Acquiring designated land [s 223] (i) over which there is an existing public utility 1 easement; or 2 (ii) for which a process has started under the 3 Acquisition Act to acquire a public utility 4 easement; and 5 (b) the designation is for community infrastructure for 6 which the easement exists or is being acquired. 7 (3) The owner may ask the designator to buy-- 8 (a) the designated interest; or 9 (b) if the owner has an interest in land adjoining the 10 designated land and retaining the interest without the 11 designated interest would also cause the owner 12 hardship--the designated interest and the interest in the 13 land adjoining the designated land. 14 223 Decision about request 15 (1) The designator must, within 40 business days after the request 16 is received, decide to-- 17 (a) grant the request; or 18 (b) take other action under section 226; or 19 (c) refuse the request. 20 (2) In deciding whether or not the owner is suffering hardship, the 21 designator must consider each of the following-- 22 (a) whether the owner must sell an interest mentioned in 23 section 222(3)(a) or (b) without delay for personal 24 reasons, including to avoid loss of income, and has tried 25 unsuccessfully to sell the interest at a fair market value 26 (disregarding the designation); 27 (b) whether the owner has a genuine intent to develop the 28 interest, but development approval has been, or is likely 29 to be, refused because of the designation; 30 Page 168

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 6 Acquiring designated land [s 224] (c) the extent to which development would be viable 1 because of the designation if the owner exercised rights 2 conferred under any development approval. 3 224 Notice about grant of request 4 If the designator decides to grant the request, the designator 5 must, within 5 business days after deciding the request, give 6 the owner a notice stating the designator proposes to buy the 7 nominated interest. 8 225 Notice about refusal of request 9 If the designator decides to refuse the request, the designator 10 must, within 5 business days after deciding the request, give 11 the owner a notice stating-- 12 (a) the request has been refused; and 13 (b) the owner may appeal against the decision. 14 226 Alternative action designator may take 15 If the designator decides not to buy the nominated interest, the 16 designator may, instead of taking action under section 225 and 17 within 5 business days after deciding the request, give the 18 owner a notice stating that the designator proposes to-- 19 (a) exchange the nominated interest for property held by the 20 designator; or 21 (b) repeal the designation or remove the designation from 22 the designated interest; or 23 (c) investigate the removal of the designation from the 24 designated interest. 25 Page 169

 


 

Sustainable Planning Bill 2009 Chapter 5 Designation of land for community infrastructure Part 6 Acquiring designated land [s 227] 227 If the designator does not act under the notice 1 (1) This section applies if the designator gave a notice under 2 section 224 or 226 and, within 40 business days after giving 3 the notice, the designator has not-- 4 (a) signed an agreement with the owner to buy the 5 nominated interest or to take the nominated interest 6 under the Acquisition Act, section 15; or 7 (b) signed an agreement with the owner to exchange the 8 nominated interest; or 9 (c) repealed the designation or removed the designation 10 from the designated interest. 11 (2) The designator must, within 5 business days after the end of 12 the period mentioned in subsection (1), give the owner a 13 notice of intention to resume the nominated interest. 14 (3) The notice given under subsection (2) is taken to be a notice 15 of intention to resume given under the Acquisition Act, 16 section 7. 17 (4) However, the Acquisition Act, sections 13 and 41, do not 18 apply to the resumption. 19 Editor's note-- 20 Acquisition Act, sections 7 (Notice of intention to take land), 13 21 (Provision for taking particular additional land), 15 (Taking by 22 agreement) and 41 (Disposal of land) 23 228 How value of interest is decided 24 If an interest in designated land is taken under the Acquisition 25 Act, the effect of the designation must be disregarded in 26 deciding the value of the interest taken. 27 Page 170

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 7 Delegation of Minister's functions [s 229] Part 7 Delegation of Minister's 1 functions 2 229 Ministers may delegate particular administrative 3 functions about designations 4 A Minister may delegate the Minister's functions under 5 sections 208, 209 and 224 to 227 to-- 6 (a) the chief executive or a senior executive of any 7 department for which the Minister has responsibility; or 8 (b) the chief executive officer of a public sector entity. 9 Chapter 6 Integrated development 10 assessment system (IDAS) 11 Part 1 Preliminary 12 Division 1 Introduction 13 230 What is IDAS 14 IDAS is the system detailed in this chapter for integrating 15 State and local government assessment and approval 16 processes for development. 17 231 Categories of development under Act 18 (1) The categories of development under this Act are as follows-- 19 (a) exempt development; 20 (b) self-assessable development; 21 Page 171

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 232] (c) development requiring compliance assessment; 1 (d) assessable development; 2 (e) prohibited development. 3 (2) Under this Act, all development is exempt development unless 4 it is-- 5 (a) self-assessable development; or 6 (b) development requiring compliance assessment; or 7 (c) assessable development; or 8 (d) prohibited development. 9 232 Regulation may prescribe categories of development or 10 require code or impact assessment 11 (1) A regulation may prescribe that development is-- 12 (a) self-assessable development; or 13 (b) development requiring compliance assessment; or 14 (c) assessable development. 15 Note-- 16 See section 397(3) for matters a regulation under subsection (1)(b) must 17 state. 18 (2) Also, a regulation may prescribe development that a planning 19 scheme, a temporary local planning instrument, a preliminary 20 approval to which section 242 applies or a master plan can not 21 declare to be self-assessable development, development 22 requiring compliance assessment, assessable development or 23 prohibited development. 24 (3) In addition, a regulation may require code or impact 25 assessment, or both code and impact assessment, for 26 assessable development. 27 Note-- 28 Under this Act, the following also may state that development is 29 self-assessable development, development requiring compliance 30 Page 172

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 233] assessment or assessable development requiring code or impact 1 assessment, or both code and impact assessment-- 2 (a) a State planning regulatory provision; 3 (b) a structure plan; 4 (c) a master plan; 5 (d) a temporary local planning instrument; 6 (e) a preliminary approval to which section 242 applies; 7 (f) a planning scheme. 8 233 Relationship between regulation and planning scheme, 9 temporary local planning instrument or local law 10 (1) To the extent a planning scheme or temporary local planning 11 instrument is inconsistent with a regulation made under 12 section 232(1) or (2), the planning scheme or temporary local 13 planning instrument is of no effect. 14 (2) However, to the extent a planning scheme or temporary local 15 planning instrument is inconsistent with a regulation made 16 under section 232(1) because the planning scheme or 17 temporary local planning instrument states development is 18 self-assessable but the regulation states the development is 19 assessable-- 20 (a) codes in the planning scheme or temporary local 21 planning instrument for the development are not 22 applicable codes; but 23 (b) must be complied with. 24 (3) If a regulation requires code assessment for development, a 25 planning scheme or temporary local planning instrument can 26 not require impact assessment instead of code assessment for 27 the aspect of development the code is about. 28 (4) To the extent a planning scheme or temporary local planning 29 instrument is inconsistent with a regulation mentioned in 30 Page 173

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 234] section 232(3), for assessable development, the planning 1 scheme or temporary local planning instrument is of no effect. 2 (5) Subsections (3) and (4) apply whether the regulation was 3 made before or after the commencement of the planning 4 scheme or temporary local planning instrument. 5 (6) A regulation under this or another Act may also identify a 6 code, or a part of a code, as a code, or a part of a code, that can 7 not be changed under a local planning instrument or a local 8 law. 9 (7) To the extent a local planning instrument or a local law is 10 inconsistent with the scope of a code, or a part of a code, 11 identified in the regulation mentioned in subsection (6), the 12 local planning instrument or local law is of no effect. 13 234 Relationship between sch 1 and planning instruments 14 To the extent a planning instrument purports to provide for 15 any matter about development that is prohibited development 16 under schedule 1, the planning instrument is of no effect. 17 Division 2 Particular provisions about 18 categories of development 19 235 Exempt development 20 (1) A development permit is not necessary for exempt 21 development. 22 (2) Also, exempt development need not comply with master plans 23 for declared master planned areas or planning instruments, 24 other than a State planning regulatory provision. 25 (3) Nothing in subsection (2) stops a planning instrument, a 26 master plan for a declared master planned area, a development 27 approval or compliance permit affecting exempt development 28 if-- 29 Page 174

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 236] (a) the development is the natural and ordinary 1 consequence of another aspect of development that is 2 self-assessable development, development requiring 3 compliance assessment or assessable development; and 4 (b) the effect mitigates impacts of the self-assessable 5 development, development requiring compliance 6 assessment or assessable development. 7 Example for subsection (3)-- 8 A development approval for a material change of use may include 9 conditions, including, for example, conditions about landscaping, 10 parking or buildings that are the natural and ordinary consequence of the 11 material change of use if the conditions would mitigate impacts, 12 including, for example, visual amenity, noise or traffic generation, of the 13 material change of use. 14 236 Self-assessable development 15 (1) A development permit is not necessary for self-assessable 16 development. 17 (2) However, self-assessable development must comply with 18 applicable codes. 19 Note-- 20 It is an offence to carry out self-assessable development in contravention 21 of applicable codes. See section 574 (Self-assessable development must 22 comply with codes). 23 237 Development requiring compliance assessment 24 (1) A development permit is not necessary for development 25 requiring compliance assessment. 26 (2) A compliance permit is necessary for development requiring 27 compliance assessment. 28 Note-- 29 It is an offence to carry out development requiring compliance 30 assessment without a compliance permit. See section 575 (Carrying out 31 development without compliance permit). 32 Page 175

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 238] 238 Assessable development 1 A development permit is necessary for assessable 2 development. 3 Note-- 4 It is an offence to carry out assessable development without a 5 development permit. See section 578 (Carrying out assessable 6 development without permit). 7 239 Prohibited development 8 (1) An application or request for compliance assessment can not 9 be made for development if the development is prohibited 10 development. 11 (2) If an application or request for compliance assessment is 12 made and any part of the development applied for is 13 prohibited development, the application or request is taken not 14 to have been made and IDAS does not apply to it. 15 Note-- 16 It is an offence to carry out development that is prohibited development. 17 See section 581 (Offence to carry out prohibited development). 18 Division 3 Approvals for IDAS 19 Subdivision 1 Preliminary 20 240 Types of approval 21 The types of approval under this Act for IDAS are-- 22 (a) a preliminary approval; and 23 (b) a development permit; and 24 (c) a compliance permit; and 25 (d) a compliance certificate. 26 Page 176

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 241] Note-- 1 See part 10 (Compliance stage) for provisions about compliance permits 2 and compliance certificates. 3 Subdivision 2 Preliminary approvals 4 241 Preliminary approvals 5 (1) A preliminary approval-- 6 (a) approves development, but does not authorise assessable 7 development to take place; and 8 (b) approves development-- 9 (i) to the extent stated in the approval; and 10 (ii) subject to the conditions of the approval. 11 (2) However, there is no requirement to get a preliminary 12 approval for development. 13 Note-- 14 Preliminary approvals assist in the staging of approvals. 15 242 Preliminary approval may affect a local planning 16 instrument 17 (1) This section applies if-- 18 (a) an applicant applies for a preliminary approval; and 19 (b) part of the application states the way in which the 20 applicant seeks the approval to vary the effect of any 21 local planning instrument for the land. 22 Note-- 23 A preliminary approval to which this section applies may be made for a 24 master planned area only if so permitted under the structure plan for the 25 area. See section 134 (Restriction on particular development 26 applications in master planned area). 27 (2) Subsection (3) applies to the extent the application is for-- 28 Page 177

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 242] (a) development that is a material change of use; and 1 (b) the part mentioned in subsection (1)(b). 2 (3) If the preliminary approval approves the material change of 3 use, the preliminary approval may, in addition to the things an 4 approval may do under part 5, do either or both of the 5 following for the material change of use or development 6 relating to the material change of use-- 7 (a) state that the development is-- 8 (i) exempt development; or 9 (ii) self-assessable development; or 10 (iii) development requiring compliance assessment; or 11 (iv) assessable development requiring code or impact 12 assessment, or both code and impact assessment; 13 (b) identify or include codes for the development. 14 Note-- 15 For other things that a preliminary approval to which this section applies 16 may do, see part 10 (Compliance stage). 17 (4) Subsection (5) applies to the extent the application is for-- 18 (a) development other than a material change of use; and 19 (b) the part mentioned in subsection (1)(b). 20 (5) If the preliminary approval approves the development, the 21 preliminary approval may, in addition to the things an 22 approval may do under part 5, do either or both of the 23 following for the development-- 24 (a) state that the development is-- 25 (i) exempt development; or 26 (ii) self-assessable development; or 27 (iii) development requiring compliance assessment; or 28 (iv) assessable development requiring code or impact 29 assessment, or both code and impact assessment; 30 Page 178

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 243] (b) identify or include codes for the development. 1 (6) To the extent the preliminary approval, by doing either or both 2 of the things mentioned in subsection (3) or (5), is different 3 from the local planning instrument, the approval prevails. 4 (7) However, subsection (3) or (5) no longer applies to 5 development mentioned in subsection (3)(a) or (5)(a) when 6 the first of the following happens-- 7 (a) the development approved by the preliminary approval 8 and authorised by a later development permit or 9 compliance permit is completed; 10 (b) the time limit for completing the development ends. 11 Note-- 12 For the time limit for completing development, see section 343 (When 13 approval lapses if development started but not completed--preliminary 14 approval). 15 (8) To the extent the preliminary approval is inconsistent with a 16 regulation made under section 232(1), (2) or (3), the 17 preliminary approval is of no effect. 18 Subdivision 3 Development permits 19 243 Development permits 20 A development permit authorises assessable development to 21 take place-- 22 (a) to the extent stated in the permit; and 23 (b) subject to-- 24 (i) the conditions of the permit; and 25 (ii) any preliminary approval relating to the 26 development the permit authorises, including any 27 conditions of the preliminary approval. 28 Page 179

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 244] Subdivision 4 Other matters about development 1 approvals 2 244 Development approval includes conditions 3 A development approval includes any conditions-- 4 (a) imposed by the assessment manager; and 5 (b) that a concurrence agency has given in a response under 6 section 285 or 290, or an amended response under 7 section 290; and 8 (c) that the Minister has directed the assessment manager to 9 attach to the approval under section 419; and 10 (d) that under another Act must be imposed on the 11 development approval. 12 Example for paragraph (d)-- 13 The conditions taken to be imposed under the Building Act, 14 chapter 4, part 5, division 1. 15 245 Development approval attaches to land 16 (1) A development approval-- 17 (a) attaches to the land the subject of the application to 18 which the approval relates; and 19 (b) binds the owner, the owner's successors in title and any 20 occupier of the land. 21 (2) To remove any doubt, it is declared that subsection (1) applies 22 even if later development, including reconfiguring a lot, is 23 approved for the land or the land as reconfigured. 24 Page 180

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 246] Division 4 Assessment managers and referral 1 agencies 2 Subdivision 1 Assessment managers 3 246 Who is the assessment manager 4 (1) The assessment manager for an application is the entity 5 prescribed under a regulation as the assessment manager for 6 the application. 7 (2) Without limiting subsection (1), the regulation may state that 8 the assessment manager for an application is the entity 9 decided by the Minister. 10 (3) If, under the regulation, the assessment manager is to be 11 decided by the Minister, the Minister may instead require the 12 application to be split into 2 or more applications. 13 247 Role of assessment manager 14 The assessment manager for an application administers and 15 decides the application, but may not always assess all aspects 16 of development for the application. 17 Note-- 18 See section 312 (When assessment manager must not assess part of an 19 application). 20 248 Jurisdiction of local government as assessment manager 21 for particular development 22 If a local government is the assessment manager for 23 development not completely within the local government's 24 planning scheme area-- 25 (a) sections 246(1) and 247 apply despite the Local 26 Government Act, section 25; and 27 Page 181

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 249] Editor's note-- 1 Local Government Act, section 25 (Jurisdiction of local 2 government) 3 (b) to the extent the application is for development for 4 prescribed tidal work, the local government has the 5 jurisdiction to assess the application in addition to any 6 other jurisdiction it may have for assessing the 7 application. 8 249 When assessment manager also has jurisdiction as 9 concurrence agency 10 If an entity is the assessment manager and has 1 or more 11 jurisdictions as a concurrence agency-- 12 (a) the entity is not a concurrence agency; but 13 (b) the entity's jurisdiction as assessment manager includes 14 each jurisdiction the entity would have had as a 15 concurrence agency. 16 Subdivision 2 Referral agencies 17 250 Who is an advice agency 18 An advice agency, for an application, is-- 19 (a) an entity prescribed under a regulation as an advice 20 agency for the application; or 21 (b) if the functions of the entity in relation to the application 22 have been devolved or delegated to another entity--the 23 other entity. 24 251 Who is a concurrence agency 25 A concurrence agency, for an application, is-- 26 (a) an entity prescribed under a regulation as a concurrence 27 agency for the application; or 28 Page 182

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 252] (b) if the functions of the entity in relation to the application 1 have been devolved or delegated to another entity--the 2 other entity. 3 252 Who is a referral agency 4 A referral agency is an advice agency or a concurrence 5 agency. 6 253 Exclusion of particular entities as referral agency for a 7 master planned area 8 (1) This section applies to an application for land in a declared 9 master planned area. 10 (2) Despite sections 250 and 251, to the extent an entity has 11 exercised a coordinating agency's or participating agency's 12 jurisdiction for the structure plan or a master plan for the 13 master planned area, the entity is a referral agency for the 14 application only if a regulation for this subsection provides 15 that the entity is a referral agency for the application. 16 254 Jurisdiction of referral agencies for 17 applications--generally 18 (1) A referral agency has, for assessing and responding to the part 19 of an application giving rise to the referral, the jurisdiction or 20 jurisdictions prescribed under a regulation. 21 (2) If 2 or more entities prescribed as referral agencies are the 22 same entity (however called), the entities are taken to be a 23 single referral agency with multiple jurisdictions. 24 255 Concurrence agencies if Minister decides assessment 25 manager 26 (1) This section applies if-- 27 (a) the assessment manager for an application is decided by 28 the Minister; and 29 Page 183

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 256] (b) the Minister is satisfied 1 or more other entities, that are 1 not concurrence agencies for the application, could have 2 been the assessment manager for the application. 3 (2) The Minister may state that 1 or more of the entities are to be 4 a concurrence agency for the application. 5 (3) An entity that becomes a concurrence agency under 6 subsection (2) has the jurisdiction it would have had if it were 7 the assessment manager. 8 Subdivision 3 Additional third party advice or 9 comment about applications 10 256 Assessment manager or concurrence agency may seek 11 advice or comment about application 12 (1) The assessment manager or a concurrence agency for an 13 application may ask any person for advice or comment about 14 the application at any stage of IDAS, other than the 15 compliance stage. 16 (2) There is no particular way advice or comment may be asked 17 for and received and the request may be by publicly notifying 18 the application. 19 (3) To remove any doubt, it is declared that-- 20 (a) asking for and receiving advice or comment does not 21 extend any stage; and 22 (b) public notification under subsection (2) is not 23 notification under part 4, division 2. 24 Division 5 Stages of IDAS 25 257 Stages of IDAS 26 (1) IDAS involves the following possible stages-- 27 Page 184

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 1 Preliminary [s 258] · application stage 1 · information and referral stage 2 · notification stage 3 · decision stage 4 · compliance stage. 5 (2) Not all stages, or all parts of a stage, apply to all applications. 6 Example-- 7 An application for development approval for a factory requiring code 8 assessment and a referral for workplace health and safety purposes 9 involves 3 stages--the application, information and referral and 10 decision stages. 11 (3) For development requiring compliance assessment only, the 12 compliance stage is the only stage that applies to the 13 development. 14 Division 6 Application of IDAS in declared 15 master planned areas 16 258 Exclusion of particular provisions about making 17 application for declared master planned area 18 (1) This section applies to the making of an application, or 19 proposed application, for development in a declared master 20 planned area if there is a structure plan in force for the area. 21 (2) The following do not apply to the making of the application or 22 proposed application-- 23 (a) section 239, to the extent the development includes 24 prohibited development under schedule 1; 25 (b) the requirements of a regulation under section 264(1); 26 (c) a requirement for, or a restriction on, the making of the 27 application under any other Act, if the requirement or 28 restriction relates to a State resource prescribed under 29 section 264(1); 30 Page 185

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 259] (d) a provision of any other Act that imposes a requirement 1 for, or a restriction on, the making of the application. 2 Example of a provision for paragraph (d)-- 3 the Water Act 2000, section 967 4 (3) This section applies despite any other Act and prevails to the 5 extent of any inconsistency with another provision of this 6 chapter. 7 Division 7 Giving notices electronically 8 259 Giving notices using e-IDAS 9 (1) This section applies if, under the application stage, 10 information and referral stage, notification stage or decision 11 stage of IDAS, an entity (the first entity) is required to give 12 another entity a notice in writing about an application made 13 using e-IDAS. 14 (2) The first entity may comply with the requirement by 15 electronically sending to the other entity, using e-IDAS, the 16 information required to be given in the notice. 17 Part 2 Application stage 18 Division 1 Application process 19 Subdivision 1 Applying for development approvals 20 260 Applying for development approval 21 (1) Each application must-- 22 Page 186

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 260] (a) be made to the assessment manager; and 1 (b) be in the approved form or made electronically under 2 section 262(3); and 3 (c) be accompanied by any supporting information the 4 approved form states is mandatory supporting 5 information for the application; and 6 (d) be accompanied by-- 7 (i) if the assessment manager is a local 8 government--the fee for administering the 9 application fixed by resolution of the local 10 government; or 11 (ii) if the assessment manager is another public sector 12 entity--the fee prescribed under a regulation under 13 this or another Act; and 14 (e) if, under section 263, the consent of the owner of the 15 land the subject of the application is required for the 16 making of the application-- 17 (i) contain or be accompanied by the owner's written 18 consent; or 19 (ii) include a declaration by the applicant that the 20 owner has given written consent to the making of 21 the application; and 22 (f) if, under section 264(1), the application is required to be 23 supported by evidence mentioned in the 24 subsection--contain or be accompanied by the 25 evidence. 26 Note-- 27 A single application may be made for both a preliminary approval and a 28 development permit. 29 (2) The approved form-- 30 (a) must contain a mandatory requirements part; and 31 (b) may make provision for mandatory supporting 32 information for the application. 33 Page 187

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 261] (3) In making an application, the applicant must give the 1 information required under the mandatory requirements part 2 of the approved form. 3 261 When application is a properly made application 4 An application is a properly made application if-- 5 (a) the application is made in compliance with section 6 260(1) and (3); and 7 (b) if the application relates to land in a declared master 8 planned area and the structure plan for the master 9 planned area requires a master plan for the 10 development--the master plan has been approved or a 11 master plan application for the master plan was made 12 with or before the making of the application. 13 262 Special provision about electronic applications 14 (1) The chief executive may approve an electronic system to send 15 and receive electronic communications for carrying out 16 actions involved in IDAS. 17 (2) The electronic system approved by the chief executive under 18 subsection (1) is called e-IDAS. 19 (3) If an applicant can use e-IDAS for making an application-- 20 (a) the application may be made by electronically sending 21 to the assessment manager, using e-IDAS, the 22 information required in the approved form for the 23 application in the format provided for under e-IDAS; 24 and 25 (b) electronic communications for carrying out actions 26 involved in IDAS may be made using e-IDAS. 27 (4) Subsection (5) applies if-- 28 (a) an applicant uses e-IDAS for making an application; and 29 Page 188

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 263] (b) an action required to be taken under IDAS for the 1 application has not been taken by the end of the last day 2 for taking the action; and 3 (c) e-IDAS does not operate for any period on the last day. 4 (5) The person required to take the action may extend the period 5 for taking the action under IDAS by not more than 2 business 6 days after the end of the day on which e-IDAS begins to 7 operate again by-- 8 (a) taking the action within 2 business days after the end of 9 that day; and 10 (b) giving each other party to the application written notice 11 of the extension at the same time as the action is taken 12 using e-IDAS. 13 (6) If a person acts under subsection (5), the period for taking the 14 action under IDAS is extended until the time the action is 15 taken using e-IDAS and the notice is given. 16 (7) In this section-- 17 party, to an application, means each of the following-- 18 (a) the applicant; 19 (b) the assessment manager; 20 (c) any referral agency to which the action required to be 21 taken relates. 22 263 When owner's consent is required for application 23 (1) The consent of the owner of the land the subject of an 24 application is required for its making if the application is 25 for-- 26 (a) a material change of use of premises or reconfiguring a 27 lot; or 28 (b) work on land below high-water mark and outside a canal 29 as defined under the Coastal Protection and 30 Management Act 1995; or 31 Page 189

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 264] (c) work on rail corridor land as defined under the Transport 1 Infrastructure Act. 2 (2) Despite subsection (1)-- 3 (a) to the extent the land the subject of the application has 4 the benefit of an easement, and the development is not 5 inconsistent with the terms of the easement, the consent 6 of the owner of the servient tenement is not required; 7 and 8 (b) to the extent section 264(1) applies to the application, 9 the consent of the owner of the land the subject of the 10 application is not required; and 11 (c) to the extent another Act requires an application to be 12 supported by 1 or more of the things mentioned in 13 section 264(1)(a), (b) or (c), the consent of the owner of 14 the land the subject of the application is not required; 15 and 16 (d) the consent of the owner of the land is not required to 17 the extent-- 18 (i) the land the subject of the application is acquisition 19 land; and 20 (ii) the application relates to the purpose for which the 21 land is to be taken or acquired. 22 264 Development involving a State resource 23 (1) To the extent the development to which an application relates 24 involves a State resource prescribed under a regulation, the 25 regulation may require the application to be supported by 1 or 26 more of the following prescribed under the regulation for the 27 development-- 28 (a) evidence of an allocation of, or an entitlement to, the 29 resource; 30 (b) evidence the chief executive of the department 31 administering the resource is satisfied the development 32 Page 190

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 265] is consistent with an allocation of, or an entitlement to, 1 the resource; 2 (c) evidence the chief executive of the department 3 administering the resource is satisfied the development 4 application may proceed in the absence of an allocation 5 of, or an entitlement to, the resource. 6 (2) The document containing the evidence may state a day, at 7 least 6 months after the date of the document, after which an 8 application to which the evidence in the document relates may 9 not be made using the evidence. 10 265 Approved material change of use required for particular 11 developments 12 (1) This section applies if, at the time an application for a 13 development permit is made-- 14 (a) a structure or works, the subject of the application, may 15 not be used unless a development permit exists for the 16 material change of use of premises for which the 17 structure is, or works are, proposed; and 18 (b) there is no development permit for the change of use; 19 and 20 (c) approval for the material change of use has not been 21 applied for in the application or a separate application. 22 (2) The application is taken also to be for the change of use. 23 Subdivision 2 Notices about receipt of 24 applications 25 266 Notice about application that is not a properly made 26 application 27 (1) If the application is not a properly made application, the 28 assessment manager must give the applicant a notice stating-- 29 Page 191

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 267] (a) that the application is not a properly made application; 1 and 2 (b) the reasons the assessment manager is satisfied the 3 application is not a properly made application; and 4 (c) the action the assessment manager is satisfied the 5 applicant must take for the application to comply with 6 section 261. 7 (2) The assessment manager must give the applicant the notice 8 within 10 business days after the assessment manager receives 9 the application. 10 (3) If the applicant does not take the action mentioned in 11 subsection (1)(c) within 20 business days after receiving the 12 notice, or the further period agreed between the assessment 13 manager and the applicant-- 14 (a) the application lapses; and 15 (b) the assessment manager must as soon as practicable-- 16 (i) return the application to the applicant, other than 17 any part of the application made electronically; and 18 (ii) refund to the applicant the fee mentioned in section 19 260(1)(d) that accompanied the application, less a 20 reasonable fee, if any, decided by the assessment 21 manager for processing the application. 22 267 Notice about properly made application 23 (1) This section applies if the application is a properly made 24 application. 25 (2) The assessment manager must give the applicant a notice (the 26 acknowledgement notice) unless-- 27 (a) the application relates to development that requires code 28 assessment only; and 29 (b) there are no referral agencies, or all referral agencies 30 have stated in writing that they do not require the 31 Page 192

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 2 Application stage [s 268] application to be referred to them under the information 1 and referral stage. 2 (3) The acknowledgement notice must be given to the applicant 3 within 10 business days after the assessment manager receives 4 the properly made application (the acknowledgement period). 5 268 Content of acknowledgement notice 6 The acknowledgement notice must state the following-- 7 (a) the type of approval applied for; 8 (b) which of the following aspects of development the 9 application seeks a development approval for-- 10 (i) carrying out building work; 11 (ii) carrying out plumbing or drainage work; 12 (iii) carrying out operational work; 13 (iv) reconfiguring a lot; 14 (v) making a material change of use of premises; 15 (c) whether an aspect of the development applied for 16 requires code assessment, and if so, the names of all the 17 codes the assessment manager considers to be 18 applicable codes for the development; 19 (d) whether an aspect of the development applied for 20 requires impact assessment, and if so, the public 21 notification requirements; 22 (e) the name and address of each referral agency for the 23 application, and whether the referral agency is an advice 24 or concurrence agency; 25 (f) if the assessment manager does not intend to make an 26 information request under section 276--the assessment 27 manager does not intend to make an information 28 request; 29 (g) if there are referral agencies for the application--the 30 application will lapse unless the applicant gives to each 31 Page 193

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 269] referral agency the referral agency material within the 1 period mentioned in section 272(2). 2 Division 2 End of application stage 3 269 When does application stage end 4 The application stage for a properly made application ends-- 5 (a) if the application is an application that requires an 6 acknowledgement notice to be given--the day the 7 acknowledgement notice is given; or 8 (b) if the application is an application that does not require 9 an acknowledgement notice to be given--the day the 10 properly made application was received. 11 Part 3 Information and referral stage 12 Division 1 Preliminary 13 270 Purpose of information and referral stage 14 The information and referral stage for an application-- 15 (a) gives the assessment manager and any concurrence 16 agencies the opportunity to ask the applicant for further 17 information needed to assess the application; and 18 (b) gives concurrence agencies the opportunity to exercise 19 their concurrence powers; and 20 (c) gives the assessment manager the opportunity to receive 21 advice about the application from referral agencies. 22 Page 194

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 271] 271 Referral agency responses before application is made 1 (1) Nothing in this Act stops a referral agency from giving a 2 referral agency's response on a matter within its jurisdiction 3 about a development before an application for the 4 development is made to the assessment manager. 5 (2) However, a referral agency is not obliged to give a referral 6 agency's response mentioned in subsection (1) before the 7 application is made. 8 (3) If a concurrence agency gives a referral agency's response 9 before an application for the development is made to the 10 assessment manager, the applicant must, if asked by the 11 concurrence agency, give the concurrence agency the 12 agency's application fee mentioned in section 272(1)(c). 13 Division 2 Giving material to referral agencies 14 272 Applicant gives material to referral agency 15 (1) The applicant must give each referral agency the following 16 things (the referral agency material)-- 17 (a) a copy of the application, unless the referral agency 18 already has a copy; 19 (b) a copy of the acknowledgement notice, unless the 20 referral agency was the entity that gave the notice; 21 (c) if the referral agency is a concurrence agency-- 22 (i) generally--the agency's application fee prescribed 23 under a regulation under this or another Act; or 24 (ii) if the functions of the concurrence agency in 25 relation to the application have been devolved or 26 delegated to a local government, the fee that is, by 27 resolution, adopted by the local government. 28 (2) The referral agency material must be given to all referral 29 agencies within-- 30 Page 195

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 273] (a) 20 business days after the applicant receives the 1 acknowledgement notice; or 2 (b) the further period agreed between the assessment 3 manager and the applicant. 4 (3) However, the applicant need not give a referral agency the 5 referral agency material if-- 6 (a) the applicant gave the assessment manager a copy of the 7 referral agency's response mentioned in section 271(1) 8 with the application; and 9 (b) the referral agency's response states that-- 10 (i) the agency does not require a referral under this 11 section; or 12 (ii) the agency does not require a referral under this 13 section if any conditions, including a time limit 14 within which the application must be made, stated 15 in the response are satisfied; and 16 (c) any conditions mentioned in paragraph (b)(ii) are 17 satisfied. 18 (4) The assessment manager may, if asked by the applicant, give 19 the referral agency material to a referral agency on behalf of 20 the applicant for a fee, not more than the assessment 21 manager's reasonable costs of giving the material. 22 (5) To the extent the functions of a referral agency in relation to 23 the application have been lawfully devolved or delegated to 24 the assessment manager, subsections (1) to (4), other than 25 subsection (1)(c), do not apply. 26 273 Lapsing of application if material not given 27 (1) The application lapses if the applicant does not comply with 28 section 272. 29 (2) However, if the application is revived under section 274(1), 30 the application lapses if the applicant does not comply with 31 section 274(2). 32 Page 196

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 274] 274 When application taken not to have lapsed 1 (1) An application that, other than for this section, would lapse 2 under section 273(1) is revived if, within 5 business days after 3 the application would otherwise have lapsed, the applicant 4 gives the assessment manager written notice that the applicant 5 seeks to revive the application. 6 (2) If the application is revived under subsection (1), the applicant 7 must comply with section 272 before the end of-- 8 (a) 5 business days after giving the notice mentioned in 9 subsection (1); or 10 (b) the further period agreed between the assessment 11 manager and the applicant. 12 (3) If the application is revived under subsection (1), for the 13 purpose of the IDAS process the application is taken not to 14 have lapsed under section 273(1). 15 275 Applicant to advise assessment manager when material 16 given 17 (1) After complying with section 272, the applicant must give the 18 assessment manager written notice of the day the applicant 19 gave each referral agency the referral agency material. 20 (2) To the extent the functions of a referral agency in relation to 21 the application have been lawfully devolved or delegated to 22 the assessment manager, subsection (1) does not apply. 23 Division 3 Information requests 24 276 Information request to applicant 25 (1) The assessment manager and each concurrence agency may 26 ask the applicant, by written request (an information request), 27 to give further information needed to assess the application. 28 Page 197

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 277] (2) A concurrence agency may only ask for information about a 1 matter that is within its jurisdiction. 2 (3) An information request must state that the application will 3 lapse unless the applicant gives the assessment manager or 4 concurrence agency a response under section 278. 5 (4) If the assessment manager makes the request, the request must 6 be made-- 7 (a) for an application requiring an acknowledgement notice 8 to be given--within 10 business days after giving the 9 acknowledgement notice (the information request 10 period); and 11 (b) for an application that does not require an 12 acknowledgement notice to be given--within 10 13 business days after the day the properly made 14 application was received (also the information request 15 period). 16 (5) If a concurrence agency makes the request-- 17 (a) the request must be made within 10 business days after 18 the agency's referral day (also the information request 19 period); and 20 (b) the concurrence agency must-- 21 (i) give the assessment manager a copy of the request; 22 and 23 (ii) advise the assessment manager of the day the 24 request was made. 25 (6) Without limiting subsection (1), an assessment manager or 26 concurrence agency may, within the limits of their 27 jurisdiction, include in an information request advice to the 28 applicant about how the applicant may change the application. 29 277 Extending information request period 30 (1) The assessment manager or a concurrence agency may, by 31 written notice given to the applicant and without the 32 Page 198

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 278] applicant's agreement, extend the information request period 1 by not more than 10 business days. 2 (2) Only 1 notice may be given by each entity under subsection 3 (1) and the notice must be given before the entity's 4 information request period ends. 5 (3) The information request period may be further extended if the 6 applicant, at any time, gives written agreement to the 7 extension. 8 (4) If the information request period is extended for a 9 concurrence agency, the concurrence agency must advise the 10 assessment manager of the extension. 11 278 Applicant responds to any information request 12 (1) If the applicant receives an information request from the 13 assessment manager or a concurrence agency (the requesting 14 authority), the applicant must respond by giving the 15 requesting authority-- 16 (a) all of the information requested; or 17 (b) part of the information requested together with a written 18 notice asking the requesting authority to proceed with 19 the assessment of the application; or 20 (c) a written notice-- 21 (i) stating that the applicant does not intend to supply 22 any of the information requested; and 23 (ii) asking the requesting authority to proceed with the 24 assessment of the application. 25 (2) If the requesting authority is a concurrence agency, the 26 applicant must also give a copy of the applicant's response to 27 the assessment manager. 28 Page 199

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 279] 279 Lapsing of application if no response to information 1 request 2 (1) The application lapses if the applicant does not comply with 3 section 278 within-- 4 (a) for an application required by an enforcement notice or 5 in response to a show cause notice--3 months after 6 receiving the information request (the response period) 7 or the further period agreed between the applicant and 8 the entity making the information request; or 9 (b) for any other application--6 months after receiving the 10 information request (also the response period) or the 11 further period agreed between the applicant and the 12 entity making the information request. 13 (2) However, if the application is revived under section 280(1), 14 the application lapses if the applicant does not comply with 15 section 280(2). 16 (3) Subsection (4) applies if-- 17 (a) the applicant asks the entity making the information 18 request to agree to extend the response period; and 19 (b) the entity does not respond to the request until 5 20 business days before the response period ends, or later; 21 and 22 (c) the entity does not agree to the extension. 23 (4) The response period does not end until 10 business days after 24 the response, advising that the entity does not agree to the 25 extension, is received. 26 (5) The entity making the information request must not 27 unreasonably refuse to extend the response period. 28 280 When application taken not to have lapsed 29 (1) An application that, other than for this section, would lapse 30 under section 279(1) is revived if, within 5 business days after 31 the application would otherwise have lapsed, the applicant 32 Page 200

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 281] gives the assessment manager and the concurrence agency 1 that made the information request written notice that the 2 applicant seeks to revive the application. 3 (2) If an application is revived under subsection (1), the applicant 4 must comply with section 278 before the end of-- 5 (a) 5 business days after giving the notice mentioned in 6 subsection (1); or 7 (b) the further period agreed between the assessment 8 manager and the applicant. 9 (3) If the application is revived under subsection (1), for the 10 purpose of the IDAS process the application is taken not to 11 have lapsed under section 279(1). 12 281 Referral agency to advise assessment manager of 13 response 14 Each referral agency must, after receiving the applicant's 15 response, advise the assessment manager of the day of the 16 applicant's response under section 278. 17 Division 4 Referral agency assessment 18 Subdivision 1 Assessment generally 19 282 Referral agency assesses application 20 (1) Each referral agency must, to the extent relevant to the 21 development and within the limits of its jurisdiction, assess 22 the application against each of the following-- 23 (a) the State planning regulatory provisions applied by the 24 referral agency; 25 (b) the regional plan for a designated region, to the extent it 26 is not identified in the planning scheme as being 27 appropriately reflected in the planning scheme; 28 Page 201

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 282] (c) for a concurrence agency--any applicable concurrence 1 agency codes that are identified as a code for IDAS in 2 this or another Act; 3 (d) State planning policies applied by the referral agency, to 4 the extent the policies are not identified in-- 5 (i) any relevant regional plan as being appropriately 6 reflected in the regional plan; or 7 (ii) the planning scheme as being appropriately 8 reflected in the planning scheme; 9 (e) the laws that are administered by, and the policies that 10 are reasonably identifiable as policies applied by, the 11 referral agency. 12 (2) Also, each referral agency must, to the extent relevant to the 13 development and within the limits of its jurisdiction, assess 14 the application having regard to each of the following-- 15 (a) the State planning regulatory provisions not applied by 16 the referral agency; 17 (b) State planning policies not applied by the referral 18 agency, to the extent the policies are not identified in-- 19 (i) any relevant regional plan as being appropriately 20 reflected in the regional plan; or 21 (ii) the planning scheme as being appropriately 22 reflected in the planning scheme; 23 (c) the structure plan for any declared master planned area; 24 (d) the master plan for any declared master planned area; 25 (e) a temporary local planning instrument for the planning 26 scheme area; 27 (f) the planning scheme; 28 (g) if the land to which the application relates is designated 29 land--its designation. 30 (3) Despite subsections (1) and (2) a referral agency-- 31 Page 202

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 283] (a) may give the weight it considers appropriate to any 1 planning instruments, laws, policies and codes, of the 2 type mentioned in subsection (1) or (2), coming into 3 effect after the application was made, but before the 4 agency's referral day; but 5 (b) must disregard any planning scheme or temporary local 6 planning instrument for the planning scheme area if the 7 referral agency's jurisdiction is limited to considering 8 the effect of the building assessment provisions on 9 building work. 10 283 Referral agency's assessment period 11 (1) The period a referral agency has to assess the application (the 12 referral agency's assessment period) is-- 13 (a) the number of business days, starting on the day 14 immediately after the agency's referral day and being 15 less than 30 business days, prescribed under a 16 regulation; or 17 (b) if there is no regulation under paragraph (a)--30 18 business days, starting on the day after the agency's 19 referral day. 20 (2) A referral agency's assessment period includes the 21 information request period. 22 (3) The referral agency's assessment period mentioned in 23 subsection (1) applies even if there is no information request 24 period for the application because an EIS is required. 25 (4) The referral agency's assessment period does not include-- 26 (a) any extension for giving an information request; or 27 (b) any period in which the agency is waiting for a response 28 to an information request. 29 Page 203

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 284] 284 Extending referral agency's assessment period 1 (1) A concurrence agency may, by written notice given to the 2 applicant and without the applicant's agreement, extend its 3 referral agency's assessment period by not more than-- 4 (a) if a regulation under section 283(1)(a) has prescribed the 5 referral agency's assessment period--the number of 6 business days, being less than 20 business days, 7 prescribed under a regulation; or 8 (b) if paragraph (a) does not apply--20 business days. 9 (2) A notice under subsection (1) may be given only before the 10 referral agency's assessment period ends. 11 (3) The referral agency's assessment period may be further 12 extended, including for the purpose of providing further 13 information to the referral agency, if the applicant, before the 14 period ends, gives written agreement to the extension. 15 (4) If the referral agency's assessment period is extended for a 16 concurrence agency, the agency must advise the assessment 17 manager of the extension. 18 Subdivision 2 Concurrence agency responses 19 285 When concurrence agency must give response for 20 particular matters 21 (1) Subsection (2) applies if a concurrence agency-- 22 (a) wants the assessment manager to include concurrence 23 agency conditions in the development approval, or to 24 refuse the application; or 25 (b) under this Act, requires the assessment manager to do 26 something else in relation to the application. 27 (2) The concurrence agency must give its response (a 28 concurrence agency's response) to the assessment manager, 29 and give a copy of its response to the applicant, before the 30 Page 204

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 286] referral agency's assessment period for the application and 1 any extension of that period ends. 2 Note-- 3 Under section 271, a referral agency may give a referral agency's 4 response about development before an application for the development 5 is made. 6 286 Effect if concurrence agency does not give response 7 (1) If a concurrence agency does not give a response under 8 section 285, the assessment manager must decide the 9 application as if the agency had assessed the application and 10 had no concurrence agency requirements. 11 (2) However, the concurrence agency's response is taken to be a 12 refusal of the application if-- 13 (a) the application is a building development application; 14 and 15 (b) the concurrence agency is the local government; and 16 (c) the matter being decided by the concurrence agency is a 17 matter other than assessing the amenity and aesthetic 18 impact of a building or structure; and 19 (d) the concurrence agency does not give a response under 20 section 285. 21 287 Concurrence agency's response powers 22 (1) A concurrence agency's response may, within the limits of the 23 concurrence agency's jurisdiction, tell the assessment 24 manager 1 or more of the following-- 25 (a) the conditions that must attach to any development 26 approval; 27 (b) that any approval must be for part only of the 28 development; 29 (c) that any approval must be a preliminary approval only; 30 Page 205

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 288] (d) a different period for section 341(1)(b), (2)(c) or (3)(b). 1 (2) Alternatively, a concurrence agency's response must, within 2 the limits of the concurrence agency's jurisdiction, tell the 3 assessment manager-- 4 (a) the concurrence agency has no requirements relating to 5 the application; or 6 (b) to refuse the application. 7 (3) However, subsection (2)(b) does not apply to the extent a 8 concurrence agency's jurisdiction is about the assessment of 9 the cost impacts of supplying infrastructure to development. 10 (4) Subsection (5) applies if a concurrence agency's response is 11 about the part of an application for a preliminary approval 12 mentioned in section 242 that states the way in which the 13 applicant seeks approval to vary the effect of any applicable 14 local planning instrument for the land. 15 (5) The concurrence agency's response may, within the limits of 16 the concurrence agency's jurisdiction, tell the assessment 17 manager in relation to the part of the application-- 18 (a) that the concurrence agency has no requirements 19 relating to the part of the application; or 20 (b) if an approval is given, to do any of the following-- 21 (i) approve only some of the variations sought; 22 (ii) subject to section 242(3) and (5)--approve 23 different variations from those sought; or 24 (c) to refuse the variations sought. 25 (6) A concurrence agency's response may also offer advice to the 26 assessment manager about the application. 27 288 Limitation on concurrence agency's power to refuse 28 application 29 (1) To the extent a concurrence agency's jurisdiction is about 30 assessing the effects of development on designated land, the 31 Page 206

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 289] concurrence agency may only tell the assessment manager to 1 refuse the application if-- 2 (a) the concurrence agency is satisfied the development 3 would compromise the intent of the designation; and 4 (b) the intent of the designation could not be achieved by 5 imposing conditions on the development approval. 6 (2) To the extent a local government's concurrence agency 7 jurisdiction is about assessing the amenity and aesthetic 8 impact of a building or structure, the concurrence agency may 9 only tell the assessment manager to refuse the application if 10 the concurrence agency considers-- 11 (a) the building or structure, when built, will have an 12 extremely adverse effect on the amenity or likely 13 amenity of its neighbourhood; or 14 (b) the aesthetics of the building or structure, when built, 15 will be in extreme conflict with the character of its 16 neighbourhood. 17 289 Concurrence agency's response to include reasons for 18 refusal or conditions 19 (1) If a concurrence agency's response, other than a refusal taken 20 to have been given under section 286(2), requires an 21 application to be refused or requires a development approval 22 to include conditions, the response must include reasons for 23 the refusal or inclusion. 24 (2) If-- 25 (a) a concurrence agency's response is for the part of an 26 application for a preliminary approval mentioned in 27 section 242 that states the way in which the applicant 28 seeks approval to vary the effect of any applicable local 29 planning instrument for the land; and 30 Page 207

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 290] (b) the response requires the assessment manager to take an 1 action mentioned in section 287(5)(b) or to refuse the 2 variations sought; 3 the response must include reasons for the requirement. 4 290 How a concurrence agency may change its response or 5 give late response 6 (1) Despite section 285, a concurrence agency may, after its 7 referral agency's assessment period and any extension of that 8 period ends but before the application is decided-- 9 (a) give a response (a concurrence agency's response) if 10 the applicant has given written agreement to the content 11 of the response or the Minister has given the 12 concurrence agency a direction under section 420; or 13 (b) amend its response if-- 14 (i) the applicant has given written agreement to the 15 amended response or the Minister has given the 16 concurrence agency a direction under section 420; 17 or 18 (ii) the amended response relates directly to a change 19 made to a development application in response to 20 an information request or a matter raised in a 21 properly made submission for the application. 22 (2) If a concurrence agency proposes to amend a response under 23 subsection (1)(b)(ii), the concurrence agency must give 24 written notice of the proposal to the assessment manager and 25 the applicant within 5 business days after receiving notice of 26 the change under section 352. 27 (3) The assessment manager must not decide the application until 28 the first of the following happens-- 29 (a) the assessment manager receives a copy of the amended 30 response; 31 (b) the end of 10 business days after the notice is given 32 under subsection (2). 33 Page 208

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 291] (4) If a concurrence agency gives or amends a response under 1 subsection (1), the concurrence agency must give-- 2 (a) to the assessment manager--the response or the 3 amended response and a copy of any agreement under 4 subsection (1)(a) or (b)(i); and 5 (b) to the applicant--a copy of the response or the amended 6 response. 7 Subdivision 3 Advice agency responses 8 291 When advice agency must give response for particular 9 matters 10 (1) Subsection (2) applies if an advice agency wants the 11 assessment manager to consider its advice or 12 recommendations when assessing the application. 13 (2) The advice agency must give its response (an advice agency's 14 response) to the assessment manager, and give a copy of its 15 response to the applicant, before the referral agency's 16 assessment period for the application and any extension of 17 that period ends. 18 Note-- 19 Under section 271, a referral agency may give a referral agency's 20 response about development before an application for the development 21 is made. 22 292 Advice agency's response powers 23 (1) An advice agency's response may, within the limits of the 24 advice agency's jurisdiction, make a recommendation to the 25 assessment manager about any aspect of the application 26 relevant to the assessment manager's decision on the 27 application, including, for example-- 28 (a) the conditions that should attach to any development 29 approval; and 30 Page 209

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 3 Information and referral stage [s 293] (b) that any approval should be for part only of the 1 application; and 2 (c) that any approval should be a preliminary approval only. 3 (2) Alternatively, an advice agency's response may, within the 4 limits of the advice agency's jurisdiction, advise the 5 assessment manager that-- 6 (a) the advice agency has no recommendations relating to 7 the application; or 8 (b) it should refuse the application. 9 (3) An advice agency's response may also tell the assessment 10 manager to treat the response as a properly made submission. 11 Division 5 End of information and referral 12 stage 13 293 When does information and referral stage end 14 (1) If there are no referral agencies for the application, the 15 information and referral stage ends when-- 16 (a) the assessment manager states in the acknowledgement 17 notice that it does not intend to make an information 18 request; or 19 (b) if a request has been made--the applicant has finished 20 responding to the request; or 21 (c) if neither paragraph (a) nor paragraph (b) applies--the 22 assessment manager's information request period has 23 ended. 24 (2) If there are referral agencies for the application, the 25 information and referral stage ends when-- 26 (a) the assessment manager has received the notice from the 27 applicant under section 275; and 28 Page 210

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 294] (b) an action mentioned in subsection (1)(a) or (b) has 1 happened or the assessment manager's information 2 request period has ended; and 3 (c) all referral agency's responses have been received by the 4 assessment manager or, if all the responses have not 5 been received, all referral agency's assessment periods 6 have ended. 7 Part 4 Notification stage 8 Division 1 Preliminary 9 294 Purpose of notification stage 10 The notification stage gives a person-- 11 (a) the opportunity to make submissions, including 12 objections, that must be taken into account before an 13 application is decided; and 14 (b) the opportunity to secure the right to appeal to the court 15 about the assessment manager's decision. 16 295 When notification stage applies 17 (1) The notification stage applies to an application if either of the 18 following applies-- 19 (a) any part of the application requires impact assessment; 20 (b) the application is an application to which section 242 21 applies. 22 (2) Subsection (1) applies even if-- 23 (a) code assessment is required for another part of the 24 application; or 25 Page 211

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 296] (b) a concurrence agency advises the assessment manager it 1 requires the application to be refused. 2 (3) However, subsection (1)(b) does not apply if-- 3 (a) a preliminary approval to which section 242 applies has 4 been given for land; and 5 (b) the application does not seek to change the type of 6 assessment for the development or, if it does, it seeks 7 only 1 or both of the following-- 8 (i) to change development requiring code assessment 9 to self-assessable development or development 10 requiring compliance assessment; 11 (ii) to increase the level of assessment for 12 development; and 13 (c) a code proposed as part of the application is 14 substantially consistent with a code in the preliminary 15 approval. 16 (4) However, this part does not apply for an application to which 17 chapter 9, part 7 applies. 18 Note-- 19 See chapter 9 (Miscellaneous), part 7 (Notification stage for particular 20 aquaculture development) for the notification stage that applies for 21 development applications to which that part applies. 22 296 When notification stage can start 23 (1) If there are no concurrence agencies and the assessment 24 manager has stated in the acknowledgement notice that the 25 assessment manager does not intend to make an information 26 request, the applicant may start the notification stage as soon 27 as the acknowledgement notice is given. 28 (2) If no information requests have been made during the last 29 information request period, the applicant may start the 30 notification period as soon as the last information request 31 period ends. 32 Page 212

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 297] (3) If an information request has been made during the 1 information request period, the applicant may start the 2 notification period as soon as the applicant gives-- 3 (a) all information request responses to all information 4 requests made; and 5 (b) copies of the responses to the assessment manager. 6 Division 2 Public notification 7 297 Applicant or assessment manager to give public notice 8 of application 9 (1) The applicant or, with the applicant's written agreement, the 10 assessment manager must-- 11 (a) publish a notice at least once in a newspaper circulating 12 generally in the locality of the land; and 13 (b) place a notice on the land in the way prescribed under a 14 regulation; and 15 (c) give a notice to the owners of all land adjoining the land. 16 (2) If the assessment manager carries out notification for the 17 applicant, the assessment manager may require the applicant 18 to pay a fee, of not more than the assessment manager's 19 reasonable costs for carrying out the notification. 20 (3) For subsection (1)(c), roads, land below high-water mark and 21 the beds and banks of rivers are taken not to be adjoining land. 22 (4) In this section-- 23 owner, for land adjoining the land the subject of the 24 application, means-- 25 (a) if the adjoining land is subject to the Integrated Resort 26 Development Act 1987 or the Sanctuary Cove Resort Act 27 1985--the primary thoroughfare body corporate; or 28 Page 213

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 298] (b) if the adjoining land is subject to the Mixed Use 1 Development Act 1993--the community body 2 corporate; or 3 (c) subject to paragraphs (a) and (b), if the adjoining land is 4 subject to the Building Units and Group Titles Act 5 1980--the body corporate; or 6 (d) if the adjoining land is, under the Body Corporate and 7 Community Management Act 1997, scheme land for a 8 community titles scheme-- 9 (i) the body corporate for the scheme; or 10 (ii) if the adjoining land is scheme land for more than 11 1 community titles scheme--the body corporate 12 for the community titles scheme that is a principal 13 scheme; or 14 (e) if there is a time sharing scheme on the adjoining land 15 and the name and address of a person has been notified 16 under the Local Government Act, section 1124--the 17 person; or 18 (f) if the adjoining land is land being bought from the State 19 for an estate in fee simple under the Land Act 1994--the 20 buyer; or 21 (g) if the adjoining land is land granted in trust or reserved 22 and set apart and placed under the control of trustees 23 under the Land Act 1994--the trustees of the land; or 24 (h) if paragraphs (a) to (g) do not apply--the person for the 25 time being entitled to receive the rent for the land or 26 who would be entitled to receive the rent if the land 27 were let to a tenant at a rent. 28 298 Notification period for applications 29 (1) The notification period for the application must be at least-- 30 (a) 30 business days starting on the day after the last action 31 under section 297(1) is carried out, if any of the 32 following apply for the application-- 33 Page 214

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 299] (i) there are 3 or more concurrence agencies; 1 (ii) all or part of the development-- 2 (A) is assessable under a planning scheme; and 3 (B) is prescribed under a regulation for this 4 subparagraph; 5 (iii) all or part of the development is the subject of an 6 application for a preliminary approval mentioned 7 in section 242; or 8 (b) if paragraph (a) does not apply--15 business days 9 starting on the day after the last action under section 10 297(1) is carried out. 11 (2) The notification period must not include any business day 12 from 20 December in a particular year to 5 January in the 13 following year, both days inclusive. 14 299 Requirements for particular notices 15 (1) The notices mentioned in section 297(1) must be in the 16 approved form. 17 (2) The notice placed on the land must remain on the land for all 18 of the notification period. 19 (3) All actions mentioned in section 297(1) must be completed 20 within 5 business days after the first of the actions is carried 21 out. 22 (4) A regulation may prescribe different notification requirements 23 for an application for development on land located-- 24 (a) outside any local government area; or 25 (b) within a local government area but in a location where 26 compliance with section 297(1) would be unduly 27 onerous or would not give effective public notice. 28 Page 215

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 300] 300 Applicant to give assessment manager notice about 1 particular matters 2 If the applicant carries out notification, the applicant must, 3 within 5 business days after the day the last of the actions 4 mentioned in section 297(1) is carried out, give the 5 assessment manager written notice of the day the last of the 6 actions is carried out. 7 301 Notice of compliance to be given to assessment manager 8 If the applicant carries out notification, the applicant must, 9 within 20 business days after the notification period ends, give 10 the assessment manager written notice that the applicant has 11 complied with the requirements of this division. 12 302 Application lapses if notification not carried out or notice 13 of compliance not given 14 (1) An application to which the notification stage applies lapses 15 if-- 16 (a) the last action under section 297(1) is not carried out 17 before the end of 20 business days after the applicant 18 was entitled to start the notification stage or the further 19 period agreed between the assessment manager and the 20 applicant; or 21 (b) the applicant has not complied with section 301 within 22 the period stated in the section or the further period 23 agreed between the assessment manager and the 24 applicant. 25 (2) However, if the application is revived under section 303(1), 26 the application lapses if the applicant does not comply with-- 27 (a) if subsection (1)(a) applies to the application--section 28 303(2); or 29 (b) if subsection (1)(b) applies to the application--section 30 303(3). 31 Page 216

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 303] 303 When application taken not to have lapsed 1 (1) An application that, other than for this section, would lapse 2 under section 302(1) is revived if, within 5 business days after 3 the application would otherwise have lapsed, the applicant 4 gives the assessment manager written notice that the applicant 5 seeks to revive the application. 6 (2) If the application is revived under subsection (1) and section 7 302(1)(a) applies to the application, the applicant must, within 8 10 business days after giving the notice under subsection (1) 9 or the further period agreed between the assessment manager 10 and the applicant, carry out the actions under section 297(1). 11 (3) If the application is revived under subsection (1) and section 12 302(1)(b) applies to the application, the applicant must, within 13 5 business days after giving the notice under subsection (1) or 14 the further period agreed between the assessment manager 15 and the applicant, comply with section 301. 16 (4) If the application is revived under subsection (1), for the 17 purpose of the IDAS process the application is taken not to 18 have lapsed under section 302(1). 19 304 Assessment manager may assess and decide application 20 if some requirements not complied with 21 (1) Despite section 301, the assessment manager may assess and 22 decide an application even if some of the requirements of this 23 division have not been complied with, if the assessment 24 manager is satisfied any noncompliance has not-- 25 (a) adversely affected the awareness of the public of the 26 existence and nature of the application; or 27 (b) restricted the opportunity of the public to make properly 28 made submissions. 29 (2) However, the assessment manager can not assess and decide 30 an application that has lapsed and has not been revived under 31 this division. 32 Page 217

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 4 Notification stage [s 305] Division 3 Submissions about applications 1 305 Making submissions 2 (1) During the notification period, any person other than the 3 applicant or a concurrence agency may make a submission to 4 the assessment manager about the application. 5 (2) The assessment manager must accept a submission if the 6 submission is a properly made submission. 7 (3) However, the assessment manager may accept a written 8 submission even if the submission is not a properly made 9 submission. 10 (4) If the assessment manager has accepted a submission, the 11 person who made the submission may, by written notice-- 12 (a) amend the submission during the notification period; or 13 (b) withdraw the submission at any time before a decision 14 about the application is made. 15 306 Submissions made during notification period effective 16 for later notification period 17 (1) This section applies if-- 18 (a) a person makes a submission under section 305(1) and 19 the submission is a properly made submission or the 20 assessment manager accepts the submission under 21 section 305(3); and 22 (b) the notification stage for the application is repeated for 23 any reason. 24 (2) The properly made submission is taken to be a properly made 25 submission for the later notification period and the submitter 26 may, by written notice-- 27 (a) amend the submission during the later notification 28 period; or 29 Page 218

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 307] (b) withdraw the submission at any time before a decision 1 about the application is made. 2 (3) The submission the assessment manager accepted under 3 section 305(3) is taken to be part of the common material for 4 the application unless the person who made the submission 5 withdraws the submission before a decision is made about the 6 application. 7 Division 4 End of notification stage 8 307 When does notification stage end 9 The notification stage ends-- 10 (a) if notification is carried out by the applicant--when the 11 assessment manager receives the written notice 12 mentioned in section 301; or 13 (b) if notification is carried out by the assessment manager 14 for the applicant--when the notification period ends. 15 Part 5 Decision stage 16 Division 1 Preliminary 17 308 Assessment necessary even if concurrence agency 18 refuses application 19 This part applies even if a concurrence agency advises the 20 assessment manager the concurrence agency requires the 21 application to be refused. 22 Page 219

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 309] 309 When does decision stage start 1 (1) If an acknowledgement notice for an application is required, 2 the decision stage for the application starts the day after all 3 other stages applying to the application, other than the 4 compliance stage, have ended. 5 (2) If subsection (1) does not apply to an application, the decision 6 stage for the application starts-- 7 (a) if an information request has been made about the 8 application--the day the applicant responds to the 9 information request; or 10 (b) if an information request has not been made about the 11 application--the day the properly made application was 12 received. 13 (3) However, the assessment manager may start assessing the 14 application before the start of the decision stage. 15 310 Effect on decision stage if action taken under Native Title 16 Act (Cwlth) 17 (1) This section applies if an assessment manager takes action 18 under the Native Title Act 1993 (Cwlth), section 24HA or 19 24KA. 20 (2) If the assessment manager takes the action before the decision 21 stage starts, the decision stage does not start until the action is 22 completed. 23 (3) If the assessment manager takes the action after the decision 24 stage has started, the decision stage stops the day after the 25 action is taken and starts again the day after the action is 26 completed. 27 Page 220

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 311] Division 2 Assessment process 1 311 References in div 2 to planning instrument, code, law or 2 policy 3 In this division, other than section 317, a reference to a 4 planning instrument, code, law or policy is a reference to a 5 planning instrument, code, law or policy in effect when the 6 application was properly made. 7 312 When assessment manager must not assess part of an 8 application 9 (1) This section applies to the part of an application (the 10 coordinated part) for which, were it a separate development 11 application, there would be a different assessment manager. 12 (2) Despite sections 313 to 315, the assessment manager must not 13 assess the development the subject of the coordinated part. 14 313 Code assessment--generally 15 (1) This section applies to any part of the application requiring 16 code assessment. 17 (2) The assessment manager must assess the part of the 18 application against each of the following matters or things to 19 the extent the matter or thing is relevant to the development-- 20 (a) the State planning regulatory provisions; 21 (b) the regional plan for a designated region, to the extent it 22 is not identified in the planning scheme as being 23 appropriately reflected in the planning scheme; 24 (c) any applicable codes, other than concurrence agency 25 codes the assessment manager does not apply, that are 26 identified as a code for IDAS under this or another Act; 27 (d) State planning policies, to the extent the policies are not 28 identified in-- 29 Page 221

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 313] (i) any relevant regional plan as being appropriately 1 reflected in the regional plan; or 2 (ii) the planning scheme as being appropriately 3 reflected in the planning scheme; 4 (e) any applicable codes in the following instruments-- 5 (i) a structure plan; 6 (ii) a master plan; 7 (iii) a temporary local planning instrument; 8 (iv) a preliminary approval to which section 242 9 applies; 10 (v) a planning scheme; 11 (f) if the assessment manager is an infrastructure 12 provider--the priority infrastructure plan. 13 Note-- 14 See chapters 2 to 4 for particular provisions about the relationship 15 between the matters or things mentioned in subsection (2). 16 (3) In addition to the matters or things against which the 17 assessment manager must assess the application under 18 subsection (2), the assessment manager must assess the part of 19 the application having regard to the following-- 20 (a) the common material; 21 (b) any development approval for, and any lawful use of, 22 premises the subject of the application or adjacent 23 premises; 24 (c) any referral agency's response for the application; 25 (d) the purposes of any instrument containing an applicable 26 code. 27 (4) If the assessment manager is not a local government, the laws 28 that are administered by, and the policies that are reasonably 29 identifiable as policies applied by, the assessment manager 30 and that are relevant to the application, are taken to be 31 Page 222

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 314] applicable codes in addition to the applicable codes 1 mentioned in subsection (2)(c) or (e). 2 (5) The assessment manager must not assess the application 3 against, or having regard to, anything other than a matter or 4 thing mentioned in this section. 5 (6) Subsection (2)(a), (b) and (d) does not apply for the part of an 6 application involving assessment against the Building Act. 7 314 Impact assessment--generally 8 (1) This section applies to any part of the application requiring 9 impact assessment. 10 (2) The assessment manager must assess the part of the 11 application against each of the following matters or things to 12 the extent the matter or thing is relevant to the development-- 13 (a) the State planning regulatory provisions; 14 (b) the regional plan for a designated region, to the extent it 15 is not identified in the planning scheme as being 16 appropriately reflected in the planning scheme; 17 (c) if the assessment manager is not a local 18 government--the laws that are administered by, and the 19 policies that are reasonably identifiable as policies 20 applied by, the assessment manager and that are relevant 21 to the application; 22 (d) State planning policies, to the extent the policies are not 23 identified in-- 24 (i) any relevant regional plan as being appropriately 25 reflected in the regional plan; or 26 (ii) the planning scheme as being appropriately 27 reflected in the planning scheme; 28 (e) a structure plan; 29 (f) for development in a declared master planned area--all 30 master plans for the area; 31 Page 223

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 315] (g) a temporary local planning instrument; 1 (h) a preliminary approval to which section 242 applies; 2 (i) a planning scheme; 3 (j) for development not in a planning scheme area--any 4 planning scheme or temporary local planning 5 instrument for a planning scheme area that may be 6 materially affected by the development; 7 (k) if the assessment manager is an infrastructure 8 provider--the priority infrastructure plan. 9 Note-- 10 See chapters 2 to 4 for particular provisions about the relationship 11 between the matters or things mentioned in subsection (2). 12 (3) In addition to the matters or things against which the 13 assessment manager must assess the application under 14 subsection (2), the assessment manager must assess the part of 15 the application having regard to the following-- 16 (a) the common material; 17 (b) any development approval for, and any lawful use of, 18 premises the subject of the application or adjacent 19 premises; 20 (c) any referral agency's response for the application. 21 315 Code and impact assessment--superseded planning 22 scheme 23 (1) If the application is a development application (superseded 24 planning scheme), the assessment manager must assess and 25 decide the application as if-- 26 (a) the application were an application to which the 27 superseded planning scheme applied; and 28 (b) the existing planning scheme was not in force; and 29 (c) for chapter 8, part 1, the infrastructure provisions of the 30 existing planning scheme applied; and 31 Page 224

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 316] (d) for section 848, the existing planning scheme policy 1 applied. 2 (2) This section applies despite sections 81, 120 and 121. 3 316 Assessment for s 242 preliminary approvals that affect a 4 local planning instrument 5 (1) This section applies to an application for a preliminary 6 approval mentioned in section 242. 7 (2) Sections 313 and 314 apply to any part of the application 8 requiring code or impact assessment. 9 (3) Subsection (4) applies to the part of the application that states 10 the way in which the applicant seeks to vary the effect of any 11 applicable local planning instrument for the land. 12 (4) The assessment manager must assess the part of the 13 application having regard to-- 14 (a) the common material; and 15 (b) the result of the assessment manager's assessment of 16 any parts of the application requiring code or impact 17 assessment; and 18 (c) all of the following to the extent they are relevant to the 19 application-- 20 (i) the State planning regulatory provisions; 21 (ii) the regional plan for a designated region, to the 22 extent it is not identified in the planning scheme as 23 being appropriately reflected in the planning 24 scheme; 25 (iii) State planning policies, to the extent the policies 26 are not identified in-- 27 (A) any relevant regional plan as being 28 appropriately reflected in the regional plan; 29 or 30 Page 225

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 317] (B) the planning scheme as being appropriately 1 reflected in the planning scheme; 2 (iv) a structure plan; 3 (v) a master plan; and 4 (d) the consistency of the proposed variations with aspects 5 of the local planning instrument, other than the aspects 6 sought to be varied; and 7 (e) the effect the proposed variations would have on any 8 right of a submitter for following applications, with 9 particular regard to the amount and detail of supporting 10 material for the current application available to any 11 submitters; and 12 (f) any referral agency's response for the application. 13 317 Assessment manager may give weight to later planning 14 instrument, code, law or policy 15 (1) In assessing the application, the assessment manager may 16 give the weight it is satisfied is appropriate to a planning 17 instrument, code, law or policy that came into effect after the 18 application was made, but-- 19 (a) before the day the decision stage for the application 20 started; or 21 (b) if the decision stage is stopped--before the day the 22 decision stage is restarted. 23 (2) However, for a development application (superseded planning 24 scheme), subsection (1) does not apply to an existing local 25 planning instrument, other than any infrastructure provisions 26 or planning scheme policy applied in relation to the 27 assessment of the application under section 315(1)(c) and (d). 28 Page 226

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 318] Division 3 Decision 1 Subdivision 1 Decision-making period 2 318 Decision-making period--generally 3 (1) The assessment manager must decide the application within 4 20 business days after the day the decision stage starts (the 5 decision-making period). 6 (2) The assessment manager may, by written notice given to the 7 applicant and without the applicant's agreement, extend the 8 decision-making period by not more than 20 business days. 9 (3) Only 1 notice may be given under subsection (2) and it must 10 be given before the decision-making period ends. 11 (4) However, the decision-making period may be further 12 extended, including for the purpose of providing further 13 information to the assessment manager, if the applicant, at any 14 time before the decision is made, gives written agreement to 15 the extension. 16 (5) If there is a concurrence agency for the application, the 17 decision must not be made before 10 business days after the 18 day the information and referral stage ends, unless the 19 applicant gives the assessment manager written notice that it 20 does not intend to take action under section 320 or 321. 21 (6) Despite subsections (2) and (4), the decision-making period 22 can not be extended or further extended if the assessment 23 manager has been given a direction under section 418(1)(c) to 24 decide the application. 25 319 Decision-making period--changed circumstances 26 Despite section 318, the decision-making period starts again 27 from its beginning-- 28 (a) if a concurrence agency gives a concurrence agency's 29 response or an amended concurrence agency's response 30 Page 227

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 320] under section 290--the day after the response or 1 amended response is received by the assessment 2 manager; or 3 (b) if the decision-making period is stopped under section 4 320--the day after the assessment manager receives 5 further written notice withdrawing the notice stopping 6 the decision-making period; or 7 (c) if the decision-making period is stopped under section 8 321, the day after the first of the following to happen-- 9 (i) the assessment manager receives, under section 10 321, a copy of all reissued concurrence agency's 11 responses for the application; 12 (ii) the assessment manager receives further written 13 notice withdrawing the notice stopping the 14 decision-making period. 15 320 Applicant may stop decision-making period to make 16 representations 17 (1) If the applicant wishes to make representations to a referral 18 agency about the agency's response, the applicant may, by 19 written notice given to the assessment manager, for not more 20 than 3 months, stop the decision-making period at any time 21 before the decision is made. 22 (2) If a notice is given, the decision-making period stops the day 23 the assessment manager receives the notice. 24 (3) The applicant may withdraw the notice at any time. 25 321 Applicant may stop decision-making period to request 26 chief executive's assistance 27 (1) The applicant may, at any time before the application is 28 decided-- 29 (a) by written notice (the request) given to the chief 30 executive, ask the chief executive to resolve conflict 31 Page 228

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 322] between 2 or more concurrence agency's responses 1 containing conditions the applicant is satisfied are 2 inconsistent; and 3 (b) by written notice given to the assessment manager, for 4 not more than 3 months, stop the decision-making 5 period. 6 (2) The request must identify the conditions in the concurrence 7 agency's responses the applicant is satisfied are inconsistent. 8 (3) After receiving the request, the chief executive must give a 9 notice acknowledging receipt of the request to the applicant 10 and each affected concurrence agency. 11 (4) In responding to the request, the chief executive may, after 12 consulting the concurrence agencies, exercise all the powers 13 of the concurrence agencies necessary to reissue 1 or more 14 concurrence agency's responses to address any inconsistency. 15 (5) If the chief executive reissues a concurrence agency's 16 response, the chief executive must give the response to the 17 applicant and give a copy of the response to-- 18 (a) the affected concurrence agency; and 19 (b) the assessment manager. 20 (6) The applicant may withdraw the notice given under 21 subsection (1)(b) at any time. 22 322 Decision-making period suspended until approval of 23 master plan 24 (1) This section applies if-- 25 (a) the application relates to land in a declared master 26 planned area; and 27 (b) the structure plan for the master planned area requires a 28 master plan for the development; and 29 (c) a proposed master plan for the development has not 30 been approved. 31 Page 229

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 323] (2) Until the approval for the master plan has been given-- 1 (a) the assessment manager's decision can not be made; and 2 (b) the decision-making period for the application is 3 suspended. 4 Subdivision 2 Decision rules--generally 5 323 Application of sdiv 2 6 This subdivision does not apply to the part of an application 7 for a preliminary approval mentioned in section 242 that 8 states the way in which the applicant seeks approval to vary 9 the effect of any applicable local planning instrument for the 10 land. 11 324 Decision generally 12 (1) In deciding the application, the assessment manager must-- 13 (a) approve all or part of the application; or 14 (b) approve all or part of the application subject to 15 conditions decided by the assessment manager; or 16 (c) refuse the application. 17 (2) The assessment manager's decision must be based on the 18 assessments made under division 2. 19 (3) The assessment manager's decision must not be inconsistent 20 with a State planning regulatory provision. 21 (4) Subsection (5) applies for an application for development in a 22 master planned area if the structure plan for the area requires a 23 master plan for the development. 24 (5) If a master plan application for the master plan is refused, the 25 development application must be refused. 26 (6) To remove any doubt, it is declared that-- 27 Page 230

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 325] (a) the assessment manager may give a preliminary 1 approval, other than a preliminary approval to which 2 section 242 applies, even though the applicant sought a 3 development permit; and 4 (b) if the assessment manager approves only part of an 5 application, the balance of the application is refused. 6 325 Effect of concurrence agency's response 7 (1) If a concurrence agency's response requires conditions to be 8 attached to a development approval for the application, the 9 assessment manager must attach to any approval, in the exact 10 form given by the concurrence agency, the concurrence 11 agency conditions. 12 (2) If a concurrence agency's response has, under section 13 287(1)(b) or (c), stated an action that must be taken, the 14 assessment manager must take the action. 15 (3) If a concurrence agency's response has, under section 16 287(1)(d), stated a different period for section 341(1)(b), 17 (2)(c) or (3)(b), the assessment manager must, on any 18 development approval, state the period. 19 (4) If a concurrence agency's response requires the application to 20 be refused, the assessment manager must refuse it. 21 326 Other decision rules 22 (1) The assessment manager's decision must not conflict with a 23 relevant instrument unless-- 24 (a) the conflict is necessary to ensure the decision complies 25 with a State planning regulatory provision; or 26 (b) there are sufficient grounds to justify the decision, 27 despite the conflict; or 28 (c) the conflict arises because of a conflict between-- 29 Page 231

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 327] (i) 2 or more relevant instruments of the same type, 1 and the decision best achieves the purposes of the 2 instruments; or 3 Example of a conflict between relevant instruments-- 4 a conflict between 2 State planning policies 5 (ii) 2 or more aspects of any 1 relevant instrument, and 6 the decision best achieves the purposes of the 7 instrument. 8 Example of a conflict between aspects of a relevant 9 instrument-- 10 a conflict between 2 codes in a planning scheme 11 (2) In this section-- 12 relevant instrument means a matter or thing mentioned in 13 section 313(2) or 314(2), other than a State planning 14 regulatory provision, against which code assessment or 15 impact assessment is carried out. 16 Subdivision 3 Decision rules--application under 17 section 242 18 327 Decision if application under s 242 requires assessment 19 (1) In deciding the part of an application for a preliminary 20 approval mentioned in section 242 that states the way in 21 which the applicant seeks approval to vary the effect of any 22 applicable local planning instrument for the premises, the 23 assessment manager must-- 24 (a) approve all or some of the variations sought; or 25 (b) subject to section 242(3) and (5)--approve different 26 variations from those sought; or 27 (c) refuse the variations sought. 28 (2) The assessment manager's decision must be based on the 29 assessments made under division 2. 30 Page 232

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 328] (3) The assessment manager's decision must not be inconsistent 1 with a State planning regulatory provision. 2 (4) To the extent development applied for under other parts of the 3 application is refused, any variation relating to the 4 development must also be refused. 5 328 Effect of concurrence agency's response 6 (1) If the part of the application is approved and a concurrence 7 agency's response has, under section 287(5)(b), stated an 8 action that must be taken, the assessment manager must take 9 the action. 10 (2) If a concurrence agency's response requires the variations to 11 be refused, the assessment manager must refuse the 12 variations. 13 329 Other decision rules 14 (1) The assessment manager's decision must not conflict with a 15 relevant instrument unless-- 16 (a) the conflict is necessary to ensure the decision complies 17 with a State planning regulatory provision; or 18 (b) there are sufficient grounds to justify the decision, 19 despite the conflict; or 20 (c) the conflict arises because of a conflict between-- 21 (i) 2 or more relevant instruments of the same type, 22 and the decision best achieves the purposes of the 23 instruments; or 24 Example of a conflict between relevant instruments-- 25 a conflict between 2 State planning policies 26 (ii) 2 or more aspects of any 1 relevant instrument, and 27 the decision best achieves the purposes of the 28 instrument. 29 Page 233

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 330] Example of a conflict between aspects of a relevant 1 instrument-- 2 a conflict between 2 codes 3 (2) In this section-- 4 relevant instrument means a matter or thing mentioned in 5 section 316(4)(c) or (d), other than a State planning regulatory 6 provision, the assessment manager must have regard to in 7 assessing the part of the application. 8 Subdivision 4 Deemed decision for particular 9 applications 10 330 Application of sdiv 4 11 This subdivision applies to an application requiring code 12 assessment only, other than-- 13 (a) an application for a preliminary approval to which 14 section 242 applies; or 15 (b) an application that a concurrence agency has directed 16 the assessment manager to refuse or approve in part 17 only; or 18 (c) an application for development-- 19 (i) in a wet tropics area under the Wet Tropics World 20 Heritage Protection and Management Act 1993; or 21 (ii) in a wild river area; or 22 (iii) on a Queensland heritage place; or 23 (iv) in a protected area, critical habitat or area of major 24 interest under the Nature Conservation Act 1992; 25 or 26 (d) a vegetation clearing application under the Vegetation 27 Management Act; or 28 (e) a building development application; or 29 Page 234

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 331] (f) an application for which chapter 9, part 7 applies; or 1 (g) an application relating to an iconic place under the 2 Iconic Queensland Places Act 2008. 3 331 Deemed approval of applications 4 (1) If the assessment manager does not decide the application 5 within the decision-making period, including any extension of 6 the period, the applicant may before the application is decided 7 give written notice (a deemed approval notice) to the 8 assessment manager that the application should be deemed to 9 have been approved by the assessment manager. 10 (2) A deemed approval notice for an application must be in the 11 approved form. 12 (3) If the applicant acts under subsection (1), the applicant must 13 at the same time give a copy of the deemed approval notice to 14 each entity mentioned in section 334(1)(b) or (c) that would 15 be entitled to receive a decision notice for the application. 16 (4) Subsections (5) to (9) apply if the applicant gives the 17 assessment manager a deemed approval notice for an 18 application. 19 (5) For this Act, the assessment manager is taken to have decided 20 to approve the application on the day the deemed approval 21 notice is received. 22 (6) Despite section 334(2), the assessment manager must, within 23 10 business days after receiving the deemed approval notice, 24 give the applicant a decision notice approving the application 25 or approving the application subject to conditions. 26 (7) Despite section 324(6)(a), a decision notice given for the 27 application after a deemed approval notice is received must 28 state that the approval is-- 29 (a) if a concurrence agency has directed that any approval 30 for the application must be a preliminary approval 31 only--a preliminary approval; or 32 Page 235

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 332] (b) if the application is for a preliminary approval--a 1 preliminary approval; or 2 (c) if the application is for a development permit and 3 paragraph (a) does not apply--a development permit; or 4 (d) if the application is for a preliminary approval and a 5 development permit, and paragraph (a) does not 6 apply--a combined preliminary approval and 7 development permit. 8 (8) If a decision notice or negotiated decision notice is not given 9 for the application, the approval is taken to be a development 10 approval given by the assessment manager in the form of-- 11 (a) if a concurrence agency has directed that any approval 12 for the application must be a preliminary approval 13 only--a preliminary approval; or 14 (b) if the application is for a preliminary approval--a 15 preliminary approval; or 16 (c) if the application is for a development permit and 17 paragraph (a) does not apply--a development permit; or 18 (d) if the application is for a preliminary approval and a 19 development permit, and paragraph (a) does not 20 apply--a combined preliminary approval and 21 development permit. 22 (9) If a decision notice is not given and a concurrence agency's 23 response tells the assessment manager a different period for 24 section 341(1)(b), (2)(c) or (3)(b), the different period applies 25 for the deemed approval. 26 332 Standard conditions for deemed approvals 27 (1) If the assessment manager does not give a decision notice for 28 the application, the deemed approval is subject to the 29 conditions (the standard conditions) made by the Minister 30 and in effect at the time the deemed approval notice was given 31 to the assessment manager. 32 Page 236

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 333] (2) Before making or amending the standard conditions, the 1 Minister must consult with the persons or entities the Minister 2 considers appropriate. 3 (3) The Minister must notify the making or amendment of the 4 standard conditions in the gazette. 5 (4) If a deemed approval is subject to the standard conditions, the 6 conditions are taken to have been imposed by the assessment 7 manager. 8 (5) This section does not limit section 244. 9 Example for subsection (5)-- 10 If an assessment manager does not give a decision notice for an 11 application and a concurrence agency's response required conditions to 12 be imposed on the development approval, the concurrence agency 13 conditions apply to the approval in addition to the standard conditions. 14 333 Limitation on giving deemed approval notice 15 (1) If, under a provision of an Act, the assessment manager can 16 not decide an application until an action or thing is done or 17 happens, the applicant can not give a deemed approval notice 18 for an application to which this subdivision applies until the 19 action or thing is done or happens. 20 (2) If the Minister gives the assessment manager a direction under 21 section 418(1)(b) for a particular application, the applicant 22 can not give a deemed approval notice for the application until 23 the end of the period stated in the direction for deciding the 24 application. 25 (3) This section applies despite section 331(1). 26 Division 4 Notice of decision 27 334 Assessment manager to give notice of decision 28 (1) The assessment manager must give written notice of the 29 decision in the approved form (the decision notice) to-- 30 Page 237

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 335] (a) the applicant; and 1 (b) each referral agency; and 2 (c) if the assessment manager is not the local government 3 and the development is in a local government area--the 4 local government; and 5 (d) if the application is a building development 6 application--each designated person for the application. 7 (2) The decision notice must be given within 5 business days after 8 the day the decision is made. 9 (3) In this section-- 10 designated person, for a building development application, 11 means-- 12 (a) if the building to which the application relates is, under 13 the BCA, a single detached class 1a building or a class 14 10 building or structure--the owner of the building; and 15 (b) any other person nominated on the approved form under 16 section 260(2), as the person to receive documents. 17 335 Content of decision notice 18 (1) The decision notice must state the following-- 19 (a) the day the decision was made; 20 (b) the name and address of each referral agency; 21 (c) whether the application is approved, approved subject to 22 conditions or refused; 23 (d) whether the assessment manager is taken to have 24 approved the application under section 331; 25 (e) if the application is approved subject to conditions-- 26 (i) the conditions; and 27 (ii) whether each condition is a concurrence agency or 28 assessment manager condition, and if a 29 Page 238

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 335] concurrence agency condition, the name of the 1 concurrence agency; 2 (f) if the application is refused-- 3 (i) whether the assessment manager was directed to 4 refuse the application and, if so, the name of the 5 concurrence agency directing refusal and whether 6 the refusal is solely because of the concurrence 7 agency's direction; and 8 (ii) for a refusal for any reason other than because of a 9 concurrence agency's direction--the reasons for 10 the refusal; 11 (g) if the application is approved--whether the approval is a 12 preliminary approval, a development permit or a 13 combined preliminary approval and development 14 permit; 15 (h) if all or part of the application is for a preliminary 16 approval mentioned in section 242 and a variation to an 17 applicable local planning instrument has been approved 18 under this Act--the variation; 19 (i) any other development permits or compliance permits 20 necessary to allow the development to be carried out; 21 (j) any code the applicant may need to comply with for 22 self-assessable development related to the development 23 approved; 24 (k) details of any compliance assessment required under 25 part 10 for documents or work in relation to the 26 development; 27 (l) whether or not there were any properly made 28 submissions about the application and for each properly 29 made submission, the name and address of the principal 30 submitter; 31 (m) whether the assessment manager considers the 32 assessment manager's decision conflicts with a relevant 33 instrument; 34 Page 239

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 336] (n) if the assessment manager is satisfied the decision 1 conflicts with a relevant instrument--the reasons for the 2 decision, including a statement of the sufficient grounds 3 mentioned in sections 326(1)(b) and 329(1)(b); 4 (o) the rights of appeal for the applicant and any submitters. 5 (2) To remove doubt, it is declared that subsection (1)(n) does not 6 require the assessment manager to give reasons for each 7 condition of approval. 8 (3) Also, if the application is a building development application, 9 the decision notice must include the approved drawings for 10 the development approval. 11 (4) If the application is taken to have been approved under section 12 331, the decision notice need not include the matters 13 mentioned in subsection (1)(m) or (n). 14 (5) In this section-- 15 relevant instrument, in relation to an assessment manager's 16 decision, means a matter or thing mentioned in section 313(2), 17 314(2) or 316(4)(c) or (d), other than a State planning 18 regulatory provision, against which the assessment was 19 carried out or to which the assessment manager had regard. 20 336 Material to be given with decision notice 21 When the assessment manager gives a decision notice under 22 section 334, the assessment manager must also give a copy 23 of-- 24 (a) any relevant appeal provisions; and 25 (b) any plans and specifications approved by the assessment 26 manager in relation to the decision notice. 27 337 Assessment manager to give copy of decision notice to 28 principal submitter 29 (1) If the application is approved, the assessment manager must 30 give a copy of the decision notice to each principal submitter 31 Page 240

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 338] within 5 business days after the earliest of the following 1 happens-- 2 (a) the applicant gives the assessment manager a written 3 notice stating that the applicant does not intend to make 4 representations mentioned in section 361(1); 5 (b) the applicant gives the assessment manager notice of the 6 applicant's appeal; 7 (c) the applicant's appeal period ends. 8 (2) If the application is refused, the assessment manager must 9 give a copy of the decision notice to each principal submitter 10 at about the same time as the decision notice is given to the 11 applicant. 12 (3) A copy of the relevant appeal provisions must also be given 13 with each copy of the decision notice. 14 338 Decision notice given by private certifier 15 If the decision notice is given by a private certifier, sections 16 334 to 337 apply subject to the Building Act, chapter 4, part 6. 17 Editor's note-- 18 Building Act, chapter 4, part 6 (Regulation of building assessment work 19 and the issuing of building development approvals by private certifiers) 20 Division 5 Approvals 21 339 When approval takes effect 22 (1) If the application is approved, or approved subject to 23 conditions, the decision notice, or if a negotiated decision 24 notice is given, the negotiated decision notice, is taken to be 25 the development approval and has effect-- 26 (a) if there is no submitter and the applicant does not appeal 27 the decision to the court or a building and development 28 committee, from when-- 29 Page 241

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 339] (i) the decision notice is given; or 1 (ii) if a negotiated decision notice is given--the 2 negotiated decision notice is given; or 3 (b) if there is a submitter and the applicant does not appeal 4 the decision to the court or a building and development 5 committee-- 6 (i) when the submitter's appeal period ends; or 7 (ii) if the last submitter gives the assessment manager 8 written notice that the submitter will not be 9 appealing the decision before the period mentioned 10 in subparagraph (i) ends--on the day the last 11 submitter gives the notice; or 12 (c) if an appeal is made to the court or a building and 13 development committee, subject to sections 490(3) and 14 553(3) and the decision of the court or committee under 15 section 496 or 564--when the appeal is finally decided 16 or withdrawn. 17 (2) However, if the approval relates to land that was acquisition 18 land to which section 263(2)(d) applied when the application 19 was made, the development approval does not have effect 20 until the later of the following-- 21 (a) the day the land is taken or acquired under the State 22 Development and Public Works Organisation Act 1971 23 or the Acquisition Act; 24 (b) the time the development approval would, other than for 25 this subsection, have effect. 26 (3) If a decision notice or negotiated decision notice is not given 27 for an application to which a deemed approval relates, the 28 deemed approval has effect-- 29 (a) if the applicant does not appeal the decision to the court 30 or a building and development committee, from when 31 the decision notice should have been given under section 32 331(6); or 33 Page 242

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 340] (b) if an appeal is made to the court or a building and 1 development committee, subject to sections 490(3) and 2 553(3) and the decision of the court or committee under 3 section 496 or 564--when the appeal is finally decided 4 or withdrawn. 5 (4) If a submitter acts under subsection (1)(b)(ii), the assessment 6 manager must give the applicant a copy of the submitter's 7 notice. 8 (5) In this section-- 9 submitter includes an advice agency that has told the 10 assessment manager to treat its response as a properly made 11 submission. 12 340 When development may start 13 (1) Development may start-- 14 (a) when a development permit for the development takes 15 effect; or 16 (b) if an application for a development permit is taken to 17 have been approved under section 331 and the 18 assessment manager does not give a decision notice for 19 the application--when the deemed approval for the 20 application has effect. 21 (2) Subsection (1) applies subject to any condition applying under 22 section 346(1)(b) to a development approval for the 23 development. 24 (3) However, for development on land in a declared master 25 planned area, the development can not start until all master 26 plans that the structure plan requires for the land have taken 27 effect. 28 341 When approval lapses if development not started 29 (1) To the extent a development approval is for a material change 30 of use of premises, the approval lapses if the first change of 31 Page 243

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 341] use under the approval does not start within the following 1 period (the relevant period)-- 2 (a) 4 years starting the day the approval takes effect; 3 (b) if the approval states a different period from when the 4 approval takes effect--the stated period. 5 (2) To the extent a development approval is for reconfiguring a 6 lot, the approval lapses if a plan for the reconfiguration is not 7 given to the local government within the following period 8 (also the relevant period)-- 9 (a) for reconfiguration not requiring operational works--2 10 years starting the day the approval takes effect; 11 (b) for reconfiguration requiring operational works--4 12 years starting the day the approval takes effect; 13 (c) if the approval states a different period from when the 14 approval takes effect--the stated period. 15 (3) To the extent a development approval is for development other 16 than a material change of use of premises or reconfiguring a 17 lot, the approval lapses if the development does not 18 substantially start within the following period (also the 19 relevant period)-- 20 (a) 2 years starting the day the approval takes effect; 21 (b) if the approval states a different period from when the 22 approval takes effect--the stated period. 23 (4) Despite subsections (1) and (2), if there are 1 or more related 24 approvals for a development approval mentioned in 25 subsection (1) or (2), the relevant period is taken to have 26 started on the day the latest related approval takes effect. 27 (5) If a monetary security has been given in relation to any 28 development approval, the security must be released if the 29 approval lapses under this section. 30 (6) The lapsing of a development approval for a material change 31 of use of premises or reconfiguring a lot does not cause an 32 approval mentioned in subsection (3) to lapse. 33 Page 244

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 341] (7) In this section-- 1 related approval, for a development approval for a material 2 change of use of premises (the earlier approval), means-- 3 (a) the first development approval for a development 4 application made to a local government or private 5 certifier, or first compliance permit for a request for 6 compliance assessment made to a local government or 7 entity nominated by a local government, within 2 years 8 of the start of the relevant period, that is-- 9 (i) to the extent the earlier approval is a preliminary 10 approval--a development permit or compliance 11 permit for the material change of use of premises; 12 or 13 (ii) to the extent the earlier approval is a development 14 permit or a preliminary approval for development 15 mentioned in section 242(3)(a)(i) or (ii)--a 16 development permit or compliance permit for 17 building work or operational work necessary for 18 the material change of use of premises to take 19 place; and 20 (b) each further development permit, for a development 21 application made to a local government or private 22 certifier within 2 years of the day the last related 23 approval takes effect, that is for building work or 24 operational work necessary for the material change of 25 use of premises to take place; and 26 (c) each further compliance permit, for a request for 27 compliance assessment made to a local government or 28 entity nominated by a local government within 2 years 29 of the day the last related approval takes effect, that is 30 for building work or operational work necessary for the 31 material change of use of premises to take place. 32 related approval, for a development approval for 33 reconfiguring a lot (also the earlier approval), means-- 34 Page 245

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 342] (a) the first development permit for a development 1 application made to a local government, or first 2 compliance permit for a request for compliance 3 assessment made to a local government or entity 4 nominated by a local government, within 2 years of the 5 start of the relevant period, that is-- 6 (i) to the extent the earlier approval is a preliminary 7 approval--for the reconfiguration; or 8 (ii) to the extent the earlier approval is a development 9 permit for reconfiguring a lot--for operational 10 work related to the reconfiguration; and 11 (b) each further development permit, for a development 12 application made to a local government within 2 years 13 of the day the last related approval takes effect, that is 14 for operational work related to the reconfiguration; and 15 (c) each further compliance permit, for a request for 16 compliance assessment made to a local government or 17 entity nominated by a local government within 2 years 18 of the day the last related approval takes effect, that is 19 for operational work related to the reconfiguration. 20 342 When approval lapses if development started but 21 not completed--general 22 (1) Subsection (2) applies if-- 23 (a) a condition requires assessable development, or an 24 aspect of assessable development, to be completed 25 within a particular time; and 26 (b) the assessable development, or aspect, is started but not 27 completed within the time. 28 (2) The approval, to the extent it relates to the assessable 29 development or aspect not completed, lapses. 30 (3) However, even though the approval has lapsed, any security 31 paid under a condition mentioned in section 346(1)(f) may be 32 Page 246

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 343] used in a way stated by the approval, including, for example, 1 to finish the development. 2 (4) This section does not apply to a preliminary approval to which 3 section 242 applies. 4 343 When approval lapses if development started but not 5 completed--preliminary approval 6 (1) This section applies to a preliminary approval to which 7 section 242 applies if development, or an aspect of 8 development, to which the approval relates is started but not 9 completed within the prescribed period for the approval. 10 (2) The approval, to the extent it relates to the development or 11 aspect not completed, lapses at the end of the prescribed 12 period. 13 (3) In this section-- 14 prescribed period, for a preliminary approval to which section 15 242 applies, means-- 16 (a) if a condition of the approval requires development, or 17 an aspect of development, to which the approval relates 18 to be completed within a stated period--the stated 19 period; or 20 (b) if paragraph (a) does not apply--the period, if any, 21 nominated by the applicant for that purpose and stated in 22 the application to which the approval relates; or 23 (c) if paragraphs (a) and (b) do not apply-- 24 (i) 5 years after the day the preliminary approval takes 25 effect; or 26 (ii) if there is 1 or more related approvals for the 27 preliminary approval--5 years after the day the 28 last related approval takes effect. 29 related approval, for a preliminary approval, means a related 30 approval for the preliminary approval under section 341(7). 31 Page 247

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 344] Division 6 Conditions 1 344 Application of div 6 2 This division applies to each condition in a development 3 approval whether the condition is a condition-- 4 (a) a concurrence agency directs an assessment manager to 5 impose; or 6 (b) decided by an assessment manager; or 7 (c) attached to the approval under the direction of the 8 Minister. 9 345 Conditions must be relevant or reasonable 10 (1) A condition must-- 11 (a) be relevant to, but not an unreasonable imposition on, 12 the development or use of premises as a consequence of 13 the development; or 14 (b) be reasonably required in relation to the development or 15 use of premises as a consequence of the development. 16 (2) Subsection (1) applies despite the laws that are administered 17 by, and the policies that are reasonably identifiable as policies 18 applied by, an assessment manager or concurrence agency. 19 346 Conditions generally 20 (1) A condition may-- 21 (a) place a limit on how long a lawful use may continue or 22 works may remain in place; or 23 (b) state a development may not start until other 24 development permits or compliance permits, for 25 development on the same premises, have been given or 26 other development on the same premises, including 27 development not covered by the development 28 Page 248

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 347] application, has been substantially started or completed; 1 or 2 (c) require compliance with an infrastructure agreement 3 relating to the land; or 4 (d) require a document or work to be subject to compliance 5 assessment; or 6 (e) require development, or an aspect of development, to be 7 completed within a particular time; or 8 (f) require the payment of security under an agreement 9 under section 348 to support a condition mentioned in 10 paragraph (e). 11 (2) A condition imposed under subsection (1)(c) is taken to 12 comply with section 345. 13 Note-- 14 See chapter 8, part 1 for other conditions that may be imposed on a 15 development approval. 16 347 Conditions that can not be imposed 17 (1) A condition must not-- 18 (a) be inconsistent with a condition of an earlier 19 development approval or compliance permit still in 20 effect for the development; or 21 (b) for infrastructure to which chapter 8, part 1 applies, 22 require (other than under chapter 8, part 1)-- 23 (i) a monetary payment for the establishment, 24 operating and maintenance costs of the 25 infrastructure; or 26 (ii) works to be carried out for the infrastructure; or 27 (c) state that works required to be carried out for a 28 development must be undertaken by an entity other than 29 the applicant; or 30 (d) require an access restriction strip; or 31 Page 249

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 5 Decision stage [s 348] (e) limit the time a development approval has effect for a 1 use or work forming part of a network of community 2 infrastructure, other than State-owned or 3 State-controlled transport infrastructure. 4 (2) This section does not stop a condition being imposed that 5 requires a monetary payment, or works to be carried out-- 6 (a) to protect or maintain-- 7 (i) the safety or efficiency of existing or proposed 8 State-owned or State-controlled transport 9 infrastructure; or 10 (ii) the safety or efficiency of railways under the 11 Transport Infrastructure Act; or 12 (b) to ensure the efficient provision of public passenger 13 transport through public passenger transport 14 infrastructure within the meaning of the Transport 15 Planning and Coordination Act 1994, whether or not the 16 infrastructure is State-owned or State-controlled. 17 (3) In subsection (2)-- 18 State-owned or State-controlled transport infrastructure 19 means transport infrastructure under the Transport 20 Infrastructure Act that is owned or controlled by the State. 21 348 Agreements 22 The applicant may enter into an agreement with an entity, 23 including, for example, an assessment manager or a 24 concurrence agency, to establish the obligations, or secure the 25 performance, of a party to the agreement about a condition. 26 349 Covenants not to be inconsistent with development 27 approvals 28 (1) Subsection (2) applies if a covenant under the Land Act 1994, 29 section 373A(4) or the Land Title Act 1994, section 97A(3)(a) 30 Page 250

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 6 Changing or withdrawing development applications [s 350] or (b) is entered into in connection with a development 1 application. 2 Editor's note-- 3 Land Act 1994, section 373A (Covenant by registration) or Land Title 4 Act 1994, section 97A (Covenant by registration) 5 (2) The covenant is of no effect unless it is entered into-- 6 (a) as a requirement of a condition of a development 7 approval for the application; or 8 (b) under an infrastructure agreement. 9 Part 6 Changing or withdrawing 10 development applications 11 Division 1 Preliminary 12 350 Meaning of minor change 13 (1) A minor change in relation to an application, is any of the 14 following changes to the application-- 15 (a) a change that merely corrects a mistake about the name 16 or address of the applicant or owner, or the address or 17 other property details of the land to which the 18 application applies, if the assessment manager is 19 satisfied the change would not adversely affect the 20 ability of a person to assess the changed application; 21 (b) a change of applicant, if the assessment manager is 22 satisfied the change would not adversely affect the 23 ability of a person to assess the changed application; 24 (c) a change that merely corrects a spelling or grammatical 25 error; 26 (d) a change that-- 27 Page 251

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 6 Changing or withdrawing development applications [s 351] (i) does not result in a substantially different 1 development; and 2 (ii) does not require the application to be referred to 3 any additional referral agencies; and 4 (iii) does not change the type of development approval 5 sought; and 6 (iv) does not require impact assessment for any part of 7 the changed application, if the original application 8 did not involve impact assessment. 9 (2) In deciding whether a change is a minor change under 10 subsection (1)(d), the planning instruments or law in force at 11 the time the change was made apply (the applicable law). 12 (3) Application of the applicable law does not stop a change 13 mentioned in subsection (1)(d)(ii) or (iv) from being a minor 14 change only because the applicable law, if applied to the 15 application as originally made, would require referral to any 16 additional referral agencies or involve impact assessment. 17 Division 2 Procedure for changing 18 applications 19 351 Changing application 20 (1) Before an application is decided, the applicant may change 21 the application by giving the assessment manager written 22 notice of the change. 23 Note-- 24 An assessment manager or concurrence agency may, in an information 25 request, advise an applicant about changing an application. See section 26 276 (Information request to applicant). 27 (2) An applicant can not change an application if the change 28 would, if the application were remade including the change, 29 result in the application-- 30 (a) not being a properly made application; or 31 Page 252

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 6 Changing or withdrawing development applications [s 352] (b) involving prohibited development. 1 (3) Subsection (2)(a) does not apply to the applicant if the 2 applicant takes the action that would be necessary to make the 3 application a properly made application if it were remade. 4 (4) If the change to the application is, or includes, a change of 5 applicant, the notice of the change-- 6 (a) may be given to the assessment manager by the person 7 proposing to become the applicant; and 8 (b) must be accompanied by the written consent of the 9 person who is the applicant immediately before the 10 change. 11 352 Assessment manager to advise referral agencies about 12 changed applications 13 When the assessment manager receives notice of the change, 14 the assessment manager must give a copy of the notice to the 15 following entities and advise them of its effect under division 16 3-- 17 (a) any referral agencies for the original application; 18 (b) if the change requires the application to be referred to a 19 referral agency, other than a referral agency mentioned 20 in paragraph (a)--the referral agency. 21 Note-- 22 Under section 290(1)(b)(ii), a concurrence agency may amend its 23 concurrence agency's response for particular changes to the application. 24 Division 3 Changed applications--effect on 25 IDAS 26 353 Effect on IDAS--minor change 27 (1) IDAS does not stop for a changed application if the change is 28 a minor change of the application. 29 Page 253

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 6 Changing or withdrawing development applications [s 354] (2) For a changed application, the notification stage does not 1 again apply, and is not required to restart, if-- 2 (a) the change is a minor change; and 3 (b) the notification stage applied to the original application; 4 and 5 (c) the change was made during the notification stage or 6 after the notification stage ended. 7 354 Effect on IDAS--changes about matters relating to 8 submissions or information requests 9 (1) This section applies to a changed application if-- 10 (a) the change is not a minor change of the application; and 11 (b) the assessment manager is satisfied the change-- 12 (i) only deals with a matter raised in a properly made 13 submission for the application; or 14 (ii) is in response to an information request; and 15 (c) the notification stage applied to the original application; 16 and 17 (d) the change was made during the notification stage or 18 after the notification stage ended. 19 (2) IDAS does not stop for the changed application. 20 (3) However, the notification stage must restart or be repeated 21 unless the assessment manager is satisfied the change would 22 not be likely to attract a submission objecting to the thing 23 comprising the change, if the notification stage were to apply 24 to the change. 25 (4) Also, if the notification stage applies to the changed 26 application, the assessment manager can not decide the 27 application until the notification stage has ended. 28 Page 254

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 6 Changing or withdrawing development applications [s 355] 355 Effect on IDAS--other changes 1 (1) Subsection (2) applies to a changed application if-- 2 (a) the change is not a minor change; and 3 (b) the assessment manager is satisfied the change is not a 4 change that-- 5 (i) only deals with a matter raised in a properly made 6 submission for the application; or 7 (ii) is in response to an information request. 8 (2) The IDAS process stops on the day the notice of the change is 9 received by the assessment manager and starts again from the 10 start of the acknowledgement period. 11 (3) Subsection (4) applies to a changed application if-- 12 (a) the IDAS process has stopped under subsection (2) for 13 the application; and 14 (b) the notification stage applied to the original application; 15 and 16 (c) the change was made during the notification stage or 17 after the notification stage ended. 18 (4) The notification stage must be repeated unless the assessment 19 manager is satisfied the change would not be likely to attract a 20 submission objecting to the thing comprising the change, if 21 the notification stage were to apply to the change. 22 Division 4 Withdrawing applications 23 356 Withdrawing an application 24 (1) At any time before the application is decided, the applicant 25 may withdraw the application by giving written notice of the 26 withdrawal to-- 27 (a) the assessment manager; and 28 (b) any referral agency. 29 Page 255

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 7 Missed referral agencies [s 357] (2) If within 1 year of withdrawing the application, the applicant 1 makes a later application that is not substantially different 2 from the withdrawn application, any properly made 3 submission about the withdrawn application is taken to be a 4 properly made submission about the later application. 5 Part 7 Missed referral agencies 6 357 Notice of missed referral agency 7 (1) This section applies if an applicant has not referred an 8 application to a referral agency (the missed referral agency) 9 as required under section 272. 10 (2) A party to the application may, by written notice given to each 11 other party to the application, advise the other parties that the 12 applicant has not referred the application as required under 13 section 272. 14 (3) In this section-- 15 party, to an application, means the applicant, assessment 16 manager and each referral agency for the application. 17 358 Effect of missed referral agency on information and 18 referral stage and notification stage 19 (1) This section applies if a notice is given under section 357(2) 20 during the information and referral stage or the notification 21 stage for the application. 22 (2) Despite section 273, the application does not lapse. 23 (3) The IDAS process for the application does not stop. 24 (4) However, the decision stage for the application does not start 25 until-- 26 Page 256

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 7 Missed referral agencies [s 359] (a) the information and referral stage is carried out in 1 relation to the missed referral agency; and 2 (b) either-- 3 (i) all referral agency's responses for the application 4 have been received; or 5 (ii) all referral agency's assessment periods for the 6 application have ended; and 7 (c) the notification stage has ended. 8 (5) If the applicant gives the notice under section 357(2), the 9 applicant must comply with section 272 for the missed 10 referral agency within 10 business days after giving the 11 notice. 12 (6) If another party to the application gives the notice under 13 section 357(2), the applicant must comply with section 272 14 for the missed referral agency within 10 business days after 15 receiving the notice. 16 (7) If the notice under section 357(2) is given during the 17 notification stage for the application and the applicant has 18 started or carried out notification under section 297, 19 notification under section 297 need not be restarted or carried 20 out again for the application. 21 359 Effect of missed referral agency on decision stage 22 (1) This section applies if a notice is given under section 357(2) 23 during the decision stage for the application and before the 24 application is decided. 25 (2) Despite section 273, the application does not lapse. 26 (3) The application can not be decided until the information and 27 referral stage for the application is carried out in relation to 28 the missed referral agency. 29 (4) If the applicant gives the notice under section 357(2), the 30 applicant must comply with section 272 for the missed 31 Page 257

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 360] referral agency within 10 business days after giving the 1 notice. 2 (5) If another party to the application gives the notice under 3 section 357(2), the applicant must comply with section 272 4 for the missed referral agency within 10 business days after 5 receiving the notice. 6 (6) The applicant is not required to again carry out notification 7 under section 297 for the application, if the notification has 8 been carried out. 9 (7) The decision stage for the application starts again-- 10 (a) on the day the referral agency's response for the missed 11 referral agency is received by the assessment manager; 12 or 13 (b) if the missed referral agency does not give a referral 14 agency's response--on the day the referral agency's 15 assessment period of the missed referral agency ends. 16 Part 8 Dealing with decision notices 17 and approvals 18 Division 1 Changing decision notices and 19 approvals during applicant's appeal 20 period 21 360 Application of div 1 22 This division applies only during the applicant's appeal 23 period. 24 Page 258

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 361] 361 Applicant may make representations about decision 1 (1) The applicant may make written representations to the 2 assessment manager about-- 3 (a) a matter stated in the decision notice, other than a 4 refusal or a matter about which a concurrence agency 5 told the assessment manager under section 287(1) or 6 (5); or 7 (b) the standard conditions applying to a deemed approval. 8 (2) However, the applicant can not make representations under 9 subsection (1)(a) about a condition attached to an approval 10 under the direction of the Minister. 11 362 Assessment manager to consider representations 12 The assessment manager must consider any representations 13 made to the assessment manager under section 361. 14 363 Decision about representations 15 (1) If the assessment manager agrees with any of the 16 representations about a decision notice or a deemed approval, 17 the assessment manager must give a new decision notice (the 18 negotiated decision notice) to-- 19 (a) the applicant; and 20 (b) each principal submitter; and 21 (c) each referral agency; and 22 (d) if the assessment manager is not the local government 23 and the development is in a local government area--the 24 local government. 25 (2) Before the assessment manager agrees to a change under this 26 section, the assessment manager must consider the matters the 27 assessment manager was required to consider in assessing the 28 application, to the extent the matters are relevant. 29 (3) Only 1 negotiated decision notice may be given. 30 Page 259

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 364] (4) The negotiated decision notice-- 1 (a) must be given within 5 business days after the day the 2 assessment manager agrees with the representations; 3 and 4 (b) must comply with section 335; and 5 (c) must state the nature of the changes; and 6 (d) replaces-- 7 (i) the decision notice previously given; or 8 (ii) if a decision notice was not previously given and 9 the negotiated decision notice relates to a deemed 10 approval--the standard conditions applying to the 11 deemed approval. 12 (5) If the assessment manager does not agree with any of the 13 representations, the assessment manager must, within 5 14 business days after the day the assessment manager decides 15 not to agree with any of the representations, give written 16 notice to the applicant stating the decision about the 17 representations. 18 364 Giving new infrastructure charges notice or regulated 19 infrastructure charges notice 20 (1) This section applies if the development approved by the 21 negotiated decision notice is different from the development 22 approved in the decision notice or deemed approval in a way 23 that affects the amount of an infrastructure charge or regulated 24 infrastructure charge. 25 (2) The local government may give the applicant a new 26 infrastructure charges notice under section 633 or regulated 27 infrastructure charges notice under section 643 to replace the 28 original notice. 29 Page 260

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 365] 365 Giving new regulated State infrastructure charges notice 1 (1) This section applies if the development approved by the 2 negotiated decision notice is different from the development 3 approved in the decision notice or deemed approval in a way 4 that affects the amount of a regulated State infrastructure 5 charge. 6 (2) The relevant State infrastructure provider may give the 7 applicant a new regulated State infrastructure charges notice 8 under section 669 to replace the original notice. 9 366 Applicant may suspend applicant's appeal period 10 (1) If the applicant needs more time to make the representations, 11 the applicant may, by written notice given to the assessment 12 manager, suspend the applicant's appeal period. 13 (2) The applicant may act under subsection (1) only once. 14 (3) If the representations are not made within 20 business days 15 after the day written notice was given to the assessment 16 manager, the balance of the applicant's appeal period restarts. 17 (4) If the representations are made within 20 business days after 18 the day written notice was given to the assessment manager-- 19 (a) if the applicant gives the assessment manager a notice 20 withdrawing the notice under subsection (1)--the 21 balance of the applicant's appeal period restarts the day 22 after the assessment manager receives the notice of 23 withdrawal; or 24 (b) if the assessment manager gives the applicant a notice 25 under section 363(5)--the balance of the applicant's 26 appeal period restarts the day after the applicant receives 27 the notice; or 28 (c) if the assessment manager gives the applicant a 29 negotiated decision notice--the applicant's appeal 30 period starts again the day after the applicant receives 31 the negotiated decision notice. 32 Page 261

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 367] Division 2 Changing approvals--request for 1 change after applicant's appeal 2 period ends 3 Subdivision 1 Preliminary 4 367 What is a permissible change for a development approval 5 (1) A permissible change, for a development approval, is a 6 change to the approval that would not-- 7 (a) result in a substantially different development; or 8 (b) if the application for the approval were remade 9 including the change-- 10 (i) require referral to additional concurrence agencies; 11 or 12 (ii) for an approval for assessable development that 13 previously did not require impact 14 assessment--require impact assessment; or 15 (c) for an approval for assessable development that 16 previously required impact assessment--be likely, in the 17 responsible entity's opinion, to cause a person to make a 18 properly made submission objecting to the proposed 19 change, if the circumstances allowed; or 20 (d) cause development to which the approval relates to 21 include any prohibited development. 22 (2) For deciding whether a change is a permissible change under 23 subsection (1)(b) or (d), the planning instruments or law in 24 force at the time the request for the change was made apply 25 (the applicable law). 26 (3) Application of the applicable law does not stop a change 27 mentioned in subsection (1)(b) from being a permissible 28 change only because the applicable law, if applied to the 29 Page 262

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 368] application as originally made, would require referral to any 1 additional referral agencies or involve impact assessment. 2 368 Notice about proposed change before request is made 3 (1) This section applies if a person proposes to make a request 4 under section 369 to change a development approval. 5 (2) Before making the request, the person may advise any 6 relevant entity about the person's intention to make the 7 request and the details of the proposed change. 8 (3) The relevant entity may give the person a written notice (a 9 pre-request response notice) stating whether or not the entity 10 objects to the proposed change. 11 (4) In this section-- 12 relevant entity means an entity to whom the person would, 13 under section 372, be required to give a copy of the request if 14 it were made. 15 Subdivision 2 Procedure for changing approvals 16 369 Request to change development approval 17 (1) If a person wants to make a permissible change to a 18 development approval, the person must by written notice ask 19 the following entity (the responsible entity) stated for the 20 change or approval to make the change-- 21 (a) if the change is to a condition imposed by the Minister 22 under part 11, division 1--the Minister; 23 (b) if the approval was given by the Minister under part 11, 24 division 2--the Minister; 25 (c) if the change is to a condition of the approval imposed 26 by a concurrence agency--the concurrence agency; 27 (d) if the approval was given by the court--the court; 28 Page 263

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 370] (e) for another change or approval--the assessment 1 manager for the application to which the approval 2 relates. 3 (2) If a request is made to the Minister under subsection (1)(b) 4 and the Minister is satisfied the change does not affect a State 5 interest, the Minister may refer the request to the original 6 assessment manager. 7 (3) If the Minister refers the request to the original assessment 8 manager, the original assessment manager is taken to be the 9 responsible entity for the development approval. 10 (4) If the development approval is for building work or 11 operational work for the supply of community infrastructure 12 on land designated for the community infrastructure, a request 13 under subsection (1) may be made only by the person who 14 intends to supply, or is supplying, the infrastructure. 15 370 Notice of request 16 (1) If the responsible entity has a form for the request under 17 section 369, the request must be in the form. 18 (2) Also, the request must be accompanied by-- 19 (a) the fee for the request-- 20 (i) if the responsible entity is a local 21 government--fixed by a resolution of the local 22 government; or 23 (ii) if the responsible entity is another public sector 24 entity or the Minister--prescribed under a 25 regulation under this or another Act; and 26 (b) a copy of any pre-request response notice relevant to the 27 request; and 28 (c) evidence to show the person making the request has 29 complied with section 372. 30 (3) Subsection (4) applies if an application for the development 31 approval were made at the time the request is made and 32 Page 264

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 371] evidence under section 264(1) would be required to support 1 the application. 2 (4) The request must also be accompanied by the written 3 agreement of the chief executive from whom evidence would 4 need to be obtained under section 264(1). 5 (5) The request may be accompanied by other information the 6 person making the request considers relevant. 7 371 When owner's consent required for request 8 If the person making the request is not the owner of the land to 9 which the development approval attaches, the request must be 10 accompanied by the owner's consent unless-- 11 (a) the approval relates to land that was acquisition land to 12 which section 263(2)(d) applied when the application 13 for the approval was made; or 14 (b) the approval is for building work or operational work for 15 the supply of community infrastructure on land 16 designated for the community infrastructure; or 17 (c) the consent of the owner would not be required under 18 section 263(1) if a development application were made 19 for the requested change; or 20 (d) the responsible entity is satisfied that-- 21 (i) having regard to the nature of the proposed change, 22 the owner has unreasonably withheld consent; and 23 (ii) the requested change does not materially affect the 24 owner's land; or 25 (e) the responsible entity is satisfied that-- 26 (i) because of the number of owners of the land, it is 27 not practicable to obtain the owners' consent; and 28 (ii) the requested change does not materially affect the 29 owners' land. 30 Page 265

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 372] Example for paragraph (e)(i)-- 1 It may not be practicable to obtain the consent of all the 2 owners of land if the land was subdivided, after the 3 development approval was given, and is subsequently 4 owned by multiple persons. 5 372 Copy of request to be given to particular entities 6 (1) When the person makes the request, the person must give a 7 copy of the request to the following-- 8 (a) if the responsible entity is a concurrence agency--the 9 assessment manager for the application to which the 10 development approval applies (the original 11 application); 12 (b) if the responsible entity is the Minister or the court--the 13 assessment manager and any concurrence agencies for 14 the original application; 15 (c) if the responsible entity is the assessment manager--any 16 concurrence agencies for the original application; 17 (d) another entity prescribed under a regulation. 18 (2) Despite subsection (1), the person need not give a copy of the 19 request to an entity that has given the person a pre-request 20 response notice for the request. 21 Subdivision 3 Assessing and deciding request for 22 change 23 373 Particular entities to assess request for change 24 (1) An entity given a copy of the request under section 372 must, 25 within 20 business days after receiving the request, give the 26 responsible entity a written notice advising-- 27 (a) it has no objection to the change being made; or 28 Page 266

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 374] (b) it objects to the change being made and the reasons for 1 the objection. 2 (2) If the entity (the relevant entity) does not give a written notice 3 within 20 business days after receiving the copy of the 4 request, the responsible entity must decide the request as if the 5 relevant entity had no objection to the request. 6 374 Responsible entity to assess request 7 (1) To the extent relevant, the responsible entity must assess the 8 request having regard to-- 9 (a) the information the person making the request included 10 with the request; and 11 (b) the matters the responsible entity would have regard to if 12 the request were a development application; and 13 (c) if submissions were made about the original 14 application--the submissions; and 15 (d) any notice about the request given under section 373 to 16 the entity; and 17 (e) any pre-request response notice about the request given 18 to the entity. 19 (2) For subsection (1)(b), the responsible entity must have regard 20 to the planning instruments, plans, codes, laws or policies 21 applying when the original application was made, but may 22 give the weight it considers appropriate to the planning 23 instruments, plans, codes, laws or policies applying when the 24 request was made. 25 375 Responsible entity to decide request 26 (1) After assessing the request under section 374, the responsible 27 entity must decide to-- 28 (a) approve the request, with or without conditions; or 29 (b) refuse the request. 30 Page 267

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 376] (2) A condition imposed under subsection (1)(a) must-- 1 (a) be relevant to the proposed change; and 2 (b) comply with section 345. 3 (3) If no other entity is required to be given a copy of the request 4 under section 372, the responsible entity must decide the 5 request within 30 business days after receiving the request. 6 (4) If another entity is required to be given a copy of the request 7 under section 372, the responsible entity-- 8 (a) must not decide the request until the first of the 9 following happens-- 10 (i) a written notice has been received under section 11 373 from each entity given a copy of the request; 12 (ii) the period of 25 business days after the responsible 13 entity received the request ends; but 14 (b) must decide the request within 30 business days after 15 receiving the request. 16 (5) However, the responsible entity and the person making the 17 request may agree to extend the period within which the entity 18 must decide the request by not more the 20 business days. 19 (6) Subsections (3) to (5) do not apply if the responsible entity is 20 the court. 21 376 Notice of decision 22 (1) The responsible entity must give written notice of the decision 23 to each of the following-- 24 (a) the person who made the request; 25 (b) if the responsible entity is not the assessment 26 manager--the assessment manager; 27 (c) any referral agency for the original application; 28 (d) if the responsible entity is not a local government and 29 the development approval relates to land in a local 30 Page 268

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 376] government area--the local government whose local 1 government area includes the land; 2 (e) if the request relates to a development approval given by 3 the Minister under part 11, division 2 and the Minister 4 referred the request to the original assessment 5 manager--the Minister. 6 (2) The notice must-- 7 (a) state all of the following-- 8 (i) the day the request was made; 9 (ii) the day the development approval for the original 10 application was decided; 11 (iii) the decision; 12 (iv) if the request was refused--the reasons for the 13 decision; and 14 (b) if the request was approved--be accompanied by a copy 15 of the decision notice, if any, for the original application 16 showing the changes. 17 (3) Subsection (4) applies if-- 18 (a) the responsible entity is the assessment manager for the 19 application to which the approval relates; and 20 (b) the decision is to refuse the request or approve the 21 request on conditions. 22 (4) If the notice is given to the person who made the request or an 23 entity that gave the responsible entity a notice under section 24 373 or a pre-request response notice, the notice also must 25 state-- 26 (a) that the person or entity may appeal against the 27 decision; and 28 (b) how the person or entity may appeal. 29 (5) Subsection (6) applies if-- 30 (a) the responsible entity is a concurrence agency; and 31 Page 269

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 377] (b) the decision is to refuse the request or approve the 1 request on conditions. 2 (6) If the notice is given to the person who made the request, the 3 notice also must state-- 4 (a) that the person may appeal against the decision; and 5 (b) how the person may appeal. 6 377 When decision has effect 7 If the decision is to approve the request for a permissible 8 change, the decision takes effect-- 9 (a) on the day the notice mentioned in section 376(1) is 10 given to the person who made the request; or 11 (b) if a person has appealed against the decision--on the 12 day the appeal is finally decided or withdrawn. 13 Division 3 Changing or cancelling particular 14 conditions--other than on request 15 378 When condition may be changed or cancelled by 16 assessment manager or concurrence agency 17 (1) This section applies for a development condition under 18 another Act if, under the other Act, `development condition' 19 is defined with reference to a development approval. 20 (2) However, if under the other Act an entity is authorised to 21 change or cancel conditions of a development approval in a 22 different way, the other Act prevails to the extent of any 23 inconsistency with this section. 24 (3) The development condition may be changed or cancelled 25 by-- 26 (a) if the condition was imposed as a concurrence agency 27 condition--the entity that was the concurrence agency; 28 or 29 Page 270

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 378] (b) if the condition was imposed by an assessment 1 manager--the entity that was the assessment manager; 2 or 3 (c) if paragraph (a) or (b) does not apply--the entity that 4 has jurisdiction for the condition. 5 (4) However, the condition may be changed or cancelled only on 6 a ground mentioned in the other Act. 7 Note-- 8 See, for example, the Environmental Protection Act, section 73C. 9 (5) The change or cancellation may be made without the consent 10 of the owner of the land to which the approval attaches and 11 any occupier of the land. 12 (6) Section 345 applies to the changed condition. 13 (7) If the entity is satisfied it is necessary to change or cancel the 14 condition, the entity must give written notice to the owner of 15 the land to which the approval attaches and any occupier of 16 the land. 17 (8) The notice must-- 18 (a) state the following-- 19 (i) the proposed change or cancellation and the 20 reasons for the change or cancellation; 21 (ii) that each person to whom the notice is given may 22 make a written submission to the entity about the 23 proposed change or cancellation; 24 (iii) the period, which must be at least 15 business days 25 after the notice is given to the holder, within which 26 the submission may be made; and 27 (b) be accompanied by a copy of the decision notice, if any, 28 for the original application showing the changes. 29 (9) After considering any submissions, the entity must give to 30 each person to whom the notice was given-- 31 Page 271

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 379] (a) if the entity is not satisfied the change or cancellation is 1 necessary--written notice stating it has decided not to 2 change or cancel the condition; or 3 (b) if the entity is satisfied the change or cancellation is 4 necessary--written notice stating it has decided to 5 change or cancel the condition, and include details of 6 the changed conditions or cancellation. 7 (10) If the entity was a concurrence agency, the entity must also 8 give the entity that was the assessment manager written notice 9 of the change or cancellation. 10 (11) The changed condition or cancellation takes effect from the 11 day the notice is given to the owner of the land. 12 Division 4 Cancelling approvals 13 379 Request to cancel development approval 14 (1) The owner of the land the subject of an application, or another 15 person with the owner's consent, may by written notice ask 16 the assessment manager to cancel the development approval. 17 (2) The request must be accompanied by the fee for the request-- 18 (a) if the assessment manager is a local government--fixed 19 by a resolution of the local government; or 20 (b) if the assessment manager is another public sector 21 entity--prescribed under a regulation under any Act. 22 (3) Subsection (1) applies to an owner of land designated for 23 community infrastructure only if the owner is the entity who 24 intends, or intended, to supply the infrastructure. 25 380 Restriction on making request 26 (1) Cancellation can not be requested under section 379(1) if 27 development under the development approval has started. 28 Page 272

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 381] (2) Also, cancellation can not be requested under section 379(1) 1 unless written consent to the cancellation is given by-- 2 (a) if there is a written arrangement between the owner and 3 another person under which the other person proposes to 4 buy the land--the person proposing to buy the land; or 5 (b) if the application is for land the subject of a public 6 utility easement--the entity in whose favour the 7 easement is given; or 8 (c) if an application for the approval were made at the time 9 the request is made and evidence under section 264(1) 10 would be required to support the application--the chief 11 executive from whom evidence would need to be 12 obtained under that section. 13 381 Assessment manager to cancel approval 14 After receiving the request under section 379, the assessment 15 manager must-- 16 (a) cancel the approval; and 17 (b) give notice of the cancellation to the person who applied 18 for the cancellation and to each concurrence agency. 19 382 Release of monetary security 20 If a monetary security has been given in relation to the 21 approval, the security must be released if the approval is 22 cancelled. 23 Division 5 Extending period of approvals 24 383 Request to extend period in s 341 25 (1) If, before a development approval lapses under section 341, a 26 person wants to extend a period mentioned in that section, the 27 person must, by written notice-- 28 Page 273

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 383] (a) advise each entity that was a concurrence agency that 1 the person is asking for an extension of the period; and 2 (b) ask the assessment manager to extend the period. 3 (2) The notices must be given at about the same time. 4 (3) The notice to the assessment manager must-- 5 (a) if the assessment manager has a form for the 6 request--be in the form; and 7 (b) include a copy of each notice given under subsection 8 (1)(a); and 9 (c) be accompanied by the fee-- 10 (i) if the assessment manager is a local 11 government--fixed by a resolution of the local 12 government; or 13 (ii) if the assessment manager is another public sector 14 entity--prescribed under a regulation under any 15 Act; and 16 (d) if the person making the request is not the owner of the 17 land to which the approval attaches--be accompanied 18 by the owner's consent if, under section 263(1), the 19 written consent of the owner of the land the subject of 20 the application for the approval was required for the 21 making of the application; and 22 (e) if an application for the approval were made at the time 23 the request is made and evidence under section 264(1) 24 would be required to support the application, be 25 accompanied by-- 26 (i) the written agreement of the chief executive from 27 whom evidence would need to be obtained under 28 section 264(1); or 29 (ii) evidence showing that the person has asked the 30 chief executive mentioned in subparagraph (i) for 31 the chief executive's written agreement to the 32 extension. 33 Page 274

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 384] (4) Despite subsection (3)(d), the notice to the assessment 1 manager need not be accompanied by the owner's consent if 2 the assessment manager is satisfied that-- 3 (a) having regard to the nature of the request, the owner has 4 unreasonably withheld consent; or 5 (b) because of the number of owners of the land, it is not 6 practicable to obtain the owners' consent. 7 Example for subsection (4)(b)-- 8 It may not be practicable to obtain the consent of all the owners 9 of land if the land was subdivided, after the development 10 approval was given, and is subsequently owned by multiple 11 persons. 12 384 Request can not be withdrawn 13 A request under this division may not be withdrawn. 14 385 Concurrence agency may advise assessment manager 15 about request 16 A concurrence agency given a notice under section 383(1)(a) 17 may give the assessment manager a written notice-- 18 (a) stating it has no objection to the extension being 19 approved; or 20 (b) stating it objects to the extension being approved and 21 giving reasons for the objection. 22 386 Deciding particular requests 23 (1) This section applies if the request for the extension was 24 accompanied by evidence showing that the person asked a 25 chief executive for the chief executive's written agreement to 26 the extension. 27 (2) The assessment manager must refuse the request if the chief 28 executive gives the assessment manager written notice that the 29 chief executive does not agree to the extension. 30 Page 275

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 387] (3) If the chief executive agrees to the extension, the assessment 1 manager must decide the request within 30 business days after 2 receiving the written agreement. 3 (4) Subsection (3) applies despite section 387(1). 4 387 Assessment manager to decide request 5 (1) The assessment manager must approve or refuse the extension 6 within 30 business days after receiving the request. 7 (2) If there was a concurrence agency, the assessment manager 8 must not approve or refuse the extension until at least 20 9 business days after receiving the request. 10 (3) The assessment manager and the person making the request 11 may agree to extend the period within which the assessment 12 manager must decide the request. 13 (4) The assessment manager may decide the request even if the 14 development approval was granted by the court. 15 388 Deciding request 16 (1) In deciding a request under section 383, the assessment 17 manager must only have regard to-- 18 (a) the consistency of the approval, including its conditions, 19 with the current laws and policies applying to the 20 development, including, for example, the amount and 21 type of infrastructure contributions, or infrastructure 22 charges payable under an infrastructure charges 23 schedule; and 24 (b) the community's current awareness of the development 25 approval; and 26 (c) whether, if the request were refused-- 27 (i) further rights to make a submission may be 28 available for a further development application; 29 and 30 Page 276

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 8 Dealing with decision notices and approvals [s 389] (ii) the likely extent to which those rights may be 1 exercised; and 2 (d) the views of any concurrence agency for the approval 3 given under section 385. 4 (2) If the assessment manager does not receive a notice under 5 section 385 from a concurrence agency within 20 business 6 days after the day the request was received by the assessment 7 manager, the assessment manager must decide the request as 8 if the concurrence agency had no objection to the request. 9 (3) Despite subsection (2), if the development approval is subject 10 to a concurrence agency condition about the period mentioned 11 in section 341, the assessment manager must not approve the 12 request unless the concurrence agency advises it has no 13 objection to the extension being approved. 14 (4) If the assessment manager receives a notice under section 385 15 from a concurrence agency within 20 business days after the 16 day the request was received by the assessment manager, the 17 assessment manager must have regard to the notice when 18 deciding the request. 19 389 Assessment manager to give notice of decision 20 After deciding the request, the assessment manager must give 21 written notice of the decision to the person asking for the 22 extension and any concurrence agency that gave the 23 assessment manager a notice under section 385. 24 390 Approval does not lapse until request is decided 25 Despite section 341, the development approval does not lapse 26 until the assessment manager decides the request. 27 Page 277

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 9 Applying IDAS to mobile and temporary environmentally relevant activities [s 391] Division 6 Recording approvals on planning 1 scheme 2 391 Particular approvals to be recorded on planning scheme 3 (1) This section applies if a local government-- 4 (a) gives a development approval, other than a deemed 5 approval, and is satisfied the approval conflicts with the 6 planning scheme; or 7 (b) gives a development approval mentioned in section 242; 8 or 9 (c) decides to agree or is taken to have decided to agree 10 under chapter 3, part 2, division 5 to a request for a 11 superseded planning scheme to apply for particular 12 development. 13 (2) The local government must-- 14 (a) note the approval or decision on its planning scheme; 15 and 16 (b) give the chief executive written notice of the notation 17 and the land to which the note relates. 18 (3) The note is not an amendment of the planning scheme. 19 (4) Failure to comply with subsection (2) does not affect the 20 validity of the approval or decision. 21 Part 9 Applying IDAS to mobile and 22 temporary environmentally 23 relevant activities 24 392 Mobile and temporary environmentally relevant activities 25 (1) For administering IDAS under the Environmental Protection 26 Page 278

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 393] Act, carrying out a mobile and temporary environmentally 1 relevant activity is taken to be development. 2 (2) For applying IDAS to a mobile and temporary 3 environmentally relevant activity that is prescribed as 4 assessable development under section 232(1), the following 5 changes to IDAS apply-- 6 (a) section 263 does not apply; 7 (b) a description of the land is not a mandatory part of the 8 approved form; 9 (c) the development approval does not attach to land; 10 (d) the development approval applies for the activity 11 wherever it is carried out; 12 (e) the development approval applies to and binds any 13 person carrying out the activity under the approval; 14 (f) written consent of the person (the applicant) who 15 applied for the development approval is required for any 16 one who carries out the activity the subject of the 17 approval who is not an agent or employee of the 18 applicant. 19 Part 10 Compliance stage 20 Division 1 Preliminary 21 393 Purpose of compliance stage 22 The compliance stage allows for development, or a document 23 or work relating to development, to be assessed for 24 compliance with-- 25 (a) a matter or thing prescribed under a regulation; or 26 Page 279

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 394] (b) a planning instrument; or 1 (c) a master plan; or 2 (d) a preliminary approval to which section 242 applies; or 3 (e) a condition of a development approval. 4 394 Compliance permit 5 A compliance permit authorises development requiring 6 compliance assessment to take place-- 7 (a) to the extent stated in the permit; and 8 (b) subject to the conditions in the permit. 9 395 Compliance certificate 10 A compliance certificate approves documents or works 11 requiring compliance assessment-- 12 (a) to the extent stated in the certificate; and 13 (b) subject to the conditions in the certificate. 14 396 What does compliance stage apply to 15 The compliance stage applies to-- 16 (a) development that under section 232(1) requires 17 compliance assessment; or 18 (b) a document or work relating to development that, under 19 section 397, requires compliance assessment. 20 397 Nominating a document or work for compliance 21 assessment--generally 22 (1) A regulation may declare that a document or work is a 23 document or work requiring compliance assessment. 24 Page 280

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 398] Note-- 1 Under section 232(1), a regulation may prescribe that development is 2 development requiring compliance assessment. 3 (2) Any of the following also may state that a document or work 4 is a document or work requiring compliance assessment-- 5 (a) a State planning regulatory provision; 6 (b) a structure plan; 7 (c) a master plan; 8 (d) a preliminary approval to which section 242 applies; 9 (e) a temporary local planning instrument; 10 (f) a planning scheme. 11 (3) A regulation under subsection (1), or a regulation under 12 section 232(1) prescribing development requiring compliance 13 assessment, or an instrument mentioned in subsection (2) 14 must state-- 15 (a) the matters or things against which the development, 16 document or work must be assessed; and 17 (b) the entity to whom a request for compliance assessment 18 under this part must be made (the compliance assessor). 19 (4) The regulation or other instrument also may state, for 20 documents or work, when the request for compliance 21 assessment must be made. 22 (5) An instrument mentioned in subsection (2)(b), (c), (d), (e) or 23 (f) is a relevant instrument. 24 398 Nominating document or work for compliance 25 assessment--condition of development approval 26 (1) A condition of a development approval may state that a 27 document or work is a document or work requiring 28 compliance assessment. 29 (2) The condition must state-- 30 Page 281

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 399] (a) the matters or things against which the document or 1 work must be assessed; and 2 (b) the entity to whom a request for compliance assessment 3 under this part must be made (the compliance assessor); 4 and 5 (c) when the request for compliance assessment under this 6 part must be made. 7 (3) However, the condition may only require the document or 8 work to be assessed for compliance with any of the 9 following-- 10 (a) a matter or thing prescribed under a regulation; 11 (b) a State planning regulatory provision or part of a State 12 planning regulatory provision; 13 (c) a State planning policy or part of a State planning 14 policy; 15 (d) a planning scheme or part of a planning scheme; 16 (e) a temporary local planning instrument or part of a 17 temporary local planning instrument; 18 (f) if the development approval relates to an application 19 made under a preliminary approval to which section 242 20 applies--a matter or thing stated in the preliminary 21 approval; 22 (g) if the development approval relates to an application for 23 development in a declared master planned area--a 24 matter or thing stated in a structure plan or master plan 25 for the area. 26 399 Who may carry out compliance assessment 27 (1) Compliance assessment of development, a document or work 28 must be carried out by-- 29 (a) a local government; or 30 (b) a nominated entity of a local government; or 31 Page 282

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 400] (c) a public sector entity. 1 (2) A nominated entity of a local government may carry out 2 compliance assessment under this part for development, a 3 document or work only if, under a relevant instrument or a 4 condition of a development approval imposed by a local 5 government as assessment manager, a nominated entity may 6 be the compliance assessor for the development, document or 7 work. 8 (3) In this section-- 9 nominated entity, of a local government, means a suitably 10 qualified entity that, by resolution of the local government, is 11 nominated to carry out compliance assessment for the local 12 government. 13 400 When compliance stage starts 14 The compliance stage starts on the day a request for 15 compliance assessment is given to the compliance assessor 16 under section 401. 17 Division 2 Compliance assessment 18 Subdivision 1 Request for compliance 19 assessment 20 401 Request for compliance assessment 21 A request for compliance assessment of development, a 22 document or work must-- 23 (a) be given to the compliance assessor for the 24 development, document or work; and 25 (b) be in the approved form; and 26 (c) be accompanied by-- 27 Page 283

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 402] (i) if the compliance assessor is a local 1 government--the fee fixed by resolution of the 2 local government; or 3 (ii) if the compliance assessor is a public sector 4 entity--the fee prescribed under a regulation under 5 this or another Act; or 6 (iii) if the compliance assessor is a nominated entity of 7 a local government--the fee agreed between the 8 person making the request and the nominated 9 entity; and 10 (d) for work yet to be completed--be supported by any 11 document, relevant to the work, that is subject to 12 compliance assessment. 13 Subdivision 2 Referring request to local 14 government 15 402 Aspects of development requiring compliance 16 assessment to be referred to local government 17 (1) This section applies if-- 18 (a) the compliance assessor for development requiring 19 compliance assessment is a nominated entity of a local 20 government; and 21 (b) under a relevant instrument an aspect of the 22 development must be referred to the local government. 23 (2) The nominated entity must give the local government a copy 24 of the request for compliance assessment. 25 (3) The local government's jurisdiction is limited to assessing the 26 aspect of development referred to the local government. 27 (4) The local government must assess the aspect of development 28 against the matters or things mentioned in section 403 that are 29 relevant to the aspect. 30 Page 284

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 402] (5) The local government must, within 10 business days after 1 receiving the copy of the request-- 2 (a) assess the aspect of development referred to the local 3 government; and 4 (b) give the compliance assessor written notice of its 5 response. 6 (6) The local government's response may, within the limits of its 7 jurisdiction, tell the compliance assessor-- 8 (a) the conditions that must attach to the compliance 9 permit; or 10 (b) that the local government is satisfied the development 11 does not achieve compliance; or 12 (c) that it has no requirements relating to the request. 13 (7) If the local government is satisfied the development does not 14 achieve compliance, the local government's response must 15 include-- 16 (a) the reasons the local government is satisfied the 17 development does not achieve compliance; and 18 (b) the action required for the development to comply. 19 (8) If the local government does not give the compliance assessor 20 written notice of its response within 10 business days after 21 receiving the copy of the request, the local government is 22 taken to have no requirements relating to the request. 23 (9) For assessing the aspect of development referred to the local 24 government, the local government may charge the applicant 25 the fee fixed by resolution of the local government. 26 Page 285

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 403] Subdivision 3 Compliance assessor to assess and 1 decide request 2 403 Assessment of request 3 The compliance assessor must assess the development, 4 document or work only against the matters or things against 5 which the development, document or work must be assessed 6 under the regulation, State planning regulatory provision, 7 relevant instrument or condition requiring the compliance 8 assessment. 9 404 Assessment of request under superseded planning 10 scheme 11 (1) If, under chapter 3, part 2, division 5, a local government has 12 agreed or is taken to have agreed to assess a request for 13 compliance assessment under a superseded planning scheme, 14 the compliance assessor must assess and decide the request as 15 if-- 16 (a) the request were a request to which the superseded 17 planning scheme applied; and 18 (b) the existing planning scheme was not in force; and 19 (c) for chapter 8, part 1, the infrastructure provisions of the 20 existing planning scheme applied. 21 (2) This section applies despite sections 81, 120 and 121. 22 405 Deciding request 23 (1) Subsections (2) and (3) apply if the compliance assessor is 24 satisfied the development, document or work achieves 25 compliance, or would achieve compliance if particular 26 conditions were complied with. 27 (2) The compliance assessor must approve the request, unless a 28 local government has, under section 402, told the compliance 29 Page 286

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 405] assessor that it considers the development does not achieve 1 compliance. 2 (3) The request may be approved with or without conditions. 3 (4) Subsection (5) applies if-- 4 (a) the compliance assessor is satisfied the development, 5 document or work does not achieve compliance; or 6 (b) a local government has, under section 402, told the 7 compliance assessor that it considers the development 8 does not achieve compliance. 9 (5) The compliance assessor must give the person making the 10 request written notice (an action notice) stating-- 11 (a) the day the notice is given; and 12 (b) the reasons the development, document or work does 13 not achieve compliance; and 14 (c) the action required for the development, document or 15 work to comply; and 16 (d) the reasonable period within which the person may 17 again make a request for compliance assessment of the 18 development, document or work after taking the action; 19 and 20 (e) that the person may make written representations to the 21 compliance assessor about the matters mentioned in 22 paragraph (b), (c) or (d); and 23 (f) that the request may lapse under section 411 if the 24 person does not again make a request for the compliance 25 assessment within the period mentioned in paragraph 26 (d); and 27 (g) the rights of appeal of the person making the request. 28 (6) If the compliance assessor gives a person an action notice, the 29 person may, after carrying out the stated action required for 30 the development, document or work to comply, again apply 31 for compliance assessment of the development, document or 32 Page 287

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 406] work under section 401 within the period stated in the notice 1 for that purpose. 2 (7) However, sections 401(c) and 402(9) do not apply to the 3 request. 4 406 Conditions must be relevant and reasonable 5 (1) A condition imposed on development or work requiring 6 compliance assessment must-- 7 (a) be relevant to, but not an unreasonable imposition on the 8 development or work, or use of premises as a 9 consequence of the development or work; or 10 (b) be reasonably required in relation to the development or 11 work, or use of premises as a consequence of the 12 development or work. 13 (2) A condition imposed on a document requiring compliance 14 assessment must be relevant to the matters dealt with in the 15 document. 16 (3) If the compliance assessor is a public sector entity or a local 17 government, subsections (1) and (2) apply despite the laws 18 that are administered by, and the policies that are reasonably 19 identifiable as policies applied by, the compliance assessor. 20 407 Compliance assessor to give compliance permit or 21 certificate on approval of request 22 (1) If the compliance assessor approves the request, the assessor 23 must give the person making the request-- 24 (a) if the request is for compliance assessment of 25 development--a compliance permit; or 26 (b) if the request is for compliance assessment of a 27 document or work--a compliance certificate. 28 (2) The compliance permit or certificate must state the conditions, 29 if any, imposed on the permit or certificate. 30 Page 288

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 408] (3) The compliance permit must include any conditions that a 1 local government has, under section 402(6)(a), told the 2 compliance assessor to attach to the permit. 3 (4) If the compliance permit or certificate states any conditions, 4 the permit or certificate must be accompanied by a written 5 notice stating the rights of appeal of the person making the 6 request. 7 408 When notice about decision must be given 8 (1) The compliance assessor must, within the period prescribed 9 under a regulation-- 10 (a) decide the request; and 11 (b) give the person making the request-- 12 (i) a compliance permit or compliance certificate; or 13 (ii) an action notice. 14 (2) If the compliance assessor is a nominated entity of a local 15 government and a copy of the request for compliance 16 assessment is given to the local government under section 17 402, the compliance assessor must not decide the request until 18 at least 15 business days after giving the copy to the local 19 government. 20 (3) If the compliance assessor does not comply with subsection 21 (1) for a request-- 22 (a) the request is taken to have been approved by the 23 assessor without conditions; and 24 (b) the assessor must as soon as practicable give the person 25 making the request-- 26 (i) if the request is for compliance assessment of 27 development--a compliance permit; or 28 (ii) if the request is for compliance assessment of a 29 document or work--a compliance certificate. 30 Page 289

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 409] (4) If a compliance assessor, other than a local government, gives 1 a person a compliance permit or compliance certificate, the 2 compliance assessor must give a copy of the permit or 3 certificate to the local government for the area to which the 4 permit or certificate relates. 5 409 Duration and effect of compliance permit 6 (1) A compliance permit for development takes effect-- 7 (a) if the person who requested the permit does not appeal 8 the decision to the court or a building and development 9 committee--on the day the permit is given; or 10 (b) if the person who requested the permit appeals the 11 decision to the court or a building and development 12 committee, subject to sections 490(3) and 553(3) and 13 the decision of the court or committee under section 496 14 or 564--when the appeal is finally decided or 15 withdrawn. 16 (2) A compliance permit for development lapses if the 17 development is not completed within-- 18 (a) the period stated for that purpose in a condition of the 19 permit; or 20 (b) if no period is stated for that purpose in a condition of 21 the permit--the period prescribed under a regulation. 22 (3) A compliance permit attaches to the land the subject of the 23 request and binds the owner, the owner's successors in title 24 and any occupier of the land. 25 410 When development may start 26 Development requiring compliance assessment may start 27 when a compliance permit for the development takes effect. 28 Page 290

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 411] Subdivision 4 Lapsing of request 1 411 When request for compliance assessment lapses 2 (1) This section applies if a person requesting compliance 3 assessment of development, a document or work is given an 4 action notice about the request. 5 (2) If the person-- 6 (a) has not made written representations about the action 7 notice under section 412; and 8 (b) does not again apply for compliance assessment of the 9 development, document or work within the period stated 10 in the notice for that purpose; 11 the request lapses at the end of the stated period. 12 (3) If the person-- 13 (a) is given a new action notice under section 412(4) or (5) 14 for the development, document or work; and 15 (b) does not again apply for compliance assessment of the 16 development, document or work within the period stated 17 in the new notice for that purpose; 18 the request lapses at the end of the stated period. 19 (4) If the person-- 20 (a) is given a notice (the assessment notice) under section 21 412(9) for the development, document or work; and 22 (b) does not again apply for compliance assessment of the 23 development, document or work within the period stated 24 in the assessment notice for that purpose; 25 the request lapses at the end of the stated period. 26 Page 291

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 412] Division 3 Changing notices, compliance 1 permits and certificates 2 412 Changing and withdrawing action notice 3 (1) This section applies if a person is given an action notice. 4 (2) The person may, before the period mentioned in section 5 405(5)(d) and stated in the notice ends, make written 6 representations to the compliance assessor about a matter 7 mentioned in section 405(5)(b), (c) or (d) and stated in the 8 notice. 9 (3) If the compliance assessor agrees with all the written 10 representations about a matter mentioned in section 11 405(5)(b)-- 12 (a) the compliance assessor must withdraw the action 13 notice; and 14 (b) the period prescribed under section 408 for deciding the 15 request starts on the day the notice is withdrawn. 16 (4) If the compliance assessor agrees with some, but not all, of the 17 written representations about a matter mentioned in section 18 405(5)(b), the compliance assessor must give a new action 19 notice to the person. 20 (5) If the compliance assessor agrees with any written 21 representations about a matter mentioned in section 405(5)(c) 22 or (d), the compliance assessor must give a new action notice 23 to the person. 24 (6) If the compliance assessor is a nominated entity of a local 25 government and the local government's response under 26 section 402 states the development does not achieve 27 compliance, the compliance assessor must not withdraw the 28 action notice, or give a new action notice, without the written 29 agreement of the local government. 30 (7) Only 1 new action notice may be given. 31 Page 292

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 413] (8) The new action notice replaces the notice initially given under 1 section 405(5). 2 (9) If the compliance assessor does not agree with all the written 3 representations about a matter mentioned in section 405(5)(b), 4 (c) or (d), the compliance assessor must give the person a 5 written notice stating-- 6 (a) the decision about the representations; and 7 (b) the reasonable period within which the person may 8 again make a request for compliance assessment of the 9 development, document or work. 10 413 Changing compliance permit or compliance certificate 11 (1) A person may, by written notice given to the compliance 12 assessor that gave a compliance permit or compliance 13 certificate, ask the compliance assessor to change the permit 14 or certificate. 15 (2) The compliance assessor must, as soon as practicable after 16 receiving the request-- 17 (a) decide to change or refuse to change the compliance 18 permit or compliance certificate; and 19 (b) if the compliance assessor decides to change the 20 compliance permit or compliance certificate--give the 21 person a new permit or certificate showing the change; 22 and 23 (c) if the compliance assessor decides to refuse to change 24 the compliance permit or compliance certificate--give 25 the person a written notice stating-- 26 (i) the decision and the reasons for the decision; and 27 (ii) the rights of appeal for the person seeking the 28 change. 29 (3) If the compliance assessor is a nominated entity of a local 30 government and the change is to a condition of a compliance 31 permit imposed by a local government, the compliance 32 Page 293

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 10 Compliance stage [s 414] assessor must not change the condition without the written 1 agreement of the local government. 2 (4) For subsection (1), if the entity that gave the compliance 3 permit or compliance certificate was a nominated entity of a 4 local government and the entity is no longer a nominated 5 entity, the person may ask the local government to change the 6 permit or certificate. 7 414 When decision about change has effect 8 If the compliance assessor decides to change the compliance 9 permit or compliance certificate, the change takes effect-- 10 (a) on the day the new compliance permit or compliance 11 certificate is given to the person who requested the 12 change; or 13 (b) if a person has appealed against the decision--on the 14 day the appeal is finally decided or withdrawn. 15 Division 4 Other matters 16 415 Regulation may prescribe additional requirements and 17 actions 18 A regulation may prescribe-- 19 (a) requirements, for example, scale, for the document for 20 which compliance assessment is requested; or 21 (b) additional actions that may, or must, be taken by the 22 compliance assessor; or 23 (c) the form of a compliance permit or compliance 24 certificate. 25 416 Effect on deciding request if action taken under Native 26 Title Act 1993 (Cwlth) 27 (1) This section applies if a compliance assessor takes action 28 Page 294

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 417] under the Native Title Act 1993 (Cwlth), section 24HA or 1 24KA. 2 (2) If the compliance assessor takes the action before the request 3 is decided, the request can not be decided until the action is 4 completed. 5 Part 11 Ministerial IDAS powers 6 Division 1 Ministerial directions 7 417 Ministerial directions to assessment managers--future 8 applications 9 (1) The Minister may give a direction to an assessment manager 10 requiring a copy of all applications for particular development 11 or for development in a particular area to be given to the 12 Minister. 13 (2) The Minister may give the direction only in relation to 14 development or an area involving a State interest. 15 (3) The direction must be given by publishing a notice-- 16 (a) in a newspaper circulating generally in the State; and 17 (b) in the gazette. 18 (4) The notice must state-- 19 (a) details of the development or area to which the direction 20 relates; and 21 (b) the reasons for deciding to give the direction; and 22 (c) the State interest giving rise to the direction; and 23 (d) the point in the IDAS process when the copy of the 24 application must be given to the Minister; and 25 (e) the material that must be given to the Minister. 26 Page 295

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 418] (5) The Minister must give a copy of the notice to each entity the 1 Minister considers is likely to be an assessment manager or 2 referral agency for an application to which the direction 3 relates. 4 418 Ministerial directions to assessment 5 managers--particular applications 6 (1) The Minister may, by written notice, give a direction to an 7 assessment manager for an application-- 8 (a) to not decide the application until the end of the stated 9 period of not more than 20 business days after the 10 direction is given, if-- 11 (i) the assessment manager has not decided the 12 application; and 13 (ii) the development involves, or may involve, a State 14 interest; or 15 (b) to decide the application within a stated period of at 16 least 20 business days, if the assessment manager has 17 not decided the application by the end of the 18 decision-making period, including any extension of the 19 decision-making period; or 20 (c) to decide the application within the decision-making 21 period, if the development involves a State interest; or 22 (d) to decide whether to give a negotiated decision notice 23 within a stated period of at least 20 business days, if the 24 assessment manager has not made a decision on 25 representations made to the assessment manager under 26 section 361; or 27 (e) to take an action under IDAS within the reasonable 28 period stated in the direction, if the assessment manager 29 has not otherwise complied with the period for taking 30 the action; or 31 Page 296

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 418] (f) to take an action under IDAS within the reasonable 1 period stated in the direction, if the Minister is satisfied 2 the development involves a State interest. 3 (2) The notice must state-- 4 (a) the reasons for deciding to give the direction; and 5 (b) for a direction under subsection (1)(a)-- 6 (i) the State interest giving rise to the direction; and 7 (ii) that the Minister may, within the period in which 8 the assessment manager can not decide the 9 application, call in the application under division 2 10 or give a further direction; and 11 (c) for a direction under subsection (1)(c) or (f)--the State 12 interest giving rise to the direction. 13 (3) The Minister must give the applicant and any referral agencies 14 a copy of the notice. 15 (4) The assessment manager must comply with the direction. 16 (5) If the Minister gives the assessment manager a direction under 17 subsection (1)(a)-- 18 (a) the IDAS process stops on the day the direction is given 19 and starts again-- 20 (i) when the period mentioned in subsection (1)(a) 21 ends; or 22 (ii) if the Minister calls in the application under 23 division 2 or gives a new direction before the 24 period mentioned in subsection (1)(a) ends--on 25 the day the Minister calls in the application or 26 gives the new direction; and 27 Note-- 28 A notice of call in under division 2 also may affect the IDAS 29 process. 30 Page 297

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 419] (b) the Minister must not call in the application under 1 division 2 after the period mentioned in subsection 2 (1)(a) ends. 3 419 Ministerial directions to assessment 4 managers--conditions 5 (1) The Minister may, by written notice, give a direction to an 6 assessment manager for an application to attach to any 7 development approval the conditions stated in the notice if-- 8 (a) the assessment manager has not decided the application, 9 or a deemed approval for the application has not taken 10 effect under section 339; and 11 (b) the development involves a State interest; and 12 (c) the matter the subject of the direction is not within the 13 jurisdiction of a concurrence agency for the application. 14 (2) The notice must state-- 15 (a) the reasons for deciding to give the direction; and 16 (b) the State interest giving rise to the direction. 17 (3) The Minister must give the applicant and any referral agencies 18 a copy of the notice. 19 (4) The assessment manager must comply with the direction. 20 420 Ministerial directions to concurrence agencies 21 (1) The Minister may, by written notice, give a direction to a 22 concurrence agency for an application-- 23 (a) if the Minister is satisfied there are inconsistencies 24 between 2 or more concurrence agency's responses--to 25 reissue the concurrence agency's response to address the 26 inconsistency; or 27 (b) if the Minister is satisfied the concurrence agency's 28 response contains a condition that does not comply with 29 section 345 or 347--to reissue the concurrence agency's 30 Page 298

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 420] response without the condition or with a modified 1 condition; or 2 (c) if the Minister is satisfied the concurrence agency's 3 response is not within the limits of its jurisdiction--to 4 reissue the concurrence agency's response in a stated 5 way to ensure the concurrence agency's response is 6 within the limits of its jurisdiction; or 7 (d) if the Minister is satisfied the concurrence agency has 8 not assessed an application under the Act--to reissue 9 the concurrence agency's response in a stated way to 10 ensure the concurrence agency has assessed the 11 application under the Act; or 12 (e) if the Minister is satisfied the concurrence agency has 13 not complied with the reasonable period for taking an 14 action under IDAS--to take the action within the 15 reasonable period stated in the direction; or 16 (f) if the Minister is satisfied the development involves a 17 State interest--to take an action under IDAS within the 18 reasonable period stated in the direction. 19 (2) The notice must state the reasons for deciding to give the 20 direction. 21 (3) The Minister must give the assessment manager, the applicant 22 and any other referral agency a copy of the notice. 23 (4) The concurrence agency must comply with the direction. 24 (5) The Minister may give a direction under this section even if 25 the referral agency's assessment period for the concurrence 26 agency has ended. 27 (6) If the Minister gives a direction under this section, the 28 assessment manager can not decide the application until the 29 concurrence agency's response is reissued or the action is 30 taken. 31 Page 299

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 421] Note-- 1 If the Minister gives a direction under this section, the concurrence 2 agency may give or amend its response after the end of the assessment 3 period for the application. See section 290(1). 4 421 Ministerial directions to applicants 5 (1) The Minister may, by written notice, give a direction to an 6 applicant who has not complied with a stage of IDAS, or an 7 aspect of a stage of IDAS, to take stated action relating to the 8 stage or aspect to ensure compliance with IDAS. 9 (2) The notice must state-- 10 (a) the reasons for deciding to give the direction; and 11 (b) the reasonable period within which the action must be 12 taken. 13 (3) The notice may also state the point in the IDAS process from 14 which the process must restart. 15 (4) The Minister must give the assessment manager and the 16 referral agencies a copy of the notice. 17 (5) The applicant must comply with the direction. 18 (6) If the direction states the point in the IDAS process from 19 which the process must restart and the applicant complies 20 with the direction, the process must, for the application, 21 restart at that point. 22 422 Report about decision 23 (1) If the Minister gives a direction under section 419, the 24 Minister must, after giving the direction, prepare a report 25 about the Minister's decision. 26 (2) Without limiting subsection (1), the Minister must include the 27 following in the report-- 28 (a) a copy of the application; 29 (b) a copy of the notice given under section 419; 30 Page 300

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 423] (c) the Minister's reasons for the decision. 1 (3) The Minister must cause a copy of the report to be tabled in 2 the Legislative Assembly within 14 sitting days after the 3 Minister's decision is made. 4 Division 2 Ministerial call in powers 5 423 Definitions for div 2 6 In this division-- 7 assessment and decision provisions means sections 313, 314, 8 316, 326 and 329. 9 Minister includes the Minister administering the State 10 Development and Public Works Organisation Act 1971. 11 424 When a development application may be called in 12 The Minister may, under this division, call in an application-- 13 (a) only if the development involves a State interest; and 14 (b) at any time after the application is made until the latest 15 of the following-- 16 (i) 15 business days after the day the chief executive 17 receives notice of an appeal about the application; 18 (ii) if there are any submitters for the application--50 19 business days after the day the decision notice or 20 negotiated decision notice is given to the applicant; 21 (iii) if there are no submitters for the application and a 22 decision notice or negotiated decision notice is 23 given--25 business days after the day the decision 24 notice or negotiated decision notice is given to the 25 applicant; 26 (iv) if the application is taken to have been approved 27 under section 331 and a decision notice or 28 Page 301

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 425] negotiated decision notice is not given--25 1 business days after the day the decision notice was 2 required to be given to the applicant. 3 425 Notice of call in 4 (1) The Minister may, by written notice given to the assessment 5 manager, call in the application. 6 (2) The notice must state-- 7 (a) the reasons for calling in the application; and 8 (b) whether the Minister intends to assess and decide, or 9 reassess and re-decide, the application having regard 10 only to the State interest for which the application was 11 called in; and 12 (c) if the Minister intends to assess and decide, or reassess 13 and re-decide, the application having regard only to the 14 State interest--that the assessment and decision 15 provisions do not apply to the Minister's assessment of, 16 and decision on, the application; and 17 (d) if the application is called in after the assessment 18 manager makes a decision on the application--the point 19 in the IDAS process from which the process must 20 restart. 21 (3) If the application is called in before the assessment manager 22 makes a decision on the application, the Minister may, in the 23 notice, direct the assessment manager-- 24 (a) to assess, or continue to assess, the application; and 25 (b) to refer the application to the Minister for decision. 26 (4) The Minister must not give the assessment manager a 27 direction under subsection (3) if the Minister intends to assess 28 and decide the application having regard only to the State 29 interest for which the application was called in. 30 (5) The Minister must give a copy of the notice to-- 31 (a) the applicant; and 32 Page 302

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 426] (b) any concurrence agency; and 1 (c) any submitter. 2 426 Minister's action on calling in application 3 (1) If the application is called in before the assessment manager 4 makes a decision on the application-- 5 (a) the Minister may assess and decide the application in 6 the place of the assessment manager; or 7 (b) the Minister may-- 8 (i) direct the assessment manager to assess or 9 continue to assess the application; and 10 (ii) decide the application in the place of the 11 assessment manager. 12 (2) If the application is called in after the assessment manager 13 makes a decision on the application, the Minister may 14 reassess and re-decide the application in the place of the 15 assessment manager. 16 (3) Subsection (4) applies if the Minister assesses and decides, or 17 reassesses and re-decides, the application. 18 (4) The Minister may, if the Minister considers it appropriate in 19 the circumstances, assess and decide, or reassess and 20 re-decide, the application having regard only to the State 21 interest for which the application was called in. 22 427 Effect of call in 23 (1) If the Minister calls in an application, the Minister is the 24 assessment manager from when the application is called in 25 until the Minister gives the decision notice. 26 (2) If the application is called in before the assessment manager 27 makes a decision on the application, the IDAS process must 28 continue from the point at which the application is called in. 29 Page 303

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 428] (3) If the application is called in after the assessment manager 1 makes a decision on the application, the IDAS process starts 2 again from a point in the IDAS process the Minister decides, 3 but before or at the start of the decision stage. 4 (4) Until the Minister gives the decision notice on the application, 5 a concurrence agency is taken to be an advice agency. 6 (5) The Minister's decision on the application is taken to be the 7 original assessment manager's decision but a person may not 8 appeal against the Minister's decision. 9 Note-- 10 Also, see sections 456(1)(a) and (2) (Court may make declarations and 11 orders) and 508 (Jurisdiction of committees) 12 (6) If an appeal was made before the application was called in, the 13 appeal is of no further effect. 14 (7) If the Minister assesses and decides or reassesses and 15 re-decides the application, part 5, division 3, subdivision 4 16 does not apply to the application. 17 (8) Despite subsections (2) and (3), if the Minister assesses and 18 decides or reassesses and re-decides the application having 19 regard only to the State interest for which it was called in-- 20 (a) the assessment and decision provisions do not apply to 21 the Minister's assessment of, and decision on, the 22 application; and 23 (b) in assessing the application, the Minister may have 24 regard to the common material for the application and 25 any other matter the Minister considers relevant to the 26 State interest. 27 428 Original assessment manager to assist Minister 28 The entity that was the assessment manager before the 29 application was called in (the original assessment manager) 30 must give the Minister all reasonable assistance the Minister 31 requires to assess or decide the application, including giving 32 the Minister-- 33 Page 304

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 429] (a) all material about the application the assessment 1 manager had before the application was called in; and 2 (b) any material received by the assessment manager after 3 the application is called in; and 4 (c) any other material relevant to the assessment of the 5 application. 6 429 Minister's decision notice 7 (1) The Minister must give a copy of the decision notice to the 8 original assessment manager when the Minister gives the 9 decision notice to the applicant. 10 (2) Section 335(1)(e)(ii), (f)(i), and (o) does not apply for the 11 decision notice. 12 (3) Also, if the Minister assesses and decides, or reassesses and 13 re-decides, the application having regard only to the State 14 interest stated in the call in notice, section 335(1)(m) and (n) 15 does not apply for the decision notice. 16 430 Provision for application called in by regional planning 17 Minister 18 (1) This section applies despite section 427(2) and (3) for an 19 application called in by the regional planning Minister for a 20 designated region. 21 (2) The regional planning Minister for the designated region may, 22 by written notice given to the applicant and the relevant local 23 government, suspend the IDAS process until the number of 24 days stated in the notice after-- 25 (a) publication of a notice under section 60 about the 26 designated region's draft regional plan; or 27 (b) publication of a notice under section 64 about the 28 designated region's regional plan. 29 (3) Despite section 427, the regional planning Minister for the 30 designated region may by written notice, at the end of the 31 Page 305

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 11 Ministerial IDAS powers [s 431] suspension of the IDAS process, refer the application to the 1 original assessment manager to assess and decide. 2 (4) The notice mentioned in subsection (3) must state the point in 3 the IDAS process from which, and the day on which, the 4 process must restart for the application. 5 (5) For assessing the application, whether by the regional 6 planning Minister for the designated region after acting under 7 subsection (2) or the original assessment manager, section 311 8 does not apply to the designated region's regional plan or a 9 planning scheme amendment reflecting the designated 10 region's regional plan. 11 431 Process if call in decision does not deal with all aspects 12 of the application 13 (1) If the Minister's decision notice does not decide all aspects of 14 the application, the Minister must, by written notice, refer the 15 aspects not decided back to the assessment manager. 16 (2) If the Minister gives a notice under subsection (1), the notice 17 must state the point in the IDAS process from which the 18 process must restart for the aspects of the application not 19 decided by the Minister. 20 432 Report about decision 21 (1) If the Minister calls in an application, the Minister must, after 22 deciding the application, prepare a report about the Minister's 23 decision. 24 (2) Without limiting subsection (1), the Minister must include the 25 following in the report-- 26 (a) a copy of the application; 27 (b) a copy of the notice given under section 425; 28 (c) a copy of any referral agency's response; 29 (d) an analysis of any submissions made about the 30 application; 31 Page 306

 


 

Sustainable Planning Bill 2009 Chapter 6 Integrated development assessment system (IDAS) Part 12 Miscellaneous provision [s 433] (e) a copy of the decision notice; 1 (f) the Minister's reasons for the decision; 2 (g) a copy of any notice given under section 431. 3 (3) The Minister must cause a copy of the report to be tabled in 4 the Legislative Assembly within 14 sitting days after the 5 Minister's decision is made. 6 433 Report about compliance with development approval 7 (1) The Minister may, by written notice given to the assessment 8 manager, require the assessment manager to give the Minister 9 a report about a person's compliance with a development 10 approval given by the Minister for aspects of the application 11 decided by the Minister. 12 (2) The notice must include-- 13 (a) details about the matters to be included in the report; 14 and 15 (b) the period within which the assessment manager must 16 give the report. 17 (3) The assessment manager must comply with the requirement. 18 Part 12 Miscellaneous provision 19 434 Refunding fees 20 An assessment manager or a concurrence agency may, but 21 need not, refund all or part of the fee paid to it to assess an 22 application. 23 Page 307

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 435] Chapter 7 Appeals, offences and 1 enforcement 2 Part 1 Planning and Environment 3 Court 4 Division 1 Establishment and jurisdiction of 5 court 6 435 Continuance of Planning and Environment Court 7 (1) The Planning and Environment Court, continued in existence 8 under repealed IPA, section 4.1.1, is continued in existence 9 under this Act. 10 (2) The court is a court of record. 11 (3) The court has a seal that must be judicially noticed. 12 436 Jurisdiction of court 13 (1) The court has the jurisdiction given to it under any Act, 14 including the jurisdiction to hear and decide every appeal 15 made under this Act for the review of a decision of a building 16 and development committee. 17 (2) Subject to section 508, the jurisdiction given to the court 18 under this Act is exclusive. 19 (3) Subject to division 14, every decision of the court is final and 20 conclusive and is not to be impeached for any informality or 21 want of form or be appealed against, reviewed, quashed or in 22 any way called into question in any court. 23 (4) If a proceeding comes before the court under another Act, 24 subsection (3) applies subject to the other Act. 25 Page 308

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 437] 437 Proceedings open to public 1 Each proceeding must be open to the public, unless the rules 2 of court provide otherwise. 3 Division 2 Powers of court 4 438 Subpoenas 5 (1) The court may summon a person as a witness and may-- 6 (a) require the person to produce in evidence documents in 7 the person's possession or power; and 8 (b) examine the person; and 9 (c) punish the person for not attending under the summons 10 or for refusing to give evidence or for neglecting or 11 refusing to produce the documents. 12 (2) Despite subsection (1), a person is not required to give 13 evidence that may tend to incriminate the person. 14 (3) For subsection (1), a judge of the court has the same powers 15 as a District Court judge. 16 439 Contempt and contravention of orders 17 (1) A judge of the court has the same power to punish a person for 18 contempt of the court as the judge has to punish a person for 19 contempt of the District Court. 20 (2) The District Court of Queensland Act 1967, section 129, 21 applies in relation to the court in the same way as it applies in 22 relation to the District Court. 23 (3) If a person at any time contravenes an order of the court, the 24 person is also taken to be in contempt of the court. 25 Page 309

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 440] 440 How court may deal with matters involving non- 1 compliance 2 (1) Subsection (2) applies if the court finds a provision of this 3 Act, or another Act in its application to this Act, has not been 4 complied with, or has not been fully complied with. 5 (2) The court may deal with the matter in the way the court 6 considers appropriate. 7 (3) To remove any doubt, it is declared that this section applies in 8 relation to a development application that has lapsed or is not 9 a properly made application. 10 441 Terms of orders etc. 11 The court may make an order, give leave or do anything else it 12 is authorised to do on the terms the court considers 13 appropriate. 14 442 Taking and recording evidence etc. 15 The court must take evidence on oath, affirmation, affidavit or 16 declaration and must record the evidence. 17 Division 3 Constituting court 18 443 Constituting court 19 (1) The Governor in Council may, from time to time by gazette 20 notice, notify the names of District Court judges who are to be 21 the judges who constitute the court. 22 (2) The Governor in Council may notify the names of District 23 Court judges to constitute the court for a stated period only. 24 (3) A District Court judge who constitutes the court may do so 25 even if another District Court judge is constituting the court at 26 the same time. 27 Page 310

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 444] (4) A failure to notify the name of a District Court judge under 1 subsection (1) does not affect, and never has affected, the 2 validity of any decision or order made by the judge 3 constituting, or purporting to constitute, the court. 4 (5) A decision or order of a District Court judge constituting, or 5 purporting to constitute, the court after the expiry of the 6 period stated for the judge under subsection (2) is not, and 7 never has been, invalidly made merely because the decision or 8 order was made after the expiry. 9 444 Jurisdiction of judges not impaired 10 The jurisdiction of a District Court judge named to constitute 11 the court is not limited exclusively to the court. 12 Division 4 Rules and orders or directions 13 about proceedings 14 445 Rules of court 15 (1) The Governor in Council, with the concurrence of 2 or more 16 District Court judges of whom the Chief Judge is to be 1, may 17 make rules about anything-- 18 (a) required or permitted to be prescribed by the rules; or 19 (b) necessary or convenient to be prescribed for the 20 purposes of the court. 21 (2) Without limiting subsection (1), the rules may provide for the 22 procedures of the court, including matters that may be dealt 23 with by a court officer. 24 (3) The procedures of the court are governed by the rules. 25 (4) The rules may be uniform rules that apply to other courts. 26 (5) The rules are subordinate legislation. 27 Page 311

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 446] 446 Orders or directions 1 (1) The court may make an order or direction about the conduct 2 of a proceeding it considers appropriate, even though the 3 order or direction may be inconsistent with a provision of the 4 rules. 5 (2) The Chief Judge of the District Court may issue directions of 6 general application about the procedure of the court, even 7 though the direction may be inconsistent with a provision of 8 the rules. 9 (3) In deciding whether to make an order or direction, the 10 interests of justice are paramount. 11 (4) If an order or direction of the court or the Chief Judge is 12 inconsistent with a provision of the rules, the order or 13 direction prevails to the extent of the inconsistency. 14 (5) The court or Chief Judge may at any time vary or revoke an 15 order or direction made under this section. 16 Division 5 Parties to proceedings and court 17 sittings 18 447 Where court may sit 19 The court may sit at any place. 20 448 Appearance 21 A party to a proceeding may appear personally or by lawyer 22 or agent. 23 449 Adjournments 24 The court may-- 25 (a) adjourn proceedings from time to time and from place to 26 place; and 27 Page 312

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 450] (b) adjourn proceedings to a time, or a time and place, to be 1 fixed. 2 450 What happens if judge dies or is incapacitated 3 (1) This section applies if, after starting to hear a proceeding, the 4 judge hearing the proceeding (the first judge) dies or can not 5 continue with the proceeding for any reason, including, for 6 example, absence or illness. 7 (2) Another judge may-- 8 (a) after consulting with the parties-- 9 (i) order the proceeding be reheard; or 10 (ii) adjourn the proceeding to allow the first judge to 11 continue dealing with the proceeding when able; or 12 (b) with the consent of the parties, make an order the judge 13 considers appropriate about-- 14 (i) deciding the proceeding; or 15 (ii) completing the hearing of, and deciding, the 16 proceeding. 17 (3) An order mentioned in subsection (2)(b) is taken to be a 18 decision of the court. 19 451 Stating case for Court of Appeal's opinion 20 (1) This section applies if a question of law arises during a 21 proceeding and the judge considers it desirable that the 22 question be decided by the Court of Appeal. 23 (2) The judge may state the question in the form of a special case 24 for the opinion of the Court of Appeal. 25 (3) The special case may be stated only during the proceeding 26 mentioned in subsection (1). 27 Page 313

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 452] (4) Until the Court of Appeal has decided the special case, the 1 court must not make a decision to which the question is 2 relevant. 3 (5) When the Court of Appeal has decided the special case, the 4 court must not proceed in a way, or make a decision, that is 5 inconsistent with the Court of Appeal's decision on the 6 special case. 7 Division 6 Registry and other court officers 8 452 Registrars and other court officers 9 (1) The registrar of the District Court at Brisbane is the registrar 10 of the court. 11 (2) The deputy registrars of the District Court are the deputy 12 registrars of the court. 13 (3) The other court officers of the District Court are the other 14 court officers of the court. 15 453 Registries 16 (1) Each District Court registry is a registry of the court. 17 (2) The registry of the court at Brisbane is the principal registry of 18 the court. 19 (3) Subject to the registrar, the principal registry is under the 20 control of the senior deputy registrar. 21 (4) The senior deputy registrar may give directions to the 22 following persons employed in the registries of the court-- 23 (a) other deputy registrars; 24 (b) other officers of the court, other than the registrar. 25 Page 314

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 454] 454 Court records 1 (1) The registrar must keep minutes of proceedings and records of 2 decisions of the court and perform the other functions the 3 court directs. 4 (2) The records of the court held at a place must be kept in the 5 custody of the registrar, a deputy registrar or another court 6 officer at the place. 7 455 Judicial notice 8 All courts and persons acting judicially must take judicial 9 notice of the appointment and signature of every person 10 holding office under this part. 11 Division 7 Other court matters 12 456 Court may make declarations and orders 13 (1) Any person may bring a proceeding in the court for a 14 declaration about any of the following-- 15 (a) a matter done, to be done or that should have been done 16 for this Act other than a matter for chapter 6, part 11; 17 (b) the construction of this Act and planning instruments 18 and master plans under this Act; 19 (c) the construction of a land use plan under the Airport 20 Assets (Restructuring and Disposal) Act 2008 and 21 chapter 3, part 1 of that Act; 22 (d) the lawfulness of land use or development. 23 (2) However, an assessment manager may bring a proceeding 24 about a matter done, to be done or that should have been done 25 for chapter 6, part 11, division 2 for a development application 26 if, when the application was called in under that part, the 27 assessment manager-- 28 (a) had not decided the application; or 29 Page 315

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 457] (b) had refused the application. 1 (3) The proceeding may be brought on behalf of a person. 2 (4) If the proceeding is brought on behalf of a person, the person 3 must consent or if the person is an unincorporated body, its 4 committee or other controlling or governing body must 5 consent. 6 (5) A person on whose behalf a proceeding is brought may 7 contribute to, or pay, the legal costs incurred by the person 8 bringing the proceeding. 9 (6) The court has jurisdiction to hear and decide a proceeding for 10 a declaration about a matter mentioned in subsection (1). 11 (7) The court may also make an order about a declaration made 12 by the court. 13 (8) If a person starts a proceeding under this section, the person 14 must, on the day the person starts the proceeding, give the 15 chief executive written notice of the proceeding. 16 (9) If the Minister is satisfied the proceeding involves a State 17 interest, the Minister may elect to be a party to the proceeding 18 by filing in the court a notice of election in the approved form. 19 457 Costs 20 (1) Each party to a proceeding in the court must bear the party's 21 own costs for the proceeding. 22 (2) However, the court may order costs for the proceeding, 23 including allowances to witnesses attending for giving 24 evidence at the proceeding, as it considers appropriate in the 25 following circumstances-- 26 (a) the court considers the proceeding was instituted, or 27 continued by the party bringing the proceeding, 28 primarily to delay or obstruct; 29 (b) the court considers the proceeding, or part of the 30 proceeding, to have been frivolous or vexatious; 31 Page 316

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 457] (c) a party has not been given reasonable notice of intention 1 to apply for an adjournment of the proceeding; 2 (d) a party has incurred costs because the party is required 3 to apply for an adjournment because of the conduct of 4 another party; 5 (e) without limiting paragraph (d), a party has incurred 6 costs because another party has introduced, or sought to 7 introduce, new material; 8 (f) a party has incurred costs because another party has 9 defaulted in the court's procedural requirements; 10 (g) if the proceeding is an appeal against a decision on a 11 development application or master plan application and 12 the applicant did not, in responding to an information 13 request, or to a request for information for the master 14 plan application, give all the information reasonably 15 requested before the decision was made; 16 (h) the court considers an assessment manager, referral 17 agency, coordinating agency for a master plan 18 application, compliance assessor or local government 19 should have taken an active part in a proceeding and did 20 not do so; 21 (i) an applicant, submitter, assessment manager, referral 22 agency, coordinating agency for a master plan 23 application, compliance assessor, a person requesting 24 compliance assessment or a local government does not 25 properly discharge its responsibilities in the proceeding. 26 (3) If a person brings a proceeding in the court for a declaration 27 against an owner who sought the cancellation of a 28 development approval without the consent of another person 29 or entity mentioned in section 380(2), and the court makes the 30 order, the court must award costs against the owner. 31 (4) If a person brings an appeal under section 477 and the appeal 32 is not withdrawn, the court must award costs against the 33 relevant Minister or local government-- 34 (a) if the appeal is upheld; and 35 Page 317

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 458] (b) if the appeal is against a deemed refusal--even if the 1 appeal is not upheld. 2 (5) If a person brings a proceeding in the court for a declaration 3 requiring a designator to give, under section 227, a notice of 4 intention to resume an interest in land under the Acquisition 5 Act and the court makes an order about the declaration, the 6 court must award costs against the designator. 7 (6) If a person brings a proceeding in the court for a declaration 8 and order requiring an assessment manager to give, under 9 section 267, an acknowledgement notice and the court makes 10 the order, the court must award costs against the assessment 11 manager. 12 (7) If the court allows an assessment manager or compliance 13 assessor to withdraw from an appeal, the court must not award 14 costs against the assessment manager or compliance assessor. 15 (8) The court may, if it considers it appropriate, order the costs to 16 be decided by the appropriate costs taxing officer of the 17 Supreme Court, under the scale of costs prescribed by law for 18 proceedings in the District Court. 19 (9) If the court makes an order under subsection (8), the taxing 20 officer may decide the appropriate scale to be used in taxing 21 the costs. 22 (10) An order made under this section may be made an order of the 23 District Court and enforced in the District Court. 24 458 Privileges, protection and immunity 25 A person who is one of the following has the same privileges, 26 protection or immunity as the person would have if the 27 proceeding were in the District Court-- 28 (a) the judge presiding over the proceeding; 29 (b) a lawyer or agent appearing in the proceeding; 30 (c) a witness attending in the proceeding. 31 Page 318

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 459] 459 Payment of witnesses 1 Every witness summoned is entitled to be paid reasonable 2 expenses by the party requiring the attendance of the witness. 3 460 Evidence of local planning instruments or master plans 4 (1) If a chief executive officer of a local government is satisfied a 5 document is a true copy of a local planning instrument or 6 master plan, or a part of the local planning instrument or 7 master plan, in force for the local government at a time stated 8 in the document, the chief executive officer may so certify the 9 document. 10 (2) In a proceeding, a document certified under subsection (1) is 11 admissible in evidence as if it were the original local planning 12 instrument or master plan, or part of the instrument or plan. 13 Division 8 Appeals to court relating to 14 development applications and 15 approvals 16 461 Appeals by applicants 17 (1) An applicant for a development application may appeal to the 18 court against any of the following-- 19 (a) the refusal, or the refusal in part, of the development 20 application; 21 (b) any condition of a development approval, another matter 22 stated in a development approval and the identification 23 or inclusion of a code under section 242; 24 (c) the decision to give a preliminary approval when a 25 development permit was applied for; 26 (d) the length of a period mentioned in section 341; 27 (e) a deemed refusal of the development application. 28 Page 319

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 462] (2) An appeal under subsection (1)(a), (b), (c) or (d) must be 1 started within 20 business days (the applicant's appeal 2 period) after-- 3 (a) if a decision notice or negotiated decision notice is 4 given--the day the decision notice or negotiated 5 decision notice is given to the applicant; or 6 (b) otherwise--the day a decision notice was required to be 7 given to the applicant. 8 (3) An appeal under subsection (1)(e) may be started at any time 9 after the last day a decision on the matter should have been 10 made. 11 462 Appeals by submitters--general 12 (1) A submitter for a development application may appeal to the 13 court only against-- 14 (a) the part of the approval relating to the assessment 15 manager's decision about any part of the application 16 requiring impact assessment under section 314; or 17 (b) the part of the approval relating to the assessment 18 manager's decision under section 327. 19 (2) To the extent an appeal may be made under subsection (1), the 20 appeal may be against 1 or more of the following-- 21 (a) the giving of a development approval; 22 (b) any provision of the approval including-- 23 (i) a condition of, or lack of condition for, the 24 approval; or 25 (ii) the length of a period mentioned in section 341 for 26 the approval. 27 (3) However, a submitter may not appeal if the submitter-- 28 (a) withdraws the submission before the application is 29 decided; or 30 Page 320

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 463] (b) has given the assessment manager a notice under section 1 339(1)(b)(ii). 2 (4) The appeal must be started within 20 business days (the 3 submitter's appeal period) after the decision notice or 4 negotiated decision notice is given to the submitter. 5 463 Additional and extended appeal rights for submitters for 6 particular development applications 7 (1) This section applies to a development application to which 8 chapter 9, part 7 applies. 9 (2) A submitter of a properly made submission for the application 10 may appeal to the court about a referral agency's response 11 made by a prescribed concurrence agency for the application. 12 (3) However, the submitter may only appeal against a referral 13 agency's response to the extent it relates to-- 14 (a) if the prescribed concurrence agency is the chief 15 executive (environment)--development for an 16 aquacultural ERA; or 17 (b) if the prescribed concurrence agency is the chief 18 executive (fisheries)--development that is-- 19 (i) a material change of use of premises for 20 aquaculture; or 21 (ii) operational work that is the removal, damage or 22 destruction of a marine plant. 23 (4) Despite section 462(1), the submitter may appeal against the 24 following matters for the application even if the matters relate 25 to code assessment-- 26 (a) a decision about a matter mentioned in section 462(2) if 27 it is a decision of the chief executive (fisheries); 28 (b) a referral agency's response mentioned in subsection 29 (2). 30 Page 321

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 464] 464 Appeals by advice agency submitters 1 (1) Subsection (2) applies if an advice agency, in its response for 2 an application, told the assessment manager to treat the 3 response as a properly made submission. 4 (2) The advice agency may, within the limits of its jurisdiction, 5 appeal to the court about-- 6 (a) any part of the approval relating to the assessment 7 manager's decision about any part of the application 8 requiring impact assessment under section 314; or 9 (b) any part of the approval relating to the assessment 10 manager's decision under section 327. 11 (3) The appeal must be started within 20 business days after the 12 day the decision notice or negotiated decision notice is given 13 to the advice agency as a submitter. 14 (4) However, if the advice agency has given the assessment 15 manager a notice under section 339(1)(b)(ii), the advice 16 agency may not appeal the decision. 17 465 Appeals about decisions relating to extensions for 18 approvals 19 (1) For a development approval given for a development 20 application, a person to whom a notice is given under section 21 389, other than a notice for a decision under section 386(2), 22 may appeal to the court against the decision in the notice. 23 (2) The appeal must be started within 20 business days after the 24 day the notice of the decision is given to the person. 25 (3) Also, a person who has made a request under section 383 may 26 appeal to the court against a deemed refusal of the request. 27 (4) An appeal under subsection (3) may be started at any time 28 after the last day the decision on the matter should have been 29 made. 30 Page 322

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 466] 466 Appeals about decisions relating to permissible changes 1 (1) For a development approval given for a development 2 application, the following persons may appeal to the court 3 against a decision on a request to make a permissible change 4 to the approval-- 5 (a) if the responsible entity for making the change is the 6 assessment manager for the application-- 7 (i) the person who made the request; or 8 (ii) an entity that gave a notice under section 373 or a 9 pre-request response notice about the request; 10 (b) if the responsible entity for making the change is a 11 concurrence agency for the application--the person who 12 made the request. 13 (2) The appeal must be started within 20 business days after the 14 day the person is given notice of the decision on the request 15 under section 376. 16 (3) Also, a person who has made a request under section 369 may 17 appeal to the court against a deemed refusal of the request. 18 (4) An appeal under subsection (3) may be started at any time 19 after the last day the decision on the matter should have been 20 made. 21 467 Appeals about changing or cancelling conditions 22 imposed by assessment manager or concurrence agency 23 (1) A person to whom a notice under section 378(9)(b) giving a 24 decision to change or cancel a condition of a development 25 approval has been given may appeal to the court against the 26 decision in the notice. 27 (2) The appeal must be started within 20 business days after the 28 day the notice of the decision is given to the person. 29 Page 323

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 468] Division 9 Appeals to court about compliance 1 assessment 2 468 Appeals against decision on request for compliance 3 assessment 4 (1) A person to whom an action notice has been given under 5 section 405(5) about a request for compliance assessment of 6 development, a document or work may appeal to the court 7 against the decision in the notice. 8 (2) The appeal must be started within 20 business days after the 9 notice is given to the person. 10 469 Appeals against condition imposed on compliance 11 permit or certificate 12 (1) A person who is given a compliance permit or compliance 13 certificate subject to any conditions may appeal to the court 14 against the decision to impose the condition. 15 (2) The appeal must be started within 20 business days after the 16 day the compliance permit or compliance certificate is given 17 to the person. 18 470 Appeals against particular decisions about compliance 19 assessment 20 (1) A person to whom any of the following notices have been 21 given may appeal to the court against the decision in the 22 notice-- 23 (a) a notice of a decision on a request to change or withdraw 24 an action notice; 25 (b) a notice under section 413(2)(c) about a decision to 26 refuse a request to change a compliance permit or 27 compliance certificate. 28 (2) The appeal must be started within 20 business days after the 29 day the notice is given to the person. 30 Page 324

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 471] Division 10 Appeals to court about other 1 matters 2 471 Appeal by applicant for approval of a proposed 3 master plan 4 (1) A person who has applied for an approval of a proposed 5 master plan may appeal to the court against-- 6 (a) the refusal, or the refusal in part, to give the approval; or 7 (b) a matter stated in the notice of decision about the 8 application; or 9 (c) a deemed refusal of the master plan application. 10 (2) An appeal under subsection (1)(a) or (b) must be started 11 within 20 business days (the applicant's appeal period) after 12 the day the applicant is given notice of the decision. 13 (3) An appeal under subsection (1)(c) may be started at any time 14 after the last day a decision on the matter should have been 15 made. 16 472 Appeal about extension of period under s 98 17 (1) A person who has requested an extension under section 98(2) 18 may appeal to the court against a refusal of the request. 19 (2) An appeal under subsection (1) must be started within 20 20 business days after the day the person is given notice of the 21 refusal. 22 (3) Also, a person who has made a request under section 98(2) 23 may appeal to the court against a deemed refusal of the 24 request. 25 (4) An appeal under subsection (3) may be started at any time 26 after the last day the decision on the matter should have been 27 made. 28 Page 325

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 473] (5) However, an appeal under this section may only be about 1 whether the refusal is so unreasonable that no reasonable 2 relevant local government could have refused the request. 3 473 Appeals against enforcement notices 4 (1) A person who is given an enforcement notice may appeal to 5 the court against the giving of the notice. 6 (2) The appeal must be started within 20 business days after the 7 day notice is given to the person. 8 474 Stay of operation of enforcement notice 9 (1) The lodging of a notice of appeal about an enforcement notice 10 stays the operation of the enforcement notice until-- 11 (a) the court, on the application of the entity issuing the 12 notice, decides otherwise; or 13 (b) the appeal is withdrawn; or 14 (c) the appeal is dismissed. 15 (2) However, subsection (1) does not apply if the enforcement 16 notice is about-- 17 (a) a work, if the enforcement notice states the entity 18 believes the work is a danger to persons or a risk to 19 public health; or 20 (b) stopping the demolition of a work; or 21 (c) clearing vegetation on freehold land; or 22 (d) the removal of quarry material allocated under the Water 23 Act 2000; or 24 (e) extracting clay, gravel, rock, sand or soil, not mentioned 25 in paragraph (d), from Queensland waters; or 26 (f) development the assessing authority reasonably believes 27 is causing erosion or sedimentation; or 28 Page 326

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 475] (g) development the assessing authority reasonably believes 1 is causing an environmental nuisance. 2 475 Appeals against local laws 3 (1) This section applies if-- 4 (a) an applicant is dissatisfied with a decision of a local 5 government or the conditions applied under a local law 6 about the use of premises or the erection of a building or 7 other structure; and 8 (b) the use is not prohibited development under the 9 planning scheme or a temporary local planning 10 instrument for the planning scheme area. 11 (2) The applicant may appeal to the court against the decision or 12 the conditions applied. 13 (3) The appeal must be started within 20 business days after the 14 day notice of the decision is given to the applicant. 15 476 Appeals against decisions on compensation claims 16 (1) A person who is dissatisfied with a decision under section 710 17 or 716 for the payment of compensation may appeal to the 18 court against-- 19 (a) the decision; or 20 (b) a deemed refusal of the claim. 21 (2) An appeal under subsection (1)(a) must be started within 20 22 business days after the day notice of the decision is given to 23 the person. 24 (3) An appeal under subsection (1)(b) may be started at any time 25 after the last day a decision on the matter should have been 26 made. 27 Page 327

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 477] 477 Appeals against decisions on requests to acquire 1 designated land under hardship 2 (1) A person who is dissatisfied with a designator's decision to 3 refuse a request made by the person under section 222 may 4 appeal to the court against-- 5 (a) the decision; or 6 (b) a deemed refusal of the request. 7 (2) An appeal under subsection (1)(a) must be started within 20 8 business days after the day notice of the decision is given to 9 the person. 10 (3) An appeal under subsection (1)(b) may be started at any time 11 after the last day a decision on the matter should have been 12 made. 13 478 Appeals about particular charges for infrastructure 14 (1) This section applies to a person who has been given, and is 15 dissatisfied with-- 16 (a) an infrastructure charges notice, regulated infrastructure 17 charges notice or regulated State infrastructure charges 18 notice; or 19 (b) a negotiated infrastructure charges notice, negotiated 20 regulated infrastructure charges notice or negotiated 21 regulated State infrastructure charges notice. 22 (2) The person may appeal to the court against the notice. 23 (3) An appeal against a notice mentioned in subsection (1) must 24 be started within 20 business days after the day the notice is 25 given to the person. 26 (4) An appeal under this section may only be about-- 27 (a) whether a charge in the notice is so unreasonable that no 28 reasonable relevant local government, State 29 infrastructure provider or coordinating agency could 30 have imposed it; or 31 Page 328

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 479] (b) an error in the calculation of the charge. 1 (5) To remove any doubt, it is declared that an appeal under this 2 section can not be about the methodology used to establish the 3 charge in the relevant infrastructure charges schedule, 4 regulated infrastructure charges schedule or regulated State 5 infrastructure charges schedule. 6 479 Appeals from building and development committees 7 (1) A party to a proceeding decided by a building and 8 development committee may appeal to the court against the 9 committee's decision, but only on the ground-- 10 (a) of an error or mistake in law on the part of the 11 committee; or 12 (b) that the committee had no jurisdiction to make the 13 decision or exceeded its jurisdiction in making the 14 decision. 15 (2) An appeal against a building and development committee's 16 decision must be started within 20 business days after the day 17 notice of the committee's decision is given to the party. 18 480 Court may remit matter to building and development 19 committee 20 If an appeal includes a matter within the jurisdiction of a 21 building and development committee and the court is satisfied 22 the matter should be dealt with by a building and development 23 committee, the court must remit the matter to the committee 24 for decision. 25 Division 11 Making an appeal to court 26 481 How appeals to the court are started 27 (1) An appeal is started by lodging written notice of appeal with 28 the registrar of the court. 29 Page 329

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 482] (2) The notice of appeal must state the grounds of the appeal. 1 (3) The person starting the appeal must also comply with the rules 2 of the court applying to the appeal. 3 (4) However, the court may hear and decide an appeal even if the 4 person has not complied with subsection (3). 5 482 Notice of appeal to other parties--development 6 applications and approvals 7 (1) An appellant under division 8 must give written notice of the 8 appeal to-- 9 (a) if the appellant is an applicant-- 10 (i) the chief executive; and 11 (ii) the assessment manager; and 12 (iii) any concurrence agency; and 13 (iv) any principal submitter whose submission has not 14 been withdrawn; and 15 (v) any advice agency treated as a submitter whose 16 submission has not been withdrawn; or 17 (b) if the appellant is a submitter or an advice agency whose 18 response to the development application is treated as a 19 submission for an appeal-- 20 (i) the chief executive; and 21 (ii) the assessment manager; and 22 (iii) any referral agency; and 23 (iv) the applicant; or 24 (c) if the appellant is a person to whom a notice mentioned 25 in section 465(1) has been given-- 26 (i) the chief executive; and 27 (ii) the assessment manager for the development 28 application to which the notice relates; and 29 Page 330

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 482] (iii) any entity that was a concurrence agency for the 1 development application to which the notice 2 relates; and 3 (iv) the person who made the request under section 383 4 to which the notice relates, if the person is not the 5 appellant; or 6 (d) if the appellant is a person mentioned in section 7 466(1)-- 8 (i) the chief executive; and 9 (ii) the responsible entity for making the change to 10 which the appeal relates; and 11 (iii) the person who made the request to which the 12 appeal relates under section 369, if the person is 13 not the appellant; and 14 (iv) if the responsible entity is the assessment 15 manager--any entity that was a concurrence 16 agency for the development application to which 17 the notice of the decision on the request relates; or 18 (e) if the appellant is a person to whom a notice mentioned 19 in section 467 has been given--the entity that gave the 20 notice. 21 (2) The notice must be given within-- 22 (a) if the appellant is a submitter or advice agency whose 23 response to the development application is treated as a 24 submission for an appeal--2 business days after the 25 appeal is started; or 26 (b) otherwise--10 business days after the appeal is started. 27 (3) The notice must state-- 28 (a) the grounds of the appeal; and 29 (b) if the person given the notice is not the respondent or a 30 co-respondent under section 485--that the person may, 31 within 10 business days after the notice is given, elect to 32 Page 331

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 483] become a co-respondent to the appeal by filing in the 1 court a notice of election in the approved form. 2 483 Notice of appeals to other parties--compliance 3 assessment 4 (1) An appellant under division 9 must, within 10 business days 5 after the day the appeal is started, give written notice of the 6 appeal to-- 7 (a) if the appellant is a person to whom an action notice, 8 compliance permit or compliance certificate has been 9 given-- 10 (i) the compliance assessor who gave the notice, 11 permit or certificate; and 12 (ii) if the compliance assessor was a nominated entity 13 of a local government and a copy of the request for 14 compliance assessment was given to the local 15 government under section 402--the local 16 government; or 17 (b) if the appellant is a person to whom a notice mentioned 18 in section 470(1) has been given-- 19 (i) the entity that gave the notice; and 20 (ii) if the entity that gave the notice was a nominated 21 entity of a local government and the written 22 agreement of the local government was required to 23 give the notice--the local government. 24 (2) The notice must state the grounds of the appeal. 25 484 Notice of appeal to other parties--other matters 26 (1) An appellant under division 10 must, within 10 business days 27 after the day the appeal is started, give written notice of the 28 appeal to-- 29 Page 332

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 485] (a) if the appeal is under section 471--the local government 1 and coordinating agency for the application for approval 2 of the master plan; or 3 (b) if the appeal is under section 472 or 475--the local 4 government; or 5 (c) if the appeal is under section 478--the entity that gave 6 the notice the subject of the appeal; or 7 (d) if the appellant is a person to whom an enforcement 8 notice is given--the entity that gave the notice and if the 9 entity is not the local government, the local government; 10 or 11 (e) if the appellant is a person dissatisfied with a decision 12 about compensation--the local government that decided 13 the claim; or 14 (f) if the appellant is a person dissatisfied with a decision 15 about acquiring designated land--the designator; or 16 (g) if the appellant is a party to a proceeding decided by a 17 building and development committee--the other party 18 to the proceeding. 19 (2) The notice must state the grounds of the appeal. 20 485 Respondent and co-respondents for appeals under div 8 21 (1) Subsections (2) to (8) apply for appeals under sections 461 to 22 464. 23 (2) The assessment manager is the respondent for the appeal. 24 (3) If the appeal is started by a submitter, the applicant is a 25 co-respondent for the appeal. 26 (4) Any submitter may elect to become a co-respondent for the 27 appeal. 28 (5) If the appeal is about a concurrence agency's response, the 29 concurrence agency is a co-respondent for the appeal. 30 Page 333

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 486] (6) If the appeal is only about a concurrence agency's response, 1 the assessment manager may apply to the court to withdraw 2 from the appeal. 3 (7) The respondent and any co-respondents for an appeal are 4 entitled to be heard in the appeal as a party to the appeal. 5 (8) A person to whom a notice of appeal is required to be given 6 under section 482 and who is not the respondent or a 7 co-respondent for the appeal may elect to be a co-respondent. 8 (9) For an appeal under section 465-- 9 (a) the assessment manager is the respondent; and 10 (b) if the appeal is started by a concurrence agency that gave 11 the assessment manager a notice under section 385--the 12 person asking for the extension the subject of the appeal 13 is a co-respondent; and 14 (c) any other person given notice of the appeal may elect to 15 become a co-respondent. 16 (10) For an appeal under section 466-- 17 (a) the responsible entity for making the change to which 18 the appeal relates is the respondent; and 19 (b) if the responsible entity is the assessment manager-- 20 (i) if the appeal is started by a person who gave a 21 notice under section 373 or a pre-request response 22 notice--the person who made the request for the 23 change is a co-respondent; and 24 (ii) any other person given notice of the appeal may 25 elect to become a co-respondent. 26 (11) For an appeal under section 467, the respondent is the entity 27 given notice of the appeal. 28 486 Respondent and co-respondents for appeals under div 9 29 (1) For an appeal under section 468 or 469-- 30 (a) the compliance assessor is the respondent; and 31 Page 334

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 487] (b) if the compliance assessor is a nominated entity of a 1 local government and the appeal relates to a matter 2 required by a local government--the local government 3 is a co-respondent. 4 (2) However, if the appeal is only about a matter required by the 5 local government, the compliance assessor may apply to the 6 court to withdraw from the appeal. 7 (3) For an appeal under section 470-- 8 (a) the entity that gave the notice to which the appeal relates 9 is the respondent; and 10 (b) if the entity mentioned in paragraph (a) is a nominated 11 entity of a local government and the local government 12 did not agree to the request mentioned in section 13 470(1)--the local government is a co-respondent. 14 (4) However, if the appeal is only about the local government's 15 refusal of the request, the entity that gave the notice to which 16 the appeal relates may apply to the court to withdraw from the 17 appeal. 18 487 Respondent and co-respondents for appeals under div 10 19 (1) This section applies if an entity is required under section 484 20 to be given a notice of an appeal. 21 (2) The entity given notice is the respondent for the appeal. 22 (3) However, if under a provision of the section more than 1 23 entity is required to be given notice, only the first entity 24 mentioned in the provision is the respondent. 25 (4) The second entity mentioned in the provision may elect to be 26 a co-respondent. 27 488 How an entity may elect to be a co-respondent 28 An entity that is entitled to elect to be a co-respondent to an 29 appeal may do so, within 10 business days after notice of the 30 Page 335

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 489] appeal is given to the entity, by following the rules of court for 1 the election. 2 489 Minister entitled to be party to an appeal involving a State 3 interest 4 If the Minister is satisfied an appeal involves a State interest, 5 the Minister may, at any time before the appeal is decided, 6 elect to be a party to the appeal by filing in the court a notice 7 of election in the approved form. 8 490 Lodging appeal stops particular actions 9 (1) If an appeal, other than an appeal under section 465, 466 or 10 467, is started under division 8, the development must not be 11 started until the appeal is decided or withdrawn. 12 (2) If an appeal is about a condition imposed on a compliance 13 permit, the development must not be started until the appeal is 14 decided or withdrawn. 15 (3) Despite subsections (1) and (2), if the court is satisfied the 16 outcome of the appeal would not be affected if the 17 development or part of the development is started before the 18 appeal is decided, the court may allow the development or 19 part of the development to start before the appeal is decided. 20 Division 12 Alternative dispute resolution 21 491 ADR process applies to proceedings started under this 22 part 23 (1) The District Court of Queensland Act 1967, part 7 and the 24 Uniform Civil Procedure Rules 1999, chapter 9, part 4, other 25 than section 321, (together, the ADR provisions), apply to 26 proceedings started under this part. 27 Page 336

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 492] (2) To the extent there is any inconsistency between the cost 1 provisions of the ADR provisions and the cost provisions of 2 this Act, the cost provisions of the ADR provisions prevail. 3 (3) If a dispute in a proceeding under this part is referred to a 4 dispute resolution process under the ADR provisions-- 5 (a) the proceeding is not stayed unless the court orders 6 otherwise; and 7 (b) the court must not decide the proceeding until the 8 dispute resolution process under the ADR provisions 9 has been finalised. 10 (4) In applying the ADR provisions to a proceeding under this 11 part-- 12 (a) a reference to the court or the District Court is taken to 13 be a reference to the Planning and Environment Court; 14 and 15 (b) a reference to a District Court judge is taken to be a 16 reference to a judge constituting the Planning and 17 Environment Court; and 18 (c) definitions and other interpretative provisions of the 19 District Court of Queensland Act 1967 and the Uniform 20 Civil Procedure Rules 1999 relevant to the ADR 21 provisions apply. 22 Division 13 Court process for appeals 23 492 Hearing procedures 24 The procedure for hearing an appeal is to be under-- 25 (a) the rules of court; or 26 (b) if the rules make no provision or insufficient 27 provision--directions of the judge constituting the 28 court. 29 Page 337

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 493] 493 Who must prove case 1 (1) In an appeal by the applicant for a development application, 2 or a person who has applied for approval of a proposed master 3 plan, it is for the appellant to establish that the appeal should 4 be upheld. 5 (2) In an appeal by a submitter for a development application, it is 6 for the applicant to establish that the appeal should be 7 dismissed. 8 (3) In an appeal by an advice agency for a development 9 application that told the applicant and the assessment manager 10 to treat its response to the application as a submission for an 11 appeal, it is for the applicant to establish that the appeal 12 should be dismissed. 13 (4) In an appeal by a person who appeals under section 465, 466, 14 467, 472, 475 or 478, it is for the appellant to establish that the 15 appeal should be upheld. 16 (5) In an appeal by a person who appeals under division 9, it is for 17 the appellant to establish that the appeal should be upheld. 18 (6) In an appeal by a person who is given an enforcement notice, 19 it is for the entity that gave the notice to establish that the 20 appeal should be dismissed. 21 (7) In an appeal by a person who is dissatisfied with a decision 22 about compensation, it is for the local government that 23 decided the claim to establish that the appeal should be 24 dismissed. 25 (8) In an appeal by a person who is dissatisfied with a decision 26 about acquiring designated land, it is for the designator to 27 establish that the appeal should be dismissed. 28 (9) In an appeal by a party to a proceeding decided by a building 29 and development committee, it is for the appellant to establish 30 that the appeal should be upheld. 31 494 Court may hear appeals together 32 The court may hear 2 or more appeals together. 33 Page 338

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 495] 495 Appeal by way of hearing anew 1 (1) An appeal is by way of hearing anew. 2 (2) However, if the appellant is the applicant or a submitter for a 3 development application, or is a person who has applied for 4 approval of a proposed master plan, the court-- 5 (a) must decide the appeal based on the laws and policies 6 applying when the application was made, but may give 7 weight to any new laws and policies the court considers 8 appropriate; and 9 (b) must not consider a change to the application on which 10 the decision being appealed was made unless the change 11 is only a minor change. 12 (3) Also, if the appellant is a person who made a request for 13 compliance assessment, the court must decide the appeal 14 based on the laws and policies applying when the request was 15 made, but may give weight to any new laws and policies the 16 court considers appropriate. 17 (4) To remove any doubt, it is declared that if the appellant is the 18 applicant or a submitter for a development application-- 19 (a) the court is not prevented from considering and making 20 a decision about a ground of appeal (based on a 21 concurrence agency's response) merely because this Act 22 required the assessment manager to refuse the 23 application or approve the application subject to 24 conditions; and 25 (b) in an appeal against a decision about a development 26 application (superseded planning scheme), the court 27 also must-- 28 (i) consider the appeal as if the application were made 29 under the superseded planning scheme; and 30 (ii) disregard the planning scheme applying when the 31 application was made. 32 (5) Further, if the appellant is a person who has applied for 33 approval of a proposed master plan, the court is not prevented 34 Page 339

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 496] from considering and making a decision about a ground of 1 appeal (based on any coordinating agency's response) merely 2 because this Act required the local government to refuse the 3 application or include conditions in any approval of a master 4 plan. 5 (6) In addition, if the appellant is a person who made a request for 6 compliance assessment-- 7 (a) the court is not prevented from considering and making 8 a decision about a ground of appeal (based on a 9 response given by a local government under section 10 402) merely because this Act required the compliance 11 assessor to give an action notice or include conditions in 12 a compliance permit or compliance certificate; and 13 (b) in an appeal against a decision about a request for 14 compliance assessment assessed and decided under a 15 superseded planning scheme, the court also must-- 16 (i) consider the appeal as if the request were made 17 under the superseded planning scheme; and 18 (ii) disregard the planning scheme applying when the 19 request was made. 20 496 Appeal decision 21 (1) In deciding an appeal the court may make the orders and 22 directions it considers appropriate. 23 (2) Without limiting subsection (1), the court may-- 24 (a) confirm the decision appealed against; or 25 (b) change the decision appealed against; or 26 (c) set aside the decision appealed against and make a 27 decision replacing the decision set aside. 28 (3) If the court acts under subsection (2)(b) or (c), the court's 29 decision is taken, for this Act, other than this division, to be 30 the decision of the entity making the appealed decision. 31 Page 340

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 497] (4) If the appeal is an appeal against the decision of a building 1 and development committee, the court may return the matter 2 to the committee with a direction that the committee make its 3 decision according to law. 4 497 Court may allow longer period to take an action 5 In this part, if an action must be taken within a specified time, 6 the court may allow a longer time to take the action if the 7 court is satisfied there are sufficient grounds for the extension. 8 Division 14 Appeals to Court of Appeal 9 498 Who may appeal to Court of Appeal 10 (1) A party to a proceeding may, under the rules of court, appeal a 11 decision of the court on the ground-- 12 (a) of error or mistake in law on the part of the court; or 13 (b) that the court had no jurisdiction to make the decision; 14 or 15 (c) that the court exceeded its jurisdiction in making the 16 decision. 17 (2) However, the party may appeal only with the leave of the 18 Court of Appeal or a judge of appeal. 19 499 When leave to appeal must be sought and appeal made 20 (1) A party intending to seek leave of the Court of Appeal to 21 appeal against a decision of the court must, within 30 business 22 days after the court's decision is given to the party, apply to 23 the Court of Appeal for leave to appeal against the decision. 24 (2) If the Court of Appeal grants the leave, the notice of appeal 25 against the decision must be served and filed within 30 26 business days after the Court of Appeal grants leave to appeal. 27 Page 341

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 1 Planning and Environment Court [s 500] 500 Power of Court of Appeal 1 The Court of Appeal may do 1 or more of the following-- 2 (a) return the matter to the court or judge for decision in 3 accordance with the Court of Appeal's decision; 4 (b) affirm, amend, or revoke and substitute another order or 5 decision for, the court's or judge's order or decision; 6 (c) make an order the Court of Appeal considers 7 appropriate. 8 501 Lodging appeal stops particular actions 9 (1) If a decision on an appeal under division 8, other than an 10 appeal under section 465, 466 or 467, is appealed under this 11 division, the development must not be started until the appeal 12 under this division is decided or withdrawn. 13 (2) If a decision on an appeal about a condition imposed on a 14 compliance permit is appealed under this division, the 15 development must not be started until the appeal under this 16 division is decided or withdrawn. 17 (3) Despite subsections (1) and (2), if the Court of Appeal is 18 satisfied the outcome of the appeal before it would not be 19 affected if the development or part of the development is 20 started before the appeal is decided, the Court of Appeal may 21 allow the development or part of the development to start 22 before the appeal is decided. 23 Page 342

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 502] Part 2 Building and development 1 dispute resolution committees 2 Division 1 Establishment, constitution and 3 jurisdiction of committees 4 502 Establishing building and development dispute 5 resolution committees 6 (1) The chief executive may at any time establish a building and 7 development dispute resolution committee. 8 (2) A building and development committee may be established by 9 the appointment of not more than 5 general referees as the 10 members constituting the committee. 11 Editor's note-- 12 Referees are appointed under division 10. 13 (3) In establishing a building and development committee, the 14 chief executive must have regard to the matter with which the 15 committee must deal. 16 (4) However, if a building and development committee is being 17 established only to hear an appeal against a referral agency's 18 response decision about the amenity and aesthetic impact of a 19 building or structure, the committee may be established by the 20 appointment of 3 aesthetic referees as the members 21 constituting the committee. 22 (5) The aesthetic referees appointed under subsection (4) must 23 be-- 24 (a) 1 individual who is an architect; and 25 (b) 1 individual who is not a member of, nor employed by, 26 the local government whose decision is being appealed 27 and whose appointment has been discussed with the 28 Local Government Association of Queensland; and 29 Page 343

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 503] (c) 1 individual whose appointment has been discussed with 1 the Queensland Master Builders' Association and the 2 Housing Industry Association. 3 (6) For a building and development committee established under 4 subsection (4), the individual mentioned in subsection (5)(a) 5 is the chairperson of the committee. 6 503 Consultation about multiple member committees 7 (1) If a building and development committee is to be constituted 8 by more than 1 member, the chief executive must-- 9 (a) consult with a representative of the Local Government 10 Association of Queensland about the appointment of at 11 least 1 of the referees as a member; and 12 (b) in the instrument appointing the members, appoint 1 13 member as chairperson of the committee. 14 (2) Subsection (1) does not apply to a building and development 15 committee established under section 502(4). 16 504 Same members to continue for duration of committee 17 (1) A building and development committee must continue to be 18 constituted by the same members. 19 (2) If a building and development committee can not complete a 20 decision on a matter, the chief executive may establish 21 another building and development committee to hear the 22 matter again from the beginning. 23 505 Referee with conflict of interest not to be member of 24 committee 25 (1) This section applies to a referee if the chief executive advises 26 the referee that the chief executive proposes to appoint the 27 referee as a member of a building and development 28 committee, and either or both of the following apply-- 29 (a) the committee is to hear a matter about premises-- 30 Page 344

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 506] (i) the referee owns; or 1 (ii) in relation to which the referee was, is, or is to be, 2 an architect, builder, drainer, engineer, planner, 3 plumber, plumbing inspector, private certifier, site 4 evaluator or soil assessor; or 5 (iii) in relation to which the referee has been, or will be, 6 engaged by any party to the proposed proceeding 7 in the referee's capacity as an accountant, lawyer 8 or other professional; or 9 (iv) situated or to be situated in the area of a local 10 government of which the referee is an officer, 11 employee or councillor; 12 (b) the referee has a direct or indirect personal interest in a 13 matter to be considered by the committee, and the 14 interest could conflict with the proper performance of 15 the referee's functions in relation to the committee's 16 consideration of the matter. 17 (2) The referee must advise the chief executive that this section 18 applies to the referee, and the chief executive must not 19 appoint the referee to the committee. 20 506 Referee not to act as member of committee in particular 21 cases 22 If a member of a building and development committee is 23 aware, or becomes aware, that the member should not have 24 been appointed to the committee, the member must not act as 25 a member of the committee. 26 507 Remuneration of members of committee 27 (1) A member of a building and development committee must be 28 paid the remuneration the Governor in Council decides. 29 (2) A member who is a public service officer must not be paid 30 remuneration if the officer acts as a member during the 31 officer's ordinary hours of duty as an officer but is entitled to 32 Page 345

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 508] be paid expenses necessarily incurred by the officer in so 1 acting. 2 508 Jurisdiction of committees 3 A building and development committee has jurisdiction-- 4 (a) to hear and decide a proceeding for a declaration about a 5 matter mentioned in division 3, other than a matter done 6 for chapter 6, part 11; and 7 (b) to decide any matter that may be appealed to a building 8 and development committee under divisions 4 to 7; and 9 (c) to decide any matter that under another Act may be 10 appealed to a building and development committee. 11 Division 2 Other officials of building and 12 development committees 13 509 Appointment of registrar and other officers 14 (1) The chief executive may at any time by gazette notice appoint 15 a registrar of building and development committees, and other 16 officers the chief executive considers appropriate to help 17 building and development committees to perform their 18 functions. 19 (2) A public service officer may be appointed under subsection 20 (1) or may be assigned by the chief executive to perform 21 functions to help building and development committees, and 22 may hold the appointment or perform the functions 23 concurrently with any other appointment the officer holds in 24 the public service. 25 Page 346

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 510] Division 3 Committee declarations 1 Subdivision 1 Declarations 2 510 Declaration about whether development application is 3 properly made 4 (1) An applicant for a development application may bring a 5 proceeding before a building and development committee for 6 a declaration about whether the application is a properly made 7 application. 8 (2) The applicant must bring the proceeding within 20 business 9 days after receiving notice under section 266 that the 10 application is not a properly made application. 11 (3) The assessment manager may, within 10 business days after 12 receiving a development application, bring a proceeding 13 before a building and development committee for a 14 declaration about whether the application is a properly made 15 application. 16 (4) However, a person can not seek a declaration under this 17 section about-- 18 (a) whether a development application includes or is 19 supported by the written consent of the owner of the 20 land the subject of the application; or 21 (b) if the development application involves a State resource 22 prescribed under a regulation for section 23 264(1)--whether the application is supported by 24 evidence prescribed under the regulation for the 25 development. 26 511 Declaration about acknowledgement notices 27 (1) This section applies to a development application if the 28 application is only for a material change of use of premises 29 that involves the use of a prescribed building. 30 Page 347

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 512] (2) The applicant for the development application may, within 20 1 business days after receiving an acknowledgement notice for 2 the application, bring a proceeding before a building and 3 development committee for a declaration about a matter stated 4 in the notice. 5 512 Declaration about lapsing of request for compliance 6 assessment 7 A person requesting compliance assessment of development, 8 a document or work, or the compliance assessor for the 9 request, may bring a proceeding before a building and 10 development committee for a declaration about whether the 11 request has lapsed under this Act. 12 513 Declaration about change to development approval 13 (1) This section applies to a development approval if the approval 14 is only for a material change of use of premises that involves 15 the use of a prescribed building. 16 (2) A person may bring a proceeding before a building and 17 development committee for a declaration that a change sought 18 by the person to the approval is a permissible change, unless 19 the responsible entity for making the change is the Minister or 20 the Court. 21 (3) If the responsible entity for making the change is other than 22 the Minister or the Court, the responsible entity may bring a 23 proceeding before a building and development committee for 24 a declaration about whether a proposed change to the approval 25 is a permissible change. 26 Page 348

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 514] Subdivision 2 Proceedings for declarations 1 514 How proceedings for declarations are started 2 (1) A person starts a proceeding for a declaration by lodging an 3 application for the declaration, in the approved form, with the 4 registrar of building and development committees. 5 (2) The application must be accompanied by the fee prescribed 6 under a regulation. 7 515 Fast-track proceedings for declarations 8 (1) A person who is entitled to bring a proceeding under this 9 division may, by written request, ask the chief executive to 10 appoint a building and development committee to start 11 hearing the proceeding within 2 business days after starting 12 the proceeding. 13 (2) A request made under subsection (1) must be accompanied by 14 the fee prescribed under a regulation. 15 (3) The chief executive may grant or refuse the request. 16 (4) The chief executive may grant the request only if all the 17 parties to the proceeding, including any person who could 18 elect to become a co-respondent, have agreed in writing to the 19 request. 20 (5) If the chief executive grants the request, the chief executive 21 may as a condition of granting the request require the person 22 making the request to pay-- 23 (a) the reasonable costs of the respondent and any 24 co-respondents for the proceeding after the request is 25 granted; and 26 (b) an additional fee prescribed under a regulation. 27 (6) If the request is granted, any notice of the proceeding to be 28 given under this subdivision must be given before any hearing 29 for the proceeding starts. 30 Page 349

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 516] 516 Notice of proceedings to other parties 1 For a proceeding under this division, the registrar must, within 2 10 business days after the day the proceeding is started, give 3 written notice of the proceeding to-- 4 (a) for a proceeding under section 510-- 5 (i) if the applicant is the person starting the 6 proceeding--the assessment manager; or 7 (ii) if the assessment manager is the person starting the 8 proceeding--the applicant; or 9 (b) for a proceeding under section 511--the assessment 10 manager; or 11 (c) for a proceeding under section 512-- 12 (i) if the person starting the proceeding is the person 13 who made the request for compliance 14 assessment--the compliance assessor; or 15 (ii) if the person starting the proceeding is the 16 compliance assessor--the person who made the 17 request for compliance assessment; or 18 (d) for a proceeding under section 513-- 19 (i) if the person starting the proceeding is the person 20 seeking to change the development approval--the 21 responsible entity for making the change; or 22 (ii) if the person starting the proceeding is the 23 responsible entity for making the change--the 24 person seeking to change the development 25 approval. 26 517 Respondent for declarations 27 (1) If an applicant for a development application brings a 28 proceeding for a declaration under section 510 or 511, the 29 assessment manager is the respondent for the proceeding. 30 Page 350

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 518] (2) If the assessment manager brings a proceeding for a 1 declaration about a development application under section 2 510, the applicant is the respondent for the proceeding. 3 (3) If a person requesting compliance assessment of development, 4 a document or work brings a proceeding for a declaration 5 under section 512, the compliance assessor for the request is 6 the respondent for the proceeding. 7 (4) If the compliance assessor for a request for compliance 8 assessment of development, a document or work brings a 9 proceeding for a declaration under section 512, the person 10 requesting compliance assessment is the respondent for the 11 proceeding. 12 (5) If a person seeking a change to a development approval brings 13 a proceeding for a declaration under section 513 about the 14 change, the responsible entity for making the change is the 15 respondent for the proceeding. 16 (6) If the responsible entity for making a change to a development 17 approval brings a proceeding for a declaration under section 18 513, the person seeking the change is the respondent for the 19 proceeding. 20 (7) The respondent for a proceeding for a declaration is entitled to 21 be heard in the proceeding as a party to the proceeding. 22 518 Minister entitled to be represented in proceeding 23 involving a State interest 24 If the Minister is satisfied a proceeding for a declaration 25 involves a State interest, the Minister is entitled to be 26 represented in the proceeding. 27 Page 351

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 519] Division 4 Appeals to committees about 1 development applications and 2 approvals 3 Subdivision 1 Appeals about particular material 4 changes of use 5 519 Appeal by applicant--particular development application 6 for material change of use of premises 7 (1) This section applies to a development application if the 8 application is only for a material change of use of premises 9 that involves the use of a prescribed building. 10 (2) However, this section does not apply to the development 11 application if any part of the application required impact 12 assessment and any properly made submissions were received 13 by the assessment manager for the application. 14 (3) The applicant for the development application may appeal to a 15 building and development committee against any of the 16 following-- 17 (a) the refusal, or the refusal in part, of the application; 18 (b) any condition of the development approval and another 19 matter, other than the identification or inclusion of a 20 code under section 242, stated in the development 21 approval; 22 (c) the decision to give a preliminary approval when a 23 development permit was applied for; 24 (d) the length of a period mentioned in section 341; 25 (e) a deemed refusal of the application. 26 (4) An appeal under subsection (3)(a), (b), (c) or (d) must be 27 started within 20 business days (the applicant's appeal 28 period) after-- 29 Page 352

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 520] (a) if a decision notice or negotiated decision notice is 1 given--the day the decision notice or negotiated 2 decision notice is given to the applicant; or 3 (b) otherwise--the day a decision notice was required to be 4 given to the applicant. 5 (5) An appeal under subsection (3)(e) may be started at any time 6 after the last day a decision on the matter should have been 7 made. 8 520 Appeal about decision relating to extension for 9 development approval 10 (1) This section applies to a development approval if the approval 11 is only for a material change of use of premises that involves 12 the use of a prescribed building. 13 (2) A person to whom a notice is given under section 389 in 14 relation to the development approval, other than a notice for a 15 decision under section 386(2), may appeal to a building and 16 development committee against a decision in the notice. 17 (3) The appeal must be started within 20 business days after the 18 day the notice of the decision is given to the person. 19 521 Appeal about decisions relating to permissible changes 20 (1) This section applies to a development approval if the approval 21 is only for a material change of use of premises that involves 22 the use of a prescribed building. 23 (2) The following persons may appeal to a building and 24 development committee against a decision on a request to 25 make a permissible change to the development approval, other 26 than a deemed refusal of the request-- 27 (a) if the responsible entity for making the change is the 28 assessment manager for the development application to 29 which the approval relates-- 30 (i) the person who made the request; or 31 Page 353

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 522] (ii) an entity that gave a notice under section 373 or a 1 pre-request response notice about the request; 2 (b) if the responsible entity for making the change is a 3 concurrence agency for the development 4 application--the person who made the request. 5 (3) The appeal must be started within 20 business days after the 6 day the person is given notice of the decision on the request 7 under section 376. 8 Subdivision 2 Appeals about conditions of 9 particular development approvals 10 522 Appeal by applicant--condition of particular 11 development approval 12 (1) This section applies to a development application if-- 13 (a) the application is only for a material change of use that 14 involves the use of a building classified under the BCA 15 as a class 2 building; and 16 (b) the proposed development is for premises of not more 17 than 3 storeys; and 18 (c) the proposed development is for not more than 60 sole- 19 occupancy units. 20 (2) However, this section does not apply to the development 21 application if any part of the application required impact 22 assessment and any properly made submissions were received 23 by the assessment manager for the application. 24 (3) The applicant for the development application may appeal to a 25 building and development committee against a condition of 26 the development approval. 27 (4) The appeal must be started within 20 business days (the 28 applicant's appeal period) after-- 29 Page 354

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 523] (a) if a decision notice or negotiated decision notice is 1 given--the day the decision notice or negotiated 2 decision notice is given to the applicant; or 3 (b) otherwise--the day a decision notice was required to be 4 given to the applicant. 5 (5) In this section-- 6 sole-occupancy unit, in relation to a class 2 building, means a 7 room or other part of the building used as a dwelling by a 8 person to the exclusion of any other person. 9 storey means a space within a building between 2 floor levels, 10 or a floor level and a ceiling or roof, other than-- 11 (a) a space containing only-- 12 (i) a lift shaft, stairway or meter room; or 13 (ii) a bathroom, shower room, laundry, water closet or 14 other sanitary compartment; or 15 (iii) accommodation for not more than 3 motor 16 vehicles; or 17 (iv) a combination of any things mentioned in 18 subparagraph (i), (ii) or (iii); or 19 (b) a mezzanine. 20 Division 5 Appeals to committees about 21 compliance assessment 22 523 Appeal against decision on request for compliance 23 assessment 24 (1) A person who is given an action notice about a request for 25 compliance assessment of development, a document or work 26 may appeal to a building and development committee against 27 the decision in the notice. 28 Page 355

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 524] (2) The appeal must be started within 20 business days after the 1 day the notice is given to the person. 2 524 Appeal against condition imposed on compliance permit 3 or certificate 4 (1) A person who is given a compliance permit or compliance 5 certificate subject to any conditions may appeal to a building 6 and development committee against the decision to impose 7 the condition. 8 (2) The appeal must be started within 20 business days after the 9 day the compliance permit or compliance certificate is given 10 to the person. 11 525 Appeals against particular decisions about compliance 12 assessment 13 (1) A person who is given any of the following notices may 14 appeal to a building and development committee against the 15 decision in the notice-- 16 (a) a notice of a decision on a request to change or withdraw 17 an action notice; 18 (b) a notice under section 413(2)(c) about a decision to 19 refuse to change a compliance permit or compliance 20 certificate. 21 (2) The appeal must be started within 20 business days after the 22 day the notice is given to the person. 23 Page 356

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 526] Division 6 Appeals to committees about 1 building, plumbing and drainage 2 and other matters 3 Subdivision 1 Preliminary 4 526 Matters about which a person may appeal under div 6 5 An appeal to a building and development committee under 6 this division may only be about-- 7 (a) a matter under this Act that relates to the Building Act, 8 other than a matter under that Act that may or must be 9 decided by the Queensland Building Services Authority, 10 or the Plumbing and Drainage Act 2002; or 11 (b) a matter that under another Act may be appealed to a 12 building and development committee; or 13 (c) a matter prescribed under a regulation. 14 Note-- 15 For appeals against the Queensland Building Services Authority's 16 decisions under the Building Act, see the Building Act, section 189 17 (Appeals to Commercial and Consumer Tribunal about decisions under 18 pt 3). 19 Subdivision 2 Appeals about development 20 applications and approvals 21 527 Appeals by applicants 22 (1) An applicant for a development application may appeal to a 23 building and development committee against any of the 24 following-- 25 (a) the refusal, or the refusal in part, of the application; 26 Page 357

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 528] (b) any condition of the development approval and another 1 matter, other than the identification or inclusion of a 2 code under section 242, stated in the development 3 approval; 4 (c) the decision to give a preliminary approval when a 5 development permit was applied for; 6 (d) the length of a period mentioned in section 341; 7 (e) a deemed refusal of the application. 8 (2) An appeal under subsection (1)(a), (b), (c) or (d) must be 9 started within 20 business days (the applicant's appeal 10 period) after-- 11 (a) if a decision notice or negotiated decision notice is 12 given--the day the decision notice or negotiated 13 decision notice is given to the applicant; or 14 (b) otherwise--the day a decision notice was required to be 15 given to the applicant. 16 (3) An appeal under subsection (1)(e) may be started at any time 17 after the last day a decision on the matter should have been 18 made. 19 528 Appeal by advice agency 20 (1) An advice agency may, within the limits of its jurisdiction, 21 appeal to a building and development committee about the 22 giving of a development approval if the development 23 application involves code assessment for the aspect of 24 building work to be assessed against the Building Act. 25 (2) The appeal must be started-- 26 (a) within 10 business days after the day the decision notice 27 or negotiated decision notice is given to the advice 28 agency; or 29 (b) for a deemed approval for which a decision notice or 30 negotiated decision notice has not been given--within 31 Page 358

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 529] 20 business days after receiving a copy of the deemed 1 approval notice for the application from the applicant. 2 529 Appeal about decision relating to extension for 3 development approval 4 (1) For a development approval given for a development 5 application, a person to whom a notice is given under section 6 389, other than a notice for a decision under section 386(2), 7 may appeal to a building and development committee against 8 a decision in the notice. 9 (2) The appeal must be started within 20 business days after the 10 day the notice of the decision is given to the person. 11 530 Appeal about decision relating to permissible changes 12 (1) For a development approval given for a development 13 application, the following persons may appeal to a building 14 and development committee against a decision on a request to 15 make a permissible change to the approval, other than a 16 deemed refusal of the request-- 17 (a) if the responsible entity for making the change is the 18 assessment manager for the application to which the 19 approval relates-- 20 (i) the person who made the request; or 21 (ii) an entity that gave a notice under section 373 or a 22 pre-request response notice about the request; 23 (b) if the responsible entity for making the change is a 24 concurrence agency for the application to which the 25 approval relates--the person who made the request. 26 (2) The appeal must be started within 20 business days after the 27 day the person is given notice of the decision on the request 28 under section 376. 29 Page 359

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 531] 531 Appeals about changing or cancelling conditions 1 imposed by assessment manager or concurrence 2 agency 3 (1) A person to whom a notice under section 378(9)(b), giving a 4 decision to change or cancel a condition of a development 5 approval, has been given may appeal to a building and 6 development committee against the decision in the notice. 7 (2) The appeal must be started within 20 business days after the 8 day the notice of the decision is given to the person. 9 Subdivision 3 Other matters 10 532 Appeals for building and plumbing and drainage matters 11 (1) If-- 12 (a) a person has been given, or is entitled to be given-- 13 (i) an information notice under the Building Act about 14 a decision other than a decision under that Act 15 made by the Queensland Building Services 16 Authority; or 17 (ii) an information notice under the Plumbing and 18 Drainage Act 2002 about a decision under part 4 or 19 5 of that Act; or 20 (b) a person-- 21 (i) was an applicant for a building development 22 approval; and 23 (ii) is dissatisfied with a decision under the Building 24 Act by a building certifier or referral agency about 25 inspection of building work the subject of the 26 approval; 27 the person may appeal against the decision to a building and 28 development committee. 29 Page 360

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 533] (2) An appeal under subsection (1) must be started within 20 1 business days after the day the person is given notice of the 2 decision. 3 (3) If-- 4 (a) under the Building Act, a person makes an application 5 other than a building development application to a local 6 government; and 7 (b) the period required under that Act for the local 8 government to decide the application (the decision 9 period) has passed; and 10 (c) the local government has not decided the application; 11 the person may appeal to a building and development 12 committee against the lack of the decision and for the 13 committee to decide the application as if it were the local 14 government. 15 (4) An appeal under subsection (3) must be started within 20 16 business days after the end of the decision period. 17 533 Appeals against enforcement notices 18 (1) A person who is given an enforcement notice may appeal to a 19 building and development committee against the giving of the 20 notice. 21 (2) The appeal must be started within 20 business days after the 22 day the notice is given to the person. 23 534 Stay of operation of enforcement notice 24 (1) The lodging of a notice of appeal about an enforcement notice 25 stays the operation of the enforcement notice until-- 26 (a) the building and development committee, on the 27 application of the entity issuing the notice, decides 28 otherwise; or 29 (b) the appeal is withdrawn; or 30 Page 361

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 535] (c) the appeal is dismissed. 1 (2) However, subsection (1) does not apply if the enforcement 2 notice is about-- 3 (a) a work, if the enforcement notice states the entity 4 believes the work is a danger to persons or a risk to 5 public health; or 6 (b) stopping the demolition of a work; or 7 (c) clearing vegetation on freehold land; or 8 (d) the removal of quarry material allocated under the Water 9 Act 2000; or 10 (e) extracting clay, gravel, rock, sand or soil, not mentioned 11 in paragraph (d), from Queensland waters; or 12 (f) development the assessing authority reasonably believes 13 is causing erosion or sedimentation; or 14 (g) development the assessing authority reasonably believes 15 is causing an environmental nuisance. 16 Division 7 Appeals about particular charges 17 535 Appeals about charges for infrastructure 18 (1) This section applies to a person who-- 19 (a) has been given-- 20 (i) an infrastructure charges notice, regulated 21 infrastructure charges notice or regulated State 22 infrastructure charges notice; or 23 (ii) a negotiated infrastructure charges notice, 24 negotiated regulated infrastructure charges notice 25 or negotiated regulated State infrastructure charges 26 notice; and 27 (b) is dissatisfied with the calculation of a charge in the 28 notice. 29 Page 362

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 536] (2) The person may appeal to a building and development 1 committee about an error in the calculation of the charge. 2 (3) An appeal about a notice mentioned in subsection (1)(a) must 3 be started within 20 business days after the day the notice is 4 given to the person. 5 (4) To remove any doubt, it is declared that an appeal under this 6 section can not be about the methodology used to establish the 7 charge in the relevant infrastructure charges schedule, 8 regulated infrastructure charges schedule or regulated State 9 infrastructure charges schedule. 10 Division 8 Making appeals to building and 11 development committees 12 536 How appeals to committees are started 13 (1) A person starts an appeal by lodging written notice of appeal, 14 in the approved form, with the registrar of building 15 development committees. 16 (2) The notice of appeal must state the grounds of the appeal and 17 be accompanied by the fee prescribed under a regulation. 18 537 Fast-track appeals 19 (1) A person who is entitled to start an appeal under this part, 20 may, by written request, ask the chief executive to appoint a 21 building and development committee to start hearing the 22 appeal within 2 business days after starting the appeal. 23 (2) A request made under subsection (1) must be accompanied by 24 the fee prescribed under a regulation. 25 (3) The chief executive may grant or refuse the request. 26 (4) The chief executive may grant the request only if all the 27 parties to the appeal, including any person who could elect to 28 become a co-respondent, have agreed in writing to the 29 request. 30 Page 363

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 538] (5) If the chief executive grants the request, the chief executive 1 may as a condition of granting the request require the person 2 making the request to pay-- 3 (a) the reasonable costs of the respondent and any 4 co-respondents for the appeal after the request is 5 granted; and 6 (b) an additional fee prescribed under a regulation. 7 (6) If the request is granted, any notice of appeal to be given and 8 any election to be a co-respondent to the appeal under this part 9 must be given or made before any hearing for the appeal 10 starts. 11 538 Notice of appeal to other parties (under other Acts) 12 (1) For an appeal to a building and development committee under 13 another Act, the registrar must, within 10 business days after 14 the day the appeal is started, give written notice of the appeal 15 to any other person the registrar considers appropriate. 16 (2) The notice must state the grounds of the appeal. 17 539 Notice of appeal to other parties (div 4) 18 (1) The registrar must, within 10 business days after the day the 19 appeal is started, give written notice of an appeal under 20 division 4 to-- 21 (a) for an appeal under section 519--the assessment 22 manager and any concurrence agency for an aspect of 23 the development application the subject of the appeal; 24 and 25 (b) for an appeal under section 520-- 26 (i) the assessment manager and any concurrence 27 agency for the development application the subject 28 of the appeal; and 29 Page 364

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 540] (ii) if the person who made the request for the 1 extension is not the appellant--the person who 2 made the request; and 3 (c) for an appeal under section 521-- 4 (i) the responsible entity for making the change to 5 which the appeal relates; and 6 (ii) if the responsible entity is the assessment 7 manager--any entity that was a concurrence 8 agency for the development application the subject 9 of the appeal; and 10 (iii) if the person who made the request for the 11 permissible change is not the appellant--the 12 person who made the request; and 13 (d) for an appeal under section 522--the assessment 14 manager and any concurrence agency for an aspect of 15 the development application the subject of the appeal. 16 (2) The notice must state-- 17 (a) the grounds of the appeal; and 18 (b) if the person given the notice is not the respondent or a 19 co-respondent under this division--that the person, 20 within 10 business days after the day the notice is given, 21 may elect to become a co-respondent to the appeal. 22 540 Notice of appeal to other parties (div 5) 23 (1) The registrar must, within 10 business days after the day the 24 appeal is started, give written notice of an appeal under 25 division 5 to-- 26 (a) if the appellant is a person to whom an action notice, 27 compliance permit or compliance certificate has been 28 given-- 29 (i) the compliance assessor who gave the notice, 30 permit or certificate; and 31 Page 365

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 541] (ii) if the compliance assessor was a nominated entity 1 of a local government and a copy of the request for 2 compliance assessment was given to the local 3 government under section 402--the local 4 government; or 5 (b) if the appellant is a person to whom a notice mentioned 6 in section 525(1) has been given-- 7 (i) the entity that gave the notice; and 8 (ii) if the entity that gave the notice was a nominated 9 entity of a local government and the written 10 agreement of the local government was required 11 for the giving of the notice--the local government. 12 (2) The notice must state the grounds of the appeal. 13 541 Notice of appeal to other parties (div 6) 14 (1) The registrar must, within 10 business days after the day the 15 appeal is started, give written notice of an appeal under 16 division 6 to-- 17 (a) for an appeal under section 527--the assessment 18 manager, the private certifier, if any, and any 19 concurrence agency for an aspect of the development 20 application the subject of the appeal; and 21 (b) for an appeal under section 528-- 22 (i) the applicant for the development application the 23 subject of the appeal; and 24 (ii) the assessment manager, the private certifier, if 25 any, and any concurrence agency for an aspect of 26 the development application the subject of the 27 appeal; and 28 (c) for an appeal under section 529-- 29 (i) the assessment manager, the private certifier, if 30 any, and any concurrence agency for an aspect of 31 Page 366

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 541] the development application the subject of the 1 appeal; and 2 (ii) if the person who made the request for the 3 extension is not the appellant--the person who 4 made the request; and 5 (d) for an appeal under section 530-- 6 (i) the responsible entity for making the change; and 7 (ii) if the responsible entity is the assessment 8 manager--the private certifier, if any, and any 9 entity that was a concurrence agency for the 10 development application the subject of the appeal; 11 and 12 (iii) if the person who made the request for the 13 permissible change is not the appellant--the 14 person who made the request; and 15 (e) for an appeal under section 531--the entity that gave the 16 notice mentioned in the section; and 17 (f) for an appeal under section 532(1)--the entity that gave 18 the notice or made the decision mentioned in the 19 subsection; and 20 (g) for an appeal under section 532(3)--the local 21 government to whom the application mentioned in the 22 subsection was made; and 23 (h) for an appeal under section 533--the entity that gave the 24 enforcement notice, and, if the entity is not the local 25 government, the local government. 26 (2) The notice must state-- 27 (a) the grounds of the appeal; and 28 (b) if the person given the notice is not the respondent or a 29 co-respondent under this division and the appeal is other 30 than under section 532 or 533--that the person, within 31 10 business days after the day the notice is given, may 32 elect to become a co-respondent to the appeal. 33 Page 367

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 542] 542 Notice of appeal to other parties (s 535) 1 (1) The registrar must, within 10 business days after the day the 2 appeal is started, give written notice of an appeal under 3 section 535 to the entity that gave the relevant notice 4 mentioned in section 535(1)(a). 5 (2) The notice must state the grounds of the appeal. 6 543 Respondent and co-respondents for appeals under s 519, 7 522 or 527 8 (1) This section applies to an appeal under section 519, 522 or 9 527 for a development application. 10 (2) The assessment manager is the respondent for the appeal. 11 (3) If the appeal is about a concurrence agency's response, the 12 concurrence agency is a co-respondent for the appeal. 13 (4) If the appeal is only about a concurrence agency's response, 14 the assessment manager may apply to the building and 15 development committee to withdraw from the appeal. 16 (5) A person to whom a notice of appeal is required to be given 17 under section 539 or 541 and who is not the respondent or a 18 co-respondent for the appeal under subsections (1) to (3) may 19 elect to be a co-respondent. 20 544 Respondent and co-respondents for appeals under s 520 21 or 529 22 For an appeal under section 520 or 529-- 23 (a) the assessment manager for the development application 24 the subject of the appeal is the respondent for the 25 appeal; and 26 (b) the person asking for the extension the subject of the 27 appeal is a co-respondent, if the appeal is started by a 28 concurrence agency that gave the assessment manager a 29 notice under section 385; and 30 Page 368

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 545] (c) any other person to whom a notice of the appeal is 1 required to be given under section 539 or 541 for the 2 appeal may elect to be a co-respondent. 3 545 Respondent and co-respondents for appeals under s 521 4 or 530 5 For an appeal under section 521 or 530-- 6 (a) the responsible entity for making the change is the 7 respondent for the appeal; and 8 (b) if the responsible entity is the assessment manager-- 9 (i) if the appeal is started by a person who gave a 10 notice under section 373 or a pre-request response 11 notice--the person who made the request for the 12 change is a co-respondent; and 13 (ii) any other person given notice of the appeal may 14 elect to become a co-respondent. 15 546 Respondent and co-respondents for appeals under s 528 16 For an appeal under section 528-- 17 (a) the assessment manager for the development application 18 the subject of the appeal is the respondent for the 19 appeal; and 20 (b) the applicant for the development application is a 21 co-respondent for the appeal; and 22 (c) any other person to whom a notice of the appeal is 23 required to be given under section 541 may elect to be a 24 co-respondent. 25 547 Respondent and co-respondents for appeals under s 531, 26 532, 533 or 535 27 (1) This section applies to an appeal under section 531, 532, 533 28 or 535. 29 Page 369

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 548] (2) An entity required under section 541 or 542 to be given a 1 notice of the appeal is the respondent for the appeal. 2 (3) However, if under section 541(1)(h) more than 1 entity is 3 required to be given notice-- 4 (a) the entity that gave the enforcement notice the subject of 5 the appeal is the respondent; but 6 (b) the local government may elect to be a co-respondent. 7 548 Respondent and co-respondents for appeals under div 5 8 (1) For an appeal under section 523 or 524-- 9 (a) the compliance assessor is the respondent; and 10 (b) if the compliance assessor is a nominated entity of a 11 local government and the appeal relates to a matter 12 required by a local government--the local government 13 is a co-respondent. 14 (2) However, if the appeal is only about a matter required by the 15 local government, the compliance assessor may apply to the 16 building and development committee to withdraw from the 17 appeal. 18 (3) For an appeal under section 525-- 19 (a) the entity that gave the notice to which the appeal relates 20 is the respondent; and 21 (b) if the entity mentioned in paragraph (a) is a nominated 22 entity of a local government and the local government 23 did not agree to the request mentioned in section 24 525(1)--the local government is a co-respondent. 25 (4) However, if the appeal is only about the local government's 26 refusal of the request, the entity that gave the notice to which 27 the appeal relates may apply to the building and development 28 committee to withdraw from the appeal. 29 Page 370

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 549] 549 How a person may elect to be co-respondent 1 An entity elects to be a co-respondent by lodging in the 2 building and development committee, within 10 business days 3 after the day the notice of the appeal is given to the entity, a 4 notice of election in the approved form. 5 550 Respondent and co-respondents to be heard in appeal 6 The respondent and any co-respondents for an appeal are each 7 entitled to be heard in the appeal as a party to the appeal. 8 551 Registrar must ask assessment manager for material in 9 particular proceedings 10 (1) If an appeal is about a deemed refusal or a deemed approval of 11 a development application, the registrar must ask the 12 assessment manager to give the registrar-- 13 (a) all material, including plans and specifications, about 14 the aspect of the application being appealed; and 15 (b) a statement of the reasons the assessment manager had 16 not decided the application during the decision-making 17 period or extended decision-making period; and 18 (c) any other information the registrar requires. 19 (2) The assessment manager must give the material mentioned in 20 subsection (1) within 10 business days after the day the 21 registrar asks for the material. 22 552 Minister entitled to be represented in an appeal involving 23 a State interest 24 If the Minister is satisfied an appeal involves a State interest, 25 the Minister is entitled to be represented in the appeal. 26 Page 371

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 553] 553 Lodging appeal stops particular actions 1 (1) If an appeal is started under section 519, 522, 527 or 528 the 2 development must not be started until the appeal is decided or 3 withdrawn. 4 (2) If an appeal is about a condition imposed on a compliance 5 permit, the development must not be started until the appeal is 6 decided or withdrawn. 7 (3) Despite subsections (1) and (2), if the building and 8 development committee is satisfied the outcome of the appeal 9 would not be affected if the development or part of the 10 development is started before the appeal is decided, the 11 committee may allow the development or part of the 12 development to start before the appeal is decided. 13 Division 9 Process for appeals or proceedings 14 for declarations in building and 15 development committees 16 554 Establishing a building and development committee 17 (1) When the registrar of building and development committees 18 receives a notice of appeal or an application for a declaration 19 within the time stated for starting the appeal or bringing the 20 proceeding for the declaration, the registrar must give a copy 21 of the notice or application to the chief executive. 22 (2) On receiving a copy of a notice of appeal or an application for 23 a declaration from the registrar, the chief executive must, by 24 the written appointment of a referee or referees, establish a 25 building and development committee to decide the appeal or 26 hear the proceeding for the declaration. 27 (3) The registrar must give each party to the appeal or proceeding 28 for the declaration written notice that a building and 29 development committee has been established. 30 (4) If the registrar receives a notice of appeal that is not within the 31 time stated for starting the appeal, the registrar must give the 32 Page 372

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 555] appellant notice stating that the notice of appeal is of no effect 1 because it was not received within the time stated for starting 2 the appeal. 3 (5) If the registrar receives an application for a declaration that is 4 not within the time stated for bringing the proceeding for the 5 declaration, the registrar must give the applicant notice stating 6 that the application is of no effect because it was not received 7 within the time stated for bringing the proceeding. 8 555 Procedures of committees 9 (1) A building and development committee must-- 10 (a) conduct its business in the way prescribed under a 11 regulation or, in so far as the way is not prescribed, as it 12 considers appropriate; and 13 (b) make its decisions in a timely way. 14 (2) A building and development committee may-- 15 (a) sit at the times and places it decides; and 16 (b) hear an appeal and application for a declaration 17 together; and 18 (c) hear 2 or more appeals or applications for a declaration 19 together. 20 556 Costs 21 Each party to an appeal or a proceeding for a declaration must 22 bear the party's own costs for the appeal or proceeding. 23 557 Committee may allow longer period to take an action 24 (1) In this part, if an action must be taken within a specified time, 25 the building and development committee may allow a longer 26 time to take the action if the committee is satisfied there are 27 sufficient grounds for the extension. 28 Page 373

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 558] (2) Subsection (1) does not apply to a notice of appeal or an 1 application for a declaration that is not received within the 2 time stated for starting the appeal or proceeding for the 3 declaration. 4 558 Appeal or other proceedings may be by hearing or written 5 submission 6 The chairperson of the building and development committee 7 must decide whether the committee will-- 8 (a) conduct a hearing for the appeal or application for the 9 declaration; or 10 (b) if all the parties to the appeal or application 11 agree--decide the appeal or application on the basis of 12 written submissions. 13 559 Appeals or other proceedings by hearing 14 If the appeal or application for the declaration is to be decided 15 by way of a hearing, the chairperson must-- 16 (a) fix a time and place for the hearing; and 17 (b) give all the parties to the appeal or proceeding for the 18 declaration written notice of the time and place of the 19 hearing. 20 560 Right to representation at hearing 21 (1) A party to an appeal or a proceeding for a declaration may 22 appear in person or be represented by an agent. 23 (2) A person must not be represented at an appeal or a proceeding 24 for a declaration by an agent who is a lawyer. 25 561 Conduct of hearings 26 (1) In conducting a hearing, the building and development 27 committee-- 28 Page 374

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 562] (a) need not proceed in a formal way; and 1 (b) is not bound by the rules of evidence; and 2 (c) may inform itself in the way it considers appropriate; 3 and 4 (d) may seek the views of any person; and 5 (e) must give all persons appearing before it reasonable 6 opportunity to be heard; and 7 (f) may prohibit or regulate questioning in the hearing. 8 (2) The building and development committee may hear an appeal 9 or conduct a proceeding for a declaration without hearing a 10 person if the person is not present or represented at the time 11 and place appointed for hearing the person. 12 (3) If, because of the time available for conducting the appeal or 13 other proceeding, a person does not have an opportunity to be 14 heard, or fully heard, the person may make a written 15 submission about the matter to the building and development 16 committee. 17 562 Appeals or other proceedings by written submission 18 (1) If the building and development committee is to decide the 19 appeal or application for the declaration on the basis of 20 written submissions, the chairperson must-- 21 (a) decide a reasonable time within which the committee 22 may accept the written submissions; and 23 (b) give the parties written notice that the appeal or 24 application is to be decided on the basis of written 25 submissions. 26 (2) The notice must ask for written submissions about the 27 appellant's grounds of appeal, or the application, to be given 28 to the chairperson within the time decided under subsection 29 (1)(a). 30 Page 375

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 563] 563 Matters committee may consider in making a decision 1 (1) This section applies if the appeal or application for the 2 declaration is about-- 3 (a) a development application, including about a 4 development approval given for a development 5 application; or 6 (b) a request for compliance assessment, including an 7 action notice, compliance permit or compliance 8 certificate. 9 (2) The building and development committee must decide the 10 appeal or application based on the laws and policies applying 11 when the development application or request was made, but 12 may give the weight to any new laws and policies the 13 committee considers appropriate. 14 564 Appeal decision 15 (1) In deciding an appeal the building and development 16 committee may make the orders and directions it considers 17 appropriate. 18 (2) Without limiting subsection (1), the building and 19 development committee may-- 20 (a) confirm the decision appealed against; or 21 (b) change the decision appealed against; or 22 (c) set aside the decision appealed against and make a 23 decision replacing the decision set aside; or 24 (d) for a deemed refusal of a development application-- 25 (i) order the assessment manager to decide the 26 application or request by a stated time; and 27 (ii) if the assessment manager does not comply with 28 the order under subparagraph (i)--decide the 29 application; or 30 Page 376

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 565] (e) if the application is for building work--with the consent 1 of the appellant, vary the application so that the building 2 and development committee is satisfied-- 3 (i) the building, when erected, will not have an 4 extremely adverse effect on the amenity or likely 5 amenity of the building's neighbourhood; and 6 (ii) the aesthetics of the building, when erected, will 7 not be in extreme conflict with the character of the 8 building's neighbourhood. 9 (3) If the building and development committee acts under 10 subsection (2)(b), (c), (d)(ii) or (e), the committee's decision 11 is taken, for this Act, other than this division, to be the 12 decision of the entity that made the decision being appealed. 13 (4) The chairperson of the building and development committee 14 must give all parties to the appeal written notice of the 15 committee's decision. 16 Note-- 17 Any person receiving a notice may appeal the decision. See section 479 18 (Appeals from building and development committees). 19 (5) The decision of the building and development committee 20 takes effect-- 21 (a) if a party to the proceeding does not appeal against the 22 decision--at the end of the period during which the 23 committee's decision may be appealed; or 24 (b) if an appeal is made to the court against the committee's 25 decision--subject to the decision of the court, when the 26 appeal is finally decided or withdrawn. 27 565 Committee may make orders about declaration 28 A building and development committee may make orders 29 about a declaration made by the committee. 30 Page 377

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 566] 566 Declaration decision 1 The chairperson of the building and development committee 2 must give all parties to a proceeding for a declaration a written 3 notice of the committee's declaration and any orders made by 4 the committee for the declaration. 5 567 When decision may be made without representation or 6 submission 7 The building and development committee may decide an 8 appeal or application for a declaration without the 9 representations or submissions of a person who has been 10 given a notice under section 559(b) or section 562(1)(b) if-- 11 (a) for a hearing without written submissions--the person 12 does not appear at the hearing; or 13 (b) for a hearing on the basis of written submissions--the 14 person's submissions are not received within the time 15 stated in the notice given under section 562(1). 16 568 Notice of compliance 17 If the building and development committee orders or directs 18 the assessment manager, including a private certifier acting as 19 an assessment manager, or a compliance assessor to do 20 something, the assessment manager or compliance assessor 21 must, after doing the thing, give the registrar written notice of 22 doing the thing. 23 569 Publication of committee decisions 24 The registrar may publish decisions of a building and 25 development committee under arrangements, and in the way, 26 approved by the chief executive. 27 Page 378

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 570] Division 10 Referees 1 570 Appointment of referees 2 (1) The Minister, by gazette notice, may appoint the number of 3 persons the Minister considers appropriate to be general 4 referees under this Act. 5 (2) The chief executive may, by written notice, appoint persons to 6 be aesthetics referees for a building and development 7 committee established under section 502(4). 8 (3) A public service officer may be appointed as a referee. 9 (4) A public service officer appointed under this section holds the 10 appointment concurrently with any other appointment the 11 officer holds in the public service. 12 571 Qualifications of general referees 13 A general referee may be appointed as a member of a building 14 and development committee to hear and decide a matter only 15 if the general referee has the qualifications, experience or 16 qualifications and experience prescribed for the matter under a 17 regulation. 18 572 Term of referee's appointment 19 (1) A person may be appointed-- 20 (a) as a general referee--for the term the Minister considers 21 appropriate, but the term must not be longer than 3 22 years; and 23 (b) as an aesthetics referee--for hearing 1 or more 24 decisions, about the amenity and aesthetics of a 25 building, that have been appealed. 26 (2) The term of appointment of a general referee must be stated in 27 the notice of appointment. 28 (3) A referee may be reappointed. 29 Page 379

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 2 Building and development dispute resolution committees [s 573] (4) A referee may at any time resign the referee's appointment by 1 signed notice given to-- 2 (a) if the referee is a general referee--the Minister; or 3 (b) if the referee is an aesthetics referee--the chief 4 executive. 5 (5) The Minister may cancel a general referee's appointment at 6 any time. 7 (6) The chief executive may cancel an aesthetics referee's 8 appointment at any time. 9 573 General referee to make declaration 10 (1) A person appointed as a general referee must-- 11 (a) sign a declaration in the approved form; and 12 (b) give the declaration to the chief executive as soon as the 13 declaration is signed. 14 (2) The person must not sit as a member of a building and 15 development committee until the declaration has been given 16 to the chief executive. 17 Page 380

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 574] Part 3 Provisions about offences, 1 notices and orders 2 Division 1 Particular offences and exemptions 3 Subdivision 1 Development offences 4 574 Self-assessable development must comply with codes 5 (1) A person must comply with applicable codes for 6 self-assessable development. 7 Maximum penalty--165 penalty units. 8 (2) Subsection (1) does not apply to a contravention of a standard 9 environmental condition of a code of environmental 10 compliance under the Environmental Protection Act. 11 575 Carrying out development without compliance permit 12 (1) A person must not carry out development requiring 13 compliance assessment unless there is an effective compliance 14 permit for the development. 15 Maximum penalty--1665 penalty units. 16 (2) Subsection (1) applies subject to sections 584, 585 and 586. 17 576 Compliance with compliance permit or compliance 18 certificate 19 (1) A person must not contravene a compliance permit, including 20 any condition in the permit. 21 Maximum penalty--165 penalty units. 22 (2) A person must not contravene a condition in a compliance 23 certificate. 24 Page 381

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 577] Maximum penalty--165 penalty units. 1 (3) Subsections (1) and (2) apply subject to subdivision 2. 2 577 Making request for compliance assessment 3 (1) This section applies if, under a regulation or other instrument 4 mentioned in section 397(4), a person is required to request 5 compliance assessment of a document or work within a period 6 stated in the regulation or other instrument. 7 (2) The person must comply with the requirement. 8 Maximum penalty--165 penalty units. 9 578 Carrying out assessable development without permit 10 (1) A person must not carry out assessable development unless 11 there is an effective development permit for the development. 12 Maximum penalty--1665 penalty units. 13 (2) Subsection (1)-- 14 (a) applies subject to subdivision 2; and 15 (b) does not apply to development carried out under section 16 342(3). 17 (3) Despite subsection (1), the maximum penalty is 17000 18 penalty units if the assessable development is on a 19 Queensland heritage place or local heritage place. 20 579 Particular assessable development must comply with 21 codes 22 A person must comply with codes mentioned in section 23 233(2) when carrying out assessable development. 24 Maximum penalty--165 penalty units. 25 Page 382

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 580] 580 Compliance with development approval 1 (1) A person must not contravene a development approval, 2 including any condition in the approval. 3 Maximum penalty--1665 penalty units. 4 (2) Subsection (1) applies subject to subdivision 2. 5 (3) Also, subsection (1) does not apply to a contravention of a 6 condition of a development approval imposed, or required to 7 be imposed, by the administering authority under the 8 Environmental Protection Act as the assessment manager or a 9 concurrence agency for the application for the approval. 10 (4) In subsection (1)-- 11 development approval includes an approval under the 12 repealed LGP&E Act, section 4.4(5) or 4.7(5). 13 Editor's note-- 14 the repealed LGP&E Act, section 4.4 (Assessment of proposed planning 15 scheme amendment) or 4.7 (Assessment of rezoning of land in stages) 16 581 Offence to carry out prohibited development 17 (1) A person must not carry out development that is prohibited 18 development. 19 Maximum penalty--1665 penalty units. 20 (2) Subsection (1) applies subject to section 584 and chapter 9, 21 part 1. 22 (3) Also, subsection (1) does not apply to the carrying out of 23 development under-- 24 (a) a development approval given for a development 25 application (superseded planning scheme); or 26 (b) a compliance permit given for a request for compliance 27 assessment assessed and decided under a superseded 28 planning scheme. 29 Page 383

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 582] 582 Offences about the use of premises 1 Subject to subdivision 2, a person must not use premises-- 2 (a) if the use is not a lawful use; or 3 (b) unless the use is in accordance with-- 4 (i) for premises that have not been designated--a 5 planning scheme or temporary local planning 6 instrument that regulates the use of the premises; 7 or 8 Note-- 9 See sections 80 (Status of planning scheme) and 102 10 (Status of temporary local planning instrument). 11 (ii) for premises that have been designated--any 12 requirements about the use of land that are part of 13 the designation. 14 Note-- 15 See section 202 (What designations may include). 16 Maximum penalty--1665 penalty units. 17 583 Compliance with master plans 18 (1) This section is subject to section 584 and chapter 9, part 1. 19 (2) This section does not apply to development carried out on 20 designated land in accordance with the relevant designation. 21 (3) A person must not carry out development in a declared master 22 planned area if the carrying out of the development is contrary 23 to a master plan for the area. 24 Maximum penalty--1665 penalty units. 25 (4) A person must not carry out development in a declared master 26 planned area if the structure plan for the area requires that the 27 development can not be carried out in the master planned area 28 until there is a master plan for the development. 29 Maximum penalty--1665 penalty units. 30 Page 384

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 584] Subdivision 2 Exemptions 1 584 General exemption for emergency development or use 2 (1) Sections 575, 576, 578, 580, 581, 582 and 583 do not apply to 3 a person if-- 4 (a) the person carries out development or a use, other than 5 operational work that is tidal works or building work to 6 which section 585 or 586 applies, because of an 7 emergency endangering-- 8 (i) the life or health of a person; or 9 (ii) the structural safety of a building; and 10 (b) the person gives written notice of the development or 11 use to the assessing authority as soon as practicable after 12 starting the development or use. 13 (2) However, subsection (1) does not apply if the person is 14 required by an enforcement notice or order to stop carrying 15 out the development or use. 16 585 Coastal emergency exemption for operational work that 17 is tidal works 18 (1) This section applies to operational work (the emergency 19 work) if all of the following circumstances apply-- 20 (a) the emergency work is tidal works; 21 (b) other than for this section, a development permit or 22 compliance permit would have been required to carry 23 out the emergency work; 24 (c) the emergency work is necessary to ensure the following 25 are not, or are not likely to be, endangered by a coastal 26 emergency-- 27 (i) the structural safety of an existing structure for 28 which there is a development permit or compliance 29 permit for operational work that is tidal works; or 30 Page 385

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 585] (ii) the life or health of a person; or 1 (iii) the structural safety of a building. 2 (2) Sections 575, 576, 578, 580 and 582 do not apply to a person 3 who carries out the emergency work if-- 4 (a) the person has made a safety management plan for the 5 emergency work, after having regard to the following 6 matters-- 7 (i) the long-term safety of members of the public who 8 have access to the emergency work or any structure 9 to which the emergency work relates; 10 (ii) if practicable, the advice of any registered 11 professional engineer who has conducted an audit 12 of any structure to which the emergency work 13 relates; and 14 (b) the person complies with the safety management plan; 15 and 16 (c) the person takes reasonable precautions and exercises 17 proper diligence to ensure the emergency work, and any 18 structure to which the emergency work relates, are in a 19 safe condition; and 20 (d) without limiting paragraph (c), the person commissions 21 a registered professional engineer to conduct an audit of 22 any structure to which the emergency work relates, to 23 ensure the emergency work and the structure are in a 24 safe condition; and 25 (e) as soon as reasonably practicable after starting the 26 emergency work, the person-- 27 (i) makes a development application for any 28 development permit, or a request for compliance 29 assessment for any compliance permit, that would 30 otherwise be required for the work; and 31 (ii) gives the assessment manager for the application, 32 or the compliance assessor for the request, written 33 Page 386

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 586] notice of the work and a copy of the safety 1 management plan. 2 (3) However, subsection (2) does not apply if the person is 3 required by an enforcement notice or order to stop carrying 4 out the emergency work. 5 (4) Also, subsection (2) ceases to apply if the development 6 application is refused. 7 (5) If, under subsection (4), subsection (2) ceases to apply, the 8 person must remove the emergency work as soon as 9 practicable. 10 Maximum penalty--1665 penalty units. 11 586 Exemption for building work on Queensland heritage 12 place or local heritage place 13 (1) This section applies to building work (the emergency building 14 work) if-- 15 (a) the work is carried out on a Queensland heritage place 16 or a local heritage place; and 17 (b) other than for this section, a development permit or 18 compliance permit would have been required to carry 19 out the work; and 20 (c) it is necessary to carry out the work because of an 21 emergency endangering-- 22 (i) the life or health of a person; or 23 (ii) the structural safety of a building. 24 (2) Sections 575, 576, 578, 580 and 582 do not apply to a person 25 who carries out the emergency building work if-- 26 (a) before starting the work and if practicable, the person 27 obtains the advice of a registered professional engineer 28 about the work; and 29 (b) the person takes all reasonable steps-- 30 (i) to ensure the work is reversible; or 31 Page 387

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 587] (ii) if the work is not reversible--to limit the impact of 1 the work on the cultural heritage significance of 2 the Queensland heritage place or local heritage 3 place; and 4 (c) as soon as reasonably practicable after starting the work, 5 the person-- 6 (i) makes a development application for any 7 development permit, or a request for compliance 8 assessment for any compliance permit, that would 9 otherwise be required for the work; and 10 (ii) gives the assessment manager for the application, 11 or the compliance assessor for the request, written 12 notice of the work. 13 (3) However, subsection (2) does not apply if the person is 14 required by an enforcement notice or order to stop carrying 15 out the emergency building work. 16 (4) Also, subsection (2) ceases to apply if the development 17 application mentioned in subsection (2)(c) is refused. 18 (5) If, under subsection (4), subsection (2) ceases to apply, the 19 person must remove the emergency building work as soon as 20 practicable. 21 Maximum penalty--1665 penalty units. 22 Subdivision 3 False or misleading documents or 23 declarations 24 587 False or misleading document or declaration 25 (1) A person must not give an assessment manager a notice under 26 section 275, 300, 301 or 749 that is false or misleading. 27 Maximum penalty--1665 penalty units. 28 Page 388

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 588] (2) A person must not give to any of the following entities a 1 document containing information that the person knows is 2 false or misleading in a material particular-- 3 (a) the assessment manager; 4 (b) a concurrence agency; 5 (c) a local government to which a master plan application 6 has been made; 7 (d) a responsible entity for making a permissible change to 8 a development approval; 9 (e) a compliance assessor. 10 Maximum penalty--1665 penalty units. 11 (3) A person must not give a declaration to an assessment 12 manager under section 260(1)(e)(ii) that the person knows is 13 false or misleading. 14 Maximum penalty--1665 penalty units. 15 Division 2 Show cause notices 16 588 Giving show cause notice 17 (1) This section applies if the assessing authority reasonably 18 believes a person has committed, or is committing, a 19 development offence. 20 (2) Before giving an enforcement notice about the development 21 offence, the assessing authority must give the person a notice 22 (a show cause notice) inviting the person to show cause why 23 the enforcement notice should not be given. 24 (3) Despite subsection (2), the assessing authority need not give a 25 show cause notice if it reasonably considers it is not 26 appropriate in the circumstances to give the notice. 27 Example-- 28 An assessing authority might not give a show cause notice if it considers 29 urgent action is necessary to address a danger to public health or safety 30 Page 389

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 589] or giving the notice would be likely to adversely affect the effectiveness 1 of the enforcement notice. 2 589 General requirements of show cause notice 3 (1) A show cause notice must-- 4 (a) be in writing; and 5 (b) outline the facts and circumstances forming the basis for 6 the assessing authority's belief that an enforcement 7 notice should be given to the person; and 8 (c) state that representations may be made about the show 9 cause notice; and 10 (d) state how the representations may be made; and 11 (e) state where the representations may be made or sent; 12 and 13 (f) state-- 14 (i) a day and time for making the representations; or 15 (ii) a period within which the representations must be 16 made. 17 (2) The day or period stated in the notice must be, or must end, at 18 least 20 business days after the notice is given. 19 Division 3 Enforcement notices 20 590 Giving enforcement notice 21 (1) If an assessing authority reasonably believes a person has 22 committed, or is committing, a development offence, the 23 authority may give a notice (an enforcement notice) to the 24 Page 390

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 590] person requiring the person to do either or both of the 1 following-- 2 (a) to refrain from committing the offence; 3 (b) to remedy the commission of the offence in the way 4 stated in the notice. 5 Note-- 6 A person who receives an enforcement notice may appeal against the 7 notice under section 473 or 533 (Appeals against enforcement notices). 8 (2) If the assessing authority giving the notice reasonably 9 believes the person has committed, or is committing, the 10 development offence in a local government area and the 11 assessing authority is not the local government, the assessing 12 authority must also give the local government a copy of the 13 notice. 14 (3) If the assessing authority gives the local government a copy of 15 the notice under subsection (2) and the notice is later 16 withdrawn, the assessing authority must give the local 17 government written notice of the withdrawal. 18 (4) If a private certifier is engaged for an aspect of a 19 development, the assessing authority must not give an 20 enforcement notice in relation to the aspect until the assessing 21 authority has consulted with the private certifier about the 22 giving of the notice. 23 (5) If the assessing authority is the private certifier, the assessing 24 authority must not give an enforcement notice until the 25 assessing authority has consulted with the assessment 26 manager about the giving of the notice. 27 (6) Subsections (4) and (5) do not apply if the assessing authority 28 reasonably believes the work, in relation to which the 29 enforcement notice is to be given, is dangerous. 30 (7) If the assessing authority is the private certifier or the local 31 government, the assessing authority may not delegate its 32 power to give an enforcement notice ordering the demolition 33 of a building. 34 Page 391

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 591] (8) An enforcement notice requiring any person carrying out 1 development to stop carrying out the development may be 2 given by fixing the notice to the premises, or the building or 3 structure on the premises, in a way that a person entering the 4 premises would normally see the notice. 5 (9) If, in relation to a development offence involving premises, 6 the person who committed the offence is not the owner of the 7 premises, the assessing authority may also give an 8 enforcement notice to the owner requiring the owner to 9 remedy the commission of the offence in the way stated in the 10 notice. 11 591 Restriction on giving enforcement notice 12 (1) This section applies if the assessing authority has given a 13 person a show cause notice about a development offence. 14 (2) The assessing authority may give the person an enforcement 15 notice about the development offence only if the assessing 16 authority-- 17 (a) has considered all representations made by the person 18 about the show cause notice within the period stated in 19 the notice; and 20 (b) still believes it is appropriate to give the enforcement 21 notice. 22 592 Specific requirements of enforcement notice 23 (1) Without limiting specific requirements an enforcement notice 24 may impose, a notice may require a person to do any of the 25 following-- 26 (a) to stop carrying out development; 27 (b) to stop a stated use of a premises; 28 (c) to demolish or remove a work; 29 Page 392

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 593] (d) to restore, as far as practicable, premises to the condition 1 the premises were in immediately before development 2 was started; 3 (e) to do, or not to do, another act to ensure development 4 complies with a development approval, a compliance 5 permit, a code or a master plan; 6 (f) to apply for a development permit or make a master plan 7 application; 8 (g) to make a request under section 401 for compliance 9 assessment of development, a document or work 10 requiring compliance assessment; 11 (h) if the assessing authority reasonably believes a work is 12 dangerous-- 13 (i) to repair or rectify the work; or 14 (ii) to secure the work, whether by a system of 15 supports or in another way; or 16 (iii) to fence off the work to protect persons; 17 (i) to prepare and submit to the assessing authority a 18 compliance program demonstrating how compliance 19 with the enforcement notice will be achieved. 20 (2) However, a person may be required to demolish or remove a 21 work only if the assessing authority reasonably believes it is 22 not possible and practical to take steps-- 23 (a) to make the work comply with a development approval, 24 a compliance permit, a code or a master plan; or 25 (b) if the work is dangerous--to remove the danger. 26 593 General requirements of enforcement notices 27 (1) An enforcement notice must-- 28 (a) be in writing; and 29 (b) describe the nature of the alleged offence; and 30 Page 393

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 594] (c) inform the person to whom the notice is given of the 1 person's right to appeal against the giving of the notice. 2 (2) If an enforcement notice requires a person to do an act 3 involving the carrying out of work, it also must give details of 4 the work involved. 5 (3) If an enforcement notice requires a person to refrain from 6 doing an act, it also must state either-- 7 (a) a period for which the requirement applies; or 8 (b) that the requirement applies until further notice. 9 (4) If an enforcement notice requires a person to do an act, it also 10 must state a period within which the act is required to be done. 11 (5) If an enforcement notice requires a person to do more than 1 12 act, it may state different periods within which the acts are 13 required to be done. 14 594 Offences relating to enforcement notices 15 (1) A person who is given an enforcement notice must comply 16 with the notice. 17 Maximum penalty--1665 penalty units. 18 (2) A person must not damage, deface or remove an enforcement 19 notice given under section 590(8). 20 Maximum penalty--1665 penalty units. 21 595 Processing application or request required by 22 enforcement notice or show cause notice 23 If a person applies for a preliminary approval or development 24 permit or makes a master plan application or a request for 25 compliance assessment of development under section 401 as 26 required by an enforcement notice or in response to a show 27 cause notice, the person-- 28 (a) must not discontinue the application or request, unless 29 the person has a reasonable excuse; and 30 Page 394

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 596] (b) must take all necessary and reasonable steps to enable 1 the application or request to be decided as quickly as 2 possible, unless the person discontinues the application 3 or request with a reasonable excuse; and 4 (c) if the person appeals against the decision on the 5 application or request--must take all necessary and 6 reasonable steps to enable the appeal to be decided by 7 the court as quickly as possible, unless the person has a 8 reasonable excuse. 9 Maximum penalty--1665 penalty units. 10 596 Assessing authority may take action 11 (1) If a person to whom an enforcement notice is given 12 contravenes the notice by not doing something, the assessing 13 authority, if it is not a local government, may do the thing. 14 Note-- 15 If the assessing authority is a local government, it has similar powers 16 under the Local Government Act, section 1066 and has powers to 17 recover its costs under sections 1067 and 1068 of that Act. 18 (2) Any reasonable costs or expenses incurred by an assessing 19 authority in doing anything under subsection (1) may be 20 recovered by the authority as a debt owing to it by the person 21 to whom the notice was given. 22 Division 4 Offence proceedings in Magistrates 23 Court 24 597 Proceedings for offences 25 (1) A person may bring a proceeding in a Magistrates Court on a 26 complaint to prosecute another person for an offence against 27 this part. 28 Page 395

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 598] (2) The person may bring the proceeding whether or not any right 1 of the person has been, or may be, infringed by, or because of, 2 the commission of the offence. 3 (3) However, a proceeding may only be brought by the assessing 4 authority for an offence under-- 5 (a) section 574, 578 or 580 about the building assessment 6 provisions; or 7 (b) section 579, 587, 594 or 595. 8 598 Proceeding brought in a representative capacity 9 (1) A proceeding under section 597 may be brought by the person 10 on their own behalf or in a representative capacity. 11 (2) However, if the proceeding is brought in a representative 12 capacity, 1 of the following consents must be obtained-- 13 (a) if the proceeding is brought on behalf of a body of 14 persons or a corporation--the consent of the members 15 of the governing body; 16 (b) if the proceeding is brought on behalf of an 17 individual--the consent of the individual. 18 599 Magistrates Court may make orders 19 (1) After hearing the complaint, the Magistrates Court may make 20 an order on the defendant it considers appropriate. 21 (2) The order may be made in addition to, or in substitution for, 22 any penalty the court may otherwise impose. 23 (3) The order may require the defendant-- 24 (a) to stop development or carrying on a use; or 25 (b) to demolish or remove a work; or 26 (c) to restore, as far as practicable, premises to the condition 27 the premises were in immediately before development 28 or use of the premises started; or 29 Page 396

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 600] (d) to do, or not to do, another act to ensure development or 1 use of the premises complies with a development 2 approval, a compliance permit, a code or a master plan; 3 or 4 (e) for development that has started--to apply for a 5 development permit or make a master plan application; 6 or 7 (f) to make a request under section 401 for compliance 8 assessment of development, a document or work 9 requiring compliance assessment; or 10 (g) if the court believes a work is dangerous-- 11 (i) to repair or rectify the work; or 12 (ii) to secure the work. 13 (4) The order must state the time, or period, within which the 14 order must be complied with. 15 (5) A person who contravenes the order commits an offence 16 against this Act. 17 Maximum penalty--1665 penalty units or imprisonment for 18 12 months. 19 (6) If the order states that contravention of the order is a public 20 nuisance, an assessing authority, other than a local 21 government, may undertake any work necessary to remove 22 the nuisance. 23 (7) If an assessing authority carries out works under subsection 24 (6), it may recover the reasonable cost of the works as a debt 25 owing to the assessing authority from the person to whom the 26 order was given. 27 600 Costs involved in bringing proceeding 28 If the proceeding is brought in a representative capacity, the 29 person on whose behalf the proceeding is brought may 30 contribute to, or pay, the legal costs and expenses incurred by 31 the person bringing the proceeding. 32 Page 397

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 601] Division 5 Enforcement orders of court 1 601 Proceeding for orders 2 (1) A person may bring a proceeding in the court-- 3 (a) for an order to remedy or restrain the commission of a 4 development offence (an enforcement order); or 5 (b) if the person has brought a proceeding under paragraph 6 (a) and the court has not decided the proceeding--for an 7 order under section 603 (an interim enforcement 8 order); or 9 (c) to cancel or change an enforcement order or interim 10 enforcement order. 11 (2) However, if the offence under subsection (1)(a) is an offence 12 under section 574, 578 or 580 about the building assessment 13 provisions, the proceeding may be brought only by the 14 assessing authority. 15 (3) The person may bring a proceeding under subsection (1)(a) 16 whether or not any right of the person has been, or may be, 17 infringed by, or because of, the commission of the offence. 18 602 Proceeding brought in a representative capacity 19 (1) A proceeding under section 601 may be brought by the person 20 on their own behalf or in a representative capacity. 21 (2) However, if the proceeding is brought in a representative 22 capacity, 1 of the following consents must be obtained-- 23 (a) if the proceeding is brought on behalf of a body of 24 persons or a corporation--the consent of the members 25 of the governing body; 26 (b) if the proceeding is brought on behalf of an 27 individual--the consent of the individual. 28 Page 398

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 603] 603 Making interim enforcement order 1 (1) The court may make an interim enforcement order pending a 2 decision of the proceeding if the court is satisfied it would be 3 appropriate to make the order. 4 (2) The court may make the order subject to conditions, including 5 a condition requiring the applicant for the order to give an 6 undertaking to pay costs resulting from damage suffered by 7 the respondent if the proceeding is unsuccessful. 8 604 Making enforcement order 9 (1) The court may make an enforcement order if the court is 10 satisfied the offence-- 11 (a) has been committed; or 12 (b) will be committed unless restrained. 13 (2) If the court is satisfied the offence has been committed, the 14 court may make an enforcement order whether or not there 15 has been a prosecution for the offence under division 4. 16 605 Effect of orders 17 (1) An enforcement order or an interim enforcement order may 18 direct the respondent-- 19 (a) to stop an activity that constitutes, or will constitute, a 20 development offence; or 21 (b) not to start an activity that will constitute a development 22 offence; or 23 (c) to do anything required to stop committing a 24 development offence; or 25 (d) to return anything to a condition as close as practicable 26 to the condition it was in immediately before a 27 development offence was committed; or 28 (e) to do anything about a development or use to comply 29 with this Act. 30 Page 399

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 606] (2) Without limiting the court's powers, the court may make an 1 order requiring-- 2 (a) the repair, demolition or removal of a building; or 3 (b) for a development offence relating to the clearing of 4 vegetation on freehold land-- 5 (i) rehabilitation or restoration of the area cleared; or 6 (ii) if the area cleared is not capable of being 7 rehabilitated or restored--the planting and 8 nurturing of stated vegetation on a stated area of 9 equivalent size. 10 (3) An enforcement order or an interim enforcement order-- 11 (a) may be in terms the court considers appropriate to 12 secure compliance with this Act; and 13 (b) must state the time by which the order is to be complied 14 with. 15 606 Court's powers about orders 16 (1) The court's power to make an enforcement order or interim 17 enforcement order to stop, or not to start, an activity may be 18 exercised whether or not-- 19 (a) it appears to the court the person against whom the order 20 is made intends to engage, or to continue to engage, in 21 the activity; or 22 (b) the person has previously engaged in an activity of the 23 kind; or 24 (c) there is danger of substantial damage to property or 25 injury to another person if the person engages, or 26 continues to engage, in the activity. 27 (2) The court's power to make an enforcement order or interim 28 enforcement order to do anything may be exercised whether 29 or not-- 30 Page 400

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 3 Provisions about offences, notices and orders [s 607] (a) it appears to the court the person against whom the order 1 is made intends to fail, or to continue to fail, to do the 2 thing; or 3 (b) the person has previously failed to do a thing of the 4 kind; or 5 (c) there is danger of substantial damage to property or 6 injury to another person if the person fails, or continues 7 to fail, to do the thing. 8 (3) The court may cancel or change an enforcement order or 9 interim enforcement order. 10 (4) The court's power under this section is in addition to its other 11 powers. 12 607 Costs involved in bringing proceeding 13 If the proceeding is brought in a representative capacity, the 14 person on whose behalf the proceeding is brought may 15 contribute to, or pay, the legal costs and expenses incurred by 16 the person bringing the proceeding. 17 Division 6 Application of Acts 18 608 Application of other Acts 19 (1) This section applies if another Act-- 20 (a) specifies monetary penalties for offences about 21 development greater or less than the penalties specified 22 in this part; or 23 (b) provides that an activity specified in this part as a 24 development offence is not an offence; or 25 (c) contains provisions about the carrying out of 26 development in an emergency; or 27 (d) includes requirements about enforcement notices that 28 are different from the requirements of this part; or 29 Page 401

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 609] (e) includes provisions about the issuing of other notices 1 having the same effect as enforcement notices; or 2 (f) includes requirements about proceedings for the 3 prosecution for development offences or other offences 4 that are different from the requirements of this part; or 5 (g) includes requirements about proceedings for 6 enforcement orders that are different from the 7 requirements of this part. 8 (2) The provisions of the other Act prevail over the provisions of 9 this part to the extent of any inconsistency. 10 Part 4 Legal proceedings 11 Division 1 Proceedings 12 609 Summary proceedings for offences 13 Proceedings for an offence against this Act are to be taken in a 14 summary way under the Justices Act 1886. 15 610 Limitation on time for starting proceedings 16 A proceeding for an offence against this Act must start-- 17 (a) within 1 year after the commission of the offence; or 18 (b) within 6 months after the offence comes to the 19 complainant's knowledge. 20 611 Executive officers must ensure corporation complies 21 with Act 22 (1) The executive officers of a corporation must ensure the 23 corporation complies with this Act. 24 Page 402

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 612] (2) If a corporation commits an offence against a provision of this 1 Act, each of the corporation's executive officers also commits 2 an offence, namely, the offence of failing to ensure the 3 corporation complies with the provision. 4 Maximum penalty for subsection (2)--the penalty for the 5 contravention of the provision by an individual. 6 (3) Evidence that the corporation has been convicted of an 7 offence against a provision of this Act is evidence that each of 8 the executive officers committed the offence of failing to 9 ensure the corporation complies with the provision. 10 (4) However, it is a defence for an executive officer to prove-- 11 (a) if the officer was in a position to influence the conduct 12 of the corporation in relation to the offence--the officer 13 exercised reasonable diligence to ensure the corporation 14 complied with the provision; or 15 (b) the officer was not in a position to influence the conduct 16 of the corporation in relation to the offence. 17 Division 2 Fines and costs 18 612 When fines payable to local government 19 (1) This section applies if-- 20 (a) the assessing authority by which the administration and 21 enforcement of a matter is carried out is a local 22 government; and 23 (b) a proceeding for an offence about the matter is taken by 24 the local government; and 25 (c) a court imposes a fine for the offence. 26 (2) The fine must be paid to the local government. 27 Page 403

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 613] 613 Order for compensation or remedial action 1 (1) This section applies if-- 2 (a) a person is convicted of a development offence; and 3 (b) the court convicting the person finds that, because of the 4 commission of the offence, another person-- 5 (i) has suffered loss of income; or 6 (ii) has suffered a reduction in the value of, or damage 7 to, property; or 8 (iii) has incurred costs or expenses in replacing or 9 repairing property or in preventing or minimising, 10 or attempting to prevent or minimise, a loss, 11 reduction or damage mentioned in subparagraph (i) 12 or (ii). 13 (2) The court may order the person to do either or both of the 14 following-- 15 (a) pay to the other person an amount of compensation the 16 court considers appropriate for the loss, reduction or 17 damage suffered or costs or expenses incurred; 18 (b) take stated remedial action the court considers 19 appropriate. 20 (3) An order under subsection (2) is in addition to the imposition 21 of a penalty and any other order under this Act. 22 (4) This section does not limit the court's powers under the 23 Penalties and Sentences Act 1992 or another law. 24 614 Recovery of costs of investigation 25 (1) This section applies if-- 26 (a) a person is convicted of an offence against this Act; and 27 (b) the court convicting the person finds the assessing 28 authority has reasonably incurred costs and expenses in 29 taking a sample or conducting an inspection, test, 30 Page 404

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 615] measurement or analysis during the investigation of the 1 offence; and 2 (c) the assessing authority applies for an order against the 3 person for the payment of the costs and expenses. 4 (2) The court may order the person to pay to the assessing 5 authority the reasonable costs and expenses incurred by the 6 authority if it is satisfied it would be just to make the order in 7 the circumstances of the particular case. 8 (3) This section does not limit the court's powers under the 9 Penalties and Sentences Act 1992 or another law. 10 Division 3 Evidence 11 615 Application of div 3 12 This division applies to a proceeding under or in relation to 13 this Act. 14 616 Appointments and authority 15 It is not necessary to prove-- 16 (a) the appointment of the chief executive or the chief 17 executive officer, however called, of an assessing 18 authority; or 19 (b) the authority of the chief executive or the chief executive 20 officer, however called, of an assessing authority to do 21 anything under this Act. 22 617 Signatures 23 A signature purporting to be the signature of the chief 24 executive or the chief executive officer, however called, of an 25 assessing authority is evidence of the signature it purports to 26 be. 27 Page 405

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 618] 618 Matter coming to complainant's knowledge 1 In a complaint starting a proceeding, a statement that the 2 matter of the complaint came to the complainant's knowledge 3 on a stated day is evidence of the matter. 4 619 Instruments, equipment and installations 5 Any instrument, equipment or installation prescribed under a 6 regulation that is used by an appropriately qualified person in 7 compliance with any conditions prescribed under a regulation 8 is taken to be accurate and precise in the absence of evidence 9 to the contrary. 10 620 Analyst's certificate or report 11 A certificate or report purporting to be signed by an 12 appropriately qualified person and stating any of the following 13 matters is evidence of the matter-- 14 (a) the person's qualifications; 15 (b) the person took, or received from a stated person, a 16 stated sample; 17 (c) the person analysed the sample on a stated day, or 18 during a stated period, and at a stated place; 19 (d) the results of the analysis. 20 621 Evidence of planning instruments or notices of 21 designation 22 (1) In a proceeding, a certified copy of a planning instrument or a 23 notice of designation is evidence of the content of the 24 instrument or notice. 25 (2) All courts, judges and persons acting judicially must take 26 judicial notice of a certified copy of a planning instrument or a 27 notice of designation. 28 Page 406

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 622] (3) In a proceeding, a copy of the gazette or newspaper 1 containing a notice about the making of a planning instrument 2 is evidence of the matters stated in the notice. 3 622 Planning instruments presumed to be within jurisdiction 4 In a proceeding, the following are presumed unless the issue is 5 raised-- 6 (a) the competence of a Minister to make a planning 7 instrument; 8 (b) the competence of a local government to make a local 9 planning instrument. 10 623 Evidentiary aids generally 11 A certificate purporting to be signed by the chief executive 12 officer, however called, of an assessing authority stating any 13 of the following matters is evidence of the matter-- 14 (a) a stated document is-- 15 (i) an appointment or a copy of an appointment; or 16 (ii) a direction or decision, or a copy of a direction or 17 decision, given or made under this Act; or 18 (iii) a notice, order, permit or other document, or a copy 19 of a notice, order, permit or other document, given 20 under this Act; 21 (b) on a stated day, or during a stated period, a stated person 22 was or was not the holder of a development permit or a 23 compliance permit for stated development, or a 24 compliance certificate for a stated document or work; 25 (c) on a stated day, or during a stated period, a development 26 permit or compliance permit-- 27 (i) was or was not in force for a stated person or 28 development; or 29 (ii) was or was not subject to a stated condition; 30 Page 407

 


 

Sustainable Planning Bill 2009 Chapter 7 Appeals, offences and enforcement Part 4 Legal proceedings [s 624] (d) on a stated day, or during a stated period-- 1 (i) there was or was not a master plan for stated land 2 or development; or 3 (ii) a stated condition was included in a master plan; 4 (e) on a stated day, or during a stated period, a compliance 5 certificate-- 6 (i) was or was not in force for a stated person, 7 document or work; or 8 (ii) was or was not subject to a stated condition; 9 (f) on a stated day, a stated person was given a stated notice 10 or direction under this Act; 11 (g) a stated amount is payable under this Act by a stated 12 person and has not been paid. 13 624 Responsibility for acts or omissions of representatives 14 (1) This section applies in a proceeding for an offence against this 15 Act. 16 (2) If it is relevant to prove a person's state of mind about a 17 particular act or omission, it is enough to show-- 18 (a) the act was done or omitted to be done by a 19 representative of the person within the scope of the 20 representative's actual or apparent authority; and 21 (b) the representative had the state of mind. 22 (3) An act done or omitted to be done for a person by a 23 representative of the person within the scope of the 24 representative's actual or apparent authority is taken to have 25 been done or omitted to be done also by the person, unless the 26 person proves the person could not, by the exercise of 27 reasonable diligence, have prevented the act or omission. 28 (4) In this section-- 29 representative means-- 30 Page 408

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 625] (a) of a corporation--an executive officer, employee or 1 agent of the corporation; or 2 (b) of an individual--an employee or agent of the 3 individual. 4 state of mind, of a person, includes the person's-- 5 (a) knowledge, intention, opinion, belief or purpose; and 6 (b) reasons for the intention, opinion, belief or purpose. 7 Chapter 8 Infrastructure 8 Part 1 Infrastructure planning and 9 funding 10 Division 1 Preliminary 11 625 Purpose of pt 1 12 The purpose of this part is-- 13 (a) to seek to integrate land use and infrastructure plans; 14 and 15 (b) to establish an infrastructure planning benchmark as a 16 basis for an infrastructure funding framework; and 17 (c) to establish an infrastructure funding framework that is 18 equitable and accountable; and 19 (d) to integrate State infrastructure providers into the 20 framework. 21 Note-- 22 For declared master planned areas, see also section 196 (Modified 23 application of provisions about infrastructure for master plan). 24 Page 409

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 626] Division 2 Non-trunk infrastructure 1 626 Conditions local governments may impose for non-trunk 2 infrastructure 3 (1) If a local government imposes a condition about non-trunk 4 infrastructure, the condition may only be for supplying 5 infrastructure for 1 or more of the following-- 6 (a) networks internal to the premises; 7 (b) connecting the premises to external infrastructure 8 networks; 9 (c) protecting or maintaining the safety or efficiency of the 10 infrastructure network of which the non-trunk 11 infrastructure is a component. 12 (2) The condition must state-- 13 (a) the infrastructure to be supplied; and 14 (b) when the infrastructure must be supplied. 15 Division 3 Trunk infrastructure 16 627 Priority infrastructure plans for trunk infrastructure 17 Despite chapter 3, part 5, a priority infrastructure plan must be 18 prepared and made or amended as required by a guideline-- 19 (a) made by the Minister; and 20 (b) prescribed under a regulation. 21 628 Local government must review its priority infrastructure 22 plan every 5 years 23 (1) Each local government prescribed under a regulation must 24 review its priority infrastructure plan at least once every 5 25 years. 26 Page 410

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 629] (2) The review must be conducted in consultation with the State 1 agencies that participated in the preparation of the plan. 2 (3) However, before consulting with the State agencies, the local 3 government must assess the factors affecting the plan since 4 the last review and advise the agencies of any proposed 5 amendments to the plan. 6 629 Funding trunk infrastructure for local governments 7 (1) Under this Act, a local government may levy a charge for 8 supplying trunk infrastructure under either of the following-- 9 (a) an infrastructure charges schedule; 10 (b) a regulated infrastructure charges schedule. 11 Note-- 12 See the Local Government Act, chapter 14 (Rates and charges), part 2 13 (Making and levying rates and charges) for a local government's power 14 to levy rates and charges in other ways. 15 (2) Subsection (1) does not stop a local government from-- 16 (a) having, or not having, an infrastructure charges schedule 17 for a part of a trunk infrastructure network; or 18 (b) having an infrastructure charges schedule and a 19 regulated infrastructure charges schedule for different 20 parts of its trunk infrastructure network; or 21 (c) making infrastructure charges schedules at different 22 times. 23 Page 411

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 630] Division 4 Trunk infrastructure funding under 1 an infrastructure charges schedule 2 630 Preparing and making or amending infrastructure 3 charges schedules 4 (1) Despite chapter 3, part 5, an infrastructure charges schedule 5 must be prepared and made or amended as required by a 6 guideline-- 7 (a) made by the Minister; and 8 (b) prescribed under a regulation. 9 (2) The guideline must make provision for-- 10 (a) an infrastructure charges schedule to be approved by the 11 Minister; and 12 (b) the adoption of the infrastructure charges schedule, or 13 amendment of the schedule, by the local government to 14 be notified in a newspaper circulating generally in the 15 local government's area. 16 (3) Without limiting subsection (1), the guideline may-- 17 (a) include a methodology to be followed for the phasing in 18 of charges under the infrastructure charges schedule; 19 and 20 (b) provide for how charge rates stated in the schedule may 21 be adjusted for inflation; and 22 (c) provide for the matters for which a person may obtain a 23 credit in relation to the calculation of a charge under the 24 schedule. 25 Examples of matters for paragraph (c)-- 26 · current share of usage of the trunk infrastructure network 27 for existing lawful uses 28 · previous payments for trunk infrastructure for the network 29 (4) An infrastructure charges schedule, or an amendment of a 30 schedule, has effect on and from-- 31 Page 412

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 631] (a) the day the making of the schedule, or the amendment of 1 the schedule, is first notified in a newspaper circulating 2 generally in the local government's area; or 3 (b) if a later day for the commencement of the schedule, or 4 the amendment of the schedule, is stated in the schedule, 5 or the amendment--the later day. 6 (5) For approving an infrastructure charges schedule, the Minister 7 may seek advice or comment from the Queensland 8 Competition Authority about-- 9 (a) the consideration of State interests; or 10 (b) another matter relating to the infrastructure charges 11 schedule. 12 (6) However, the seeking of advice or comment under subsection 13 (5) does not stop the process for making or amending the 14 infrastructure charges schedule. 15 631 Key elements of an infrastructure charges schedule 16 (1) An infrastructure charges schedule must state all of the 17 following for each trunk infrastructure network identified in 18 the schedule-- 19 (a) the establishment cost of the network; 20 (b) the proportion of the establishment cost to be funded by 21 a charge (an infrastructure charge) under the schedule; 22 (c) each area in which an infrastructure charge applies; 23 (d) for each area mentioned in paragraph (c)-- 24 (i) the proportion of the establishment cost to be 25 funded by an infrastructure charge applying in the 26 area; and 27 (ii) the estimated demand for infrastructure in the area; 28 and 29 (iii) the charge rate for calculating the infrastructure 30 charge; 31 Page 413

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 632] (e) the method used by the local government to decide the 1 charge rate; 2 (f) each type of development to which an infrastructure 3 charge applies; 4 (g) how the infrastructure charge to be levied is calculated. 5 (2) An infrastructure charge may also apply to trunk 6 infrastructure-- 7 (a) despite section 82--that is not within, or completely 8 within, the local government's area; or 9 (b) that is not owned by the local government, if the owner 10 of the infrastructure agrees; or 11 (c) supplied by a local government on a State-controlled 12 road. 13 Note-- 14 See the Transport Infrastructure Act, sections 32 and 41. 15 (3) The infrastructure charges schedule may provide for charge 16 rates stated in the schedule to be adjusted for inflation. 17 (4) If the infrastructure charges schedule provides for charge rates 18 to be adjusted for inflation, the schedule must state how the 19 charge rates are to be adjusted. 20 632 Infrastructure charges 21 (1) The infrastructure charge-- 22 (a) must be for a trunk infrastructure network that services, 23 or is planned to service, premises and is identified in the 24 priority infrastructure plan; and 25 (b) must not be more than the proportion of the 26 establishment cost of the network that reasonably can be 27 apportioned to the premises for which the charge is 28 stated, taking into account-- 29 (i) the usage of the network by the premises; or 30 Page 414

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 633] (ii) the capacity of the network allocated to the 1 premises. 2 (2) Also, if the infrastructure charge is levied for an existing 3 lawful use, it must be based on the current share of usage of 4 the network at the time the charge is levied. 5 (3) Subsection (2) does not apply if the local government and the 6 owner of the land to which the charge relates otherwise agree 7 in writing. 8 (4) However, an infrastructure charge must not be levied for a 9 work or use of land authorised under the Mineral Resources 10 Act 1989, the Petroleum Act 1923, the Petroleum and Gas 11 (Production and Safety) Act 2004 or the Greenhouse Gas 12 Storage Act 2009. 13 633 Infrastructure charges notices 14 (1) A notice requiring the payment of an infrastructure charge (an 15 infrastructure charges notice) must state each of the 16 following-- 17 (a) the amount of the charge; 18 (b) the land to which the charge applies; 19 (c) when the charge is payable; 20 (d) the trunk infrastructure network for which the charge 21 has been stated; 22 (e) the person to whom the charge must be paid; 23 (f) the number of units of demand charged for; 24 (g) the charge rate, stated in the infrastructure charges 25 schedule, for the charge; and 26 (h) if the charge rate has been adjusted for inflation-- 27 (i) details of how it was adjusted; and 28 (ii) the adjusted charge rate; and 29 Page 415

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 634] (i) the number of units of demand for which a credit has 1 been given. 2 (2) If the notice is given as a result of a development approval or 3 compliance permit, the local government must give the notice 4 to the applicant or the person who requested compliance 5 assessment-- 6 (a) if the local government is the assessment manager or 7 compliance assessor-- 8 (i) at the same time as the approval or permit is given; 9 or 10 (ii) for a deemed approval for which a decision notice 11 has not been given--within 20 business days after 12 receiving the deemed approval notice; or 13 (b) otherwise-- 14 (i) within 10 business days after the local government 15 receives a copy of the approval or permit; or 16 (ii) for a deemed approval for which a decision notice 17 has not been given--within 20 business days after 18 receiving a copy of the deemed approval notice. 19 (3) If the notice is not given as a result of a development approval 20 or compliance permit, the local government must give the 21 notice to the owner of the land. 22 (4) The charge is not recoverable unless the entitlements under 23 the development approval or compliance permit are exercised. 24 (5) The notice lapses if the development approval or compliance 25 permit stops having effect. 26 634 When infrastructure charges are payable 27 An infrastructure charge is payable-- 28 (a) if the charge applies to reconfiguring a lot that is 29 assessable development or development requiring 30 compliance assessment--before the local government 31 Page 416

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 635] approves the plan of subdivision for the reconfiguration; 1 or 2 (b) if the charge applies to building work that is assessable 3 development or development requiring compliance 4 assessment--before the certificate of classification for 5 the building work is issued; or 6 (c) if the charge applies to a material change of use--before 7 the change happens; or 8 (d) if paragraphs (a), (b) and (c) do not apply--on the day 9 stated in the infrastructure charges notice or negotiated 10 infrastructure charges notice. 11 635 Application of infrastructure charges 12 (1) An infrastructure charge levied and collected must be used-- 13 (a) for a network of trunk infrastructure--to provide 14 infrastructure for the network; or 15 (b) for works required for the local function of 16 State-controlled roads--to provide works on the 17 State-controlled roads. 18 (2) However, if the local government and the State infrastructure 19 provider for State-controlled roads agree, the infrastructure 20 charge may be used to provide works for the local government 21 road network. 22 636 Accounting for infrastructure charges 23 (1) An infrastructure charge levied and collected for local works 24 on State infrastructure must be separately accounted for. 25 (2) To remove any doubt, it is declared that an infrastructure 26 charge levied and collected by a local government need not be 27 held in trust. 28 Page 417

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 637] 637 Agreements about, and alternatives to, paying 1 infrastructure charges 2 (1) Despite sections 633 and 634, a person to whom an 3 infrastructure charges notice or a negotiated infrastructure 4 charges notice has been given and the infrastructure provider 5 may enter into a written agreement about 1 or more of the 6 following-- 7 (a) whether the charge may be paid at a different time from 8 the time stated in the notice, and whether it may be paid 9 by instalments; 10 (b) whether infrastructure may be supplied instead of 11 paying all or part of the charge; 12 (c) whether infrastructure that delivers the same standard of 13 service as that identified in the priority infrastructure 14 plan may be supplied instead of the infrastructure 15 identified in the infrastructure charges schedule; 16 (d) if section 633(2)(a) applies for the charge and the 17 infrastructure is land owned by the applicant or the 18 person who requested compliance assessment--whether 19 land in fee simple may be given instead of paying the 20 charge or part of the charge. 21 (2) For development infrastructure that is land, the local 22 government may give the applicant or the person who 23 requested compliance assessment a notice, in addition to, or 24 instead of, the notice given under section 633, requiring the 25 person to-- 26 (a) give to the local government, in fee simple, part of the 27 land the subject of the development application or 28 request for compliance assessment; or 29 (b) give to the local government-- 30 (i) in fee simple, part of the land the subject of the 31 development application or request for compliance 32 assessment; and 33 (ii) an infrastructure charge. 34 Page 418

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 638] (3) If the applicant or person who requested compliance 1 assessment is required to give land under subsection (2)(a), or 2 a combination of land and a charge under subsection (2)(b), 3 the total value of the contribution must not be more than the 4 amount of the charge mentioned in section 633(1). 5 (4) The applicant or person who requested compliance 6 assessment must comply with the notice as soon as 7 practicable. 8 (5) If subsection (1)(d) or (2) applies and the land is to be given to 9 the local government for public parks infrastructure or local 10 community facilities, the land must be given on trust. 11 638 Local government may supply different trunk 12 infrastructure from that identified in a priority 13 infrastructure plan 14 A local government may supply different trunk infrastructure 15 from the infrastructure identified in the priority infrastructure 16 plan if the infrastructure supplied delivers the same desired 17 standard of service for the relevant network. 18 639 Infrastructure charges taken to be a rate 19 (1) An infrastructure charge levied by a local government is, for 20 the purposes of recovery, taken to be a rate within the 21 meaning of the Local Government Act. 22 (2) However, if the local government and an applicant or person 23 who requested compliance assessment enter into a written 24 agreement stating the charge is a debt owing to it by the 25 applicant or person, subsection (1) does not apply. 26 Page 419

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 640] Division 5 Trunk infrastructure funding under 1 a regulated infrastructure charges 2 schedule 3 640 Regulated infrastructure charge 4 A regulation or State planning regulatory provision may 5 provide for-- 6 (a) a charge for the supply of trunk infrastructure; and 7 (b) development for which the charge may be levied. 8 641 Adopting and notifying regulated infrastructure charges 9 schedule 10 (1) A local government may, by resolution, adopt a schedule of 11 charges (a regulated infrastructure charges schedule) for the 12 establishment cost of trunk infrastructure in a local 13 government area. 14 (2) Each charge in the schedule must not be more than the amount 15 provided for under a regulation or State planning regulatory 16 provision. 17 (3) The schedule must state-- 18 (a) the charge for each trunk infrastructure network 19 identified in the schedule; and 20 (b) development to which the charge applies; and 21 (c) the areas in which each charge applies. 22 (4) As soon as practicable after the local government decides to 23 adopt a regulated infrastructure charges schedule, the local 24 government must publish, in a newspaper circulating 25 generally in the local government's area, a notice stating the 26 following-- 27 (a) the name of the local government; 28 Page 420

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 642] (b) that a regulated infrastructure charges schedule, for the 1 supply of trunk infrastructure in the local government's 2 area, has been adopted; 3 (c) the day the resolution was made; 4 (d) the day the schedule applies; 5 (e) whether the schedule replaces an existing schedule; 6 (f) that a copy of the schedule is available for inspection 7 and purchase. 8 (5) On the day the notice is published, or as soon as practicable 9 after the day, the local government must give the chief 10 executive-- 11 (a) a copy of the notice; and 12 (b) 3 certified copies of the schedule. 13 (6) The schedule has effect on and from-- 14 (a) the day the adoption of the schedule is first notified in a 15 newspaper circulating generally in the local 16 government's area; or 17 (b) if a later day for the commencement of the schedule is 18 stated in the schedule--the later day. 19 (7) A copy of the schedule must be attached to each copy of the 20 local government's planning scheme. 21 (8) To remove any doubt, it is declared that the schedule is not 22 part of the local government's planning scheme. 23 642 Regulated infrastructure charges 24 (1) A charge in a regulated infrastructure charges schedule (a 25 regulated infrastructure charge) for premises must be for a 26 trunk infrastructure network that services, or is planned to 27 service, the premises and is identified in the priority 28 infrastructure plan. 29 (2) However, a regulated infrastructure charge must not be levied 30 for a work or use of land authorised under the Mineral 31 Page 421

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 643] Resources Act 1989, the Petroleum Act 1923, the Petroleum 1 and Gas (Production and Safety) Act 2004 or the Greenhouse 2 Gas Storage Act 2009. 3 643 Regulated infrastructure charges notice 4 (1) A notice requiring the payment of a regulated infrastructure 5 charge (a regulated infrastructure charges notice) must state 6 each of the following-- 7 (a) the amount of the charge; 8 (b) the land to which the charge applies; 9 (c) when the charge is payable; 10 (d) the trunk infrastructure network for which the charge 11 has been stated. 12 (2) The local government must give the notice to the applicant or 13 person who requested compliance assessment-- 14 (a) if the local government is the assessment manager or 15 compliance assessor-- 16 (i) at the same time as the development approval or 17 compliance permit is given; or 18 (ii) for a deemed approval for which a decision notice 19 has not been given--within 20 business days after 20 receiving the deemed approval notice; or 21 (b) otherwise-- 22 (i) within 10 business days after the local government 23 receives a copy of the approval or permit; or 24 (ii) for a deemed approval for which a decision notice 25 has not been given--within 20 business days after 26 receiving a copy of the deemed approval notice. 27 (3) The charge is not recoverable unless the entitlements under 28 the approval or permit are exercised. 29 (4) The notice lapses if the approval or permit stops having effect. 30 Page 422

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 644] 644 When regulated infrastructure charges are payable 1 A regulated infrastructure charge is payable-- 2 (a) if the charge applies to reconfiguring a lot that is 3 assessable development or development requiring 4 compliance assessment--before the local government 5 approves the plan of subdivision for the reconfiguration; 6 or 7 (b) if the charge applies to building work that is assessable 8 development or development requiring compliance 9 assessment--before the certificate of classification for 10 the building work is issued; or 11 (c) if the charge applies to a material change of use--before 12 the change happens; or 13 (d) otherwise--on the day stated in the regulated 14 infrastructure charges notice or negotiated regulated 15 infrastructure charges notice. 16 645 Application of regulated infrastructure charges 17 A regulated infrastructure charge levied and collected for a 18 network of trunk infrastructure must be used to provide 19 infrastructure for the network. 20 646 Accounting for regulated infrastructure charges 21 To remove any doubt, it is declared that a regulated 22 infrastructure charge levied and collected by a local 23 government need not be held in trust. 24 647 Agreements about, and alternatives to, paying regulated 25 infrastructure charges 26 Despite sections 643 and 644, a person to whom a regulated 27 infrastructure charges notice or a negotiated regulated 28 infrastructure charges notice has been given and the 29 Page 423

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 648] infrastructure provider may enter into a written agreement 1 about 1 or more of the following-- 2 (a) whether the charge may be paid at a different time from 3 the time stated in the notice, and whether it may be paid 4 by instalments; 5 (b) whether infrastructure may be supplied instead of 6 paying all or part of the charge. 7 648 Regulated infrastructure charges taken to be a rate 8 (1) A regulated infrastructure charge levied by a local 9 government is, for the purposes of recovery, taken to be a rate 10 within the meaning of the Local Government Act. 11 (2) However, if the local government and an applicant or person 12 who requested compliance assessment enter into a written 13 agreement stating the charge is a debt owing to it by the 14 applicant or person, subsection (1) does not apply. 15 Division 6 Conditions local governments may 16 impose for necessary trunk 17 infrastructure 18 649 Conditions local governments may impose for necessary 19 trunk infrastructure 20 (1) This section applies if-- 21 (a) existing trunk infrastructure necessary to service the 22 premises is not adequate and trunk infrastructure 23 adequate to service the premises is identified in the 24 priority infrastructure plan; or 25 (b) trunk infrastructure to service the premises is necessary, 26 but is not yet available and is identified in the priority 27 infrastructure plan; or 28 (c) trunk infrastructure identified in the priority 29 Page 424

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 649] infrastructure plan is located on the premises. 1 (2) A local government may require different trunk infrastructure 2 from the infrastructure identified in the priority infrastructure 3 plan if the required infrastructure delivers the same desired 4 standard of service for the relevant network. 5 (3) The local government may impose a condition requiring the 6 applicant or person who requested compliance assessment to 7 supply the trunk infrastructure mentioned in subsection (1) or 8 (2), even if the infrastructure will service other premises. 9 (4) The condition must state-- 10 (a) the trunk infrastructure to be supplied; and 11 (b) when the infrastructure must be supplied. 12 (5) Subsection (6) applies if-- 13 (a) the trunk infrastructure mentioned in subsection (3) 14 services, or is planned to service, other premises; and 15 (b) the amount of the value of the infrastructure is more 16 than the amount of the value of the charge for the 17 network for the premises. 18 (6) The applicant or person who requested compliance 19 assessment-- 20 (a) does not have to pay an infrastructure charge or 21 regulated infrastructure charge for the network; and 22 (b) is entitled to a refund from the infrastructure provider, 23 on terms agreed with the infrastructure provider, for the 24 proportion of the establishment cost of the trunk 25 infrastructure mentioned in subsection (3)-- 26 (i) that reasonably can be apportioned to the other 27 users' premises mentioned in subsection (5)(a); 28 and 29 (ii) collected, or to be collected, under an 30 infrastructure charges schedule or regulated 31 infrastructure charges schedule. 32 Page 425

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 650] (7) If subsection (6) does not apply, the amount of the value of the 1 infrastructure supplied under the condition for a network must 2 be offset against any charge that may be levied for the 3 premises under section 633 or 643 for the network. 4 (8) A condition imposed under subsection (3) complies with 5 section 345 or 406-- 6 (a) for subsection (1)(a) or (b)-- 7 (i) to the extent the infrastructure is necessary to 8 service the premises; and 9 (ii) if the infrastructure is the most efficient and 10 cost-effective solution for servicing the premises; 11 and 12 (b) for subsection (1)(c)--to the extent the infrastructure is 13 not an unreasonable imposition on-- 14 (i) the development; or 15 (ii) the use of premises as a consequence of the 16 development. 17 Division 7 Conditions local governments may 18 impose for additional trunk 19 infrastructure costs 20 650 Conditions local governments may impose for additional 21 trunk infrastructure costs 22 (1) A local government may impose a condition requiring the 23 payment of additional trunk infrastructure costs only if the 24 development-- 25 (a) is-- 26 (i) inconsistent with the assumptions about the type, 27 scale, location or timing of future development 28 stated in the priority infrastructure plan; or 29 Page 426

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 650] (ii) for premises completely or partly outside the 1 priority infrastructure area; and 2 (b) would impose additional trunk infrastructure costs on 3 the infrastructure provider after taking into account 4 either or both of the following-- 5 (i) infrastructure charges or regulated infrastructure 6 charges levied for the development; 7 (ii) trunk infrastructure supplied, or to be supplied by 8 the applicant or person who requested compliance 9 assessment under divisions 4 to 6. 10 (2) A condition mentioned in subsection (1) must state each of the 11 following-- 12 (a) why the condition is required; 13 (b) the amount of the payment required; 14 (c) details of the infrastructure for which the payment is 15 required; 16 (d) when the payment must be made; 17 (e) the person to whom the payment must be made; 18 (f) the applicant or person who requested compliance 19 assessment may elect to supply all or part of the 20 infrastructure instead of making payment for the 21 infrastructure to be supplied; 22 (g) if the applicant or person who requested compliance 23 assessment makes an election under paragraph (f)-- 24 (i) any requirements for supplying the infrastructure; 25 and 26 (ii) when the infrastructure must be supplied. 27 (3) Unless the applicant, or person who requested compliance 28 assessment, and the infrastructure provider otherwise agree in 29 writing, for subsection (2)(d), the payment must be made-- 30 Page 427

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 650] (a) if the trunk infrastructure is necessary to service the 1 premises--by the day the development, or work 2 associated with the development, starts; or 3 (b) if the trunk infrastructure is not necessary to service the 4 premises-- 5 (i) for reconfiguring a lot--before the local 6 government approves the plan of subdivision for 7 the reconfiguration; or 8 (ii) for other development--before the use 9 commences. 10 (4) Subsection (5) applies if-- 11 (a) a development approval or compliance permit no longer 12 has effect; and 13 (b) a payment for the additional trunk infrastructure costs 14 has been made; and 15 (c) construction of the infrastructure has not substantially 16 commenced before the approval or permit ceased having 17 effect. 18 (5) The local government must repay to the person who made the 19 payment any part of the payment the local government has not 20 spent, or contracted to spend, on the design and construction 21 of the infrastructure. 22 (6) A condition imposed under this division complies with 23 section 345 or 406, to the extent the trunk infrastructure is 24 necessary, but not yet available, to service development, even 25 if the infrastructure is also intended to service other 26 development. 27 (7) A local government may not impose a condition under this 28 division for a supplier of State infrastructure. 29 (8) Nothing in this division stops a local government from-- 30 (a) levying a charge for the establishment cost of the 31 component of the trunk infrastructure network included 32 in the infrastructure charges schedule; or 33 Page 428

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 651] (b) imposing a condition for non-trunk infrastructure; or 1 (c) imposing a condition for necessary trunk infrastructure. 2 651 Local government additional trunk infrastructure costs in 3 priority infrastructure areas 4 (1) The costs that may be required by a local government under 5 section 650, for development completely in the priority 6 infrastructure area, may only include-- 7 (a) for trunk infrastructure to be supplied earlier than 8 anticipated in the priority infrastructure plan--the 9 difference between the establishment cost of the 10 infrastructure made necessary by the development and 11 the amount of any charge paid for the infrastructure; or 12 (b) for trunk infrastructure associated with a different type, 13 scale or intensity of development from that anticipated 14 in the priority infrastructure plan-- 15 (i) for a different type, a greater scale or a greater 16 intensity of development--the establishment cost 17 of any additional trunk infrastructure made 18 necessary by the development; or 19 (ii) for a lesser scale or lesser intensity of 20 development--the difference between the 21 establishment cost of the infrastructure identified 22 in the plan and the establishment cost of the 23 infrastructure necessary for the development. 24 (2) The applicant or person who requested compliance 25 assessment is entitled to a refund from the infrastructure 26 provider, on terms agreed with the infrastructure provider, for 27 the proportion of the establishment cost of the 28 infrastructure-- 29 (a) that reasonably can be apportioned to the other users of 30 the infrastructure mentioned in subsection (1)(a) or 31 (1)(b)(i); and 32 Page 429

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 652] (b) collected, or to be collected, under an infrastructure 1 charges schedule. 2 652 Local government additional trunk infrastructure costs 3 outside priority infrastructure areas 4 (1) The costs that may be required under section 650, for 5 development completely or partly outside the priority 6 infrastructure area, may only include, for each network-- 7 (a) the establishment cost of any trunk infrastructure made 8 necessary by the development; and 9 (b) either or both of the following establishment costs of 10 any temporary infrastructure-- 11 (i) costs required to ensure the safe or efficient 12 operation of the infrastructure mentioned in 13 paragraph (a); 14 (ii) costs made necessary by the development; and 15 (c) the decommissioning, removal and rehabilitation costs 16 of any temporary infrastructure mentioned in paragraph 17 (b); and 18 (d) the maintenance and operating costs of the 19 infrastructure mentioned in paragraphs (a) and (b), for 20 up to 5 years. 21 (2) Subsection (3) applies if the planning scheme indicates the 22 premises is part of an area intended for future development 23 for-- 24 (a) residential purposes, other than rural residential 25 purposes; or 26 (b) retail or commercial purposes; or 27 (c) industrial purposes; or 28 (d) community or government purposes related to a purpose 29 mentioned in paragraph (a), (b) or (c). 30 Page 430

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 653] (3) For subsection (1)(a), trunk infrastructure made necessary by 1 the development includes the trunk infrastructure necessary to 2 service the balance of the area mentioned in subsection (2). 3 Division 8 Conditions State infrastructure 4 providers may impose for 5 infrastructure 6 653 Conditions State infrastructure provider may impose 7 (1) A State infrastructure provider may impose a condition about 8 either or both of the following-- 9 (a) infrastructure; 10 (b) works to protect the operation of the infrastructure. 11 (2) The condition must be only for-- 12 (a) protecting or maintaining the safety or efficiency of the 13 provider's infrastructure network; or 14 (b) additional infrastructure costs; or 15 (c) protecting or maintaining the safety and efficiency of 16 public passenger transport. 17 Examples of a condition for safety or efficiency-- 18 · a deceleration lane and entry access to a shopping centre 19 development 20 · traffic signals at an intersection 1 block from a shopping centre 21 development 22 · upgrading transverse drainage under a State-controlled road 23 because of increased hard stand parking area from development 24 · road shoulder widening added to reconstruction of a road because 25 of increased traffic loading to stop road edge wear 26 · provision of a bus stop and adjacent pull-in bay in a large 27 residential subdivision to accommodate a public passenger 28 transport service 29 Page 431

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 653] · provision of a bus turning lane at an intersection for a shopping 1 centre development because of increased traffic loading 2 · upgrade of traffic control devices at a rail level crossing because of 3 increased vehicular crossings from nearby residential development 4 Example of a condition for additional infrastructure costs-- 5 contribution for the construction of road works on a State-controlled 6 road when land not in the priority infrastructure area is developed as a 7 large town-house estate--such as for the provision of footpaths, kerb 8 and channel with ancillary drainage and a landscaped noise buffer 9 (3) A condition under subsection (1) may require either or both of 10 the following-- 11 (a) infrastructure to be supplied at a different standard to the 12 standard stated in the priority infrastructure plan; 13 (b) different infrastructure to be supplied to the 14 infrastructure identified in the priority infrastructure 15 plan. 16 (4) Subsection (5) applies if infrastructure mentioned in 17 subsection (3)-- 18 (a) has replaced, or is to replace, infrastructure for which a 19 local government has collected, or may collect, an 20 infrastructure charge; and 21 (b) provides the same desired standard of service as the 22 replaced infrastructure. 23 (5) The local government must-- 24 (a) give the amount collected under the condition to the 25 State infrastructure provider to be used-- 26 (i) for the construction of the infrastructure; or 27 (ii) to reimburse the person who constructed the 28 infrastructure; or 29 (b) enter into an agreement with the State infrastructure 30 provider and the person required to comply with the 31 condition about when payment of the amount collected 32 will be made-- 33 Page 432

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 654] (i) for the construction of the infrastructure; or 1 (ii) to reimburse the person who constructed the 2 infrastructure. 3 (6) In this section-- 4 infrastructure network means transport infrastructure under 5 the Transport Infrastructure Act that is owned or controlled by 6 the State. 7 safety or efficiency of the provider's infrastructure network 8 means the safety of any of the users of the provider's 9 infrastructure network and others affected by the network or 10 the efficiency of the use of the provider's infrastructure 11 network. 12 Note-- 13 See any guidelines made by the chief executive administering the 14 Transport Infrastructure Act about safety or efficiency of a provider's 15 infrastructure network. 16 654 Requirements for conditions about safety or efficiency 17 (1) A condition imposed under section 653(2)(a) for supplying, or 18 contributing toward the cost of, infrastructure must state-- 19 (a) the infrastructure or works to be supplied or the 20 contribution to be made; and 21 (b) when the infrastructure or works must be supplied or the 22 contribution made. 23 (2) Subsection (3) applies if-- 24 (a) a development approval no longer has effect; and 25 (b) a contribution for infrastructure for safety and efficiency 26 has been made; and 27 (c) construction of the infrastructure had not substantially 28 commenced before the approval ceased to have effect. 29 (3) The State infrastructure provider must repay, to the person 30 who made the contribution, any part of the contribution the 31 Page 433

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 655] State infrastructure provider has not spent, or contracted to 1 spend, on the design and construction of the infrastructure 2 before the provider is told the development approval has 3 ceased to have effect. 4 655 Requirements for conditions about additional 5 infrastructure costs 6 (1) A State infrastructure provider may impose a condition under 7 section 653(2)(b) only to the extent the development-- 8 (a) is-- 9 (i) inconsistent with the assumptions stated in the 10 priority infrastructure plan; or 11 (ii) for premises completely or partly outside the 12 priority infrastructure area; and 13 (b) imposes additional infrastructure costs on the State 14 infrastructure provider. 15 (2) A condition mentioned in subsection (1) must state each of the 16 following-- 17 (a) why the condition is required; 18 (b) the amount of the payment required; 19 (c) details of the infrastructure for which the payment is 20 required; 21 (d) when the payment must be made; 22 (e) the person to whom the payment must be made; 23 (f) the applicant may elect to supply all or part of the 24 infrastructure instead of making payment for the 25 infrastructure to be supplied; 26 (g) if the applicant makes an election under paragraph (f)-- 27 (i) any requirements for supplying the infrastructure; 28 and 29 (ii) when the infrastructure must be supplied. 30 Page 434

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 655] (3) Unless the applicant and the infrastructure provider otherwise 1 agree in writing, for subsection (2)(d), the payment must be 2 made-- 3 (a) if the trunk infrastructure is necessary to service the 4 premises--by the day the development, or work 5 associated with the development, starts; or 6 (b) if the trunk infrastructure is not necessary to service the 7 premises-- 8 (i) for reconfiguring a lot--before the local 9 government approves the plan of subdivision for 10 the reconfiguration; or 11 (ii) for other development--before the use 12 commences. 13 (4) Subsection (5) applies if-- 14 (a) a development approval no longer has effect; and 15 (b) a payment for the additional infrastructure costs has 16 been made; and 17 (c) construction of the infrastructure has not substantially 18 commenced before the approval ceased having effect. 19 (5) The State infrastructure provider must repay to the person 20 who made the payment any part of the payment the State 21 infrastructure provider has not spent, or contracted to spend, 22 on the design and construction of the infrastructure before the 23 provider is told the development approval has ceased to have 24 effect. 25 (6) A condition imposed under this division complies with 26 section 345, to the extent the infrastructure is necessary, but 27 not yet available, to service development, even if the 28 infrastructure is also intended to service other development. 29 Page 435

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 656] 656 State infrastructure provider additional infrastructure 1 costs in priority infrastructure areas 2 (1) The costs that may be required by a State infrastructure 3 provider under section 655, for development completely in the 4 priority infrastructure area, may only include-- 5 (a) for infrastructure to be supplied earlier than the time 6 anticipated in the priority infrastructure plan, the 7 difference between-- 8 (i) the present value of the establishment cost of the 9 infrastructure; and 10 (ii) the present value of the establishment cost of the 11 infrastructure, if the development approval had not 12 been given; or 13 (b) for infrastructure associated with a different type, scale 14 or intensity of development from that anticipated in the 15 priority infrastructure plan--the establishment cost of 16 any additional infrastructure made necessary by the 17 development. 18 (2) The applicant is entitled to a refund from the State 19 infrastructure provider, on terms agreed with the State 20 infrastructure provider, and the local government for the 21 proportion of the establishment cost of the infrastructure-- 22 (a) that reasonably can be apportioned to the other users' 23 premises mentioned in subsection (1)(b); and 24 (b) collected, or to be collected, under an infrastructure 25 charges schedule. 26 657 State infrastructure provider additional infrastructure 27 costs outside priority infrastructure areas 28 (1) The costs that may be required under section 655, for 29 development completely or partly outside the priority 30 infrastructure area, may only include-- 31 (a) the establishment cost of any infrastructure made 32 necessary by the development; and 33 Page 436

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 658] (b) the maintenance and operating costs of the 1 infrastructure mentioned in paragraph (a) for up to 5 2 years; and 3 (c) the establishment, maintenance and operating costs of 4 any temporary infrastructure required to ensure the safe 5 or efficient operation of the infrastructure mentioned in 6 paragraph (a) for up to 5 years. 7 (2) Subsection (3) applies if the planning scheme indicates the 8 premises is part of an area intended for future development 9 for-- 10 (a) residential purposes, other than rural residential 11 purposes; or 12 (b) retail or commercial purposes; or 13 (c) industrial purposes; or 14 (d) community or government purposes related to a purpose 15 mentioned in paragraph (a), (b) or (c). 16 (3) For subsection (1)(a), infrastructure made necessary by the 17 development includes the infrastructure necessary to service 18 the balance of the area mentioned in subsection (2). 19 Division 9 Miscellaneous 20 658 Agreements for infrastructure partnerships 21 (1) A person may enter into a written agreement with a public 22 sector entity about-- 23 (a) supplying or funding infrastructure; or 24 (b) refunding payments made towards the cost of supplying 25 or funding infrastructure. 26 (2) Subsection (1) has effect despite divisions 2 to 8 or chapter 6, 27 part 5, division 6. 28 Page 437

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 1 Infrastructure planning and funding [s 659] 659 Sale of particular land held on trust by local governments 1 (1) Subsection (2) applies if-- 2 (a) a local government intends to sell land it holds on trust 3 in fee simple; and 4 (b) the land is held on trust for public parks infrastructure or 5 local community facilities; and 6 (c) the local government completely or partly obtained the 7 land in relation to-- 8 (i) an infrastructure charge levied, or a condition of an 9 approval given, under this Act, repealed IPA or the 10 repealed LGP&E Act; or 11 (ii) a condition of a compliance permit; and 12 (d) the sale of the land would not be inconsistent with a 13 current infrastructure agreement under which the local 14 government obtained the land. 15 (2) The local government must advertise its intention to sell the 16 land by placing a notice of the sale in a newspaper circulating 17 in the local government's area. 18 (3) The notice must contain-- 19 (a) a description of the land proposed to be sold; and 20 (b) the purpose for which the land was given on trust; and 21 (c) the reason for proposing to sell the land; and 22 (d) the reasonable period within which submissions must be 23 made. 24 (4) The local government must consider all submissions in 25 relation to the notice before making a decision about the sale. 26 (5) If a local government complies with this section and sells the 27 land-- 28 (a) the land is sold free of the trust; and 29 Page 438

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 2 Infrastructure agreements [s 660] (b) the proceeds of the sale must be used for providing 1 public parks infrastructure or land for local community 2 facilities servicing the land. 3 Part 2 Infrastructure agreements 4 660 Definition for pt 2 5 In this part-- 6 infrastructure agreement means an agreement, as amended 7 from time to time, mentioned in any of the following 8 sections-- 9 · section 348, to the extent the agreement is about a 10 condition for the payment for, or the supply of, 11 infrastructure 12 · section 631 13 · section 632 14 · section 637 15 · section 639 16 · section 647 17 · section 648 18 · section 649 19 · section 650 20 · section 651 21 · section 653 22 · section 655 23 · section 656 24 · section 658. 25 Page 439

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 2 Infrastructure agreements [s 661] 661 Content of infrastructure agreements 1 (1) An infrastructure agreement must-- 2 (a) if obligations under the agreement would be affected by 3 a change in the ownership of the land, the subject of the 4 agreement--include a statement about how the 5 obligations must be fulfilled if there is a change of 6 ownership; and 7 (b) if the fulfilment of obligations under the agreement 8 depends on development entitlements that may be 9 affected by a change to a planning instrument--include 10 a statement about-- 11 (i) the repayment of amounts paid, and reimbursement 12 of amounts expended, under the agreement; and 13 (ii) changing or cancelling the obligations if the 14 development entitlements are changed without the 15 consent of the person who has to fulfil the 16 obligations; and 17 (c) include any other matter prescribed under a regulation. 18 (2) To remove any doubt, it is declared that an infrastructure 19 agreement may-- 20 (a) include matters that are not within the jurisdiction of a 21 public sector entity that is a party to the agreement; and 22 (b) relate to-- 23 (i) the making of a structure plan for a declared master 24 planned area; or 25 (ii) master plans for a master planned area. 26 (3) However-- 27 (a) if the public sector entity is a local government; and 28 (b) it is proposed to include in the agreement a provision for 29 payment to the local government for making the 30 structure plan; 31 Page 440

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 2 Infrastructure agreements [s 662] the amount payable must take into account any amounts paid 1 or payable to the local government under chapter 4, part 2, 2 division 3, for making the structure plan. 3 662 Copy of infrastructure agreements to be given to local 4 government 5 If a public sector entity other than a local government is a 6 party to an infrastructure agreement, and the local government 7 for the area to which the agreement applies is not a party to 8 the agreement, the public sector entity must give a copy of the 9 agreement to the local government. 10 663 When infrastructure agreements bind successors in title 11 (1) If an owner of land to which an infrastructure agreement 12 applies is a party to the agreement or consents to the 13 development obligations being attached to the land, the 14 development obligations attach to the land and bind the owner 15 and the owner's successors in title of the land. 16 (2) If the owner's consent under subsection (1) is given but is not 17 endorsed on the agreement, the owner must give a copy of the 18 document evidencing the owner's consent to the local 19 government for the land to which the consent applies. 20 (3) However, if the agreement states that if the land is subdivided 21 part of the land is to be released from the development 22 obligations, and the land is subdivided-- 23 (a) the part of the land is released from the development 24 obligations; and 25 (b) the development obligations are no longer binding on 26 the owner of the part of the land. 27 (4) In this section-- 28 development obligations means the obligations under the 29 infrastructure agreement other than the obligations to be 30 fulfilled by a public sector entity. 31 Page 441

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 2 Infrastructure agreements [s 664] 664 Exercise of discretion unaffected by infrastructure 1 agreements 2 An infrastructure agreement is not invalid merely because its 3 fulfilment depends on the exercise of a discretion by a public 4 sector entity about-- 5 (a) a structure plan or proposed structure plan; or 6 (b) a master plan or an application for approval of a master 7 plan; or 8 (c) an existing or future development application; or 9 (d) an existing or future request for compliance assessment. 10 665 Infrastructure agreements prevail if inconsistent with 11 particular instruments 12 (1) To the extent an infrastructure agreement is inconsistent with 13 a development approval, master plan or compliance permit, 14 the agreement prevails. 15 (2) To the extent an infrastructure agreement is inconsistent with 16 any of the following, the agreement prevails-- 17 (a) an infrastructure charges notice or negotiated 18 infrastructure charges notice; 19 (b) a regulated infrastructure charges notice or negotiated 20 regulated infrastructure charges notice; 21 (c) a regulated State infrastructure charges notice or 22 negotiated regulated State infrastructure charges notice. 23 Page 442

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 3 Funding of State infrastructure in master planned areas [s 666] Part 3 Funding of State infrastructure 1 in master planned areas 2 666 Purpose of pt 3 3 The purpose of this part is-- 4 (a) to seek to integrate land use and State infrastructure 5 plans for master planned areas; and 6 (b) to establish an infrastructure funding framework for 7 State infrastructure in master planned areas; and 8 (c) to integrate State infrastructure providers into the 9 framework. 10 Note-- 11 See also section 196 (Modified application of provisions about 12 infrastructure for master plan). 13 667 Power to make regulated State infrastructure charges 14 schedule for master planned area 15 (1) A structure plan may include, or a State planning regulatory 16 provision may provide for, a regulated State infrastructure 17 charges schedule for a master planned area. 18 (2) The Minister may seek advice or comment from the 19 Queensland Competition Authority about a regulated State 20 infrastructure charges schedule for a master planned area. 21 668 Content of regulated State infrastructure charges 22 schedule 23 (1) A regulated State infrastructure charges schedule for a master 24 planned area must state-- 25 (a) the infrastructure network that services, or is planned to 26 service, the area; and 27 (b) a charge for the supply of the State infrastructure for the 28 area (a regulated State infrastructure charge); and 29 Page 443

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 3 Funding of State infrastructure in master planned areas [s 669] (c) the development for which the charge may be levied. 1 (2) A regulated State infrastructure charges schedule may also 2 state a matter related to a matter mentioned in subsection (1). 3 669 Regulated State infrastructure charges notice 4 (1) A notice requiring the payment of a regulated State 5 infrastructure charge (a regulated State infrastructure 6 charges notice) must state each of the following-- 7 (a) the amount of the charge; 8 (b) the land to which the charge applies; 9 (c) when the charge is payable; 10 (d) the State infrastructure network for which the charge has 11 been stated. 12 (2) If the notice is given as a result of a development approval-- 13 (a) the relevant State infrastructure provider must give the 14 notice to the applicant at the same time as the 15 concurrence agency's response is given to the 16 assessment manager; and 17 (b) the charge is not recoverable unless the entitlements 18 under the development approval are exercised; and 19 (c) the notice lapses if the approval stops having effect. 20 (3) If the notice is not given as a result of a development approval, 21 the relevant State infrastructure provider must give the notice 22 to the owner of the land. 23 (4) The amount of a regulated State infrastructure charge must 24 take account of any relevant infrastructure charge for State 25 infrastructure. 26 Example-- 27 an infrastructure charge relating to the local function of State-controlled 28 roads 29 Page 444

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 3 Funding of State infrastructure in master planned areas [s 670] 670 When regulated State infrastructure charge is payable 1 A regulated State infrastructure charge is payable-- 2 (a) if the charge applies to reconfiguring a lot that is 3 assessable development--before the local government 4 approves the plan of subdivision for the reconfiguration; 5 or 6 (b) if the charge applies to building work that is assessable 7 development--before the certificate of classification for 8 the building work is issued; or 9 (c) if the charge applies to a material change of use--before 10 the change of use happens; or 11 (d) otherwise--on the day stated in the regulated State 12 infrastructure charges notice or negotiated regulated 13 State infrastructure charges notice. 14 671 Application of regulated State infrastructure charges 15 A regulated State infrastructure charge levied and collected 16 for a network of State infrastructure must be used to provide 17 infrastructure for the network. 18 672 Accounting for regulated State infrastructure charges 19 To remove any doubt, it is declared that a regulated State 20 infrastructure charge levied and collected by a State 21 infrastructure provider need not be held in trust. 22 673 Infrastructure agreements about, and alternatives to 23 paying regulated State infrastructure charges 24 Despite sections 669 and 670, a person to whom a regulated 25 State infrastructure charges notice or a negotiated regulated 26 State infrastructure charges notice has been given and the 27 State infrastructure provider may enter into an infrastructure 28 agreement for the charge, including, for example, that-- 29 Page 445

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 3 Funding of State infrastructure in master planned areas [s 674] (a) the charge may be paid at a different time from the time 1 stated in the notice, and whether it may be paid by 2 instalments; or 3 (b) whether the State infrastructure may be supplied instead 4 of paying all or part of the charge; or 5 (c) land in fee simple may be given instead of paying the 6 charge or part of the charge; or 7 (d) other infrastructure, or contributions to other 8 infrastructure, may be provided instead of paying the 9 charge or part of the charge. 10 674 Recovery of regulated State infrastructure charges 11 (1) A regulated State infrastructure charge is a charge in favour of 12 the State on the land to which the charge applies. 13 (2) The Local Government Act, section 1018 and chapter 14, part 14 7, apply for the charge-- 15 (a) as if it were a rate under that Act; and 16 (b) as if a reference in the provisions to an overdue rate 17 were a reference to the charge; and 18 (c) as if a reference in the provisions to a local government 19 were a reference to the State; and 20 (d) as if a reference in the provisions to the chief executive 21 officer of a local government were a reference to the 22 executive officer of the State infrastructure provider that 23 gave the relevant regulated State infrastructure charges 24 notice or negotiated regulated State infrastructure 25 charges notice; and 26 (e) with other necessary changes. 27 Editor's note-- 28 Local Government Act, section 1018 (Overdue rates may bear interest) 29 and chapter 14, part 7 (Recovery of rates) 30 Page 446

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 4 Changing notices [s 675] Part 4 Changing notices 1 675 Definition for pt 4 2 In this part-- 3 relevant appeal period, for a person who has been given an 4 infrastructure charges notice, regulated infrastructure charges 5 notice or regulated State infrastructure charges notice, means 6 the period within which the person may appeal against the 7 notice to the court or a building and development committee 8 under section 478 or 535. 9 676 Application of pt 4 10 This part applies to a person who has been given an 11 infrastructure charges notice, regulated infrastructure charges 12 notice or regulated State infrastructure charges notice only 13 during the person's relevant appeal period. 14 677 Representations about notice 15 The person may make representations about the notice to-- 16 (a) for an infrastructure charges notice or regulated 17 infrastructure charges notice--the local government that 18 gave the notice; or 19 (b) for a regulated State infrastructure charges notice--the 20 State infrastructure provider that gave the notice. 21 678 Consideration of representations 22 The entity that gave the infrastructure charges notice, 23 regulated infrastructure charges notice or regulated State 24 infrastructure charges notice must consider any 25 representations made to the entity under section 677. 26 Page 447

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 4 Changing notices [s 679] 679 Decision about representations 1 (1) If the entity agrees with any of the representations, the entity 2 must give to the person-- 3 (a) for representations about an infrastructure charges 4 notice--a new infrastructure charges notice (the 5 negotiated infrastructure charges notice); or 6 (b) for representations about a regulated infrastructure 7 charges notice--a new regulated infrastructure charges 8 notice (the negotiated regulated infrastructure charges 9 notice); or 10 (c) for representations about a regulated State infrastructure 11 charges notice--a new regulated State infrastructure 12 charges notice (the negotiated regulated State 13 infrastructure charges notice). 14 (2) The entity may give only 1 negotiated infrastructure charges 15 notice, negotiated regulated infrastructure charges notice or 16 negotiated regulated State infrastructure charges notice. 17 (3) The negotiated infrastructure charges notice, negotiated 18 regulated infrastructure charges notice or negotiated regulated 19 State infrastructure charges notice-- 20 (a) must be given within 5 business days after the day the 21 entity agrees with the representations; and 22 (b) must be in the same form as the notice previously given; 23 and 24 (c) must state the nature of the changes; and 25 (d) replaces the notice previously given. 26 (4) If the entity does not agree with any of the representations, the 27 entity must, within 5 business days after the day the entity 28 decides not to agree with any of the representations, give a 29 written notice to the person stating the decision about the 30 representations. 31 Page 448

 


 

Sustainable Planning Bill 2009 Chapter 8 Infrastructure Part 4 Changing notices [s 680] 680 Suspension of relevant appeal period 1 (1) If the person given the infrastructure charges notice, regulated 2 infrastructure charges notice or regulated State infrastructure 3 charges notice needs more time to make the written 4 representations, the person may, by written notice given to the 5 entity that gave the notice, suspend the person's relevant 6 appeal period. 7 (2) The person may act under subsection (1) only once. 8 (3) If the written representations are not made within 20 business 9 days after the day written notice was given to the entity, the 10 balance of the person's relevant appeal period restarts. 11 (4) If the written representations are made within 20 business 12 days after the day written notice was given to the entity-- 13 (a) if the person gives the entity a notice withdrawing the 14 notice under subsection (1)--the balance of the person's 15 relevant appeal period restarts the day after the entity 16 receives the notice of withdrawal; or 17 (b) if the entity gives the person a notice under section 18 679(4)--the balance of the person's relevant appeal 19 period restarts the day after the person receives the 20 notice; or 21 (c) if the entity gives the person a negotiated infrastructure 22 charges notice, negotiated regulated infrastructure 23 charges notice or negotiated regulated State 24 infrastructure charges notice (the negotiated 25 notice)--the person's relevant appeal period starts again 26 the day after the person receives the negotiated notice. 27 Page 449

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 1 Existing uses and rights protected [s 681] Chapter 9 Miscellaneous 1 Part 1 Existing uses and rights 2 protected 3 681 Lawful uses of premises on commencement 4 (1) To the extent an existing use of premises was lawful 5 immediately before the commencement of this Act, the use is 6 taken to be a lawful use under this Act on the commencement. 7 (2) To remove any doubt, it is declared that subsection (1) does 8 not, and has never, affected or otherwise limited a requirement 9 under another Act to obtain an approval for the existing use. 10 Example of an approval-- 11 an environmental authority under the Environmental Protection Act 12 682 Lawful uses of premises protected 13 (1) Subsection (2) applies if-- 14 (a) immediately before the commencement of a planning 15 instrument or an amendment of a planning instrument, 16 the use of premises was a lawful use of the premises; or 17 (b) immediately before an existing planning instrument 18 starts applying to land, the use of premises was a lawful 19 use of the premises. 20 (2) Neither the instrument nor the amendment can-- 21 (a) stop the use from continuing; or 22 (b) further regulate the use; or 23 (c) require the use to be changed. 24 Page 450

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 1 Existing uses and rights protected [s 683] 683 Lawfully constructed buildings and works protected 1 To the extent a building or other work has been lawfully 2 constructed or effected, neither a planning instrument nor an 3 amendment of a planning instrument can require the building 4 or work to be altered or removed. 5 684 New planning instruments can not affect existing 6 development approvals or compliance permits 7 (1) This section applies if-- 8 (a) a development approval or compliance permit exists for 9 premises; and 10 (b) after the approval or permit is given, a new planning 11 instrument or an amendment of a planning instrument 12 commences. 13 (2) To the extent the approval or permit has not lapsed, neither the 14 planning instrument nor the amendment can stop or further 15 regulate the development, or otherwise affect the approval or 16 permit. 17 Note-- 18 See also section 154 (New planning instruments can not affect approved 19 master plan). 20 685 Implied and uncommenced right to use premises 21 protected 22 (1) Subsection (2) applies if-- 23 (a) a development approval comes into effect for a 24 development application; and 25 (b) when the application was properly made, a material 26 change of use, for a use implied by the application, was 27 self-assessable development or exempt development; 28 and 29 Page 451

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 1 Existing uses and rights protected [s 685] (c) after the application was properly made, but before the 1 use started, a new planning instrument, or an 2 amendment of a planning instrument-- 3 (i) declared the material change of use to be 4 assessable development or development requiring 5 compliance assessment; or 6 (ii) changed an applicable code for the material change 7 of use. 8 (2) The use is taken to be a lawful use in existence immediately 9 before the commencement of the new planning instrument or 10 amendment if-- 11 (a) the development, the subject of the approval, is 12 completed within the time stated for completion of the 13 development in-- 14 (i) a permit; or 15 (ii) this Act; and 16 (b) the use of the premises starts within 5 years after the 17 completion. 18 (3) Subsection (4) applies if-- 19 (a) a compliance permit comes into effect for development; 20 and 21 (b) when the request for compliance assessment of the 22 development was made, a material change of use, for a 23 use implied by the development, was self-assessable 24 development or exempt development; and 25 (c) after the request was made, but before the use started, a 26 new planning instrument, or an amendment of a 27 planning instrument-- 28 (i) declared the material change of use to be 29 assessable development or development requiring 30 compliance assessment; or 31 (ii) changed an applicable code for the material change 32 of use. 33 Page 452

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 1 Existing uses and rights protected [s 686] (4) The use is taken to be a lawful use in existence immediately 1 before the commencement of the new planning instrument or 2 amendment if the use of the premises starts within 5 years 3 after the compliance permit is given. 4 686 State forests 5 For this Act, each of the following is taken to be an existing 6 lawful use of a State forest-- 7 (a) conservation; 8 (b) planting trees, or managing, felling and removing 9 standing trees, for an ongoing forestry business in a 10 plantation or native forest; 11 (c) grazing; 12 (d) recreation. 13 687 Particular development may still be assessable or 14 self-assessable development or development requiring 15 compliance assessment 16 Nothing in this part stops development in relation to a lawful 17 use being prescribed under a regulation under section 232(1) 18 as self-assessable development, development requiring 19 compliance assessment or assessable development if the 20 development begins after it is so prescribed. 21 Page 453

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 688] Part 2 Environmental impact 1 statements 2 Division 1 Preliminary 3 688 When EIS process applies 4 This part applies for development prescribed under a 5 regulation, if the development-- 6 (a) is or is proposed to be the subject of a development 7 application; or 8 (b) is for community infrastructure intended to be carried 9 out on land proposed to be designated for the 10 infrastructure; or 11 (c) is or is proposed to be the subject of a master plan 12 application. 13 689 Purpose of EIS process 14 The purpose of the EIS process is as follows-- 15 (a) to assess-- 16 (i) the potential adverse and beneficial environmental, 17 economic and social impacts of the development; 18 and 19 (ii) management, monitoring, planning and other 20 measures proposed to minimise any adverse 21 environmental impacts of the development; 22 (b) if practicable, to consider feasible alternative ways to 23 carry out the development; 24 (c) to give enough information about the matters mentioned 25 in paragraphs (a) and (b) to the proponent, 26 Commonwealth and State authorities and the public; 27 Page 454

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 689] (d) to prepare or propose an environmental management 1 plan for the development; 2 (e) for development under section 688(a)--to help the 3 assessment manager and any concurrence agencies to 4 make an informed decision about the development 5 application; 6 (f) for development under section 688(b)--to help the 7 designator to make an informed decision about-- 8 (i) whether or not to proceed with a proposed 9 designation; and 10 (ii) if the designation proceeds--the requirements 11 included in the designation; 12 Note-- 13 See section 202 (What designations may include). 14 (g) for development under section 688(c)--to help the local 15 government and any coordinating agency and 16 participating agency to make an informed decision on 17 the master plan application; 18 (h) to meet any assessment requirements under-- 19 (i) the Commonwealth Environment Act for 20 development that is, or includes, a controlled 21 action under that Act; or 22 (ii) a bilateral agreement; 23 (i) to allow the State to meet its obligations, if any, under a 24 bilateral agreement. 25 Notes-- 26 1 For controlled actions under the Commonwealth Environment Act, 27 see section 67 (What is a controlled action?) of that Act. 28 2 For assessment requirements of controlled actions, see chapter 4, 29 part 8 (Assessing impacts of controlled actions) of that Act. 30 3 For bilateral agreements, see chapter 3 (Bilateral agreements) of 31 that Act. 32 Page 455

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 690] Division 2 EIS process 1 690 Applying for terms of reference 2 (1) A proponent of development to which this part applies must 3 apply to the chief executive for terms of reference for an EIS 4 for the development. 5 (2) The application must be made in the approved form and be 6 accompanied by the fee prescribed under a regulation for 7 administering the terms of reference. 8 (3) If an applicant proposes to make 1 or more applications for 9 preliminary approval for the development, the EIS must be 10 prepared for the first of the applications. 11 (4) If an applicant proposes to make 1 or more master plan 12 applications for the development, the EIS must be prepared 13 for the first of the applications. 14 (5) Despite subsections (3) and (4), if the chief executive agrees 15 that the EIS can be prepared for a stated later application, the 16 EIS must be prepared for that application. 17 691 Draft terms of reference for EIS 18 (1) Subsection (2) applies-- 19 (a) after the chief executive receives the application; and 20 (b) if the chief executive, having regard to criteria 21 prescribed under a regulation, is satisfied draft terms of 22 reference for the EIS should be publicly notified; and 23 (c) after the chief executive consults the relevant entities 24 mentioned in section 700(b), (c) and (d). 25 (2) The chief executive must prepare draft terms of reference that 26 allow the purposes of the EIS to be achieved for the 27 development. 28 (3) The chief executive must publish a notice stating each of the 29 following-- 30 Page 456

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 691] (a) a description of the development and of the land on 1 which the development is proposed to be carried out; 2 (b) that the chief executive has prepared draft terms of 3 reference for the EIS; 4 (c) where a copy of the draft terms of reference may be 5 inspected and, on payment of a reasonable fee, 6 purchased; 7 (d) that anyone may make written comments to the chief 8 executive about the draft terms of reference; 9 (e) the day by which comments must be made (the last day 10 for making comments) and the address for making 11 comments; 12 (f) another matter prescribed under a regulation. 13 (4) The notice must be published at least once in the way 14 prescribed under a regulation. 15 (5) The last day for making comments must not be earlier than 15 16 business days after the notice is published. 17 (6) The fee mentioned in subsection (3)(c) must not be more than 18 the actual cost of producing the copy. 19 (7) The chief executive must, until the last day for making 20 comments, keep-- 21 (a) a copy of the draft terms of reference available for 22 inspection and purchase; and 23 (b) brief details about the draft terms of reference available 24 on the department's website. 25 (8) Until the last day for making comments, any person may 26 make written comments to the chief executive about the draft 27 terms of reference. 28 (9) Also, the chief executive must give a copy of the notice and 29 the draft terms of reference to-- 30 Page 457

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 692] (a) each local government whose local government area the 1 chief executive is satisfied the draft terms of reference 2 relate to; and 3 (b) for development that is, or is proposed to be, the subject 4 of a development application--each entity that is, or 5 would be, a referral agency; and 6 (c) for development that is, or is proposed to be, the subject 7 of a master plan application--any coordinating agency. 8 (10) A local government receiving a copy of the draft terms of 9 reference must make the copy available for inspection and 10 purchase until the last day for making comments. 11 692 Terms of reference for EIS 12 (1) The chief executive must-- 13 (a) if the chief executive has acted under section 14 691--finalise the terms of reference and give them to 15 the proponent within 10 business days after the end of 16 the period for making comments; or 17 (b) if the chief executive has not prepared draft terms of 18 reference-- 19 (i) prepare draft terms of reference the chief executive 20 is satisfied will allow the purposes of the EIS to be 21 achieved for the development; and 22 (ii) give them to the proponent within 20 business days 23 after the chief executive receives the application. 24 (2) For subsection (1)(a), the chief executive must take account of 25 any comments received on or before the last day for making 26 comments. 27 (3) The chief executive may extend the period for preparing or 28 finalising the terms of reference if the chief executive gives 29 the proponent notice of the extension before the period ends. 30 (4) The notice must state a new day by which the chief executive 31 must give the proponent the terms of reference. 32 Page 458

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 693] (5) The chief executive must, within 5 business days after the 1 chief executive gave a copy of the terms of reference to the 2 proponent, also give a copy of the terms of reference to-- 3 (a) to the extent the development for which the terms of 4 reference have been prepared is, or is proposed to be, the 5 subject of a development application-- 6 (i) the assessment manager and all referral agencies; 7 or 8 (ii) the entities that would be the assessment manager 9 and all referral agencies for a development 10 application for the development, if an application 11 is made; and 12 (b) to the extent the development for which the terms of 13 reference have been prepared is for community 14 infrastructure intended to be carried out on land 15 proposed to be designated for the infrastructure--the 16 entity who would be the designator under chapter 5; and 17 (c) to the extent the development for which the terms of 18 reference have been prepared is, or is proposed to be, the 19 subject of a master plan application--the local 20 government and any coordinating agency. 21 693 Preparation of draft EIS 22 (1) The proponent must prepare a draft EIS and give it to the chief 23 executive together with the fee prescribed under a regulation 24 for administering the remaining EIS process. 25 (2) If the chief executive is satisfied the draft EIS addresses the 26 terms of reference and includes any matters prescribed under 27 a regulation for inclusion in the draft EIS, the chief executive 28 must give the proponent a written notice to that effect. 29 694 Public notification of draft EIS 30 (1) After the proponent has received notice under section 693(2), 31 the proponent must-- 32 Page 459

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 694] (a) publish a notice stating each of the following-- 1 (i) a description of the development and of the land on 2 which the development is proposed to be carried 3 out; 4 (ii) where a copy of the draft EIS and any associated 5 documents decided by the chief executive may be 6 inspected and, on payment of a reasonable fee, 7 purchased; 8 (iii) that anyone may make written submissions to the 9 chief executive about the draft EIS; 10 (iv) the day by which submissions must be made (the 11 last day for making submissions) and the address 12 for making a submission; 13 (v) another matter prescribed under a regulation; and 14 (b) to the extent the development for which the EIS has 15 been prepared is, or is proposed to be, the subject of a 16 development application, give a copy of the draft EIS 17 to-- 18 (i) the assessment manager and all referral agencies; 19 or 20 (ii) the entities that would be the assessment manager 21 and all referral agencies for a development 22 application for the development, if an application 23 is made; and 24 (c) to the extent the development for which the EIS has 25 been prepared is for community infrastructure intended 26 to be carried out on land proposed to be designated for 27 the infrastructure, give a copy of the draft EIS to the 28 entity who would be the designator under chapter 5; and 29 (d) to the extent the development for which the EIS has 30 been prepared is, or is proposed to be, the subject of a 31 master plan application--give a copy of the draft EIS to 32 the local government and any coordinating agency. 33 Page 460

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 695] (2) The notice must be published at least once in the way 1 prescribed under a regulation. 2 (3) The last day for making submissions must not be earlier than 3 30 business days after the notice is published. 4 (4) The fee mentioned in subsection (1)(a)(ii) must not be more 5 than the actual cost of producing the copy. 6 (5) The chief executive must, until the last day for making 7 submissions, keep-- 8 (a) a copy of the draft EIS and any associated documents 9 decided by the chief executive available for inspection 10 and purchase; and 11 (b) brief details about the draft EIS available on the 12 department's website. 13 (6) The chief executive must give a copy of the notice and the 14 draft EIS to each local government whose local government 15 area the chief executive is satisfied the EIS relates. 16 (7) A local government receiving a copy of the draft EIS must 17 make the copy available for inspection and purchase until the 18 last day for making submissions. 19 695 Making submissions on draft EIS 20 (1) Until the last day for making submissions-- 21 (a) any person may make a submission to the chief 22 executive about the draft EIS; and 23 (b) the chief executive must accept properly made 24 submissions about the draft EIS. 25 (2) However, the chief executive may accept a submission even if 26 the submission is not a properly made submission. 27 (3) If the chief executive accepts a submission, the person who 28 made the submission may, by notice given to the chief 29 executive-- 30 Page 461

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 696] (a) until the last day for making submissions--amend the 1 submission; or 2 (b) at any time before the chief executive gives the EIS to 3 the assessment manager--withdraw the submission. 4 696 Chief executive evaluates draft EIS, submissions and 5 other relevant material 6 (1) The chief executive must, after the last day for making 7 submissions and consulting the relevant entities mentioned in 8 section 700(b), (c) and (d), consider each of the following-- 9 (a) the draft EIS; 10 (b) all properly made submissions; 11 (c) other submissions accepted by the chief executive about 12 the draft EIS; 13 (d) any other material the chief executive considers is 14 relevant to the draft EIS. 15 (2) After considering the matters mentioned in subsection (1), the 16 chief executive must give the proponent a notice-- 17 (a) asking the proponent to change the draft EIS in a way 18 stated in the notice; or 19 (b) stating the chief executive has accepted the draft EIS as 20 the EIS for the development. 21 (3) The chief executive's action under subsection (2) must be 22 based on the chief executive's considerations under subsection 23 (1). 24 (4) If the chief executive asks the proponent to change the draft 25 EIS, the chief executive must, when the chief executive is 26 satisfied with the changed draft EIS, give the proponent a 27 notice stating the chief executive has accepted the changed 28 draft as the EIS for the development. 29 Page 462

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 697] 697 EIS assessment report 1 The chief executive must prepare a report (an EIS assessment 2 report) about the EIS within 30 business days after the chief 3 executive gave the proponent the notice under section 4 696(2)(b). 5 698 Criteria for preparing report 6 In preparing the EIS assessment report, the chief executive 7 must consider each of the following-- 8 (a) the terms of reference for the EIS; 9 (b) the EIS; 10 (c) all properly made submissions and any other 11 submissions accepted by the chief executive; 12 (d) any other material the chief executive considers is 13 relevant to preparing the report. 14 699 Required content of report 15 The EIS assessment report must-- 16 (a) address the adequacy of the EIS in addressing the terms 17 of reference; and 18 (b) address the adequacy of any environmental management 19 plan for the development; and 20 (c) make recommendations about the suitability of the 21 development; and 22 (d) recommend any conditions on which any approval 23 required for the development may be given; and 24 (e) contain any other matter prescribed under a regulation. 25 Page 463

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 700] 700 Who the chief executive must give EIS and other material 1 to 2 The chief executive must, within 5 business days after the 3 chief executive completes the EIS assessment report, give the 4 EIS, copies of all properly made submissions, copies of 5 submissions the chief executive has accepted and the EIS 6 assessment report to-- 7 (a) the proponent; and 8 (b) to the extent the development for which the EIS has 9 been prepared is, or is proposed to be, the subject of a 10 development application-- 11 (i) the assessment manager and all referral agencies; 12 or 13 (ii) the entities that would be the assessment manager 14 and all referral agencies for a development 15 application for the development, if an application 16 is made; and 17 (c) to the extent the development for which the EIS has 18 been prepared is for community infrastructure intended 19 to be carried out on land proposed to be designated for 20 the infrastructure--the entity who would be the 21 designator under chapter 5; and 22 (d) to the extent the development for which the EIS has 23 been prepared is, or is proposed to be, the subject of a 24 master plan application--the local government and any 25 coordinating agency; and 26 (e) another entity prescribed under a regulation. 27 Division 3 How EIS process affects IDAS 28 701 How IDAS applies for development the subject of an EIS 29 (1) Subsection (2) applies to a development application to the 30 extent the development is the subject of the EIS. 31 Page 464

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 2 Environmental impact statements [s 701] (2) For the application-- 1 (a) the EIS and the EIS assessment report are part of the 2 supporting material; and 3 (b) sections 276 to 281 and the notification stage do not 4 apply; and 5 (c) for development requiring impact assessment--a 6 properly made submission about the draft EIS is taken 7 to be a properly made submission about the application; 8 and 9 (d) if there is a referral agency--the referral agency's 10 assessment period does not start unless the chief 11 executive gives the referral agency the material under 12 section 700; and 13 (e) if there is no referral agency--the decision stage does 14 not start unless the chief executive gives the assessment 15 manager the material under section 700; and 16 (f) if the application is changed in a way that the 17 development is substantially different--the EIS process 18 starts again for the development. 19 (3) If the application has not been made, subsection (2) applies 20 only to the extent-- 21 (a) the application is made within 3 months after the chief 22 executive gives the applicant all of the material as 23 required under section 700; and 24 (b) the development is substantially the same as the 25 development to which the EIS relates. 26 (4) The chief executive may extend the time mentioned in 27 subsection (3)(a) at any time before the period ends. 28 Page 465

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 702] Division 4 How EIS process affects 1 designation 2 702 Matters a designator must consider 3 (1) Subsection (2) applies to the extent the development, the 4 subject of the EIS, is development for community 5 infrastructure intended to be carried out on land proposed to 6 be designated for the infrastructure. 7 (2) In fulfilling the designator's functions under sections 4(1)(a) 8 and 5(1), the designator must have regard to the EIS and the 9 EIS assessment report. 10 Part 3 Compensation 11 703 Definitions for pt 3 12 In this part-- 13 change, for an interest in land, means a change to the 14 planning scheme or any planning scheme policy affecting the 15 land. 16 owner, of an interest in land, means an owner of the interest at 17 the time a change relating to the interest is made. 18 704 Compensation for reduced value of interest in land 19 (1) An owner of an interest in land is entitled to be paid 20 reasonable compensation by a local government if-- 21 (a) a change reduces the value of the interest; and 22 (b) a request is made to a local government under chapter 3, 23 part 2, division 5-- 24 Page 466

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 704] (i) to apply a superseded planning scheme to the 1 carrying out of assessable development; or 2 (ii) to assess and decide a proposed development 3 application under a superseded planning scheme; 4 or 5 (iii) to-- 6 (A) accept a request for compliance assessment 7 of development that is assessable 8 development and was development requiring 9 compliance assessment under a superseded 10 planning scheme; and 11 (B) assess and decide the request under the 12 superseded planning scheme; and 13 (c) the local government decides to refuse the request; and 14 (d) a development application for a development permit has 15 been made for the development for which the request 16 was made; and 17 (e) the application is assessed having regard to the planning 18 scheme and planning scheme policies in effect when the 19 application was made; and 20 (f) the assessment manager, or, on appeal, the court or 21 building and development committee-- 22 (i) refuses the application; or 23 (ii) approves the application in part or subject to 24 conditions or both in part and subject to conditions. 25 (2) Also, an owner of an interest in land is entitled to be paid 26 reasonable compensation by a local government if-- 27 (a) a change reduces the value of the interest; and 28 (b) a request is made to a local government under chapter 3, 29 part 2, division 5-- 30 Page 467

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 704] (i) to apply a superseded planning scheme to the 1 carrying out of development requiring compliance 2 assessment; or 3 (ii) to assess and decide a proposed request for 4 compliance assessment under a superseded 5 planning scheme; and 6 (c) the local government decides to refuse the request 7 mentioned in paragraph (b); and 8 (d) a request for compliance assessment has been made for 9 the development for which the request mentioned in 10 paragraph (b) was made; and 11 (e) the request for compliance assessment is assessed 12 having regard to the planning scheme and planning 13 scheme policies in effect when the request was made; 14 and 15 (f) the compliance assessor, or, on appeal, the court or 16 building and development committee approves the 17 application subject to conditions. 18 (3) In addition, an owner of an interest in land is entitled to be 19 paid reasonable compensation by a local government if-- 20 (a) a change reduces the value of the interest; and 21 (b) a request is made to a local government under chapter 3, 22 part 2, division 5-- 23 (i) to apply a superseded planning scheme to the 24 carrying out of prohibited development; or 25 (ii) to accept, assess and decide a proposed 26 development application or to accept, assess and 27 decide a proposed request for compliance 28 assessment for prohibited development under a 29 superseded planning scheme; and 30 (c) the local government decides to refuse the request. 31 Page 468

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 705] 705 Compensation for interest in land being changed to 1 public purpose 2 An owner of an interest in land is entitled to be paid 3 reasonable compensation by a local government if because of 4 a change the only purpose for which the land could be used, 5 other than the purpose for which it was lawfully being used 6 when the change was made, is for a public purpose. 7 706 Limitations on compensation under ss 704 and 705 8 (1) Despite sections 704 and 705, compensation is not payable if 9 the change-- 10 (a) has the same effect as another statutory instrument, 11 other than a temporary local planning instrument, in 12 relation to which compensation is not payable; or 13 (b) is made to include a mandatory part of the standard 14 planning scheme provisions; or 15 (c) is made to include a part of the standard planning 16 scheme provisions (the standard part) and the effect of 17 the part is substantially similar to the part of the 18 planning scheme or planning scheme policy replaced by 19 the standard part; or 20 (d) is about the relationships between, the location of, or the 21 physical characteristics of buildings, works or lots, but 22 the yield achievable is substantially the same as it would 23 have been before the change; or 24 (e) is about a designation made under chapter 5; or 25 (f) is about the matters comprising a priority infrastructure 26 plan; or 27 (g) is about the matters comprising a planning scheme 28 policy to which section 847 applies; or 29 (h) removes or changes an item of infrastructure shown in 30 the scheme; or 31 Page 469

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 706] (i) affects development that, had it happened under the 1 superseded planning scheme-- 2 (i) would have led to significant risk to persons or 3 property from natural processes (including 4 flooding, land slippage or erosion) and the risk 5 could not have been significantly reduced by 6 conditions attached to a development approval; or 7 (ii) would have caused serious environmental harm 8 and the harm could not have been significantly 9 reduced by conditions attached to a development 10 approval; or 11 (j) is about any of the matters comprising a structure plan 12 for a declared master planned area. 13 (2) For subsection (1)(d), yield for residential building work is 14 substantially the same if-- 15 (a) the proposed residential building has a gross floor area 16 of not more than 2000m2; and 17 (b) the gross floor area of the proposed residential building 18 is reduced by not more than 15%. 19 (3) Also, compensation is not payable-- 20 (a) for a matter under this part if compensation has already 21 been paid for the matter to a previous owner of the 22 interest in land; or 23 (b) for anything done in contravention of this Act; or 24 (c) if infrastructure shown in a planning scheme is not 25 supplied, or supplied to a different standard, or supplied 26 at a different time than the time stated in the planning 27 scheme. 28 (4) If a matter for which compensation is payable under this part 29 is also a matter for which compensation is payable under 30 another Act, the claim for the compensation must be made 31 under the other Act. 32 (5) In this section-- 33 Page 470

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 707] gross floor area means the sum of the floor areas (inclusive of 1 all walls, columns and balconies, whether roofed or not) of all 2 stories of every building located on a site, excluding the areas 3 (if any) used for building services, a ground floor public 4 lobby, a public mall in a shopping centre, and areas associated 5 with the parking, loading and manoeuvring of motor vehicles. 6 mandatory part, of the standard planning scheme provisions, 7 means a part of the provisions that the provisions state-- 8 (a) must be included in a local planning instrument; and 9 (b) a local government does not have a discretion to include 10 an alternative part of the provisions in its planning 11 scheme or a planning scheme policy. 12 Example-- 13 The standard planning scheme provisions might state that all planning 14 schemes must include a particular car parking code set out in the 15 provisions. If, under the provisions, there is no alternative to including 16 this particular car parking code, the code is a mandatory part of the 17 standard planning scheme provisions. 18 yield means-- 19 (a) for buildings and works--the gross floor area, or density 20 of buildings or persons, or plot ratio, achievable for 21 premises; and 22 (b) for reconfiguring a lot--the number of lots in a given 23 area of land. 24 707 Compensation for erroneous planning and development 25 certificates 26 If a person suffers financial loss because of an error or 27 omission in a planning and development certificate, the 28 person is entitled to be paid reasonable compensation by the 29 local government. 30 Page 471

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 708] 708 Time limits for claiming compensation 1 A claim for compensation under this part must be given to the 2 local government-- 3 (a) if the entitlement to claim the compensation is under 4 section 704(1)--within 6 months after the day the 5 application mentioned in section 704(1)(d) is refused or 6 approved in part, or subject to conditions or approved 7 both in part and subject to conditions; or 8 (b) if the entitlement to claim the compensation is under 9 section 704(2)--within 6 months after the day the 10 request for compliance assessment mentioned in section 11 704(2)(d) is approved subject to conditions; or 12 (c) if the entitlement to claim the compensation is under 13 section 704(3)--within 6 months after the day the 14 request mentioned in section 704(3)(b) is refused; or 15 (d) if the entitlement to claim the compensation is under 16 section 705--within 2 years after the day the change 17 came into effect; or 18 (e) if the entitlement to claim the compensation is under 19 section 707--at any time after the day the certificate is 20 given. 21 709 Time limits for deciding and advising on claims 22 (1) The local government must decide each claim for 23 compensation within 60 business days after the day the claim 24 is made. 25 (2) The chief executive officer of the local government must, 26 within 10 business days after the day the claim is decided-- 27 (a) give the claimant written notice of the decision; and 28 (b) if the decision is to pay compensation--notify the 29 amount of the compensation to be paid; and 30 (c) advise the claimant that the decision, including any 31 amount of compensation payable, may be appealed. 32 Page 472

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 710] 710 Deciding claims for compensation 1 (1) In deciding a claim for compensation under this part, the local 2 government must-- 3 (a) grant all of the claim; or 4 (b) grant part of the claim and reject the rest of the claim; or 5 (c) refuse all of the claim. 6 (2) However, if the entitlement to claim the compensation is 7 under section 705, the local government may decide the claim 8 by-- 9 (a) giving a notice of intention to resume the interest in the 10 land under the Acquisition Act, section 7; or 11 (b) in addition to making a decision under subsection (1)(b) 12 or (c)--decide to amend the planning scheme so that use 13 of the land for the purposes the land could have been 14 used for under the superseded planning scheme would 15 be consistent with the new or amended planning scheme 16 or planning scheme policy. 17 711 Calculating reasonable compensation involving changes 18 (1) For compensation payable because of a change mentioned in 19 section 704 or 705, reasonable compensation is the difference 20 between the market values, appropriately adjusted having 21 regard to the following matters, to the extent they are 22 relevant-- 23 (a) any limitations or conditions that may reasonably have 24 applied to the development of the land if the land had 25 been developed under the superseded planning scheme; 26 (b) any benefit accruing to the land from the change, 27 including but not limited to the likelihood of improved 28 amenity in the locality of the land; 29 (c) if the owner has an interest in land adjacent to the land, 30 any benefit accruing to the adjacent land because of-- 31 Page 473

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 3 Compensation [s 711] (i) the coming into effect of the change or any other 1 change made before the claim for compensation 2 was made; or 3 (ii) the construction of, or improvement to, 4 infrastructure on the adjacent land under the 5 planning scheme or planning scheme policy, other 6 than infrastructure funded by the owner, before the 7 claim for compensation was made; 8 (d) the effect of any other changes to the planning scheme 9 or planning scheme policy made since the change, but 10 before the request under chapter 3, part 2, division 5 was 11 made; 12 (e) if the request under chapter 3, part 2, division 5 was 13 refused and a development application, made for the 14 development for which the request was made, is 15 approved in part or subject to conditions--the effect of 16 the approval on the value of the land; 17 (f) if the request under chapter 3, part 2, division 5 was 18 refused and a request for compliance assessment, made 19 for the development for which the request was made, is 20 approved subject to conditions--the effect of the 21 approval on the value of the land. 22 (2) Despite subsection (1), if the land for which compensation is 23 claimed has, since the day of the change, become or ceased to 24 be separate from other land, the amount of reasonable 25 compensation must not be increased because the land has 26 become, or ceased to be, separate from other land. 27 (3) In this section-- 28 difference between the market values is the difference 29 between the market value of the interest in land immediately 30 before the change came into effect, disregarding any 31 temporary local planning instrument, and the market value of 32 the interest immediately after the change came into effect. 33 Page 474

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 4 Power to purchase, take or enter land for planning purposes [s 712] 712 When compensation is payable 1 If compensation is payable under this part, the compensation 2 must be paid within 30 business days after the last day an 3 appeal could be made against the local government's decision 4 about the payment of compensation, or if an appeal is made, 5 within 30 business days after the day the appeal is decided or 6 withdrawn. 7 713 Payment of compensation to be recorded on title 8 (1) The chief executive officer of the local government must give 9 the registrar of titles written notice of the payment of 10 compensation under section 704. 11 (2) The notice must be in the form approved by the registrar. 12 (3) The registrar must keep the information stated in the notice as 13 information under the Land Title Act 1994, section 34. 14 Part 4 Power to purchase, take or 15 enter land for planning 16 purposes 17 714 Local government may take or purchase land 18 (1) This section applies if-- 19 (a) a local government is satisfied the taking of land would 20 help to achieve the strategic outcomes stated in its 21 planning scheme or to achieve any of the outcomes in a 22 structure plan made by the local government; or 23 (b) at any time after a development approval, master plan or 24 compliance permit has taken effect, the local 25 government is satisfied-- 26 Page 475

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 4 Power to purchase, take or enter land for planning purposes [s 715] (i) the development the subject of the development 1 approval, master plan or compliance permit would 2 create a need to construct infrastructure on land or 3 carry drainage over land; and 4 (ii) the applicant for the development approval or the 5 approval of the master plan or the person who 6 made the request for compliance assessment has 7 taken reasonable measures to obtain the agreement 8 of the owner of the land to actions that would 9 facilitate the construction of the infrastructure or 10 the carriage of the drainage, but has not been able 11 to obtain the agreement; and 12 (iii) the action is necessary to allow the development to 13 proceed. 14 (2) If the local government satisfies itself of a matter in 15 subsection (1) and the Governor in Council approves of the 16 taking of the land, the local government is taken to be a 17 constructing authority under the Acquisition Act and under 18 that Act may take the land. 19 (3) If the local government satisfies itself of the matters in 20 subsection (1)(b), it is immaterial that the applicant or person 21 who requested compliance assessment may also derive any 22 measurable benefit from the resumption action. 23 (4) To avoid any doubt, it is declared that the local government's 24 power under this section to purchase or take land as a 25 constructing authority under the Acquisition Act includes the 26 ability to purchase or take an easement under section 6 of that 27 Act. 28 715 Power of assessment manager or other entity to enter 29 land in particular circumstances 30 (1) An assessment manager or its agent, or a relevant entity for a 31 request for compliance assessment or its agent, may enter land 32 at all reasonable times to undertake works if the assessment 33 manager or entity is satisfied-- 34 Page 476

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 4 Power to purchase, take or enter land for planning purposes [s 716] (a) implementing a development approval or compliance 1 permit would require the undertaking of works on land 2 other than the land the subject of the approval or permit; 3 and 4 (b) the applicant or person who requested compliance 5 assessment has taken reasonable steps to obtain the 6 agreement of the owner of the land to enable the works 7 to proceed, but has not been able to obtain the 8 agreement; and 9 (c) the action is necessary to implement the development 10 approval or compliance permit. 11 (2) In this section-- 12 relevant entity, for a request for compliance assessment, 13 means-- 14 (a) if the compliance assessor for the request is a State 15 entity or a local government--the entity or local 16 government; or 17 (b) if the compliance assessor for the request is a nominated 18 entity of a local government--the local government. 19 716 Compensation for loss or damage 20 (1) Any person who incurs loss or damage because of the 21 exercise, by an assessment manager or other entity, of powers 22 under section 715 is entitled to be paid reasonable 23 compensation by the assessment manager or entity. 24 (2) A claim for the compensation must be made-- 25 (a) to the assessment manager or entity in the approved 26 form; and 27 (b) within 2 years after the entitlement to compensation 28 arose. 29 (3) The assessment manager or entity must decide the claim 30 within 40 business days after the claim is made. 31 Page 477

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 5 Public housing [s 717] (4) If the assessment manager or entity decides to pay 1 compensation, the payment must be made within 10 business 2 days after making the decision. 3 (5) The assessment manager or entity may recover from the 4 applicant or person who requested compliance assessment the 5 amount of any compensation for loss or damage paid under 6 this part that is not attributable to the assessment manager's or 7 entity's negligence. 8 Part 5 Public housing 9 717 Application of pt 5 10 This part applies to development for public housing. 11 718 Definition for pt 5 12 In this part-- 13 chief executive means the chief executive of the department 14 in which the Housing Act 2003 is administered. 15 719 How IDAS applies to development under pt 5 16 Development to which this part applies is exempt 17 development, to the extent the development is self-assessable 18 development, development requiring compliance assessment 19 or assessable development under a planning scheme or a 20 temporary local planning instrument. 21 720 How charges for infrastructure apply for development 22 under pt 5 23 If the State, or a statutory body representing the State, 24 proposes or starts development under this part, the State or 25 Page 478

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 5 Public housing [s 721] body is not required to pay any charge for infrastructure under 1 chapter 8, part 1 for the development. 2 721 Chief executive must publicly notify particular proposed 3 development 4 (1) This section applies to development for public housing the 5 chief executive considers is substantially inconsistent with the 6 planning scheme. 7 (2) Before starting the development, the chief executive must-- 8 (a) give the local government information, including the 9 plans or specifications, about the proposed 10 development; and 11 (b) publicly notify the proposed development. 12 (3) The public notification must be carried out in the same way 13 public notification of a development application is carried out 14 under sections 297 to 299. 15 (4) Even though the public notification is to be carried out in the 16 same way as public notification under sections 297 to 299, the 17 form of the notice to be used for the public notification under 18 this section is the form approved by the chief executive. 19 (5) The chief executive must have regard to any submissions 20 received following the public notification before deciding 21 whether or not to proceed with the proposed development. 22 722 Chief executive must advise local government about all 23 development 24 (1) This section applies to development to which section 721 does 25 not apply. 26 (2) Before the development starts, the chief executive must give 27 the local government information, including the plans or 28 specifications, about the proposed development. 29 Page 479

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 723] Part 6 Public access to planning and 1 development information 2 Division 1 Preliminary 3 723 Meaning of available for inspection and purchase 4 (1) A document mentioned in this Act as being available for 5 inspection and purchase is available for inspection and 6 purchase if the document or a certified copy of the document 7 is-- 8 (a) for a document held by a local government--held in the 9 local government's office and any other place decided 10 by the local government; and 11 (b) for a document held by an assessment manager--held in 12 the assessment manager's office and any other place 13 decided by the assessment manager; and 14 (c) for a document held by a referral agency--held in the 15 referral agency's office and any other place decided by 16 the referral agency; and 17 (d) for a document held by a compliance assessor--held in 18 the compliance assessor's office and any other place 19 decided by the compliance assessor; and 20 (e) for a document held by the chief executive--held in the 21 department's State office and any other place the chief 22 executive approves. 23 (2) If a document is available for inspection and purchase, a 24 person may-- 25 (a) inspect the document free of charge at any time the 26 office in which the document is held is open for 27 business; and 28 Page 480

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 724] (b) obtain a copy of the document, or part of the document, 1 from the entity required to keep the document available 2 for inspection. 3 Note-- 4 The Copyright Act 1968 (Cwlth) overrides this Act and may 5 limit the copying of material subject to copyright. 6 (3) An entity required to keep a document available for inspection 7 and purchase may charge a person for supplying a copy of the 8 document, or part of the document. 9 (4) The charge must not be more than the cost to the entity of-- 10 (a) making the copy available to the person; and 11 (b) if the person asks for the material to be posted--the 12 postage. 13 Division 2 Documents available for inspection 14 and purchase or inspection only 15 Subdivision 1 Requirements for local 16 governments 17 724 Documents local government must keep available for 18 inspection and purchase--general 19 (1) A local government must keep available for inspection and 20 purchase the original or the designated type of copy of each of 21 the following-- 22 (a) its current planning scheme, including a consolidated 23 planning scheme, and its priority infrastructure plan; 24 (b) each amendment of the planning scheme, including an 25 amendment to include a structure plan; 26 (c) if the guideline mentioned in section 117(1) or 145 27 requires public notification of an amendment proposed 28 to be made to the planning scheme, including an 29 Page 481

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 724] amendment to include a structure plan--each proposed 1 amendment; 2 (d) any current temporary local planning instrument for its 3 area; 4 (e) each current planning scheme policy for its area; 5 (f) each superseded local planning instrument for its area; 6 (g) each study, report or explanatory statement prepared in 7 relation to the preparation of each of the following for 8 its area-- 9 (i) a local planning instrument; 10 (ii) a priority infrastructure plan; 11 (iii) an infrastructure charges schedule; 12 (h) for each local government in the relevant area for a State 13 planning regulatory provision--the provision; 14 (i) for a local government in a designated region--the 15 region's regional plan; 16 (j) each current State planning policy applying to its area; 17 (k) the standard planning scheme provisions; 18 (l) any terms of reference for a regional planning 19 committee of which the local government is a member, 20 or on which the local government has elected not to be 21 represented; 22 (m) each report of a regional planning committee given to 23 the local government since the planning scheme 24 immediately preceding its current planning scheme was 25 made; 26 (n) any written direction of the Minister given to the local 27 government to-- 28 (i) make or amend a planning scheme; and 29 (ii) make or repeal a temporary local planning 30 instrument; and 31 Page 482

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 724] (iii) make, amend or repeal a planning scheme policy; 1 (o) each master planned area declaration for its planning 2 scheme area; 3 (p) each master plan for declared master planned areas in its 4 planning scheme area; 5 (q) each notice about the designation of land given to the 6 local government by a Minister; 7 (r) each document mentioned in the local government's 8 priority infrastructure plan and used by the local 9 government to prepare the plan; 10 (s) a register (the infrastructure charges register) of all 11 infrastructure charges levied by the local government; 12 (t) a register (the regulated infrastructure charges 13 register) of all regulated infrastructure charges levied by 14 the local government; 15 (u) each regulated infrastructure charges schedule adopted 16 by the local government; 17 (v) each infrastructure agreement to which the local 18 government is a party, or has been given to the local 19 government under chapter 8, part 2; 20 (w) each show cause notice and enforcement notice given by 21 the local government under this Act or the Building Act; 22 (x) each enforcement notice or show cause notice a copy of 23 which was given to the local government under this Act 24 or the Building Act by an assessing authority or private 25 certifier; 26 (y) each enforcement order made by the court on the 27 application of the local government; 28 (z) each notice the local government has received about an 29 MHF consultation zone under the Dangerous Goods 30 Safety Management Act 2001 that has not been 31 withdrawn; 32 Page 483

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 724] (za) planning scheme maps for the designation, under the 1 Building Act, of bush fire prone areas for the BCA; 2 (zb) its register of resolutions about land liable to flooding, 3 made under the Building Act; 4 (zc) its register of exemptions granted under the Building 5 Act, chapter 8; 6 (zd) each record that it must keep under the Building Act, 7 section 230; 8 (ze) all development information it has about building 9 development applications, other than information that 10 may be purchased from the registrar of titles; 11 (zf) its register mentioned in the Building Act, section 251. 12 Editor's note-- 13 Building Act, chapter 8 (Swimming pool fencing) and sections 230 14 (Local government's fire safety record-keeping obligations) and 251 15 (Register of notices given) 16 (2) The documents mentioned in subsection (1) may be contained 17 in hard copy or electronic form in 1 or more registers kept for 18 the purpose. 19 (3) The infrastructure charges register and the regulated 20 infrastructure charges register must, for each charge levied, 21 include each of the following-- 22 (a) the real property description of the land to which the 23 charge applies; 24 (b) the schedule under which the charge was levied; 25 (c) the amount of the charge levied; 26 (d) the amount of the charge unpaid; 27 (e) the number of units of demand charged for; 28 (f) if the charge was levied as a result of a development 29 approval or compliance permit--the approval or permit 30 reference number and the day the approval or permit 31 will lapse; 32 Page 484

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 724] (g) if infrastructure was to be provided instead of paying the 1 charge--details of any infrastructure still to be provided. 2 (4) Also, the infrastructure charges register must include-- 3 (a) the charge rate, stated in the infrastructure charges 4 schedule, for each charge levied; and 5 (b) if the charge rate has been adjusted for inflation-- 6 (i) details of how it was adjusted; and 7 (ii) the adjusted charge rate. 8 (5) Despite subsection (1), the obligation under that subsection 9 does not apply to the extent the local government is 10 reasonably satisfied a document mentioned in subsection 11 (1)(za) to (zf) contains-- 12 (a) sensitive security information; or 13 (b) information of a purely private nature about an 14 individual, including, for example, someone's 15 residential address. 16 (6) Also, the obligation under subsection (1)(ze) only applies if 17 the person seeking the information applies for it in the 18 approved form. 19 (7) An amendment mentioned in subsection (1)(c) must be kept 20 available for inspection and purchase from when it has been 21 publicly notified under a guideline mentioned in the 22 paragraph until it is made or the local government decides not 23 to make it. 24 (8) In this section-- 25 designated type of copy, for a document, means-- 26 (a) for a document mentioned in subsection (1)(a) to (z)--a 27 certified copy; or 28 (b) otherwise--an ordinary copy. 29 development information, for a building development 30 application, means information about any of the following-- 31 Page 485

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 725] (a) the physical characteristics and location of infrastructure 1 related to the application; 2 (b) local government easements, encumbrances or estates or 3 interests in land likely to be relevant to the application; 4 (c) site characteristic information likely to affect the 5 assessment of the application. 6 Examples of information mentioned in paragraph (c)-- 7 · design levels of proposed road or footway works 8 · design or location of stormwater connections 9 · design or location of vehicle crossings 10 · details of any State heritage place or local heritage place 11 under the Queensland Heritage Act 1992 12 · discharge of swimming pool backwash water 13 · flood level information 14 · limitations on driveway gradients 15 · limitations on the capacity of sewerage, stormwater and 16 water supply services 17 · location of any erosion control districts 18 · location of contaminated land 19 · location of land-slip areas 20 · location of mine subsidence areas 21 725 Documents local government must keep available for 22 inspection and purchase--master plan applications 23 (1) The local government must keep, for each master plan 24 application, the following documents available for inspection 25 and purchase-- 26 (a) the application, including any documents lodged by the 27 applicant in support of the application; 28 (b) any request for information, whether or not the request 29 complied with section 162; 30 Page 486

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 726] (c) any information given to it in response to a request 1 mentioned in paragraph (b); 2 (d) any properly made submission for the application; 3 (e) any third party advice or comment given under section 4 195; 5 (f) any coordinating agency decision under section 178. 6 (2) The documents mentioned in subsection (1) must be kept 7 available for inspection and purchase from when the local 8 government receives them until-- 9 (a) the application is withdrawn or lapses; or 10 (b) if paragraph (a) does not apply--the end of the last 11 period during which an appeal may be made against a 12 decision on the application. 13 (3) Subsection (1) does not apply to documents to the extent the 14 local government is reasonably satisfied the documents 15 contain sensitive security information. 16 (4) Also, the local government may remove the name, address 17 and signature of each person who made a submission before 18 making the submission available for inspection and purchase. 19 726 Documents local government must keep available for 20 inspection and purchase--compliance assessment 21 (1) The local government must keep a copy of the following 22 documents available for inspection and purchase-- 23 (a) each response given by the local government to a 24 compliance assessor under section 402(5); 25 (b) any compliance permit or compliance certificate given 26 to the local government under section 408(4). 27 (2) The documents mentioned in subsection (1)(a) must be kept 28 available for inspection and purchase until-- 29 (a) the request for compliance assessment to which the 30 response relates is withdrawn or lapses; or 31 Page 487

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 727] (b) if paragraph (a) does not apply--the end of the last 1 period during which an appeal may be made against a 2 decision on the request. 3 (3) Subsection (1) does not apply to documents to the extent the 4 local government is reasonably satisfied the documents 5 contain sensitive security information. 6 727 Documents local government must keep available for 7 inspection only 8 (1) A local government must keep the following documents 9 available for inspection only-- 10 (a) an official copy of this Act, the Building Act, and every 11 regulation made under the Acts and still in force; 12 (b) the BCA; 13 (c) a register of all master plan applications made to the 14 local government. 15 (2) However, subsection (1)(c) does not apply for a master plan 16 application until-- 17 (a) the application is withdrawn or lapses; or 18 (b) if paragraph (a) does not apply--the end of the last 19 period during which an appeal may be made against a 20 decision on the application. 21 (3) The register must include the following for each master plan 22 application-- 23 (a) a property description of the master planning unit; 24 (b) the type of master plan applied for; 25 (c) the names of any coordinating agency and participating 26 agencies; 27 (d) whether the application was withdrawn, lapsed or 28 decided; 29 (e) if the application was decided, the following-- 30 Page 488

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 728] (i) the day the decision was made; 1 (ii) whether the proposed master plan was approved, 2 approved with the inclusion of conditions or 3 refused; 4 (iii) if the proposed master plan was approved, whether 5 coordinating agency conditions were included in 6 the plan, and if so, the coordinating agency's name; 7 (iv) whether a negotiated notice was also given for the 8 application. 9 (4) The register may be in hard copy or electronic form. 10 Subdivision 2 Requirements for assessment 11 managers 12 728 Documents assessment manager must keep available for 13 inspection and purchase--development application 14 (1) The assessment manager must keep, for each development 15 application, the following documents available for inspection 16 and purchase-- 17 (a) the application, including any supporting material; 18 (b) any acknowledgement notice; 19 (c) any information request; 20 (d) any properly made submission; 21 (e) any referral agency's response. 22 (2) The documents mentioned in subsection (1) must be kept 23 available for inspection and purchase from when the 24 assessment manager receives the application until-- 25 (a) the application is withdrawn or lapses; or 26 (b) if paragraph (a) does not apply--the end of the last 27 period during which an appeal may be made against a 28 decision on the application. 29 Page 489

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 729] (3) Subsection (1) does not apply to supporting material to the 1 extent the assessment manager is reasonably satisfied the 2 material contains sensitive security information. 3 (4) Also, the assessment manager may remove the name, address 4 and signature of each person who made a submission before 5 making the submission available for inspection and purchase. 6 (5) In this section-- 7 supporting material means any material, including site plans, 8 elevations and supporting reports, about the aspect of the 9 application assessable against or having regard to the planning 10 scheme that-- 11 (a) was given to the assessment manager by the applicant; 12 and 13 (b) is in the assessment manager's possession when the 14 request to inspect and purchase is made. 15 729 Documents assessment manager must keep available for 16 inspection and purchase--general 17 (1) An assessment manager must keep available for inspection 18 and purchase the original or the designated type of copy of 19 each of the following-- 20 (a) each decision notice and negotiated decision notice 21 given by the assessment manager, including any plans 22 and specifications approved by the assessment manager 23 in relation to the notice; 24 (b) each decision notice and negotiated decision notice a 25 copy of which was given to the assessment manager by a 26 private certifier; 27 (c) each deemed approval notice given to the assessment 28 manager; 29 (d) each written notice given to the assessment manager by 30 the Minister calling in a development application; 31 Page 490

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 729] (e) each direction given by the Minister directing the 1 assessment manager to attach conditions to a 2 development approval; 3 (f) each agreement to which the assessment manager or a 4 concurrence agency is a party about a condition of a 5 development approval; 6 (g) each show cause notice and enforcement notice given by 7 the assessment manager as an assessing authority; 8 (h) each enforcement order made by the court on the 9 application of the assessment manager as an assessing 10 authority; 11 (i) for each building development application approved for 12 a building in its area-- 13 (i) if, under the Building Act, the application was 14 made to a private certifier (class A)--the 15 documents relating to the application given to the 16 local government, under section 86 of that Act; or 17 Editor's note-- 18 Building Act, section 86 (Requirements on approval of 19 application) 20 (ii) if the application was made to the local 21 government--the application and the approval 22 documents for the application as defined under the 23 Building Act; 24 (j) inspection certificates or other documents about the 25 inspection of building work that, under the Building 26 Act, the assessment manager must keep. 27 (2) The documents mentioned in subsection (1) may be contained 28 in hard copy or electronic form in 1 or more registers kept for 29 the purpose. 30 (3) If the assessment manager has a website, the assessment 31 manager must publish on the website-- 32 (a) all decision notices and negotiated decision notices 33 given by the assessment manager; and 34 Page 491

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 729] (b) all deemed approval notices given to the assessment 1 manager. 2 (4) Subsection (3) does not apply to a decision notice or a 3 negotiated decision notice given by a private certifier. 4 (5) Despite subsection (1), the obligation under the subsection 5 does not apply to the extent the assessment manager is 6 reasonably satisfied a document mentioned in subsection 7 (1)(i) or (j) contains-- 8 (a) sensitive security information; or 9 (b) information of a purely private nature about an 10 individual, including, for example, someone's 11 residential address. 12 (6) Also, the obligation under subsection (1)(i) applies only 13 until-- 14 (a) if the building the subject of the approval is, under the 15 BCA, a class 10 building, other than a swimming pool 16 fence, the earlier of the following to happen-- 17 (i) the building's demolition or removal; 18 (ii) the end of 10 years from when the approval was 19 given; or 20 (b) if the building the subject of the approval is of any other 21 class under the BCA or is a swimming pool fence--the 22 building's demolition or removal. 23 (7) In this section-- 24 designated type of copy, for a document, means-- 25 (a) for a document mentioned in subsection (1)(a) to (h)--a 26 certified copy; or 27 (b) otherwise--an ordinary copy. 28 Page 492

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 730] 730 Documents assessment manager must keep available for 1 inspection only 2 (1) An assessment manager must keep available for inspection 3 only-- 4 (a) an official copy of this Act and every regulation made 5 under this Act and still in force; and 6 (b) a register of all development applications-- 7 (i) made to the assessment manager; and 8 (ii) copies of which were given to the assessment 9 manager by a private certifier. 10 (2) Subsection (1)(b) does not apply for a development 11 application until the decision notice for the application has 12 been given, or was required to be given, or the application 13 lapses or is withdrawn. 14 Note-- 15 Under section 728 (Documents assessment manager must keep available 16 for inspection and purchase--development application) a copy of the 17 application and any supporting material may be obtained or inspected 18 from when the assessment manager receives the application. 19 (3) The register must include the following for each development 20 application-- 21 (a) a property description that identifies the premises or the 22 location of the premises to which the application 23 related; 24 (b) the type of development applied for; 25 (c) the names of any referral agencies; 26 (d) whether the application was withdrawn, lapsed or 27 decided; 28 (e) if the application was decided-- 29 (i) the day the decision was made; and 30 (ii) whether the application was approved, approved 31 subject to conditions or refused; and 32 Page 493

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 731] (iii) whether the application was taken to have been 1 approved under section 331; and 2 (iv) for an application approved subject to 3 conditions--whether any of the conditions 4 included the conditions of a concurrence agency, 5 and if so, the name of the concurrence agency; and 6 (v) whether a negotiated decision notice also was 7 given for the application; and 8 (vi) for an application that was approved--whether 9 there has subsequently been a permissible change 10 to the approval; 11 (f) if there was an appeal about the decision--whether the 12 decision was changed because of the outcome of the 13 appeal; 14 (g) other information about the application prescribed under 15 a regulation. 16 (4) The register may be in hard copy or electronic form. 17 (5) The chief executive may, by written notice given to an 18 assessment manager, ask the assessment manager to give the 19 chief executive a copy of any information included in the 20 register. 21 (6) The assessment manager must comply with a notice given 22 under subsection (5). 23 Subdivision 3 Requirements for referral agencies 24 731 Documents referral agency must keep available for 25 inspection only 26 (1) A referral agency must keep available for inspection only a 27 register of all development applications given to the referral 28 agency under section 272. 29 (2) Subsection (1) does not apply for a development application 30 until the decision notice for the application has been given, or 31 Page 494

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 732] was required to be given, or the application lapses or is 1 withdrawn. 2 (3) The register must include the following for each development 3 application-- 4 (a) a property description that identifies the premises or the 5 location of the premises to which the application 6 related; 7 (b) the type of development applied for; 8 (c) whether the referral agency was an advice agency or 9 concurrence agency; 10 (d) whether a referral agency's response was given by the 11 referral agency; 12 (e) other information about the application prescribed under 13 a regulation. 14 (4) The register may be in hard copy or electronic form. 15 (5) The chief executive may, by written notice given to a referral 16 agency, ask the referral agency to give the chief executive a 17 copy of any information included in the register. 18 (6) The referral agency must comply with a notice given under 19 subsection (5). 20 Subdivision 4 Requirements for chief executive 21 732 Documents chief executive must keep available for 22 inspection and purchase 23 (1) The chief executive must keep available for inspection and 24 purchase the original or the designated type of copy of each of 25 the following-- 26 (a) each State planning regulatory provision; 27 (b) the regional plan for each designated region; 28 (c) all current State planning policies; 29 Page 495

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 732] (d) all explanatory statements about current State planning 1 policies; 2 (e) the standard planning scheme provisions; 3 (f) any terms of reference for all regional planning 4 committees; 5 (g) all reports of regional planning committees; 6 (h) any written direction of the Minister given to a local 7 government to-- 8 (i) make or amend a planning scheme; or 9 (ii) make or repeal a temporary local planning 10 instrument; or 11 (iii) make, amend or repeal a planning scheme policy; 12 (i) master planned area declarations; 13 (j) any direction given by the Minister under chapter 6, part 14 11, division 1; 15 (k) each notice of a proceeding given to the chief executive 16 under section 456; 17 (l) each notice of appeal given to the chief executive under 18 section 482; 19 (m) each notice given by the Minister calling in a 20 development application; 21 (n) each report prepared by the Minister under section 22 422(1) or 432(1); 23 (o) each final terms of reference, EIS and EIS assessment 24 report prepared under chapter 9, part 2; 25 (p) if the State has entered into a bilateral agreement with 26 the Commonwealth under the Environment Protection 27 and Biodiversity Conservation Act 1999 (Cwlth)--any 28 material the agreement requires to be made publicly 29 available by the State; 30 Page 496

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 733] (q) each guideline made by the Minister or chief executive 1 under section 117, 145, 627, 630, 759 or 760; 2 (r) each notice given to the chief executive under section 3 208(1)(c); 4 (s) the standard conditions for deemed approvals; 5 (t) the Queensland Development Code. 6 (2) The documents mentioned in subsection (1) may be contained 7 in hard copy or electronic form. 8 (3) However, the chief executive must not charge anyone for 9 supplying a copy of all or part of the Queensland 10 Development Code. 11 (4) In this section-- 12 designated type of copy, for a document, means-- 13 (a) for the Queensland Development Code--an ordinary 14 copy; or 15 (b) otherwise--a certified copy. 16 733 Documents chief executive must keep available for 17 inspection only 18 (1) The chief executive must keep the following available for 19 inspection only-- 20 (a) an official copy of this Act and every regulation made 21 under this Act and still in force; 22 (b) all current planning schemes, including all consolidated 23 planning schemes; 24 (c) all amendments of the planning schemes; 25 (d) all current planning scheme policies; 26 (e) any current temporary local planning instrument. 27 (2) The documents mentioned in subsection (1) may be in hard 28 copy or electronic form. 29 Page 497

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 734] Subdivision 5 Requirements for compliance 1 assessors 2 734 Documents compliance assessor must keep available for 3 inspection and purchase 4 (1) A compliance assessor must keep available for inspection and 5 purchase the original or a certified copy of each of the 6 following-- 7 (a) each request for compliance assessment received by the 8 compliance assessor; 9 (b) each action notice given by the compliance assessor; 10 (c) each compliance permit or compliance certificate given 11 by the compliance assessor; 12 (d) if a local government gives the compliance assessor 13 notice of a response under section 402--the response; 14 (e) each show cause notice or enforcement notice given by 15 the compliance assessor as an assessing authority; 16 (f) each enforcement order made by the court on the 17 application of the compliance assessor as an assessing 18 authority. 19 (2) The documents mentioned in subsection (1) may be contained 20 in hard copy or electronic form in 1 or more registers kept for 21 the purpose. 22 (3) Despite subsection (1), the obligation under the subsection 23 does not apply to the extent the compliance assessor is 24 reasonably satisfied a document mentioned in the subsection 25 contains-- 26 (a) sensitive security information; or 27 (b) information of a purely private nature about an 28 individual, including, for example, someone's 29 residential address. 30 Page 498

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 735] (4) The documents mentioned in subsection (1)(a), (b) or (d) must 1 be kept available for inspection and purchase until-- 2 (a) the request for compliance assessment lapses; or 3 (b) if paragraph (a) does not apply--the end of the last 4 period during which an appeal may be made against a 5 decision on the request. 6 735 Documents compliance assessor must keep available for 7 inspection only 8 (1) A compliance assessor must keep available for inspection 9 only a register of all requests for compliance assessment 10 received by the compliance assessor. 11 (2) Subsection (1) does not apply for a request for compliance 12 assessment until the compliance permit or compliance 13 certificate has been given or the request lapses. 14 (3) The register must include the following for each request for 15 compliance assessment-- 16 (a) a property description that identifies the premises or the 17 location of the premises to which the request related; 18 (b) whether the request lapsed, was decided or was taken to 19 be approved under section 408; 20 (c) if the request was decided-- 21 (i) the day the compliance permit or compliance 22 certificate was given; and 23 (ii) whether the request was approved or approved 24 subject to conditions; and 25 (iii) for a request approved subject to 26 conditions--whether any of the conditions were 27 required to be imposed by a local government; and 28 (iv) whether there has subsequently been a change to 29 the compliance permit or compliance certificate; 30 Page 499

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 736] (d) if the request was taken to be approved under section 1 408-- 2 (i) the day the compliance permit or compliance 3 certificate was given; and 4 (ii) whether there has subsequently been a change to 5 the compliance permit or compliance certificate; 6 (e) if there was an appeal about the decision--whether the 7 decision was changed because of the outcome of the 8 appeal. 9 (4) The register may be in hard copy or electronic form. 10 Division 3 Local governments to publish 11 particular information about 12 development applications 13 736 Publishing particular information about development 14 application 15 (1) A local government must publish on its website the following 16 information about each development application made to the 17 local government as assessment manager-- 18 (a) the day the application was made; 19 (b) the applicant's name and address; 20 (c) a property description that identifies the premises or the 21 location of the premises to which the application relates; 22 (d) a description of the proposed development; 23 (e) whether the application requires code or impact 24 assessment, or both code and impact assessment; 25 (f) whether public notification of the application is 26 required. 27 Page 500

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 737] (2) The local government must keep the information on its 1 website from when the local government receives the 2 application until-- 3 (a) the application is withdrawn or lapses; or 4 (b) if paragraph (a) does not apply--the end of the last 5 period during which an appeal may be made against a 6 decision on the application. 7 (3) Subsection (1) does not apply to information mentioned in the 8 subsection to the extent the local government is reasonably 9 satisfied the information contains sensitive security 10 information. 11 Division 4 Planning and development 12 certificates 13 737 Application for planning and development certificate 14 (1) A person may apply to a local government for a limited, 15 standard or full planning and development certificate for a 16 premises. 17 (2) The application must be accompanied by the fee fixed by 18 resolution of the local government for the certificate. 19 738 Limited planning and development certificates 20 A limited planning and development certificate must contain 21 the following information for premises-- 22 (a) a summary of the provisions of any planning scheme, 23 including any infrastructure charges schedule or 24 regulated infrastructure charges schedule, applying 25 specifically to the premises; 26 (b) if any of the State planning regulatory provisions apply 27 to the premises--a description of the provisions that 28 apply; 29 Page 501

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 739] (c) a description of any designations applying to the 1 premises. 2 739 Standard planning and development certificates 3 A standard planning and development certificate, in addition 4 to the information contained in a limited planning and 5 development certificate, must contain or be accompanied by 6 the following information for premises-- 7 (a) a copy of every decision notice or negotiated decision 8 notice for a development approval given under this Act 9 or repealed IPA that has not lapsed; 10 (b) a copy of every deemed approval notice relating to the 11 premises, if the development approval to which the 12 notice relates has not lapsed; 13 (c) a copy of every continuing approval mentioned in 14 repealed IPA, section 6.1.23(1)(a) to (d); 15 (d) details of any decision to approve or refuse an 16 application to amend a planning scheme made under the 17 repealed LGP&E Act, section 4.3, including any 18 conditions of approval; 19 (e) a copy of every compliance permit or compliance 20 certificate in effect at the time the standard planning and 21 development certificate is given; 22 (f) a copy of each master plan applying to the premises; 23 (g) a copy of every notice of decision or negotiated notice 24 about a master plan application for a master plan, given 25 under this Act or repealed IPA, in force for the planning 26 scheme area for the premises; 27 (h) a copy of any information recorded for the premises in 28 the infrastructure charges register or regulated 29 infrastructure charges register; 30 (i) details of any permissible changes to a development 31 approval given under this Act or minor changes made to 32 a development approval given under repealed IPA; 33 Page 502

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 740] (j) details of any changes to a compliance permit or 1 compliance certificate; 2 (k) a copy of any judgment or order of the court or a 3 building and development committee about the 4 development approval, a condition included in the 5 master plan or a condition included in the compliance 6 permit or compliance certificate; 7 (l) a copy of any agreement to which the local government 8 or a concurrence agency is a party about a condition of 9 the development approval; 10 (m) a copy of any infrastructure agreement applying to the 11 premises to which the local government is a party or that 12 it has received a copy of under section 662; 13 (n) a description of each amendment, proposed to be made 14 by the local government to its planning scheme, that has 15 not yet been made at the time the certificate is given, 16 including an amendment to include a structure plan. 17 740 Full planning and development certificates 18 (1) A full planning and development certificate, in addition to the 19 information contained in a limited and standard planning and 20 development certificate, must contain or be accompanied by 21 the following information for premises-- 22 (a) if there is currently in force for the premises a 23 development approval or a compliance permit 24 containing conditions (including conditions about the 25 carrying out of works or the payment of money, other 26 than under an infrastructure agreement)--a statement 27 about the fulfilment or non-fulfilment of each condition, 28 at a stated day after the day the certificate was applied 29 for; 30 (b) if there is a master plan that applies to the premises that 31 includes conditions, including conditions of a type 32 mentioned in paragraph (a)--a statement about the 33 Page 503

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 6 Public access to planning and development information [s 741] fulfilment or non-fulfilment of each condition, at a 1 stated day after the day the certificate was applied for; 2 (c) if there is an infrastructure agreement to which the local 3 government is a party-- 4 (i) if there are obligations under the agreement that 5 have not been fulfilled--details of the nature and 6 extent of the obligations not fulfilled; and 7 (ii) details of the giving of any security and whether 8 any payment required to be made under the 9 security has been made; 10 (d) advice of-- 11 (i) any prosecution for a development offence under 12 this Act or repealed IPA in relation to the premises 13 of which the local government is aware; or 14 (ii) proceedings for a prosecution for a development 15 offence under this Act or repealed IPA in relation 16 to the premises of which the local government is 17 aware. 18 (2) However, the applicant may request that a full certificate be 19 given without the information normally contained in a limited 20 and standard certificate. 21 (3) If a condition under subsection (1)(a) relates to the ongoing 22 operating requirements of the use of premises, the statement 23 need not make reference to the fulfilment or non-fulfilment of 24 the conditions other than under subsection (1)(c). 25 741 Time within which planning and development certificate 26 must be given 27 A local government must give a planning and development 28 certificate to an applicant within-- 29 (a) if the certificate is a limited certificate--5 business days 30 after the day the certificate was applied for; or 31 Page 504

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 742] (b) if the certificate is a standard certificate--10 business 1 days after the day the certificate was applied for; or 2 (c) if the certificate is a full certificate--30 business days 3 after the day the certificate was applied for. 4 742 Effect of planning and development certificate 5 In a proceeding, a planning and development certificate is 6 evidence of the information contained in the certificate. 7 Part 7 Notification stage for particular 8 aquaculture development 9 Division 1 Preliminary 10 743 Purpose of notification stage under pt 7 11 The notification stage under this part gives a person-- 12 (a) the opportunity to make submissions, including 13 objections, that must be taken into account-- 14 (i) by the assessment manager before deciding a 15 development application for which this part 16 applies; or 17 (ii) by a concurrence agency before giving a referral 18 agency's response, to the extent the response 19 relates to development mentioned in section 20 744(1); and 21 (b) the opportunity to secure the right to appeal to the court 22 about-- 23 (i) the assessment manager's decision; or 24 Page 505

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 744] (ii) a referral agency's response by the concurrence 1 agency. 2 Note-- 3 See, in particular, section 463 (Additional and extended appeal 4 rights for submitters for particular development applications). 5 744 When notification stage under pt 7 applies 6 (1) This part applies for a development application-- 7 (a) for which-- 8 (i) the chief executive (fisheries) is the assessment 9 manager or a concurrence agency; and 10 (ii) the chief executive (environment) is a concurrence 11 agency; and 12 (b) for development that-- 13 (i) is a material change of use of premises-- 14 (A) for a hatchery for the production of larvae; or 15 (B) for aquaculture carried out in ponds with a 16 surface area of more than 5ha; and 17 (ii) is carried out completely or partly on land within 18 the area with the following boundaries-- 19 · the line every point of which is 5km inland 20 from the line of the highest astronomical tide 21 · the parallel of latitude 24º30'00" south 22 · the western boundary of the Great Barrier 23 Reef Marine Park 24 · the parallel of latitude 10º41'20" south; and 25 (iii) will cause the discharge of waste into waters. 26 (2) However, this part does not apply if-- 27 (a) chapter 9, part 2 applies to the development; or 28 Page 506

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 745] (b) there is a preliminary approval for the development and 1 the preliminary approval was subject to this part. 2 (3) In this section-- 3 Great Barrier Reef Marine Park means the Great Barrier 4 Reef Marine Park established under the Great Barrier Reef 5 Marine Park Act 1975 (Cwlth). 6 highest astronomical tide means the highest level of the tides 7 that can be predicted to occur under average meteorological 8 conditions and under any combination of astronomical 9 conditions. 10 745 When can notification stage start 11 (1) If no information requests have been made during the last 12 information request period, the applicant may start the 13 notification period as soon as the last information request 14 period ends. 15 (2) If an information request has been made during the 16 information request period, the applicant may start the 17 notification period as soon as the applicant gives-- 18 (a) all information request responses to all information 19 requests made; and 20 (b) copies of the responses to the assessment manager and 21 each prescribed concurrence agency for the application. 22 Division 2 Public notification 23 746 Public notice of proposed development 24 (1) The applicant or, if the applicant has agreed in writing, the 25 assessment manager for the development application must-- 26 (a) publish a notice at least once in a newspaper circulating 27 generally in the locality of the land; and 28 Page 507

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 747] (b) place a notice on the land in the way prescribed under a 1 regulation; and 2 (c) give a notice to the owners of all land adjoining the land. 3 (2) If the assessment manager carried out notification on behalf of 4 the applicant, the assessment manager may require the 5 applicant to pay a fee of not more than the assessment 6 manager's reasonable costs for carrying out the notification. 7 (3) For subsection (1)(c), roads, land below high-water mark and 8 the beds and banks of rivers are taken not to be adjoining land. 9 (4) In this section-- 10 owner, for land adjoining the land, see section 297(4). 11 747 Notification period for development applications 12 The notification period for the application-- 13 (a) must be no less than 30 business days starting on the day 14 after the last action under section 746(1) is carried out; 15 and 16 (b) must not include any business day from 20 December in 17 a particular year to 5 January in the following year, both 18 days inclusive. 19 748 Requirements for particular notices 20 (1) The notices mentioned in section 746(1) must be in the 21 approved form. 22 (2) The notice placed on the land must remain on the land for all 23 of the notification period. 24 (3) All actions mentioned in section 746(1) must be completed 25 within 5 business days after the first of the actions is carried 26 out. 27 (4) A regulation may prescribe different notification requirements 28 for an application for development on land located-- 29 Page 508

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 749] (a) outside any local government area; or 1 (b) within a local government area but in a location where 2 compliance with section 746(1) would be unduly 3 onerous or would not give effective public notice. 4 749 Notice of compliance to be given to assessment manager 5 and concurrence agency 6 (1) If the applicant carries out notification, the applicant must, 7 after the notification period has ended-- 8 (a) give the assessment manager and each prescribed 9 concurrence agency for the application written notice 10 that the applicant has complied with the requirements of 11 this division; and 12 (b) give the assessment manager written notice that the 13 applicant has given the prescribed concurrence agency 14 the notice mentioned in paragraph (a). 15 (2) If the assessment manager carries out notification, the 16 assessment manager must, after the notification period has 17 ended, give each prescribed concurrence agency for the 18 application written notice that the assessment manager has 19 complied with the requirements of this division. 20 750 Assessment manager may assess and decide application 21 if some requirements not complied with 22 Despite section 749, the assessment manager may assess and 23 decide the application even if some of the requirements of this 24 division have not been complied with, if-- 25 (a) the assessment manager is satisfied any noncompliance 26 has not-- 27 (i) adversely affected the awareness of the public of 28 the existence and nature of the application; or 29 (ii) restricted the opportunity of the public to make 30 properly made submissions; and 31 Page 509

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 751] (b) each prescribed concurrence agency for the application 1 has given written consent to the assessment and decision 2 being made in this way. 3 751 Making submissions 4 (1) During the notification period, any person other than the 5 applicant or a concurrence agency may make a submission to 6 the assessment manager about the application. 7 (2) The assessment manager must accept a submission if the 8 submission is a properly made submission. 9 (3) A person who has made a properly made submission may, by 10 written notice-- 11 (a) during the notification period, amend the submission; or 12 (b) at any time before a decision about the application is 13 made, withdraw the submission. 14 (4) The assessment manager must within 5 business days after the 15 end of the notification period-- 16 (a) give a copy of any properly made submission to each 17 prescribed concurrence agency; and 18 (b) if the person who made the submission amends or 19 withdraws the submission under subsection (3)--notify 20 the prescribed concurrence agency that the submission 21 has been amended or withdrawn. 22 752 Submissions made during notification period effective 23 for later notification period 24 (1) This section applies if-- 25 (a) a person makes a properly made submission under 26 section 751(1); and 27 (b) the notification stage for the application is repeated for 28 any reason. 29 Page 510

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 7 Notification stage for particular aquaculture development [s 753] (2) The submission is taken to be a properly made submission for 1 the later notification period and the submitter may, by written 2 notice-- 3 (a) during the later notification period, amend the 4 submission; or 5 (b) at any time before a decision about the application is 6 made, withdraw the submission. 7 Division 3 End of notification stage 8 753 When does notification stage end 9 The notification stage ends-- 10 (a) if notification is carried out by the applicant--when the 11 assessment manager receives written notice under 12 section 749(1); or 13 (b) if notification is carried out by the assessment manager 14 on behalf of the applicant--when each prescribed 15 concurrence agency receives written notice under 16 section 749(2). 17 Division 4 Changed referral agency provisions 18 for applications to which this part 19 applies 20 754 Referral agency must not respond before notification 21 stage ends 22 (1) This section applies if the chief executive (environment) or 23 chief executive (fisheries) is a concurrence agency for the 24 development application. 25 (2) Despite section 271, the concurrence agency must not give a 26 referral agency's response for a matter relating to the 27 Page 511

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 8 General [s 755] development to which the application relates before the 1 notification stage for the application ends. 2 755 Adjusted referral agency's assessment period 3 (1) This section applies if the chief executive (environment) or 4 chief executive (fisheries) is a concurrence agency for the 5 development application. 6 (2) Despite section 283(1), the referral agency's assessment 7 period for the concurrence agency is a period of 30 days 8 starting on the day after the concurrence agency has received 9 both of the following-- 10 (a) a notice of compliance under section 749; 11 (b) a copy of all the properly made submissions. 12 Part 8 General 13 756 Giving electronic submissions 14 (1) This section applies if, under this Act-- 15 (a) a notice relating to a development application, a master 16 plan application, a State planning instrument or a local 17 planning instrument is given to a person or published in 18 the gazette or a newspaper; and 19 (b) the notice provides that a person or any other entity may 20 make a submission about the matter the subject of the 21 notice. 22 (2) The submission may be made electronically if the notice 23 states it may be made electronically. 24 Page 512

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 8 General [s 757] 757 Application of Judicial Review Act 1991 1 (1) Subject to subsection (2), the Judicial Review Act 1991 does 2 not apply to the following matters under this Act-- 3 (a) conduct engaged in for the purpose of making a 4 decision; 5 (b) other conduct that relates to the making of a decision; 6 (c) the making of a decision or the failure to make a 7 decision; 8 (d) a decision. 9 (2) A person who, but for subsection (1), could have made an 10 application under that Act in relation to a matter mentioned in 11 subsection (1), may apply under part 4 of that Act for a 12 statement of reasons in relation to the matter. 13 (3) In particular, for subsection (1), the Supreme Court does not 14 have jurisdiction to hear and determine applications made to it 15 under the Judicial Review Act 1991, part 3 or 5 in relation to 16 matters mentioned in subsection (1). 17 758 References to Planning and Environment Court and 18 judge of the court in other Act 19 (1) This section applies if another Act refers to the Planning and 20 Environment Court or a judge of that court. 21 (2) If the context permits, the reference may be taken to refer to 22 the court or a judge of the court. 23 759 Minister may make guidelines 24 (1) The Minister may make guidelines about-- 25 (a) the matters to be considered by an assessment manager 26 in deciding whether there are sufficient grounds to 27 justify a decision that may conflict with a relevant 28 instrument under section 326 or 329; or 29 Page 513

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 8 General [s 760] (b) the form of a preliminary approval to which section 242 1 applies; or 2 (c) the matters to be considered in deciding whether or not a 3 change to a development application or a development 4 approval would result in a substantially different 5 development; or 6 (d) another matter the Minister considers appropriate for the 7 administration of this Act. 8 (2) Before making a guideline, the Minister must consult with the 9 persons or entities the Minister considers appropriate. 10 (3) If a guideline is made, the Minister must notify the making of 11 the guideline in the gazette. 12 (4) This section does not limit sections 117, 145, 627 and 630. 13 760 Chief executive may make guidelines 14 (1) The chief executive may make guidelines about-- 15 (a) matters to be considered in deciding if an action is a 16 material change of use; or 17 (b) environmental assessment and public consultation 18 procedures for designating land for community 19 infrastructure under chapter 5; or 20 (c) the form in which documents may be given under this 21 Act; or 22 (d) another matter the chief executive considers appropriate 23 for the administration of this Act. 24 (2) Before making a guideline, the chief executive must consult 25 with the persons or entities the chief executive considers 26 appropriate. 27 (3) If a guideline is made, the chief executive must notify the 28 making of the guideline in the gazette. 29 Page 514

 


 

Sustainable Planning Bill 2009 Chapter 9 Miscellaneous Part 8 General [s 761] 761 Delegation by Ministers 1 (1) The Minister may delegate the Minister's functions under this 2 Act to an appropriately qualified public service officer. 3 (2) The regional planning Minister may delegate that Minister's 4 functions under this Act to an appropriately qualified public 5 service officer. 6 (3) An eligible Minister may, if acting under chapter 2, delegate 7 the eligible Minister's functions under that chapter to an 8 appropriately qualified public service officer. 9 (4) The Minister administering the State Development and Public 10 Works Organisation Act 1971, if acting under chapter 6, part 11 11, division 2, may delegate that Minister's functions under 12 the division to an appropriately qualified public service 13 officer. 14 (5) In this section-- 15 functions includes powers. 16 762 Approved forms 17 The chief executive may approve forms for use under this Act. 18 763 Regulation-making power 19 (1) The Governor in Council may make regulations under this 20 Act. 21 (2) Without limiting subsection (1), a regulation may-- 22 (a) prescribe fees payable under this Act; and 23 (b) impose a penalty for contravention of a provision of a 24 regulation of no more than 20 penalty units; and 25 (c) prescribe a minor change of use that is not a material 26 change of use. 27 Page 515

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 1 Repeal provision [s 764] Chapter 10 Repeal and transitional 1 provisions 2 Part 1 Repeal provision 3 764 Act repealed 4 The Integrated Planning Act 1997, No. 69 is repealed. 5 Part 2 Transitional provisions 6 Division 1 Preliminary 7 765 Definitions for pt 2 8 In this part-- 9 commencement means the day on which the provision in 10 which the term is used commences. 11 existing, in relation to a regional planning advisory committee 12 or regional coordination committee under repealed IPA, 13 means in existence under that Act immediately before the 14 commencement. 15 existing application see section 802(1). 16 existing planning scheme see section 778(1). 17 existing planning scheme policy see section 785. 18 existing structure plan see section 790(1). 19 existing temporary local planning instrument see section 20 782. 21 Page 516

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 766] Division 2 Provisions for State planning 1 instruments 2 766 Continuing effect of State planning regulatory provisions 3 A State planning regulatory provision in force under repealed 4 IPA immediately before the commencement continues to have 5 effect and is taken to be a State planning regulatory provision 6 under this Act. 7 767 Making or amending State planning regulatory provisions 8 under repealed IPA 9 (1) If immediately before the commencement the Minister has 10 started the process under repealed IPA, chapter 2, part 5C, 11 division 2, to make or amend a State planning regulatory 12 provision, the Minister may continue to make or amend the 13 provision under repealed IPA as if this Act had not 14 commenced. 15 (2) To remove any doubt, it is declared that repealed IPA, sections 16 2.5C.7, 2.5C.8 and 2.5C.12 continue to apply in relation to the 17 making or amendment of a State planning regulatory 18 provision mentioned in subsection (1). 19 (3) A State planning regulatory provision or amendment 20 mentioned in subsection (1) and made under repealed IPA is 21 taken to be a State planning regulatory provision or 22 amendment made under this Act. 23 768 Continuing effect of regional plans 24 A regional plan in force under repealed IPA immediately 25 before the commencement continues to have effect and is 26 taken to be a regional plan under this Act. 27 Page 517

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 769] 769 Making or amending regional plans under repealed IPA 1 (1) If immediately before the commencement the regional 2 planning Minister for a designated region has started the 3 process under repealed IPA, chapter 2, part 5A, divisions 4 4 and 5, to make or amend a regional plan, the regional planning 5 Minister may continue to make or amend the plan under 6 repealed IPA as if this Act had not commenced. 7 (2) A regional plan or amendment mentioned in subsection (1) 8 and made under repealed IPA is taken to be a regional plan or 9 amendment made under this Act. 10 770 Continuing effect of particular directions and notices 11 (1) A direction given to a local government under repealed IPA, 12 section 2.5A.20(1) before the commencement continues to 13 have effect and is taken to be a direction under section 29(1). 14 (2) A notice given to a local government under repealed IPA, 15 section 2.5A.20(8) before the commencement continues to 16 have effect and is taken to be a written extension under section 17 29(6). 18 771 Continuation of regional planning advisory committees 19 (1) An existing regional planning advisory committee continues 20 as a regional planning committee established under this Act. 21 (2) The existing regional planning advisory committee-- 22 (a) continues with the same name, membership and terms 23 of reference it had immediately before the 24 commencement; and 25 (b) is taken to be established for the same area covered by 26 the region for which it was established under repealed 27 IPA. 28 Page 518

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 772] 772 Continuation of regional coordination committees 1 An existing regional coordination committee for a designated 2 region continues as the regional planning committee 3 established under section 31 for the region. 4 773 Continuing effect of particular State planning policies 5 (1) This section applies to a State planning policy in force under 6 repealed IPA immediately before the commencement, other 7 than a State planning policy having effect for less than 1 year. 8 (2) The State planning policy continues to have effect and is taken 9 to be a State planning policy made under this Act. 10 (3) The State planning policy is taken to have effect on the day it 11 had effect under repealed IPA. 12 (4) If the State planning policy had effect at least 10 years before 13 the commencement, section 45 applies to the policy as if the 14 reference in section 45(1)(b) to the day that is 10 years after 15 the day the policy had effect were a reference to the day that is 16 3 years after the commencement. 17 774 Continuing effect of State planning policy having effect 18 for less than 1 year 19 (1) This section applies to a State planning policy-- 20 (a) made under repealed IPA; and 21 (b) having effect under that Act for less than 1 year; and 22 (c) in force immediately before the commencement. 23 (2) The State planning policy continues to have effect and is taken 24 to be a temporary State planning policy made under this Act. 25 (3) For section 49, the temporary State planning policy is taken to 26 have been made on the day it had effect under repealed IPA. 27 Page 519

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 775] 775 Making or amending State planning policies under 1 repealed IPA 2 (1) If immediately before the commencement the Minister has 3 started the process under repealed IPA, chapter 2, part 4 to 4 make or amend a State planning policy, the Minister may 5 continue to make or amend the policy under repealed IPA as if 6 this Act had not commenced. 7 (2) Without limiting subsection (1), repealed IPA, section 2.4.4 8 continues to apply to the making or amendment of the State 9 planning policy. 10 (3) A State planning policy or amendment mentioned in 11 subsection (1) and made under repealed IPA is taken to be a 12 State planning policy or amendment made under this Act. 13 (4) However, if the State planning policy mentioned in subsection 14 (1) and made under repealed IPA has effect for less than 1 15 year, it is taken to be a temporary State planning policy made 16 under this Act. 17 776 Notification requirements do not apply for making 18 particular State planning instruments 19 (1) Sections 60 and 63(1) do not apply to the making of a State 20 planning instrument made within the relevant period if the 21 Minister is satisfied-- 22 (a) the State planning instrument substantially reflects, and 23 does not change the effect of, an existing code, law or 24 policy; and 25 (b) for an existing code, law or policy, other than an Act or 26 regulation or a code or policy included in an Act or 27 regulation--adequate public consultation was carried 28 out in relation to the making of the code, law or policy. 29 (2) In this section-- 30 existing code, law or policy means a code, law or policy in 31 force immediately before the commencement that, under 32 Page 520

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 777] repealed IPA, could have been considered in assessing a 1 development application. 2 relevant period means-- 3 (a) 2 years after the commencement; or 4 (b) if the Minister, by gazette notice and within the period 5 mentioned in paragraph (a), nominates a later day that is 6 not more than 4 years after the commencement--the 7 later day. 8 Division 3 Provisions for local planning 9 instruments 10 777 Relationship between standard planning scheme 11 provisions and particular instruments 12 (1) This section applies to-- 13 (a) a local planning instrument under repealed IPA that is in 14 force immediately before the commencement; and 15 (b) a local planning instrument mentioned in section 779, 16 783 or 786 and made under repealed IPA. 17 (2) Sections 53 and 55 do not apply to the local planning 18 instrument. 19 (3) Despite sections 88(1)(a) and 141(1)(c), if the local planning 20 instrument is a planning scheme, the planning scheme or an 21 amendment of the planning scheme, including an amendment 22 to include a structure plan, need not reflect the standard 23 planning scheme provisions. 24 (4) A planning scheme mentioned in subsection (3) may be 25 amended to state that development is prohibited development 26 only if the standard planning scheme provisions state the 27 development may be prohibited development. 28 (5) Despite section 155(1)(b), a master plan made under a 29 structure plan included in a planning scheme mentioned in 30 Page 521

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 778] subsection (3) need not reflect the standard planning scheme 1 provisions. 2 (6) A structure plan included in a planning scheme mentioned in 3 subsection (3) may state that development is prohibited 4 development only if the standard planning scheme provisions 5 state the development may be prohibited development. 6 (7) Despite section 105(d), a temporary local planning instrument 7 made for all or part of an area to which a planning scheme 8 mentioned in subsection (3) applies need not reflect the 9 standard planning scheme provisions. 10 (8) A temporary local planning instrument mentioned in 11 subsection (7) may state that development is prohibited 12 development only if the standard planning scheme provisions 13 state the development may be prohibited development. 14 778 Continuing effect of planning schemes 15 (1) A local government's planning scheme made under repealed 16 IPA that is in force immediately before the commencement 17 (an existing planning scheme) continues to have effect and is 18 taken to be the planning scheme for the local government's 19 planning scheme area made under this Act. 20 (2) However, if on the commencement a local government has 21 more than 1 existing planning scheme, each existing planning 22 scheme has effect for the part of the planning scheme area for 23 which the scheme had effect immediately before the 24 commencement. 25 (3) For this Act, the planning scheme is taken to have effect on 26 the day it had effect under repealed IPA. 27 (4) Subsection (5) applies if an existing planning scheme 28 mentioned in subsection (1) states desired environmental 29 outcomes for the local government's planning scheme area. 30 (5) For this Act, the stated desired environmental outcomes are 31 taken to be strategic outcomes for the planning scheme area. 32 Page 522

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 779] 779 Making or amending planning schemes under repealed 1 IPA 2 (1) If immediately before the commencement a local government 3 or the Minister has started the process under repealed IPA, 4 chapter 2, part 1, division 3, to make or amend a planning 5 scheme, the local government or Minister may continue to 6 make or amend the planning scheme under repealed IPA as if 7 this Act had not commenced. 8 (2) Without limiting subsection (1), repealed IPA, section 2.1.6 9 continues to apply to the making or amendment of the 10 planning scheme. 11 (3) A planning scheme or amendment mentioned in subsection 12 (1) and made under repealed IPA is taken to be a planning 13 scheme or amendment made under this Act. 14 (4) Subsection (5) applies if a planning scheme mentioned in 15 subsection (1) states desired environmental outcomes for the 16 local government's planning scheme area. 17 (5) For this Act, the stated desired environmental outcomes are 18 taken to be strategic outcomes for the planning scheme area. 19 780 Continuing superseded planning schemes 20 A planning scheme that was a superseded planning scheme 21 for a planning scheme area under repealed IPA immediately 22 before the commencement is a superseded planning scheme 23 under this Act for the planning scheme area. 24 781 Reviewing planning schemes and priority infrastructure 25 plans 26 (1) This section applies if, immediately before the 27 commencement, a local government is reviewing its planning 28 scheme or priority infrastructure plan under repealed IPA, 29 section 2.2.1 or 2.2.5. 30 (2) The local government must continue to carry out the review 31 under repealed IPA as if this Act had not commenced. 32 Page 523

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 782] (3) However, this Act applies to the making of any new planning 1 scheme or amendment of the planning scheme or priority 2 infrastructure plan because of the review. 3 782 Continuing effect of temporary local planning 4 instruments 5 (1) A temporary local planning instrument made under repealed 6 IPA that is in force immediately before the commencement 7 (an existing temporary local planning instrument) continues 8 to have effect and is taken to be a temporary local planning 9 instrument made under this Act. 10 (2) The temporary local planning instrument-- 11 (a) is taken to have effect on the day it had effect under 12 repealed IPA; and 13 (b) continues to have effect for the period it would have had 14 effect under repealed IPA, unless it is sooner repealed 15 under this Act. 16 783 Making temporary local planning instruments under 17 repealed IPA 18 (1) If immediately before the commencement a local government 19 or the Minister has started the process under repealed IPA to 20 make a temporary local planning instrument, the local 21 government or Minister may continue to make the temporary 22 local planning instrument under repealed IPA as if this Act 23 had not commenced. 24 (2) Without limiting subsection (1)-- 25 (a) repealed IPA, section 2.1.13 continues to apply to the 26 making of the temporary local planning instrument; and 27 (b) section 105(d) does not apply to the temporary local 28 planning instrument. 29 Page 524

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 784] (3) A temporary local planning instrument mentioned in 1 subsection (1) and made under repealed IPA is taken to be a 2 temporary local planning instrument made under this Act. 3 784 Repealing particular temporary local planning 4 instruments 5 (1) If immediately before the commencement a local government 6 has started the process under repealed IPA to repeal an 7 existing temporary local planning instrument, the local 8 government may continue to repeal the instrument under 9 repealed IPA as if this Act had not commenced. 10 (2) The repeal of a temporary local planning instrument under 11 subsection (1) has effect as if it were repealed under this Act. 12 (3) Subsection (4) applies to an existing temporary local planning 13 instrument and a temporary local planning instrument 14 mentioned in section 783. 15 (4) The temporary local planning instrument can not be repealed 16 under this Act without the Minister's written approval if the 17 temporary local planning instrument was made by-- 18 (a) the local government under a direction of the Minister 19 under repealed IPA, section 2.3.2; or 20 (b) the Minister under repealed IPA, section 2.3.3. 21 785 Continuing effect of planning scheme policies 22 (1) A planning scheme policy made under repealed IPA that is in 23 force immediately before the commencement (an existing 24 planning scheme policy) continues to have effect and is taken 25 to be a planning scheme policy made under this Act. 26 (2) A planning scheme policy made under repealed IPA, section 27 6.1.20 and continued in effect under subsection (1) can not be 28 amended. 29 Page 525

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 786] 786 Making or amending planning scheme policies under 1 repealed IPA 2 (1) If immediately before the commencement a local government 3 or the Minister has started the process under repealed IPA to 4 make or amend a planning scheme policy, the local 5 government or Minister may continue to make or amend the 6 policy under repealed IPA as if this Act had not commenced. 7 (2) Without limiting subsection (1), repealed IPA, section 2.1.20 8 continues to apply to the making or amendment of the 9 planning scheme policy. 10 (3) A planning scheme policy or amendment mentioned in 11 subsection (1) and made under repealed IPA is taken to be a 12 planning scheme policy or amendment made under this Act. 13 (4) Subsection (1) does not apply to a planning scheme policy 14 being made under repealed IPA, section 6.1.20. 15 787 Repealing particular planning scheme policies 16 (1) If immediately before the commencement a local government 17 has started the process under repealed IPA to repeal an 18 existing planning scheme policy, the local government may 19 continue the repeal of the policy under repealed IPA as if this 20 Act had not commenced. 21 (2) The repeal of a planning scheme policy under subsection (1) 22 has effect as if it were repealed under this Act. 23 788 Particular notices and directions under repealed IPA 24 (1) Subsection (2) applies to a notice given by the Minister under 25 repealed IPA, section 2.3.1(1) if on the commencement the 26 Minister has not acted under repealed IPA, section 2.3.1(4) in 27 relation to the notice. 28 (2) For this Act, the notice is taken to be a notice given under 29 section 125(1). 30 Page 526

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 789] (3) Subsection (4) applies to a direction given to a local 1 government under repealed IPA, section 2.3.2 in relation to an 2 action that, on the commencement, has not been taken by the 3 local government. 4 (4) The direction continues to have effect as a direction given 5 under section 126 or 127 of this Act. 6 Division 4 Provisions for planning 7 partnerships 8 789 Master planned areas 9 (1) An area that is a master planned area under repealed IPA 10 immediately before the commencement is taken to be a master 11 planned area under this Act. 12 (2) A master planned area declaration made under repealed IPA, 13 section 2.5B.3 before the commencement is taken to be a 14 master planned area declaration made under this Act. 15 (3) Subsection (4) applies to a master planned area declaration 16 mentioned in subsection (2) if on the commencement the 17 process for making the structure plan for the area has not 18 started. 19 (4) Any timeframes stated in the master planned area declaration 20 for steps identified in repealed IPA, schedule 1A, (the 21 repealed steps) for the making of the structure plan are taken 22 to be timeframes for carrying out the steps under the process 23 for making the structure plan under this Act that are 24 equivalent to the repealed steps. 25 790 Structure plans 26 (1) A structure plan made under repealed IPA, chapter 2, part 5B 27 for a master planned area and in effect immediately before the 28 commencement (an existing structure plan) is taken to be a 29 structure plan made under this Act for the area. 30 Page 527

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 791] (2) For this Act, a desired environmental outcome stated in an 1 existing structure plan is taken to be a strategic outcome for 2 the master planned area. 3 791 Making structure plan under repealed IPA 4 (1) If immediately before the commencement a local government 5 has started the process under repealed IPA to make a structure 6 plan, the local government may continue to make the structure 7 plan under repealed IPA as if this Act had not commenced. 8 (2) A structure plan mentioned in subsection (1) and made under 9 repealed IPA is taken to be a structure plan made under this 10 Act. 11 (3) Despite section 141(1)(c), the structure plan need not reflect 12 the standard planning scheme provisions. 13 (4) However, the structure plan may state that development is 14 prohibited development only if the standard planning scheme 15 provisions state the development may be prohibited 16 development. 17 (5) Subsection (6) applies if the structure plan states desired 18 environmental outcomes for a master planned area. 19 (6) For this Act, the stated desired environmental outcomes are 20 taken to be strategic outcomes for the master planned area. 21 792 Application of s 149 to particular structure plans 22 Section 149 applies in relation to an existing structure plan 23 and a structure plan mentioned in section 791(1) and made 24 under repealed IPA-- 25 (a) as if the reference in section 149(1) to the guideline 26 mentioned in section 145 were a reference to repealed 27 IPA, schedule 1A; and 28 (b) as if the reference in section 149(2) to comply again 29 were a reference to comply. 30 Page 528

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 793] 793 Master plans 1 A master plan approved under repealed IPA for a declared 2 master planned area and in force immediately before the 3 commencement (an existing master plan) is taken to be a 4 master plan approved under this Act for the area. 5 794 Applications for approval or amendment of master plans 6 under repealed IPA 7 (1) This section applies to a following application made but not 8 decided before the commencement-- 9 (a) an application for approval of a proposed master plan 10 for a declared master planned area made under repealed 11 IPA, chapter 2, part 5B, division 5; 12 (b) an application to amend a master plan for a declared 13 master planned area made under repealed IPA, section 14 2.5B.59. 15 (2) For dealing with and deciding the application, repealed IPA, 16 chapter 2, part 5B, division 5 and sections 2.5B.58 and 17 2.5B.59 continue to apply as if this Act had not commenced. 18 (3) Without limiting subsection (2), repealed IPA, sections 19 2.5B.49 and 2.5B.50 continue to apply in relation to the 20 application. 21 (4) Despite section 155(1)(b), a master plan or an amendment 22 mentioned in subsection (1) need not reflect the standard 23 planning scheme provisions. 24 (5) For repealed IPA, section 2.5B.34(2), a participating agency 25 or coordinating agency may also give the weight it is satisfied 26 is appropriate to a document of a type mentioned in repealed 27 IPA, section 2.5B.34(1)(b) or (c), that is made under this Act. 28 (6) For repealed IPA, section 2.5B.41(2), a local government may 29 also give the weight it is satisfied is appropriate to a document 30 of a type mentioned in repealed IPA, section 2.5B.41(1), that 31 is made under this Act. 32 Page 529

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 795] (7) If a proposed master plan or amendment mentioned in 1 subsection (1) is approved under repealed IPA, the master 2 plan or amendment is taken to be a master plan or amendment 3 approved under this Act. 4 795 Continuation of particular agreements 5 (1) An agreement entered into under repealed IPA, section 6 2.5B.51, in relation to a master plan and in force immediately 7 before the commencement continues in force and is taken to 8 be an agreement entered into under section 193 of this Act. 9 (2) An agreement entered into under repealed IPA, section 10 2.5B.74, in relation to the preparation of a structure plan and 11 in force immediately before the commencement continues in 12 force and is taken to be an agreement entered into under 13 section 143 of this Act. 14 796 Continuation of particular local government resolutions 15 A resolution of a local government under repealed IPA, 16 section 2.5B.75, to make and levy a charge in relation to a 17 structure plan and in effect immediately before the 18 commencement continues in effect and is taken to be a 19 resolution under section 144 of this Act. 20 797 Master plans prevail over conditions of rezoning 21 approvals under the repealed LGP&E Act 22 A master plan under this Act prevails to the extent the plan is 23 inconsistent with a condition-- 24 (a) of an approval given under the repealed LGP&E Act, 25 section 4.4(5); or 26 (b) decided under the repealed LGP&E Act, section 27 2.19(3). 28 Page 530

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 798] Division 5 Provisions for designations of 1 community infrastructure 2 798 Designation of community infrastructure 3 (1) A designation of land for community infrastructure under 4 repealed IPA that is in effect immediately before the 5 commencement-- 6 (a) continues as a designation under chapter 5 of this Act; 7 and 8 (b) is taken to have had effect on the day it had effect under 9 repealed IPA. 10 (2) A notice given under repealed IPA, section 2.6.15(1)(e) about 11 a designation mentioned in subsection (1) before the 12 commencement continues in effect and is taken to be a notice 13 given under section 215(1)(e) of this Act. 14 799 Designation of land under repealed IPA 15 (1) If immediately before the commencement a Minister has 16 started the process under repealed IPA, chapter 2, part 6 to 17 designate land, the Minister may continue the designation 18 under repealed IPA as if this Act had not commenced. 19 (2) The designation of the land is taken to be a designation by the 20 Minister under chapter 5 of this Act. 21 (3) For this Act, a notice given by the Minister under repealed 22 IPA, section 2.6.8(1)(b), in relation to the designation has 23 effect as if it were a notice given under section 208(1)(b) of 24 this Act. 25 (4) If under repealed IPA an amendment of a local government's 26 planning scheme is continuing for the purpose of the local 27 government designating land, repealed IPA, section 2.6.13 28 continues to apply in relation to the proposed amendment. 29 Page 531

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 800] 800 Continuing request to acquire designated land under 1 repealed IPA 2 (1) This section applies if, under repealed IPA, section 2.6.19, a 3 person has asked a Minister or local government to buy an 4 interest in land and the request has not been decided before 5 the commencement. 6 (2) The Minister or local government must continue to deal with 7 and decide the request under repealed IPA. 8 (3) For subsection (2), repealed IPA, sections 2.6.19 to 2.6.25, 9 apply as if this Act had not commenced. 10 Division 6 Provisions for integrated 11 development assessment system 12 801 Continuing effect of development approvals 13 (1) A development approval under repealed IPA that is in force 14 immediately before the commencement continues as a 15 development approval under this Act. 16 (2) For this Act, a development approval continued in force under 17 subsection (1) is taken to have had effect on the day it had 18 effect under repealed IPA. 19 802 Development applications under repealed IPA 20 (1) This section applies to a development application made under 21 repealed IPA, but not decided, before the commencement (an 22 existing application). 23 (2) For dealing with and deciding the application, repealed IPA 24 continues to apply as if this Act had not commenced. 25 (3) For repealed IPA, section 3.3.15(2), a referral agency for the 26 application may also give the weight it considers appropriate 27 to any laws, planning schemes, policies and codes of a type 28 mentioned in repealed IPA, section 3.3.15(1), made under this 29 Act and coming into effect after the application was made. 30 Page 532

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 803] (4) For repealed IPA, section 3.5.6(2), an assessment manager for 1 the application may also give the weight it considers 2 appropriate to a code, planning instrument, law or policy 3 made under this Act and coming into effect after the 4 application was made, but-- 5 (a) before the day for the decision stage for the application 6 under repealed IPA started; or 7 (b) if the decision stage is stopped--before the day the 8 decision stage is restarted. 9 (5) To remove any doubt, it is declared that-- 10 (a) any requirement or restriction on the making or deciding 11 of the application applying under repealed IPA or 12 another Act as in force before the commencement 13 continues to apply in relation to the application to the 14 extent it would have applied before the commencement; 15 and 16 (b) repealed IPA, chapter 3, part 7 continues to apply in 17 relation to a development permit given for the 18 application. 19 (6) Despite subsection (2)-- 20 (a) repealed IPA, section 3.2.4 does not apply to the 21 application; and 22 (b) chapter 6, part 11 of this Act applies to the application. 23 (7) If a development approval is given under repealed IPA in 24 relation to the application, it is taken to be a development 25 approval given under this Act. 26 803 Dealing with existing applications under other Acts 27 (1) This section applies if, after the commencement, a reference 28 in another Act to the Sustainable Planning Act 2009 or a 29 provision of the Sustainable Planning Act 2009 relates to a 30 development application. 31 Page 533

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 804] (2) For dealing with and deciding an existing application under 1 repealed IPA, and carrying out any action under the other Act 2 in relation to the application, the other Act as in force before 3 the commencement continues to apply. 4 804 Continuing application of repealed IPA, s 5.1.25(1) 5 (1) This section applies to a development application made under 6 repealed IPA if an acknowledgement notice was given for the 7 application under that Act before the commencement, other 8 than under repealed IPA, section 3.2.4. 9 (2) Repealed IPA, section 5.1.25(1) continues to apply in relation 10 to a development approval given for the application as if this 11 Act had not commenced. 12 805 Request about application of superseded planning 13 schemes 14 (1) This section applies if a planning scheme or amendment of a 15 planning scheme creating a superseded planning scheme took 16 effect under repealed IPA before the commencement. 17 (2) Section 95 applies to a request mentioned in that section in 18 relation to the superseded planning scheme as if the reference 19 in section 95(2) to within 1 year were a reference to within 2 20 years. 21 (3) Section 99(2) applies to a development application 22 (superseded planning scheme) made in relation to the request 23 as if the reference in section 99(2) to 6 months were a 24 reference to 20 business days. 25 806 Particular acknowledgement notices 26 (1) This section applies to a person given an acknowledgement 27 notice under repealed IPA, section 3.2.5(1)(a) before or after 28 the commencement. 29 (2) The person may, under section 98(2) to (5) of this Act, ask a 30 local government to extend the period mentioned in repealed 31 Page 534

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 807] IPA, section 3.2.5(5) for the development to which the 1 acknowledgement notice relates. 2 (3) For subsection (2), section 98(2) and (5) apply as if the 3 reference in the subsections to subsection (1) were a reference 4 to repealed IPA, section 3.2.5(5). 5 807 Application of repealed IPA, ch 3, pt 5, div 4 6 (1) Subsection (2) applies if-- 7 (a) an applicant has made representations about a decision 8 notice to an assessment manager under repealed IPA, 9 section 3.5.17 before the commencement; and 10 (b) the assessment manager has not dealt with the 11 representations under that section on the 12 commencement. 13 (2) The assessment manager may continue to deal with the 14 representations under that section as if repealed IPA had not 15 been repealed. 16 (3) Subsection (4) applies if-- 17 (a) within 20 business days before the commencement an 18 applicant has given an assessment manager a notice 19 under repealed IPA, section 3.5.18(1) suspending the 20 applicant's appeal period for a decision notice; and 21 (b) on the commencement the applicant has not made 22 representations about the decision notice to the 23 assessment manager under repealed IPA, section 3.5.17. 24 (4) Repealed IPA, chapter 3, part 5, division 4 continues to apply 25 in relation to the decision notice as if repealed IPA had not 26 been repealed. 27 808 Preliminary approvals under repealed IPA 28 (1) This section applies to a preliminary approval to which 29 repealed IPA, section 3.1.6 applies, whether the approval was 30 given under repealed IPA before the commencement or after 31 Page 535

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 809] the commencement for a development application made 1 before the commencement. 2 (2) The preliminary approval is taken to be a preliminary 3 approval to which section 242 applies. 4 (3) Section 342(1) to (3) applies to the preliminary approval. 5 (4) Section 343 does not apply to the preliminary approval. 6 809 Requests to extend period under repealed IPA, s 3.5.21 7 (1) This section applies to a request made under repealed IPA, 8 section 3.5.22, and not decided, before the commencement. 9 (2) For dealing with and deciding the request, repealed IPA, 10 sections 3.5.22 and 3.5.23 continue to apply as if this Act had 11 not commenced. 12 (3) However, a decision on the request under repealed IPA, 13 section 3.5.23 is taken to be a decision on a request under 14 chapter 6, part 8, division 5 of this Act. 15 810 Changing development approvals under repealed IPA 16 (1) Subsection (2) applies to a request to change a development 17 approval made under repealed IPA, section 3.5.24, and not 18 decided, before the commencement. 19 (2) For dealing with and deciding the request, repealed IPA, 20 sections 3.5.24 and 3.5.25 continue to apply as if this Act had 21 not commenced. 22 (3) Subsection (4) applies to a request to change or cancel a 23 condition of a development approval made under repealed 24 IPA, section 3.5.33, and not decided, before the 25 commencement. 26 (4) For dealing with and deciding the request, repealed IPA, 27 section 3.5.33 continues to apply as if this Act had not 28 commenced. 29 Page 536

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 811] (5) Subsection (6) applies to a notice given under repealed IPA, 1 section 3.5.33A(7) (the first notice) if, before the 2 commencement, notice under repealed IPA, section 3 3.5.33A(9) had not been given in relation to the first notice. 4 (6) On the commencement, the first notice is taken to be a notice 5 given under section 378(7) of this Act and may continue to be 6 dealt with under section 378. 7 811 Request to cancel development approval 8 (1) This section applies to a request to cancel a development 9 approval that was made but not finally dealt with under 10 repealed IPA, section 3.5.26 before the commencement. 11 (2) For dealing with the request, repealed IPA, section 3.5.26 12 continues to apply as if this Act had not commenced. 13 (3) The cancellation of the development approval under repealed 14 IPA, section 3.5.26 has effect as if the approval were cancelled 15 under section 381 of this Act. 16 812 Particular condition of development approvals 17 (1) This section applies if a condition of a development approval 18 given under repealed IPA before or after the commencement 19 requires, for a matter prescribed under section 3.5.31A of that 20 Act, a document or work to be assessed for compliance with a 21 condition. 22 (2) Repealed IPA, section 3.5.31A and any regulation under that 23 section in force immediately before the commencement 24 continue to apply for the assessment. 25 813 Continuation of agreements under repealed IPA, s 3.5.34 26 An agreement entered into under repealed IPA, section 3.5.34 27 in relation to a condition of a development approval continues 28 to have effect and is taken to be an agreement entered into 29 under section 348 of this Act. 30 Page 537

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 814] 814 Directions and call in powers under repealed IPA 1 (1) Repealed IPA, chapter 3, part 6, division 1 continues to apply 2 in relation to a direction given by the Minister under the 3 division before the commencement. 4 (2) Repealed IPA, chapter 3, part 6, division 2 continues to apply 5 in relation to a notice given to the assessment manager under 6 the division before the commencement. 7 815 Continuing effect of repealed IPA, ch 3, pt 7 8 (1) This section applies to a development permit given under 9 repealed IPA before the commencement if the permit-- 10 (a) authorises the reconfiguring of a lot; or 11 (b) includes a condition requiring a plan for reconfiguring a 12 lot to be submitted to a local government. 13 (2) Repealed IPA, chapter 3, part 7 continues to apply in relation 14 to the development permit. 15 Division 7 Provisions for appeals and 16 enforcement 17 Subdivision 1 Planning and Environment Court 18 816 Appointments of judges continue 19 A judge of the District Court notified by gazette notice under 20 repealed IPA, section 4.1.8 as a judge who constituted the 21 court before the commencement is, until a further notice is 22 gazetted under section 443, a judge who, on and from the 23 commencement, constitutes the court. 24 Page 538

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 817] 817 Rules of court and directions continue 1 (1) The rules of court in force immediately before the 2 commencement continue in force on and after the 3 commencement as if they were made under section 445. 4 (2) A direction issued by the Chief Judge of the District Court 5 under repealed IPA, section 4.1.11(2) and in force 6 immediately before the commencement continues in force on 7 and after the commencement as if it were issued under section 8 446(2). 9 818 Proceedings for declarations 10 (1) A proceeding started before the court under repealed IPA, 11 section 4.1.21 and not finished on the commencement may be 12 continued and completed by the court under repealed IPA as if 13 this Act had not commenced. 14 (2) A person may bring a proceeding in the court for a declaration 15 under repealed IPA, section 4.1.21 after the commencement in 16 relation to any of the following for which the person could 17 have brought a proceeding if this Act had not commenced-- 18 (a) a matter done, to be done or that should have been done, 19 for repealed IPA; 20 (b) the construction of repealed IPA. 21 (3) Despite subsection (2), repealed IPA, sections 4.1.5A and 22 4.1.23(2)(a) do not apply in relation to a proceeding 23 mentioned in the subsection. 24 (4) A decision of the court in a proceeding mentioned in 25 subsection (2) is taken to be a decision under this Act for the 26 purposes of an appeal to the Court of Appeal under chapter 7, 27 part 1, division 14. 28 819 Appeals to court--generally 29 (1) Subsection (2) applies if-- 30 Page 539

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 819] (a) a person has appealed to the court under repealed IPA, 1 or repealed IPA as applied under another Act, before the 2 commencement; and 3 (b) the appeal has not been decided before the 4 commencement. 5 (2) The court must hear, or continue to hear, and decide the 6 appeal under repealed IPA, or repealed IPA as applied under 7 the other Act, as if this Act had not commenced. 8 (3) Subsection (4) applies if-- 9 (a) immediately before the commencement a person could 10 have appealed to the court under repealed IPA, or 11 repealed IPA as applied under another Act; and 12 (b) the person has not appealed before the commencement. 13 (4) The person may appeal, and the court must hear and decide 14 the appeal under repealed IPA, or repealed IPA as applied 15 under the other Act, as if this Act had not commenced. 16 (5) Subsection (6) applies if a person could have appealed to the 17 court under repealed IPA about a following matter if this Act 18 had not commenced-- 19 (a) a matter relating to a development application or a 20 master plan application made before the commencement 21 that is continuing to be dealt with under repealed IPA 22 after the commencement; 23 (b) a decision made under repealed IPA after the 24 commencement on a request-- 25 (i) under repealed IPA, section 2.6.19; or 26 (ii) for an extension of a period mentioned in repealed 27 IPA, section 3.5.21; or 28 (iii) to make a minor change to a development 29 approval; or 30 (iv) to change or cancel a condition of a development 31 approval; 32 Page 540

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 820] (c) a decision given in a notice under repealed IPA, section 1 6.1.44 after the commencement to change or cancel a 2 condition of a development approval; 3 (d) a deemed refusal of a request mentioned in paragraph 4 (b) and made before the commencement; 5 (e) a decision made after the commencement on an 6 application to change the conditions attached to an 7 approval given under the repealed LGP&E Act, section 8 2.19(3) or 4.4; 9 (f) a decision made before or after the commencement 10 about an assessment mentioned in repealed IPA, section 11 3.5.31A; 12 (g) a decision made under repealed IPA, section 5.4.8 or 13 5.5.3 after the commencement. 14 (6) The person may appeal, and the court must hear and decide 15 the appeal under repealed IPA as if this Act had not 16 commenced. 17 (7) Despite subsections (4) and (6), repealed IPA, sections 4.1.5A 18 and 4.1.23(2)(a) do not apply in relation to a proceeding for an 19 appeal mentioned in the subsections. 20 (8) A decision of the court on an appeal mentioned in this section 21 is taken to be a decision under this Act for the purposes of an 22 appeal to the Court of Appeal under chapter 7, part 1, division 23 14. 24 820 Proceedings for particular declarations and appeals 25 (1) If, in a proceeding for a declaration mentioned in section 26 818(2) or an appeal mentioned in section 819(4) or (6), the 27 court finds a provision of repealed IPA, or another Act in its 28 application to repealed IPA, has not been complied with or has 29 not been fully complied with, the court may deal with the 30 matter in the way the court considers appropriate. 31 Page 541

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 821] (2) For a proceeding for a declaration mentioned in section 1 818(2) or an appeal mentioned in section 819(4) or (6), 2 section 457(2)(a) applies. 3 (3) To remove any doubt, it is declared that subsection (1) applies 4 in relation to a development application that has lapsed or is 5 not a properly made application. 6 821 Application of repealed IPA, s 4.1.52 7 (1) This section applies for an appeal to the court under repealed 8 IPA. 9 (2) For deciding the appeal, repealed IPA, section 4.1.52(2) 10 applies-- 11 (a) as if the reference in repealed IPA, section 4.1.52(2)(a) 12 to new laws and policies included any laws and policies 13 coming into effect after the commencement; and 14 (b) as if the reference in repealed IPA, section 4.1.52(2)(b) 15 to a minor change were a reference to a minor change as 16 defined under this Act. 17 822 Appeals to Court of Appeal 18 (1) Subsection (2) applies if-- 19 (a) a person has appealed to the Court of Appeal under 20 repealed IPA before the commencement; and 21 (b) the appeal has not been decided before the 22 commencement. 23 (2) The Court of Appeal may hear, or continue to hear, and decide 24 the appeal under repealed IPA as if this Act had not 25 commenced. 26 (3) Subsection (4) applies if-- 27 (a) immediately before the commencement a person could 28 have appealed to the Court of Appeal under repealed 29 IPA; and 30 Page 542

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 823] (b) the person has not appealed before the commencement. 1 (4) The person may appeal, and the Court of Appeal may hear 2 and decide the appeal under repealed IPA as if this Act had 3 not commenced. 4 Subdivision 2 Building and development tribunals 5 823 Establishment of tribunal under repealed IPA 6 (1) A tribunal established under repealed IPA for a matter before 7 the commencement continues in existence for hearing and 8 deciding the matter. 9 (2) If a tribunal mentioned in subsection (1) had not started 10 hearing the matter before the commencement, the tribunal 11 may hear and decide the matter under repealed IPA. 12 824 Continuation of appointment as general or aesthetics 13 referee 14 (1) This section applies to a person who, immediately before the 15 commencement, is a general referee or aesthetics referee 16 appointed under repealed IPA, chapter 4, part 2, division 7. 17 (2) On the commencement, the person is taken to be a general 18 referee or aesthetics referee appointed under chapter 7, part 2, 19 division 10 of this Act. 20 (3) The person's term of appointment ends on the day it would 21 have ended if this Act had not commenced, unless the 22 appointment is sooner cancelled. 23 (4) Despite subsection (2), the person also continues as a general 24 referee or aesthetics referee for a proceeding under repealed 25 IPA after the commencement. 26 Page 543

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 825] 825 Continuation of appointment as registrar or other officer 1 (1) This section applies to a person who, immediately before the 2 commencement, is a registrar of building and development 3 tribunals, or other officer, appointed under repealed IPA, 4 section 4.2.8. 5 (2) On the commencement, the person is taken to be a registrar of 6 building and development committees, or other officer, 7 appointed under section 509 of this Act. 8 (3) Despite subsection (2), the person also continues as a registrar 9 of building and development tribunals, or other officer, for a 10 proceeding under repealed IPA after the commencement. 11 826 Application of ch 7, pt 2, div 3 12 Despite any other provision of this part, chapter 7, part 2, 13 division 3 does not apply in relation to a development 14 application made under repealed IPA before the 15 commencement. 16 827 Appeals to tribunals 17 (1) Subsection (2) applies if-- 18 (a) a person has appealed to a tribunal under repealed IPA 19 before the commencement; and 20 (b) the appeal has not been decided before the 21 commencement. 22 (2) The tribunal must hear, or continue to hear, and decide the 23 appeal under repealed IPA as if this Act had not commenced. 24 (3) Subsection (4) applies if-- 25 (a) immediately before the commencement a person could 26 have appealed to a tribunal under repealed IPA; and 27 (b) the person has not appealed before the commencement. 28 Page 544

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 828] (4) The person may appeal, and a tribunal must hear and decide 1 the appeal, under repealed IPA as if this Act had not 2 commenced. 3 (5) Subsection (6) applies if a person could have appealed to a 4 tribunal under repealed IPA about a following matter if this 5 Act had not commenced-- 6 (a) a matter relating to a development application made 7 before the commencement that is continuing to be dealt 8 with under repealed IPA after the commencement; 9 (b) a decision made under repealed IPA after the 10 commencement on a request-- 11 (i) for an extension of a period mentioned in repealed 12 IPA, section 3.5.21; or 13 (ii) to make a minor change to a development 14 approval; or 15 (iii) to change or cancel a condition of a development 16 approval; 17 (c) a decision given in a notice under repealed IPA, section 18 6.1.44 after the commencement to change or cancel a 19 condition of a development approval. 20 (6) The person may appeal, and a tribunal must hear and decide 21 the appeal, under repealed IPA as if this Act had not 22 commenced. 23 (7) A decision of the tribunal is taken to be a decision of a 24 building and development committee under this Act for the 25 purposes of an appeal to the court under section 479. 26 828 Application of repealed IPA, s 4.2.33 27 (1) This section applies for an appeal to a tribunal under repealed 28 IPA. 29 (2) Section 4.2.33 of that Act applies as if the reference in the 30 section to new laws and policies included any laws and 31 policies coming into effect after the commencement. 32 Page 545

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 829] Subdivision 3 Show cause notices and 1 enforcement notices 2 829 Show cause notices 3 (1) Subsection (2) applies to a show cause notice given to a 4 person by an assessing authority under repealed IPA, section 5 4.3.9 before the commencement. 6 (2) The show cause notice continues to have effect as if repealed 7 IPA had not been repealed and is taken to be a show cause 8 notice under this Act. 9 (3) An assessing authority may act under section 588 as if the 10 reference in that section to a development offence included a 11 reference to a development offence under repealed IPA. 12 830 Enforcement notices 13 (1) An enforcement notice given to a person under repealed IPA, 14 section 4.3.11 before the commencement continues in effect 15 and is taken to be an enforcement notice given under section 16 590. 17 (2) An assessing authority may act under section 590 as if a 18 reference in that section to a development offence included a 19 reference to a development offence under repealed IPA. 20 Subdivision 4 Legal proceedings 21 831 Proceedings for offences, and orders 22 (1) A proceeding for an offence against a provision of repealed 23 IPA under chapter 4, part 3, division 4 or chapter 4, part 4 of 24 that Act may be continued under that Act as if this Act had not 25 commenced. 26 (2) If, immediately before the commencement, a proceeding for 27 an offence against a provision of repealed IPA, chapter 4, part 28 Page 546

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 832] 3, division 4 or chapter 4, part 4 could have been started under 1 that Act, the proceeding may be started under this Act. 2 (3) An order mentioned in repealed IPA, section 4.3.20, 4.4.5(2) 3 or 4.4.6(2) and in force immediately before the 4 commencement continues in force as if the order were made 5 under this Act. 6 832 Enforcement orders of the court 7 (1) A proceeding under repealed IPA, chapter 4, part 3, division 5 8 may be continued under that Act as if this Act had not 9 commenced. 10 (2) If, immediately before the commencement, a proceeding 11 could have been started under repealed IPA, chapter 4, part 3, 12 division 5, the proceeding may be started under this Act. 13 (3) An enforcement order or interim enforcement order made 14 under repealed IPA continues in force as if the order were 15 made under this Act. 16 Division 8 Provisions about infrastructure 17 Subdivision 1 Preliminary 18 833 Charges for infrastructure 19 (1) This section applies if an infrastructure charge, regulated 20 infrastructure charge or regulated State infrastructure charge 21 is payable under an infrastructure charges notice, regulated 22 infrastructure charges notice or regulated State infrastructure 23 charges notice given under repealed IPA before the 24 commencement. 25 (2) The notice is taken to be an infrastructure charges notice, 26 regulated infrastructure charges notice or regulated State 27 infrastructure charges notice under this Act. 28 Page 547

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 834] Subdivision 2 Infrastructure planning and funding 1 834 Priority infrastructure plans for existing planning 2 schemes 3 An existing planning scheme need not include a priority 4 infrastructure plan until-- 5 (a) generally--30 June 2010; or 6 (b) if the Minister, by gazette notice, nominates a later day 7 for a particular existing planning scheme--the later day. 8 835 Continuing effect of priority infrastructure plans 9 (1) On the commencement, a priority infrastructure plan under 10 repealed IPA is taken to be a priority infrastructure plan under 11 this Act. 12 (2) If immediately before the commencement a local government 13 has started the process under repealed IPA to prepare a 14 priority infrastructure plan, the local government may 15 continue preparing the plan under repealed IPA as if this Act 16 had not commenced. 17 (3) A priority infrastructure plan mentioned in subsection (2) and 18 prepared under repealed IPA is taken to be a priority 19 infrastructure plan made under this Act. 20 836 Infrastructure charges schedules 21 (1) On the commencement, an infrastructure charges schedule 22 under repealed IPA is taken to be an infrastructure charges 23 schedule under this Act. 24 (2) If immediately before the commencement a local government 25 has started the process under repealed IPA to prepare or 26 amend an infrastructure charges schedule, the local 27 government may continue to prepare or amend the 28 infrastructure charges schedule under repealed IPA as if this 29 Act had not commenced. 30 Page 548

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 837] (3) An infrastructure charges schedule or amendment mentioned 1 in subsection (2) and made under repealed IPA is taken to be 2 an infrastructure charges schedule or amendment made under 3 this Act. 4 837 Regulated infrastructure charges schedules 5 (1) A regulated infrastructure charges schedule in effect under 6 repealed IPA immediately before the commencement is taken 7 to be a regulated infrastructure charges schedule under this 8 Act. 9 (2) If immediately before the commencement a local government 10 has started the process under repealed IPA to adopt a regulated 11 infrastructure charges schedule, the local government may 12 continue the process under repealed IPA as if this Act had not 13 commenced. 14 (3) A regulated infrastructure charges schedule mentioned in 15 subsection (2) and adopted under repealed IPA is taken to be a 16 regulated infrastructure charges schedule adopted under this 17 Act. 18 838 Continued application of particular provisions about 19 charges 20 Repealed IPA, sections 5.1.10, 5.1.11, 5.1.20 and 5.1.21 21 continue to apply in relation to an infrastructure charge or 22 regulated infrastructure charge levied and collected under that 23 Act before the commencement. 24 839 Application of ch 8, pt 4 25 Chapter 8, part 4 applies to a following notice given under 26 repealed IPA as if the notice were given under this Act-- 27 (a) an infrastructure charges notice; 28 (b) a regulated infrastructure charges notice; 29 (c) a regulated State infrastructure charges notice. 30 Page 549

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 840] Subdivision 3 Infrastructure agreements 1 840 Infrastructure agreements 2 An infrastructure agreement in force under repealed IPA 3 immediately before the commencement continues to have 4 effect and is binding on the parties to the agreement as if it 5 were an infrastructure agreement under this Act. 6 Subdivision 4 Funding of State infrastructure in 7 master planned areas 8 841 Regulated State infrastructure charges schedules and 9 agreements 10 (1) On the commencement, a regulated State infrastructure 11 charges schedule under repealed IPA is taken to be a regulated 12 State infrastructure charges schedule under this Act. 13 (2) An agreement in force under repealed IPA, section 5.3.8 14 immediately before the commencement continues to have 15 effect and is binding on the parties to the agreement as if it 16 were an agreement under section 673. 17 Division 9 Provisions about matters under 18 repealed IPA, chapter 5 19 842 Claims for compensation 20 (1) Subsection (2) applies if, before the commencement-- 21 (a) a person has made a claim for compensation under 22 repealed IPA, section 5.4.2, 5.4.3, 5.4.5 or 5.5.3 to a 23 local government or assessment manager; and 24 (b) the claim has not been decided. 25 Page 550

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 843] (2) The local government or assessment manager may decide the 1 claim under repealed IPA as if this Act had not commenced. 2 (3) Subsection (4) applies if, immediately before the 3 commencement-- 4 (a) a person had a right to claim compensation under 5 repealed IPA, section 5.4.2, 5.4.3, 5.4.5 or 5.5.3; and 6 (b) the person had not exercised the right. 7 (4) The person may exercise the right within the period stated 8 under repealed IPA for exercising the right. 9 (5) Subsection (6) applies if, before or after the commencement, a 10 person is given an acknowledgement notice under repealed 11 IPA, section 3.2.5(1)(b) or (3)(b) for a development 12 application (superseded planning scheme) decided after the 13 commencement. 14 (6) Any right a person may have to claim compensation under 15 repealed IPA, section 5.4.2 in relation to the development 16 application (superseded planning scheme) continues as if this 17 Act had not commenced. 18 (7) A claim for compensation in relation to a right mentioned in 19 subsection (4) or (6) may be dealt with under repealed IPA as 20 if this Act had not commenced. 21 843 Keeping particular documents 22 (1) A document required to be kept by an entity for inspection 23 and purchase under repealed IPA, chapter 5, part 7 or section 24 6.1.48 must be kept available by the entity for inspection and 25 purchase under this Act. 26 (2) A document required to be kept by an entity for inspection 27 only under repealed IPA, chapter 5, part 7 must be kept 28 available by the entity for inspection under this Act. 29 Page 551

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 844] 844 Planning and development certificates 1 (1) Subsection (2) applies to an application for a planning and 2 development certificate made under repealed IPA, but not 3 decided, before the commencement. 4 (2) For dealing with and deciding the application, repealed IPA 5 continues to apply as if this Act had not commenced. 6 (3) A planning and development certificate given under repealed 7 IPA, whether before or after the commencement, is taken to be 8 a planning and development certificate under this Act. 9 845 Delegations 10 A delegation made before the commencement that is 11 necessary to give effect to this part continues to have effect on 12 and after the commencement until specifically withdrawn by 13 the person who gave the delegation. 14 846 Guidelines 15 A guideline issued by the chief executive under repealed IPA, 16 section 5.9.9(1)(a) or (b) and in effect immediately before the 17 commencement continues in effect and is taken to be a 18 guideline made by the chief executive under section 760. 19 Division 10 Provisions about matters under 20 repealed IPA, chapter 6 21 847 Planning scheme policies for infrastructure 22 (1) This section applies if, immediately before the 23 commencement, a local government has an existing planning 24 scheme that includes a planning scheme policy about 25 infrastructure prepared under repealed IPA, section 6.1.20. 26 (2) An infrastructure contribution mentioned in the policy may 27 apply to development infrastructure-- 28 Page 552

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 847] (a) despite section 82--that is not within, or completely 1 within, the local government's area; or 2 (b) that is not owned by the local government, if the owner 3 of the infrastructure agrees; or 4 (c) supplied by a local government on a State-controlled 5 road. 6 (3) The infrastructure contribution must be for a development 7 infrastructure network that services, or is planned to service, 8 premises and is identified in the policy. 9 (4) The infrastructure contribution required under the policy may 10 be calculated-- 11 (a) in the way permitted under the repealed LGP&E Act; or 12 (b) as if it were an infrastructure charge under this Act. 13 (5) If the planning scheme policy requires an infrastructure 14 contribution for works for the local function of a 15 State-controlled road, the contribution must be-- 16 (a) separately accounted for; and 17 (b) used to provide works on a State-controlled road. 18 (6) However, if the local government has an infrastructure 19 charges plan, an infrastructure charges schedule or a regulated 20 infrastructure charges schedule (a relevant instrument) and 21 there is an inconsistency between the planning scheme policy 22 and a relevant instrument, the relevant instrument prevails to 23 the extent of the inconsistency. 24 (7) This section applies despite section 114. 25 (8) A planning scheme policy mentioned in subsection (1) ceases 26 to have effect on-- 27 (a) generally--30 June 2010; or 28 (b) if the Minister, by gazette notice, nominates a later day 29 for the planning scheme--the later day. 30 (9) Despite subsection (8), a requirement under this section about 31 an infrastructure contribution required under the planning 32 Page 553

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 848] scheme policy before the day it ceases to have effect continues 1 to apply. 2 848 Conditions about infrastructure for particular 3 applications 4 (1) Subsection (2) applies if-- 5 (a) a local government is deciding a development 6 application under an existing planning scheme; and 7 (b) the local government has a planning scheme policy 8 about infrastructure prepared under repealed IPA, 9 section 6.1.20. 10 (2) For deciding the aspect of the application relating to the 11 planning scheme policy-- 12 (a) chapter 8, part 1 does not apply; and 13 (b) section 347(1)(b) does not apply; and 14 (c) the local government may impose a condition on the 15 development approval requiring land, works or a 16 contribution towards the cost of supplying 17 infrastructure, including parks, under the planning 18 scheme policy. 19 (3) However-- 20 (a) if a condition imposed under subsection (2)(c) is 21 inconsistent with an infrastructure agreement for 22 supplying the infrastructure, to the extent of the 23 inconsistency, the agreement prevails; or 24 (b) if the application is being decided under an existing 25 planning scheme, subsection (2) applies only until-- 26 (i) 30 June 2010; or 27 (ii) if the Minister, by gazette notice, nominates a later 28 day for the planning scheme--the later day. 29 (4) Subsection (5) applies-- 30 Page 554

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 849] (a) if the planning scheme policy provides for the 1 contribution mentioned in subsection (2)(c) to be 2 adjusted or increased; and 3 (b) despite the planning scheme policy. 4 (5) The amount of the contribution may only be adjusted or 5 increased, for the relevant period, by not more than an amount 6 representing the increase in the consumer price index for the 7 relevant period. 8 (6) In this section-- 9 consumer price index means the all groups consumer price 10 index for Brisbane published by the Australian Statistician. 11 relevant period, in relation to a development approval, means 12 the period starting on the day the approval comes into effect 13 and ending on the day the contribution amount payable under 14 a condition of the approval is to be paid. 15 849 Appeals about infrastructure contributions 16 (1) This section applies to a person who-- 17 (a) under section 847 or repealed IPA, section 6.1.20, is 18 required to pay an infrastructure contribution under a 19 planning scheme policy; and 20 (b) is dissatisfied with the calculation of the amount of the 21 contribution. 22 (2) The person may appeal to a building and development 23 committee about an error in the calculation of the amount. 24 (3) An appeal under this section must be started within 20 25 business days after the day the person is given written notice 26 of the requirement. 27 (4) The registrar of building and development committees must, 28 within 10 business days after the appeal is started, give written 29 notice of the appeal to the assessment manager. 30 (5) The assessment manager is the respondent for the appeal. 31 Page 555

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 850] (6) For an appeal under this section, chapter 7, part 2, divisions 8 1 and 9 apply with all necessary changes. 2 (7) To remove any doubt, it is declared that an appeal under this 3 section can not be about the methodology used to establish the 4 amount of the infrastructure contribution. 5 850 Conditions attaching to land 6 (1) This section applies to a condition mentioned in repealed IPA, 7 section 6.1.24(2) that, under that section, attaches to land and 8 is binding on successors in title. 9 (2) On and from the commencement, the condition remains 10 attached to the land and is binding on successors in title. 11 851 Applications in progress under transitional planning 12 schemes 13 (1) This section applies to a following application to which 14 repealed IPA, section 6.1.28, 6.1.29, 6.1.30, 6.1.30A or 6.1.32 15 as in force on the commencement (the repealed sections) 16 would have applied if this Act had not commenced-- 17 (a) an existing application; 18 (b) a development application (superseded planning 19 scheme), if the superseded planning scheme for the 20 application is a transitional planning scheme under 21 repealed IPA, chapter 6, part 1. 22 (2) To remove any doubt, it is declared that-- 23 (a) the repealed sections continue to apply for dealing with 24 and deciding the application as if this Act had not 25 commenced; and 26 (b) a reference in repealed IPA, section 6.1.29(3) to a 27 planning scheme policy or a State planning policy 28 includes a reference to a planning scheme policy or a 29 State planning policy made under this Act; and 30 Page 556

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 852] (c) for assessing an application to which repealed IPA, 1 section 6.1.29 applies--repealed IPA, sections 6.4.1 and 2 6.8.10 continue to apply as if this Act had not 3 commenced. 4 852 Applications to change conditions of rezoning approvals 5 under repealed LGP&E Act 6 (1) This section applies if a person wants to change the conditions 7 attached to an approval given under the repealed LGP&E Act, 8 section 2.19(3)(a) or 4.4(5). 9 (2) The person may make a development application to achieve 10 the change. 11 (3) On and from the commencement, the person can not apply 12 under the repealed LGP&E Act, section 4.3(1) or 4.15(1) to 13 change the conditions. 14 (4) However, if before the commencement an application under 15 the repealed LGP&E Act, section 4.3(1) or 4.15(1) to change 16 the conditions had been made but not decided, the application 17 must be processed by the local government as if the repealed 18 LGP&E Act had not been repealed. 19 853 Development approvals prevail over conditions of 20 rezoning approvals under repealed LGP&E Act 21 A development approval given under this Act or repealed IPA 22 prevails, to the extent the approval is inconsistent with a 23 condition-- 24 (a) of an approval given under the repealed LGP&E Act, 25 section 4.4(5); or 26 (b) decided under the repealed LGP&E Act, section 27 2.19(3). 28 Page 557

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 854] 854 Notice under repealed IPA, s 6.1.44 1 (1) This section applies if, before the commencement, an entity 2 has given a person a notice under repealed IPA, section 3 6.1.44(4) about a condition of a development approval but has 4 not given a notice under section 6.1.44(6) of that Act in 5 relation to the condition. 6 (2) Repealed IPA, section 6.1.44 continues to apply for the 7 development approval. 8 855 Infrastructure agreements 9 (1) An infrastructure agreement made under the repealed LGP&E 10 Act, part 6, division 2 that, immediately before the 11 commencement, was in effect and was binding on the parties 12 to the agreement continues in effect and continues to be 13 binding on the parties as if the repealed LGP&E Act had not 14 been repealed. 15 (2) If an infrastructure agreement mentioned in subsection (1) or 16 made under repealed IPA contains permission criteria 17 inconsistent with a regulation made under section 250(a) or 18 251(a) of this Act, to the extent of the inconsistency the 19 agreement prevails. 20 (3) In this section-- 21 permission criteria means criteria under any of the 22 following-- 23 (a) for an agreement-- 24 (i) mentioned in subsection (1)--the Transport 25 Infrastructure Act 1994, section 40, as in force 26 immediately before 1 December 1999; or 27 (ii) made under repealed IPA--the Transport 28 Infrastructure Act 1994, section 40; 29 (b) the Transport Operations (Passenger Transport) Act 30 1994, section 145(4), as in force before 19 September 31 2005. 32 Page 558

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 856] 856 Rezoning agreements under previous Acts 1 (1) This section applies to an agreement made for securing the 2 conditions of a rezoning approval if the conditions did not 3 attach to the land the subject of the approval and bind 4 successors in title. 5 (2) To the extent the agreement was validly made, still has effect 6 and is not inconsistent with a condition of a development 7 approval or master plan, nothing in the repealed LGP&E Act, 8 repealed IPA or this Act affects the agreement. 9 (3) If-- 10 (a) an assessment manager is imposing a condition under 11 this Act about infrastructure; or 12 (b) a coordinating agency or the local government is 13 proposing to include a condition about infrastructure in 14 a proposed master plan; or 15 (c) a local government is fixing an infrastructure charge 16 under chapter 8, part 1; or 17 (d) a coordinating agency or State infrastructure provider is 18 giving a regulated State infrastructure charges notice; 19 any amount relating to infrastructure that has been paid, or is 20 payable, under the agreement must be taken into account. 21 (4) In this section-- 22 rezoning approval means an approval-- 23 (a) given under the repealed LGP&E Act, section 4.4(5); or 24 (b) decided under the repealed LGP&E Act, section 25 2.19(3). 26 857 Development control plans under repealed LGP&E Act 27 (1) This section applies to a development control plan if-- 28 (a) the plan is included in an existing planning scheme 29 under repealed IPA, section 6.1.45A; and 30 Page 559

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 857] (b) a statement in the existing planning scheme identifies 1 the area of a development control plan included in the 2 scheme. 3 (2) The repealed LGP&E Act and the transitional planning 4 scheme and any transitional planning scheme policies under 5 repealed IPA continue to apply to the extent necessary to 6 administer the development control plan. 7 (3) Repealed IPA, sections 6.1.28 to 6.1.30 apply for assessing 8 development applications in the development control plan 9 area. 10 (4) The development control plan may include or refer to codes or 11 other measures of the planning scheme. 12 (5) To the extent the development control plan includes a process 13 for making and approving plans, however called, with which 14 development must comply in addition to, or instead of, the 15 planning scheme or provides for appeals against decisions 16 under the plan-- 17 (a) the development control plan is, and always has been, 18 valid; and 19 (b) development under the development control plan must 20 comply with the plans in the way stated in the 21 development control plan; and 22 (c) if the development control plan states that an appeal 23 may be made, and an appeal is made, the appeal is 24 validly made. 25 (6) If the development control plan is changed after the 26 commencement in a way that, if repealed IPA and this Act 27 had not commenced, would have given rise to a claim for 28 compensation under the repealed LGP&E Act, the 29 compensation may be claimed as if repealed IPA and this Act 30 had not commenced. 31 (7) Subsection (5) applies even if the process mentioned in the 32 subsection is inconsistent with chapter 6 or a guideline made 33 under section 117(1). 34 Page 560

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 858] (8) Subsection (9) also applies to a transitional planning scheme 1 under repealed IPA that includes the development control 2 plan. 3 (9) The transitional planning scheme or the development control 4 plan may be amended under-- 5 (a) the provisions of this Act relating to the process for 6 amending a planning scheme; or 7 (b) a process mentioned in subsection (5) to the extent 8 stated in the development control plan. 9 (10) A transitional planning scheme policy mentioned in 10 subsection (2) may be amended under-- 11 (a) the provisions of this Act relating to the process for 12 amending a planning scheme policy; or 13 (b) a process mentioned in subsection (5) to the extent 14 stated in the development control plan. 15 (11) If the development control plan is amended under subsection 16 (9), subsections (5) and (6) continue to apply to the plan. 17 858 Transition of validated planning documents to 18 master planning documents 19 (1) This section applies to a development control plan, 20 transitional planning scheme, transitional planning scheme 21 policy or other plan (the validated planning document) to 22 which section 857 applies. 23 (2) A State planning regulatory provision (the transitional 24 regulatory provision) may provide for-- 25 (a) the transition of the validated planning document to a 26 structure plan for a declared master planned area, and a 27 master plan or master plans for the area; and 28 (b) any other matter related to the transition. 29 (3) Without limiting subsection (2), the transitional regulatory 30 provision may provide for all or any of the following-- 31 Page 561

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 859] (a) the identification of the master planned area for the 1 structure plan; 2 (b) how the structure plan is made; 3 (c) how master plans for the identified master planned area 4 are made, with or without approval; 5 (d) infrastructure agreements relating to the identified 6 master planned area. 7 (4) If the transition mentioned in subsection (2)(a) is made under 8 the transitional regulatory provision-- 9 (a) the validated planning document ceases to have effect to 10 the extent provided for under the provision; and 11 (b) section 857 ceases to apply for the validated planning 12 document. 13 (5) This section applies despite chapter 2, part 2, chapter 4 and 14 section 857 to the extent provided for under the transitional 15 regulatory provision. 16 (6) However, on the making of the transition, this Act applies to 17 the structure plan, the master planned area and any master 18 plan made under the transitional regulatory provision as if 19 they had been made under chapter 4. 20 (7) Section 66(2) and (3) applies to a transitional regulatory 21 provision. 22 859 Local Government (Robina Central Planning Agreement) 23 Act 1992 24 Despite the repeal of the repealed LGP&E Act, the Local 25 Government (Robina Central Planning Agreement) Act 1992 26 applies as if the repealed LGP&E Act had not been repealed. 27 Page 562

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 860] 860 Town planning certificates may be used as evidence 1 In a proceeding, a town planning certificate issued under the 2 repealed LGP&E Act is evidence of the matters contained in 3 the certificate. 4 861 Orders in council about particular land 5 (1) This section applies to-- 6 (a) any orders in council made under the repealed Local 7 Government Act 1936, section 33(22A) or the repealed 8 City of Brisbane Town Planning Act 1964, section 9 7A(8), to the extent the orders are still in force 10 immediately before the commencement; and 11 (b) all orders in council made under the repealed LGP&E 12 Act, section 2.21(2)(c). 13 (2) To remove any doubt, it is declared that all orders mentioned 14 in subsection (1) and still in force immediately before the 15 commencement continue in force as if the orders were 16 regulations made under this Act. 17 (3) Any development lawfully undertaken on premises to which 18 an order in council mentioned in subsection (1) applied while 19 the premises were owned by the State is and always has been 20 lawful development, and any use of the premises that is a 21 natural and ordinary consequence of the development is a 22 lawful use. 23 (4) Subsection (3) applies even though the premises may no 24 longer be owned by the State. 25 862 Application of repealed IPA, s 6.1.54 26 To remove any doubt, it is declared that, for dealing with and 27 deciding an existing application, repealed IPA, section 6.1.54 28 continues to apply as if that Act had not been repealed. 29 Page 563

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 863] 863 Provision for infrastructure charges plans 1 (1) This section applies to an infrastructure charges plan 2 continued in effect as if it were an infrastructure charges 3 schedule under repealed IPA, section 6.2.5. 4 (2) A reference in the planning scheme or the infrastructure 5 charges plan to-- 6 (a) the infrastructure charges plan is taken to be a reference 7 to an infrastructure charges schedule; and 8 (b) infrastructure identified in the plan is taken to be a 9 reference to trunk infrastructure. 10 (3) For section 650, an assumption about the type, scale, location 11 or timing of future development on which the plan is based 12 has effect as if the assumption were stated in a priority 13 infrastructure plan. 14 (4) If an infrastructure charges plan mentioned in subsection (1) 15 includes public parks infrastructure-- 16 (a) the infrastructure is taken to have been validly included 17 in the plan; and 18 (b) any infrastructure charge levied under the plan is taken 19 to have been validly levied. 20 Division 11 Provisions for SEQ regional plan 21 864 Definitions for div 11 22 In this division-- 23 former, for a provision mentioned in this division, means the 24 provision to which the reference relates is a provision of 25 repealed IPA as in force before 21 September 2007. 26 SEQ region means the area, including the area of any 27 Queensland waters, that comprised the SEQ region under 28 former section 2.5A.2 immediately before 11 September 29 2007. 30 Page 564

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 865] SEQ regional plan means the instrument made by the 1 regional planning Minister under former section 2.5A.15(2) in 2 existence under repealed IPA immediately before 11 3 September 2007. 4 SEQ regional plan structure plan means a structure plan 5 under former section 2.5A.20(5). 6 865 References in SEQ regional plan and regulatory 7 provisions 8 (1) This section applies to a reference in the SEQ regional plan or 9 the regulatory provisions to a structure plan. 10 (2) For this Act a reference to a structure plan is taken to be a 11 reference to an SEQ regional plan structure plan. 12 (3) In this section-- 13 regulatory provisions means the regulatory provisions under 14 former section 2.5A.12. 15 866 Structure plan 16 (1) This section applies to a local government whose local 17 government area is in the SEQ region if-- 18 (a) the local government has resolved to prepare an SEQ 19 regional plan structure plan-- 20 (i) before 21 September 2007; or 21 (ii) if the regional planning Minister for the SEQ 22 region and the Minister approve the preparation of 23 the plan--after 21 September 2007; and 24 (b) the local government has prepared the plan; and 25 (c) the regional planning Minister has approved the plan; 26 and 27 (d) on the commencement, the local government has not 28 started the process under repealed IPA to amend its 29 planning scheme to include the plan. 30 Page 565

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 867] (2) Despite any provision of a guideline made under section 1 117(1), the Minister must advise the local government that it 2 may-- 3 (a) adopt the plan as an amendment of its planning scheme; 4 or 5 (b) adopt the plan as an amendment of its planning scheme, 6 but subject to compliance with conditions the Minister 7 may impose about the content of the proposed 8 amendment of its planning scheme. 9 (3) If the local government adopts the plan as an amendment of 10 its planning scheme, section 706(1)(j) applies to the 11 amendment as if it were about a matter comprising a structure 12 plan for a declared master planned area. 13 Division 12 Miscellaneous 14 867 Provision for particular development applications--local 15 heritage places 16 (1) Subsection (2) applies to an existing application that-- 17 (a) was made before 31 March 2008 (whether or not the 18 application was decided before 31 March 2008); and 19 (b) was a properly made application. 20 (2) For dealing with and deciding the application, repealed IPA, 21 schedule 8, part 1, table 5, item 2A as in force on or after 31 22 March 2008 does not apply to the application. 23 (3) Subsection (4) applies to an existing application that-- 24 (a) was made after 30 March 2008 and before 11 December 25 2008 (whether or not the application was decided before 26 that day); and 27 (b) was a properly made application. 28 Page 566

 


 

Sustainable Planning Bill 2009 Chapter 10 Repeal and transitional provisions Part 2 Transitional provisions [s 868] (4) For dealing with and deciding the application, repealed IPA, 1 schedule 8, part 1, table 5, item 2A as in force on or after 11 2 December 2008 applies to the application. 3 (5) Subsection (2) applies despite repealed IPA, section 1.4.8. 4 868 Particular activities not a material change of use 5 Section 10(1), definition material change of use, paragraph (e) 6 does not apply to an activity carried out as part of-- 7 (a) the project for the North-South Bypass Tunnel for which 8 a development approval, held by the Brisbane City 9 Council, was in force immediately before 1 January 10 2009; or 11 (b) the project for the Airport Link Tunnel Project for which 12 a development approval, held by BrisConnections, was 13 in force immediately before 1 January 2009. 14 869 Deferment of application of s 578 to particular material 15 changes of use 16 (1) Section 578 does not apply to the carrying out of a material 17 change of use of premises mentioned in section 10(1), 18 definition material change of use, paragraph (d), until 1 year 19 after the commencement of that paragraph. 20 (2) Section 578 does not apply to the carrying out of a material 21 change of use of premises mentioned in section 10(1), 22 definition material change of use, paragraph (e), until 1 year 23 after the day the activity becomes an environmentally relevant 24 activity. 25 870 References to repealed IPA 26 (1) A reference in another Act or document to the Integrated 27 Planning Act 1997 may, if the context permits, be taken as a 28 reference to this Act. 29 Page 567

 


 

Sustainable Planning Bill 2009 Chapter 11 Amendments of Acts Part 2 Transitional provisions [s 871] (2) A reference in another Act or document to a particular 1 provision of repealed IPA (the repealed provision) may, if the 2 context permits, be taken as a reference to any provision of 3 this Act, or a regulation made under this Act, all or part of 4 which corresponds, or substantially corresponds, to the 5 repealed provision. 6 (3) This section is subject to the other provisions of this part. 7 871 Transitional regulation-making power 8 (1) A regulation (a transitional regulation) may make provision 9 about a matter for which-- 10 (a) it is necessary to make provision to allow or facilitate 11 the doing of anything to achieve the transition from 12 repealed IPA to this Act; and 13 (b) this Act does not make provision or sufficient provision. 14 (2) A transitional regulation may have retrospective operation to a 15 day that is not earlier than the commencement. 16 (3) A transitional regulation must declare it is a transitional 17 regulation. 18 (4) This section and any transitional regulation expire 5 years 19 after the commencement. 20 Chapter 11 Amendments of Acts 21 872 Acts amended in sch 2 22 Schedule 2 amends the Acts it mentions. 23 Page 568

 


 

Sustainable Planning Bill 2009 Schedule 1 Schedule 1 Prohibited development 1 schedule 3, definition prohibited development, paragraph (1) 2 For agricultural or animal husbandry activities in a wild river area 1 Development that is-- (a) a material change of use of premises in a wild river area if the proposed use is for agricultural activities or animal husbandry activities, to the extent the development is-- (i) in a wild river high preservation area; or (ii) in a wild river preservation area in relation to the production of a high risk species; or (b) operational work for agricultural activities or animal husbandry activities in a wild river area, if the operations are assessable development prescribed under section 232(1), to the extent the development is-- (i) in a wild river high preservation area; or (ii) in a wild river preservation area in relation to the production of a high risk species. Page 569

 


 

Sustainable Planning Bill 2009 Schedule 1 For development on land to which property development plan applies 2 Development that is-- (a) assessable development prescribed under section 232(1) that is-- (i) building work in a declared fish habitat area; or (ii) a material change of use of premises for an environmentally relevant activity or aquaculture; or (iii) a material change of use of premises in a wild river area if the proposed use is for agricultural activities or animal husbandry activities; or (iv) operational work that is the clearing of native vegetation; or (v) operational work that is or allows the taking of, or interfering with, water; or (vi) operational work that is tidal works; or (vii) operational work that is completely or partly within a coastal management district or a declared fish habitat area; or (viii)operational work that is the constructing or raising of a waterway barrier works; or (ix) operational work that is the removal, destruction or damage of a marine plant; or (x) operational work for agricultural activities or animal husbandry activities in a wild river area; or (xi) the removal of quarry material from a watercourse or lake as defined under the Water Act 2000, if an allocation notice is required under that Act; or (xii) an environmentally relevant activity, other than a mining activity or a chapter 5A activity, for which a code of environmental compliance has been approved or made under a regulation under the Environmental Protection Act, carried out in a wild river area; and (b) on land to which a property development plan under the Wild Rivers Act 2005 applies; and (c) inconsistent with the property development plan. Page 570

 


 

Sustainable Planning Bill 2009 Schedule 1 For clearing native vegetation 3 Assessable development prescribed under section 232(1) that-- (a) is operational work that is the clearing of native vegetation; and (b) is not for a relevant purpose under the Vegetation Management Act, section 22A. For tidal work or work within a coastal management district in a wild river area 4 Assessable development prescribed under section 232(1) that-- (a) is in a wild river area; and (b) is operational work for tidal works or works completely or partly within a coastal management district, other than operational work for specified works. For a brothel 5 Development that is a material change of use for a brothel if-- (a) more than 5 rooms in the proposed brothel are to be used for providing prostitution; or (b) any land the subject of the development-- (i) is in, or within 200m of the closest point on any boundary of, a primarily residential area or an area approved for residential development or intended to be residential in character; or (ii) is within 200m of the closest point on any boundary of land on which there is a residential building, place of worship, hospital, school, kindergarten, or any other facility or place regularly frequented by children for recreational or cultural activities; measured according to the shortest route a person may reasonably and lawfully take, by vehicle or on foot, between the land the subject of the development and the other land; or (c) any land the subject of the development is within 100m of the closest point on any boundary of land on which there is a residential building, place of worship, hospital, school, kindergarten, or any other facility or place regularly frequented by children for recreational or cultural activities, measured in a straight line; or (d) for land the subject of the development that is in a town with a population of less than 25000-- (i) the local government for the local government area has required that all material changes of use for such development within the area be prohibited; and (ii) the Minister has agreed that the development should be prohibited. Page 571

 


 

Sustainable Planning Bill 2009 Schedule 1 Aquaculture, or constructing or raising waterway barrier works, in wild river high preservation area 6 The following assessable development prescribed under section 232(1), to the extent it is development in a wild river high preservation area-- (a) a material change of use of premises for aquaculture; (b) operational work that is the constructing or raising of a waterway barrier works. For removal, destruction or damage of marine plants in a wild river area 7 Operational work that is assessable development prescribed under section 232(1) and the removal, destruction or damage of a marine plant, to the extent it involves operational work in a wild river area, other than operational work-- (a) for specified works in the area; or (b) that is a necessary and unavoidable part of installing or maintaining works or infrastructure required to support other development for which a development permit or compliance permit is not required or, if a development application or a request for compliance assessment is required, the permit is held or has been applied for. For declared fish habitat area in wild river high preservation area 8 The following assessable development prescribed under section 232(1), to the extent it is development in a wild river high preservation area, other than development for specified works-- (a) building work in a declared fish habitat area; (b) operational work completely or partly within a declared fish habitat area. For an environmentally relevant activity in a wild river area 9 Development that is-- (a) an environmentally relevant activity, or a material change of use of premises for an environmentally relevant activity; and (b) assessable development prescribed under section 232(1); to the extent it involves development in waters in a wild river area that is for an extraction ERA, other than if the development application is accompanied by an allocation notice. Page 572

 


 

Sustainable Planning Bill 2009 Schedule 1 10 Development that is assessable development prescribed under section 232(1) and an environmentally relevant activity, or a material change of use of premises for an environmentally relevant activity, to the extent it involves development in a wild river high preservation area, other than for the following-- (a) a sewage ERA as defined under the Environmental Protection Act, section 73AA(4); (b) a water treatment ERA as defined under the Environmental Protection Act, section 73AA(4); (c) a dredging ERA; (d) an extraction ERA, if the activity is a low impact activity carried out outside waters and is for specified works, or residential complexes, in the area; (e) a screening ERA, if the activity is carried out outside waters and is for specified works, or residential complexes, in the area; (f) a crude oil or petroleum product storage ERA, if the activity is for residential complexes in the area and is carried out outside a designated urban area; (g) an exempt environmentally relevant activity, as defined under the Environmental Protection Act, section 73AA(4), in a designated urban area. For an environmentally relevant activity in a floodplain management area 11 Development that is-- (a) assessable development prescribed under section 232(1); and (b) an environmentally relevant activity, or a material change of use of premises for an environmentally relevant activity that is an extraction ERA, in a wild river floodplain management area, other than an environmentally relevant activity that is-- (i) a low impact activity carried out outside waters; and (ii) for specified works, or residential complexes, in the area. Page 573

 


 

Sustainable Planning Bill 2009 Schedule 1 For taking or interfering with water 12 Development that is operational work that is or allows the taking of, or interfering with, water under the Water Act 2000 and is assessable development prescribed under section 232(1), to the extent the development is-- (a) operational work in a wild river high preservation area that interferes with the flow of water in a watercourse, lake or spring, as defined under the Water Act 2000, in the wild river high preservation area; or (b) operational work in a wild river preservation area that interferes with the flow of water in a nominated waterway, as defined under the Wild Rivers Act 2005, and is not a dam or weir, as defined under the Water Act 2000; or (c) operational work in a wild river high preservation area that takes overland flow water, other than works stated in a wild river declaration for the area to be assessable development for which a development application may be made; or (d) operational work that interferes with overland flow water in a wild river floodplain management area, if the operations are declared under the Water Act 2000 or the wild river declaration for the area to be assessable development, other than operational work-- (i) for specified works in the area; or (ii) stated in the wild river declaration for the area to be assessable development for which a development application may be made. 1 Page 574

 


 

Sustainable Planning Bill 2009 Schedule 2 Schedule 2 Acts amended 1 section 872 2 Aboriginal Cultural Heritage Act 2003 3 1 Section 89, heading, `IPA'-- 4 omit, insert-- 5 `Planning Act'. 6 2 Section 89(1) and (2), `IPA'-- 7 omit, insert-- 8 `the Planning Act'. 9 3 Section 89-- 10 insert-- 11 `(3) In this section-- 12 Planning Act means the Sustainable Planning Act 2009.'. 13 4 Schedule 2, definition IPA-- 14 omit. 15 Airport Assets (Restructuring and Disposal) Act 2008 16 1 Section 48-- 17 omit, insert-- 18 Page 575

 


 

Sustainable Planning Bill 2009 Schedule 2 `48 Airport land not subject to local planning instrument 1 `(1) Airport land is not subject to a local planning instrument 2 under the Planning Act. 3 `(2) Subsection (1) has effect despite the Planning Act, chapter 3.'. 4 2 Section 49(1), `or assessable development'-- 5 omit, insert-- 6 `, development requiring compliance assessment or assessable 7 development'. 8 3 Section 49(2)(b)-- 9 omit, insert-- 10 `(b) self-assessable development prescribed under the 11 Planning Act, section 232(1).'. 12 4 Section 49(3), from `schedule 9'-- 13 omit, insert-- 14 `prescribed development is self-assessable development, 15 development requiring compliance assessment or assessable 16 development under the Planning Act.'. 17 5 Section 49(4), `Schedule 9'-- 18 omit, insert-- 19 `Prescribed'. 20 6 Section 49(5) and (6)-- 21 omit, insert-- 22 `(5) Self-assessable development prescribed under the Planning 23 Act, section 232(1) is self-assessable development for the land 24 use plan. 25 `(6) In this section-- 26 Page 576

 


 

Sustainable Planning Bill 2009 Schedule 2 prescribed development means development that, under a 1 regulation under the Planning Act, section 232(2), is exempt 2 from assessment against a planning scheme.'. 3 7 Section 51(2), `the reconfiguration of a lot'-- 4 omit, insert-- 5 `reconfiguring a lot'. 6 8 Section 52(1), `section 5.5.1'-- 7 omit, insert-- 8 `section 714'. 9 9 Section 52(2), `chapter 5, part 4'-- 10 omit, insert-- 11 `chapter 9, part 3'. 12 10 Section 53, heading, `ch 5, pt 7, div 3'-- 13 omit, insert-- 14 `ch 9, pt 6, div 4'. 15 11 Section 53(1), `chapter 5, part 7, division 3'-- 16 omit, insert-- 17 `chapter 9, part 6, division 4'. 18 12 Section 53(3), `sections 5.7.9 to 5.7.13'-- 19 omit, insert-- 20 `sections 738 to 742'. 21 Page 577

 


 

Sustainable Planning Bill 2009 Schedule 2 13 Section 53(3)(b) and (c), `section 5.7.9(a)'-- 1 omit, insert-- 2 `section 738(a)'. 3 14 Section 53(3)(d), `section 5.7.10(1)(d)'-- 4 omit, insert-- 5 `section 739(g)'. 6 15 Section 53(3)(e), `section 5.7.10(1)(e)'-- 7 omit, insert-- 8 `section 739(h)'. 9 16 Section 53(3)(f), `section 5.7.10(1)(j)'-- 10 omit, insert-- 11 `section 739(n)'. 12 17 Section 53(3)(g), `section 5.7.10(1)(i)'-- 13 omit, insert-- 14 `section 739(m)'. 15 18 Section 54(1), `schedule 8'-- 16 omit, insert-- 17 `section 232(1)'. 18 19 Section 54(2)-- 19 omit, insert-- 20 `(2) Subsection (1) applies to development on the local heritage 21 place whether or not it became a local heritage place before or 22 after the completion day for the airport lessee's airport.'. 23 Page 578

 


 

Sustainable Planning Bill 2009 Schedule 2 20 Section 55(1) and (2), `chapter 2, part 6'-- 1 omit, insert-- 2 `chapter 5'. 3 21 Section 55(3), `section 2.6.5'-- 4 omit, insert-- 5 `section 203'. 6 22 Section 55(4)-- 7 omit, insert-- 8 `(4) In this section-- 9 community infrastructure see the Planning Act, schedule 3.'. 10 23 Section 61, heading, `Minor amendment'-- 11 omit, insert-- 12 `Amendment'. 13 24 Section 61(3)-- 14 omit, insert-- 15 `(3) A requirement of a guideline made under the Planning Act, 16 section 117(1) about any of the following matters does not 17 apply in relation to a change mentioned in subsection (2)-- 18 (a) a requirement for public notification of the proposed 19 change; 20 (b) a requirement to carry out public consultation in relation 21 to the proposed change; 22 (c) a requirement for approval of the proposed change by 23 the Minister administering the Planning Act.'. 24 Page 579

 


 

Sustainable Planning Bill 2009 Schedule 2 25 After chapter 6, part 2, heading-- 1 insert-- 2 `Division 1 Provisions for Act No. 46 of 2008'. 3 26 Section 108, heading, `pt 2'-- 4 omit, insert-- 5 `div 1'. 6 27 Section 108, `part'-- 7 omit, insert-- 8 `division'. 9 28 Section 114(10)-- 10 insert-- 11 `development application means a development application under 12 the repealed Integrated Planning Act 1997. 13 Planning Act means the repealed Integrated Planning Act 1997.'. 14 29 After section 114-- 15 insert-- 16 `Division 2 Provisions for Sustainable Planning 17 Act 2009 18 `115 Definitions for div 2 19 `In this division-- 20 commencement means the day on which the provision in 21 which the term is used commences. 22 repealed IPA means the repealed Integrated Planning Act 23 1997. 24 Page 580

 


 

Sustainable Planning Bill 2009 Schedule 2 `116 Continuing application of unamended Act 1 `(1) This section applies to a development application made but 2 not decided under repealed IPA before the commencement. 3 `(2) This Act as in force before the commencement continues to 4 apply to the development application as if the Sustainable 5 Planning Act 2009 had not commenced. 6 `117 Minor amendment of planning scheme under repealed 7 IPA 8 `(1) This section applies to an amendment of a local government's 9 planning scheme required to be made under section 61(2) if 10 before the commencement the local government has started 11 the process under repealed IPA for making the amendment but 12 has not made the amendment on the commencement. 13 `(2) For the purposes of repealed IPA, the amendment is taken to 14 continue to be a minor amendment of the planning scheme. 15 `118 Provision for code assessable development under land 16 use plan 17 `(1) This section applies-- 18 (a) to development on airport land requiring code 19 assessment; and 20 (b) until the first land use plan for the airport land is 21 replaced or amended under section 33. 22 `(2) For assessing a development application for the development 23 under the Planning Act-- 24 (a) the Planning Act, section 326 does not apply; but 25 (b) repealed IPA, section 3.5.13 continues to apply as if the 26 Planning Act had not commenced. 27 `(3) For applying repealed IPA, section 3.5.13, a code or planning 28 instrument mentioned in that section includes a code or 29 planning instrument that takes effect after the 30 commencement.'. 31 Page 581

 


 

Sustainable Planning Bill 2009 Schedule 2 30 Schedule 2, paragraph (c)(x), `Integrated Planning Act 1 1997'-- 2 omit, insert-- 3 `Planning Act'. 4 31 Schedule 3, definition Planning Act, `Integrated Planning 5 Act 1997'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009'. 8 32 Schedule 3, definition planning Minister, `Integrated 9 Planning Act 1997'-- 10 omit, insert-- 11 `Planning Act'. 12 33 Schedule 3, definition State interest, `schedule 10'-- 13 omit, insert-- 14 `schedule 3'. 15 Body Corporate and Community Management Act 16 1997 17 1 Sections 60(4)(a), (4)(b)(i) and (7)(a) and 313(1), 18 `Integrated Planning Act 1997'-- 19 omit, insert-- 20 `Sustainable Planning Act 2009'. 21 Page 582

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Section 60(8)(b), `Integrated Planning Act 1997, chapter 4, 1 part 1, divisions 10 to 12'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009, chapter 7, part 1, divisions 11 to 4 13'. 5 3 Section 60(9), definition planning instrument, paragraph 6 (a)(i), `Integrated Planning Act 1997'-- 7 omit, insert-- 8 `Sustainable Planning Act 2009'. 9 4 Schedule 6, definition development approval, paragraph 10 (a), `Integrated Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 Brisbane Forest Park Act 1977 14 1 Section 86-- 15 omit. 16 Building Act 1975 17 1 Sections 3(1) and (2), 6, 25(2)(c)(i), 31(1), 32(2), 46(1), 18 48(1)(c) and (6)(a), 54(b), 62(1), 69(3), 83(1)(a), (b) and (d), 19 84(2)(a), 85, 90(2), 127(2)(b) and (d), 136(2)(b) and (d), 20 250(1) and schedule 2, definitions advice agency, another 21 relevant Act, concurrence agency, information notice, 22 properly made application and referral agency, `IPA'-- 23 Page 583

 


 

Sustainable Planning Bill 2009 Schedule 2 omit, insert-- 1 `the Planning Act'. 2 2 Section 11(1), `as defined under IPA, section 3.1.7'-- 3 omit, insert-- 4 `under the Planning Act, section 246(1)'. 5 3 Sections 18, 20, 21 and 22, heading, `IPA'-- 6 omit, insert-- 7 `the Planning Act'. 8 4 Section 18(b), `IPA, schedule 8A'-- 9 omit, insert-- 10 `the Planning Act'. 11 5 Chapter 2, heading, note 1, `IPA, sections 3.1.4 and 12 4.3.1'-- 13 omit, insert-- 14 `the Planning Act, chapter 6, part 1, division 2 and section 578'. 15 6 Chapter 2, heading, note 2-- 16 omit. 17 7 Chapter 2, heading, note 3, `IPA, chapter 3'-- 18 omit, insert-- 19 `the Planning Act, chapter 6'. 20 8 Chapter 2, heading, note 3 as amended and note 4-- 21 renumber as notes 2 and 3. 22 Page 584

 


 

Sustainable Planning Bill 2009 Schedule 2 9 Section 20(c)-- 1 omit. 2 10 Section 21(1) and (2)-- 3 renumber as section 21(2) and (3). 4 11 Section 21(2), as renumbered, `IPA, schedule 8, part 2, 5 table 1'-- 6 omit, insert-- 7 `the Planning Act'. 8 12 Section 21(3), as renumbered, `Subsection (1)'-- 9 omit, insert-- 10 `Subsection (2)'. 11 13 Section 21-- 12 insert-- 13 `(1) Subsection (2) applies to the extent a regulation made under 14 the Planning Act, section 232(1) prescribes that, for assessing 15 building work under this Act, this Act may declare building 16 work to be self-assessable development.'. 17 14 Section 22, `IPA, schedule 8, part 1, table 1, item 1 and 18 part 2, table 1, item 1'-- 19 omit, insert-- 20 `the Planning Act'. 21 15 Chapter 3, heading, note, `IPA, section 3.2.1'-- 22 omit, insert-- 23 `the Planning Act, sections 260 to 264'. 24 Page 585

 


 

Sustainable Planning Bill 2009 Schedule 2 16 Section 23, `IPA, section 3.2.1(2)(b),'-- 1 omit, insert-- 2 `the Planning Act'. 3 17 Section 31(3), `IPA, section 3.1.3(4)'-- 4 omit, insert-- 5 `the Planning Act, section 233(6)'. 6 18 After section 34-- 7 insert-- 8 `34A Decision for building development application that 9 complies with building assessment provisions 10 `(1) This section applies subject to section 83 and the Planning 11 Act, chapter 6. 12 `(2) If the assessment manager for a building application is 13 satisfied the application complies with the building 14 assessment provisions, the assessment manager must approve 15 the application.'. 16 19 Section 43, note, `IPA, section 4.2.12A'-- 17 omit, insert-- 18 `the Planning Act, section 532'. 19 20 Section 46(5), note 1, `see IPA Regulation, schedule 2, 20 table 1'-- 21 omit, insert-- 22 `see the regulation made under the Planning Act, sections 250 and 23 254'. 24 21 Section 46(5), note 2, `IPA, see IPA, sections 3.1.8, 3.2.15 25 to 3.3.18 and 3.5.11'-- 26 omit, insert-- 27 Page 586

 


 

Sustainable Planning Bill 2009 Schedule 2 `the Planning Act, see the Planning Act, sections 254, 282, 287, 1 288, 290 and 325'. 2 22 Section 48(1)(b), `IPA, section 3.1.7'-- 3 omit, insert-- 4 `the Planning Act, section 246(1)'. 5 23 Section 48(2) and (5), `IPA, chapter 4'-- 6 omit, insert-- 7 `the Planning Act, chapter 7'. 8 24 Section 51(5), definition nominated owner, `IPA, section 9 3.2.1(2)'-- 10 omit, insert-- 11 `the Planning Act, section 260(2)'. 12 25 Section 59(2), `desired environmental'-- 13 omit, insert-- 14 `strategic'. 15 26 Section 59(2), `scheme.' and footnote-- 16 omit, insert-- 17 `scheme.'. 18 27 Section 62(2), `IPA, section 3.5.4(2)(b) or 3.5.5(2)(a)'-- 19 omit, insert-- 20 `the Planning Act, section 313(3)(a) or 314(3)(a)'. 21 Page 587

 


 

Sustainable Planning Bill 2009 Schedule 2 28 Section 62(2), note 1, `see IPA Regulation, schedule 2, 1 table 1'-- 2 omit, insert-- 3 `see the regulation made under the Planning Act, sections 250 and 4 254'. 5 29 Section 62(2), note 2, `IPA, see IPA, sections 3.1.8, 3.3.15 6 to 3.3.1 and 3.5.11'-- 7 omit, insert-- 8 `the Planning Act, see the Planning Act, sections 254, 282 and 9 292'. 10 30 Chapter 4, part 5, heading, note, `IPA, chapter 3'-- 11 omit, insert-- 12 `the Planning Act, chapter 6'. 13 31 Section 69(4)(b), `IPA, section 3.5.30'-- 14 omit, insert-- 15 `the Planning Act, section 345'. 16 32 Section 69(5), `IPA, sections 3.5.33 and 3.5.33A'-- 17 omit, insert-- 18 `The Planning Act, chapter 6, part 8, division 2 and section 378'. 19 33 Section 83(1)(a), after `permits'-- 20 insert-- 21 `and SPA compliance permits'. 22 Page 588

 


 

Sustainable Planning Bill 2009 Schedule 2 34 Section 83(1)(a), example, after `permits'-- 1 insert-- 2 `and SPA compliance permits'. 3 35 Section 84(1)(a), after `government'-- 4 insert-- 5 `or an SPA compliance permit'. 6 36 Section 84(1)(b) and (c), after `approval'-- 7 insert-- 8 `or permit'. 9 37 Section 86(2), note, `IPA, section 5.7.4, the local 10 government'-- 11 omit, insert-- 12 `the Planning Act, section 729, the assessment manager'. 13 38 Sections 90, 96 and 97, headings, `IPA, s 3.5.21'-- 14 omit, insert-- 15 `the Planning Act, s 341'. 16 39 Section 90(1), `For IPA'-- 17 omit, insert-- 18 `For the Planning Act'. 19 40 Sections 90(1) and 91(1), `IPA, section 3.5.21'-- 20 omit, insert-- 21 `the Planning Act, section 341'. 22 Page 589

 


 

Sustainable Planning Bill 2009 Schedule 2 41 Section 94(2), note, `IPA, chapter 3, part 5, divisions 5 and 1 6'-- 2 omit, insert-- 3 `the Planning Act, chapter 6, part 5, divisions 5 and 6 and part 8, 4 divisions 2 to 5'. 5 42 Section 95(1), `IPA, chapter 3'-- 6 omit, insert-- 7 `the Planning Act, chapter 6'. 8 43 Sections 95(3)(b)(iv) and 97(1), `under IPA, the relevant 9 period under IPA, section 3.5.21'-- 10 omit, insert-- 11 `under the Planning Act, the relevant period under the Planning 12 Act, section 341'. 13 44 Section 96(1)(b), `under IPA to extend the relevant period 14 under IPA, section 3.5.21'-- 15 omit, insert-- 16 `under the Planning Act to extend the relevant period under the 17 Planning Act, section 341'. 18 45 Section 97(3), `IPA chapter 3'-- 19 omit, insert-- 20 `the Planning Act, chapter 6'. 21 46 Section 99(1), note, `tribunal'-- 22 omit, insert-- 23 `dispute resolution committee'. 24 Page 590

 


 

Sustainable Planning Bill 2009 Schedule 2 47 Section 99(1), note, `IPA, section 4.2.12A'-- 1 omit, insert-- 2 `the Planning Act, section 532'. 3 48 Section 102(3), note 1, `tribunal'-- 4 omit, insert-- 5 `dispute resolution committee'. 6 49 Section 102(3), note 1, `IPA, section 4.2.12A'-- 7 omit, insert-- 8 `the Planning Act, section 532'. 9 50 Section 107(2)(b), `IPA, section 3.5.15(5)'-- 10 omit, insert-- 11 `the Planning Act, section 336(b)'. 12 51 Section 122, note, `IPA, chapter 3'-- 13 omit, insert-- 14 `the Planning Act, chapter 6'. 15 52 Sections 131, 243(b) and 259, `IPA, chapter 5, part 7'-- 16 omit, insert-- 17 `the Planning Act, chapter 9, part 6'. 18 53 Section 204(4)(e)-- 19 insert-- 20 `(iv) for development or work requiring compliance 21 assessment under the Planning Act that relates to 22 the building work--is not inconsistent with an SPA 23 Page 591

 


 

Sustainable Planning Bill 2009 Schedule 2 compliance permit or SPA compliance certificate 1 for the development or work;'. 2 54 Section 204(9), definition assessable development, `IPA, 3 schedule 10'-- 4 omit, insert-- 5 `the Planning Act, schedule 3'. 6 55 Section 221(5), note, `tribunal'-- 7 omit, insert-- 8 `dispute resolution committee'. 9 56 Section 221(5), note, `IPA, section 4.2.12A'-- 10 omit, insert-- 11 `the Planning Act, section 532'. 12 57 Section 223(a), `tribunal'-- 13 omit, insert-- 14 `dispute resolution committee'. 15 58 Chapter 8, heading, note, `IPA, section 4.2.12A'-- 16 omit, insert-- 17 `the Planning Act, section 532'. 18 59 Section 241(4), note, `tribunal'-- 19 omit, insert-- 20 `dispute resolution committee'. 21 Page 592

 


 

Sustainable Planning Bill 2009 Schedule 2 60 Section 241(4), note, `IPA, section 4.2.12A'-- 1 omit, insert-- 2 `the Planning Act, section 532'. 3 61 Chapter 9, heading, note, `IPA, chapter 4'-- 4 omit, insert-- 5 `the Planning Act, chapter 7'. 6 62 Section 248(5), `IPA, section 4.3.11'-- 7 omit, insert-- 8 `the Planning Act, section 590'. 9 63 Section 250(1), `tribunal'-- 10 omit, insert-- 11 `dispute resolution committee'. 12 64 Section 255-- 13 omit, insert-- 14 `255 Information to be given by the State 15 `(1) Subsection (2) applies to building work that, under a 16 regulation under the Planning Act, section 232(1), is 17 self-assessable development if carried out by or on behalf of 18 the State or a public sector entity. 19 `(2) If the building work is carried out by or on behalf of the State 20 or a public sector entity, the State must give to the local 21 government the information prescribed under a regulation.'. 22 65 Sections 264 and 265, `IPA'-- 23 omit, insert-- 24 `the repealed Integrated Planning Act 1997'. 25 Page 593

 


 

Sustainable Planning Bill 2009 Schedule 2 66 After section 284-- 1 insert-- 2 `Part 7 Transitional provision for 3 Sustainable Planning Act 2009 4 `285 Continuing application of chs 2, 3 and 4 5 `(1) This section applies to a development application made but 6 not decided under the repealed Integrated Planning Act 1997 7 before the commencement. 8 `(2) Chapters 2, 3 and 4 as in force before the commencement 9 continue to apply to the development application as if the 10 Sustainable Planning Act 2009 had not commenced. 11 `(3) In this section-- 12 commencement means the day this section commences.'. 13 67 Schedule 2, definitions building and development 14 tribunal, IPA and IPA Regulation-- 15 omit. 16 68 Schedule 2-- 17 insert-- 18 `building and development dispute resolution committee 19 means a building and development dispute resolution 20 committee established under the Planning Act, section 502. 21 Planning Act means the Sustainable Planning Act 2009. 22 SPA compliance certificate means a compliance certificate 23 under the Planning Act. 24 SPA compliance permit means a compliance permit under the 25 Planning Act.'. 26 Page 594

 


 

Sustainable Planning Bill 2009 Schedule 2 69 Schedule 2, definitions assessable development, 1 development application, development approval and 2 local planning instrument, `IPA, schedule 10'-- 3 omit, insert-- 4 `the Planning Act, schedule 3'. 5 70 Schedule 2, definition decision notice, `IPA, section 6 3.5.15'-- 7 omit, insert-- 8 `the Planning Act, section 334'. 9 71 Schedule 2, definition development permit, `IPA, section 10 3.1.5(3)'-- 11 omit, insert-- 12 `the Planning Act, section 243'. 13 72 Schedule 2, definition enforcement action, `IPA, chapter 14 4'-- 15 omit, insert-- 16 `the Planning Act, chapter 7'. 17 73 Schedule 2, definition IDAS, `IPA, chapter 3'-- 18 omit, insert-- 19 `the Planning Act, chapter 6'. 20 74 Schedule 2, definition negotiated decision notice, `IPA, 21 section 3.5.17(2)'-- 22 omit, insert-- 23 `the Planning Act, section 363(1)'. 24 Page 595

 


 

Sustainable Planning Bill 2009 Schedule 2 75 Schedule 2, definition planning scheme, `IPA, section 1 2.1.1'-- 2 omit, insert-- 3 `the Planning Act, section 79'. 4 76 Schedule 2, definition self-assessable building work, 5 `section 21(1)'-- 6 omit, insert-- 7 `section 21(2)'. 8 Building and Construction Industry (Portable Long 9 Service Leave) Act 1991 10 1 Section 67(2)(a), from `development permit' to `1997'-- 11 omit, insert-- 12 `development permit or compliance permit under the Sustainable 13 Planning Act 2009'. 14 2 Sections 74(c), 75(1)(a)(ii) and 77(1), `Integrated Planning 15 Act 1997'-- 16 omit, insert-- 17 `Sustainable Planning Act 2009'. 18 3 Section 74-- 19 insert-- 20 `(ca) if paragraph (a), (b) or (c) does not apply and a request 21 for compliance assessment under the Sustainable 22 Planning Act 2009 is made in relation to the work--the 23 person who requested the compliance assessment under 24 that Act; or'. 25 Page 596

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Section 74(d), `and (c)'-- 1 omit, insert-- 2 `, (c) and (ca)'. 3 5 Section 75(1)(a)(i), from `development permit' to `1997'-- 4 omit, insert-- 5 `development permit or compliance permit under the Sustainable 6 Planning Act 2009'. 7 6 Section 75(1)(b), `permit or'-- 8 omit, insert-- 9 `permit, compliance permit or'. 10 7 Section 77, heading, `of assessment manager'-- 11 omit. 12 8 Section 77-- 13 insert-- 14 `(1A) Also, this section applies if, under the Sustainable Planning 15 Act 2009, a request for a compliance permit for building work, 16 plumbing or drainage work or operational work as defined 17 under that Act is made to a compliance assessor.'. 18 9 Section 77(2), from `assessment manager' to `approval'-- 19 omit, insert-- 20 `assessment manager, local government or compliance assessor 21 (the relevant authority) must not give the development permit, 22 approval or compliance permit'. 23 10 Section 77(4)-- 24 omit. 25 Page 597

 


 

Sustainable Planning Bill 2009 Schedule 2 11 Section 77(5), `Subsections (2) and (4) do'-- 1 omit, insert-- 2 `Subsection (2) does'. 3 12 Section 77(5), as amended-- 4 renumber as section 77(4). 5 13 Section 77-- 6 insert-- 7 `(5) In this section-- 8 assessment manager includes a private certifier (class A).'. 9 14 Schedule, definition private certifier-- 10 omit. 11 15 Schedule-- 12 insert-- 13 `private certifier (class A) see the Sustainable Planning Act 14 2009, schedule 3.'. 15 16 Schedule, definition assessment manager, `Integrated 16 Planning Act 1997'-- 17 omit, insert-- 18 `Sustainable Planning Act 2009'. 19 Page 598

 


 

Sustainable Planning Bill 2009 Schedule 2 Cape York Peninsula Heritage Act 2007 1 1 Schedule, definition vegetation clearing application, from 2 `Integrated Planning Act 1997'-- 3 omit, insert-- 4 `Sustainable Planning Act 2009 involving assessable 5 development-- 6 (a) prescribed under section 232(1) of that Act; and 7 (b) that is operational work that is the clearing of native 8 vegetation as defined under that Act.'. 9 Century Zinc Project Act 1997 10 1 After section 21-- 11 insert-- 12 `Part 7 Transitional provision for 13 Sustainable Planning Act 2009 14 `22 Continuing application of pt 4 15 `Part 4 as in force before the commencement of this section 16 continues to apply to a development application made under 17 the repealed Integrated Planning Act 1997 before the 18 commencement.'. 19 2 Schedule 6, definition development application, 20 paragraph (a), `Integrated Planning Act 1997'-- 21 omit, insert-- 22 `Sustainable Planning Act 2009'. 23 Page 599

 


 

Sustainable Planning Bill 2009 Schedule 2 Child Care Act 2002 1 1 Section 11(1), `Integrated Planning Act 1997'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009'. 4 Coastal Protection and Management Act 1995 5 1 Section 50, heading, `Integrated Planning Act 1997'-- 6 omit, insert-- 7 `Planning Act'. 8 2 Sections 50(1), 66(1), 111(3), 124(1)(a), 126(b), 167(3) and 9 187(2), `Integrated Planning Act 1997'-- 10 omit, insert-- 11 `Planning Act'. 12 3 Section 50(2)-- 13 omit, insert-- 14 `(2) For the purpose of making or amending a planning scheme 15 under the Planning Act, a coastal plan is taken to be a State 16 planning policy. 17 `(3) Also, the following provisions of the Planning Act apply as if 18 a coastal plan were a State planning policy-- 19 (a) section 90; 20 (b) section 207. 21 Note-- 22 The Planning Act, sections 90 and 207 make provision about State 23 interests in relation to planning schemes and designation of land for 24 community infrastructure.'. 25 Page 600

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Section 53-- 1 omit. 2 5 Sections 55(1), 73(1), 77(1), 89(a), 93(1)(e), 100A(3), 3 101(1), and 124(2)(a)(i) and schedule, definitions 4 foreshore and tidal works, `high water mark'-- 5 omit, insert-- 6 `high-water mark'. 7 6 Section 100A(3)(a)-- 8 omit, insert-- 9 `(a) a development permit for-- 10 (i) a material change of use of premises that is 11 assessable development prescribed under the 12 Planning Act, section 232(1); or 13 (ii) operational work that is tidal works or work within 14 a coastal management district that is assessable 15 development prescribed under the Planning Act, 16 section 232(1); or 17 (iii) a mobile and temporary environmentally relevant 18 activity that is assessable development prescribed 19 under the Planning Act, section 232(1); or'. 20 7 Section 100A-- 21 insert-- 22 `(7) In this section-- 23 mobile and temporary environmentally relevant activity see 24 the Environmental Protection Act 1994, schedule 4.'. 25 8 Section 100B, heading, `Integrated Planning Act 1997'-- 26 omit, insert-- 27 `Planning Act'. 28 Page 601

 


 

Sustainable Planning Bill 2009 Schedule 2 9 Section 100B(1), from `dealing'-- 1 omit, insert-- 2 `for operational work that is-- 3 (a) tidal works; or 4 (b) work within a coastal management district that is 5 assessable development prescribed under the Planning 6 Act, section 232(1).'. 7 10 Section 100B(2), `Integrated Planning Act 1997, section 8 3.1.4'-- 9 omit, insert-- 10 `Planning Act, section 238'. 11 11 Section 100B(3), `Integrated Planning Act 1997, section 12 3.3.3'-- 13 omit, insert-- 14 `Planning Act, section 272'. 15 12 Section 103, note-- 16 omit, insert-- 17 `Notes-- 18 1 Under the Planning Act, section 232(1), operational work that is 19 tidal works is prescribed as assessable development. 20 2 Under chapter 7, part 3, division 1 of that Act, there are offences 21 relating to the carrying out of assessable development. 22 3 However, under section 585 of that Act, there is an exemption to the 23 development offences under sections 578, 580 and 582 of that Act 24 for the carrying out of tidal works in an emergency if the 25 requirements of section 585 are complied with.'. 26 13 Section 104(5), first mention, from `section'-- 27 omit, insert-- 28 `the Planning Act, section 282 or chapter 6, part 5, division 2.'. 29 Page 602

 


 

Sustainable Planning Bill 2009 Schedule 2 14 Section 104(5), second mention-- 1 renumber as section 104(6). 2 15 Section 104A-- 3 omit, insert-- 4 `104A Applications in relation to wild river areas 5 `(1) This section applies to a development application-- 6 (a) for operational work that is tidal works or work in a 7 coastal management district that is assessable 8 development prescribed under the Planning Act, section 9 232(1); and 10 (b) that does not involve prohibited development; and 11 (c) to the extent the application relates to operational work 12 for specified works in a wild river area; and 13 (d) despite the Planning Act, chapter 6, part 3, division 4 14 and sections 313, 314 and 326. 15 `(2) For the application, the assessment manager's and any 16 concurrence agency's decision must comply with the 17 applicable code mentioned in the wild river declaration for the 18 area. 19 `(3) In this section-- 20 prohibited development see the Planning Act, schedule 3.'. 21 16 Section 105, heading, `Integrated Planning Act 1997, ss 22 3.3.15, 3.5.4 and 3.5.5'-- 23 omit, insert-- 24 `Planning Act, ss 282, 313 and 314'. 25 17 Section 105, `Integrated Planning Act 1997, sections 26 3.3.15(1)(a), 3.5.4(3) and 3.5.5(2)(e) and (3)(e)'-- 27 omit, insert-- 28 `the Planning Act, sections 282(1)(e), 313(4) and 314(2)(c)'. 29 Page 603

 


 

Sustainable Planning Bill 2009 Schedule 2 18 Section 115(2), `Integrated Planning Act 1997, section 1 4.1.27(1)(b)'-- 2 omit, insert-- 3 `Planning Act, section 461(1)(b)'. 4 19 Section 115(3), `Integrated Planning Act 1997, section 5 3.5.30'-- 6 omit, insert-- 7 `Planning Act, section 345'. 8 20 Section 177, heading, `Integrated Planning Act 1997, ch 3, 9 pt 5, div 5'-- 10 omit, insert-- 11 `particular Planning Act provisions'. 12 21 Section 177(2)-- 13 omit, insert-- 14 `(2) The following provisions of the Planning Act apply to a 15 deemed approval-- 16 (a) chapter 6, part 5, division 5; 17 (b) chapter 6, part 8, divisions 2, 4 and 5.'. 18 22 Section 187, heading, `Integrated Planning Act 1997'-- 19 omit, insert-- 20 `Planning Act'. 21 23 Section 189(2), `Integrated Planning Act 1997, section 22 3.5.21(1)'-- 23 omit, insert-- 24 `Planning Act, section 341(1)'. 25 Page 604

 


 

Sustainable Planning Bill 2009 Schedule 2 24 Section 190-- 1 insert-- 2 `(7) Despite subsection (1), this section does not apply to a 3 deemed approval mentioned in section 177 on or after the day 4 section 193 commences.'. 5 25 After section 191-- 6 insert-- 7 `Part 5 Transitional provisions for 8 Sustainable Planning Act 2009 9 `192 Application of s 53 10 `Section 53 as in force immediately before the 11 commencement of this section continues to apply in relation 12 to a transitional planning scheme amended under the repealed 13 Integrated Planning Act 1997, section 2.3.2 before the 14 commencement because it was not consistent with a regional 15 plan. 16 `193 Responsible entity for request to change deemed 17 approval 18 `(1) This section applies to a deemed approval mentioned in 19 section 177 if the holder of the approval wishes to make a 20 permissible change to it. 21 `(2) The chief executive must decide who will be the responsible 22 entity for making the permissible change. 23 `(3) For the Planning Act, section 372(1), a copy of the request 24 seeking the permissible change must also be given to an entity 25 that would have been a concurrence agency for the deemed 26 approval. 27 `(4) Subsection (2) applies despite the Planning Act, section 369, 28 but subject to subsection (5). 29 Page 605

 


 

Sustainable Planning Bill 2009 Schedule 2 `(5) The local government may elect not to be the responsible 1 entity for making the permissible change. 2 `(6) However, if the local government decides not to be the 3 responsible entity for making the permissible change, the 4 local government is not required to be given a copy of the 5 request under the Planning Act, section 372(1). 6 `(7) In this section-- 7 permissible change see the Planning Act, section 367. 8 responsible entity, for making a permissible change, means 9 the responsible entity under the Planning Act, section 369 for 10 making the change. 11 `194 Continuing application of particular provisions 12 `(1) This section applies to a development application made but 13 not decided under the repealed Integrated Planning Act 1997 14 before the commencement. 15 `(2) The following provisions, as in force before the 16 commencement, continue to apply to the development 17 application as if the Planning Act had not commenced-- 18 (a) sections 50(1), 66, 100A(3)(a) and 100B(3); 19 (b) chapter 2, part 6. 20 `(3) In this section-- 21 commencement means the day this section commences.'. 22 26 Schedule, definitions high water mark and transitional 23 planning scheme-- 24 omit. 25 27 Schedule-- 26 insert-- 27 Page 606

 


 

Sustainable Planning Bill 2009 Schedule 2 `high-water mark means the ordinary high-water mark at 1 spring tides. 2 Planning Act means the Sustainable Planning Act 2009.'. 3 28 Schedule, definitions applicable code, preliminary 4 approval and referral agency, `Integrated Planning Act 5 1997, schedule 10'-- 6 omit, insert-- 7 `Planning Act, schedule 3'. 8 29 Schedule, definitions assessable development and 9 development permit, `Integrated Planning Act 1997, 10 schedule 10'-- 11 omit, insert-- 12 `the Planning Act, schedule 3'. 13 30 Schedule, definition assessment manager, `Integrated 14 Planning Act 1997, section 3.1.7.' and footnote-- 15 omit, insert-- 16 `the Planning Act, section 246(1).'. 17 31 Schedule, definition concurrence agency, `Integrated 18 Planning Act 1997, schedule 10.' and footnote-- 19 omit, insert-- 20 `Planning Act, schedule 3.'. 21 32 Schedule, definition currency period, `Integrated 22 Planning Act 1997, section 3.5.21'-- 23 omit, insert-- 24 `Planning Act, section 341'. 25 Page 607

 


 

Sustainable Planning Bill 2009 Schedule 2 33 Schedule, definition development, `Integrated Planning 1 Act 1997, section 1.3.2.' and footnote-- 2 omit, insert-- 3 `the Planning Act, section 7.'. 4 34 Schedule, definition development approval, `Integrated 5 Planning Act 1997, schedule 10.' and footnote-- 6 omit, insert-- 7 `the Planning Act, schedule 3.'. 8 35 Schedule, definition operational work, `Integrated 9 Planning Act 1997, section 1.3.5'-- 10 omit, insert-- 11 `Planning Act, section 10(1)'. 12 36 Schedule, definition planning scheme, `Integrated 13 Planning Act 1997, section 2.1.1'-- 14 omit, insert-- 15 `the Planning Act, section 79'. 16 37 Schedule, definition tidal works, item 4(c)-- 17 omit, insert-- 18 `(c) work within a coastal management district that is 19 assessable development prescribed under the Planning 20 Act, section 232(1); or'. 21 Page 608

 


 

Sustainable Planning Bill 2009 Schedule 2 Dangerous Goods Safety Management Act 2001 1 1 Section 180, heading, `Integrated Planning Act 1997'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009'. 4 2 Sections 180(1) and (8) and 187(2)(e), `Integrated 5 Planning Act 1997'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009'. 8 Domestic Building Contracts Act 2000 9 1 Schedule 2, definition development approval, `Integrated 10 Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 Electricity Act 1994 14 1 Section 112A(1), `Integrated Planning Act 1997, schedule 15 8, part 1'-- 16 omit, insert-- 17 `Sustainable Planning Act 2009'. 18 Page 609

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Section 112A(2) and (3), `Integrated Planning Act 1997'-- 1 omit, insert-- 2 `Sustainable Planning Act 2009'. 3 Environmental Protection Act 1994 4 1 Sections 37(2), 73T(5), 417, 538(1)(b), 580(4) and schedule 5 4, definitions advice agency, assessable development, 6 concurrence agency, development approval and 7 self-assessable development, `Integrated Planning Act'-- 8 omit, insert-- 9 `Planning Act'. 10 2 Section 73A(2), `Integrated Planning Act, section 3.3.15 or 11 chapter 3'-- 12 omit, insert-- 13 `Planning Act, section 282 or chapter 6'. 14 3 Section 73AA-- 15 omit, insert-- 16 `73AA Development applications in relation to wild river areas 17 `(1) This section applies to a development application-- 18 (a) for either-- 19 (i) a material change of use of premises for an 20 environmentally relevant activity that is assessable 21 development prescribed under the Planning Act, 22 section 232(1); or 23 (ii) development that is an environmentally relevant 24 activity and is assessable development prescribed 25 under the Planning Act, section 232(1); and 26 Page 610

 


 

Sustainable Planning Bill 2009 Schedule 2 (b) that does not involve prohibited development; and 1 (c) to the extent the application relates to development in a 2 wild river area, other than for the following-- 3 (i) a sewage ERA or water treatment ERA, if the 4 development is in a designated urban area; 5 (ii) an exempt environmentally relevant activity in a 6 designated urban area; and 7 (d) despite the Planning Act, chapter 6, part 3, division 4 8 and sections 313, 314 and 326. 9 `(2) For the application, the assessment manager's and any 10 concurrence agency's decision must comply with the 11 applicable code mentioned in the wild river declaration for the 12 area. 13 `(3) For development that is a sewage ERA or water treatment 14 ERA in a wild river high preservation area, the assessment 15 manager and any concurrence agency must, in assessing and 16 deciding the application, be satisfied there is no viable 17 location for the development outside the wild river high 18 preservation area. 19 `(4) In this section-- 20 exempt environmentally relevant activity means a chapter 4 21 activity prescribed under a regulation for this definition. 22 prohibited development see the Planning Act, schedule 3. 23 sewage ERA means a chapter 4 activity prescribed under a 24 regulation for this section, relating to sewage treatment. 25 water treatment ERA means a chapter 4 activity prescribed 26 under a regulation for this section, relating to water 27 treatment.'. 28 4 Section 73B(1), `Integrated Planning Act, section 29 3.5.30'-- 30 omit, insert-- 31 `Planning Act, section 345'. 32 Page 611

 


 

Sustainable Planning Bill 2009 Schedule 2 5 Section 73C(4), `Integrated Planning Act, section 1 3.5.33A'-- 2 omit, insert-- 3 `Planning Act, section 378'. 4 6 Section 73C(6), `Integrated Planning Act, section 5 4.1.31(1)(b)'-- 6 omit, insert-- 7 `Planning Act, section 467(1)'. 8 7 Section 73T-- 9 insert-- 10 `(7) Subsection (6) applies despite the Planning Act, sections 279 11 and 280.'. 12 8 Sections 616Z(1)(c) and 619(2)(c), `Integrated Planning 13 Act'-- 14 omit, insert-- 15 `repealed Integrated Planning Act 1997'. 16 9 Section 616ZB(b), `Integrated Planning Act, section 17 1.3.5'-- 18 omit, insert-- 19 `Planning Act, section 10(1)'. 20 10 Section 624(2)(b)(ii), `Integrated Planning Act, section 21 1.3.5'-- 22 omit, insert-- 23 `Planning Act, section 10(1)'. 24 Page 612

 


 

Sustainable Planning Bill 2009 Schedule 2 11 Before schedule 1-- 1 insert-- 2 `Part 14 Transitional provision for 3 Sustainable Planning Act 2009 4 `659 Continuing application of ch 4, pt 1 5 `(1) This section applies to a development application made but 6 not decided under the repealed Integrated Planning Act 1997 7 before the commencement. 8 `(2) Chapter 4, part 1 as in force before the commencement 9 continues to apply to the development application as if the 10 Sustainable Planning Act 2009 had not commenced. 11 `(3) In this section-- 12 commencement means the day this section commences.'. 13 12 Schedule 1, part 1, heading, `ss 440'-- 14 omit, insert-- 15 `sections 440'. 16 13 Schedule 1, part 1, section 3(f), `Integrated Planning Act 17 1997'-- 18 omit, insert-- 19 `Sustainable Planning Act 2009'. 20 14 Schedule 4, definitions assessment manager, 21 development, Integrated Planning Act and residential 22 complex-- 23 omit. 24 15 Schedule 4-- 25 insert-- 26 Page 613

 


 

Sustainable Planning Bill 2009 Schedule 2 `assessment manager see the Planning Act, section 246(1). 1 development see the Planning Act, section 7. 2 Planning Act means the Sustainable Planning Act 2009.'. 3 16 Schedule 4, definition applicable code, `Integrated 4 Planning Act, schedule 10'-- 5 omit, insert-- 6 `Planning Act, schedule 3'. 7 Fire and Rescue Service Act 1990 8 1 Section 104A, definition IPA-- 9 omit. 10 2 Section 104FA(1), `IPA'-- 11 omit, insert-- 12 `the repealed Integrated Planning Act 1997'. 13 3 Section 137(1), `may--'-- 14 omit, insert-- 15 `may do all of the following--'. 16 4 Section 137(1)(b)(ii)-- 17 insert-- 18 `(C) Sustainable Planning Act 2009;'. 19 Page 614

 


 

Sustainable Planning Bill 2009 Schedule 2 Fisheries Act 1994 1 1 Section 52(4)(b), `Planning Act.' and footnote-- 2 omit, insert-- 3 `Planning Act. 4 Note-- 5 See also section 76T (Penalties for carrying out assessable 6 development without permit) and the Planning Act, section 578 7 (Carrying out assessable development without permit).'. 8 2 Section 76A(a) and (b)-- 9 omit, insert-- 10 `(a) assessable development prescribed under the Planning 11 Act, section 232(1) that is building work in a declared 12 fish habitat area or operational work completely or 13 partly within a declared fish habitat area, to the extent 14 the development is carried out in Queensland waters or 15 on land other than freehold land (prescribed declared 16 fish habitat area development); 17 (b) assessable development prescribed under the Planning 18 Act, section 232(1) that is making a material change of 19 use of premises for aquaculture, if it is carried out 20 completely in Queensland waters or on unallocated tidal 21 land (prescribed aquaculture development).'. 22 3 Section 76C(3), `the section 3.5.28'-- 23 omit, insert-- 24 `section 245'. 25 4 Section 76D(3), `application.' and footnote-- 26 omit, insert-- 27 `application. 28 Page 615

 


 

Sustainable Planning Bill 2009 Schedule 2 Note-- 1 See the Planning Act, section 282 (Referral agency assesses application) 2 and chapter 6 (Integrated development assessment system (IDAS)), part 3 5 (Decision stage), division 2 (Assessment process).'. 4 5 Sections 76DA to 76DC-- 5 omit, insert-- 6 `76DA Applications in relation to wild river preservation areas 7 `(1) This section applies to a development application-- 8 (a) for assessable development prescribed under the 9 Planning Act, section 232(1) that is a material change of 10 use of premises for aquaculture or is operational work 11 that is the constructing or raising of a waterway barrier 12 works; and 13 (b) to the extent the application relates to development in a 14 wild river preservation area; and 15 (c) to the extent the development is not prohibited 16 development; and 17 (d) despite the Planning Act, chapter 6, part 3, division 4 18 and sections 313, 314 and 326. 19 `(2) For the application, the assessment manager's and any 20 concurrence agency's decision must comply with the 21 applicable code mentioned in the wild river declaration for the 22 area. 23 `76DB Applications in relation to particular operational work in 24 wild river areas 25 `(1) This section applies to a development application-- 26 (a) for assessable development prescribed under the 27 Planning Act, section 232(1) that is operational work 28 that is the removal, destruction or damage of a marine 29 plant; and 30 (b) to the extent the application relates to operational work 31 in a wild river area-- 32 Page 616

 


 

Sustainable Planning Bill 2009 Schedule 2 (i) for specified works in the area; or 1 (ii) that is a necessary and unavoidable part of 2 installing or maintaining works or infrastructure 3 required to support other development for which a 4 development permit is not required or, if a 5 development permit is required, the permit is held 6 or has been applied for; and 7 (c) to the extent the development is not prohibited 8 development; and 9 (d) despite the Planning Act, chapter 6, part 3, division 4 10 and sections 313, 314 and 326. 11 `(2) For the application, the assessment manager's and any 12 concurrence agency's decision must comply with the 13 applicable code mentioned in the wild river declaration for the 14 area. 15 `76DC Applications in relation to particular works in declared 16 fish habitat areas in wild river areas 17 `(1) This section applies to a development application-- 18 (a) for assessable development prescribed under the 19 Planning Act, section 232(1) that is building work in a 20 declared fish habitat area or operational work 21 completely or partly within a declared fish habitat area; 22 and 23 (b) to the extent the application relates to development-- 24 (i) in wild river preservation area; or 25 (ii) for specified works in a wild river area; and 26 (c) to the extent the development is not prohibited 27 development; and 28 (d) despite the Planning Act, chapter 6, part 3, division 4 29 and sections 313, 314 and 326. 30 `(2) For the application, the assessment manager's and any 31 concurrence agency's decision must comply with the 32 Page 617

 


 

Sustainable Planning Bill 2009 Schedule 2 applicable code mentioned in the wild river declaration for the 1 area.'. 2 6 Section 76G(2)(b), `applies.' and footnote-- 3 omit, insert-- 4 `applies. 5 Note-- 6 See the Planning Act, sections 287 (Concurrence agency's response 7 powers), 288 (Limitation on concurrence agency's power to refuse 8 application), 289 (Concurrence agency's response to include reasons for 9 refusal or conditions) and 325 (Effect of concurrence agency's 10 response).'. 11 7 Section 76H, `chapter 3'-- 12 omit, insert-- 13 `chapter 6'. 14 8 Section 76I(1), `Act.' and footnote-- 15 omit, insert-- 16 `Act. 17 Note-- 18 See, however, the Planning Act, sections 345 (Conditions must be 19 relevant or reasonable) and 347 (Conditions that can not be imposed).'. 20 9 Section 76Q(2)(b), `section 4.1.39'-- 21 omit, insert-- 22 `section 481'. 23 10 Section 76Q(5), `chapter 4, part 1, division 11'-- 24 omit, insert-- 25 `chapter 7, part 1, division 12'. 26 Page 618

 


 

Sustainable Planning Bill 2009 Schedule 2 11 Section 76Q(5), `chapter 4, part 1'-- 1 omit, insert-- 2 `chapter 7, part 1'. 3 12 Section 76R(1), from `chapter 4' to `apply'-- 4 omit, insert-- 5 `chapter 7, part 1, divisions 13 and 14, other than sections 494 and 6 496(2) to (4), apply'. 7 13 Section 76S(b), `emergency.' and footnote-- 8 omit, insert-- 9 `emergency. 10 Note-- 11 The Planning Act, section 608(1)(a) and (c), provides that provisions of 12 an Act about the monetary penalties for offences about development or 13 about carrying out development in an emergency will prevail over the 14 provisions of the Planning Act, chapter 7 (Appeals, offences and 15 enforcement), part 3 (Provisions about offences, notices and orders) to 16 the extent of any inconsistency.'. 17 14 Section 76T(2), `section 4.3.1(1)'-- 18 omit, insert-- 19 `section 578(1)'. 20 15 Section 76T(2)(a), from `for' to `item 7 or 8'-- 21 omit, insert-- 22 `for assessable development prescribed under the Planning Act, 23 section 232(1) that is building work in a declared fish habitat area, 24 operational work completely or partly within a declared fish 25 habitat area or operational work that is the removal, destruction or 26 damage of a marine plant'. 27 Page 619

 


 

Sustainable Planning Bill 2009 Schedule 2 16 Section 76T(2)(b), from `for' to `item 8'-- 1 omit, insert-- 2 `for assessable development prescribed under the Planning Act, 3 section 232(1) that is making a material change of use of premises 4 for aquaculture'. 5 17 Section 76T(2)(c), from `for' to `item 6'-- 6 omit, insert-- 7 `for assessable development prescribed under the Planning Act, 8 section 232(1) that is operational work that is the constructing or 9 raising of a waterway barrier works'. 10 18 Section 76U(2), `section 4.3.3(1)'-- 11 omit, insert-- 12 `section 580(1)'. 13 19 Section 76V(1), `section 4.3.6'-- 14 omit, insert-- 15 `section 584'. 16 20 Section 76V(2), `section 4.3.6(1)(b)'-- 17 omit, insert-- 18 `section 584(1)(b)'. 19 21 Section 88B(1)-- 20 omit, insert-- 21 `(1) This section applies to-- 22 (a) the following assessable development prescribed under 23 the Planning Act, section 232(1)-- 24 (i) building work in a declared fish habitat area; 25 Page 620

 


 

Sustainable Planning Bill 2009 Schedule 2 (ii) making a material change of use of premises for 1 aquaculture; 2 (iii) operational work completely or partly within a 3 declared fish habitat area; and 4 (b) self-assessable development prescribed under the 5 Planning Act, section 232(1) that is operational work 6 that is the removal, destruction or damage of a marine 7 plant if the removal, destruction or damage is of dead 8 marine wood on unallocated State land for trade or 9 commerce.'. 10 22 Section 88B(2), penalty, paragraph (a), `paragraph (a), (c) 11 or (d)'-- 12 omit, insert-- 13 `paragraph (a)(i) or (iii) or (b)'. 14 23 Section 88B(2), penalty, paragraph (b), `paragraph (b)'-- 15 omit, insert-- 16 `paragraph (a)(ii)'. 17 24 Section 88B(4)-- 18 insert-- 19 `dead marine wood means a branch or trunk that-- 20 (a) is a part of a dead marine plant; or 21 (b) was a part of a marine plant.'. 22 25 Section 242(2)(c), `given.' and footnote-- 23 omit, insert-- 24 `given. 25 Page 621

 


 

Sustainable Planning Bill 2009 Schedule 2 Note-- 1 A person may, under the Planning Act, section 383, ask the 2 assessment manager (the chief executive) to extend the relevant 3 period for a development approval.'. 4 26 Section 244(3)(a)(iv)(A), `starts;' and footnote-- 5 omit, insert-- 6 `starts under the Planning Act;'. 7 27 Section 244(3)(a)(iv)(B), `of the development application 8 starts;' and footnote-- 9 omit, insert-- 10 `for the development application starts under the Planning Act; or'. 11 28 Section 244(3)(b)(i), `starts'-- 12 omit, insert-- 13 `starts under the Planning Act'. 14 29 Section 244(3)(b)(ii), `of the development application 15 starts'-- 16 omit, insert-- 17 `for the development application starts under the Planning Act'. 18 30 After section 256-- 19 insert-- 20 Page 622

 


 

Sustainable Planning Bill 2009 Schedule 2 `Division 6 Transitional provisions for 1 Sustainable Planning Act 2009 2 `257 Continuing application of pt 5, div 3A, sdivs 1 to 4 3 `(1) This section applies to a development application made but 4 not decided under the repealed Integrated Planning Act 1997 5 before the commencement. 6 `(2) Part 5, division 3A, subdivisions 1 to 4 as in force before the 7 commencement continue to apply to the development 8 application as if the Sustainable Planning Act 2009 had not 9 commenced. 10 `(3) In this section-- 11 commencement means the day this section commences.'. 12 31 Schedule-- 13 insert-- 14 `building work see the Planning Act, section 10(1). 15 material change of use see the Planning Act, section 10(1). 16 operational work see the Planning Act, section 10(1). 17 prohibited development see the Planning Act, schedule 3.'. 18 32 Schedule, definitions applicable code, assessable 19 development, development application and 20 self-assessable development, `schedule 10'-- 21 omit, insert-- 22 `schedule 3'. 23 33 Schedule, definition assessment manager, `section 3.1.7.' 24 and footnote-- 25 omit, insert-- 26 `section 246(1).'. 27 Page 623

 


 

Sustainable Planning Bill 2009 Schedule 2 34 Schedule, definition concurrence agency, `schedule 10.' 1 and footnote-- 2 omit, insert-- 3 `section 251.'. 4 35 Schedule, definition currency period, `section 3.5.21'-- 5 omit, insert-- 6 `section 341'. 7 36 Schedule, definition development approval, `schedule 10.' 8 and footnote-- 9 omit, insert-- 10 `schedule 3.'. 11 37 Schedule, definition development permit, `section 12 3.1.5(3)'-- 13 omit, insert-- 14 `section 243'. 15 38 Schedule, definition Planning Act, `Integrated Planning 16 Act 1997'-- 17 omit, insert-- 18 `Sustainable Planning Act 2009'. 19 Greenhouse Gas Storage Act 2009 20 1 Section 31(2), note-- 21 omit. 22 Page 624

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Section 112(2), editor's note-- 1 omit. 2 Iconic Queensland Places Act 2008 3 1 Section 3(2), `Integrated Planning Act, schedule 10'-- 4 omit, insert-- 5 `Planning Act, schedule 3'. 6 2 Section 11-- 7 omit, insert-- 8 `11 Definitions for pt 3 9 `In this part-- 10 general scheme process means the process for making or 11 amending a planning scheme under the guideline mentioned 12 in the Planning Act, section 117(1). 13 Minister means the Minister who administers the Planning 14 Act, chapter 3. 15 scheme policy process means the process for making or 16 amending a planning scheme policy under the guideline 17 mentioned in the Planning Act, section 117(1). 18 structure plan process means the process for making a 19 structure plan under the guideline mentioned in the Planning 20 Act, section 145. 21 TLPI means a temporary local planning instrument as defined 22 under the Planning Act, section 101. 23 TLPI process means the process for making a temporary local 24 planning instrument under the guideline mentioned in the 25 Planning Act, section 117(2).'. 26 Page 625

 


 

Sustainable Planning Bill 2009 Schedule 2 3 Section 12(a), 20(a) and 53(3) and (4), `Integrated 1 Planning Act'-- 2 omit, insert-- 3 `Planning Act'. 4 4 Section 13(2), from `under' to `it gives'-- 5 omit, insert-- 6 `under the general scheme process or the structure plan process, it 7 first gives'. 8 5 Section 14-- 9 omit, insert-- 10 `14 Modified application of general scheme process 11 `(1) Any power of the Minister under the general scheme process 12 to allow a local government not to carry out public 13 notification of the scheme proposal can not be exercised by 14 the Minister in relation to the scheme proposal. 15 `(2) Also, a power of the Minister under the general scheme 16 process to allow a local government not to submit the scheme 17 proposal to the Minister for approval can not be exercised by 18 the Minister in relation to the scheme proposal.'. 19 6 Sections 15(1) and 16(2), from `under' to `structure plan 20 process'-- 21 omit, insert-- 22 `under the general scheme process or the structure plan process'. 23 7 Section 16(3), `under section 11(3)(b) of the general 24 scheme process or section 7 of the structure plan 25 process'-- 26 omit, insert-- 27 `under the general scheme process or the structure plan process'. 28 Page 626

 


 

Sustainable Planning Bill 2009 Schedule 2 8 Section 16(3)(b), `under the provision'-- 1 omit, insert-- 2 `under the relevant process'. 3 9 Section 17, from `A notice' to `structure plan process'-- 4 omit, insert-- 5 `Any public notice of the scheme proposal under the general 6 scheme process or the structure plan process'. 7 10 Section 18(1), from `under'-- 8 omit, insert-- 9 `under the general scheme process or the structure plan process, a 10 decision is made to proceed with the scheme proposal after public 11 notification of the proposal.'. 12 11 Section 18(2), from `When' to `structure plan process'-- 13 omit insert-- 14 `When giving the Minister a copy of the scheme proposal under the 15 general scheme process or the structure plan process'. 16 12 Section 18(3), from `under' to `structure plan process'-- 17 omit, insert-- 18 `under the general scheme process or the structure plan process'. 19 13 Section 19(2), from `under' to `structure plan process'-- 20 omit, insert-- 21 `under the general scheme process or the structure plan process 22 that it may adopt the scheme proposal subject to conditions'. 23 14 Section 19(3) and note-- 24 omit, insert-- 25 Page 627

 


 

Sustainable Planning Bill 2009 Schedule 2 `(3) If the structure plan process applies to the scheme proposal, 1 the Minister may advise the local government that it may not 2 proceed further with the scheme proposal. 3 `(4) If there is an inconsistency between subsection (3) and the 4 Planning Act, or a guideline mentioned in section 145 of that 5 Act, subsection (3) prevails to the extent of the 6 inconsistency.'. 7 15 Section 21(2), `section 2(1) of'-- 8 omit. 9 16 Section 22(1), `section 2 of'-- 10 omit. 11 17 Section 23(2)-- 12 omit, insert-- 13 `(2) The Minister must, under the TLPI process-- 14 (a) if the Minister is satisfied the proposed TLPI should be 15 made--impose conditions on the making of the TLPI 16 that the Minister considers are necessary to preserve the 17 iconic values; or 18 (b) if the Minister does not consider the proposed TLPI 19 should be made--advise the local government that it 20 may not proceed with the proposed TLPI.'. 21 18 Section 24(a), `section 1 of'-- 22 omit. 23 19 Section 25, heading, `stage'-- 24 omit. 25 Page 628

 


 

Sustainable Planning Bill 2009 Schedule 2 20 Section 25(1), `The consultation stage under part 2 of'-- 1 omit, insert-- 2 `Public consultation about the policy proposal under'. 3 21 Sections 30 and 38(1), `Integrated Planning Act, chapter 4 3'-- 5 omit, insert-- 6 `Planning Act, chapter 6'. 7 22 Section 44, note, `Integrated Planning Act, section 8 3.3.6(3) and (4)'-- 9 omit, insert-- 10 `Planning Act, section 276(4) and (5)(a)'. 11 23 Section 52(2), `Integrated Planning Act, section 3.5.7(1)'-- 12 omit, insert-- 13 `Planning Act, section 318(1)'. 14 24 Section 52(3), `period that'-- 15 omit, insert-- 16 `the period that'. 17 25 Section 53, heading, `become'-- 18 omit, insert-- 19 `becomes'. 20 26 Section 53(1), `Integrated Planning Act, section 3.5.15'-- 21 omit, insert-- 22 `Planning Act, chapter 6, part 5, division 4'. 23 Page 629

 


 

Sustainable Planning Bill 2009 Schedule 2 27 Section 54(1), `Integrated Planning Act, sections 4.1.27 to 1 4.1.29'-- 2 omit, insert-- 3 `Planning Act, sections 461 to 464'. 4 28 Section 54(2), `Integrated Planning Act, section 4.1.43'-- 5 omit, insert-- 6 `Planning Act, section 485'. 7 29 Section 54-- 8 insert-- 9 `(4) Despite the Planning Act, chapter 7, part 2, a person can not 10 appeal to a building and development committee under that 11 Act against a decision of a panel.'. 12 30 Section 59(2) and (3)-- 13 omit, insert-- 14 `(2) For the Planning Act, chapter 6, part 8, division 2, the panel is 15 the responsible entity under that Act-- 16 (a) for a condition of the development approval imposed by 17 the panel; or 18 (b) for a change or approval mentioned in section 369(1)(e) 19 of that Act, if the panel was the assessment manager for 20 the development application to which the approval 21 relates.'. 22 31 Section 69(4), `Integrated Planning Act, section 23 2.5B.34'-- 24 omit, insert-- 25 `Planning Act, section 173'. 26 Page 630

 


 

Sustainable Planning Bill 2009 Schedule 2 32 Section 69(5), `Integrated Planning Act, section 1 2.5B.36'-- 2 omit, insert-- 3 `Planning Act, section 175'. 4 33 Part 7, before section 73-- 5 insert-- 6 `Division 1 Provisions for Act No. 7 of 2008'. 7 34 After section 75-- 8 insert-- 9 `Division 2 Provisions for Sustainable Planning 10 Act 2009 11 `76 Continuing application of pt 3 12 `(1) This section applies if, before the commencement, a local 13 government has started but not finished the process under the 14 repealed Integrated Planning Act 1997 for-- 15 (a) making or amending a planning scheme or planning 16 scheme policy; or 17 (b) making a structure plan or temporary local planning 18 instrument. 19 `(2) Part 3 as in force before the commencement continues to 20 apply for the process as if the Sustainable Planning Act 2009 21 had not commenced. 22 `(3) In this section-- 23 commencement means the day this section commences. 24 `77 Continuing application of pt 4 25 `(1) This section applies to a development application made but 26 not decided under the repealed Integrated Planning Act 1997 27 before the commencement. 28 Page 631

 


 

Sustainable Planning Bill 2009 Schedule 2 `(2) Part 4 as in force before the commencement continues to 1 apply for the application as if the Sustainable Planning Act 2 2009 had not commenced. 3 `(3) In this section-- 4 commencement means the day this section commences.'. 5 35 Schedule 2, definition Integrated Planning Act-- 6 omit. 7 36 Schedule 2-- 8 insert-- 9 `IDAS see the Planning Act, section 230. 10 Planning Act means the Sustainable Planning Act 2009. 11 TLPI see section 11.'. 12 Inala Shopping Centre Freeholding Act 2006 13 1 Section 27(1), from `assessable development'-- 14 omit, insert-- 15 `prohibited development, assessable development, development 16 requiring compliance assessment or self-assessable development 17 under the Planning Act.'. 18 2 Section 27(2), `IP Act'-- 19 omit, insert-- 20 `Planning Act'. 21 Page 632

 


 

Sustainable Planning Bill 2009 Schedule 2 3 Section 27(3), definition development, `IP Act, section 1 1.3.2'-- 2 omit, insert-- 3 `Planning Act, section 7'. 4 4 Section 27(3), definition IP Act-- 5 omit, insert-- 6 `Planning Act means the Sustainable Planning Act 2009.'. 7 Integrated Resort Development Act 1987 8 1 Schedule 1, part A, item 11, `or the Integrated Planning 9 Act 1997'-- 10 omit, insert-- 11 `, the repealed Integrated Planning Act 1997 or the Sustainable 12 Planning Act 2009'. 13 Land Act 1994 14 1 Sections 55D(4), 109A(4) and 109B(5), `Integrated 15 Planning Act 1997, about'-- 16 omit, insert-- 17 `Sustainable Planning Act 2009 about'. 18 2 Section 294B(7), definition building development 19 approval, from `approval, under' to `1997'-- 20 omit, insert-- 21 Page 633

 


 

Sustainable Planning Bill 2009 Schedule 2 `approval or compliance permit, under the Sustainable Planning 1 Act 2009'. 2 3 Section 373A(7)(a), from `approval' to `1997; or'-- 3 omit, insert-- 4 `approval, compliance permit or an infrastructure agreement under 5 the Sustainable Planning Act 2009; or 6 Note-- 7 See also, the Sustainable Planning Act 2009, sections 87 and 349.'. 8 4 Section 431N(a), `Integrated Planning Act 1997'-- 9 omit, insert-- 10 `Sustainable Planning Act 2009'. 11 Land Protection (Pest and Stock Route Management) 12 Act 2002 13 1 Section 60(2)(a)(iii)(B), from `approval' to `1997'-- 14 omit, insert-- 15 `approval or compliance permit is required under the Sustainable 16 Planning Act 2009'. 17 2 Section 65(c), from `approval' to `1997'-- 18 omit, insert-- 19 `approval or compliance permit required under the Sustainable 20 Planning Act 2009'. 21 Page 634

 


 

Sustainable Planning Bill 2009 Schedule 2 Land Sales Act 1984 1 1 Section 2(d), `Integrated Planning Act 1997'-- 2 omit, insert-- 3 `Planning Act'. 4 2 Section 6-- 5 insert-- 6 `compliance permit see the Planning Act, section 394.'. 7 3 Section 6, definition development permit, `Integrated 8 Planning Act 1997, schedule 10'-- 9 omit, insert-- 10 `the Planning Act, section 243'. 11 4 Section 6, definitions operational work and reconfiguring 12 a lot, `Integrated Planning Act 1997, section 1.3.5'-- 13 omit, insert-- 14 `the Planning Act, section 10(1)'. 15 5 Section 6, definition Planning Act, `Integrated Planning 16 Act 1997'-- 17 omit, insert-- 18 `Sustainable Planning Act 2009'. 19 6 Sections 8(1), 9(2)(a) and (3)(d), `development permit'-- 20 omit, insert-- 21 `development permit or compliance permit'. 22 Page 635

 


 

Sustainable Planning Bill 2009 Schedule 2 7 Sections 9(1)(b), 10(1)(b)(i) and 10A(2), `Planning Act, 1 chapter 3, part 7'-- 2 omit, insert-- 3 `Planning Act'. 4 Land Tax Act 1915 5 1 Section 13(4B)(a), from `permit' to `1997'-- 6 omit, insert-- 7 `permit or compliance permit under the Sustainable Planning Act 8 2009'. 9 2 Section 13(4B)(b), `Integrated Planning Act 1997'-- 10 omit, insert-- 11 `the Sustainable Planning Act 2009'. 12 Land Title Act 1994 13 1 Section 50(3)-- 14 renumber as section 50(5). 15 2 Section 50-- 16 insert-- 17 `(3) Subsection (1)(h) and (i) does not apply to a plan of 18 subdivision if the plan does not require compliance 19 assessment under a regulation under the Sustainable Planning 20 Act 2009, section 397. 21 Page 636

 


 

Sustainable Planning Bill 2009 Schedule 2 `(4) If the approval of a plan of subdivision for subsection (1)(h) or 1 (i) is in the form of a compliance certificate given under the 2 Sustainable Planning Act 2009, the plan of subdivision must 3 be lodged for registration within 6 months after the 4 compliance certificate is given.'. 5 3 Section 53, `the time specified in the Integrated Planning 6 Act 1997, section 3.7.6'-- 7 omit, insert-- 8 `6 months after it is approved as mentioned in section 50(1)(h) or 9 (i)'. 10 4 Section 54A(6), definition building development approval, 11 `approval, under the Integrated Planning Act 1997'-- 12 omit, insert-- 13 `approval or compliance permit, under the Sustainable Planning 14 Act 2009'. 15 5 Sections 65(3A) and 83(2), `Integrated Planning Act 16 1997'-- 17 omit, insert-- 18 `Sustainable Planning Act 2009'. 19 6 Section 83-- 20 insert-- 21 `(3) Subsection (2) does not apply to a plan of survey if the plan 22 does not require compliance assessment under a regulation 23 under the Sustainable Planning Act 2009, section 397.'. 24 7 Section 97A(6)(a), from `approval' to `1997; or'-- 25 omit, insert-- 26 `approval, compliance permit or an infrastructure agreement under 27 the Sustainable Planning Act 2009; or 28 Page 637

 


 

Sustainable Planning Bill 2009 Schedule 2 Note-- 1 See also, the Sustainable Planning Act 2009, sections 87 and 349.'. 2 8 Section 115I(1), from `for which'-- 3 omit, insert-- 4 `for which-- 5 (a) an application for development approval or a request for 6 compliance assessment of development is made under 7 the Sustainable Planning Act 2009; or 8 (b) an application for development approval was made 9 under the repealed Integrated Planning Act 1997 on or 10 after 4 March 2003.'. 11 9 Sections 191D(2)(b)(ii) and 191E(2)(b), `Integrated 12 Planning Act 1997'-- 13 omit, insert-- 14 `Sustainable Planning Act 2009'. 15 Liquor Act 1992 16 1 Section 4, definition development approval, `Integrated 17 Planning Act 1997, schedule 10'-- 18 omit, insert-- 19 `Sustainable Planning Act 2009, schedule 3'. 20 2 Section 4, definition relevant period, paragraph (a), 21 `Integrated Planning Act 1997, section 3.5.21'-- 22 omit, insert-- 23 `Sustainable Planning Act 2009, section 341'. 24 Page 638

 


 

Sustainable Planning Bill 2009 Schedule 2 3 Section 123(1)(b), `Integrated Planning Act 1997'-- 1 omit, insert-- 2 `Sustainable Planning Act 2009'. 3 Local Government Act 1993 4 1 Section 165(6), definition local law, `and interim 5 development control provisions'-- 6 omit. 7 2 Sections 463(1)(g), 807(2), definition statutory building 8 functions, 854(1), 919A(1)(b)(ii), 956G(2)(b), 957(5) and 9 1071E(3)(b)(iv), `Integrated Planning Act 1997'-- 10 omit, insert-- 11 `Sustainable Planning Act 2009'. 12 3 Section 854(1), `, on or after 30 March 1998,'-- 13 omit. 14 4 Section 854(1), `chapter 3'-- 15 omit, insert-- 16 `chapter 6'. 17 5 Section 854(1A), from `makes' to `scheme'-- 18 omit, insert-- 19 `makes a decision to prepare a new planning scheme under the 20 Sustainable Planning Act 2009'. 21 Page 639

 


 

Sustainable Planning Bill 2009 Schedule 2 6 Section 854(3) and (3A)-- 1 omit, insert-- 2 `(3) Until the local government makes a decision to prepare a new 3 planning scheme under the Sustainable Planning Act 2009, a 4 provision of a local law or a subordinate local law that 5 includes a process of a type mentioned in subsection (1) and is 6 about a matter mentioned in subsection (1A) may be repealed 7 but may not be amended.'. 8 7 Section 854(5)-- 9 omit. 10 8 Section 854(6) and (7)-- 11 renumber as section 854(5) and (6). 12 9 Section 854(6), as renumbered, `subsection (6)'-- 13 omit, insert-- 14 `subsection (5)'. 15 10 Section 919A(1)(b)-- 16 insert-- 17 `(iii) development, declared under its planning scheme 18 under the Sustainable Planning Act 2009 to be 19 development requiring compliance assessment, for 20 which the local government is the compliance 21 assessor under that Act.'. 22 11 Section 934A(3), definition owner, paragraph (a), from 23 `permit'-- 24 omit, insert-- 25 `permit or compliance permit under the Sustainable Planning Act 26 2009 to build the structure; or'. 27 Page 640

 


 

Sustainable Planning Bill 2009 Schedule 2 12 After section 1298-- 1 insert-- 2 `Part 16 Transitional provision for 3 Sustainable Planning Act 2009 4 `1299 Application of former s 854 5 `(1) This section applies to a provision of a local law or a 6 subordinate local law of a local government that-- 7 (a) is in force before the commencement; and 8 (b) includes a process of a type mentioned in former section 9 854(1). 10 `(2) On or after the commencement, the provision may be repealed 11 but may not be amended. 12 `(3) Subsection (2) does not apply for local laws of the type 13 mentioned in former section 854(1A) until the local 14 government makes a decision to prepare a new planning 15 scheme under the Sustainable Planning Act 2009. 16 `(4) Subsection (3) also applies to a local law of a local 17 government if-- 18 (a) the area or part of the area of the local government (the 19 first local government) has been amalgamated with 20 another local government's area; and 21 (b) the local law-- 22 (i) under a regulation, continues to apply in what was 23 the first local government's area; or 24 (ii) has, by another local law, been applied, with or 25 without amendment, to the entire area of the 26 amalgamated local government areas. 27 `(5) In this section-- 28 commencement means the day this section commences. 29 former, for a provision of this Act, means the provision as in 30 force before the commencement.'. 31 Page 641

 


 

Sustainable Planning Bill 2009 Schedule 2 13 Schedule 2, definition implementation issues, paragraph 1 (b)-- 2 omit, insert-- 3 `(b) the application of existing local laws and planning 4 schemes; and'. 5 14 Schedule 2, definition interim development control 6 provision-- 7 omit. 8 15 Schedule 2, definition local government Act, paragraph 9 (b), `Integrated Planning Act 1997'-- 10 omit, insert-- 11 `Sustainable Planning Act 2009'. 12 16 Schedule 2, definition local government Act, paragraphs 13 (f) to (h)-- 14 omit, insert-- 15 `(f) a local law; and 16 (g) a planning scheme.'. 17 17 Schedule 2, definition planning scheme-- 18 omit, insert-- 19 `planning scheme see the Sustainable Planning Act 2009, section 20 79.'. 21 Page 642

 


 

Sustainable Planning Bill 2009 Schedule 2 Local Government Act 2009 1 1 Section 37(2), `chapter 3'-- 2 omit, insert-- 3 `chapter 6'. 4 2 Section 37(4)-- 5 omit. 6 3 Section 37(5), from `decides'-- 7 omit, insert-- 8 `decides, under the Planning Act, to prepare its next planning 9 scheme.'. 10 4 Section 37(5) as amended and (6)-- 11 renumber as section 37(4) and (5). 12 5 Section 72(1)(c)(ii)-- 13 omit, insert-- 14 `(ii) development declared under the local 15 government's planning scheme to be assessable 16 development or development requiring compliance 17 assessment for which the local government is the 18 compliance assessor under the Planning Act; or'. 19 6 Section 93(4)(a), after `permit'-- 20 insert-- 21 `or compliance permit'. 22 7 Section 121(2)(e)-- 23 omit. 24 Page 643

 


 

Sustainable Planning Bill 2009 Schedule 2 8 Section 121(2)(f), `paragraphs (a) to (e)'-- 1 omit, insert-- 2 `paragraphs (a) to (d)'. 3 9 Section 121(2)(f), as amended-- 4 renumber as section 121(2)(e). 5 10 Schedule 3, definition interim development control 6 provision-- 7 omit. 8 11 Schedule 3, definition Local Government Act, paragraph 9 (d)-- 10 omit, insert-- 11 `(d) a planning scheme; and'. 12 12 Schedule 3, definition Planning Act, `Integrated Planning 13 Act 1997'-- 14 omit, insert-- 15 `Sustainable Planning Act 2009'. 16 13 Schedule 3, definition planning scheme, `section 2.1.1'-- 17 omit, insert-- 18 `section 79'. 19 Major Sports Facilities Act 2001 20 1 Section 30A(2), from `Integrated Planning Act 1997'-- 21 omit, insert-- 22 Page 644

 


 

Sustainable Planning Bill 2009 Schedule 2 `Sustainable Planning Act 2009, any provision of the relevant 1 planning scheme, any development approval or compliance permit 2 under that Act relating to the facility and any condition attached to 3 the approval or permit.'. 4 2 Schedule 2, definition use, `Integrated Planning Act 5 1997'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009'. 8 Marine Parks Act 2004 9 1 Schedule, definition environment conservation 10 legislation, examples, `Integrated Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 Mineral Resources Act 1989 14 1 Part 8, heading, `Integrated Planning Act 1997'-- 15 omit, insert-- 16 `Sustainable Planning Act 2009'. 17 2 Sections 319(2) and 319A(4)(b), `IDAS under'-- 18 omit, insert-- 19 `IDAS for'. 20 Page 645

 


 

Sustainable Planning Bill 2009 Schedule 2 3 Section 319(3), note, `section 4.3.2'-- 1 omit, insert-- 2 `section 574'. 3 4 Schedule, definitions chief executive (planning), 4 development and planning scheme-- 5 omit. 6 5 Schedule-- 7 insert-- 8 `development see the Planning Act, section 7. 9 planning scheme see the Planning Act, section 79.'. 10 6 Schedule, definition IDAS, `section 3.1.1'-- 11 omit, insert-- 12 `section 230'. 13 7 Schedule, definition Planning Act, `Integrated Planning 14 Act 1997'-- 15 omit, insert-- 16 `Sustainable Planning Act 2009'. 17 Motor Racing Events Act 1990 18 1 Sections 5G(2) and 12(4), `Integrated Planning Act 19 1997'-- 20 omit, insert-- 21 `Sustainable Planning Act 2009'. 22 Page 646

 


 

Sustainable Planning Bill 2009 Schedule 2 National Trust of Queensland Act 1963 1 1 Section 6(3), `Integrated Planning Act 1997'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009'. 4 Nature Conservation Act 1992 5 1 Schedule, definition planning scheme, `Integrated 6 Planning Act 1997, section 2.1.1'-- 7 omit, insert-- 8 `Sustainable Planning Act 2009, section 79'. 9 Nuclear Facilities Prohibition Act 2007 10 1 Section 8(4), definition development approval, `approval 11 under the Integrated Planning Act 1997'-- 12 omit, insert-- 13 `approval or compliance permit under the Sustainable Planning 14 Act 2009'. 15 Petroleum Act 1923 16 1 Section 75IB(1)(b), `Integrated Planning Act 1997'-- 17 omit, insert-- 18 Page 647

 


 

Sustainable Planning Bill 2009 Schedule 2 `Sustainable Planning Act 2009 or the repealed Integrated 1 Planning Act 1997'. 2 Petroleum and Gas (Production and Safety) Act 2004 3 1 Section 33(2), `activity.' and footnote-- 4 omit, insert-- 5 `activity. 6 Note-- 7 For development generally, see the Sustainable Planning Act 2009, 8 chapter 6 (Integrated development assessment system (IDAS)).'. 9 2 Section 112(2), `activity.' and footnote-- 10 omit, insert-- 11 `activity. 12 Note-- 13 For development generally, see the Sustainable Planning Act 2009, 14 chapter 6 (Integrated development assessment system (IDAS)).'. 15 3 Section 245(1)(b), `Integrated Planning Act 1997'-- 16 omit, insert-- 17 `Sustainable Planning Act 2009 or the repealed Integrated 18 Planning Act 1997'. 19 4 Section 403(3), `activity.' and footnote-- 20 omit, insert-- 21 `activity. 22 Note-- 23 For development generally, see the Sustainable Planning Act 2009, 24 chapter 6 (Integrated development assessment system (IDAS)).'. 25 Page 648

 


 

Sustainable Planning Bill 2009 Schedule 2 5 Section 442(3), `activity.' and footnote-- 1 omit, insert-- 2 `activity. 3 Note-- 4 For development generally, see the Sustainable Planning Act 2009, 5 chapter 6 (Integrated development assessment system (IDAS)).'. 6 Planning (Urban Encroachment--Milton Brewery) Act 7 2009 8 1 Section 5(1), `development application for'-- 9 omit, insert-- 10 `development application made under the repealed Integrated 11 Planning Act 1997 or the Sustainable Planning Act 2009 for'. 12 2 Section 6(2), `Integrated Planning Act 1997'-- 13 omit, insert-- 14 `Sustainable Planning Act 2009'. 15 3 Schedule 2, definition owner, `schedule 3'-- 16 omit, insert-- 17 `schedule 4'. 18 4 Schedule 2, definition premises, `Integrated Planning Act 19 1997, schedule 10'-- 20 omit, insert-- 21 `Sustainable Planning Act 2009, schedule 3'. 22 Page 649

 


 

Sustainable Planning Bill 2009 Schedule 2 Plumbing and Drainage Act 2002 1 1 Sections 85(10), 86(12), 86A(8) and 95, `decision.' and 2 footnote-- 3 omit, insert-- 4 `decision. 5 Note-- 6 For appeals against the decision, see the Sustainable Planning Act 2009, 7 chapter 7, part 2, divisions 6, 8 and 9.' 8 2 Section 114(1)(b), `Integrated Planning Act 1997'-- 9 omit, insert-- 10 `Sustainable Planning Act 2009'. 11 3 Section 118, heading, `Integrated Planning Act 1997'-- 12 omit, insert-- 13 `Sustainable Planning Act 2009'. 14 4 Section 118(1), `Integrated Planning Act 1997.' and 15 footnote-- 16 omit, insert-- 17 `Sustainable Planning Act 2009. 18 Note-- 19 See the Sustainable Planning Act 2009, section 594 (Offences relating 20 to enforcement notices).'. 21 5 Section 118(3), `Integrated Planning Act 1997, section 22 4.2.13(2).' and footnote-- 23 omit, insert-- 24 `Sustainable Planning Act 2009, section 533(2).'. 25 Page 650

 


 

Sustainable Planning Bill 2009 Schedule 2 6 Section 169(2), `tribunal'-- 1 omit, insert-- 2 `dispute resolution committee'. 3 7 Schedule, definition building and development tribunal-- 4 omit, insert-- 5 `building and development dispute resolution committee means a 6 building and development dispute resolution committee 7 established under the Sustainable Planning Act 2009.'. 8 8 Schedule, definition information notice, paragraph (b)(iii), 9 `tribunal'-- 10 omit, insert-- 11 `dispute resolution committee'. 12 Private Health Facilities Act 1999 13 1 Section 62(2), `permit under the Integrated Planning Act 14 1997'-- 15 omit, insert-- 16 `permit or compliance permit under the Sustainable Planning Act 17 2009'. 18 Page 651

 


 

Sustainable Planning Bill 2009 Schedule 2 Property Agents and Motor Dealers Act 2000 1 1 Section 17(4), definition development, `Integrated 2 Planning Act 1997, section 1.3.2'-- 3 omit, insert-- 4 `Sustainable Planning Act 2009, section 7'. 5 2 Section 17(4), definition planning scheme, `Integrated 6 Planning Act 1997, section 2.1.1'-- 7 omit, insert-- 8 `Sustainable Planning Act 2009, section 79'. 9 3 Sections 44(1)(b) and (3)(b) and 327(1)(b) and (3)(b), 10 `Integrated Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 Prostitution Act 1999 14 1 Sections 19(1), 63A(1) and (2), 63B(b), 64K(1)(a) and (2), 15 64U(3) and (5), 66(1)(b) and (2)(b), 66A(1)(b) and schedule 16 4, definition development permit, `Integrated Planning 17 Act'-- 18 omit, insert-- 19 `Planning Act'. 20 2 Section 62-- 21 omit, insert-- 22 `62 Definition for pt 4 23 `In this part-- 24 Page 652

 


 

Sustainable Planning Bill 2009 Schedule 2 development application means-- 1 (a) a development application under the Planning Act for a 2 material change of use of premises for a brothel; or 3 (b) a request to change a development approval for a brothel 4 under the Planning Act, section 369.'. 5 3 Section 63A, heading, `Integrated'-- 6 omit. 7 4 Sections 63A(3) and 64-- 8 omit. 9 5 Section 64K(1), `Integrated Planning Act may appeal'-- 10 omit, insert-- 11 `Planning Act may appeal'. 12 6 Section 64K(1)(c)-- 13 omit, insert-- 14 `(c) a condition of the development approval and any other 15 matter stated in the approval; or'. 16 7 Section 64K(1)(e), `Integrated Planning Act, section 17 3.5.21'-- 18 omit, insert-- 19 `Planning Act, section 341'. 20 8 Section 64K(3), from `either'-- 21 omit, insert-- 22 `any of the following happens under the Planning Act-- 23 (a) the decision notice or acknowledgement notice is given 24 to the applicant; 25 Page 653

 


 

Sustainable Planning Bill 2009 Schedule 2 (b) if a decision notice is not given to the applicant--the 1 end of the day the decision notice was required to be 2 given to the applicant; 3 (c) if a negotiated decision notice is given to the 4 applicant--the negotiated decision notice is given to the 5 applicant.'. 6 9 Section 64K(5), `Integrated Planning Act, section 7 4.1.21'-- 8 omit, insert-- 9 `Planning Act, section 456'. 10 10 Section 64N, `any matter'-- 11 omit, insert-- 12 `a condition of the approval or any other matter'. 13 11 Section 142, `Integrated Planning Act'-- 14 omit, insert-- 15 `repealed Integrated Planning Act 1997'. 16 12 Before schedule 1-- 17 insert-- 18 `Division 6 Provision for Sustainable Planning 19 Act 2009 20 `155 Application of pt 4 21 `(1) This section applies to the following made but not decided 22 before the commencement-- 23 (a) a development application under the repealed Integrated 24 Planning Act 1997 for a material change of use of 25 premises for a brothel; 26 Page 654

 


 

Sustainable Planning Bill 2009 Schedule 2 (b) a request to change a development approval, or the 1 conditions of a development approval, under that Act for 2 a brothel. 3 `(2) Part 4 as in force before the commencement continues to 4 apply to an application or request mentioned in subsection (1) 5 as if the Sustainable Planning Act 2009 had not commenced. 6 `(3) In this section-- 7 commencement means the day this section commences.'. 8 13 Schedule 4, definitions application land, Integrated 9 Planning Act and minor change-- 10 omit. 11 14 Schedule 4-- 12 insert-- 13 `Planning Act means the Sustainable Planning Act 2009.'. 14 15 Schedule 4, definition assessment manager-- 15 omit, insert-- 16 `assessment manager see the Planning Act, section 246(1).'. 17 16 Schedule 4, definition IDAS, `Integrated Planning Act, 18 section 3.1.1'-- 19 omit, insert-- 20 `Planning Act, section 230'. 21 Page 655

 


 

Sustainable Planning Bill 2009 Schedule 2 Queensland Building Services Authority Act 1991 1 1 Section 68(2), after `assessment manager'-- 2 insert-- 3 `or compliance assessor'. 4 2 Section 68(2), `Integrated Planning Act 1997, issue a 5 development approval'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009, issue a development approval or a 8 compliance permit'. 9 3 Section 108(2), definition assessment manager, 10 `Integrated Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 4 Schedule 2, definition assessment manager and editor's 14 note-- 15 omit, insert-- 16 `assessment manager see the Sustainable Planning Act 2009, 17 section 246(1).'. 18 Queensland Heritage Act 1992 19 1 Section 77, from `particular'-- 20 omit, insert-- 21 `liturgical development that is not assessable development under a 22 regulation under the Planning Act, section 232(1).'. 23 Page 656

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Sections 111(5) and 164, `chapter 4, part 1, division 12'-- 1 omit, insert-- 2 `chapter 7, part 1, division 13'. 3 3 Section 121(2), definition IDAS `chapter 3'-- 4 omit, insert-- 5 `chapter 6'. 6 4 Section 123(2), `section 2.1.18'-- 7 omit, insert-- 8 `section 85'. 9 5 Section 124(2) and (4)(c), `chapter 5, part 4'-- 10 omit, insert-- 11 `chapter 9, part 3'. 12 6 Section 124(3), `section 5.4.2'-- 13 omit, insert-- 14 `section 704'. 15 7 Sections 169(4) and 170(6), definition offence, paragraph 16 (b), `section 4.3.1(1) or 4.3.3'-- 17 omit, insert-- 18 `section 578(1) or 580'. 19 8 Section 190, `Planning Act'-- 20 omit, insert-- 21 `repealed Integrated Planning Act 1997'. 22 Page 657

 


 

Sustainable Planning Bill 2009 Schedule 2 9 Section 194(6), definition local planning instrument, 1 `Planning Act'-- 2 omit, insert-- 3 `repealed Integrated Planning Act 1997'. 4 10 Schedule, definitions Planning Act and planning 5 scheme-- 6 omit. 7 11 Schedule-- 8 insert-- 9 `Planning Act means the Sustainable Planning Act 2009. 10 planning scheme see the Planning Act, section 79.'. 11 Residential Services (Accreditation) Act 2002 12 1 Sections 29(4)(b) and 30(2), `tribunal under the Integrated 13 Planning Act 1997'-- 14 omit, insert-- 15 `building and development dispute resolution committee under the 16 Sustainable Planning Act 2009'. 17 2 Section 31(1), `tribunal'-- 18 omit, insert-- 19 `building and development dispute resolution committee'. 20 3 Section 31(2), `tribunal's'-- 21 omit, insert-- 22 `committee's'. 23 Page 658

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Section 33(2), `a copy of the decision notice'-- 1 omit, insert-- 2 `a copy of the development approval'. 3 5 Section 33(2)(d), from `a decision' to `conditions),'-- 4 omit, insert-- 5 `a development approval for the application (whether or not subject 6 to conditions)'. 7 6 Section 33-- 8 insert-- 9 `(2A) If-- 10 (a) the premises are a budget accommodation building; and 11 (b) a request for compliance assessment under the 12 Sustainable Planning Act 2009 for the building has been 13 made; and 14 (c) a compliance permit under the Sustainable Planning Act 15 2009 in relation to the compliance assessment was given 16 in the previous 12 months; and 17 (d) having a fire safety management plan is a condition of 18 the compliance permit; 19 the prescribed fire safety document for the premises is a copy 20 of the compliance permit.'. 21 7 Section 33(3), `subsection (2)'-- 22 omit, insert-- 23 `subsection (2) or (2A)'. 24 8 Schedule 2, definition decision notice-- 25 omit, insert-- 26 Page 659

 


 

Sustainable Planning Bill 2009 Schedule 2 `development approval see the Sustainable Planning Act 2009, 1 schedule 3.'. 2 9 Schedule 2, definition development application, 3 `Integrated Planning Act 1997, schedule 10'-- 4 omit, insert-- 5 `Sustainable Planning Act 2009, schedule 3'. 6 South Bank Corporation Act 1989 7 1 Section 3, definition Integrated Planning Act-- 8 omit, insert-- 9 `Sustainable Planning Act means the Sustainable Planning 10 Act 2009'. 11 2 Section 3, definition operational work, `Integrated 12 Planning Act, section 1.3.5'-- 13 omit, insert-- 14 `Sustainable Planning Act, section 10(1)'. 15 3 Section 3, definition planning scheme, `Integrated 16 Planning Act, section 2.1.1'-- 17 omit, insert-- 18 `Sustainable Planning Act, section 79'. 19 4 Section 3, definition work-- 20 omit. 21 Page 660

 


 

Sustainable Planning Bill 2009 Schedule 2 5 Section 4(b)-- 1 omit, insert-- 2 `(b) assessable development or self-assessable development 3 prescribed under the Sustainable Planning Act, section 4 232(1).'. 5 6 Part 7, divisions 5 and 6, headings, `Integrated'-- 6 omit, insert-- 7 `Sustainable'. 8 7 Section 78, `Integrated Planning Act--' 9 omit, insert-- 10 `Sustainable Planning Act--'. 11 8 Section 78(a), `Integrated Planning Act, section 3.3.15'-- 12 omit, insert-- 13 `Sustainable Planning Act, section 282(1)(c)'. 14 9 Section 78(c), `Integrated Planning Act, section 3.5.32'-- 15 omit, insert-- 16 `Sustainable Planning Act, section 347'. 17 10 Section 78(d), `Integrated Planning Act, section 4.1.21'-- 18 omit, insert-- 19 `Sustainable Planning Act, section 456'. 20 11 Section 79, `Integrated Planning Act, section 3.1.5(3)'-- 21 omit, insert-- 22 `Sustainable Planning Act, section 243'. 23 Page 661

 


 

Sustainable Planning Bill 2009 Schedule 2 12 Insertion of new pt 11, div 5 1 After section 129-- 2 insert-- 3 `Division 5 Transitional provision for 4 Sustainable Planning Act 2009 5 `130 Application of s 78 to particular development 6 applications 7 `(1) This section applies if the corporation is a concurrence agency 8 under the repealed Integrated Planning Act 1997 for a 9 development application made but not decided under that Act 10 before the commencement. 11 `(2) Section 78 as in force immediately before the commencement 12 continues to apply in relation to the development application. 13 `(3) In this section-- 14 commencement means the day this section commences.'. 15 13 Schedule 4, section 7(1), definition building approvals 16 authority, `Integrated Planning Act 1997'-- 17 omit, insert-- 18 `Sustainable Planning Act 2009'. 19 South East Queensland Water (Restructuring) Act 20 2007 21 1 Section 80, heading, `Integrated Planning Act 1997'-- 22 omit, insert-- 23 `Sustainable Planning Act 2009 or the repealed Integrated 24 Planning Act 1997'. 25 Page 662

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Section 80(2)(a), (b) and (c)-- 1 omit, insert-- 2 `(a) an infrastructure charge or cost levied by the local 3 government under SPA, chapter 8, part 1 or repealed 4 IPA, chapter 5, part 1; 5 (b) a condition imposed by the local government under 6 SPA, chapter 8, part 1 or section 848 or repealed IPA, 7 chapter 5, part 1 or section 6.1.31; 8 (c) any other decision, charge, condition, contribution or 9 agreement (each a relevant action) made, levied or 10 imposed by the local government under SPA or repealed 11 IPA.'. 12 3 Section 80(6), definition development infrastructure, `IPA, 13 schedule 10'-- 14 omit, insert-- 15 `SPA, schedule 3'. 16 4 Section 80(6), definition IPA-- 17 omit, insert-- 18 `repealed IPA means the repealed Integrated Planning Act 1997. 19 SPA means the Sustainable Planning Act 2009.'. 20 5 Section 80A(3)(a)-- 21 omit, insert-- 22 `(a) Sustainable Planning Act 2009;'. 23 6 Section 80A(5), definition reconfiguring a lot, `Integrated 24 Planning Act 1997, section 1.3.5'-- 25 omit, insert-- 26 `Sustainable Planning Act 2009, section 10(1)'. 27 Page 663

 


 

Sustainable Planning Bill 2009 Schedule 2 7 Section 80A(5), definition State planning regulatory 1 provision, `Integrated Planning Act 1997, schedule 10'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009, schedule 3'. 4 Southern Moreton Bay Islands Development 5 Entitlements Protection Act 2004 6 1 Sections 3, 4 and 7, `a SMBI'-- 7 omit, insert-- 8 `an SMBI'. 9 2 Section 3, after `application'-- 10 insert-- 11 `and an SMBI request'. 12 3 Section 4, `A SMBI'-- 13 omit, insert-- 14 `An SMBI'. 15 4 Section 4(a), `, as defined by the Building Act 1975,'-- 16 omit. 17 5 After section 4-- 18 insert-- 19 `4A What is an SMBI request 20 `An SMBI request is a request made under the Sustainable 21 Planning Act 2009, section 95(1)(a) to a local government-- 22 Page 664

 


 

Sustainable Planning Bill 2009 Schedule 2 (a) about development that would not have required a 1 development permit under a superseded planning 2 scheme but requires a development permit under the 3 Redland's IPA planning scheme; and 4 (b) in relation to a class 1 building on prescribed land; and 5 (c) made by or on behalf of the owner of the prescribed land 6 within 10 years after the day the Redland's IPA planning 7 scheme has effect; and 8 (d) for which the person making the request states the 9 owner wishes this Act to apply.'. 10 6 Section 5(a), `has effect;' and footnote-- 11 omit, insert-- 12 `had effect;'. 13 7 Section 5-- 14 insert-- 15 `Editor's note-- 16 The Redland's IPA planning scheme took effect on 30 March 2006.'. 17 8 Section 7, heading, `Integrated Planning Act 1997'-- 18 omit, insert-- 19 `Sustainable Planning Act 2009'. 20 9 Section 7(2) and (3)-- 21 renumber as section 7(4) and (5). 22 10 Section 7(1)-- 23 omit, insert-- 24 Page 665

 


 

Sustainable Planning Bill 2009 Schedule 2 `(1) Despite the Sustainable Planning Act 2009, section 96(1), if a 1 person makes an SMBI request, the local government must 2 not refuse the request. 3 `(2) The Sustainable Planning Act 2009, chapter 3, part 2, division 4 5 does not apply for an SMBI application. 5 `(3) For the Sustainable Planning Act 2009, an SMBI application 6 must be assessed under the superseded planning scheme to 7 which the application relates.'. 8 11 Section 7(4), as renumbered, `Integrated Planning Act 9 1997, section 3.5.28'-- 10 omit, insert-- 11 `Sustainable Planning Act 2009, section 245'. 12 12 Section 7(5), as renumbered, `Integrated Planning Act 13 1997, section 5.5.1'-- 14 omit, insert-- 15 `Sustainable Planning Act 2009, section 714'. 16 13 Section 8, heading, `IPA'-- 17 omit. 18 14 Section 8, `Integrated Planning Act 1997, section 5.4.3, if 19 a SMBI application'-- 20 omit, insert-- 21 `Sustainable Planning Act 2009, section 705 if an SMBI 22 application or SMBI request'. 23 15 After section 10-- 24 insert-- 25 Page 666

 


 

Sustainable Planning Bill 2009 Schedule 2 `11 Transitional provision for Sustainable Planning Act 2009 1 `(1) This section applies to a development application (superseded 2 planning scheme) as defined under this Act before the 3 commencement that was made but not decided before the 4 commencement. 5 `(2) This Act as in force before the commencement continues to 6 apply for the application as if the Sustainable Planning Act 7 2009 had not commenced. 8 `(3) In this section-- 9 commencement means the day this section commences.'. 10 16 Schedule, definitions consultation period, development 11 application (superseded planning scheme), IPA planning 12 scheme and Redland's IPA planning scheme-- 13 omit. 14 17 Schedule-- 15 insert-- 16 `class 1 building means a class 1 building within the meaning 17 of the Building Act 1975. 18 consultation period, for the Redland's IPA planning scheme, 19 see the repealed Integrated Planning Act 1997, schedule 10. 20 development application (superseded planning scheme) 21 means a development application-- 22 (a) for development to which a superseded planning scheme 23 under the Sustainable Planning Act 2009 applies; and 24 (b) made only to the council as assessment manager; and 25 (c) made within 10 years after the day the Redland's IPA 26 planning scheme had effect. 27 Redland's IPA planning scheme means the planning scheme 28 for the council that took effect on 30 March 2006. 29 SMBI request see section 4A.'. 30 Page 667

 


 

Sustainable Planning Bill 2009 Schedule 2 18 Schedule, definition assessment manager, `Integrated 1 Planning Act 1997, section 3.1.7'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009, section 246(1)'. 4 19 Schedule, definitions development, development 5 application, development approval, development permit 6 and superseded planning scheme, `Integrated Planning 7 Act 1997, schedule 10'-- 8 omit, insert-- 9 `the Sustainable Planning Act 2009, schedule 3'. 10 State Development and Public Works Organisation 11 Act 1971 12 1 Section 24, definition assessment manager, `Integrated 13 Planning Act'-- 14 omit, insert-- 15 `Sustainable Planning Act'. 16 2 Section 26(3)(a), from `mentioned'-- 17 omit, insert-- 18 `prescribed under the Sustainable Planning Act, section 232(1) that 19 is operational work that is the clearing of native vegetation; and'. 20 3 Part 4, division 4, heading, `Integrated'-- 21 omit, insert-- 22 `Sustainable'. 23 Page 668

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Sections 37(1) and (2), 37A(2)(b), 39(3), (3B) and (6)(b), 1 42A(5)(b) and (6), 50, 54A(a), 140(1)(b) and schedule 2, 2 definitions advice agency, concurrence agency, 3 development approval and Planning and Environment 4 Court, `Integrated Planning Act'-- 5 omit, insert-- 6 `Sustainable Planning Act'. 7 5 Section 38, `Integrated Planning Act, section 3.5.1'-- 8 omit, insert-- 9 `Sustainable Planning Act, section 309'. 10 6 Section 39(6)(a), `Integrated Planning Act, section 11 3.5.19'-- 12 omit, insert-- 13 `Sustainable Planning Act, section 339'. 14 7 Section 42(2), from `Integrated Planning Act'-- 15 omit, insert-- 16 `Sustainable Planning Act, section 369, the entity is, in addition to 17 the assessment manager who gives the approval, the responsible 18 entity for the condition.'. 19 8 Section 42A(2), `Integrated Planning Act, section 20 3.3.17(1)'-- 21 omit, insert-- 22 `Sustainable Planning Act, section 290(1)'. 23 9 Section 42A(4), `Integrated Planning Act, section 3.5.8'-- 24 omit, insert-- 25 `Sustainable Planning Act, section 319'. 26 Page 669

 


 

Sustainable Planning Bill 2009 Schedule 2 10 Section 43(1), `Integrated Planning Act, section 2.6.8'-- 1 omit, insert-- 2 `Sustainable Planning Act, chapter 5'. 3 11 Section 43(2), `Integrated Planning Act, section 2.6.4(a)'-- 4 omit, insert-- 5 `Sustainable Planning Act, section 202(a)'. 6 12 Section 54C, `Integrated Planning Act, 3.5.30(1) and 7 3.5.31(1)'-- 8 omit, insert-- 9 `Sustainable Planning Act, sections 345(1) and 346(1)'. 10 13 Section 54D(2), `Integrated Planning Act, section 4.3.3'-- 11 omit, insert-- 12 `Sustainable Planning Act, section 580'. 13 14 Section 54D(5)(a), from `Integrated Planning Act' to 14 `section 4.3.3'-- 15 omit, insert-- 16 `Sustainable Planning Act, section 611 applies in relation to an 17 offence against section 580'. 18 15 Section 54F, heading, `Integrated'-- 19 omit, insert-- 20 `Sustainable'. 21 16 Section 54F(1)(a)(i), `Integrated Planning Act, chapter 4, 22 part 3, division 5'-- 23 omit, insert-- 24 `Sustainable Planning Act, chapter 7, part 3, division 5'. 25 Page 670

 


 

Sustainable Planning Bill 2009 Schedule 2 17 Section 54G(1), `Integrated Planning Act, section 1 4.1.21'-- 2 omit, insert-- 3 `Sustainable Planning Act, section 456(1) or (2)'. 4 18 Section 54G(4)-- 5 omit, insert-- 6 `(4) The Sustainable Planning Act, sections 456(7) and 457 apply 7 to the proceeding as if it were a proceeding under section 456 8 of that Act.'. 9 19 Section 76D, definition decision maker, paragraph (a), 10 example, `Integrated Planning Act'-- 11 omit, insert-- 12 `Sustainable Planning Act'. 13 20 Section 76D, definition decision maker, paragraph (b), 14 examples, `Integrated Planning Act, section 3.2.1(5)'-- 15 omit, insert-- 16 `Sustainable Planning Act, section 264(1)'. 17 21 Section 76D, definition prescribed decision, examples, 18 `Integrated Planning Act'-- 19 omit, insert-- 20 `Sustainable Planning Act'. 21 22 Section 76M(3), `Integrated Planning Act, chapter 5'-- 22 omit, insert-- 23 `Sustainable Planning Act, chapter 8'. 24 Page 671

 


 

Sustainable Planning Bill 2009 Schedule 2 23 Section 76O(4B), `Integrated Planning Act, section 1 5.1.8(2)(b)'-- 2 omit, insert-- 3 `Sustainable Planning Act, section 633(2)(b)'. 4 24 Section 87(2), definition authorised use-- 5 omit, insert-- 6 `authorised use, for land, means a use of the land authorised 7 under-- 8 (a) a development approval or an instrument taken to be a 9 development approval under the Sustainable Planning 10 Act; or 11 (b) a compliance permit under the Sustainable Planning 12 Act.'. 13 25 Section 157A(1)(b), `Integrated Planning Act, section 14 2.6.8'-- 15 omit, insert-- 16 `Sustainable Planning Act, section 208'. 17 26 Section 157D(2), note, `Integrated Planning Act, chapter 18 4, part 1, divisions 10 to 12'-- 19 omit, insert-- 20 `Sustainable Planning Act, chapter 7, part 1, divisions 11 to 13'. 21 27 Section 157M(4), note, `Integrated Planning Act, section 22 4.1.23'-- 23 omit, insert-- 24 `Sustainable Planning Act, section 457'. 25 Page 672

 


 

Sustainable Planning Bill 2009 Schedule 2 28 Section 157N, note, `Integrated Planning Act, section 1 4.1.5'-- 2 omit, insert-- 3 `Sustainable Planning Act, section 439'. 4 29 Section 176(1)(a)(iii) and (4), `Integrated Planning Act'-- 5 omit, insert-- 6 `repealed Integrated Planning Act 1997'. 7 30 Schedule 2, definitions Integrated Planning Act, material 8 change of use and referral coordination-- 9 omit. 10 31 Schedule 2-- 11 insert-- 12 `Sustainable Planning Act means the Sustainable Planning Act 13 2009. 14 material change of use see the Sustainable Planning Act, section 15 10(1).'. 16 32 Schedule 2, definition applicable code, `Integrated 17 Planning Act 1997, schedule 10'-- 18 omit, insert-- 19 `Sustainable Planning Act, schedule 3'. 20 33 Schedule 2, definition IDAS, `Integrated Planning Act, 21 schedule 10'-- 22 omit, insert-- 23 `Sustainable Planning Act, schedule 3'. 24 Page 673

 


 

Sustainable Planning Bill 2009 Schedule 2 Torres Strait Islander Cultural Heritage Act 2003 1 1 Section 89, heading, `IPA'-- 2 omit, insert-- 3 `Planning Act'. 4 2 Section 89(1) and (2), `IPA'-- 5 omit, insert-- 6 `the Planning Act'. 7 3 Section 89-- 8 insert-- 9 `(3) In this section-- 10 Planning Act means the Sustainable Planning Act 2009.'. 11 4 Schedule 2, definition IPA-- 12 omit. 13 Townsville City Council (Douglas Land Development) 14 Act 1993 15 1 Section 4, definition Townsville IPA planning scheme, 16 `City of Townsville'-- 17 omit, insert-- 18 `City of Townsville continued in force under the Sustainable 19 Planning Act 2009'. 20 Page 674

 


 

Sustainable Planning Bill 2009 Schedule 2 2 Section 30A(1), from `scheme'-- 1 omit, insert-- 2 `scheme, the process for amending a planning scheme stated in the 3 guideline prescribed under the Sustainable Planning Act 2009, 4 section 117(1) must be followed.'. 5 3 Section 35(3), `Integrated Planning Act 1997'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009'. 8 Transport Infrastructure Act 1994 9 1 Sections 42(2), 49(1)(b)(ii), 75(a), 246(1), 247, 258(1), 10 258B(1)(a), 304(2), 356(2), 426(2)(a), 476 and 477(1), 11 `Integrated Planning Act 1997'-- 12 omit, insert-- 13 `Sustainable Planning Act 2009'. 14 2 Section 70(1)(b), from `issued'-- 15 omit, insert-- 16 `under the Sustainable Planning Act 2009; and 17 Note-- 18 For access to approval details, see the Sustainable Planning Act 2009, 19 section 729 (Documents assessment manager must keep available for 20 inspection and purchase--general).'. 21 3 Section 70(1)(c)(i), from `issued'-- 22 omit, insert-- 23 `under the Sustainable Planning Act 2009; and'. 24 Page 675

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Section 74(6)-- 1 omit, insert-- 2 `(6) In this section-- 3 development see the Sustainable Planning Act 2009, section 4 7. 5 material change of use see the Sustainable Planning Act 6 2009, section 10(1). 7 premises see the Sustainable Planning Act 2009, schedule 3. 8 reconfiguring a lot see the Sustainable Planning Act 2009, 9 section 10(1).'. 10 5 Section 75, heading, `Integrated Planning Act 1997'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009'. 13 6 Sections 85B(3) and 93A(3), definition development, 14 `Integrated Planning Act 1997, section 1.3.2'-- 15 omit, insert-- 16 `Sustainable Planning Act 2009, section 7'. 17 7 Section 105Y(3)(c)-- 18 omit, insert-- 19 `(c) any relevant regional plan under the Sustainable 20 Planning Act 2009; and'. 21 8 Section 247, heading, `Integrated Planning Act'-- 22 omit, insert-- 23 `Sustainable Planning Act 2009'. 24 Page 676

 


 

Sustainable Planning Bill 2009 Schedule 2 9 Section 258(4), `Integrated Planning Act 1997, section 1 3.3.15 and chapter 3, part 5, division 2'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009, section 282 and chapter 6, part 5, 4 division 2'. 5 10 Section 258A(6), definition IDAS, `Integrated Planning Act 6 1997, section 3.1.1'-- 7 omit, insert-- 8 `Sustainable Planning Act 2009, section 230'. 9 11 Section 284, definition valuable features, `Integrated 10 Planning Act 1997, section 2.1.3A(4)'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009, section 89(2)'. 13 12 Section 287-- 14 omit, insert-- 15 `287 Strategic port land not subject to local planning 16 instrument 17 `(1) Strategic port land is not subject to a local planning 18 instrument under the Sustainable Planning Act 2009. 19 `(2) Subsection (1) has effect despite the Sustainable Planning Act 20 2009, chapter 3.'. 21 13 Section 477A(2), definition community infrastructure-- 22 omit, insert-- 23 `community infrastructure see the Sustainable Planning Act 24 2009, schedule 3.'. 25 14 Section 513(1)(b), `Integrated Planning Act 1997'-- 26 omit, insert-- 27 Page 677

 


 

Sustainable Planning Bill 2009 Schedule 2 `repealed Integrated Planning Act 1997 or the Sustainable 1 Planning Act 2009'. 2 15 Chapter 18-- 3 insert-- 4 `Part 12 Transitional provision for 5 Sustainable Planning Act 2009 6 `552 Application of s 247 7 `Section 247(2) as in force immediately before the 8 commencement of this section continues to apply in relation 9 to-- 10 (a) a matter mentioned in section 247(1)(a) and being done 11 under the repealed Integrated Planning Act 1997 before 12 or after the commencement; and 13 (b) a requirement mentioned in section 247(1)(b) or (c) 14 arising under the repealed Integrated Planning Act 1997 15 before or after the commencement.'. 16 Transport Operations (Marine Safety) Act 1994 17 1 Section 10A(2)(b), `Integrated Planning Act 1997'-- 18 omit, insert-- 19 `Sustainable Planning Act 2009'. 20 Page 678

 


 

Sustainable Planning Bill 2009 Schedule 2 Transport Planning and Coordination Act 1994 1 1 Section 3, definition IDAS, `Integrated Planning Act 1997, 2 section 3.1.1'-- 3 omit, insert-- 4 `Sustainable Planning Act 2009, section 230'. 5 2 Sections 8B(1) and 8E(3)(a), `Integrated Planning Act 6 1997'-- 7 omit, insert-- 8 `Sustainable Planning Act 2009'. 9 3 Section 8B(3), `Integrated Planning Act 1997, section 10 3.3.15 and chapter 3, part 5, division 2'-- 11 omit, insert-- 12 `Sustainable Planning Act 2009, section 282 and chapter 6, part 5, 13 division 2'. 14 Transport (South Bank Corporation Area Land) Act 15 1999 16 1 Section 12(3), from `the Integrated'-- 17 omit, insert-- 18 `a plan that is required to give effect to this part is not subject to 19 compliance assessment under the Sustainable Planning Act 2009.'. 20 2 Section 12(4), from `the Integrated'-- 21 omit, insert-- 22 `a plan is not subject to compliance assessment under the 23 Sustainable Planning Act 2009, the Land Title Act 1994, sections 24 Page 679

 


 

Sustainable Planning Bill 2009 Schedule 2 50(1)(h) and (i) and 83(2) do not apply to the registration of the 1 plan.'. 2 Urban Land Development Authority Act 2007 3 1 Section 6(1), `Integrated Planning Act, section 1.3.2'-- 4 omit, insert-- 5 `Sustainable Planning Act, section 7'. 6 2 Sections 11(3), 13(2), 18(5), 19, 23(5)(b), 40(b), 56(b), 7 57(1)(d), 73(1)(b) and (c), 97(2)(a) and schedule, 8 definitions lawful use, Planning and Environment Court 9 and planning instrument, `Integrated Planning Act'-- 10 omit, insert-- 11 `Sustainable Planning Act'. 12 3 Section 11(4), from `Integrated Planning Act' to `do not'-- 13 omit, insert-- 14 `Sustainable Planning Act, section 117 does not'. 15 4 Part 2, division 2, heading, `Integrated'-- 16 omit, insert-- 17 `Sustainable'. 18 5 Sections 13, 14, 16, 18, 46 and 49, headings, `IPA'-- 19 omit, insert-- 20 `SPA'. 21 Page 680

 


 

Sustainable Planning Bill 2009 Schedule 2 6 Sections 13(1)(a), 14, 16(2), 17(3), 18(1), (2), (3), (5) and 1 (6), 46(1)(a), 49(1)(a), 73(1) and schedule, definitions 2 relevant development and relevant land, `IPA'-- 3 omit, insert-- 4 `SPA'. 5 7 Section 15(3), `Integrated Planning Act, chapter 2, part 6 6'-- 7 omit, insert-- 8 `Sustainable Planning Act, chapter 5'. 9 8 Section 18(3), `Integrated Planning Act, section 4.1.27'-- 10 omit, insert-- 11 `Sustainable Planning Act, section 461'. 12 9 Section 18(6), `Integrated Planning Act, section 4.1.21'-- 13 omit, insert-- 14 `Sustainable Planning Act, section 456'. 15 10 Section 61(4), `Integrated Planning Act, chapter 4, part 1, 16 divisions 10 to 12'-- 17 omit, insert-- 18 `Sustainable Planning Act, chapter 7, part 1, divisions 11 to 13'. 19 11 Section 61(5)(a), `Integrated Planning Act, chapter 4, part 20 1, division 10'-- 21 omit, insert-- 22 `Sustainable Planning Act, chapter 7, part 1, division 11'. 23 Page 681

 


 

Sustainable Planning Bill 2009 Schedule 2 12 Section 73(1), `Integrated Planning Act, chapter 4'-- 1 omit, insert-- 2 `Sustainable Planning Act, chapter 7'. 3 13 Section 80(2)-- 4 omit, insert-- 5 `(2) For compliance assessment of the plan under the Sustainable 6 Planning Act, the compliance provisions apply-- 7 (a) as if a reference in the provisions to the compliance 8 assessor or the local government were a reference to the 9 authority; and 10 (b) as if a reference in the provisions to a development 11 permit were a reference to a UDA development 12 approval; and 13 (c) as if a reference in the provisions to a condition of a 14 development permit were a reference to a UDA 15 development condition of the UDA development 16 approval; and 17 (d) as if a reference in the provisions to rates and charges 18 levied for land included a reference to a special rate or 19 charge. 20 `(3) In this section-- 21 compliance provisions means any provisions of a regulation 22 made under the Sustainable Planning Act about compliance 23 assessment under that Act of a plan mentioned in subsection 24 (1).'. 25 14 Section 85(4), note, `Integrated Planning Act, section 26 4.1.23'-- 27 omit, insert-- 28 `Sustainable Planning Act, section 457'. 29 Page 682

 


 

Sustainable Planning Bill 2009 Schedule 2 15 Section 85(5), definition environment, `Integrated 1 Planning Act, schedule 10'-- 2 omit, insert-- 3 `Sustainable Planning Act, schedule 3'. 4 16 Section 86, note, `Integrated Planning Act, section 5 4.1.5'-- 6 omit, insert-- 7 `Sustainable Planning Act, section 439'. 8 17 Section 137(5), `Integrated Planning Act, section 5.1.34'-- 9 omit, insert-- 10 `Sustainable Planning Act, section 659'. 11 18 After section 146-- 12 insert-- 13 `Part 8 Transitional provision for 14 Sustainable Planning Act 2009 15 `147 Application of s 13 16 `Section 13 as in force immediately before the 17 commencement of this section continues to apply to a 18 development application made under the repealed Integrated 19 Planning Act 1997 but not decided before the 20 commencement.'. 21 19 Schedule, definitions IPA development application, IPA 22 development approval, Integrated Planning Act and 23 planning scheme-- 24 omit. 25 Page 683

 


 

Sustainable Planning Bill 2009 Schedule 2 20 Schedule-- 1 insert-- 2 `planning scheme see the Sustainable Planning Act, section 3 79. 4 SPA development application means a development 5 application under the Sustainable Planning Act. 6 SPA development approval means a development approval 7 under the Sustainable Planning Act. 8 Sustainable Planning Act means the Sustainable Planning 9 Act 2009.'. 10 21 Schedule, definitions building work, lot, material change 11 of use, operational work and reconfiguring a lot, 12 `Integrated Planning Act, section 1.3.5'-- 13 omit, insert-- 14 `Sustainable Planning Act, section 10'. 15 22 Schedule, definition community infrastructure 16 designation, `Integrated Planning Act, section 2.6.1'-- 17 omit, insert-- 18 `Sustainable Planning Act, section 200'. 19 23 Schedule, definition infrastructure, `Integrated Planning 20 Act, schedule 10'-- 21 omit, insert-- 22 `Sustainable Planning Act, schedule 3'. 23 Page 684

 


 

Sustainable Planning Bill 2009 Schedule 2 Valuation of Land Act 1944 1 1 Section 2, definitions development approval and local 2 planning instrument, `Integrated Planning Act 1997, 3 schedule 10'-- 4 omit, insert-- 5 `Sustainable Planning Act 2009, schedule 3'. 6 Vegetation Management Act 1999 7 1 Section 7(6) and (7), `section 3.1.3'-- 8 omit, insert-- 9 `section 233(3) to (7)'. 10 2 Section 21(2), `section 3.2.1(3)(a)'-- 11 omit, insert-- 12 `section 260(2)(a)'. 13 3 Section 21(3), `section 3.3.3(1)'-- 14 omit, insert-- 15 `section 272(1)'. 16 4 Section 21(4)(a), `section 3.5.13'-- 17 omit, insert-- 18 `section 326'. 19 Page 685

 


 

Sustainable Planning Bill 2009 Schedule 2 5 Section 22(1), `section 1.3.4'-- 1 omit, insert-- 2 `section 9'. 3 6 Section 22(5), `section 3.3.15'-- 4 omit, insert-- 5 `section 282'. 6 7 Section 22A(1)-- 7 omit, insert-- 8 `(1) This section provides for when a vegetation clearing 9 application is for a relevant purpose for the Planning Act, 10 schedule 1, item 3.'. 11 8 Section 22A(2)(e), from `approval'-- 12 omit, insert-- 13 `approval was given under the repealed Integrated Planning Act 14 1997, or a development application was made under that Act, 15 before 16 May 2003; or'. 16 9 Section 22B(1), `sections 4.2.36(1) and 5.8.1A'-- 17 omit, insert-- 18 `sections 570(1) and 761(1)'. 19 10 Section 22B(2), `chapter 4'-- 20 omit, insert-- 21 `chapter 7'. 22 Page 686

 


 

Sustainable Planning Bill 2009 Schedule 2 11 Section 22C(2), `section 4.1.27'-- 1 omit, insert-- 2 `section 461'. 3 12 Section 22C(3), editor's note-- 4 omit, insert-- 5 `Editor's note-- 6 See the Planning Act, chapter 6, part 8, division 1 (Changing decision 7 notices and approvals during applicant's appeal period).'. 8 13 Section 22C(5), `section 3.5.17'-- 9 omit, insert-- 10 `sections 361 to 365'. 11 14 Section 22D(2), `section 3.5.9'-- 12 omit, insert-- 13 `section 320'. 14 15 Section 22G(4), `section 3.5.13'-- 15 omit, insert-- 16 `section 326'. 17 16 Section 22H(a), `section 3.2.9(1)'-- 18 omit, insert-- 19 `section 351(1)'. 20 17 Section 22I(a), `section 3.3.6(4)'-- 21 omit, insert-- 22 `section 276(5)'. 23 Page 687

 


 

Sustainable Planning Bill 2009 Schedule 2 18 Section 22I(b), `section 3.3.8'-- 1 omit, insert-- 2 `section 278'. 3 19 Section 22I(b), `section 3.3.8(1)(c)'-- 4 omit, insert-- 5 `section 278(1)(c)'. 6 20 Section 22I(c), `section 3.5.7(1)'-- 7 omit, insert-- 8 `section 318(1)'. 9 21 Section 22I(d), `section 3.5.18(3) and (4)'-- 10 omit, insert-- 11 `section 366(3) and (4)'. 12 22 Section 22I(e), `section 4.2.9(2)'-- 13 omit, insert-- 14 `section 527(2)'. 15 23 Section 22K(1), `tribunal under the Planning Act, section 16 4.2.9'-- 17 omit, insert-- 18 `building and development dispute resolution committee under the 19 Planning Act, section 527'. 20 24 Section 22K(2), editor's note-- 21 omit, insert-- 22 Page 688

 


 

Sustainable Planning Bill 2009 Schedule 2 `Editor's note-- 1 See the Planning Act, chapter 6, part 8, division 1 (Changing decision 2 notices and approvals during applicant's appeal period).'. 3 25 Section 22K(4), `section 3.5.17'-- 4 omit, insert-- 5 `sections 361 to 365'. 6 26 Section 22L(d) and editor's note-- 7 omit, insert-- 8 `(d) the decision of a building and development dispute 9 resolution committee under the Planning Act. 10 Editor's note-- 11 See the Planning Act, section 479 (Appeals from building and 12 development committees).'. 13 27 Section 70A(3) and (4), from `falls' to `items 1A to 1G'-- 14 omit, insert-- 15 `is not assessable development under a regulation under the 16 Planning Act, section 232(1)'. 17 28 Section 70B(5), `section 3.5.26'-- 18 omit, insert-- 19 `section 381'. 20 29 Sections 73, 74(1), 76(4) and (5), 80, 82 and 84(1)(a), 21 `Planning Act'-- 22 omit, insert-- 23 `repealed Integrated Planning Act 1997'. 24 Page 689

 


 

Sustainable Planning Bill 2009 Schedule 2 30 Section 74(2)(b)(ii), `Planning Act, section 3.2.5(1)'-- 1 omit, insert-- 2 `repealed Integrated Planning Act 1997, section 3.2.5(1) or a 3 request made under the Planning Act, section 95(1) that has been 4 agreed to, or is taken to have been agreed to, by the local 5 government'. 6 31 Section 76(1), `Planning Act'-- 7 omit, insert-- 8 `Planning Act or the repealed Integrated Planning Act 1997'. 9 32 Section 81(2), from `operational work'-- 10 omit, insert-- 11 `operational work as defined under that Act that is the clearing of 12 vegetation and is assessable development prescribed under the 13 Planning Act, section 232(1).'. 14 33 After section 86-- 15 insert-- 16 `Division 6 Transitional provision for 17 Sustainable Planning Act 2009 18 `87 Vegetation clearing applications under repealed 19 Integrated Planning Act 1997 20 `For this Act, a vegetation clearing application is taken to 21 include a development application as defined under the 22 repealed Integrated Planning Act 1997 that-- 23 (a) involves assessable development mentioned in that Act, 24 schedule 8, part 1, table 4, items 1A to 1G; and 25 (b) was made but not decided under that Act before the 26 commencement of this section.'. 27 Page 690

 


 

Sustainable Planning Bill 2009 Schedule 2 34 Schedule, definition currency period, `section 3.5.21'-- 1 omit, insert-- 2 `section 341'. 3 35 Schedule, definition IDAS, `chapter 3'-- 4 omit, insert-- 5 `chapter 6'. 6 36 Schedule, definition Planning Act, `Integrated Planning 7 Act 1997'-- 8 omit, insert-- 9 `Sustainable Planning Act 2009'. 10 37 Schedule, definition vegetation clearing application, from 11 `assessable'-- 12 omit, insert-- 13 `development that is-- 14 (a) the clearing of native vegetation as defined under that 15 Act; and 16 (b) assessable development prescribed under section 232(1) 17 of that Act.'. 18 38 Schedule, definition vegetation clearing provision, 19 `section 4.3.1(1), 4.3.3(1), 4.3.4(1), 4.3.5 or 4.3.15(1)'-- 20 omit, insert-- 21 `section 578(1), 580(1), 581, 582 or 594(1)'. 22 Page 691

 


 

Sustainable Planning Bill 2009 Schedule 2 Vegetation Management (Regrowth Clearing 1 Moratorium) Act 2009 2 1 Part 8, before section 38-- 3 insert-- 4 `Division 1 Provisions for Act No. 6 of 2009'. 5 2 After section 39-- 6 insert-- 7 `Division 2 Transitional provisions for the 8 Sustainable Planning Act 2009 9 `40 Definitions for div 2 10 `In this division-- 11 commencement means the day the provision in which the 12 term is used commences. 13 repealed IPA means the repealed Integrated Planning Act 14 1997. 15 `41 Development for modified schedule 8 16 `(1) This section applies to development that, if the Sustainable 17 Planning Act 2009 had not commenced, would have been 18 assessable development for repealed IPA under modified 19 schedule 8 because of section 11(1), whether before or after 20 the commencement. 21 `(2) On and from the commencement, the development is taken to 22 be assessable development for the Sustainable Planning Act 23 2009. 24 `(3) Subsection (2) applies-- 25 (a) subject to section 14(3); and 26 (b) until the end of the moratorium period; and 27 Page 692

 


 

Sustainable Planning Bill 2009 Schedule 2 (c) despite, and instead of, any regulation under the 1 Sustainable Planning Act 2009, section 232(1) 2 prescribing as assessable development operational work 3 that is the clearing of native vegetation on-- 4 (i) freehold land; or 5 (ii) indigenous land; or 6 (iii) land subject to a lease under the Land Act 1994 for 7 agriculture and grazing purposes. 8 `(4) For the purposes of this Act-- 9 (a) development mentioned in subsection (1) that, 10 immediately before the commencement, is modified 11 schedule 8 development continues as modified schedule 12 8 development; and 13 (b) other development mentioned in subsection (1) 14 continues as assessable development under modified 15 schedule 8. 16 `42 References to Planning Act 17 `(1) On the commencement, a reference in this Act to the Planning 18 Act may, if the context permits, be taken to be or include a 19 reference to the Sustainable Planning Act 2009. 20 `(2) Without limiting subsection (1), the reference in section 34(4), 21 definition, relevant development applications, paragraph (b) 22 to the Planning Act, section 3.1.8 is taken to include a 23 reference to the Sustainable Planning Act 2009, section 254.'. 24 Page 693

 


 

Sustainable Planning Bill 2009 Schedule 2 Water Act 2000 1 1 Sections 46(2)(c), 259(2) and (3), 740(1)(b)(ii), 746(4), 2 752(1)(a)(ii), 757A(2)(a)(ii), (4)(a)(ii) and (5)(b), 757G(1)(b), 3 757I(1)(b)(ii), 966(1) and (3), 967(1)(b), 968(1)(b)(ii), (2) and 4 (4), 968A(1) and (3), 1014(2)(h) and (i), 1046(2)(b), 5 `Integrated Planning Act 1997'-- 6 omit, insert-- 7 `Sustainable Planning Act 2009'. 8 2 Section 360N, heading, `Integrated Planning Act 1997'-- 9 omit, insert-- 10 `Sustainable Planning 2009'. 11 3 Section 360N(2) and (4), `Integrated Planning Act 1997'-- 12 omit, insert-- 13 `Sustainable Planning Act 2009'. 14 4 Section 360N(3), `Integrated Planning Act 1997, section 15 3.1.3(4)'-- 16 omit, insert-- 17 `Sustainable Planning Act 2009, section 233(6)'. 18 5 Section 814(2)(a)(i)(B), from `assessable development'-- 19 omit, insert-- 20 `prescribed assessable development; or'. 21 6 Section 814-- 22 insert-- 23 `(5) In this section-- 24 prescribed assessable development means-- 25 Page 694

 


 

Sustainable Planning Bill 2009 Schedule 2 (a) operational work that is assessable development 1 prescribed under the Sustainable Planning Act 2009, 2 section 232(1) if-- 3 (i) the operations allow-- 4 (A) the taking or interfering with water from a 5 watercourse, lake or spring, or from a dam 6 constructed on a watercourse or lake; or 7 (B) the interfering with overland flow water in a 8 drainage and embankment area; or 9 (ii) the operational work-- 10 (A) is the construction of a referable dam; or 11 (B) will increase the storage capacity of a 12 referable dam by more than 10%; or 13 (b) other development that is assessable development 14 prescribed under the Sustainable Planning Act 2009, 15 section 232(1) and involves the removal of quarry 16 material from a watercourse or lake for which an 17 allocation notice is required under chapter 2, part 9.'. 18 7 Chapter 8, part 2, heading, `Integrated Planning Act 19 1997'-- 20 omit, insert-- 21 `Sustainable Planning Act 2009'. 22 8 Section 966(1)(c), after `area'-- 23 insert-- 24 `prescribed under section 1014(2)(h) or a wild river floodplain 25 management area'. 26 9 Section 966(5), from `section'-- 27 omit, insert-- 28 `section 282 or chapter 6, part 5, division 2 of the Sustainable 29 Planning Act 2009.'. 30 Page 695

 


 

Sustainable Planning Bill 2009 Schedule 2 10 Sections 966A and 966B-- 1 omit, insert-- 2 `966A Applications in relation to operational work in wild river 3 areas 4 `(1) This section applies to a development application, other than 5 an application to which section 966B applies-- 6 (a) for operational work in a wild river area that is 7 assessable development prescribed under the 8 Sustainable Planning Act 2009, section 232(1) and is or 9 allows taking or interfering with water; and 10 (b) that does not involve prohibited development; and 11 (c) despite the Sustainable Planning Act 2009, chapter 6, 12 part 3, division 4 and sections 313, 314 and 326. 13 `(2) For the application, the assessment manager's and any 14 concurrence agency's decision must comply with the 15 applicable code mentioned in the wild river declaration for the 16 area. 17 `966B Applications in relation to interfering with overland flow 18 water in wild river floodplain management area 19 `(1) This section applies to a development application-- 20 (a) for operational work that is assessable development 21 prescribed under the Sustainable Planning Act 2009, 22 section 232(1) and is or allows interfering with overland 23 flow water; and 24 (b) that does not involve prohibited development; and 25 (c) to the extent the application relates to operational work 26 in a wild river floodplain management area-- 27 (i) for specified works in the area; or 28 (ii) stated in the wild river declaration for the area to 29 be assessable development; and 30 (d) despite the Sustainable Planning Act 2009, chapter 6, 31 part 3, division 4 and sections 313, 314 and 326. 32 Page 696

 


 

Sustainable Planning Bill 2009 Schedule 2 `(2) For the application, the assessment manager's and any 1 concurrence agency's decision must comply with the 2 applicable code mentioned in the wild river declaration for the 3 area.'. 4 11 Section 966C(1)-- 5 omit, insert-- 6 `(1) This section applies to a development application for 7 development in a wild river area that is assessable 8 development prescribed under the Sustainable Planning Act 9 2009, section 232(1) that is or involves the removal of quarry 10 material for which an allocation notice is required under 11 chapter 2, part 9.'. 12 12 Section 967, heading, `IPA approval for development'-- 13 omit, insert-- 14 `Approval for development under Sustainable Planning Act 15 2009'. 16 13 Section 967(6), from `operational' to `item 1(a)'-- 17 omit, insert-- 18 `operational work that allows taking water from a watercourse, 19 lake or spring under section 20(3) and is self-assessable 20 development prescribed under the Sustainable Planning Act 2009, 21 section 232(1)'. 22 14 Section 967(7), from `mentioned' to `item 1(b)(i)'-- 23 omit, insert-- 24 `that allows taking or interfering with water in a watercourse, lake 25 or spring, other than under section 20(2), (3) or (5), and is 26 self-assessable development prescribed under the Sustainable 27 Planning Act 2009, section 232(1)'. 28 Page 697

 


 

Sustainable Planning Bill 2009 Schedule 2 15 Section 970, heading, `IPA approval'-- 1 omit, insert-- 2 `approval under Sustainable Planning Act 2009'. 3 16 Section 972(1)(a), from `assessable'-- 4 omit, insert-- 5 `prescribed assessable development; and'. 6 17 Section 972(2), `Integrated Planning Act 1997, chapter 7 4'-- 8 omit, insert-- 9 `Sustainable Planning Act 2009, chapter 7'. 10 18 Section 972-- 11 insert-- 12 `(3) In this section-- 13 prescribed assessable development means operational work 14 that is assessable development prescribed under the 15 Sustainable Planning Act 2009, section 232(1) if-- 16 (a) the operations allow the taking or interfering with water; 17 or 18 (b) the operational work-- 19 (i) is the construction of a referable dam; or 20 (ii) will increase the storage capacity of a referable 21 dam by more than 10%.'. 22 19 Section 1013C-- 23 omit. 24 20 Section 1014(2)(j), from `self-assessable'-- 25 omit, insert-- 26 Page 698

 


 

Sustainable Planning Bill 2009 Schedule 2 `self-assessable development prescribed under the Sustainable 1 Planning Act 2009, section 232(1) that is operational work that 2 allows taking or interfering with water; and'. 3 21 Section 1048A(13), `Integrated Planning Act 1997, section 4 3.5.21'-- 5 omit, insert-- 6 `Sustainable Planning Act 2009, section 341'. 7 22 Section 1166, heading, `Integrated Planning Act 1997'-- 8 omit, insert-- 9 `Sustainable Planning Act 2009'. 10 23 After section 1169-- 11 insert-- 12 `Division 13 Transitional provision for 13 Sustainable Planning Act 2009 14 `1170 Continuing application of ch 8, pt 2 15 `(1) This section applies to a development application made but 16 not decided under the repealed Integrated Planning Act 1997 17 before the commencement. 18 `(2) Chapter 8, part 2 of this Act as in force before the 19 commencement continues to apply to the development 20 application as if the Sustainable Planning Act 2009 had not 21 commenced. 22 `(3) In this section-- 23 commencement means the day this section commences.'. 24 Page 699

 


 

Sustainable Planning Bill 2009 Schedule 2 24 Schedule 4, definitions assessment manager, drainage 1 and embankment area and Integrated Planning Act 1997 2 offence-- 3 omit. 4 25 Schedule 4-- 5 insert-- 6 `assessment manager see the Sustainable Planning Act 2009, 7 section 246(1). 8 Sustainable Planning Act 2009 offence means an offence against 9 the Sustainable Planning Act 2009, section 574, 578(1), 579, 10 580(1), 581, 582 or 594(1) to the extent the section relates to the 11 taking of, or interfering with, water. 12 operational work see the Sustainable Planning Act 2009, section 13 10(1). 14 prohibited development see the Sustainable Planning Act 2009, 15 schedule 3. 16 referable dam see the Water Supply Act, section 341.'. 17 26 Schedule 4, definition applicable code, `Integrated 18 Planning Act 1997, schedule 10'-- 19 omit, insert-- 20 `Sustainable Planning Act 2009, schedule 3'. 21 27 Schedule 4, definitions concurrence agency and 22 development approval, `Integrated Planning Act 1997.' 23 and footnote-- 24 omit, insert-- 25 `Sustainable Planning Act 2009.'. 26 Page 700

 


 

Sustainable Planning Bill 2009 Schedule 2 28 Schedule 4, definitions development permit and referral 1 agency, `Integrated Planning Act 1997'-- 2 omit, insert-- 3 `Sustainable Planning Act 2009'. 4 29 Schedule 4, definition development, `Integrated Planning 5 Act 1997, section 1.3.2.' and footnote-- 6 omit, insert-- 7 `Sustainable Planning Act 2009, section 7.'. 8 30 Schedule 4, definition premises, paragraph (a), 9 `Integrated Planning Act 1997, section 1.3.5'-- 10 omit, insert-- 11 `Sustainable Planning Act 2009, section 10(1)'. 12 Water Supply (Safety and Reliability) Act 2008 13 1 Section 167(2), note-- 14 omit, insert-- 15 `Note-- 16 If the work is development as defined under the Planning Act, that Act 17 applies to the work.'. 18 2 Section 561(4), paragraphs (a) and (b)-- 19 omit, insert-- 20 `(a) section 282; 21 (b) chapter 6, part 5, division 2.'. 22 Page 701

 


 

Sustainable Planning Bill 2009 Schedule 2 3 Section 562(1)(a)-- 1 omit, insert-- 2 `(a) an applicant makes a development application for 3 operational work-- 4 (i) that is the construction of a referable dam; or 5 (ii) that will increase the storage capacity of a referable 6 dam by more than 10%; and'. 7 4 Section 562(2), `chapter 4'-- 8 omit, insert-- 9 `chapter 7'. 10 5 Chapter 9, heading, after `provisions'-- 11 insert-- 12 `for Act No. 34 of 2008'. 13 6 After chapter 9-- 14 insert-- 15 `Chapter 10 Transitional provision for 16 Sustainable Planning Act 17 2009 18 `636 Application of s 562 19 `(1) This section applies to a development application mentioned 20 in section 562(1)(a) as in force before the commencement of 21 the section that is made before the commencement and dealt 22 with under the repealed Integrated Planning Act 1997 after 23 the commencement. 24 `(2) Despite the Sustainable Planning Act 2009, if the applicant 25 for the development application appeals against a decision 26 about the application, the appeal may be to the Land Court.'. 27 Page 702

 


 

Sustainable Planning Bill 2009 Schedule 2 7 Schedule 3, definitions assessment manager, 1 concurrence agency, development, Planning Act, 2 Planning Act offence and referral agency-- 3 omit. 4 8 Schedule 3-- 5 insert-- 6 `assessment manager see the Planning Act, section 246(1). 7 Note-- 8 Under the Planning Act, the assessment manager for a development 9 application is generally the local government for the area in which the 10 development is to be carried out. However, in some circumstances, it 11 may be another entity prescribed under a regulation under that Act or 12 decided by the Minister administering that Act. 13 concurrence agency see the Planning Act, section 251. 14 Note-- 15 Under the Planning Act, the concurrence agency for a development 16 application is the entity prescribed under a regulation under that Act as a 17 concurrence agency for the application or, if the functions of the entity 18 in relation to the application have been devolved or delegated to another 19 entity, the other entity. 20 development see the Planning Act, section 7. 21 Planning Act means Sustainable Planning Act 2009. 22 Planning Act offence means an offence against the Planning Act, 23 section 574(1), 578(1), 579, 580(1), 581, 582 or 594 to the extent 24 the section relates to the taking of, or interfering with, water. 25 referral agency, for a development application, see the Planning 26 Act, section 252.'. 27 9 Schedule 3, definition premises, paragraph (a), `section 28 1.3.5'-- 29 omit, insert-- 30 `section 10(1)'. 31 Page 703

 


 

Sustainable Planning Bill 2009 Schedule 2 Wet Tropics World Heritage Protection and 1 Management Act 1993 2 1 Schedule 3, definition planning scheme, `Integrated 3 Planning Act 1997, section 2.1.1'-- 4 omit, insert-- 5 `Sustainable Planning Act 2009, section 79'. 6 2 Schedule 3, definition reconfiguring a lot, `Integrated 7 Planning Act 1997, section 1.3.5(1)'-- 8 omit, insert-- 9 `Sustainable Planning Act 2009, section 10(1)'. 10 Wild Rivers Act 2005 11 1 Sections 12(1)(m), (n) and (o), 14(1)(l), (m) and (n), 31B, 12 note, and 31D(1)(j), note `Integrated Planning Act 1997'-- 13 omit, insert-- 14 `Planning Act'. 15 2 Section 14(2), note, `Integrated Planning Act 1997, 16 schedule 10'-- 17 omit, insert-- 18 `Planning Act, schedule 3'. 19 3 Section 31B, note, `sections 43A and 43B'-- 20 omit, insert-- 21 `section 43B'. 22 Page 704

 


 

Sustainable Planning Bill 2009 Schedule 2 4 Section 31G, `sections 43A and 43B'-- 1 omit, insert-- 2 `section 43B and the Planning Act, schedule 1, item 2(b)'. 3 5 Section 31G, note-- 4 omit, insert-- 5 `Note-- 6 See section 43B (Effect of property development plan on particular 7 applications under the Water Act 2000) and the Planning Act, schedule 8 1 (Prohibited development).'. 9 6 Section 42-- 10 omit, insert-- 11 `42 Effect of classification on particular development 12 applications 13 `(1) This section applies to a development application-- 14 (a) for development that is assessable development 15 prescribed under the Planning Act, section 232(1) that 16 is-- 17 (i) a material change of use of premises to the extent 18 the premises is in a wild river area and the 19 proposed use is for agricultural or animal 20 husbandry activities; or 21 (ii) operational work for agricultural or animal 22 husbandry activities in a wild river area; and 23 (b) that is not for prohibited development; and 24 (c) to the extent the application relates to development in 25 the preservation area in a wild river area; and 26 (d) despite the Planning Act, chapter 6, part 3, division 4 27 and sections 313, 314 and 326. 28 `(2) For the application, the assessment manager's and any 29 concurrence agency's decision under the Planning Act must 30 Page 705

 


 

Sustainable Planning Bill 2009 Schedule 2 comply with the applicable code mentioned in the wild river 1 declaration for the area. 2 `(3) In this section-- 3 prohibited development see the Planning Act, schedule 3.'. 4 7 Section 43(1)(b)(iii)-- 5 omit, insert-- 6 `(iii) the proposed development is-- 7 (A) made assessable under a planning scheme; or 8 (B) reconfiguring a lot under the Land Title Act 9 1994 that is assessable development 10 prescribed under the Planning Act, section 11 232(1); or 12 (C) operational work for reconfiguring a lot that 13 is assessable development prescribed under 14 the Planning Act, section 232(1); and'. 15 8 Section 43(1)(c)-- 16 omit, insert-- 17 `(c) despite the Planning Act, sections 313, 314 and 326.'. 18 9 Section 43-- 19 insert-- 20 `(4) In this section-- 21 planning scheme see the Planning Act, section 79.'. 22 10 Section 43A-- 23 omit. 24 11 After section 54-- 25 insert-- 26 Page 706

 


 

Sustainable Planning Bill 2009 Schedule 2 `Part 7 Transitional provisions for 1 Sustainable Planning Act 2009 2 `55 Continuation of codes for IDAS 3 `For the purpose of the Planning Act, a code that is a code for 4 IDAS under a wild river declaration made before the 5 commencement of this section continues as a code for IDAS. 6 `56 Application of particular provisions 7 `(1) This section applies to a development application to which 8 section 42, 43 or 43A as in force before the commencement 9 applied if the application was made but not decided before the 10 commencement. 11 `(2) Sections 42, 43 and 43A as in force before the 12 commencement continue to apply to the application as if the 13 Sustainable Planning Act 2009 had not commenced. 14 `(3) In this section-- 15 commencement means the day this section commences.'. 16 12 Schedule, definitions applicable code and development 17 application, `Integrated Planning Act 1997, schedule 18 10'-- 19 omit, insert-- 20 `Planning Act, schedule 3'. 21 13 Schedule, definition assessment manager, `Integrated 22 Planning Act 1997, section 3.1.7'-- 23 omit, insert-- 24 `Planning Act, section 246(1)'. 25 Page 707

 


 

Sustainable Planning Bill 2009 Schedule 2 14 Schedule, definition IDAS, `Integrated Planning Act 1997, 1 section 3.1.1'-- 2 omit, insert-- 3 `Planning Act, section 230'. 4 15 Schedule-- 5 insert-- 6 `Planning Act means the Sustainable Planning Act 2009.'. 7 Page 708

 


 

Sustainable Planning Bill 2009 Schedule 3 Schedule 3 Dictionary 1 section 6 2 acknowledgement notice see section 267(2). 3 acknowledgement period see section 267(3). 4 Acquisition Act means the Acquisition of Land Act 1967. 5 acquisition land means land-- 6 (a) proposed to be taken or acquired under the Acquisition 7 Act or the State Development and Public Works 8 Organisation Act 1971; and 9 (b) in relation to which a notice of intention to resume 10 under the Acquisition Act has been served, and the 11 proposed taking or acquisition has not been 12 discontinued; and 13 (c) that has not been taken or acquired. 14 action notice see section 405(5). 15 administering authority see the Environmental Protection 16 Act, schedule 4. 17 administrative amendment, of a State planning instrument, 18 means an amendment correcting or changing-- 19 (a) an explanatory matter about the instrument; or 20 (b) the format or presentation of the instrument; or 21 (c) a spelling, grammatical or mapping error in the 22 instrument; or 23 (d) a factual matter incorrectly stated in the instrument; or 24 (e) a redundant or outdated term in the instrument; or 25 (f) inconsistent numbering of provisions in the instrument; 26 or 27 (g) a cross-reference in the instrument. 28 Page 709

 


 

Sustainable Planning Bill 2009 Schedule 3 advice agency, for a development application, see section 1 250. 2 advice agency's response see section 291(2). 3 agency's referral day, for a referral agency, means-- 4 (a) if the functions of the agency in relation to the 5 application have not been lawfully devolved or 6 delegated to the assessment manager--the day the 7 agency receives the referral agency material; or 8 (b) if the agency is a concurrence agency and the functions 9 of the agency in relation to the application have been 10 lawfully devolved or delegated to the assessment 11 manager-- 12 (i) if the applicant has paid the fee mentioned in 13 section 272(1)(c) to the assessment manager before 14 the day the acknowledgement notice is given--the 15 day the acknowledgement notice is given; or 16 (ii) if the applicant has not paid the fee mentioned in 17 section 272(1)(c) to the assessment manager before 18 the day the acknowledgement notice is given--the 19 day the fee is paid. 20 agricultural activities see the Wild Rivers Act 2005, schedule. 21 allocation notice, for schedule 1, item 9, means an allocation 22 notice given under-- 23 (a) the Water Act 2000, section 283; or 24 (b) the Coastal Protection and Management Act 1995, 25 section 76, before 2 December 2005. 26 animal husbandry activities see the Wild Rivers Act 2005, 27 schedule. 28 appellant means a person who appeals to the court or a 29 building and development committee under chapter 7. 30 applicable code, for development, means a code, including a 31 concurrence agency code, that can reasonably be identified as 32 applying to the development. 33 applicant-- 34 Page 710

 


 

Sustainable Planning Bill 2009 Schedule 3 (a) for chapter 4, means the applicant for a master plan 1 application; or 2 (b) for chapter 6, means the applicant for a development 3 application; or 4 (c) for a development application mentioned in chapter 7, 5 includes the person in whom the benefit of the 6 application vests. 7 applicant's appeal period, for an appeal-- 8 (a) by an appellant to the court, for a development 9 application--see section 461(2); or 10 (b) by an appellant to the court, for a master plan 11 application--see section 471(2); or 12 (c) by an appellant to a building and development 13 committee, for an appeal under section 519--see section 14 519(4); or 15 (d) by an appellant to a building and development 16 committee, for an appeal under section 522--see section 17 522(4); or 18 (e) by an appellant to a building and development 19 committee, for an appeal under section 527--see section 20 527(2). 21 application, for chapter 6, means a development application. 22 appropriately qualified, for the performance of a function or 23 exercise of a power under this Act, includes having the 24 qualifications, experience or standing appropriate to perform 25 the function or exercise the power. 26 Example of standing-- 27 a person's classification level in the public service 28 approved form means a form approved by the chief executive 29 under section 762. 30 aquacultural ERA means an environmentally relevant 31 activity, prescribed under a regulation for this definition, 32 relating to aquaculture. 33 aquaculture see the Fisheries Act, schedule. 34 Page 711

 


 

Sustainable Planning Bill 2009 Schedule 3 assessable development-- 1 1 Generally, assessable development means development 2 prescribed under section 232(1)(c) to be assessable 3 development. 4 2 The term also includes development declared under a 5 State planning regulatory provision to be assessable 6 development. 7 3 For a planning scheme area, the term also includes other 8 development not prescribed under a regulation to be 9 assessable development, but declared to be assessable 10 development under any of the following that applies to 11 the area-- 12 (a) the planning scheme for the area; 13 (b) a temporary local planning instrument; 14 (c) a master plan for a declared master planned area; 15 (d) a preliminary approval to which section 242 16 applies. 17 assessing authority means-- 18 (a) for development under a development permit other than 19 development to which paragraph (c) applies--the 20 assessment manager giving the permit or any 21 concurrence agency for the application, each for the 22 matters within their respective jurisdictions; or 23 (b) for assessable development not covered by a 24 development permit--an entity that would have been the 25 assessment manager or a concurrence agency for the 26 permit if a development application had been made, 27 each for the matters that would have been within their 28 respective jurisdictions; or 29 (c) for assessable development for which a private certifier 30 (class A) is, under the Building Act, chapter 6, engaged 31 to perform private certifying functions under that 32 Act--the private certifier or the local government; or 33 (d) for self-assessable development other than building or 34 plumbing work--the local government or the entity 35 Page 712

 


 

Sustainable Planning Bill 2009 Schedule 3 responsible for administering the code for the 1 development; or 2 (e) for building or plumbing work carried out by or for a 3 public sector entity--the chief executive, however 4 described, of the entity; or 5 (f) for development to which a State planning regulatory 6 provision applies--the chief executive; or 7 (g) for development under a compliance permit-- 8 (i) if the compliance assessor giving the permit for the 9 development is a local government or a public 10 sector entity--the compliance assessor; or 11 (ii) if the compliance assessor giving the permit for the 12 development is a nominated entity of a local 13 government--the local government; or 14 (h) for development requiring compliance assessment for 15 which there is no compliance permit-- 16 (i) if the entity that would have been the compliance 17 assessor is a local government or a public sector 18 entity--the local government or public sector 19 entity; or 20 (ii) if the entity that would have been the compliance 21 assessor is a nominated entity of a local 22 government--the local government; or 23 (i) for a document or work to which a compliance 24 certificate applies-- 25 (i) if the compliance assessor giving the certificate is a 26 local government or a public sector entity--the 27 compliance assessor; or 28 (ii) if the compliance assessor giving the certificate is a 29 nominated entity of a local government--the local 30 government; or 31 (j) for a document or work requiring compliance 32 assessment for which there is no compliance 33 certificate-- 34 Page 713

 


 

Sustainable Planning Bill 2009 Schedule 3 (i) if the entity that would have been the compliance 1 assessor is a local government or a public sector 2 entity--the local government or public sector 3 entity; or 4 (ii) if the entity that would have been the compliance 5 assessor is a nominated entity of a local 6 government--the local government; or 7 (k) for any other matter--the local government. 8 assessment and decision provisions, for chapter 6, part 11, 9 division 2, see section 423. 10 assessment manager see section 246(1). 11 available for inspection and purchase see section 723(1). 12 BCA means Building Code of Australia. 13 brothel see the Prostitution Act 1999, schedule 4. 14 building means a fixed structure that is wholly or partly 15 enclosed by walls and is roofed, and includes a floating 16 building and any part of a building. 17 Building Act means the Building Act 1975. 18 building and development committee means a building and 19 development dispute resolution committee established under 20 section 502. 21 building assessment provisions see the Building Act, section 22 30. 23 building certifier-- 24 1 A building certifier is an individual who, under the 25 Building Act, is licensed as a building certifier. 26 2 A reference to a building certifier includes a reference to 27 a private certifier. 28 Building Code of Australia-- 29 1 The Building Code of Australia is the edition, current at 30 the relevant time, of the Building Code of Australia 31 (including the Queensland Appendix) published by the 32 body known as the Australian Building Codes Board. 33 Page 714

 


 

Sustainable Planning Bill 2009 Schedule 3 2 A reference to the code includes the edition as amended 1 from time to time by amendments published by the 2 board. 3 building development application means a development 4 application to the extent it is for building work. 5 building work see section 10. 6 business day does not include a day between 26 December of 7 a year and 1 January of the following year. 8 certificate of classification see the Building Act, schedule 2. 9 certified copy, of a document, means-- 10 (a) for a document held by a local government--a copy of 11 the document certified by the chief executive officer of 12 the local government as a true copy of the document; or 13 (b) for a document held by an assessment manager--a copy 14 of the document certified by the assessment manager or 15 the chief executive officer of the assessment manager as 16 a true copy of the document; or 17 (c) for a document held by a referral agency--a copy of the 18 document certified by the chief executive officer of the 19 referral agency as a true copy of the document; or 20 (d) for a document held by a compliance assessor--a copy 21 of the document certified by the compliance assessor or 22 the chief executive officer of the compliance assessor as 23 a true copy of the document; or 24 (e) for a document held by the department--a copy of the 25 document certified by the chief executive of the 26 department as a true copy of the document; or 27 (f) for a document held by the Minister--a copy of the 28 document certified by the chief executive of any 29 department the Minister has responsibility for as a true 30 copy of the document. 31 chapter 5A activity see the Environmental Protection Act, 32 section 309A(2). 33 Page 715

 


 

Sustainable Planning Bill 2009 Schedule 3 charge rate, in relation to trunk infrastructure, means the 1 amount, expressed in dollars, for each unit of demand for the 2 infrastructure. 3 chief executive (environment) means the chief executive of 4 the department in which the Environmental Protection Act is 5 administered. 6 chief executive (fisheries) means the chief executive of the 7 department in which the Fisheries Act is administered. 8 clear, for vegetation-- 9 (a) means remove, cut down, ringbark, push over, poison or 10 destroy in any way including by burning, flooding or 11 draining; but 12 (b) does not include destroying standing vegetation by 13 stock, or lopping a tree. 14 coastal management district means a coastal management 15 district under the Coastal Protection and Management Act 16 1995, other than an area declared as a coastal management 17 district under section 54(2) of that Act. 18 code means a document or part of a document identified as a 19 code-- 20 (a) in a planning instrument; or 21 (b) for IDAS under this or another Act; or 22 (c) in a master plan for a declared master planned area; or 23 (d) in a preliminary approval to which section 242 applies. 24 code assessment means the assessment of development by the 25 assessment manager under section 313. 26 commencement, for chapter 10, part 2, see section 765. 27 common material, for a development application, means-- 28 (a) all the material about the application the assessment 29 manager has received in the first 3 stages of IDAS, 30 including-- 31 (i) any concurrence agency requirements, advice 32 agency recommendations and contents of 33 Page 716

 


 

Sustainable Planning Bill 2009 Schedule 3 submissions that have been accepted by the 1 assessment manager; and 2 (ii) any advice or comment about the application 3 received under section 256; and 4 (b) if a development approval for the development has not 5 lapsed--the approval; and 6 (c) an infrastructure agreement applicable to the land the 7 subject of the application. 8 Commonwealth Environment Act means the Environment 9 Protection and Biodiversity Conservation Act 1999 (Cwlth). 10 community infrastructure means community infrastructure 11 prescribed under a regulation for section 200. 12 compliance assessment means assessment of development, a 13 document or work for compliance with a matter or thing 14 mentioned in section 403. 15 compliance assessor see sections 397(3)(b) and 398(2)(b). 16 compliance certificate see section 395. 17 compliance permit see section 394. 18 concurrence agency, for a development application, see 19 section 251. 20 concurrence agency code, for a concurrence agency, means a 21 code, or part of a code, the concurrence agency is required 22 under this or another Act to assess a development application 23 against. 24 concurrence agency condition, for a development approval, 25 means a condition imposed on the approval by a concurrence 26 agency. 27 concurrence agency's response see sections 285(2) and 28 290(1)(a). 29 consolidated planning scheme means a document that 30 accurately combines a local government's planning scheme, 31 as originally made, with all amendments made to the planning 32 scheme since the planning scheme was originally made. 33 consultation period-- 34 Page 717

 


 

Sustainable Planning Bill 2009 Schedule 3 (a) for making a State planning instrument--see section 1 60(2)(e); or 2 (b) for amending a State planning instrument--means the 3 consultation period under section 60(2)(e) as applied 4 under section 70; or 5 (c) for making or amending a planning scheme or planning 6 scheme policy, other than an amendment to include a 7 structure plan--see section 118(1)(b); or 8 (d) for making a structure plan for a declared master 9 planned area--see section 146(b); or 10 (e) for a master plan application--see section 167(1)(f); or 11 (f) for making a ministerial designation of land--means the 12 period for the making of submissions stated in any 13 notice given under section 207(4). 14 convicted includes being found guilty, and the acceptance of a 15 plea of guilty, by a court, whether or not a conviction is 16 recorded. 17 coordinating agency-- 18 (a) for a structure plan for a declared master planned 19 area--means the entity identified as the coordinating 20 agency in the master planned area declaration for the 21 area; or 22 (b) for a master plan application--means an entity 23 identified as a coordinating agency in the structure plan 24 for the relevant master planned area or an entity 25 otherwise identified by the Minister as a coordinating 26 agency. 27 coordinating agency assessment period see section 176. 28 coordinating agency conditions, for a master plan application 29 or a master plan, see section 178(2)(b). 30 core matters, for the preparation of a planning scheme, see 31 section 89. 32 court means the Planning and Environment Court continued 33 in existence under section 435. 34 Page 718

 


 

Sustainable Planning Bill 2009 Schedule 3 crude oil or petroleum product storage ERA means an 1 environmentally relevant activity, prescribed under a 2 regulation for this definition, relating to storing crude oil or 3 petroleum product. 4 decision-making period see section 318. 5 decision notice see section 334(1). 6 declared fish habitat area see the Fisheries Act, schedule. 7 declared master planned area see section 132(4). 8 deemed approval means an approval taken to have been given 9 under section 331. 10 deemed approval notice see section 331(1). 11 deemed refusal, for a proceeding under chapter 7, part 1 or 2, 12 means a refusal that is taken to have happened if a decision is 13 not made-- 14 (a) for a development application, other than an application 15 to which chapter 6, part 5, division 3, subdivision 4 16 applies--by the end of the decision-making period, 17 including any extension of the decision-making period; 18 and 19 (b) for a request to make a change to a development 20 approval or for a request to extend a period mentioned in 21 section 341--within the time allowed under this Act for 22 the decision to be made; and 23 (c) for a request made by a person under section 222 or for a 24 claim for compensation under chapter 9, part 3--within 25 the time allowed under this Act for the decision to be 26 made; and 27 (d) for a master plan application--by the end of the period 28 under section 179 for deciding the application; and 29 (e) for a request under section 98(2)--within the time 30 allowed under this Act for the decision to be made. 31 designate means identify for community infrastructure. 32 designated land means land designated under chapter 5. 33 designated region see section 22(1). 34 Page 719

 


 

Sustainable Planning Bill 2009 Schedule 3 designated urban area see the Wild Rivers Act 2005, 1 schedule. 2 designation cessation day see section 214(1). 3 designator, in relation to land, means the Minister or local 4 government who designated the land under chapter 5. 5 desired standard of service, for a network of development 6 infrastructure, means the standard of performance stated in 7 the priority infrastructure plan. 8 destroy, for vegetation, includes destroy it by burning, 9 flooding or draining. 10 development see section 7. 11 development application means an application for a 12 development approval. 13 development application (superseded planning scheme) 14 means a development application for development to which a 15 superseded planning scheme applies because under chapter 3, 16 part 2, division 5 the assessment manager for the development 17 has agreed, or is taken to have agreed, to a request made under 18 that part for the development. 19 development approval means-- 20 (a) a decision notice or a negotiated decision notice that-- 21 (i) approves, wholly or partially, development applied 22 for in a development application (whether or not 23 the approval has conditions attached to it); and 24 (ii) is in the form of a preliminary approval, a 25 development permit or an approval combining both 26 a preliminary approval and a development permit 27 in the one approval; or 28 (b) a deemed approval, including any conditions applying to 29 it. 30 development infrastructure means-- 31 (a) land or works, or both land and works, for-- 32 (i) urban and rural residential water cycle 33 management infrastructure, including 34 Page 720

 


 

Sustainable Planning Bill 2009 Schedule 3 infrastructure for water supply, sewerage, 1 collecting water, treating water, stream managing, 2 disposing of waters and flood mitigation, but not 3 urban and rural residential water cycle 4 management infrastructure that is State 5 infrastructure; or 6 (ii) transport infrastructure, including roads, vehicle 7 lay-bys, traffic control devices, dedicated public 8 transport corridors, public parking facilities 9 predominantly serving a local area, cycle ways, 10 pathways, ferry terminals and the local function, 11 but not any other function, of State-controlled 12 roads; or 13 Note-- 14 The chief executive administering the Transport 15 Infrastructure Act may make guidelines, including 16 guidelines defining the local function of State-controlled 17 roads. 18 (iii) public parks infrastructure supplied by a local 19 government, including playground equipment, 20 playing fields, courts and picnic facilities; or 21 (b) land, and works that ensure the land is suitable for 22 development, for local community facilities, including, 23 for example-- 24 (i) community halls or centres; or 25 (ii) public recreation centres; or 26 (iii) public libraries. 27 development offence means an offence against section 574, 28 575, 576, 577, 578, 579, 580, 581, 582 or 583. 29 development permit see section 243. 30 draft EIS means a draft EIS for section 693. 31 draft terms of reference, for an EIS, means a document 32 prepared by the chief executive under section 691(2). 33 drainage work see the Plumbing and Drainage Act 2002, 34 schedule. 35 Page 721

 


 

Sustainable Planning Bill 2009 Schedule 3 dredging ERA means an environmentally relevant activity, 1 prescribed under a regulation for this definition, relating to 2 dredging material. 3 ecological sustainability see section 8. 4 e-IDAS see section 262(2). 5 EIS means a document the chief executive is satisfied-- 6 (a) addresses the terms of reference; and 7 (b) without limiting paragraph (a)-- 8 (i) describes the development in sufficient detail to 9 establish its likely environmental effects; and 10 (ii) identifies the likely beneficial and adverse 11 environmental effects of the development; and 12 (iii) states the ways any adverse environmental effects 13 may be mitigated; and 14 (iv) has been prepared using current information, and 15 methodologies that represent best environmental 16 practice. 17 EIS assessment report see section 697. 18 EIS process means the process mentioned in chapter 9, part 2. 19 eligible Minister, for chapter 2, means a Minister, other than 20 the Minister administering this Act or the regional planning 21 Minister. 22 enforcement notice see section 590(1). 23 enforcement order see section 601(1)(a). 24 entity includes a department. 25 environment includes-- 26 (a) ecosystems and their constituent parts including people 27 and communities; and 28 (b) all natural and physical resources; and 29 (c) the qualities and characteristics of locations, places and 30 areas, however large or small, that contribute to their 31 biological diversity and integrity, intrinsic or attributed 32 Page 722

 


 

Sustainable Planning Bill 2009 Schedule 3 scientific value or interest, amenity, harmony, and sense 1 of community; and 2 (d) the social, economic, aesthetic and cultural conditions 3 affecting the matters in paragraphs (a), (b) and (c) or 4 affected by the matters. 5 environmentally relevant activity see the Environmental 6 Protection Act, section 18. 7 environmental management plan, for development to which 8 the EIS process applies, means a document prepared by the 9 proponent that proposes conditions and mechanisms to 10 manage the potential environmental impacts of the 11 development. 12 environmental nuisance see the Environmental Protection 13 Act, section 15. 14 Environmental Protection Act means the Environmental 15 Protection Act 1994. 16 establishment cost, in relation to a trunk infrastructure 17 network, means-- 18 (a) the cost of preparing an infrastructure charges schedule, 19 including the desired standards of service and plans for 20 trunk infrastructure used to calculate the charges stated 21 in the infrastructure charges schedule; and 22 (b) on-going administration costs for the infrastructure 23 charges schedule for the infrastructure; and 24 (c) for future infrastructure--all costs for the design, 25 financing and construction of the infrastructure and for 26 land acquisition for the infrastructure; and 27 (d) for existing infrastructure-- 28 (i) the residual financing cost of the existing 29 infrastructure; and 30 (ii) the cost of reconstructing the same works using 31 contemporary materials, techniques and 32 technologies; and 33 (iii) if the land acquisition for the infrastructure was 34 completed after 1 January 1990--the value of the 35 Page 723

 


 

Sustainable Planning Bill 2009 Schedule 3 land at the time it was acquired, adjusted for 1 inflation. 2 executive officer, of a corporation, means a person who is 3 concerned with or takes part in its management, whether or 4 not the person is a director or the person's position is given 5 the name of executive officer. 6 exempt development is development other than 7 self-assessable development, development requiring 8 compliance assessment, assessable development or prohibited 9 development. 10 existing, in relation to a regional planning advisory committee 11 or regional coordination committee under repealed IPA for 12 chapter 10, part 2, see section 765. 13 existing application, for chapter 10, part 2, see section 765. 14 existing planning scheme, for chapter 10, part 2, see section 15 765. 16 existing planning scheme policy, for chapter 10, part 2, see 17 section 765. 18 existing structure plan, for chapter 10, part 2, see section 765. 19 existing temporary local planning instrument, for chapter 20 10, part 2, see section 765. 21 extraction ERA means an environmentally relevant activity, 22 prescribed under a regulation for this definition, relating to 23 extracting rock or other material. 24 Fisheries Act means the Fisheries Act 1994. 25 forest practice-- 26 1 Forest practice means planting trees, or managing, 27 felling and removing standing trees, on freehold land or 28 indigenous land, for an ongoing forestry business in a-- 29 (a) plantation; or 30 (b) native forest, if, in the native forest-- 31 (i) all the activities are conducted in a way that 32 is consistent with a code applying to a native 33 forest practice; or 34 Page 724

 


 

Sustainable Planning Bill 2009 Schedule 3 (ii) if there is no code, all the activities are 1 conducted in a way that-- 2 (A) ensures restoration of a similar type, 3 and to the extent, of the removed trees; 4 and 5 (B) ensures trees are only felled for the 6 purpose of being sawn into timber or 7 processed into another value added 8 product (other than woodchips for an 9 export market); and 10 (C) does not cause land degradation as 11 defined under the Vegetation 12 Management Act. 13 2 The term includes carrying out limited associated work, 14 including, for example, drainage, construction and 15 maintenance of roads or vehicular tracks, and other 16 necessary engineering works. 17 3 The term does not include clearing native vegetation for 18 the initial establishment of a plantation. 19 former, for a provision mentioned in chapter 10, part 2, 20 division 11, see section 864. 21 freehold land includes land in a freeholding lease under the 22 Land Act 1994. 23 grounds, for sections 326(1)(b) and 329(1)(b)-- 24 1 Grounds means matters of public interest. 25 2 Grounds does not include the personal circumstances of 26 an applicant, owner or interested party. 27 high risk species see the Wild Rivers Act 2005, schedule. 28 high-water mark means the ordinary high-water mark at 29 spring tides. 30 IDAS see section 230. 31 impact assessment means the assessment under section 314 32 of-- 33 (a) the environmental effects of proposed development; and 34 Page 725

 


 

Sustainable Planning Bill 2009 Schedule 3 (b) the ways of dealing with the effects. 1 indigenous land means land held under a following Act by, or 2 on behalf of or for the benefit of, Aboriginal or Torres Strait 3 Islander inhabitants or for Aboriginal or Torres Strait Islander 4 purposes-- 5 (a) the Local Government (Aboriginal Lands) Act 1978; 6 (b) the Aborigines and Torres Strait Islanders (Land 7 Holding) Act 1985; 8 (c) the Aboriginal Land Act 1991; 9 (d) the Torres Strait Islander Land Act 1991; 10 (e) the Land Act 1994. 11 industrial area, for the definition residential building, means 12 land, however described, that is designated in a planning 13 instrument as industrial, or that is predominantly industrial in 14 character, having regard to-- 15 (a) dominant land uses in the area; or 16 (b) the relevant provisions of a planning instrument 17 applying to the area. 18 Examples of ways of describing industrial areas-- 19 · heavy industry 20 · commercial industry 21 · light industry 22 · service industry 23 · general industry 24 · waterfront industry 25 information request see section 276(1). 26 information request period see section 276(4) and (5). 27 infrastructure includes land, facilities, services and works 28 used for supporting economic activity and meeting 29 environmental needs. 30 infrastructure agreement see section 660. 31 infrastructure charge see section 631(1)(b). 32 Page 726

 


 

Sustainable Planning Bill 2009 Schedule 3 infrastructure charges notice see section 633(1). 1 infrastructure charges plan means an infrastructure charges 2 plan under repealed IPA before the commencement of the 3 Integrated Planning and Other Legislation Amendment Act 4 2003, part 2, division 3. 5 infrastructure charges register see section 724(1)(s). 6 infrastructure charges schedule means an infrastructure 7 charges schedule under chapter 8, part 1, division 4. 8 infrastructure provider-- 9 (a) for an application, means a local government that is the 10 assessment manager and-- 11 (i) supplies trunk infrastructure for development; or 12 (ii) has an agreement with another entity that supplies 13 trunk infrastructure to the local government area; 14 and 15 (b) for a request for compliance assessment, means a local 16 government that is the compliance assessor for the 17 request and-- 18 (i) supplies trunk infrastructure for development; or 19 (ii) has an agreement with another entity that supplies 20 trunk infrastructure to the local government area. 21 interim enforcement order see section 601(1)(b). 22 IPA planning scheme means a planning scheme made under 23 repealed IPA, schedule 1. 24 land includes-- 25 (a) any estate in, on, over or under land; and 26 (b) the airspace above the surface of land and any estate in 27 the airspace; and 28 (c) the subsoil of land and any estate in the subsoil. 29 last day for making comments see section 691(3)(e). 30 last day for making submissions see section 694(1)(a)(iv). 31 lawful use see section 9. 32 Page 727

 


 

Sustainable Planning Bill 2009 Schedule 3 local government, for a provision of this Act about a master 1 planned area, means the local government whose local 2 government area includes the area. 3 Local Government Act means the Local Government Act 4 1993. 5 local government area means a part of the State established 6 as a local government area under the Local Government Act. 7 local government road has the same meaning as in the 8 Transport Planning and Coordination Act 1994. 9 local heritage place means a local heritage place under the 10 Queensland Heritage Act 1992. 11 local infrastructure agreement means an infrastructure 12 agreement entered into by a local government. 13 local planning instrument means a planning scheme, 14 temporary local planning instrument or planning scheme 15 policy. 16 lopping, a tree, means cutting or pruning its branches, but 17 does not include-- 18 (a) removing its trunk; and 19 (b) cutting or pruning its branches so severely that it is 20 likely to die. 21 lot see section 10(1). 22 low impact activity means a borrow pit of not more than 23 10000m3. 24 making a structure plan or master plan includes preparing it. 25 marine plant see the Fisheries Act, section 8. 26 master plan see section 151. 27 master plan application see section 159. 28 master planned area means an area identified under section 29 132 as a master planned area. 30 master planned area declaration see section 132(2)(c) and 31 (3)(b). 32 Page 728

 


 

Sustainable Planning Bill 2009 Schedule 3 master planning unit, for a master plan or proposed master 1 plan, means the declared master planned area, or part of the 2 declared master planned area, to which the master plan or 3 proposed master plan applies. 4 material change of use see section 10(1). 5 mining activity see the Environmental Protection Act, section 6 147. 7 Minister-- 8 (a) in chapter 2, part 2 or 3, chapter 4 and chapter 6, part 11, 9 means-- 10 (i) generally--the Minister administering the part or 11 chapter; or 12 (ii) for a matter the regional planning Minister is 13 satisfied relates to chapter 2, part 2 or 3 or chapter 14 4--the regional planning Minister for the region; 15 and 16 (b) in chapter 2, part 4 or 5, means the Minister 17 administering the part; and 18 (c) in chapter 5--means any Minister; and 19 (d) in chapter 6, part 11, division 2, includes the Minister 20 administering the State Development and Public Works 21 Organisation Act 1971; and 22 (e) in any other provision of this Act, means the Minister 23 administering the provision. 24 minor amendment, of a State planning instrument, means-- 25 (a) for a regional plan or a State planning regulatory 26 provision made by the regional planning Minister--an 27 amendment of the plan or provision, if the regional 28 planning Minister is satisfied-- 29 (i) the amendment is made merely to reflect a part of 30 another State planning instrument; and 31 (ii) adequate public consultation was carried out in 32 relation to the making of the part; or 33 Page 729

 


 

Sustainable Planning Bill 2009 Schedule 3 (b) for a State planning instrument to which paragraph (a) 1 does not apply--an amendment of the instrument, if the 2 Minister is satisfied-- 3 (i) the amendment is made merely to reflect a part of 4 another State planning instrument; and 5 (ii) adequate public consultation was carried out in 6 relation to the making of the part; or 7 (c) another amendment of a minor nature prescribed under 8 a regulation. 9 minor change, in relation to a development application, see 10 section 350. 11 missed referral agency see section 357(1). 12 mobile and temporary environmentally relevant activity see 13 the Environmental Protection Act, schedule 4. 14 native forest practice means a forest practice other than in a 15 plantation. 16 native vegetation means a native tree or plant other than the 17 following-- 18 (a) grass or non-woody herbage; 19 (b) a plant within a grassland regional ecosystem prescribed 20 under a regulation under the Vegetation Management 21 Act; 22 (c) a mangrove. 23 negotiated decision notice see section 363(1). 24 negotiated infrastructure charges notice see section 25 679(1)(a). 26 negotiated notice, for a master plan application, see section 27 185(3). 28 negotiated regulated infrastructure charges notice see 29 section 679(1)(b). 30 negotiated regulated State infrastructure charges notice see 31 section 679(1)(c). 32 Page 730

 


 

Sustainable Planning Bill 2009 Schedule 3 network, for development infrastructure items, includes part 1 of a network. 2 non-trunk infrastructure means development infrastructure 3 that is not trunk infrastructure. 4 notification period-- 5 (a) for a development application to which chapter 9, part 7 6 applies--see section 747; or 7 (b) for another development application--see section 298. 8 operational work see section 10(1). 9 original application, for chapter 6, part 8, division 2, see 10 section 372(1)(a). 11 original assessment manager see section 428. 12 overland flow water see the Water Act 2000, schedule 4. 13 owner, of land, means the person for the time being entitled to 14 receive the rent for the land or would be entitled to receive the 15 rent for it if it were let to a tenant at a rent. 16 Note-- 17 See the Transport Infrastructure Act, section 247, for when the chief 18 executive of the department in which that Act is administered is taken to 19 be the owner of particular rail corridor land or non-rail corridor land 20 under that Act. 21 participating agency-- 22 (a) for a structure plan for a declared master planned 23 area--means an entity identified as a participating 24 agency in the master planned area declaration for the 25 area; or 26 (b) for a master plan application--means an entity 27 identified as a participating agency in the structure plan 28 for the relevant master planned area or an entity 29 otherwise identified by the Minister as a participating 30 agency. 31 party, for an appeal to the court or a building and 32 development committee, means the appellant, the respondent, 33 any co-respondent for the appeal and, if the Minister is 34 represented in the appeal, the Minister. 35 Page 731

 


 

Sustainable Planning Bill 2009 Schedule 3 permissible change, for a development approval, see section 1 367. 2 person includes a body of persons, whether incorporated or 3 unincorporated. 4 planning instrument means a State planning regulatory 5 provision, a designated region's regional plan, a State 6 planning policy, the standard planning scheme provisions, a 7 planning scheme, a temporary local planning instrument or a 8 planning scheme policy. 9 planning scheme see section 79. 10 planning scheme area see section 82(1). 11 planning scheme policy see section 108. 12 plans for trunk infrastructure means the part of a priority 13 infrastructure plan that identifies the trunk infrastructure 14 network that exists or may be supplied to service future 15 growth in the local government's area to meet the desired 16 standard of service stated in the plan. 17 plumbing work see the Plumbing and Drainage Act 2002, 18 schedule. 19 preliminary approval see section 241(1). 20 premises means-- 21 (a) a building or other structure; or 22 (b) land, whether or not a building or other structure is 23 situated on the land. 24 pre-request response notice see section 368(3). 25 prescribed building means a building that is classified under 26 the BCA as-- 27 (a) a class 1 building; or 28 (b) a class 10 building, other than a class 10 building that is 29 incidental or subordinate to the use, or proposed use, of 30 a building classified under the BCA as a class 2, 3, 4, 5, 31 6, 7, 8 or 9 building. 32 Page 732

 


 

Sustainable Planning Bill 2009 Schedule 3 prescribed concurrence agency, in relation to a development 1 application to which chapter 9, part 7 applies, means either or 2 both of the following persons if the person is a concurrence 3 agency for the application-- 4 (a) the chief executive (environment); 5 (b) the chief executive (fisheries). 6 prescribed tidal work means work prescribed under a 7 regulation for this definition under this or another Act. 8 principal submitter, for a properly made submission, 9 means-- 10 (a) if a submission is made by 1 person--the person; or 11 (b) if a submission is made by more than 1 person--the 12 person identified as the principal submitter or if no 13 person is identified as the principal submitter the 14 submitter whose name first appears on the submission. 15 priority infrastructure area, for a local government-- 16 1 Priority infrastructure area means the area-- 17 (a) that is used, or approved for use, for any or all of 18 the following-- 19 (i) residential purposes, other than rural 20 residential purposes; 21 (ii) retail and commercial purposes; 22 (iii) industrial purposes; 23 (iv) community and government purposes related 24 to a purpose mentioned in subparagraphs (i) 25 to (iii); and 26 (b) that will accommodate at least 10 years, but not 27 more than 15 years, of growth for the purposes 28 mentioned in paragraph (a). 29 2 Priority infrastructure area includes an area not 30 mentioned in item 1 that-- 31 (a) the local government decides to include in the area; 32 and 33 Page 733

 


 

Sustainable Planning Bill 2009 Schedule 3 (b) is serviced by development infrastructure. 1 priority infrastructure plan means the part of a planning 2 scheme that-- 3 (a) identifies the priority infrastructure area; and 4 (b) includes the plans for trunk infrastructure the local 5 government intends to supply or for which infrastructure 6 charges will be levied; and 7 (c) identifies, if required by a supplier of State 8 infrastructure with a relevant jurisdiction-- 9 (i) a statement of intent for State-controlled roads; or 10 (ii) the roads implementation program under the 11 Transport Infrastructure Act, section 11; and 12 (d) states the assumptions about the type, scale, location 13 and timing of future growth on which the plan is based; 14 and 15 (e) states the desired standard of service for each 16 development infrastructure network identified in the 17 plan; and 18 (f) includes any infrastructure charges schedule. 19 private certifier means a building certifier whose licence 20 under the Building Act has private certification endorsement 21 under that Act. 22 private certifier (class A) means a private certifier whose 23 licence under the Building Act has development approval 24 endorsement under that Act. 25 prohibited development-- 26 1 Generally, prohibited development means development 27 mentioned in schedule 1. 28 2 The term also includes development declared under a 29 State planning regulatory provision to be prohibited 30 development. 31 3 For a planning scheme area, the term also includes 32 development not mentioned in schedule 1, but stated or 33 Page 734

 


 

Sustainable Planning Bill 2009 Schedule 3 declared under any of the following for the area to be 1 prohibited development-- 2 (a) the planning scheme, including a structure plan; 3 (b) a temporary local planning instrument. 4 properly made application, for a development application, see 5 section 261. 6 properly made submission means a submission that-- 7 (a) is in writing and, unless the submission is made 8 electronically under this Act, is signed by each person 9 who made the submission; and 10 (b) is received-- 11 (i) if the submission is about a draft EIS or a 12 designation--on or before the last day for making 13 the submission; or 14 (ii) if the submission is about a development 15 application--during the notification period; or 16 (iii) otherwise--during the consultation period; and 17 (c) states the name and residential or business address of 18 each person who made the submission; and 19 (d) states the grounds of the submission and the facts and 20 circumstances relied on in support of the grounds; and 21 (e) is made-- 22 (i) if the submission is about a proposed State 23 planning regulatory provision or an amendment of 24 a State planning regulatory provision being made 25 by the regional planning Minister--to the regional 26 planning Minister; or 27 (ii) if the submission is about a proposed State 28 planning regulatory provision or an amendment of 29 a State planning regulatory provision being made 30 by the Minister--to the Minister; or 31 (iii) if the submission is about a proposed State 32 planning regulatory provision or an amendment of 33 a State planning regulatory provision being made 34 Page 735

 


 

Sustainable Planning Bill 2009 Schedule 3 jointly by the Minister and an eligible Minister--to 1 the eligible Minister; or 2 (iv) if the submission is about a designated region's 3 regional plan--to the regional planning Minister 4 for the region; or 5 (v) if the submission is about a proposed State 6 planning policy or an amendment of a State 7 planning policy being made by the Minister--to 8 the Minister; or 9 (vi) if the submission is about a proposed State 10 planning policy or an amendment of a State 11 planning policy being made jointly by the Minister 12 and an eligible Minister--to the eligible Minister; 13 or 14 (vii) if the submission is about the proposed standard 15 planning scheme provisions or an amendment of 16 the standard planning scheme provisions being 17 made by the Minister--to the Minister; or 18 (viii) if the submission is about a ministerial 19 designation--to the Minister; or 20 (ix) if the submission is about a proposed planning 21 scheme or planning scheme policy or an 22 amendment of a planning scheme or planning 23 scheme policy--to the local government; or 24 (x) if the submission is about a proposed planning 25 scheme or an amendment of a planning scheme 26 being carried out by the Minister or regional 27 planning Minister--to the Minister or regional 28 planning Minister; or 29 (xi) if the submission is about a master plan 30 application--to the local government; or 31 (xii) if the submission is about a development 32 application--to the assessment manager. 33 proponent means the person who proposes development to 34 which chapter 9, part 2 applies. 35 public housing-- 36 Page 736

 


 

Sustainable Planning Bill 2009 Schedule 3 (a) means housing-- 1 (i) provided by or for the State or a statutory body 2 representing the State; and 3 (ii) for short or long term residential use; and 4 (iii) that is totally or partly subsidised by the State or a 5 statutory body representing the State; and 6 (b) includes services provided for residents of the housing, 7 if the services are totally or partly subsidised by the 8 State or a statutory body representing the State. 9 public office, of a local government, means the premises kept 10 as its public office under the Local Government Act. 11 public sector entity-- 12 1 Public sector entity means-- 13 (a) a department or part of a department; or 14 (b) an agency, authority, commission, corporation, 15 instrumentality, office, or other entity, established 16 under an Act for a public or State purpose. 17 2 Public sector entity includes a government owned 18 corporation. 19 public utility easement means an easement in favour of a 20 public utility provider within the meaning of the Land Title 21 Act 1994, section 81A. 22 quarry material see the Water Act 2000, schedule 4. 23 Queensland Competition Authority means the Queensland 24 Competition Authority established under the Queensland 25 Competition Authority Act 1997. 26 Queensland Development Code means the version, current at 27 the relevant time, of the document called, Queensland 28 Development Code, published by the department in which the 29 Building Act is administered. 30 Queensland heritage place means a registered place under 31 the Queensland Heritage Act 1992. 32 reconfiguring a lot see section 10(1). 33 Page 737

 


 

Sustainable Planning Bill 2009 Schedule 3 referral agency see section 252. 1 referral agency material see section 272(1). 2 referral agency's assessment period see section 283. 3 referral agency's response means an advice agency's 4 response or a concurrence agency's response. 5 regional plan see section 23. 6 regional planning committee means a regional planning 7 committee established under section 31. 8 regional planning Minister, for a designated region, means 9 the Minister administering chapter 2, part 2 or 3 or chapter 4, 10 for the region. 11 registered professional engineer means a registered 12 professional engineer under the Professional Engineers Act 13 2002 or a person registered as a professional engineer under 14 an Act of another State. 15 regulated infrastructure charge see section 642(1). 16 regulated infrastructure charges notice see section 643(1). 17 regulated infrastructure charges register see section 18 724(1)(t). 19 regulated infrastructure charges schedule see section 20 641(1). 21 regulated State infrastructure charge see section 668(1)(b). 22 regulated State infrastructure charges notice see section 23 669(1). 24 regulated State infrastructure charges schedule means a 25 regulated State infrastructure charges schedule made under 26 sections 667 and 668. 27 relevant appeal period, for chapter 8, part 4, see section 675. 28 relevant area, for a State planning regulatory provision, see 29 section 20(1). 30 relevant instrument, for chapter 6, part 10, see section 397(5). 31 Page 738

 


 

Sustainable Planning Bill 2009 Schedule 3 repealed IPA means the repealed Integrated Planning Act 1 1997. 2 repealed LGP&E Act means the repealed Local Government 3 (Planning and Environment) Act 1990. 4 request for information, for a master plan application, see 5 section 162(1). 6 requesting authority see section 278(1). 7 residential building, for schedule 1, item 5, means a building 8 or part of a building used primarily for private residential use, 9 other than a building or part of a building used only for a 10 caretaker's residence on land in an industrial area. 11 residential complex-- 12 1 A residential complex is land in a wild river area, 13 including buildings and infrastructure on the land, that is 14 used to accommodate fewer than the following-- 15 (i) 50 permanent residents; 16 (ii) 200 temporary residents. 17 Examples-- 18 homestead, out-station, resort complex 19 2 The term does not include land in a designated urban 20 area. 21 responsible entity, for making a permissible change to a 22 development approval, means the responsible entity under 23 section 369 for making the change. 24 road-- 25 1 Road means-- 26 (a) an area of land dedicated to public use as a road; or 27 (b) an area that is open to or used by the public and is 28 developed for, or has as 1 of its main uses, the 29 driving or riding of motor vehicles; or 30 (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 31 (d) a pedestrian or bicycle path; or 32 Page 739

 


 

Sustainable Planning Bill 2009 Schedule 3 (e) a part of an area, bridge, culvert, ferry, ford, tunnel, 1 viaduct or path mentioned in paragraphs (a) to (d). 2 2 Road does not include-- 3 (a) an area or thing that is busway land, busway 4 transport infrastructure, light rail land or light rail 5 transport infrastructure within the meaning of the 6 Transport Infrastructure Act; and 7 (b) a public thorough easement under either or both of 8 the following provisions, if the easement is in 9 favour of the State-- 10 (i) the Land Act 1994, chapter 6, part 4, division 11 8; 12 (ii) the Land Title Act 1994, part 6, division 4. 13 road works see the Transport Infrastructure Act, schedule 6. 14 screening ERA means an environmentally relevant activity, 15 prescribed under a regulation for this definition, relating to 16 screening, washing, crushing, grinding, milling, sizing or 17 separating material extracted from earth or dredged. 18 self-assessable development-- 19 1 Generally, self-assessable development means 20 development prescribed under a regulation for section 21 232(1) to be self-assessable development. 22 2 The term also includes development declared under a 23 State planning regulatory provision to be self-assessable 24 development. 25 3 For a planning scheme area, the term also includes other 26 development not prescribed under a regulation to be 27 self-assessable development, but declared to be 28 self-assessable development under any of the following 29 that applies to the area-- 30 (a) the planning scheme for the area; 31 (b) a temporary local planning instrument; 32 (c) a master plan for a declared master planned area; 33 Page 740

 


 

Sustainable Planning Bill 2009 Schedule 3 (d) a preliminary approval to which section 242 1 applies. 2 SEQ region, for chapter 10, part 2, division 11, see section 3 864. 4 SEQ regional plan, for chapter 10, part 2, division 11, see 5 section 864. 6 SEQ regional plan structure plan, for chapter 10, part 2, 7 division 11, see section 864. 8 serious environmental harm see the Environmental 9 Protection Act, section 17. 10 show cause notice see section 588(2). 11 specified works see the Wild Rivers Act 2005, section 48(2). 12 stage of IDAS, means a stage of the IDAS process mentioned 13 in section 257(1). 14 standard conditions see section 332(1). 15 standard planning scheme provisions see section 50. 16 State-controlled road see the Transport Infrastructure Act, 17 schedule 6. 18 State infrastructure means any of the following-- 19 (a) State schools infrastructure; 20 (b) public transport infrastructure; 21 (c) State-controlled roads infrastructure; 22 (d) emergency services infrastructure; 23 (e) health infrastructure, including hospitals and associated 24 institutions infrastructure; 25 (f) freight rail infrastructure; 26 (g) State urban and rural residential water cycle 27 management infrastructure, including infrastructure for 28 water supply, sewerage, collecting water, treating water, 29 stream managing, disposing of water and flood 30 mitigation; 31 Page 741

 


 

Sustainable Planning Bill 2009 Schedule 3 (h) justice administration facilities, including court or 1 police facilities. 2 State infrastructure agreement means an infrastructure 3 agreement entered into by a public sector entity other than a 4 local government. 5 State infrastructure provider means a concurrence agency 6 that-- 7 (a) supplies, or contributes toward the cost of, State 8 infrastructure; or 9 (b) administers a regional plan for a designated region. 10 State interest means-- 11 (a) an interest that the Minister considers affects an 12 economic or environmental interest of the State or a part 13 of the State, including sustainable development; or 14 (b) an interest that the Minister considers affects the interest 15 of ensuring there is an efficient, effective and 16 accountable planning and development assessment 17 system. 18 statement of intent, for a State-controlled road, means a 19 statement about the State-controlled road, including proposals 20 for the provision of transport infrastructure included in the 21 roads implementation program under the Transport 22 Infrastructure Act, section 11. 23 State planning instrument means-- 24 (a) a State planning regulatory provision; or 25 (b) a regional plan; or 26 (c) a State planning policy; or 27 (d) the standard planning scheme provisions. 28 State planning policy see section 40. 29 State planning regulatory provision see section 16. 30 strategic port land see the Transport Infrastructure Act, 31 section 286(5). 32 structure plan see section 137. 33 Page 742

 


 

Sustainable Planning Bill 2009 Schedule 3 submitter, for a development application, means a person who 1 makes a properly made submission about the application. 2 submitter's appeal period see section 462(4). 3 superseded planning scheme, for a planning scheme area, 4 means the planning scheme, or any related planning scheme 5 policies, in force immediately before-- 6 (a) the planning scheme or policies, under which a 7 development application is made, took effect; or 8 (b) the amendment, creating the superseded planning 9 scheme, took effect. 10 temporary local planning instrument see section 101. 11 temporary State planning policy see section 46(1) and (2). 12 terms of reference, for an EIS, means the terms of reference 13 prepared by the chief executive under section 692. 14 tidal area-- 15 1 Tidal area, for a local government, means-- 16 (a) to the extent both banks of a tidal river or estuarine 17 delta are in the local government's area, the part of 18 the river or delta below high-water mark that is-- 19 (i) from the mouth of the river or delta as far up 20 the river or delta as the spring tides 21 ordinarily flow and reflow; and 22 (ii) adjacent to the local government's area; and 23 (b) to the extent 1 bank of a tidal river or estuarine 24 delta is in the local government's area, the part of 25 the river or delta between high-water mark and the 26 middle of the river or delta that is-- 27 (i) from the mouth of the river or delta as far up 28 the river or delta as the spring tides 29 ordinarily flow and reflow; and 30 (ii) adjacent to the local government's area; and 31 (c) if the boundary of the local government's area is 32 the high-water mark or is seaward of the 33 Page 743

 


 

Sustainable Planning Bill 2009 Schedule 3 high-water mark--the area that is seaward and 1 within 50m of the high-water mark. 2 2 Tidal area, for a local government, does not include a 3 tidal area for strategic port land. 4 3 Tidal area, for strategic port land, means-- 5 (a) to the extent both banks of a tidal river or estuarine 6 delta are part of the strategic port land, the part of 7 the river or delta below high-water mark that is-- 8 (i) from the mouth of the river or delta as far up 9 the river or delta as the spring tides 10 ordinarily flow and reflow; and 11 (ii) adjacent to the strategic port land; and 12 (b) to the extent 1 bank of a tidal river or estuarine 13 delta is part of the strategic port land, the part of 14 the river or delta between high-water mark and the 15 middle of the river or delta that is-- 16 (i) from the mouth of the river or delta as far up 17 the river or delta as the spring tides 18 ordinarily flow and reflow; and 19 (ii) adjacent to the strategic port land; and 20 (c) if the boundary of the strategic port land is the 21 high-water mark or is seaward of the high-water 22 mark--the area that is seaward and within 50m of 23 the high-water mark. 24 tidal works see the Coastal Protection and Management Act 25 1995, schedule. 26 Transport Infrastructure Act means the Transport 27 Infrastructure Act 1994. 28 trunk infrastructure means development infrastructure 29 identified in a priority infrastructure plan as trunk 30 infrastructure. 31 use, in relation to premises, includes any use incidental to and 32 necessarily associated with the use of the premises. 33 Page 744

 


 

Sustainable Planning Bill 2009 Schedule 3 Vegetation Management Act means the Vegetation 1 Management Act 1999. 2 vehicle, for schedule 1, item 5, includes any type of transport 3 that moves on wheels but does not include a train or tram. 4 water infrastructure facility means a measure, outcome, 5 works or anything else that Queensland Water Infrastructure 6 Pty Ltd ACN 119 634 427 is directed to carry out or achieve 7 under-- 8 (a) the State Development and Public Works Organisation 9 Act 1971; or 10 (b) the Water Act 2000. 11 waterway barrier works see the Fisheries Act, schedule. 12 wild river area see the Wild Rivers Act 2005, schedule. 13 wild river declaration see the Wild Rivers Act 2005, schedule. 14 wild river floodplain management area means a floodplain 15 management area under the Wild Rivers Act 2005. 16 wild river high preservation area means a high preservation 17 area under the Wild Rivers Act 2005. 18 wild river preservation area means a preservation area under 19 the Wild Rivers Act 2005. 20 © State of Queensland 2009 Page 745

 


 

AMENDMENTS TO BILL

Sustainable Planning Bill 2009 Sustainable Planning Bill 2009 Amendments agreed to during Consideration 1 Clause 144 (Special charge for making a structure plan)-- Page 123, lines 1 to 3-- omit, insert-- `(9) For making and levying the charge, a regulation under the Local Government Act, section 96(a) about concessions for rates applies as if the charge were rates under that Act.'. 2 Clause 144 (Special charge for making a structure plan)-- Page 123, line 5, `section 957'-- omit, insert-- `section 93(2)'. 3 Clause 248 (Jurisdiction of local government as assessment manager for particular development)-- Page 181, line 27, `section 25'-- omit, insert-- `section 9'. 4 Clause 248 (Jurisdiction of local government as assessment manager for particular development)-- Page 182, lines 2 and 3-- omit, insert-- `Local Government Act, section 9 (Powers of local governments generally)'. Page 1

 


 

Sustainable Planning Bill 2009 5 Clause 297 (Applicant or assessment manager to give public notice of application)-- Page 214, lines 15 to 18-- omit, insert-- `(e) if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining land--the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or'. 6 Clause 354 (Effect on IDAS--changes about matters relating to submissions or information requests)-- Page 254, lines 15 to 25-- omit, insert-- `(ii) is in response to an information request. `(2) IDAS does not stop for the changed application. `(3) Subsection (3A) applies if the notification stage applied to the original application and the change was made during the notification stage or after the notification stage ended. `(3A) The notification stage must restart or be repeated unless the assessment manager is satisfied the change would not be likely to attract a submission objecting to the thing comprising the change, if the notification stage were to apply to the change.'. 7 Clause 393 (Purpose of compliance stage)-- Page 280, line 4, `approval.'-- omit, insert-- `approval or compliance permit.'. Page 2

 


 

Sustainable Planning Bill 2009 8 Clause 398 (Nominating document or work for compliance assessment--condition of development approval)-- Page 281, line 26 `approval'-- omit, insert-- `approval or compliance permit'. 9 Clause 398 (Nominating document or work for compliance assessment--condition of development approval)-- Page 281, line 27 `approval'-- omit, insert-- `approval or compliance permit'. 10 Clause 399 (Who may carry out compliance assessment)-- Page 283, lines 5 and 6-- omit, insert-- `local government condition, a nominated entity may'. 11 Clause 399 (Who may carry out compliance assessment)-- Page 283, after line 9-- insert-- `local government condition means a condition of-- (a) a development approval imposed by a local government as assessment manager; or (b) a compliance permit imposed by a local government as compliance assessor.'. Page 3

 


 

Sustainable Planning Bill 2009 12 Clause 452 (Registrars and other court officers)-- Page 314, lines 10 to 13-- omit, insert-- `(1) The principal registrar of the District Court at Brisbane is the principal registrar of the court. `(2) The registrars of the District Court are the registrars of the court.'. 13 Clause 453 (Registries)-- Page 314, lines 20 to 25-- omit, insert-- `(3) The registries of the court are under the control of the principal registrar. `(4) The principal registrar may give directions to the registrars and other court officers employed in the registries.'. 14 Clause 454 (Court records)-- Page 315, line 2-- omit, insert-- `(1) The principal registrar must keep records of'. 15 Clause 454 (Court records)-- Page 315, lines 6 and 7-- omit, insert-- `custody of the principal registrar.'. 16 Clause 456 (Court may make declarations and orders)-- Page 315, lines 18 and 19-- omit, insert-- Page 4

 


 

Sustainable Planning Bill 2009 `(b) the construction of this Act, planning instruments and master plans under this Act and guidelines made under section 117, 145, 627 or 630(1);'. 17 Clause 457 (Costs)-- Page 318, lines 17 and 18-- omit, insert-- `be decided under the appropriate procedure, and scale of costs, prescribed by law for'. 18 Clause 457 (Costs)-- Page 318, lines 20 to 22-- omit. 19 Clause 492 (Hearing procedures)-- Page 337, lines 25 to 29-- omit, insert-- `The procedure for hearing an appeal is to be under the rules of court and the orders or directions of the court or the Chief Judge. Note-- See section 446(4) for when an order or direction of the court or the Chief Judge prevails over the rules of court.'. 20 Clause 596 (Assessing authority may take action)-- Page 395, lines 16 to 18-- omit, insert-- `If the assessing authority is a local government, it has similar powers and may recover its costs under the Local Government Act, section 142.'. Page 5

 


 

Sustainable Planning Bill 2009 21 Clause 629 (Funding trunk infrastructure for local governments)-- Page 411, lines 13 to 15-- omit, insert-- `See the Local Government Act, chapter 4 (Finances and accountability), part 1 (Rates and charges) for a local government's power to levy rates and charges in other ways.'. 22 Clause 639 (Infrastructure charges taken to be a rate)-- Page 419, line 19, `a rate'-- omit, insert-- `rates'. 23 Clause 639 (Infrastructure charges taken to be a rate)-- Page 419, line 21, `a rate'-- omit, insert-- `rates'. 24 Clause 648 (Regulated infrastructure charges taken to be a rate)-- Page 424, line 8, `a rate'-- omit, insert-- `rates'. 25 Clause 648 (Regulated infrastructure charges taken to be a rate)-- Page 424, line 10, `a rate'-- omit, insert-- `rates'. Page 6

 


 

Sustainable Planning Bill 2009 26 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, lines 14 and 15-- omit, insert-- `(2) A regulation under the Local Government Act, section 96(c) applies for the charge--'. 27 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, line 16, `a rate'-- omit, insert-- `rates'. 28 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, line 17, `provisions to an overdue rate'-- omit, insert-- `regulation to overdue rates'. 29 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, line 19, `provisions'-- omit, insert-- `regulation'. 30 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, line 21, `provisions'-- omit, insert-- `regulation'. Page 7

 


 

Sustainable Planning Bill 2009 31 Clause 674 (Recovery of regulated State infrastructure charges)-- Page 446, lines 29 and 30-- omit, insert-- `Local Government Act, section 96 (Regulations for rates and charges).'. 32 Clause 867 (Provision for particular development applications--local heritage places)-- Page 566, line 17, `an existing application'-- omit, insert-- `a development application made under repealed IPA'. 33 Clause 867 (Provision for particular development applications--local heritage places)-- Page 566, line 24, `an existing application'-- omit, insert-- `a development application made under repealed IPA'. 34 Schedule 3 (Dictionary)-- Page 728, line 5, `1993'-- omit, insert-- `2009'. 35 Schedule 3 (Dictionary)-- Page 742, after line 14-- insert-- `Example of an interest the Minister might consider for paragraph (a)-- a tourism development involving broad economic benefits for the State or a part of the State'. Page 8

 


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