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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Urban Land Development
Authority Bill 2007
Queensland
Urban Land Development Authority Bill
2007
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3 Main purposes of Act and their achievement . . . . . . . . . . . . . . . . 20
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2 Interpretation
5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6 Development and its types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 2 Urban development areas
Division 1 Declaration and revocation of urban development areas
7 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8 Interim land use plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
9 Expiry of interim land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10 Tabling and inspection of documents adopted in declaration
regulation ..................................... 23
11 Revocation or reduction of urban development area . . . . . . . . . . 23
12 Interim local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Relationship with Integrated Planning Act
Subdivision 1 Provisions about the declaration of urban development
areas
13 Existing IPA development applications . . . . . . . . . . . . . . . . . . . . . 25
14 Existing IPA development approvals. . . . . . . . . . . . . . . . . . . . . . . 25
15 Community infrastructure designations . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2 Provisions about the cessation of urban development areas
16 Conversion of UDA development approval to IPA development
approval ..................................... 26
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Urban Land Development Authority Bill 2007
17 Outstanding UDA development applications . . . . . . . . . . . . . . . . 26
18 Provisions for converted IPA development approval. . . . . . . . . . . 27
19 Lawful uses in urban development area . . . . . . . . . . . . . . . . . . . . 27
Division 3 Relationship with particular Acts about local government
20 Relationship with the City of Brisbane Act 1924 or the Local
Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 3 Development schemes
Division 1 Making development schemes
21 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
22 Development scheme required. . . . . . . . . . . . . . . . . . . . . . . . . . . 29
23 Content of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . 29
24 Preparation of proposed development scheme . . . . . . . . . . . . . . 30
25 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Submissions on proposed scheme . . . . . . . . . . . . . . . . . . . . . . . 31
27 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Amendment of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Initial making and submission of scheme. . . . . . . . . . . . . . . . . . . 31
30 Notice of submitted scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
31 Ministerial power to amend submitted scheme at affected
owner's request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
32 Direction to authority to engage again in public notification and
submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
33 When proposed scheme takes effect . . . . . . . . . . . . . . . . . . . . . . 33
34 Notice of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Amendment of development schemes
Subdivision 1 Amendment by Minister
35 Power to amend at authority's request . . . . . . . . . . . . . . . . . . . . . 33
36 When amendment takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Notice of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 2 Amendment by authority
38 Division 1 process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 3 Tabling and inspection of development schemes
39 Tabling and inspection requirement . . . . . . . . . . . . . . . . . . . . . . . 35
Division 3 Miscellaneous provision
40 Development scheme prevails over particular instruments . . . . . 36
Part 4 Development and uses in urban development areas
Division 1 UDA development offences
41 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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Urban Land Development Authority Bill 2007
42 Carrying out UDA assessable development without UDA
development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 UDA self-assessable development must comply with
development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
44 Compliance with UDA development approval. . . . . . . . . . . . . . . . 37
45 Offence about use of premises. . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2 Protection of particular uses and rights
46 Exemption for particular IPA development approvals and
community infrastructure designations . . . . . . . . . . . . . . . . . . . . . 37
47 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . 38
48 Lawfully constructed buildings and works protected . . . . . . . . . . 38
49 Amendment of development scheme does not affect existing
IPA or UDA development approval . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Development or use carried out in emergency. . . . . . . . . . . . . . . 38
Division 3 UDA development applications
Subdivision 1 Making application
51 How to make application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2 Processing application
52 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
53 Information requests to applicant . . . . . . . . . . . . . . . . . . . . . . . . . 39
54 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
55 Deciding application generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
56 Restrictions on granting approval . . . . . . . . . . . . . . . . . . . . . . . . . 42
57 Matters to be considered in making decision . . . . . . . . . . . . . . . . 42
58 UDA development conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Restriction on giving decision notice if authority has a financial
interest ...................................... 44
Subdivision 3 Appeals
61 Right of appeal against particular conditions . . . . . . . . . . . . . . . . 45
Subdivision 4 Ministerial call in
62 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
63 Minister's power to call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Call in ends decision, approval and any appeal . . . . . . . . . . . . . . 46
65 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
66 Minister must re-decide application . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 5 Miscellaneous provisions
67 Approved material change of use required for particular
developments ................................... 48
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Urban Land Development Authority Bill 2007
68 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4 UDA development approvals
Subdivision 1 General provisions
70 What approval authorises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Duration of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
72 Approval attaches to the relevant land . . . . . . . . . . . . . . . . . . . . . 50
73 Provision for enforcement of UDA development conditions . . . . . 50
Subdivision 2 Cancellations and changes
74 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75 Application to change UDA development approval. . . . . . . . . . . . 51
Subdivision 3 Lapsing
76 When approval lapses generally . . . . . . . . . . . . . . . . . . . . . . . . . 51
77 Application to extend currency period . . . . . . . . . . . . . . . . . . . . . 52
78 Deciding extension application . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 5 Miscellaneous provisions
79 Restriction on particular land covenants . . . . . . . . . . . . . . . . . . . 53
80 Plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 5 Proceedings and related matters
Division 1 Enforcement proceedings in Planning and Environment
Court
81 Starting proceeding for enforcement order. . . . . . . . . . . . . . . . . . 54
82 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Effect of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
85 Powers about enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . 57
86 Offence to contravene enforcement order . . . . . . . . . . . . . . . . . . 58
Division 2 Proceedings for offences
87 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
88 Limitation on time for starting proceeding for summary offence. . 58
89 Orders Magistrates Court may make in offence proceeding . . . . 59
90 Offence to contravene Magistrates Court order . . . . . . . . . . . . . . 59
Division 3 Miscellaneous provisions
91 Authority's power to remedy stated public nuisance. . . . . . . . . . . 60
92 Planning and Environment Court may make declarations . . . . . . 60
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Urban Land Development Authority Bill 2007
Part 6 Urban Land Development Authority
Division 1 Establishment
93 Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
94 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
95 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2 Authority's functions and powers
96 Main function and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 61
97 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
98 Conditional disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
99 Roads and road closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
100 Power to vest land in permanently closed road or unallocated
State land in urban development areas . . . . . . . . . . . . . . . . . . . . 63
101 Special rates or charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
102 Application of special rate or charge . . . . . . . . . . . . . . . . . . . . . . 66
103 Application of local government entry powers for authority's
functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
104 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3 Membership of authority
105 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
106 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
107 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
108 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 69
109 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
110 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
111 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
112 Protection of members from civil liability . . . . . . . . . . . . . . . . . . . 71
Division 4 Meetings and other business of authority
113 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
114 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
115 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
116 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
117 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
118 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
119 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 5 Staff of authority
120 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
121 Preservation of rights of chief executive officer . . . . . . . . . . . . . . 73
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122 Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 6 Identity cards for particular employees and agents
123 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
124 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 74
125 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 7 Miscellaneous provisions
126 Report about person's criminal history for particular
appointments .................................. 75
127 Recovery of special rate or charge. . . . . . . . . . . . . . . . . . . . . . . . 76
128 Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
129 Giving information about roads to relevant local government. . . . 77
130 Ministerial directions or guidelines to the authority. . . . . . . . . . . . 78
131 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 78
132 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
133 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
134 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
135 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
136 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 7 Miscellaneous provisions
Division 1 Directions by Governor in Council
137 Direction to government entity or local government to accept
transfer ....................................... 81
138 Direction to government entity or local government to provide or
maintain infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 2 Other miscellaneous provisions
139 Exchange of documents and information with other entities with
planning or registration functions . . . . . . . . . . . . . . . . . . . . . . . . . 82
140 Executive officer must ensure corporation does not commit
particular offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
141 Giving authority a false or misleading document . . . . . . . . . . . . . 84
142 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
143 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
144 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
145 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
146 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 8 Amendment of Integrated Planning Act 1997
147 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
148 Amendment of s 1.4.4 (New planning instruments can not affect
existing development approvals) . . . . . . . . . . . . . . . . . . . . . . . . . 86
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149 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . 86
150 Insertion of new s 2.1.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
2.1.4A Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
151 Amendment of s 2.1.10 (Extent of effect of temporary local
planning instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
152 Amendment of s 2.1.23 (Local planning instruments have
force of law) ................................... 87
153 Amendment of s 2.5.1 (What are regions) . . . . . . . . . . . . . . . . . . 87
154 Replacement of ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Part 5A Regional planning in designated regions
Division 1 Preliminary
2.5A.1 Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 87
2.5A.2 What is a designated region. . . . . . . . . . . . . . . . . . . . 87
Division 2 Regional coordination committees
2.5A.3 Establishment of regional coordination committee . . . 88
2.5A.4 Function of regional coordination committee . . . . . . . 88
2.5A.5 Membership of regional coordination committee . . . . 88
2.5A.6 Dissolution of regional coordination committee . . . . . 89
2.5A.7 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
2.5A.8 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 89
2.5A.9 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 3 Regional plans for designated regions
2.5A.10 What is a regional plan. . . . . . . . . . . . . . . . . . . . . . . . 90
2.5A.11 Key elements of regional plan . . . . . . . . . . . . . . . . . . 90
Division 4 Preparing and making regional plans
2.5A.12 Regional planning Minister to prepare draft regional
plan ................................ 91
2.5A.13 Notice of and public consultation on draft regional
plan ................................ 91
2.5A.14 Making regional plan . . . . . . . . . . . . . . . . . . . . . . . . . 92
2.5A.15 Notice of making of regional plan . . . . . . . . . . . . . . . . 92
Division 5 Amending or replacing regional plans
2.5A.16 Regional planning Minister may amend or replace
regional plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
2.5A.17 How regional plan is amended or replaced . . . . . . . . 93
2.5A.18 Particular amendments of regional plan. . . . . . . . . . . 94
Division 6 Effect of regional plans
2.5A.19 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
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2.5A.20 Local governments to amend planning schemes to
reflect regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . 95
2.5A.21 Effect of regional plan on other plans, policies or
codes ............................... 96
Part 5B Master planning for particular areas of State
interest
Division 1 Preliminary
2.5B.1 Purpose of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2 Master planned areas
2.5B.2 Identification of master planned areas . . . . . . . . . . . . 98
2.5B.3 Master planned area declarations . . . . . . . . . . . . . . . 98
2.5B.4 Restriction on particular development applications in
master planned area . . . . . . . . . . . . . . . . . . . . . . . . . 99
2.5B.5 Notation of master planned areas on planning
scheme ............................. 100
Division 3 Structure plans for master planned areas
declared by the Minister
2.5B.6 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
2.5B.7 Local government's obligation to have structure plan. 100
2.5B.8 Content of structure plan . . . . . . . . . . . . . . . . . . . . . . 100
2.5B.9 Relationship with schs 8 and 9. . . . . . . . . . . . . . . . . . 102
2.5B.10 Provisions for making structure plan . . . . . . . . . . . . . 102
2.5B.11 Provisions for new planning schemes . . . . . . . . . . . . 103
2.5B.12 When structure plan takes effect . . . . . . . . . . . . . . . . 103
Division 4 General provisions about master plans
2.5B.13 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
2.5B.14 Local government approval required . . . . . . . . . . . . . 104
2.5B.15 Content of master plan . . . . . . . . . . . . . . . . . . . . . . . . 104
2.5B.16 Relationship with schs 8 and 9. . . . . . . . . . . . . . . . . . 106
2.5B.17 Relationship with local planning instruments . . . . . . . 106
2.5B.18 Master plan attaches to land in master planning unit . 106
2.5B.19 New planning instruments can not affect approved
master plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
2.5B.20 When master plan ceases to have effect . . . . . . . . . . 107
Division 5 Applying for and obtaining approval of
proposed master plan
Subdivision 1 Application stage for proposed master plan
2.5B.21 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
2.5B.22 Requirements for application . . . . . . . . . . . . . . . . . . . 107
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Subdivision 2 Information and response stage
2.5B.23 Local government gives application to coordinating
agency .............................. 108
2.5B.24 Request for information from applicant. . . . . . . . . . . . 108
2.5B.25 Applicant responds to any request for information . . . 110
2.5B.26 Lapsing of application if applicant does not respond . 111
Subdivision 3 Consultation stage
2.5B.27 When consultation is required . . . . . . . . . . . . . . . . . . 111
2.5B.28 Content requirements for public notice. . . . . . . . . . . . 111
2.5B.29 When public notice must be given . . . . . . . . . . . . . . . 112
2.5B.30 Notice to comply with public notice requirement . . . . 113
2.5B.31 Lapsing of application if notice not complied with . . . 113
2.5B.32 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . 113
2.5B.33 Distribution of submissions. . . . . . . . . . . . . . . . . . . . . 114
Subdivision 4 State government decision stage
2.5B.34 Assessment by participating agency and
coordinating agency . . . . . . . . . . . . . . . . . . . . . . . . . . 114
2.5B.35 Participating agency's response. . . . . . . . . . . . . . . . . 115
2.5B.36 Participating agency's response powers . . . . . . . . . . 116
2.5B.37 Coordinating agency's assessment . . . . . . . . . . . . . . 116
2.5B.38 Resolution of conflict by Minister . . . . . . . . . . . . . . . . 117
2.5B.39 Coordinating agency's decision . . . . . . . . . . . . . . . . . 117
Subdivision 5 Local government decision stage
2.5B.40 Decision making period . . . . . . . . . . . . . . . . . . . . . . . 118
2.5B.41 Assessment by local government. . . . . . . . . . . . . . . . 118
2.5B.42 Local government's decision generally. . . . . . . . . . . . 119
2.5B.43 Restrictions on giving approval . . . . . . . . . . . . . . . . . 120
2.5B.44 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
2.5B.45 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
2.5B.46 Representations about conditions and other matters. 123
2.5B.47 Applicant may suspend applicant's appeal period . . . 124
2.5B.48 When approval takes effect . . . . . . . . . . . . . . . . . . . . 125
Subdivision 6 Ministerial directions about application
2.5B.49 Ministerial directions to local government . . . . . . . . . 125
2.5B.50 Ministerial directions to applicant . . . . . . . . . . . . . . . . 126
Subdivision 7 Miscellaneous provisions
2.5B.51 Agreements about master plan . . . . . . . . . . . . . . . . . 126
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2.5B.52 Native Title Act (Cwlth) . . . . . . . . . . . . . . . . . . . . . . . . 126
2.5B.53 Substantial compliance . . . . . . . . . . . . . . . . . . . . . . . 127
2.5B.54 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . 127
2.5B.55 Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . 128
2.5B.56 Additional third party advice or comment . . . . . . . . . . 128
2.5B.57 Public scrutiny of application and related material . . . 129
Division 6 Miscellaneous provisions about master plans
2.5B.58 Modified application of provisions about
infrastructure for master plan . . . . . . . . . . . . . . . . . . . 130
2.5B.59 Application to amend master plan . . . . . . . . . . . . . . . 130
2.5B.60 Cancellation of master plan by local government. . . . 131
Division 7 Development applications in declared master
planned areas
2.5B.61 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
2.5B.62 Relationship with IDAS . . . . . . . . . . . . . . . . . . . . . . . . 131
2.5B.63 Modified application of sch 8 if application relates to
particular development . . . . . . . . . . . . . . . . . . . . . . . . 132
2.5B.64 Exclusion of particular agencies as a referral agency 133
2.5B.65 Exclusion of particular provisions about making
application ........................... 134
2.5B.66 Additional provisions for when application is properly
made ............................... 134
2.5B.67 Provision about approval of master plan . . . . . . . . . . 135
2.5B.68 Decision must not be contrary to master plan . . . . . . 135
2.5B.69 Assessable development requiring code assessment 135
2.5B.70 Assessable development requiring impact
assessment .......................... 136
2.5B.71 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
2.5B.72 Additional restriction on starting of development . . . . 138
2.5B.73 Notation of master plan on planning scheme . . . . . . . 138
Division 8 Funding of master planning
2.5B.74 Agreement to fund structure plan . . . . . . . . . . . . . . . . 139
2.5B.75 Special charge for making a structure plan . . . . . . . . 139
Part 5C State planning regulatory provisions
Division 1 General provisions
2.5C.1 Power to make State planning regulatory provision . . 141
2.5C.2 Restriction on making State planning regulatory
provision ............................ 141
2.5C.3 Content of State planning regulatory provision . . . . . 142
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2.5C.4 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
2.5C.5 Relationship with other planning instruments. . . . . . . 143
2.5C.6 Status of State planning regulatory provision. . . . . . . 143
2.5C.7 Particular State planning regulatory provisions to
be ratified by Parliament. . . . . . . . . . . . . . . . . . . . . . . 143
2.5C.8 State planning regulatory provisions that are subject
to disallowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
Division 2 Making State planning regulatory provisions
2.5C.9 Notice of and public consultation on draft State
planning regulatory provision . . . . . . . . . . . . . . . . . . . 144
2.5C.10 Making State planning regulatory provision . . . . . . . . 145
2.5C.11 Notice and taking effect of State planning regulatory
provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 3 Effect of drafts and draft amendments
2.5C.12 Effect of draft State planning regulatory provision
and draft amendments . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 4 Amendment or repeal of State planning
regulatory provisions
2.5C.13 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 147
2.5C.14 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 147
2.5C.15 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
155 Amendment of s 2.6.7 (Matters the Minister must consider
before designating land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
156 Amendment of s 3.1.1 (What is IDAS) . . . . . . . . . . . . . . . . . . . . . 149
157 Amendment of s 3.1.2 (Development under this Act) . . . . . . . . . . 149
158 Amendment of s 3.1.3 (Code and impact assessment for
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
159 Amendment of s 3.1.4 (When is a development permit
necessary) .................................... 150
160 Amendment of s 3.1.6 (Preliminary approval may override a
local planning instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
161 Amendment of s 3.1.8 (Referral agencies for development
applications) .................................. 150
162 Amendment of s 3.2.1 (Applying for development approval) . . . . 151
163 Amendment of s 3.3.15 (Referral agency assesses application) . 151
164 Amendment of s 3.3.17 (How a concurrence agency may
change its response) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
165 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . 152
166 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . 152
167 Amendment of s 3.5.5A (Assessment for s 3.1.6 preliminary
approvals that override a local planning instrument) . . . . . . . . . . 152
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168 Amendment of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . 153
169 Amendment of s 3.5.13 (Decision if application requires code
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
170 Amendment of s 3.5.14 (Decision if application requires impact
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
171 Amendment of s 3.5.14A (Decision if application under s 3.1.6
requires assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
172 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . 154
173 Amendment of s 3.5.17 (Changing conditions and other
matters during the applicant's appeal period) . . . . . . . . . . . . . . . 154
174 Amendment of s 3.5.20 (When development may start) . . . . . . . 155
175 Amendment of s 3.5.27 (Certain approvals to be recorded on
planning scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
176 Amendment of s 3.5.31 (Conditions generally) . . . . . . . . . . . . . . 155
177 Replacement of ch 3, pt 6, div 1. . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 1 Ministerial directions
3.6.1 Ministerial directions to assessment managers . . . . . 156
3.6.2 Ministerial directions to concurrence agencies. . . . . . 157
3.6.3 Ministerial directions to applicants . . . . . . . . . . . . . . . 158
178 Amendment of s 3.6.7 (Effect of call in) . . . . . . . . . . . . . . . . . . . . 159
179 Amendment of s 4.1.21 (Court may make declarations) . . . . . . . 160
180 Amendment of s 4.1.23 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . 160
181 Amendment of s 4.1.26 (Evidence of planning schemes) . . . . . . 160
182 Insertion of new s 4.1.30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
4.1.30A Appeals by applicant for approval of a proposed
master plan ............................. 161
183 Replacement of s 4.1.36 (Appeals about infrastructure charges) 161
4.1.36 Appeals about particular infrastructure charges. . . . . 161
184 Amendment of s 4.1.42 (Notice of appeal to other parties (div
9)) ...................................... 162
185 Amendment of s 4.1.43 (Respondent and co-respondents for
appeals under div 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
186 Amendment of s 4.1.50 (Who must prove case) . . . . . . . . . . . . . 162
187 Amendment of s 4.1.52 (Appeal by way of hearing anew) . . . . . . 163
188 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . 163
189 Replacement of s 4.3.5A (Compliance with the SEQ regional
plan) ......................................... 164
4.3.5A Compliance with State planning regulatory provisions 164
4.3.5B Compliance with master plans . . . . . . . . . . . . . . . . . . 164
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190 Amendment of s 4.3.6 (General exemption for emergency
development or use). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
191 Amendment of s 4.3.7 (Giving a false or misleading document) . 164
192 Amendment of s 4.3.13 (Specific requirements of enforcement
notice) ........................................ 165
193 Amendment of s 4.3.16 (Processing application required by
enforcement or show cause notice) . . . . . . . . . . . . . . . . . . . . . . . 165
194 Amendment of s 4.3.20 (Magistrates Court may make orders) . . 165
195 Amendment of s 4.4.13 (Evidentiary aids generally) . . . . . . . . . . 166
196 Amendment of s 5.1.1 (Purpose of pt 1) . . . . . . . . . . . . . . . . . . . 166
197 Amendment of s 5.1.5 (Making or amending infrastructure
charges schedules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
198 Amendment of s 5.1.15 (Regulated infrastructure charge) . . . . . 167
199 Amendment of s 5.1.16 (Adopting and notifying regulated
infrastructure charges schedule) . . . . . . . . . . . . . . . . . . . . . . . . . 167
200 Amendment of s 5.2.3 (Matters certain infrastructure
agreements must contain) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
201 Amendment of s 5.2.6 (Exercise of discretion unaffected by
infrastructure agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
202 Amendment of s 5.2.7 (Infrastructure agreements prevail if
inconsistent with development approval) . . . . . . . . . . . . . . . . . . . 168
203 Insertion of new ch 5, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Part 3 Funding of State infrastructure in master
planned areas
5.3.1 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
5.3.2 Power to make regulated State infrastructure
charges schedule for master planned area . . . . . . . . 169
5.3.3 Content of regulated State infrastructure charges
schedule ............................. 170
5.3.4 Regulated State infrastructure charges notice . . . . . . 170
5.3.5 When regulated State infrastructure charge is
payable ............................. 171
5.3.6 Application of regulated State infrastructure charge . 171
5.3.7 Accounting for regulated State infrastructure charges 171
5.3.8 Infrastructure agreements about, and alternatives
to paying regulated State infrastructure charges . . . . 172
5.3.9 Recovery of regulated State infrastructure charges . . 172
204 Amendment of s 5.4.4 (Limitations on compensation under
ss 5.4.2 and 5.4.3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
205 Amendment of s 5.5.1 (Local government may take or
purchase land) ................................. 173
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206 Amendment of s 5.7.2 (Documents local government must
keep available for inspection and purchase) . . . . . . . . . . . . . . . . 173
207 Amendment of s 5.7.3 (Documents local government must
keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . 174
208 Amendment of s 5.7.6 (Documents chief executive must keep
available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . 175
209 Amendment of s 5.7.9 (Limited planning and development
certificates) .................................... 175
210 Amendment of s 5.7.10 (Standard planning and development
certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
211 Amendment of s 5.7.11 (Full planning and development
certificates) .................................... 176
212 Amendment of s 5.8.1 (When EIS process applies). . . . . . . . . . . 177
213 Amendment of s 5.8.2 (Purpose of EIS process) . . . . . . . . . . . . . 177
214 Amendment of s 5.8.3 (Applying for terms of reference) . . . . . . . 177
215 Amendment of s 5.8.4 (Draft terms of reference for EIS) . . . . . . . 177
216 Amendment of s 5.8.5 (Terms of reference for EIS) . . . . . . . . . . . 178
217 Amendment of s 5.8.7 (Public notification of draft EIS) . . . . . . . . 178
218 Amendment of s 5.8.9 (Chief executive evaluates draft EIS,
submissions and other relevant material). . . . . . . . . . . . . . . . . . . 178
219 Amendment of s 5.8.13 (Who the chief executive must give EIS
and other material to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
220 Amendment of s 5.9.9 (Chief executive may issue guidelines) . . 179
221 Amendment of s 6.1.29 (Assessing applications (other than
against the building assessment provisions)). . . . . . . . . . . . . . . . 179
222 Amendment of s 6.1.30 (Deciding applications (other than
under the building assessment provisions)) . . . . . . . . . . . . . . . . . 179
223 Amendment of s 6.1.45A (Development control plans under
repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
224 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Part 8 Transitional provisions for Urban Land
Development Authority Act 2007
Division 1 Provisions for SEQ regional plan
6.8.1 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
6.8.2 SEQ region becomes a designated region. . . . . . . . . 181
6.8.3 SEQ regional plan becomes the regional plan for
the SEQ region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
6.8.4 Regulatory provisions included in SEQ regional plan
become State planning regulatory provisions . . . . . . 181
6.8.5 References in SEQ regional plan and regulatory
provisions ............................ 182
6.8.6 Local growth management strategy . . . . . . . . . . . . . . 182
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Urban Land Development Authority Bill 2007
6.8.7 Structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
6.8.8 Major development areas . . . . . . . . . . . . . . . . . . . . . . 183
6.8.9 Existing SEQ regional coordination committee . . . . . 183
6.8.10 Effect of regional plan for assessing and deciding
applications under transitional planning schemes . . . 183
Division 2 Provisions for chapter 2, part 5B
6.8.11 Master plans prevail over conditions of rezoning
approvals under repealed Act. . . . . . . . . . . . . . . . . . . 184
6.8.12 Transition of validated planning documents to master
planning documents . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Division 3 Miscellaneous provision
6.8.13 Rezoning agreements under previous Acts . . . . . . . . 185
225 Amendment of sch 1 (Process for making or amending planning
schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
226 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Schedule 1A Process for amending planning scheme to
include a structure plan
Part 1 Making of structure plan amendment
1 Master planning process . . . . . . . . . . . . . . . . . . . . . . 187
2 Proposing a structure plan . . . . . . . . . . . . . . . . . . . . . 188
Part 2 Consideration of State interests and
consultation stage
3 Considering proposed structure plan amendment for
adverse effects on State interests . . . . . . . . . . . . . . . 188
4 Consultation on the proposed structure plan
amendment .......................... 189
5 Resolution of conflict . . . . . . . . . . . . . . . . . . . . . . . . . 189
Part 3 Consideration of State interests and
notification stage
6 Decision on proceeding with proposed structure plan
amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
7 Reconsidering proposed structure plan amendment
for adverse effects on State interests . . . . . . . . . . . . . 191
8 Public notice of, and access to, proposed structure
plan amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
9 Public access to proposed structure plan
amendment .......................... 192
10 Consideration of submissions . . . . . . . . . . . . . . . . . . 193
11 Minimum notification requirements for consultation . . 193
12 Reporting to persons who made submissions about
proposed structure plan amendment . . . . . . . . . . . . . 193
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Urban Land Development Authority Bill 2007
Part 4 Adoption stage
13 Decision on proceeding with proposed structure plan
amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
14 Reconsidering proposed structure plan amendment
for adverse affects on State interests . . . . . . . . . . . . . 194
15 Adopting proposed structure plan amendment . . . . . 195
16 Public notice of adoption of, and access to, structure
plan amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
17 Copy of notice and structure plan amendment to
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
227 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
228 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 199
229 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 199
Part 9 Amendment of Land Act 1994
230 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
231 Amendment of s 16 (Deciding appropriate tenure) . . . . . . . . . . . 206
232 Amendment of s 33 (Revocation of reserve) . . . . . . . . . . . . . . . . 206
233 Amendment of s 38 (Cancelling a deed of grant in trust) . . . . . . . 206
234 Amendment of s 122 (Deeds of grant of unallocated State land). 206
235 Amendment of s 290J (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
236 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 207
Part 10 Amendment of Land Title Act 1994
237 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
238 Amendment of s 50 (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
239 Amendment of s 65 (Requirements of instrument of lease) . . . . . 208
240 Amendment of s 83 (Registration of easement) . . . . . . . . . . . . . . 208
241 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 209
Part 11 Amendment of Nuclear Facilities Prohibition Act 2007
242 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
243 Amendment of s 8 (No development approval or mining
tenement for a nuclear facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Part 12 Amendment of Public Service Act 1996
244 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
245 Amendment of sch 1 (Public service offices and their heads) . . . 210
Part 13 Amendment of Transport Infrastructure Act 1994
246 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
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Urban Land Development Authority Bill 2007
247 Amendment of s 49 (Assessment of impacts on State-controlled
roads from certain activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
248 Amendment of s 50 (Ancillary works and encroachments) . . . . . 210
Part 14 Amendment of Vegetation Management Act 1999
249 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
250 Amendment of s 22A (Particular vegetation clearing applications
may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
2007
A Bill
for
An Act for the development of land in particular parts of the
State, and for related purposes
s1 20 s3
Urban Land Development Authority Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Urban Land Development 5
Authority Act 2007. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Main purposes of Act and their achievement 9
(1) For achieving its main purposes, this Act-- 10
(a) provides for particular parts of the State to be declared 11
as areas called urban development areas; and 12
(b) establishes the Urban Land Development Authority to 13
plan, carry out, promote or coordinate and control, the 14
development of land in those areas. 15
(2) The main purposes of this Act are to facilitate the following in 16
the areas-- 17
(a) the availability of land for urban purposes; 18
(b) the provision of a range of housing options to address 19
diverse community needs; 20
(c) the provision of infrastructure for urban purposes; 21
(d) planning principles that give effect to ecological 22
sustainability and best practice urban design; 23
(e) the provision of an ongoing availability of affordable 24
housing options for low to moderate income 25
households. 26
s4 21 s6
Urban Land Development Authority Bill 2007
(3) In this section-- 1
ecological sustainability means a balance that integrates-- 2
(a) protection of ecological processes and natural systems 3
at local, regional, State and wider levels; and 4
(b) economic development; and 5
(c) maintenance of the cultural, economic, physical and 6
social wellbeing of people and communities. 7
range of housing options, to address diverse community 8
needs, means the range of housing required to meet the range 9
of community needs, including, for example, housing of 10
different size, type, price, built form, density, cost, 11
adaptability and tenure. 12
4 Act binds all persons 13
(1) This Act binds all persons including the State and, to the 14
extent the legislative power of the Parliament permits, the 15
Commonwealth and the other States. 16
(2) Nothing in this Act makes the State liable to be prosecuted for 17
an offence. 18
Division 2 Interpretation 19
5 Definitions 20
The dictionary in the schedule defines particular words used 21
in this Act. 22
6 Development and its types 23
(1) Development is development as defined under the Integrated 24
Planning Act, section 1.3.2. 25
(2) UDA assessable development is development that a 26
development scheme provides is UDA assessable 27
development. 28
s7 22 s9
Urban Land Development Authority Bill 2007
(3) UDA self-assessable development is development that a 1
development scheme provides is UDA self-assessable 2
development. 3
(4) Development other than UDA assessable development or 4
UDA self-assessable development is UDA exempt 5
development. 6
Part 2 Urban development areas 7
Division 1 Declaration and revocation of urban 8
development areas 9
7 Declaration 10
(1) A regulation (a declaration regulation) may declare a part of 11
the State to be an urban development area. 12
(2) In making the declaration, regard must be had to the main 13
purposes of this Act. 14
8 Interim land use plan required 15
(1) A declaration regulation must make an interim land use plan 16
regulating development in the urban development area 17
declared under it. 18
(2) The plan may provide for any matter mentioned in section 19
23(2)(a) or (3). 20
(3) Until a development scheme for the area takes effect, the plan 21
has effect as if a development scheme were in force for the 22
area and the interim land use plan was the land use plan 23
included in the development scheme. 24
9 Expiry of interim land use plan 25
(1) An interim land use plan for an urban development area 26
expires 12 months after it commences. 27
s 10 23 s 11
Urban Land Development Authority Bill 2007
(2) However, a regulation may make a new land use plan for the 1
urban development area. 2
(3) Section 8(2) and (3) applies to the new land use plan. 3
10 Tabling and inspection of documents adopted in 4
declaration regulation 5
(1) This section applies if-- 6
(a) a declaration regulation makes an interim land use plan 7
by adopting, applying or incorporating all or part of 8
another document (the adopted provisions); and 9
(b) the adopted provisions are not part of, or attached to, the 10
regulation. 11
(2) The Minister must, when the regulation is tabled in the 12
Legislative Assembly under the Statutory Instruments Act 13
1992, section 49, also table a copy of the adopted provisions. 14
Note-- 15
The authority must keep a register of interim land use plans as amended 16
from time to time, and publish them on its website. See section 132. 17
(3) A failure to comply with this section does not invalidate or 18
otherwise affect the regulation. 19
11 Revocation or reduction of urban development area 20
(1) This section applies if it is proposed to amend or revoke a 21
declaration regulation (the UDA change) so that land in an 22
urban development area will no longer be in an urban 23
development area. 24
(2) Subject to subsection (4), the Minister may, by notice to the 25
relevant local government, make an amendment of the local 26
government's planning instruments to provide for the land 27
(the planning instrument change). 28
(3) On the giving of the notice, the planning instrument change is, 29
for the Integrated Planning Act, taken to have been made by 30
the local government. 31
(4) The Integrated Planning Act, sections 2.1.5, 2.1.12 and 2.1.19 32
and schedules 1, 2 and 3 do not apply for the making of the 33
planning instrument change. 34
s 12 24 s 12
Urban Land Development Authority Bill 2007
(5) Before making the planning instrument change, the Minister 1
must-- 2
(a) give the relevant local government the proposed 3
planning instrument change; and 4
(b) invite it to, within 40 business days after it is given the 5
proposed amendment, make submissions to the Minister 6
about the proposed planning instrument change; and 7
(c) consider any submissions made under paragraph (b). 8
(6) The UDA change may be made only if the Minister has made 9
the planning instrument change. 10
(7) The planning instrument change takes effect at the same time 11
as the UDA change. 12
12 Interim local laws 13
(1) This section applies if land ceases to be in an urban 14
development area and, immediately before the cessation, 15
by-laws applied to the area. 16
(2) A regulation may make a local law (the interim local law) for 17
the land, about any matter provided for under the by-laws. 18
(3) However, the regulation may be made only if the relevant 19
local government has agreed to the making of the regulation. 20
(4) For the Local Government Act 1993, the interim local law is 21
taken to have been made under that Act by the relevant local 22
government. 23
(5) The interim local law expires 12 months after it commences. 24
s 13 25 s 15
Urban Land Development Authority Bill 2007
Division 2 Relationship with Integrated 1
Planning Act 2
Subdivision 1 Provisions about the declaration of 3
urban development areas 4
13 Existing IPA development applications 5
(1) This section applies if, immediately before the declaration of 6
an area as an urban development area-- 7
(a) an IPA development application had been made for land 8
in the area; and 9
(b) the application was a properly made application and had 10
not lapsed under that Act; and 11
(c) the application had not been decided. 12
(2) Despite the declaration, the application must be decided under 13
the Integrated Planning Act, and that Act continues to apply, 14
as if the land were not land in an urban development area. 15
14 Existing IPA development approvals 16
If, immediately before the declaration of an area as an urban 17
development area, an IPA development approval is in effect 18
for land in the area, the approval continues in effect as an IPA 19
development approval. 20
15 Community infrastructure designations 21
(1) A community infrastructure designation can not be made for 22
land in an urban development area. 23
(2) However, a community infrastructure designation in force 24
immediately before the declaration of the urban development 25
area continues in force for the land. 26
(3) Subsection (1) applies, despite the Integrated Planning Act, 27
chapter 2, part 6. 28
Note-- 29
See also part 4, division 2 (Protection of particular uses and rights). 30
s 16 26 s 17
Urban Land Development Authority Bill 2007
Subdivision 2 Provisions about the cessation of 1
urban development areas 2
16 Conversion of UDA development approval to IPA 3
development approval 4
(1) This section applies if-- 5
(a) land ceases to be in an urban development area; and 6
(b) immediately before the cessation, a UDA development 7
approval was in force for the land. 8
(2) On the cessation, the UDA development approval is taken to 9
be an IPA development approval for the land that took effect 10
at the same time as the UDA development approval. 11
(3) However, if an appeal under section 61 has been started, or is 12
started within 20 business days after the cessation, the appeal 13
may be decided under that section as if the cessation had not 14
happened. 15
17 Outstanding UDA development applications 16
(1) This section applies if-- 17
(a) land ceases to be in an urban development area; and 18
(b) immediately before the cessation, a UDA development 19
application had been made for the land but not decided. 20
(2) Despite the cessation, the application must continue to be 21
decided under this Act as if-- 22
(a) the land were still in an urban development area; and 23
(b) the application were being decided on the day before the 24
cessation. 25
(3) If a UDA development approval is granted because of the 26
application, the approval is, immediately after it takes effect 27
under this Act, taken to be an IPA development approval. 28
s 18 27 s 19
Urban Land Development Authority Bill 2007
18 Provisions for converted IPA development approval 1
(1) This section applies for a UDA development approval that, 2
under section 16(2) or 17(3), becomes an IPA development 3
approval. 4
(2) UDA development conditions stated in the UDA development 5
approval are taken to be conditions of the IPA development 6
approval. 7
(3) The Integrated Planning Act, section 4.1.27 does not apply to 8
the IPA development approval or the conditions, or a decision 9
relating to any of them. 10
(4) To remove any doubt, it is declared that subsection (3) does 11
not limit or otherwise affect any appeal mentioned in section 12
16(3). 13
(5) The assessing authority under the Integrated Planning Act for 14
the IPA development approval is taken to be the entity that 15
would have been the assessing authority had-- 16
(a) the relevant land never been in an urban development 17
area; and 18
(b) an IPA development application been made for the 19
relevant development when the UDA development 20
application for the UDA development approval was 21
made. 22
(6) A person other than the assessing authority under subsection 23
(5) can not bring a proceeding under the Integrated Planning 24
Act, section 4.1.21 in relation to the IPA development 25
approval or the conditions. 26
Editor's note-- 27
Integrated Planning Act, sections 4.1.21 (Court may make declarations) 28
and 4.1.27 (Appeals by applicants) 29
19 Lawful uses in urban development area 30
If-- 31
(a) under an Act, a use of premises in an urban development 32
area is a lawful use of the premises; and 33
(b) the premises ceases to be in an urban development area; 34
s 20 28 s 21
Urban Land Development Authority Bill 2007
the use is taken to be a lawful use of the premises under the 1
Integrated Planning Act. 2
Division 3 Relationship with particular Acts 3
about local government 4
20 Relationship with the City of Brisbane Act 1924 or the 5
Local Government Act 1993 6
(1) The declaration of an area as an urban development area does 7
not affect-- 8
(a) the operation of the City of Brisbane Act 1924 or the 9
Local Government Act 1993 in relation to the area; or 10
(b) the area of the relevant local government; or 11
(c) the jurisdiction, under the Acts, of the relevant local 12
government. 13
(2) However, the performance of the relevant local government's 14
functions or the exercise of its powers under the Acts is 15
subject to the authority's functions or powers under this Act. 16
(3) Subsection (1) is subject to section 104. 17
Part 3 Development schemes 18
Division 1 Making development schemes 19
21 Application of div 1 20
This division applies on the declaration of an urban 21
development area. 22
s 22 29 s 23
Urban Land Development Authority Bill 2007
22 Development scheme required 1
(1) Subject to the other provisions of this division, the authority 2
must make a development scheme for the area as soon as 3
practicable after the making of the declaration. 4
(2) The development scheme is a statutory instrument and has the 5
force of law. 6
23 Content of development scheme 7
(1) The development scheme may provide for any matter that the 8
authority considers will promote the proper and orderly 9
planning, development and management of the area. 10
(2) The development scheme must include-- 11
(a) a land use plan regulating development in the area; and 12
(b) a plan for infrastructure in the area; and 13
(c) an implementation strategy to achieve the main purposes 14
of this Act for the area, to the extent they are not 15
achieved by the land use plan or infrastructure plan. 16
(3) Without limiting subsection (2)(a), the land use plan may-- 17
(a) provide for any matter about which a planning 18
instrument may provide for an area; or 19
(b) prohibit the carrying out of particular assessable 20
development; or 21
(c) identify any UDA assessable development or UDA 22
self-assessable development in the area; or 23
(d) state that particular development is consistent or 24
inconsistent with the plan; or 25
(e) require public notice of UDA development applications 26
for stated UDA assessable development in the area. 27
(4) Despite subsections (1) and (2), the development scheme is 28
subject to part 4, division 2. 29
(5) In making the development scheme, the authority must 30
consider, but is not bound by, a requirement under any of the 31
following relevant to the area-- 32
(a) a planning instrument; 33
s 24 30 s 25
Urban Land Development Authority Bill 2007
(b) a plan, policy or code made under the Integrated 1
Planning Act or another Act. 2
24 Preparation of proposed development scheme 3
(1) The authority must, as soon as practicable, prepare a proposed 4
development scheme for the area. 5
(2) However, before preparing the proposed scheme, the 6
authority-- 7
(a) must consult, in the way it considers appropriate, with 8
the relevant local government; and 9
(b) must make reasonable endeavours to consult, in the way 10
it considers appropriate, with any of the following the 11
authority considers will be likely to be affected by a 12
development scheme for the area-- 13
(i) a government entity or GOC; 14
(ii) another person or entity. 15
25 Public notification 16
(1) After preparing the proposed development scheme, the 17
authority must-- 18
(a) publish the proposed scheme on its website; and 19
(b) in a gazette notice-- 20
(i) state that the proposed scheme may be inspected 21
on the authority's website; and 22
(ii) invite anyone to make submissions on the proposed 23
scheme within a stated period fixed by the 24
authority (the submission period); and 25
(c) publish a notice to the same effect as the gazette notice 26
at least once in a newspaper circulating in the area of the 27
relevant local government. 28
(2) The submission period must end at least 30 business days 29
after it starts. 30
s 26 31 s 29
Urban Land Development Authority Bill 2007
26 Submissions on proposed scheme 1
Anyone may make submissions about the proposed 2
development scheme within the submission period. 3
27 Consideration of submissions 4
(1) The authority must consider any submissions received within 5
the submission period. 6
(2) Subsection (1) does not prevent the authority from 7
considering a submission made to it after the submission 8
period has ended. 9
28 Amendment of proposed scheme 10
(1) After complying with section 27, the authority may amend the 11
proposed development scheme in any way it considers 12
appropriate. 13
(2) If the authority considers the amendment significantly 14
changes the proposed scheme, it must re-comply with sections 15
25 and 27 for the amended scheme. 16
29 Initial making and submission of scheme 17
(1) The authority must, as soon as practicable after complying 18
with section 27 and 28, make the development scheme (the 19
submitted scheme) and give it to the Minister. 20
(2) The submitted scheme must be accompanied by a report 21
that-- 22
(a) summarises the submissions considered by the 23
authority; and 24
(b) is about-- 25
(i) the merits of the submissions; and 26
(ii) to what extent the proposed development scheme 27
was amended to reflect the submissions. 28
s 30 32 s 32
Urban Land Development Authority Bill 2007
30 Notice of submitted scheme 1
The authority must, as soon as practicable after giving the 2
Minister the submitted scheme, give each person (a submitter) 3
who made a submission received within the submission 4
period about the scheme a notice stating that-- 5
(a) the scheme has been made and submitted to the 6
Minister; and 7
(b) the authority's report about the submitted scheme can be 8
inspected on its website; and 9
(c) if the submitter is an affected owner for the relevant 10
urban development area--that the submitter may, within 11
20 business days after receiving the notice, ask the 12
Minister to amend the submitted scheme to protect the 13
owner's interests. 14
31 Ministerial power to amend submitted scheme at affected 15
owner's request 16
(1) The Minister may amend the submitted scheme in a way the 17
Minister considers appropriate to protect an affected owner's 18
interests. 19
(2) However, the amendment may be made only if-- 20
(a) the affected owner has, within 20 business days after 21
being given notice of the submitted scheme under 22
section 30, asked the Minister to amend it to protect the 23
owner's interests; and 24
(b) the amendment is made within 40 business days after 25
the submitted scheme was given to the Minister. 26
32 Direction to authority to engage again in public 27
notification and submissions 28
If the Minister considers an amendment of the submitted 29
scheme significantly changes the submitted scheme, the 30
Minister must give the authority a written direction to 31
re-comply with sections 25, 27, 28 and 29 for the submitted 32
scheme as amended. 33
s 33 33 s 35
Urban Land Development Authority Bill 2007
33 When proposed scheme takes effect 1
The development scheme does not take effect until it has been 2
approved under a regulation. 3
Note-- 4
For UDA development applications, see however section 57 (Matters to 5
be considered in making decision). 6
34 Notice of development scheme 7
The authority must, as soon as practicable after the 8
development scheme takes effect-- 9
(a) publish the scheme on its website; and 10
(b) publish at least once in a newspaper circulating in the 11
area a notice stating that-- 12
(i) the scheme has been approved; and 13
(ii) it may be inspected on the authority's website; and 14
(c) give each person who made a submission received 15
within the submission period about the scheme a notice 16
that-- 17
(i) the scheme has been approved; and 18
(ii) the authority's report about the scheme can be 19
inspected on its website. 20
Division 2 Amendment of development 21
schemes 22
Subdivision 1 Amendment by Minister 23
35 Power to amend at authority's request 24
(1) The Minister may, at the authority's request, amend a 25
development scheme if-- 26
(a) the amendment does not change the land use plan for the 27
relevant urban development area; or 28
s 36 34 s 37
Urban Land Development Authority Bill 2007
(b) the amendment changes the land use plan--the Minister 1
considers-- 2
(i) the amendment is necessary to ensure the 3
implementation of the scheme complies with this 4
Act; or 5
(ii) there is a significant risk of serious environmental 6
harm, within the meaning of the Environmental 7
Protection Act 1994, section 17, or serious adverse 8
cultural, economic or social conditions occurring 9
in the relevant urban development area; or 10
(iii) the amendment corrects an error. 11
(2) To remove any doubt, it is declared that an amendment 12
mentioned in subsection (1)(b) may be made even if it is 13
materially detrimental to someone's interests. 14
36 When amendment takes effect 15
An amendment of a development scheme by the Minister does 16
not take effect until it has been approved under a regulation. 17
37 Notice of amendment 18
The authority must, as soon as practicable after an amendment 19
of a development scheme by the Minister takes effect-- 20
(a) publish the amended development scheme on its 21
website; and 22
(b) publish at least once in a newspaper circulating in the 23
area of the relevant urban development area, a notice 24
stating that-- 25
(i) the scheme has been amended; and 26
(ii) the amended scheme may be inspected on the 27
authority's website; and 28
(c) if the amendment was made under section 31, tell the 29
relevant affected owner that-- 30
(i) the scheme has been amended because of the 31
request; and 32
s 38 35 s 39
Urban Land Development Authority Bill 2007
(ii) the amended scheme may be inspected on the 1
authority's website. 2
Subdivision 2 Amendment by authority 3
38 Division 1 process applies 4
(1) The authority may amend a development scheme only if 5
procedures under division 1 for making development schemes 6
have been followed. 7
(2) Division 1 applies to the amendment as if-- 8
(a) a reference in the division to making a development 9
scheme were a reference to the making of the 10
amendment; and 11
(b) a reference in the division to a proposed development 12
scheme were a reference to the proposed amendment. 13
Subdivision 3 Tabling and inspection of 14
development schemes 15
39 Tabling and inspection requirement 16
(1) This section applies if-- 17
(a) a regulation under this division approves a development 18
scheme or an amendment of a development scheme; and 19
(b) the development scheme or amendment is not part of, or 20
attached to, the regulation. 21
(2) The Minister must, when the regulation is tabled in the 22
Legislative Assembly under the Statutory Instruments Act 23
1992, section 49, also table a copy of the development scheme 24
or amendment. 25
Note-- 26
The authority must keep a register of development schemes as amended 27
from time to time, and publish them on its website. See section 132. 28
(3) A failure to comply with this section does not invalidate or 29
otherwise affect the regulation. 30
s 40 36 s 42
Urban Land Development Authority Bill 2007
Division 3 Miscellaneous provision 1
40 Development scheme prevails over particular 2
instruments 3
If there is a conflict between a development scheme and any 4
of the following instruments, the development scheme 5
prevails to the extent of the inconsistency-- 6
(a) a planning instrument; 7
(b) a plan, policy or code made under the Integrated 8
Planning Act or another Act. 9
Part 4 Development and uses in urban 10
development areas 11
Division 1 UDA development offences 12
41 Application of div 1 13
This division applies subject to division 2. 14
42 Carrying out UDA assessable development without UDA 15
development approval 16
(1) A person must not carry out UDA assessable development in 17
an urban development area without a UDA development 18
approval for the development. 19
Maximum penalty--1665 penalty units. 20
(2) Despite subsection (1), the maximum penalty is 17000 21
penalty units if the UDA assessable development is-- 22
(a) the demolition of a building identified in a development 23
scheme as a building of cultural heritage significance; or 24
(b) on a registered place under the Queensland Heritage Act 25
1992. 26
s 43 37 s 46
Urban Land Development Authority Bill 2007
43 UDA self-assessable development must comply with 1
development scheme 2
If a person carries out UDA self-assessable development in an 3
urban development area, the person must comply with the 4
requirements under the development scheme for the area 5
about carrying out UDA self-assessable development. 6
Maximum penalty--165 penalty units. 7
44 Compliance with UDA development approval 8
A person must not contravene a UDA development approval. 9
Maximum penalty--1665 penalty units. 10
45 Offence about use of premises 11
A person must not use premises in an urban development area 12
unless the use is a lawful use of the premises. 13
Maximum penalty--1665 penalty units. 14
Division 2 Protection of particular uses and 15
rights 16
46 Exemption for particular IPA development approvals and 17
community infrastructure designations 18
(1) This section applies to-- 19
(a) an IPA development approval for land in an urban 20
development area-- 21
(i) granted under section 13(2); or 22
(ii) continued in force under section 14; and 23
(b) a community infrastructure designation continued in 24
force, under section 15(2), for land in an urban 25
development area. 26
(2) The carrying out of development or the use of premises under 27
the approval or community infrastructure designation is not a 28
UDA development offence. 29
s 47 38 s 50
Urban Land Development Authority Bill 2007
47 Lawful uses of premises protected 1
(1) This section applies if, immediately before the taking of effect 2
of a development scheme, or of an amendment of a 3
development scheme, the use of premises was a lawful use of 4
the premises in the relevant urban development area. 5
(2) Neither the development scheme nor the amendment can-- 6
(a) stop the use from continuing; or 7
(b) further regulate the use; or 8
(c) require the use to be changed. 9
48 Lawfully constructed buildings and works protected 10
To the extent a building has been lawfully constructed or 11
works lawfully carried out, neither a development scheme nor 12
an amendment of a development scheme can require the 13
building or work to be altered or removed. 14
49 Amendment of development scheme does not affect 15
existing IPA or UDA development approval 16
(1) This section applies if-- 17
(a) an IPA development approval or UDA development 18
approval is in effect for premises in an urban 19
development area; and 20
(b) after the approval is given, the development scheme for 21
the area is amended. 22
(2) To the extent the approval has not lapsed, the amendment does 23
not stop or further regulate the relevant development, or 24
otherwise affect the approval. 25
50 Development or use carried out in emergency 26
A person does not commit a UDA development offence if-- 27
(a) the person carries out development or a use of premises 28
because of an emergency endangering-- 29
(i) the life or health of a person; or 30
(ii) the structural safety of a building; and 31
s 51 39 s 53
Urban Land Development Authority Bill 2007
(b) the person gives notice of the development or use that 1
would otherwise be a UDA development offence to the 2
authority as soon as practicable after starting the 3
development or use. 4
Division 3 UDA development applications 5
Subdivision 1 Making application 6
51 How to make application 7
(1) Each UDA development application must-- 8
(a) be made to the authority in the approved form; and 9
(b) contain, or be accompanied by, the consent of the owner 10
of the relevant land, other than to the extent the 11
application is for operational work; and 12
(c) be accompanied by the application fee decided by the 13
authority. 14
(2) The application is a properly made application only if-- 15
(a) it complies with subsection (1); or 16
(b) the authority receives and, after considering any 17
noncompliance with subsection (1), accepts the 18
application. 19
Subdivision 2 Processing application 20
52 Application of sdiv 2 21
This subdivision applies if a UDA development application is 22
a properly made application under section 51. 23
53 Information requests to applicant 24
(1) The authority may, by notice (an information request), ask 25
the applicant to, within a stated period of at least 20 business 26
s 54 40 s 54
Urban Land Development Authority Bill 2007
days, give further stated information the authority needs to 1
decide the application. 2
(2) However, an information request can not be made more than 3
20 business days after the making of the application. 4
(3) If the applicant does not comply with the request, the 5
authority may refuse the application. 6
(4) However, the authority may refuse the application only if it 7
has given the applicant at least 10 business days notice of its 8
intention to do so. 9
54 Notice of application 10
(1) This section applies only if-- 11
(a) the land use plan or interim land use plan for the 12
relevant urban development area requires public notice 13
of UDA development applications; or 14
(b) the authority, within 20 business days after the making 15
of the application, gives the applicant notice that the 16
applicant must comply with this section. 17
(2) The applicant must-- 18
(a) publish a notice about the application in a newspaper 19
circulating in the area of the relevant local government; 20
and 21
(b) give a copy of the notice to each entity the authority 22
requires the applicant to give a copy to; and 23
(c) place the notice on the land in the way prescribed under 24
a regulation; and 25
(d) give the notice to the owners of all land that adjoins the 26
land. 27
(3) However, if an information request has been given for the 28
application, the steps under subsection (2) must not start until 29
the applicant has complied with the request. 30
(4) The notice must-- 31
(a) state that-- 32
s 55 41 s 55
Urban Land Development Authority Bill 2007
(i) the applicant has made a UDA development 1
application; and 2
(ii) the application may be inspected on the authority's 3
website; and 4
(b) describe the relevant land; and 5
(c) generally describe the relevant development; and 6
(d) invite anyone to make submissions to the authority 7
about the application within a stated period (the 8
submission period); and 9
(e) state that the making of a submission does not give rise 10
to a right of appeal against a decision about the 11
application. 12
(5) The submission period-- 13
(a) must not start before subsection (2) is complied with; 14
and 15
(b) must be at least 20 business days; and 16
(c) 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
(6) A requirement under subsection (2)(b) may be made only if 20
the authority considers the entity has an interest in the 21
outcome of the application. 22
55 Deciding application generally 23
(1) The authority can not decide the application unless the 24
authority is satisfied-- 25
(a) if an information request has been made for the 26
application--the request has been complied with; and 27
(b) if section 54 applies for the application--the applicant 28
has complied with the section; and 29
(c) the submission period for the application has ended. 30
(2) Subject to section 53(3), the authority must decide the 31
application within 40 business days after it is satisfied as 32
mentioned in subsection (1). 33
s 56 42 s 57
Urban Land Development Authority Bill 2007
(3) However, a failure to comply with subsection (2) does not 1
prevent the authority from deciding the application. 2
(4) The authority must decide to-- 3
(a) grant all or part of the UDA development approval 4
applied for; or 5
(b) grant all or part of the UDA development approval 6
applied for subject to conditions decided by the 7
authority (each a UDA development condition); or 8
(c) refuse to grant a UDA development approval. 9
56 Restrictions on granting approval 10
The authority can not grant the UDA development approval 11
applied for if the relevant development would be inconsistent 12
with-- 13
(a) the land use plan for the relevant urban development 14
area; or 15
(b) a preliminary approval under the Integrated Planning 16
Act in force for the relevant land. 17
57 Matters to be considered in making decision 18
(1) In deciding the application, the authority must consider-- 19
(a) the purposes of this Act; and 20
(b) any submissions made to it about the application, during 21
the submission period; and 22
(c) the following, as in force or as prepared when the 23
application is decided-- 24
(i) if there is a development scheme for the relevant 25
urban development area--the development 26
scheme; 27
(ii) if there is no development scheme for the area but 28
there is a proposed development scheme for the 29
area--the proposed development scheme; and 30
s 58 43 s 58
Urban Land Development Authority Bill 2007
(iii) if there is no development scheme for the area and 1
no proposed development scheme for the 2
area--the interim land use plan for the area; and 3
(d) any preliminary approval under the Integrated Planning 4
Act in force for the relevant land. 5
(2) Also, in deciding the application, if-- 6
(a) there is both a development scheme and a proposed 7
development scheme for the area; and 8
(b) the proposed scheme was prepared after the 9
development scheme took effect; 10
the authority may, subject to section 56, give the weight it 11
considers appropriate to the proposed scheme. 12
(3) Subsection (1)(b) does not prevent the authority from 13
considering a submission about the application made to it 14
after the submission period has ended. 15
(4) In this section-- 16
proposed development scheme, for the area, means a 17
proposed development scheme, or a proposed amendment of a 18
development scheme, for the area published under section 25, 19
or section 25 as applied under section 38, that has not taken 20
effect. 21
58 UDA development conditions 22
Without limiting section 55(4), a UDA development condition 23
may-- 24
(a) nominate a stated entity to be the nominated assessing 25
authority for the condition; or 26
(b) relate to infrastructure, and the payment of contributions 27
or the surrender of land for infrastructure, for any urban 28
development area; or 29
(c) require the making of stated improvements to the 30
relevant land; or 31
(d) impose a condition or restriction on a disposal of the 32
relevant land. 33
s 59 44 s 60
Urban Land Development Authority Bill 2007
59 Decision notice 1
(1) Subject to section 60, the authority must, within 5 business 2
days after deciding the application, give notice of the decision 3
(the decision notice) to-- 4
(a) the applicant; and 5
(b) the relevant local government; and 6
(c) if the decision was to grant a UDA development 7
approval--any nominated assessing authority. 8
(2) The decision notice must-- 9
(a) be in the approved form; and 10
(b) state the decision; and 11
(c) state any UDA development conditions decided. 12
(3) If the decision was to refuse to grant an approval, the decision 13
notice must state the reasons for the refusal. 14
(4) If the decision was to grant an approval-- 15
(a) the decision notice is taken to be a UDA development 16
approval; and 17
(b) the authority must, when giving the decision notice to an 18
entity mentioned in subsection (1), also give the entity a 19
copy of any plans and specifications approved by the 20
authority concerning the approval. 21
(5) In this section-- 22
approval means a UDA development approval, with or 23
without UDA development conditions. 24
60 Restriction on giving decision notice if authority has a 25
financial interest 26
(1) This section applies if-- 27
(a) the authority has a financial interest in the relevant 28
development because of its participation in a business 29
arrangement other than with a government entity, GOC 30
or local government; and 31
(b) the authority proposes to approve the application or 32
approve it subject to conditions. 33
s 61 45 s 61
Urban Land Development Authority Bill 2007
(2) The authority can not give a decision notice for the 1
application unless the Minister has approved the proposed 2
decision. 3
(3) In this section-- 4
business arrangement means a company, partnership, trust or 5
joint venture or an arrangement with anyone for sharing 6
profits. 7
participate includes form, promote, establish, enter into, 8
manage, dissolve, wind-up or otherwise externally administer 9
and do anything else incidental to any of those things. 10
Subdivision 3 Appeals 11
61 Right of appeal against particular conditions 12
(1) This section applies if a UDA development condition includes 13
a nominated assessing authority (the entity) . 14
(2) The person who made the relevant UDA development 15
application may appeal to the Planning and Environment 16
Court against the authority's decision to impose the condition. 17
(3) An appeal under subsection (1) must be started within 20 18
business days after the day the applicant is given notice of the 19
decision. 20
(4) The Integrated Planning Act, chapter 4, part 1, divisions 10 to 21
12, apply to the appeal as if-- 22
(a) it were an appeal mentioned in the divisions; and 23
(b) the entity were the only other party to the appeal. 24
(5) However-- 25
(a) the appellant must, as soon as practicable after giving 26
the entity the notice of the appeal required under the 27
Integrated Planning Act, chapter 4, part 1, division 10, 28
give the authority a copy of the notice; and 29
(b) the authority may, by lodging a notice of election with 30
the registrar of the court, elect to become a party to the 31
appeal. 32
s 62 46 s 64
Urban Land Development Authority Bill 2007
(6) The authority must give the other parties a copy of the notice 1
of election as soon as practicable after it is lodged. 2
Subdivision 4 Ministerial call in 3
62 Application of sdiv 4 4
This subdivision applies if a decision notice is given for a 5
UDA development application. 6
63 Minister's power to call in 7
(1) The Minister may, by notice (the call in notice) to the 8
authority given within the relevant period, call in the 9
application. 10
(2) However, the Minister may give the call in notice only if the 11
Minister considers the relevant development involves a State 12
interest. 13
(3) In this section-- 14
relevant period means-- 15
(a) for a decision to refuse to grant a UDA development 16
approval, 10 business days after the giving of the 17
decision notice; or 18
(b) for a decision to grant a UDA development approval, the 19
latest of the following periods to end-- 20
(i) 10 business days after the approval takes effect; 21
(ii) 10 business days after the authority receives a copy 22
of a notice of appeal relating to the approval. 23
64 Call in ends decision, approval and any appeal 24
(1) On the giving of the call in notice-- 25
(a) the decision the subject of the notice and any UDA 26
development approval granted because of the decision 27
have no further effect; and 28
s 65 47 s 66
Urban Land Development Authority Bill 2007
(b) any appeal to the Planning and Environment Court 1
relating to the approval lapses. 2
(2) However, subsection (1) does not affect the validity of the 3
approval or anything done under it before the giving of the 4
notice. 5
65 Notice of call in 6
The authority must give a copy of the call in notice to-- 7
(a) the person who made the relevant UDA development 8
application; and 9
(b) the owner of the relevant land; and 10
(c) the relevant local government; and 11
(d) any nominated assessing authority under any UDA 12
development approval granted under the decision; and 13
(e) if an appeal relating to the approval has been started in 14
the Planning and Environment Court--that court; and 15
(f) anyone who made a submission to the authority about 16
the application, during the submission period. 17
66 Minister must re-decide application 18
(1) The Minister must, within 40 business days after giving the 19
call in notice, re-decide the application, in the way mentioned 20
in section 55(4). 21
(2) However, a failure to comply with subsection (1) does not 22
prevent the Minister from re-deciding. 23
(3) Sections 55(4), and 56 to 59 apply for the making of the 24
decision as if a reference to the authority were a reference to 25
the Minister. 26
(4) However, in making the decision, the Minister may also 27
consider a State interest. 28
(5) In making the decision, the Minister may have regard to 29
information from any source, even if the information was not 30
available to the authority when it made its decision. 31
(6) The Minister can not-- 32
s 67 48 s 68
Urban Land Development Authority Bill 2007
(a) change or agree to change the application; or 1
(b) grant a UDA development approval for development 2
that is materially different from the development applied 3
for. 4
(7) The Minister's decision is taken, for this Act, other than 5
section 61, to be the authority's decision on the application. 6
(8) No right of appeal applies under section 61 in relation to the 7
Minister's decision. 8
Subdivision 5 Miscellaneous provisions 9
67 Approved material change of use required for particular 10
developments 11
(1) This section applies if, when a UDA development application 12
is made-- 13
(a) a structure or works, the subject of the application, may 14
not be used unless a UDA development approval exists 15
for the material change of use of premises for which the 16
structure is, or works are, proposed; and 17
(b) there is no UDA development approval for the change of 18
use; and 19
(c) approval for the material change of use has not been 20
applied for in the application or a separate application. 21
(2) The application is taken also to be for the change of use. 22
68 Changing application 23
(1) A UDA development application may be changed by the 24
applicant only if-- 25
(a) the applicant has given the authority notice stating 26
details of the proposed change; and 27
(b) the authority has agreed in writing to the making of the 28
change. 29
s 69 49 s 71
Urban Land Development Authority Bill 2007
(2) The agreement may be given only if the authority is satisfied 1
the change would not result in the relevant development being 2
materially different. 3
69 Withdrawing application 4
(1) A UDA development application may be withdrawn by the 5
applicant by notice given to the authority at any time before 6
the application is decided. 7
(2) The authority may refund all or part of any fee paid for the 8
application. 9
Division 4 UDA development approvals 10
Subdivision 1 General provisions 11
70 What approval authorises 12
A UDA development approval authorises the carrying out of 13
UDA assessable development to the extent provided for under 14
the approval. 15
71 Duration of approval 16
(1) A UDA development approval has effect from when the 17
decision notice for the relevant UDA development application 18
is given. 19
(2) The relevant development may, subject to any relevant UDA 20
development conditions, start when the approval takes effect. 21
(3) However, the approval ceases to have effect if it -- 22
(a) is cancelled under subdivision 2; or 23
(b) lapses under subdivision 3. 24
Note-- 25
A call in notice under division 3, subdivision 4 can also end the effect of 26
a UDA development approval. 27
s 72 50 s 74
Urban Land Development Authority Bill 2007
72 Approval attaches to the relevant land 1
(1) A UDA development approval attaches to the relevant land, 2
and binds its owner, the owner's successors in title and any 3
occupier of the land. 4
(2) To remove any doubt, it is declared that subsection (1) applies 5
even if later development, including reconfiguring a lot, is 6
approved for the land, or the land as reconfigured under the 7
UDA development approval. 8
73 Provision for enforcement of UDA development 9
conditions 10
(1) If there is a nominated assessing authority for a UDA 11
development condition, the Integrated Planning Act, chapter 12
4, part 3, divisions 2 and 3, and any other Act that refers to an 13
IPA development approval applies to the condition as if-- 14
(a) the relevant UDA development approval were an IPA 15
development approval; and 16
(b) the nominated assessing authority were an assessing 17
authority under the Integrated Planning Act for 18
development under the UDA development approval; and 19
(c) the reference to a development offence under the 20
Integrated Planning Act were a reference to a UDA 21
development offence. 22
(2) To remove any doubt, it is declared that this section does not 23
limit or otherwise affect the authority's ability to apply for an 24
enforcement order or to start a proceeding under this Act 25
relating to the condition. 26
Subdivision 2 Cancellations and changes 27
74 Cancellation 28
(1) The authority may cancel a UDA development approval only 29
if the owner of the relevant land consents in writing to the 30
cancellation. 31
(2) However, the authority can not cancel the UDA development 32
approval if the relevant development has started. 33
s 75 51 s 76
Urban Land Development Authority Bill 2007
(3) The authority may refund all or part of any fee paid for the 1
relevant UDA development application. 2
75 Application to change UDA development approval 3
(1) A person having an interest in the relevant land for a UDA 4
development approval may apply (the amendment 5
application) to the authority to change the approval. 6
(2) However, the amendment application may be made only if the 7
authority is satisfied the change would not result in the 8
relevant development being materially different. 9
(3) Division 3 applies for the amendment application as if-- 10
(a) a reference in the division to a UDA development 11
application were a reference to the amendment 12
application; and 13
(b) a reference in the division to a UDA development 14
approval were a reference to a changed UDA 15
development approval; and 16
(c) a reference in the division to the granting of a UDA 17
development approval were a reference to the making of 18
the change. 19
(4) However, section 54(1)(a) does not apply for the amendment 20
application. 21
Subdivision 3 Lapsing 22
76 When approval lapses generally 23
(1) This section applies subject to section 78(5) and any extension 24
granted under section 78. 25
(2) A UDA development approval lapses at the end of its currency 26
period unless-- 27
(a) for development that is a material change of use--the 28
change of use happens before the currency period ends; 29
or 30
s 77 52 s 77
Urban Land Development Authority Bill 2007
(b) for development that is reconfiguring a lot--the plan for 1
the reconfiguration of the lot is given to the authority for 2
its approval before the currency period ends; or 3
(c) for development not mentioned in paragraph (a) or 4
(b)--development under the approval substantially 5
starts before the currency period ends. 6
(3) To the extent the UDA development approval is for 7
development other than a material change of use or 8
reconfiguring a lot, its currency period is-- 9
(a) generally--2 years from the day the authority takes 10
effect (the day of effect ); or 11
(b) if the approval states a different period --the stated 12
period. 13
(4) To the extent the UDA development approval is for 14
development that is a material change of use, its currency 15
period is-- 16
(a) 4 years from the day of effect; or 17
(b) if the approval states a different period --the stated 18
period. 19
(5) To the extent the UDA development approval is for 20
development that is reconfiguring a lot, its currency period 21
is-- 22
(a) if the reconfiguring does not require operational 23
work-- 2 years from the day of effect; or 24
(b) if the reconfiguring requires operational work-- 4 years 25
from the day of effect; or 26
(c) if the approval states a different period --the stated 27
period. 28
77 Application to extend currency period 29
(1) Before a UDA development approval lapses under section 30
76(2), a person having an interest in the relevant land may 31
apply to the authority to extend the approval's currency period 32
applying under section 76. 33
(2) The application must be-- 34
s 78 53 s 79
Urban Land Development Authority Bill 2007
(a) in the approved form; and 1
(b) made before the currency period ends; and 2
(c) accompanied by the application fee decided by the 3
authority. 4
78 Deciding extension application 5
(1) This section applies if an application for an extension is made 6
under section 77. 7
(2) Before granting or refusing the extension, the authority must 8
consult with each nominated assessing authority under the 9
UDA development approval. 10
(3) The authority must grant or refuse the extension within-- 11
(a) generally--20 business days after the making of the 12
application; or 13
(b) if, during the 20 business days, the authority and the 14
applicant agree on a longer period--the longer period. 15
(4) The authority must, within 5 business days after making the 16
decision, give notice of the decision to the applicant and each 17
nominated assessing authority under the UDA development 18
approval. 19
(5) Despite section 76, the UDA development approval does not 20
lapse until the authority has given the applicant the notice 21
under subsection (4). 22
(6) If the decision was to refuse the extension, the notice must 23
state the reasons for the refusal. 24
Division 5 Miscellaneous provisions 25
79 Restriction on particular land covenants 26
A covenant under the Land Title Act 1994 or the Land Act 27
1994 for land in an urban development area is of no effect to 28
the extent the covenant is inconsistent with the development 29
scheme for the area. 30
s 80 54 s 81
Urban Land Development Authority Bill 2007
80 Plans of subdivision 1
(1) This section applies to a plan, however called, for the 2
reconfiguration of a lot if, under another Act, the plan requires 3
the approval, in whatever form, of the authority before it can 4
be registered or otherwise recorded under that Act. 5
(2) The Integrated Planning Act, chapter 3, part 7, applies-- 6
(a) as if a reference in that part to the local government 7
were a reference to the authority; and 8
(b) as if a reference in that part to a development permit 9
were a reference to a UDA development approval; and 10
(c) as if a reference in that part to a condition of a 11
development permit were a reference to a UDA 12
development condition of the UDA development 13
approval; and 14
(d) as if a reference in that part to the land were a reference 15
to the relevant land for the UDA development approval; 16
and 17
(e) as if a reference in that part to assessable development 18
were a reference to UDA assessable development; and 19
(f) as if a reference in that part to rates and charges levied 20
for the land included a reference to a special rate or 21
charge. 22
Part 5 Proceedings and related 23
matters 24
Division 1 Enforcement proceedings in 25
Planning and Environment Court 26
81 Starting proceeding for enforcement order 27
(1) The authority may start a proceeding in the Planning and 28
Environment Court-- 29
s 82 55 s 84
Urban Land Development Authority Bill 2007
(a) for an enforcement order to remedy or restrain the 1
commission of a UDA development offence; or 2
(b) if the authority has started a proceeding under this 3
section for an enforcement order and the court has not 4
decided the proceeding--for an order under section 82. 5
(2) A proceeding for an enforcement order may be started 6
whether or not anyone's right has been, or may be, infringed 7
by, or because of, the commission of the offence. 8
82 Making interim enforcement order 9
(1) The Planning and Environment Court may make an order 10
pending a decision of a proceeding for an enforcement order if 11
the court is satisfied it would be appropriate to make the 12
order. 13
(2) The court may make the order subject to conditions. 14
(3) However, a condition can not require the authority to give an 15
undertaking about damages. 16
83 Making enforcement order 17
(1) The Planning and Environment Court may make an 18
enforcement order if the court is satisfied the relevant 19
offence-- 20
(a) is being, or has been, committed; or 21
(b) will be committed unless the enforcement order is made. 22
(2) If the court is satisfied the offence is being or has been 23
committed, it may make the order whether or not there has 24
been a prosecution for the offence. 25
84 Effect of enforcement order 26
(1) An enforcement order may direct a party to the proceeding for 27
the order-- 28
(a) to stop an activity that constitutes, or will constitute, a 29
UDA development offence; or 30
s 84 56 s 84
Urban Land Development Authority Bill 2007
(b) not to start an activity that will constitute a UDA 1
development offence; or 2
(c) to do anything required to stop committing a UDA 3
development offence; or 4
(d) to return anything to a condition as close as practicable 5
to the condition it was in immediately before a UDA 6
development offence was committed; or 7
(e) to do anything about a development or use to comply 8
with this Act. 9
(2) Without limiting the Planning and Environment Court's 10
powers, it may make an enforcement order requiring-- 11
(a) the repairing, demolition or removal of a building; or 12
(b) for a UDA development offence relating to the clearing 13
of vegetation on freehold land-- 14
(i) rehabilitation or restoration of the area cleared; or 15
(ii) if the area cleared is not capable of being 16
rehabilitated or restored--the planting and 17
nurturing of stated vegetation on a stated area of 18
equivalent size. 19
(3) An enforcement order must state the time by which it must be 20
complied with. 21
(4) An enforcement order may-- 22
(a) be in terms the court considers appropriate to secure 23
compliance with this Act; and 24
(b) state that contravention of the order is a public nuisance. 25
(5) In this section-- 26
clearing, of vegetation-- 27
(a) means removing, cutting down, ringbarking, pushing 28
over, poisoning or destroying it in any way, including by 29
burning, flooding or draining; but 30
(b) does not include lopping a tree or the destruction of 31
standing vegetation by stock. 32
s 85 57 s 85
Urban Land Development Authority Bill 2007
85 Powers about enforcement orders 1
(1) The Planning and Environment Court's power to make an 2
enforcement order to stop, or not to start, an activity may be 3
exercised-- 4
(a) whether or not it appears to the court that the person 5
against whom the order is made (the relevant person) 6
intends to engage again, or to continue to engage again, 7
in the activity; and 8
(b) whether or not the relevant person has previously 9
engaged in an activity of the same type; and 10
(c) whether or not there is danger of substantial damage to 11
property or the environment or injury to another person 12
if the relevant person engages, or continues to engage, in 13
the activity. 14
(2) The court's power to make an enforcement order to do 15
anything may be exercised-- 16
(a) whether or not it appears to the court that the person 17
against whom the order is made (also the relevant 18
person) intends to fail, or to continue to fail, to do the 19
thing; and 20
(b) whether or not the relevant person has previously failed 21
to do a thing of the same type; and 22
(c) whether or not there is danger of substantial damage to 23
property or the environment or injury to another person 24
if the relevant person fails, or continues to fail, to do the 25
thing. 26
(3) The court may cancel or change an enforcement order on the 27
application of the authority or the person against whom the 28
order is made. 29
(4) The court's powers under this section are in addition to, and 30
do not limit, its other powers. 31
Note-- 32
For costs, see the Integrated Planning Act, section 4.1.23. 33
(5) In this section-- 34
environment see the Integrated Planning Act, schedule 10. 35
s 86 58 s 88
Urban Land Development Authority Bill 2007
86 Offence to contravene enforcement order 1
A person against whom an enforcement order has been made 2
must comply with the order. 3
Maximum penalty--3000 penalty units or 2 years 4
imprisonment. 5
Note-- 6
See also the Integrated Planning Act, section 4.1.5 (Contempt and 7
contravention of orders). 8
Division 2 Proceedings for offences 9
87 Proceedings for offences 10
(1) An offence against the following is a misdemeanour-- 11
(a) section 86; 12
(b) section 140, to the extent the offence relates to an 13
offence by a corporation against section 86. 14
Editor's note-- 15
section 140 (Executive officer must ensure corporation does not commit 16
particular offences) 17
(2) Any other offence against this Act is a summary offence. 18
(3) A proceeding for a summary offence against this Act may be 19
brought only by the authority or a person acting for the 20
authority. 21
88 Limitation on time for starting proceeding for summary 22
offence 23
A proceeding for a summary offence against this Act must 24
start-- 25
(a) within 1 year after the commission of the offence; or 26
(b) within 6 months after the offence comes to the 27
complainant's knowledge, but within 2 years after the 28
offence was committed. 29
s 89 59 s 90
Urban Land Development Authority Bill 2007
89 Orders Magistrates Court may make in offence 1
proceeding 2
(1) After hearing a complaint for an offence against this Act, the 3
Magistrates Court may make an order against the defendant 4
that the court considers appropriate. 5
(2) The order may be made in addition to, or in substitution for, 6
any penalty the court may otherwise impose. 7
(3) The order may require the defendant-- 8
(a) to stop development or carrying on a use; or 9
(b) to demolish or remove work carried out; or 10
(c) to restore, as far as practicable, premises to the condition 11
the premises were in immediately before development 12
or use of the premises started; or 13
(d) to do, or not to do, another act to ensure development or 14
use of the premises complies with a UDA development 15
approval or a development scheme; or 16
(e) for development that has started--to make a UDA 17
development application for the development. 18
(4) The order must state the time by which, or period within 19
which, the order must be complied with. 20
(5) The order may state that contravention of the order is a public 21
nuisance. 22
90 Offence to contravene Magistrates Court order 23
A person against whom an order under section 89 has been 24
made must comply with the order. 25
Maximum penalty--1665 penalty units or imprisonment for 26
12 months. 27
s 91 60 s 93
Urban Land Development Authority Bill 2007
Division 3 Miscellaneous provisions 1
91 Authority's power to remedy stated public nuisance 2
(1) This section applies if an enforcement order or an order under 3
section 89 states that contravention of the order is a public 4
nuisance. 5
(2) If the order is not complied with, the authority may undertake 6
any work necessary to remove the nuisance. 7
(3) If the authority carries out works under subsection (2), it may 8
recover from the person against whom the order was made the 9
reasonable cost of the works, as a debt. 10
92 Planning and Environment Court may make declarations 11
(1) The authority may bring a proceeding in the Planning and 12
Environment Court for a declaration about-- 13
(a) a matter done, to be done or that should have been done 14
for this Act; or 15
(b) the construction of this Act; or 16
(c) the lawfulness of land use or development relating to an 17
urban development area. 18
(2) The court may make an order about a declaration made under 19
subsection (1). 20
Part 6 Urban Land Development 21
Authority 22
Division 1 Establishment 23
93 Establishment of authority 24
The Urban Land Development Authority is established. 25
s 94 61 s 96
Urban Land Development Authority Bill 2007
94 Authority represents the State 1
(1) The authority represents the State. 2
(2) Without limiting subsection (1), the authority has the status, 3
privileges and immunities of the State. 4
95 Application of other Acts 5
(1) The authority is-- 6
(a) a unit of public administration; and 7
(b) a statutory body under the Financial Administration and 8
Audit Act 1977; and 9
(c) a statutory body under the Statutory Bodies Financial 10
Arrangements Act 1982. 11
(2) The Statutory Bodies Financial Arrangements Act 1982, part 12
2B, sets out the way in which the authority's powers under 13
this Act are affected by the Statutory Bodies Financial 14
Arrangements Act 1982. 15
Division 2 Authority's functions and powers 16
96 Main function and its achievement 17
(1) The authority's main function is to give effect to the purposes 18
of this Act. 19
(2) The main function is performed mainly by the authority-- 20
(a) planning, developing and managing land in urban 21
development areas, for urban purposes; and 22
(b) deciding UDA development applications; and 23
(c) coordinating the provision of infrastructure for urban 24
development areas. 25
(3) Also, the authority may help the development of, or carry out 26
activities or services relating to, land that adjoins an urban 27
development area if it considers that doing so will help the 28
performance of the authority's functions for the area. 29
s 97 62 s 98
Urban Land Development Authority Bill 2007
97 General powers 1
(1) Subject to any Ministerial direction, the authority has the 2
powers-- 3
(a) necessary or convenient to perform its functions; or 4
(b) incidental to the performance of the functions; or 5
(c) to help to achieve the purposes of this Act. 6
(2) Without limiting subsection (1), the authority may-- 7
(a) enter into infrastructure agreements under the Integrated 8
Planning Act, and other contracts; and 9
(b) acquire, hold, dispose of, and deal with, property; and 10
(c) appoint agents and attorneys; and 11
(d) engage consultants; and 12
(e) coordinate or provide infrastructure for urban 13
development areas; and 14
(f) fix charges and other terms, for the infrastructure; and 15
(g) coordinate, provide or pay for, infrastructure on land 16
outside urban development areas to help the 17
performance of the authority's functions relating to 18
urban development areas; and 19
(h) establish funds to ensure the provision of infrastructure 20
under development schemes continues to be provided; 21
and 22
(i) do anything necessary or convenient to be done in the 23
performance of its functions under this or another Act. 24
(3) In performing its functions, the authority may act alone or in 25
conjunction with public sector units, local governments, 26
agencies or instrumentalities of the Commonwealth and other 27
persons. 28
(4) The authority also has the powers conferred on it under 29
another Act. 30
98 Conditional disposal of land 31
(1) The authority may impose a condition or restriction on a 32
transfer of land by the authority. 33
s 99 63 s 100
Urban Land Development Authority Bill 2007
(2) Without limiting subsection (1) the authority and a transferee 1
may agree that the transferee-- 2
(a) must make stated improvements to the land; or 3
(b) is subject to stated restrictions on the transfer of or 4
dealing with the land. 5
(3) An agreement under subsection (2) may provide for remedies 6
against, and the power to impose sanctions on, the transferee 7
relating to the agreement. 8
99 Roads and road closures 9
(1) The authority may perform functions or exercise powers for a 10
road in an urban development area that the authority considers 11
necessary or desirable to perform its other functions. 12
(2) Without limiting subsection (1), the authority may, by gazette 13
notice, permanently or temporarily close all or part of a road 14
in an urban development area. 15
(3) Before the closing of the road takes effect, the authority must 16
publish a notice the authority considers appropriate about the 17
closure in a newspaper circulating in the urban development 18
area. 19
(4) The authority may do everything necessary to stop traffic 20
using a road or part of a road closed under this section. 21
(5) To remove any doubt, it is declared that this section applies-- 22
(a) whether or not a road is a State-controlled road under 23
the Transport Infrastructure Act 1994; and 24
(b) whether or not the Land Act 1994 applies to a road. 25
100 Power to vest land in permanently closed road or 26
unallocated State land in urban development areas 27
(1) The Authority may, by gazette notice, declare that any of the 28
following land in an urban development area is vested in the 29
authority, in fee simple-- 30
(a) land that comprised a road under the Land Act 1994 that 31
has been permanently closed under section 99; 32
(b) unallocated State land under the Land Act 1994. 33
s 101 64 s 101
Urban Land Development Authority Bill 2007
(2) The chief executive of the department in which the Land Act 1
1994 is administered must, under that Act, register the vesting 2
if the authority lodges in the land registry under that Act-- 3
(a) a request under that Act to register the vesting; and 4
(b) if that chief executive so requires--a plan of subdivision 5
under that Act for the land the subject of the vesting; and 6
(c) a copy of the gazette notice. 7
(3) On the registration of the request to vest, the Governor in 8
Council may issue to the authority a deed of grant under the 9
Land Act 1994 for the land the subject of the vesting. 10
(4) Despite the Land Act 1994 and the Land Title Act 1994, no fee 11
is payable by the authority in relation to the registration of the 12
vesting or to give effect to it. 13
101 Special rates or charges 14
(1) The authority may, with the Minister's written approval, make 15
and levy on owners or occupiers of rateable land in an urban 16
development area a special rate or charge on the land if-- 17
(a) the rate or charge is for a service, facility or activity 18
provided by the authority, or by a local government or 19
someone else at the authority's request; and 20
(b) in the authority's opinion-- 21
(i) the land, or the owner or occupier of the land, has 22
or will specially benefit from, or has or will have 23
special access to, the service, facility or activity; or 24
(ii) the owner or occupier of the land, or the use made 25
or to be made of the land, has, or will, specially 26
contribute to the need for the service, facility or 27
activity. 28
(2) The special rate or charge may be made and levied on the 29
bases the authority considers appropriate. 30
Note-- 31
See also section 127 (Recovery of special rate or charge). 32
(3) The authority may fix a minimum amount of the special rate 33
or charge. 34
s 101 65 s 101
Urban Land Development Authority Bill 2007
(4) Without limiting subsection (2), the amount of the special rate 1
or charge may vary according to the extent to which, in the 2
authority's opinion-- 3
(a) the land, or the owner or occupier of the land, has or will 4
specially benefit from, or has or will have special access 5
to, the service, facility or activity; or 6
(b) the owner or occupier of the land, or the use made or to 7
be made of the land, has, or will, specially contribute to 8
the need for the service, facility or activity. 9
(5) The authority's instrument making the special rate or charge 10
must identify-- 11
(a) the rateable land to which the rate or charge applies; and 12
(b) the overall plan for the supply of the service, facility or 13
activity. 14
(6) The overall plan must-- 15
(a) be adopted by the authority either before, or at the same 16
time as, it first makes the special rate or charge; and 17
(b) identify the rateable land to which the rate or charge 18
applies; and 19
(c) describe the service, facility or activity; and 20
(d) state the estimated cost of implementing the overall 21
plan; and 22
(e) state the estimated time for implementing the overall 23
plan. 24
(7) The authority may identify parcels of rateable land to which 25
the rate or charge applies in any way it considers appropriate. 26
(8) Subsection (1) is taken to have been complied with if the 27
special rate or charge is made and levied on-- 28
(a) all rateable land that, at the time of making and levying 29
the rate or charge, could reasonably be identified as land 30
on which the rate or charge may be made and levied; or 31
(b) all rateable land on which the rate or charge may be 32
made and levied, other than land accidentally omitted. 33
(9) In this section-- 34
s 102 66 s 103
Urban Land Development Authority Bill 2007
rateable land see the Local Government Act 1993, section 1
957. 2
102 Application of special rate or charge 3
(1) A special rate or charge collected for a particular service, 4
facility or activity must be used for that purpose. 5
(2) However, the special rate or charge need not be held in trust. 6
103 Application of local government entry powers for 7
authority's functions or powers 8
(1) This section applies to land in, or a structure on, an urban 9
development area or a lot that adjoins an urban development 10
area. 11
(2) The Local Government Act 1993, sections 1063, 1070 and 12
1071 apply to the authority and the authorised employees or 13
agents of the authority as if-- 14
(a) the authority were a local government; and 15
(b) the authorised employee or agent were an employee or 16
agent of a local government; and 17
(c) a reference to the local government were a reference to 18
the authority; and 19
(d) a reference to an employee or agent of the local 20
government were a reference to an authorised employee 21
or agent of the authority; and 22
(e) a reference in the sections to any of the following were a 23
reference to the performance of the authority's functions 24
or the exercise of its powers-- 25
(i) the exercise of the jurisdiction of local 26
government; 27
(ii) the exercise of a power under a local government 28
Act; 29
(iii) the exercise of the local government's jurisdiction; 30
(iv) local government purposes; and 31
s 104 67 s 104
Urban Land Development Authority Bill 2007
(f) a reference to the local government's facilities on the 1
land were a reference to the authority's facilities on the 2
land. 3
(3) However, if the occupier of the land or structure is present at 4
the place, before entering the place, an authorised employee 5
or agent of the authority must do, or make a reasonable 6
attempt to do, the following things-- 7
(a) identify himself or herself to the occupier, by complying 8
with section 124; 9
(b) tell the occupier the purpose of the entry; 10
(c) seek the consent of the occupier to the entry; 11
(d) tell the occupier the officer is permitted under this Act to 12
enter the place without the occupier's consent. 13
(4) If the occupier is not present, the employee or agent must take 14
reasonable steps to advise the occupier of the employee's or 15
agent's intention to enter the place. 16
(5) Subsections (3) and (4) do not require the employee or agent 17
to take a step that the employee or agent reasonably believes 18
may frustrate or otherwise hinder the purposes of the entry. 19
(6) In this section-- 20
authorised employee or agent, of the authority, means its 21
employees or agents who have, under section 123, been issued 22
with an identity card that is still in force. 23
104 By-laws 24
(1) The authority may make by-laws under this Act for urban 25
development areas about any matter for which a local law 26
may be made, including the creation of offences. 27
(2) However, a by-law can not fix a penalty of more than 20 28
penalty units for an offence against the by-law. 29
(3) A by-law may provide that a stated local law does not apply, 30
or applies with stated changes, within an urban development 31
area. 32
(4) If a by-law provides that a stated local law does not apply, or 33
applies with stated changes, within an urban development 34
s 105 68 s 106
Urban Land Development Authority Bill 2007
area, the local law does not apply, or applies with the stated 1
changes, within the area. 2
(5) A by-law must be approved by the Governor in Council. 3
Note-- 4
The effect of subsection (5) is that a by-law is subordinate legislation. 5
See the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a). 6
Division 3 Membership of authority 7
105 Members 8
(1) The authority consists of 9 persons (each a member), made up 9
of-- 10
(a) the chairperson (an appointed member); and 11
(b) the chief executive of the department in which the State 12
Development and Public Works Organisation Act 1971 13
is administered; and 14
(c) the chief executive of the department in which the 15
Financial Administration and Audit Act 1977 is 16
administered; and 17
(d) 6 other members (each also an appointed member). 18
(2) Appointed members are to be appointed by the Governor in 19
Council. 20
(3) An appointed member may be appointed on a full-time or 21
part-time basis. 22
(4) Appointed members are appointed under this Act and not the 23
Public Service Act 1996. 24
106 Eligibility for appointment 25
(1) A person is eligible for appointment as an appointed member 26
only if the person-- 27
(a) has extensive knowledge of and experience in 1 or more 28
of the following-- 29
(i) local government; 30
s 107 69 s 110
Urban Land Development Authority Bill 2007
(ii) architecture, urban design or planning; 1
(iii) social policy or community development; 2
(iv) law, economics or accounting; 3
(v) the construction or development industries; 4
(vi) natural resource and environmental management; 5
or 6
(b) has other knowledge and experience the Governor in 7
Council considers appropriate. 8
(2) However, at least 2 appointed members must have local 9
government experience. 10
107 Duration of appointment 11
(1) Subject to sections 109 and 110, an appointed member holds 12
office for the term stated in the member's instrument of 13
appointment. 14
(2) The term stated in the instrument of appointment must not be 15
longer than 5 years. 16
108 Terms and conditions of appointment 17
(1) An appointed member is to be paid the remuneration and 18
allowances decided by the Governor in Council. 19
(2) An appointed member holds office on the terms and 20
conditions, not provided for by this Act, that are decided by 21
the Governor in Council. 22
109 Resignation 23
An appointed member may resign by signed notice given to 24
the Minister. 25
110 Termination of appointment 26
The Governor in Council may end an appointed member's 27
appointment if the member-- 28
(a) is convicted of an indictable offence; or 29
s 111 70 s 111
Urban Land Development Authority Bill 2007
(b) is or becomes an insolvent under administration under 1
the Corporations Act, section 9; or 2
(c) is disqualified from managing corporations under the 3
Corporations Act, part 2D.6; or 4
(d) becomes incapable of being a member because of 5
physical or mental incapacity; or 6
(e) is guilty of misconduct of a type that could warrant 7
dismissal from the public service if the member were an 8
officer of the public service; or 9
(f) does not, without reasonable excuse, comply with 10
section 111; or 11
(g) fails to comply with section 135. 12
Editor's note-- 13
Corporations Act, part 2D.6 (Disqualification from managing 14
corporations) 15
section 135 (Privacy) 16
111 Disclosure of interests 17
(1) This section applies if-- 18
(a) a member, or a close relative of a member, has a direct 19
or indirect pecuniary interest in a matter being 20
considered, or about to be considered, by the authority; 21
and 22
(b) the interest could conflict with the proper performance 23
of the member's functions for the matter. 24
(2) The member must, as soon as practicable, disclose the interest 25
to-- 26
(a) for the chairperson--all the other members; or 27
(b) for another member--the chairperson. 28
(3) If a member has disclosed an interest relating to a matter, the 29
member must not participate in the authority's consideration 30
of the matter. 31
(4) A member must not fail to comply with this section. 32
Maximum penalty--100 penalty units. 33
s 112 71 s 114
Urban Land Development Authority Bill 2007
(5) In this section-- 1
close relative, of a member, means the member's-- 2
(a) spouse; or 3
(b) parent or grandparent; or 4
(c) brother or sister; or 5
(d) child or grandchild. 6
112 Protection of members from civil liability 7
(1) A member, or a person acting in the office of a member, is not 8
civilly liable to someone for an act done, or omission made, 9
honestly and without negligence under this Act or a direction 10
or a requirement under this Act. 11
(2) If subsection (1) prevents a civil liability attaching to the 12
member or person, the liability attaches instead to the State. 13
Division 4 Meetings and other business of 14
authority 15
113 Conduct of business 16
(1) A regulation may provide for how the authority must conduct 17
its business, including its meetings. 18
(2) Subject to subsection (1) and this division, the authority may 19
conduct its business, including its meetings, in the way it 20
considers appropriate. 21
114 Times and places of meetings 22
(1) Authority meetings are to be held at the times and places the 23
chairperson decides. 24
(2) However, the chairperson must call a meeting if asked, in 25
writing, to do so by at least 2 members. 26
(3) Also, the chairperson must call a meeting at least once in each 27
quarter. 28
s 115 72 s 119
Urban Land Development Authority Bill 2007
115 Quorum 1
A quorum for an authority meeting is more than half of the 2
number of members. 3
116 Presiding at meetings 4
(1) The chairperson is to preside at all authority meetings at 5
which the chairperson is present. 6
(2) If the chairperson is not present, the member chosen by the 7
members present is to preside. 8
117 Conduct of meetings 9
(1) The authority may hold meetings, or allow members to take 10
part in its meetings, by using any technology allowing 11
reasonably contemporaneous and continuous communication 12
between persons taking part in the meeting. 13
(2) A person who takes part in an authority meeting under 14
subsection (1) is taken to be present at the meeting. 15
(3) A decision at an authority meeting must be a majority 16
decision of the members present. 17
118 Decisions outside meetings 18
A decision of the authority, other than a decision at an 19
authority meeting, may be made only with the written 20
agreement of a majority of the members. 21
119 Minutes and record of decisions 22
The authority must keep-- 23
(a) minutes of its meetings; and 24
(b) a record of any decisions under section 118. 25
s 120 73 s 122
Urban Land Development Authority Bill 2007
Division 5 Staff of authority 1
120 Chief executive officer 2
(1) The authority must appoint and employ a chief executive 3
officer. 4
(2) However, before a chief executive officer is appointed, the 5
officer's remuneration and allowances and other terms and 6
conditions of the employment must be approved by the 7
Governor in Council. 8
(3) The chief executive officer is employed under this Act and not 9
the Public Service Act 1996. 10
121 Preservation of rights of chief executive officer 11
(1) This section applies if an officer of the public service is 12
appointed as the chief executive officer. 13
(2) The person keeps all rights accrued or accruing to the person 14
as an officer of the public service as if service as the chief 15
executive officer were a continuation of service as a public 16
service officer. 17
(3) At the end of the person's term of office or resignation as the 18
chief executive officer-- 19
(a) the person has the right to be appointed to an office in 20
the public service at a salary level no less than the 21
current salary level of an office equivalent to the office 22
the person held before being appointed as the chief 23
executive officer; and 24
(b) the person's service as the chief executive officer is 25
taken to be service of a like nature in the public service 26
for deciding the person's rights as an officer of the 27
public service. 28
122 Other staff 29
(1) The authority may employ other staff it considers appropriate 30
to perform its functions. 31
s 123 74 s 124
Urban Land Development Authority Bill 2007
(2) The other staff are appointed under the Public Service Act 1
1996. 2
(3) The chairperson may arrange with the chief executive of a 3
department, or with another unit of public administration, for 4
the services of officers or employees of the department or 5
other unit to be made available to the authority. 6
Division 6 Identity cards for particular 7
employees and agents 8
123 Issue of identity card 9
(1) The chief executive officer must issue an identity card to each 10
individual whom the authority authorises to enter premises, 11
under section 103. 12
Editor's note-- 13
section 103 (Application of local government entry powers for 14
authority's functions or powers) 15
(2) The identity card must-- 16
(a) contain a recent photo of the individual; and 17
(b) contain a copy of the individual's signature; and 18
(c) identify the individual as an individual who is 19
authorised by the authority; and 20
(d) state an expiry date for the card. 21
(3) This section does not prevent the issue of a single identity 22
card to a person for this Act and other purposes. 23
124 Production or display of identity card 24
(1) In exercising a power under this Act in relation to another 25
person, the individual must-- 26
(a) produce his or her identity card for the person's 27
inspection before exercising the power; or 28
(b) have the identity card displayed so it is clearly visible to 29
the person when exercising the power. 30
s 125 75 s 126
Urban Land Development Authority Bill 2007
(2) However, if it is not practicable to comply with subsection (1), 1
the individual must produce the identity card for the person's 2
inspection at the first reasonable opportunity. 3
125 Return of identity card 4
If the individual ceases to be authorised as mentioned in 5
section 123, the individual must return the individual's 6
identity card to the chief executive officer within 20 business 7
days after ceasing to be so authorised unless the individual has 8
a reasonable excuse. 9
Maximum penalty--20 penalty units. 10
Division 7 Miscellaneous provisions 11
126 Report about person's criminal history for particular 12
appointments 13
(1) To decide whether to recommend to the Governor in Council a 14
person for appointment as an appointed member, the Minister 15
may ask the commissioner of the police service for-- 16
(a) a written report about the person's criminal history; and 17
(b) a brief description of the circumstances of any 18
conviction mentioned in the criminal history. 19
(2) To decide whether a person is appropriate to be appointed as 20
the chief executive officer, the authority may ask the 21
commissioner of the police service for-- 22
(a) a written report about the person's criminal history; and 23
(b) a brief description of the circumstances of any 24
conviction mentioned in the criminal history. 25
(3) The commissioner of the police service must comply with a 26
request under subsection (1) or (2). 27
(4) However, the Minister or authority may make a request about 28
a person under subsection (1) or (2) only if the person has 29
given the Minister or authority written consent for the request. 30
(5) The duty imposed on the commissioner of the police service 31
to comply with the request applies only to information in the 32
s 127 76 s 127
Urban Land Development Authority Bill 2007
commissioner's possession or to which the commissioner has 1
access. 2
(6) The Minister or authority must ensure a report given to the 3
Minister or authority under this section is destroyed as soon as 4
practicable after it is no longer needed for the purpose for 5
which it was requested. 6
(7) The Minister may delegate the Minister's power's under this 7
section to an appropriately qualified public service officer. 8
(8) In this section-- 9
criminal history, of a person, means the person's criminal 10
history as defined under the Criminal Law (Rehabilitation of 11
Offenders) Act 1986, other than for a spent conviction. 12
spent conviction means a conviction-- 13
(a) for which the rehabilitation period under the Criminal 14
Law (Rehabilitation of Offenders) Act 1986 has expired 15
under that Act; and 16
(b) that is not revived as prescribed by section 11 of that 17
Act. 18
127 Recovery of special rate or charge 19
(1) A special rate or charge does not become owing until 20 20
business days after the owner or occupier on whom the charge 21
is levied receives a notice from the authority stating the 22
special rate or charge and its amount. 23
(2) If there is more than 1 owner or occupier of the land, all the 24
owners or occupiers are jointly and severally liable to pay the 25
amount. 26
(3) If the amount becomes owing under subsection (1), the State 27
may recover it from the owner or occupier as a debt. 28
(4) Also, the State may recover the amount from the owner for the 29
time being of the land. 30
(5) If the State may recover the amount under this section, the 31
Local Government Act 1993, section 1018 and chapter 14, 32
parts 6 and 7, apply for the amount as if-- 33
(a) the special rate or charge were a rate under that Act; and 34
s 128 77 s 129
Urban Land Development Authority Bill 2007
(b) a reference to an overdue rate were a reference to the 1
amount; and 2
(c) a reference to a local government were a reference to the 3
authority; and 4
(d) a reference to the chief executive officer of a local 5
government were a reference to the chief executive 6
officer of the authority. 7
Editor's note-- 8
Local Government Act 1993, section 1018 (Overdue rates may bear 9
interest) and chapter 14, parts 6 (Concessions) and 7 (Recovery of rates) 10
128 Application fees 11
(1) This section applies if the authority is deciding the fee for an 12
application under this Act. 13
(2) The fee can not be more than the actual cost of considering 14
and processing the application. 15
(3) However, for the following applications the fee may also 16
include a reasonable component to recover the authority's 17
costs of making or amending the relevant development 18
scheme-- 19
(a) a UDA development application; 20
(b) an application under section 75 to change a UDA 21
development approval. 22
129 Giving information about roads to relevant local 23
government 24
(1) This section applies if the authority performs a function or 25
exercises a power relating to a road or former road in an urban 26
development area. 27
(2) The authority must give the relevant local government the 28
information the authority has to allow the local government to 29
comply with its obligation for its map and register of roads 30
under the Local Government Act 1993, section 921. 31
s 130 78 s 132
Urban Land Development Authority Bill 2007
130 Ministerial directions or guidelines to the authority 1
(1) The Minister may give the authority-- 2
(a) a written direction about the performance of its 3
functions (a Ministerial direction); or 4
(b) guidelines to help the authority perform its functions. 5
(2) The Minister must, within 14 sitting days after giving a 6
Ministerial direction, table a copy of it in the Legislative 7
Assembly. 8
(3) The authority must comply with the direction. 9
131 Ministerial access to information 10
(1) The Minister may by notice require the authority to give the 11
Minister stated information or stated documents, or copies of 12
documents, in the authority's possession. 13
(2) The authority must comply with the requirement. 14
132 Registers 15
(1) The authority must keep a register of each of the following-- 16
(a) interim land use plans as amended from time to time; 17
(b) each proposed development scheme or proposed 18
amendments of development schemes under part 3; 19
(c) reports on development schemes, under section 29(2); 20
(d) development schemes that have taken effect; 21
(e) UDA development applications; 22
(f) UDA development approvals; 23
(g) by-laws; 24
(h) special rates and charges; 25
(i) Ministerial directions; 26
(j) annual reports under section 134. 27
(2) The authority may also keep a register of other documents or 28
information relating to this Act that the authority considers 29
appropriate. 30
s 133 79 s 134
Urban Land Development Authority Bill 2007
(3) The authority may keep a register in the way it considers 1
appropriate. 2
(4) However, the documents included in the registers must also be 3
published on the authority's website. 4
133 Access to registers 5
(1) The authority must-- 6
(a) keep each register open for inspection by the public 7
during office hours on business days at the places the 8
chief executive officer considers appropriate; and 9
(b) allow a person to search and take extracts from the 10
register; and 11
(c) give a person who asks for it a copy of all or part of a 12
document or information held in the register, on 13
payment of the fee decided by the authority. 14
(2) The fee can not be more than the actual cost of giving the 15
copy. 16
134 Annual report 17
(1) The authority must prepare and give the Minister a written 18
report about the performance of its functions each financial 19
year. 20
(2) The report must be given as soon as practicable after the end 21
of the financial year, but within 4 months after the year ends. 22
(3) Without limiting subsection (1), the report must include-- 23
(a) a copy of any Ministerial directions given during the 24
year; and 25
(b) information about compliance by the authority with 26
timeframes that this Act requires the authority to 27
comply with; and 28
(c) information about any development schemes made 29
during the year and how long it took to make them; and 30
(d) any other matter prescribed under a regulation. 31
s 135 80 s 136
Urban Land Development Authority Bill 2007
(4) To remove any doubt, it is declared that this section does not 1
limit or otherwise affect any obligation the authority has to 2
give a report under the Financial Administration and Audit 3
Act 1977. 4
135 Privacy 5
(1) This section applies to a person who-- 6
(a) is, or has been, a member or a person employed by the 7
authority; and 8
(b) obtains in the course of, or because of, the performance 9
of a function of the authority, personal or confidential 10
information that is not publicly available. 11
(2) The person must not-- 12
(a) make a record of the information; or 13
(b) divulge or communicate the information to anyone else, 14
whether directly or indirectly; or 15
(c) use the information to benefit any person. 16
Maximum penalty--100 penalty units. 17
(3) However, subsection (2) does not apply if the record is made, 18
or the information is divulged, communicated or used-- 19
(a) for, or as a part of, a function of the authority; or 20
(b) with the consent of the person to whom the information 21
relates; or 22
(c) as required by law. 23
136 Delegations 24
(1) The authority may delegate its functions under this Act to-- 25
(a) a member; or 26
(b) the chief executive officer; or 27
(c) the chief executive officer or an appropriately qualified 28
officer of a government entity or local government. 29
(2) However, the authority can not delegate the function of 30
making by-laws or development schemes. 31
s 137 81 s 137
Urban Land Development Authority Bill 2007
(3) Also, a delegation under subsection (1)(c) may be made only 1
if the Minister has approved the making of the delegation. 2
(4) A member, other than an appointed member, may delegate the 3
member's functions as a member to an appropriately qualified 4
public service officer. 5
(5) In this section-- 6
functions includes powers. 7
Part 7 Miscellaneous provisions 8
Division 1 Directions by Governor in Council 9
137 Direction to government entity or local government to 10
accept transfer 11
(1) The Governor in Council may give a government entity or 12
local government (the directed entity) a written direction to 13
accept the transfer to it of-- 14
(a) stated land owned by the authority; or 15
(b) a stated fund the authority has established to ensure the 16
provision of infrastructure relating to stated land owned 17
by the authority. 18
(2) However, the direction may be given only if the Governor in 19
Council is satisfied the transfer is reasonably necessary for the 20
purposes of this Act. 21
(3) The direction may state conditions on which the transfer must 22
be made. 23
(4) The directed entity must do every thing reasonably necessary 24
to comply with the direction. 25
(5) If the directed entity is a local government, on the making of 26
the transfer, the stated land is taken to be land that the local 27
government holds on trust in fee simple to which the 28
Integrated Planning Act, section 5.1.34 applies. 29
s 138 82 s 139
Urban Land Development Authority Bill 2007
138 Direction to government entity or local government to 1
provide or maintain infrastructure 2
(1) The Governor in Council may give a written direction to a 3
government entity or local government (the directed entity) to 4
provide or maintain stated infrastructure in, or relating to, a 5
stated urban development area. 6
(2) However, the direction may be given only if the Governor in 7
Council is satisfied the provision or the maintenance of the 8
infrastructure by the directed entity is necessary for the 9
carrying out of the development scheme for the urban 10
development area. 11
(3) The direction may state conditions on which the infrastructure 12
must be provided or maintained. 13
(4) The directed entity must comply with the direction. 14
(5) Subsection (4) applies despite any other Act or law. 15
Division 2 Other miscellaneous provisions 16
139 Exchange of documents and information with other 17
entities with planning or registration functions 18
(1) Subsection (2) applies on the declaration of an urban 19
development area if a government entity, GOC or local 20
government has planning or registration functions for land or 21
development in the area. 22
(2) The authority may ask the government entity, GOC or local 23
government to give the authority the documents or 24
information the government entity, GOC or local government 25
has that the authority reasonably needs to perform its 26
functions. 27
(3) The entity must comply with the request within a reasonable 28
period. 29
(4) If land ceases to be in an urban development area, the 30
authority must give each entity performing functions 31
mentioned in subsection (1) the documents or information the 32
authority has that the entity needs to perform its functions. 33
s 140 83 s 140
Urban Land Development Authority Bill 2007
(5) Documents or information required to be given under this 1
section must be given free of charge. 2
140 Executive officer must ensure corporation does not 3
commit particular offences 4
(1) The executive officers of a corporation must ensure the 5
corporation complies with the following provisions of this Act 6
(each a designated provision)-- 7
(a) a provision of this Act the contravention of which 8
constitutes a UDA development offence; 9
(b) section 86; 10
(c) section 90. 11
Editor's note-- 12
sections 86 (Offence to contravene enforcement order) and 90 (Offence 13
to contravene Magistrates Court order) 14
(2) If a corporation commits an offence against a designated 15
provision each of its executive officers also commits an 16
offence, namely, the offence of failing to ensure the 17
corporation complies with the provision. 18
Maximum penalty--the penalty for the contravention of the 19
provision by an individual. 20
(3) Evidence that the corporation has been convicted of an 21
offence against a designated provision is evidence that each of 22
its executive officers committed the offence of failing to 23
ensure the corporation complies with the provision. 24
(4) However, it is a defence for an executive officer to prove 25
that-- 26
(a) if the officer was in a position to influence the conduct 27
of the corporation in relation to the offence--the officer 28
exercised reasonable diligence to ensure the corporation 29
complied with the provision; or 30
(b) the officer was not in a position to influence the conduct 31
of the corporation in relation to the offence. 32
(5) In this section-- 33
s 141 84 s 142
Urban Land Development Authority Bill 2007
executive officer, of a corporation, means a person who is 1
concerned with, or takes part in, its management, whether or 2
not the person is a director or the person's position is given 3
the name of executive office. 4
141 Giving authority a false or misleading document 5
(1) A person must not, in relation to the performance of the 6
authority's functions, give the authority a document 7
containing information the person knows is false or 8
misleading in a material particular. 9
Maximum penalty--1665 penalty units. 10
(2) A complaint against a person for an offence against 11
subsection (1) is sufficient if it states that the document was 12
false or misleading to the person's knowledge, without 13
specifying whether it was false or whether it was misleading. 14
142 Evidentiary aids 15
A certificate purporting to be signed by or for the chief 16
executive officer stating any of the following matters is 17
evidence of the matter-- 18
(a) a decision, direction or notice under this Act; 19
(b) a thing that must or may be included in a register; 20
(c) that a stated document is another document kept under 21
this Act; 22
(d) that a stated document is a copy of, or an extract from or 23
part of, a thing mentioned in paragraph (a) or (b); 24
(e) that on a stated day-- 25
(i) a stated person was given a stated decision, 26
direction or notice under this Act; or 27
(ii) a stated direction or requirement under this Act 28
was made of a stated person; 29
(f) that on a stated day, or during a stated period, a UDA 30
development approval was, or was not, in force. 31
s 143 85 s 146
Urban Land Development Authority Bill 2007
143 Application of provisions 1
(1) This section applies if a provision of this Act applies to any of 2
the following (the applied law) for a purpose-- 3
(a) another provision of this Act; 4
(b) another law; 5
(c) a provision of another law. 6
(2) The applied law and any definition relevant to it apply with 7
necessary changes. 8
(3) Subsection (2) is not limited merely because a provision states 9
how the applied law is to apply. 10
144 Review of Act 11
(1) The Minister must, within 5 years after this section 12
commences, carry out a review of the operation and 13
effectiveness of this Act. 14
(2) In carrying out the review, the Minister must have regard to-- 15
(a) the effectiveness of the authority's operations; and 16
(b) the need to continue its functions. 17
(3) The Minister must, as soon as practicable after the review is 18
finished, cause a report of the outcome of the review to be laid 19
before the Legislative Assembly. 20
145 Approved forms 21
The authority may approve forms for use under this Act. 22
146 Regulation-making power 23
(1) The Governor in Council may make regulations under this 24
Act. 25
(2) A regulation may-- 26
(a) provide for any matter for which by-laws may be made; 27
or 28
(b) impose a penalty of no more than 20 penalty units for 29
contravention of a regulation. 30
s 147 86 s 150
Urban Land Development Authority Bill 2007
Part 8 Amendment of Integrated 1
Planning Act 1997 2
147 Act amended in pt 8 3
This part amends the Integrated Planning Act 1997. 4
148 Amendment of s 1.4.4 (New planning instruments can not 5
affect existing development approvals) 6
Section 1.4.4-- 7
insert-- 8
`Note-- 9
See also section 2.5B.19 (New planning instruments can not affect 10
approved master plan).'. 11
149 Amendment of s 2.1.3 (Key elements of planning 12
schemes) 13
Section 2.1.3(1)-- 14
insert-- 15
`Note-- 16
If land in the planning scheme area is a declared master planned area, 17
the planning scheme must also include a structure plan for the master 18
planned area. See section 2.5B.7.'. 19
150 Insertion of new s 2.1.4A 20
Chapter 2, part 1, division 3-- 21
insert-- 22
`2.1.4A Application of div 3 23
`This division does not apply to amendments of a local 24
government's planning scheme to include a structure plan. 25
Note-- 26
For declared master planned areas, see part 5B and schedule 1A.'. 27
s 151 87 s 154
Urban Land Development Authority Bill 2007
151 Amendment of s 2.1.10 (Extent of effect of temporary 1
local planning instrument) 2
Section 2.1.10(2)(a), from `, within' to `section 17,'-- 3
omit. 4
152 Amendment of s 2.1.23 (Local planning instruments have 5
force of law) 6
Section 2.1.23(3), `A planning scheme'-- 7
omit, insert-- 8
`Subject to part 5B, a planning scheme'. 9
153 Amendment of s 2.5.1 (What are regions) 10
Section 2.5.1(a), `the SEQ region; and'-- 11
omit, insert-- 12
`designated regions; and'. 13
154 Replacement of ch 2, pt 5A 14
Chapter 2, part 5A-- 15
omit, insert-- 16
`Part 5A Regional planning in 17
designated regions 18
`Division 1 Preliminary 19
`2.5A.1 Application of pt 5A 20
`This part applies to a designated region. 21
`2.5A.2 What is a designated region 22
`(1) A designated region is-- 23
(a) the local government areas, or the parts of local 24
government areas, prescribed under a regulation; and 25
s 154 88 s 154
Urban Land Development Authority Bill 2007
(b) Queensland waters adjacent to the local government 1
areas or parts. 2
`(2) A regulation under subsection (1)(a) must give a name to each 3
designated region it prescribes. 4
`Division 2 Regional coordination committees 5
`2.5A.3 Establishment of regional coordination committee 6
`(1) The regional planning Minister for a designated region must 7
establish a regional coordination committee for the region. 8
`(2) However, subsection (3) applies if-- 9
(a) a regional planning advisory committee is established 10
under section 2.5.2 for a region; and 11
(b) the area covered by the region is the same or 12
substantially the same as a designated region. 13
`(3) The regional planning advisory committee for the region is 14
taken to be the regional coordination committee established 15
for the designated region. 16
`2.5A.4 Function of regional coordination committee 17
`The function of a designated region's regional coordination 18
committee is to advise the State, through the regional 19
planning Minister for the region, about the development and 20
implementation of the region's regional plan. 21
`2.5A.5 Membership of regional coordination committee 22
`(1) A designated region's regional coordination committee has 23
the membership decided by the regional planning Minister for 24
the region by gazette notice. 25
`(2) A member of a designated region's regional coordination 26
committee must be-- 27
(a) a Minister; or 28
(b) a mayor or councillor of a local government of the 29
region; or 30
s 154 89 s 154
Urban Land Development Authority Bill 2007
(c) a person who has the appropriate qualifications, 1
experience or standing to be a member of the 2
committee. 3
`(3) However, this section does not apply if section 2.5A.3(3) 4
applies to the designated region. 5
`2.5A.6 Dissolution of regional coordination committee 6
`The regional planning Minister for a designated region may 7
dissolve its regional coordination committee at any time. 8
`2.5A.7 Quorum 9
`A quorum for a meeting of a regional coordination committee 10
is 1 more than half the number of members of the committee. 11
`2.5A.8 Presiding at meetings 12
`(1) The regional planning Minister for a designated region 13
presides at all meetings of its regional coordination 14
committee. 15
`(2) If the regional planning Minister for the designated region is 16
absent, the member nominated by the Minister must preside. 17
`2.5A.9 Conduct of meetings 18
`(1) Meetings of a designated region's regional coordination 19
committee must be conducted at the time and place the 20
regional planning Minister for the region decides. 21
`(2) A regional coordination committee must conduct its business 22
and proceedings at meetings in the way it decides from time to 23
time. 24
s 154 90 s 154
Urban Land Development Authority Bill 2007
`Division 3 Regional plans for designated 1
regions 2
`2.5A.10 What is a regional plan 3
`(1) A regional plan for a designated region is an instrument made 4
under section 2.5A.14(2) by the regional planning Minister 5
for the region. 6
`(2) A regional plan is a statutory instrument under the Statutory 7
Instruments Act 1992 and has the force of law. 8
`2.5A.11 Key elements of regional plan 9
`The regional planning Minister for a designated region must 10
be satisfied its regional plan-- 11
(a) identifies-- 12
(i) the desired regional outcomes for the region; and 13
(ii) the policies and actions for achieving the desired 14
regional outcomes; and 15
(b) identifies the desired future spacial structure of the 16
region including-- 17
(i) a future regional land use pattern; and 18
(ii) provision for regional infrastructure to service the 19
future regional land use pattern, to inform-- 20
(A) local governments when preparing priority 21
infrastructure plans; and 22
(B) the State, local governments and other 23
entities about infrastructure plans and 24
investments; and 25
(iii) key regional environmental, economic and cultural 26
resources to be preserved, maintained or 27
developed; and 28
(iv) the way the resources are to be preserved, 29
maintained or developed; and 30
(v) for paragraph (b)(iii), regional landscape areas; and 31
s 154 91 s 154
Urban Land Development Authority Bill 2007
(c) includes any other relevant regional planning matter for 1
this Act. 2
`Division 4 Preparing and making regional 3
plans 4
`2.5A.12 Regional planning Minister to prepare draft regional 5
plan 6
`(1) The regional planning Minister for a designated region must 7
prepare a draft regional plan for the region. 8
`(2) The regional planning Minister must consult with the 9
designated region's regional coordination committee about 10
preparing the draft. 11
`2.5A.13 Notice of and public consultation on draft regional 12
plan 13
`(1) When the regional planning Minister for the designated region 14
has prepared the draft regional plan for the region, that 15
Minister must publish a notice-- 16
(a) in the gazette; and 17
(b) at least once in a newspaper circulating in the region. 18
`(2) The notice must state the following-- 19
(a) that the draft regional plan is available for inspection 20
and purchase; 21
(b) where copies of the draft regional plan are available for 22
inspection and purchase; 23
(c) a contact telephone number for information about the 24
draft regional plan; 25
(d) that written submissions about any aspect of the draft 26
regional plan may be given to the regional planning 27
Minister by any person; 28
(e) the period (the consultation period) during which the 29
submissions may be made; 30
s 154 92 s 154
Urban Land Development Authority Bill 2007
(f) the requirements for a properly made submission for 1
this section. 2
`(3) The consultation period must be for at least 60 business days 3
after the day the notice is gazetted. 4
`(4) The regional planning Minister must send a copy of the notice 5
and the draft regional plan to each local government in the 6
designated region. 7
`(5) The regional planning Minister may send a copy of the notice 8
and the draft regional plan to any other entity the regional 9
planning Minister considers appropriate. 10
`(6) For all of the consultation period, the regional planning 11
Minister must keep a copy of the draft regional plan available 12
for inspection and purchase. 13
`2.5A.14 Making regional plan 14
`(1) The regional planning Minister for the designated region 15
must-- 16
(a) consider every properly made submission about the 17
draft regional plan for the region; and 18
(b) consult with the designated region's regional 19
coordination committee about making the regional plan. 20
`(2) After the regional planning Minister has acted under 21
subsection (1), that Minister may-- 22
(a) make the regional plan as provided for in the draft 23
regional plan as published; or 24
(b) make the regional plan and include any amendments of 25
the draft regional plan the regional planning Minister 26
considers appropriate. 27
`2.5A.15 Notice of making of regional plan 28
`(1) After the regional planning Minister for the designated region 29
has made the regional plan for the region, that Minister must 30
publish a notice about the making of the plan-- 31
(a) in the gazette; and 32
(b) at least once in a newspaper circulating in the region. 33
s 154 93 s 154
Urban Land Development Authority Bill 2007
`(2) The notice must state the following-- 1
(a) the day the regional plan was made; 2
(b) where a copy of the plan may be inspected and 3
purchased. 4
`(3) The regional plan for the designated region has effect on and 5
from-- 6
(a) the day the making of the regional plan is gazetted; or 7
(b) if a later day for the commencement of the regional plan 8
is stated in the regional plan--the later day. 9
`Division 5 Amending or replacing regional 10
plans 11
`2.5A.16 Regional planning Minister may amend or replace 12
regional plan 13
`The regional planning Minister for a designated region 14
may-- 15
(a) amend the region's regional plan; or 16
(b) replace the region's regional plan with a new regional 17
plan. 18
`2.5A.17 How regional plan is amended or replaced 19
`(1) Division 4 applies for amending a designated region's 20
regional plan-- 21
(a) as if a reference in the division to the draft regional plan 22
were a reference to the amendment; and 23
(b) as if a reference to 60 business days were a reference to 24
30 business days; and 25
(c) with any other necessary changes. 26
`(2) Division 4 also applies for making a new regional plan for a 27
designated region. 28
`(3) If the regional plan is replaced by a new regional plan, the new 29
regional plan has effect on and from-- 30
s 154 94 s 154
Urban Land Development Authority Bill 2007
(a) the day the making of the new regional plan is gazetted; 1
or 2
(b) if a later day for the commencement of the new regional 3
plan is stated in the new regional plan--the later day. 4
`(4) When acting under section 2.5A.14, the regional planning 5
Minister may also decide not to proceed with the amendment 6
or replacement. 7
`(5) If the regional planning Minister for the designated region 8
makes a decision under subsection (4), that Minister must 9
publish a notice in the gazette stating that the Minister has 10
decided not to proceed with the amendment or replacement. 11
`2.5A.18 Particular amendments of regional plan 12
`(1) This section applies if-- 13
(a) the regional plan for a designated region requires only a 14
minor amendment; or 15
(b) the regional planning Minister for a designated region 16
wishes to amend the region's regional plan to include a 17
document to be made under the plan that-- 18
(i) has been prepared by a public sector entity; and 19
(ii) the regional planning Minister is satisfied-- 20
(A) demonstrates how the regional plan will be 21
implemented; and 22
(B) has been subject to adequate public 23
consultation. 24
Editor's note-- 25
For local growth management strategies under the SEQ regional 26
plan, see chapter 6, part 8, division 1. 27
`(2) The regional planning Minister for the designated region may 28
make the amendment and division 4 does not apply to the 29
making of the amendment. 30
`(3) If the regional planning Minister makes the amendment, the 31
regional planning Minister must publish a notice about the 32
making of the amendment-- 33
(a) in the gazette; and 34
s 154 95 s 154
Urban Land Development Authority Bill 2007
(b) at least once in a newspaper circulating in the region. 1
`(4) The notice must state the following-- 2
(a) the day the amendment was made; 3
(b) where a copy of the regional plan, as amended, may be 4
inspected and purchased. 5
`Division 6 Effect of regional plans 6
`2.5A.19 State interest 7
`For this Act, a designated region's regional plan is taken to be 8
a State interest. 9
`2.5A.20 Local governments to amend planning schemes to 10
reflect regional plan 11
`(1) This section applies to a local government prescribed under 12
section 2.5A.2(1) for a designated region unless the regional 13
planning Minister for the region gives the local government a 14
written direction to the contrary. 15
`(2) The local government must amend its planning scheme under 16
schedule 1 to reflect the designated region's regional plan as 17
made, amended or replaced. 18
`(3) The regional planning Minister for the designated region may 19
amend the planning scheme if-- 20
(a) the regional planning Minister is satisfied a local 21
government must amend its planning scheme under 22
subsection (2); and 23
(b) the local government has not, within 90 business days 24
after the day notice of the making of the designated 25
region's regional plan was gazetted, complied with 26
schedule 1, section 9(3) for the amendment. 27
`(4) Schedule 1, sections 12 to 17 and 19 to 21 apply for amending 28
the planning scheme under subsection (3). 29
`(5) However, for subsection (4), and if the context requires, a 30
reference in schedule 1 to-- 31
s 154 96 s 154
Urban Land Development Authority Bill 2007
(a) the local government is a reference to the regional 1
planning Minister for the designated region; and 2
(b) a decision of the local government is a reference to a 3
decision of the regional planning Minister for the 4
designated region; and 5
(c) a local government's chief executive officer is a 6
reference to the chief executive of the department; and 7
(d) the local government's public office is a reference to the 8
department's State office. 9
`(6) Anything done by the regional planning Minister under 10
subsection (3) is taken to have been done by the local 11
government and has the same effect as it would have had if 12
the local government had done it. 13
`(7) An expense reasonably incurred by the regional planning 14
Minister in taking an action under subsection (3) may be 15
recovered from the local government as a debt owing to the 16
State. 17
`(8) The regional planning Minister may, in writing, extend the 18
period mentioned in subsection (3)(b). 19
`(9) Nothing in this section affects or is affected by part 3. 20
`2.5A.21 Effect of regional plan on other plans, policies or 21
codes 22
`(1) This section does not apply in relation to a State planning 23
regulatory provision. 24
Note-- 25
For State planning regulatory provisions, see section 2.5C.5 26
(Relationship with other planning instruments). 27
`(2) An entity responsible for preparing or amending a plan, policy 28
or code under an Act that may affect a matter under section 29
2.5A.11 must-- 30
(a) in preparing the plan, policy or code, or the amendment 31
of the plan, policy or code, take account of the region's 32
regional plan; and 33
(b) state in the plan, policy or code how the plan, policy or 34
code, or the amendment of the plan, policy or code, will 35
s 154 97 s 154
Urban Land Development Authority Bill 2007
reflect the region's regional plan for the matters under 1
section 2.5A.11. 2
`(3) For this Act, to the extent there is an inconsistency between a 3
regional plan and any other plan, policy or code under an Act 4
of a planning nature, including any other planning instrument, 5
the regional plan prevails. 6
`Part 5B Master planning for particular 7
areas of State interest 8
`Division 1 Preliminary 9
`2.5B.1 Purpose of pt 5B 10
`The purpose of this part is to provide for the following-- 11
(a) the identification, by local governments, regional 12
planning Ministers for designated regions and the 13
Minister, of areas (called master planned areas) to be the 14
subject of integrated land use and infrastructure 15
planning; 16
(b) for declared master planned areas, local governments to 17
make, in conjunction with the State, integrated land use 18
plans (called structure plans) setting out the broad 19
environmental, infrastructure and development intent to 20
guide detailed planning for the areas; 21
(c) the processes for making structure plans; 22
(d) plans (called master plans) about the detailed planning 23
of the areas; 24
(e) the processes for making and approving master plans; 25
(f) particular State assessment manager and referral agency 26
functions under IDAS to be replaced with the role of 27
State agencies who coordinate or participate in the 28
making of structure plans and the approval of master 29
plans for the areas. 30
s 154 98 s 154
Urban Land Development Authority Bill 2007
`Division 2 Master planned areas 1
`2.5B.2 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 2.5B.3 (a master 11
planned 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 2.5B.3 (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
Note-- 24
An SEQ regional plan major development area under chapter 6, part 8, 25
is taken to be identified for this section as a master planned area, but not 26
as a declared master planned area. See section 6.8.8(2). 27
`2.5B.3 Master planned area declarations 28
`(1) A master planned area declaration is made by a notice 29
published-- 30
(a) in the gazette; and 31
s 154 99 s 154
Urban Land Development Authority Bill 2007
(b) in at least 1 newspaper circulating in the area of the local 1
government. 2
`(2) The declaration must identify the master planned area and 3
state-- 4
(a) the coordinating agency for the structure plan for the 5
area; and 6
(b) the participating agencies for the structure plan for the 7
area; and 8
(c) the jurisdiction or jurisdictions that the coordinating 9
agency and each participating agency has under IDAS 10
and for which they are the coordinating agency or a 11
participating agency for the structure plan for the area; 12
and 13
Note-- 14
The jurisdiction is relevant to which agencies will be referral 15
agencies for development applications relating to the area. See 16
section 2.5B.64. 17
(d) the timeframes for steps identified in schedule 1A for 18
the making of the structure plan. 19
`(3) The declaration may identify other matters the Minister 20
considers appropriate for the making of the structure plan or 21
the master planning of the area. 22
`2.5B.4 Restriction on particular development applications in 23
master planned area 24
`(1) A development application for a preliminary approval to 25
which section 3.1.6 applies may be made for a master planned 26
area only-- 27
(a) after the structure plan for the area takes effect; and 28
(b) if the structure plan states that a development 29
application for a preliminary approval to which section 30
3.1.6 applies can be made. 31
`(2) A development application for a preliminary approval 32
permitted to be made under subsection (1) can not seek to 33
vary the effect of the structure plan area code included in the 34
structure plan. 35
s 154 100 s 154
Urban Land Development Authority Bill 2007
`(3) If the preliminary approval is issued it is of no effect to the 1
extent it purports to vary the effect of the structure plan area 2
code. 3
`2.5B.5 Notation of master planned areas on planning 4
scheme 5
`(1) The local government must note on its planning scheme for its 6
planning scheme area each master planned area identified 7
in-- 8
(a) a regional plan or a document made under a regional 9
plan; or 10
(b) a State planning regulatory provision; or 11
(c) a master planned area declaration. 12
`(2) The note is not an amendment of the planning scheme. 13
`(3) Failure to comply with subsection (1) does not affect the 14
validity of the identification of the master planned area. 15
`Division 3 Structure plans for master planned 16
areas declared by the Minister 17
`2.5B.6 Application of div 3 18
`This division applies only for a declared master planned area. 19
`2.5B.7 Local government's obligation to have structure plan 20
`The local government must have a structure plan for the area. 21
`2.5B.8 Content of structure plan 22
`(1) The structure plan must be-- 23
(a) a part of the local government's planning scheme; and 24
(b) an integrated land use plan, setting out the broad 25
environmental, land use, infrastructure and development 26
intended to guide detailed planning for the area. 27
s 154 101 s 154
Urban Land Development Authority Bill 2007
`(2) The structure plan must-- 1
(a) include a structure plan area code that-- 2
(i) states the development entitlements and 3
development obligations for the area; and 4
(ii) includes a structure plan map that gives a spatial 5
dimension to the matters the subject of the code; 6
and 7
(b) identify master planning requirements for all or part of 8
the area, including for example-- 9
(i) any master plans required to be made for the area 10
or the part; and 11
(ii) any requirements with which master plans must 12
comply; and 13
(iii) whether a master plan is required to be assessed by 14
the State, and if so-- 15
(A) the coordinating agency and the participating 16
agencies for the master plan application for 17
the master plan; and 18
(B) their jurisdiction for the application; and 19
Note-- 20
The jurisdiction is relevant to which agencies will be 21
referral agencies for development applications relating to 22
the area. See section 2.5B.64. 23
(iv) any requirements for public notification of master 24
plans; and 25
(v) any period that, under division 5, may be provided 26
for in the structure plan; and 27
Note-- 28
For the periods, see sections 2.5B.24(2) and 2.5B.35(2). 29
(c) for development in the area-- 30
(i) state development that is-- 31
(A) exempt development; and 32
(B) self-assessable development; and 33
s 154 102 s 154
Urban Land Development Authority Bill 2007
(C) assessable development requiring code or 1
impact assessment; and 2
(ii) codes for the development. 3
`(3) The structure plan may-- 4
(a) state desired environmental outcomes for the area; or 5
(b) state assessable development requiring impact 6
assessment that a master plan may state is 7
self-assessable development or assessable development 8
requiring code assessment; or 9
(c) state that development can not be carried out in the area 10
until there is a master plan for the area; or 11
Note-- 12
See also section 4.3.5B(4) (Compliance with master plans). 13
(d) state that a development application for a preliminary 14
approval to which section 3.1.6 applies can be made for 15
development in the area; or 16
(e) include a regulated State infrastructure charges 17
schedule. 18
`2.5B.9 Relationship with schs 8 and 9 19
`(1) The structure plan must be consistent with schedules 8 and 9. 20
`(2) However, the structure plan may state a level of assessment 21
for the matters mentioned in the items mentioned in section 22
2.5B.63(1)(a) that is different from the level of assessment 23
under schedule 8, part 1 or 2 for the matters. 24
`(3) To the extent the structure plan is inconsistent with what is 25
required or permitted under subsections (1) and (2) the 26
structure plan is of no effect. 27
`2.5B.10 Provisions for making structure plan 28
`(1) The structure plan must-- 29
(a) be prepared as required by any guidelines prescribed 30
under a regulation; and 31
(b) be made under schedule 1A. 32
s 154 103 s 154
Urban Land Development Authority Bill 2007
Editor's note-- 1
For structure plans under the SEQ regional plan, see chapter 6, part 8, 2
division 1. 3
`(2) However, if the structure plan is made in substantial 4
compliance with schedule 1A, the plan is valid so long as any 5
noncompliance has not-- 6
(a) adversely affected the awareness of the public of the 7
existence and nature of the proposed structure plan; or 8
(b) restricted the opportunity of the public under schedule 9
1A to make a properly made submission; or 10
(c) restricted the opportunity of the Minister to perform the 11
Minister's functions under schedule 1A, sections 3, 7 12
and 14. 13
`2.5B.11 Provisions for new planning schemes 14
`(1) Subsection (2) applies if the local government has complied 15
with schedule 1A for making a structure plan but the planning 16
scheme in which the plan was being sought to be included 17
ceases to have effect. 18
`(2) The Minister may approve the inclusion of the structure plan 19
in a new planning scheme with changes the Minister considers 20
appropriate without the local government having to comply 21
again with schedule 1A. 22
`(3) Subsection (4) applies if the local government has a structure 23
plan (the existing plan) and it proposes to make a new 24
planning scheme. 25
`(4) A structure plan (the remade plan) may be included in the 26
new planning scheme without having to comply with schedule 27
1A if the Minister has agreed that the remade plan is 28
substantially consistent with the existing plan. 29
`2.5B.12 When structure plan takes effect 30
`The structure plan has effect on and from-- 31
(a) the day the adoption of the plan is notified in the gazette, 32
under schedule 1A; or 33
s 154 104 s 154
Urban Land Development Authority Bill 2007
(b) if a later day for the commencement of the plan is stated 1
in the plan--the later day. 2
`Division 4 General provisions about master 3
plans 4
`2.5B.13 Application of div 4 5
`This division applies if the structure plan for a declared 6
master planned area requires a master plan for all or part of 7
the area. 8
`2.5B.14 Local government approval required 9
`A person preparing a proposed master plan under the 10
structure plan must apply for and obtain the local 11
government's approval of the proposed plan, under division 5. 12
`2.5B.15 Content of master plan 13
`(1) The master plan must-- 14
(a) include a master plan area code that-- 15
(i) states the development entitlements and 16
development obligations for the master planning 17
unit for the plan; and 18
(ii) includes a master plan map that gives a spatial 19
dimension to the matters the subject of the code; 20
and 21
(b) for development in the master planning unit-- 22
(i) state whether the development is-- 23
(A) exempt development; or 24
(B) self-assessable development; or 25
(C) assessable development requiring code 26
assessment; or 27
(D) assessable development requiring impact 28
assessment; and 29
s 154 105 s 154
Urban Land Development Authority Bill 2007
(ii) state codes for the development; and 1
(iii) state when the development must be completed. 2
Note-- 3
If the development is not completed within the stated time, see section 4
2.5B.20 (When master plan ceases to have effect). 5
`(2) For subsection (1)(b)(i), the master plan may, for development 6
in the master planning unit, state levels of assessment that 7
vary the effect of a level of assessment stated in the structure 8
plan for the master planning unit, in 1 or more of the 9
following ways-- 10
(a) if the structure plan provides that a master plan may 11
state that assessable development requiring impact 12
assessment is self-assessable development or assessable 13
development requiring code assessment--vary the level 14
of assessment; 15
(b) for development stated in the structure plan as code 16
assessable development--vary its level of assessment to 17
self-assessable development; 18
(c) increase any level of assessment stated in the structure 19
plan. 20
`(3) For subsection (1)(b)(ii), the master plan may, for 21
development in the master planning unit, identify a code for 22
development that varies the effect of a code in the local 23
government's planning scheme included in the structure plan 24
for the master planning unit. 25
`(4) However, the code for development-- 26
(a) can not vary the effect of the structure plan area code 27
identified in the structure plan; and 28
(b) must be substantially consistent with the code that it 29
varies the effect of. 30
`(5) The master plan may-- 31
(a) require later master plans for the master planning unit; 32
and 33
(b) state requirements with which a later master plan must 34
comply. 35
s 154 106 s 154
Urban Land Development Authority Bill 2007
`2.5B.16 Relationship with schs 8 and 9 1
`(1) The master plan must be consistent with schedules 8 and 9. 2
`(2) However, the master plan may state a level of assessment for 3
the matters mentioned in the items mentioned in section 4
2.5B.63(1)(a) that is different from the level of assessment 5
under schedule 8, part 1 or 2 for the matters. 6
`(3) To the extent the master plan is inconsistent with what is 7
required or permitted under subsections (1) and (2) the master 8
plan is of no effect. 9
`2.5B.17 Relationship with local planning instruments 10
`To the extent the master plan is, by doing either or both of the 11
things provided for under section 2.5B.15(1)(b)(i) or (ii), 12
different to a local planning instrument, the master plan 13
prevails. 14
`2.5B.18 Master plan attaches to land in master planning unit 15
`(1) The master plan attaches to all land in the master planning 16
unit, and binds the owner, the owner's successors in title and 17
any occupier of the land. 18
Note-- 19
See also section 4.3.5B (Compliance with master plans). 20
`(2) To remove any doubt, it is declared that subsection (1) applies 21
even if later development, including reconfiguring a lot, is 22
carried out or approved for the land, or the land is 23
reconfigured. 24
`2.5B.19 New planning instruments can not affect approved 25
master plan 26
`If, after a master plan is approved, a new planning 27
instrument, or an amendment of a planning instrument, 28
commences, neither the planning instrument nor the 29
amendment can change or otherwise affect the master plan. 30
s 154 107 s 154
Urban Land Development Authority Bill 2007
`2.5B.20 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 5 Applying for and obtaining approval 10
of proposed master plan 11
`Subdivision 1 Application stage for proposed 12
master plan 13
`2.5B.21 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
Note-- 18
See also section 4.3.5B(4) (Compliance with master plans). 19
`2.5B.22 Requirements for application 20
`(1) The master plan application must-- 21
(a) be written; and 22
(b) if the application is made other than by the owner of the 23
land in the master planning unit for the proposed master 24
plan--contain, or be supported by, the owner's written 25
consent to the making of the application; and 26
(c) state-- 27
(i) the proposed master plan; and 28
(ii) the master planning unit; and 29
s 154 108 s 154
Urban Land Development Authority Bill 2007
(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 2.5B.23; 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
`2.5B.23 Local government gives application to coordinating 21
agency 22
`(1) The local government must give any coordinating agency a 23
copy of the master plan application within 10 business days 24
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
`2.5B.24 Request for information from applicant 29
`(1) The participating agencies, the coordinating agency and the 30
local government may ask the applicant, by written request (a 31
s 154 109 s 154
Urban Land Development Authority Bill 2007
request for information) to give further information needed to 1
assess the master plan application. 2
`(2) A participating agency must within 40 business days or any 3
lesser period provided for under the structure plan after the 4
day (the request date) the application is received by the 5
participating agency give the coordinating agency a written 6
notice-- 7
(a) making a request for information; or 8
(b) stating that the participating agency will not be making a 9
request for information. 10
`(3) If there are participating agencies, the coordinating agency 11
must-- 12
(a) coordinate (the coordinated request) any requests for 13
information by the participating agencies and its own 14
request; and 15
(b) give the local government a written request making the 16
coordinated request within 10 business days after the 17
request date. 18
`(4) If there are no participating agencies, the coordinating agency 19
must, within 40 business days after it receives the application, 20
give the local government a written notice-- 21
(a) making a request for information; or 22
(b) stating that the coordinating agency will not be making a 23
request for information. 24
`(5) The local government must give any request for information 25
received from the coordinating agency, as well as any request 26
for information to be issued by the local government, to the 27
applicant within-- 28
(a) 5 business days after the day the local government 29
receives a request for information from the coordinating 30
agency; or 31
(b) 15 business days after the request date if the local 32
government does not receive a request for information 33
from the coordinating agency; or 34
(c) if there is no coordinating agency--40 business days or 35
any lesser period provided for under the structure plan 36
s 154 110 s 154
Urban Land Development Authority Bill 2007
after the day the application is received by the local 1
government. 2
`(6) If a purported request for information by the coordinating 3
agency is made after the period required under this section, 4
the local government must give the applicant the purported 5
request within 5 business days after receiving the request. 6
`2.5B.25 Applicant responds to any request for information 7
`(1) If the applicant receives a request for information from the 8
local government, the applicant must give the local 9
government a written response to each request for information 10
that-- 11
(a) gives all of the information requested; or 12
(b) gives part of the information requested together with a 13
notice asking the coordinating agency and the local 14
government to proceed with the assessment of the 15
master plan application; or 16
(c) is a written notice-- 17
(i) stating that the applicant does not intend to supply 18
any of the information requested; and 19
(ii) asking the coordinating agency and the local 20
government to proceed with the assessment of the 21
application. 22
`(2) The applicant must give the local government the response 23
within-- 24
(a) generally--the period that ends 12 months after the day 25
the applicant received the request for information from 26
the local government (the usual period); or 27
(b) if, within the usual period, the local government and any 28
coordinating agency agree with the applicant to extend 29
the usual period--that extended period. 30
`(3) The response must be accompanied by enough copies of it to 31
allow subsections (4) and (5) to be complied with. 32
`(4) The local government must give the coordinating agency a 33
copy of the response within 5 business days after the day the 34
local government receives it. 35
s 154 111 s 154
Urban Land Development Authority Bill 2007
`(5) The coordinating agency must give a participating agency a 1
copy of the response within 5 business days after the day the 2
coordinating agency receives it. 3
`(6) To remove any doubt, it is declared that this section does not 4
prevent the applicant from responding to a purported request 5
for information mentioned in section 2.5B.24(6). 6
`2.5B.26 Lapsing of application if applicant does not respond 7
`If the applicant does not comply with section 2.5B.25(2), the 8
master plan application lapses. 9
`Subdivision 3 Consultation stage 10
`2.5B.27 When consultation is required 11
`(1) The applicant must give public notice of the master plan 12
application-- 13
(a) in the circumstances stated in the structure plan for the 14
master planned area; or 15
(b) if the proposed master plan seeks to reduce the level of 16
assessment of assessable development requiring impact 17
assessment stated in the structure plan as being capable 18
of being reduced in a master plan to self-assessable 19
development or assessable development requiring code 20
assessment. 21
`(2) The public notice must comply with section 2.5B.28 and 22
2.5B.29. 23
`(3) If the public notice is required, the applicant must give the 24
local government a copy of the notice. 25
`2.5B.28 Content requirements for public notice 26
`(1) Any required public notice of the master plan application 27
must be the publication, at least once in a newspaper 28
circulating in the master planned area, of a notice stating the 29
following-- 30
s 154 112 s 154
Urban Land Development Authority Bill 2007
(a) that the applicant has applied for approval of a proposed 1
master plan; 2
(b) a description of the master plan and the master planning 3
unit; 4
(c) a contact telephone number of the local government for 5
information about the proposed master plan; 6
(d) that the application is open for inspection and purchase; 7
(e) that written submissions about any aspect of the 8
application may be made to the local government by any 9
person; 10
(f) the period (the consultation period) during which a 11
submission may be made; 12
(g) that the making of a submission does not give rise to a 13
right of appeal against a decision about the application; 14
(h) the requirements for a properly made submission. 15
`(2) The consultation period-- 16
(a) must be at least 20 business days after the publication; 17
and 18
(b) must not include any business day from 20 December in 19
a particular year to 5 January in the following year, both 20
days inclusive. 21
`2.5B.29 When public notice must be given 22
`(1) Any required public notice of the master plan application 23
must be published within 20 business days after-- 24
(a) if a request for information is made under section 25
2.5B.24--the response to the request being given to the 26
local government, under section 2.5B.25; or 27
(b) if no request for information is made under section 28
2.5B.24--the end of the period mentioned in section 29
2.5B.24(5)(b) or (c). 30
`(2) However, if-- 31
(a) a purported request for information is made after the 32
period required under section 2.5B.24; and 33
s 154 113 s 154
Urban Land Development Authority Bill 2007
(b) the applicant elects to comply with the request before 1
the end of the 20 business days mentioned in subsection 2
(1); 3
the public notice must be given within 20 business days after 4
the applicant complies with the request. 5
`2.5B.30 Notice to comply with public notice requirement 6
`(1) This section applies if public notice of the master plan 7
application is required and the applicant does not comply with 8
section 2.5B.29. 9
`(2) The local government may give the applicant a written notice 10
requiring the public notice under section 2.5B.29 to be 11
published within a stated period after the giving of the notice. 12
`(3) The stated period must be at least 10 business days after the 13
giving of the notice. 14
`2.5B.31 Lapsing of application if notice not complied with 15
`If the applicant does not comply with a notice under section 16
2.5B.30, the master plan application lapses. 17
`2.5B.32 Making submissions 18
`(1) During the consultation period, any person may make a 19
submission to the local government about the master plan 20
application. 21
`(2) The local government must accept a submission if the 22
submission is a properly made submission. 23
`(3) However, the local government may accept a written 24
submission even if the submission is not a properly made 25
submission. 26
`(4) If the local government has accepted a submission, the person 27
who made the submission may, by written notice-- 28
(a) during the consultation period, amend the submission; 29
or 30
(b) at any time before a decision on the application is made 31
by the local government, withdraw the submission. 32
s 154 114 s 154
Urban Land Development Authority Bill 2007
`2.5B.33 Distribution of submissions 1
`(1) The local government must, if asked by the coordinating 2
agency, give a copy of each properly made submission or 3
other submission accepted under section 2.5B.32(3) or 4
amended under 2.5B.32(4)(a) to the coordinating agency-- 5
(a) for a properly made submission--within 5 business days 6
after the end of the consultation period; or 7
(b) for a submission accepted under section 2.5B.32(3) or 8
amended under section 2.5B.32(4)(a)--within 5 9
business days after the submission is accepted or 10
amended. 11
`(2) The local government must also advise the coordinating 12
agency of any withdrawn submission within 5 business days 13
after the local government is advised a submission is 14
withdrawn. 15
`(3) The coordinating agency must give a copy of the submissions 16
received by it under subsection (1), to the participating 17
agencies within 5 business days after the day the coordinating 18
agency receives the submissions from the local government. 19
`(4) The coordinating agency must advise the participating 20
agencies of any withdrawn submission within 5 business days 21
after the day the coordinating agency receives an advice under 22
subsection (2). 23
`Subdivision 4 State government decision stage 24
`2.5B.34 Assessment by participating agency and 25
coordinating agency 26
`(1) Any participating agency and any coordinating agency must 27
assess the master plan application-- 28
(a) for participating agencies, within the limits of their 29
jurisdiction as stated in the structure plan; and 30
(b) against the following-- 31
(i) State planning regulatory provisions; 32
s 154 115 s 154
Urban Land Development Authority Bill 2007
(ii) a regional plan not appropriately reflected in the 1
structure plan; 2
(iii) State planning policies or parts of State planning 3
policies not appropriately reflected in the structure 4
plan; 5
(iv) if the master planning unit contains designated 6
land, its designation; 7
(v) the structure plan for the master planned area; 8
(vi) other master plans applicable to the master 9
planning unit for the proposed master plan; 10
(vii) State infrastructure agreements for the master 11
planned area; and 12
(c) having regard to-- 13
(i) the planning scheme and any other relevant local 14
planning instrument; and 15
(ii) other master plans applicable to the master planned 16
area. 17
`(2) In assessing the application, a participating agency or the 18
coordinating agency may give the weight it is satisfied is 19
appropriate to a document of a type mentioned in subsection 20
(1)(b) or (c) that came into effect after the application was 21
made but before it acts under section 2.5B.35 or 2.5B.39. 22
`2.5B.35 Participating agency's response 23
`(1) A participating agency must advise the coordinating agency 24
of its recommendation within the required period after-- 25
(a) if the participating agency does not make a request for 26
information--the day it received the master plan 27
application; or 28
(b) if the participating agency makes a request for 29
information--the day it receives the response to the 30
request. 31
`(2) In this section-- 32
required period means-- 33
s 154 116 s 154
Urban Land Development Authority Bill 2007
(a) generally--60 business days; or 1
(b) if the structure plan states a lesser period for the giving 2
of the recommendation--the lesser period. 3
`2.5B.36 Participating agency's response powers 4
`(1) A participating agency may, within the limits of its 5
jurisdiction as stated in the structure plan, recommend to the 6
coordinating agency one or more of the following-- 7
(a) that it has no conditions to include in an approval of the 8
proposed master plan; 9
(b) conditions that must be included in an approval of the 10
proposed master plan; 11
(c) that any approval must be for part only of the proposed 12
master plan; 13
(d) that the master plan application be refused. 14
`(2) Subsection (1) is subject to section 2.5B.44. 15
`2.5B.37 Coordinating agency's assessment 16
`The coordinating agency must, within 20 business days after 17
receiving the last response from a participating agency (the 18
coordinating agency assessment period)-- 19
(a) consider each participating agency's response; and 20
(b) make a preliminary assessment of the application, based 21
on the assessment carried out under section 2.5B.34; 22
and 23
(c) if there is a conflict between the preliminary assessment 24
and a participating agency's response, or between the 25
responses of participating agencies, to seek to achieve in 26
consultation with the relevant participating agency or 27
agencies an agreed State government response to the 28
master plan application. 29
s 154 117 s 154
Urban Land Development Authority Bill 2007
`2.5B.38 Resolution of conflict by Minister 1
`(1) If the coordinating agency can not resolve an agreed State 2
government response to the master plan application, the 3
coordinating agency must, within the coordinating agency 4
assessment period, refer the matter to the Minister. 5
`(2) If a matter is referred to the Minister, the Minister must-- 6
(a) establish a committee to prepare a report on the matters 7
and having considered the report, decide the response to 8
be provided by the coordinating agency; or 9
(b) having considered the written views of the parties, 10
decide the response to be provided by the coordinating 11
agency. 12
`(3) The Minister's decision must not be contrary to any relevant 13
law. 14
`2.5B.39 Coordinating agency's decision 15
`(1) The coordinating agency must advise the local government of 16
the coordinating agency's decision within 5 business days 17
after-- 18
(a) the end of the coordinating agency assessment period if 19
there is an agreed State government response to the 20
master plan application; or 21
(b) receiving the Minister's decision. 22
`(2) The coordinating agency's decision must tell the local 23
government one or more of the following-- 24
(a) that it has no conditions to include in an approval of the 25
proposed master plan; 26
(b) conditions (coordinating agency conditions) that must 27
be included in an approval of the proposed master plan; 28
(c) that any approval must be for part only of the proposed 29
master plan; 30
(d) that the master plan application be refused. 31
`(3) Subsection (2) is subject to section 2.5B.44. 32
s 154 118 s 154
Urban Land Development Authority Bill 2007
`(4) To remove any doubt, it is declared that the coordinating 1
agency may exercise any power of the participating agency 2
that the participating agency would have exercised if it had 3
been making the decision. 4
`Subdivision 5 Local government decision stage 5
`2.5B.40 Decision making period 6
`(1) If there is a coordinating agency for the master plan 7
application, the local government must decide the application 8
within the later of-- 9
(a) 60 business days after the day the applicant gave a 10
response to a request for information under section 11
2.5B.25; or 12
(b) 40 business days after the day any coordinating agency 13
advises the local government of its decision under 14
section 2.5B.39. 15
`(2) If there is no coordinating agency for the master plan 16
application, the local government must decide the application 17
within 60 business days after-- 18
(a) if a request for information has been made for the 19
application within the period (the request period) under 20
section 2.5B.24(5)--the day the applicant gave a 21
response to the request; or 22
(b) if no request for information has been made for the 23
application within the request period--the end of the 24
request period. 25
`2.5B.41 Assessment by local government 26
`(1) The local government must assess the master plan 27
application-- 28
(a) against the following-- 29
(i) the planning scheme and any other relevant local 30
planning instrument; 31
(ii) State planning regulatory provisions; 32
s 154 119 s 154
Urban Land Development Authority Bill 2007
(iii) a regional plan not appropriately reflected in the 1
structure plan; 2
(iv) State planning policies or parts of State planning 3
policies not appropriately reflected in the structure 4
plan; 5
(v) the structure plan for the master planned area; 6
(vi) other master plans applicable to the master 7
planning unit for the proposed master plan; 8
(vii) local infrastructure agreements for the master 9
planned area; and 10
(b) having regard to the following-- 11
(i) the application; 12
(ii) any requests for information and responses to 13
them; 14
(iii) submissions accepted by the local government; 15
(iv) any coordinating agency's decision; 16
(v) other master plans applicable to the master planned 17
area. 18
`(2) In assessing the application, the local government may give 19
the weight it is satisfied is appropriate to a document of a type 20
mentioned in subsection (1) that came into effect after the 21
application was made but before the local government makes 22
its decision on the application. 23
`2.5B.42 Local government's decision generally 24
`(1) In deciding the master plan application, the local government 25
must-- 26
(a) approve all or part of the proposed master plan and 27
include in it, in the exact form given by any coordinating 28
agency, any coordinating agency conditions; or 29
(b) approve all or part of the proposed master plan subject 30
to conditions decided by the local government and 31
include in it, in the exact form given by any coordinating 32
agency, any coordinating agency conditions; or 33
s 154 120 s 154
Urban Land Development Authority Bill 2007
(c) refuse the application. 1
`(2) An approval under subsection (1), may be given with or 2
without changes to the proposed master plan. 3
`(3) The local government's decision must be based on the 4
assessment carried out under section 2.5B.41. 5
`(4) For an approval under subsection (1)(a) or (b), if the 6
coordinating agency's decision has, under section 2.5B.39(2) 7
stated an action that must be taken, the local government must 8
also take the action. 9
`2.5B.43 Restrictions on giving approval 10
`(1) The local government can not approve the proposed master 11
plan if-- 12
(a) it does not comply with, or would be inconsistent with 13
the requirements for a master plan under, section 14
2.5B.15; or 15
(b) it is contrary to a State planning regulatory provision; or 16
(c) it conflicts with a regional plan not appropriately 17
reflected in the structure plan; or 18
(d) it conflicts with a State planning policy or part of a State 19
planning policy not appropriately reflected in the 20
structure plan; or 21
(e) it compromises the achievement of the desired 22
environmental outcomes for-- 23
(i) the local government's planning scheme area; or 24
(ii) the master planned area, as stated in the structure 25
plan for the area; or 26
(f) it conflicts with the structure plan area code for the 27
master planned area; or 28
(g) it conflicts with a master plan that already applies to the 29
master planning unit; or 30
(h) any coordinating agency has stated that the proposed 31
master plan must not be approved. 32
s 154 121 s 154
Urban Land Development Authority Bill 2007
`(2) A decision to approve the proposed master plan (the relevant 1
plan) must not be made before a decision has been made to 2
approve another proposed master plan that the structure plan 3
for the master planned area requires to be approved before the 4
relevant plan. 5
Note-- 6
See section 2.5B.8 (Content of structure plan). 7
`(3) If a master plan application for approval of the other proposed 8
master plan is refused, the master plan application for the 9
relevant plan must be refused. 10
`2.5B.44 Conditions 11
`(1) A condition included in a master plan must-- 12
(a) be relevant to, but not an unreasonable imposition on, 13
the development or use of premises as a consequence of 14
the development provided for in the master plan; or 15
(b) be reasonably required for the development or use of 16
premises as a consequence of the development provided 17
for in the master plan. 18
`(2) Without limiting subsection (1), a condition included in a 19
master plan may-- 20
(a) limit how long a lawful use may continue or works may 21
remain in place; or 22
(b) state that development in the master planning unit can 23
not start until-- 24
(i) other master plans for the master planning unit 25
have taken effect; or 26
(ii) development permits for assessable development 27
in the master planning unit have taken effect; or 28
(iii) other development in the master planning unit has 29
been substantially started or completed; or 30
(c) relate to infrastructure if the condition is of a type that 31
could have been imposed had the master plan 32
application been a development application made at the 33
same time as the master plan application; or 34
s 154 122 s 154
Urban Land Development Authority Bill 2007
(d) require compliance with an infrastructure agreement 1
relating to the master planned area. 2
Note-- 3
See also section 2.5B.58 (Modified application of provisions about 4
infrastructure for master plan). 5
Editor's note-- 6
For relevant provisions relating to development applications, see section 7
3.5.32, chapter 5, parts 1 and 2 and section 6.1.31. 8
`(3) A condition imposed under subsection (2)(d) is taken to 9
comply with subsection (1). 10
`2.5B.45 Notice of decision 11
`(1) The local government must, within 5 business days after the 12
day the local government decides the master plan application, 13
give written notice about the decision to-- 14
(a) the applicant; and 15
(b) any coordinating agency. 16
`(2) The local government must give the coordinating agency 17
enough copies of the notice to allow the coordinating agency 18
to comply with subsection (4). 19
`(3) The notice must-- 20
(a) state the decision and the day it was made; and 21
(b) include a copy of any master plan as approved; and 22
(c) if the application is refused, state whether-- 23
(i) the local government was directed to refuse the 24
application; and 25
(ii) the refusal was solely because of the coordinating 26
agency's direction; and 27
(d) state the applicant's rights of appeal against the 28
decision. 29
`(4) The coordinating agency must give a copy of the notice to 30
each participating agency within 5 business days after the 31
coordinating agency receives the notice from the local 32
government. 33
s 154 123 s 154
Urban Land Development Authority Bill 2007
`2.5B.46 Representations about conditions and other matters 1
`(1) This section applies if the applicant makes written 2
representations to the local government about a matter stated 3
in the notice given under section 2.5B.45 (the original 4
notice), within the applicant's appeal period. 5
`(2) If the matter relates to coordinating agency conditions-- 6
(a) the local government must give any coordinating agency 7
a copy of the representations; and 8
(b) the coordinating agency must advise the local 9
government whether or not it agrees with the 10
representations. 11
`(3) If the relevant entity agrees with any of the representations, 12
the local government must give a new notice under section 13
2.5B.45 (a negotiated notice) to- 14
(a) the applicant; and 15
(b) the coordinating agency. 16
`(4) Only 1 negotiated notice may be given. 17
`(5) The negotiated notice-- 18
(a) must be given within 5 business days after the day the 19
relevant entity agrees with the representations; and 20
(b) must be in the same form as the original notice; and 21
(c) must state the nature of the changes; and 22
(d) replaces the original notice. 23
`(6) If the relevant entity does not agree with any of the 24
representations, the local government must, within 5 business 25
days after the day it decides not to agree with any of the 26
representations, give a written notice to the applicant stating 27
the decision on the representations. 28
`(7) Before the relevant entity agrees to a change under this 29
section, it must reconsider the matters considered when the 30
original decision was made by the relevant entity, to the extent 31
the matters are relevant. 32
`(8) If the master plan approved by the negotiated notice is 33
different from the master plan approved under section 2.5B.45 34
in a way that affects the amount of an infrastructure charge, 35
s 154 124 s 154
Urban Land Development Authority Bill 2007
regulated infrastructure charge or regulated State 1
infrastructure charge-- 2
(a) the local government may give the applicant an 3
infrastructure charges notice or a regulated 4
infrastructure charges notice that replaces an existing 5
infrastructure charges notice or regulated infrastructure 6
charges notice; or 7
(b) the coordinating agency may give the applicant a new 8
regulated State infrastructure charges notice that 9
replaces an existing regulated State infrastructure 10
charges notice. 11
`(9) In this section-- 12
relevant entity, for the representations, means-- 13
(a) to the extent the representations relate to coordinating 14
agency conditions--the coordinating agency; or 15
(b) otherwise--the local government. 16
`2.5B.47 Applicant may suspend applicant's appeal period 17
`(1) If the applicant needs more time to make the written 18
representations, the applicant may, by written notice given to 19
the local government (the suspension notice), suspend the 20
applicant's appeal period. 21
`(2) The applicant may act under subsection (1) only once. 22
`(3) If the representations are not made within 20 business days 23
after the giving of the suspension notice, the balance of the 24
applicant's appeal period restarts. 25
`(4) If the representations are made within 20 business days after 26
the giving of the suspension notice-- 27
(a) if the applicant gives the local government a notice 28
withdrawing the suspension notice--the balance of the 29
applicant's appeal period restarts the day after the local 30
government receives the notice; or 31
(b) if the local government or the coordinating agency gives 32
the applicant a notice under section 2.5B.46(8)--the 33
balance of the applicant's appeal period restarts the day 34
after the applicant receives the notice; or 35
s 154 125 s 154
Urban Land Development Authority Bill 2007
(c) if the local government gives the applicant a negotiated 1
notice for the master plan application--the applicant's 2
appeal period starts again the day after the applicant 3
receives the notice. 4
`2.5B.48 When approval takes effect 5
`If the proposed master plan is approved, or approved subject 6
to conditions, the plan takes effect-- 7
(a) if, after receiving notice of the decision under section 8
2.5B.45, the applicant gives the local government 9
written notice that it will not be appealing the 10
decision--from when the written notice is given; or 11
(b) if at the end of the applicant's appeal period, the 12
applicant has not appealed against the decision and no 13
notice has been given under paragraph (a)--at the end of 14
the applicant's appeal period; or 15
(c) if an appeal is made to the court, subject to the decision 16
of the court under section 4.1.54, when the appeal is 17
finally decided. 18
`Subdivision 6 Ministerial directions about 19
application 20
`2.5B.49 Ministerial directions to local government 21
`(1) This section applies if the Minister considers the local 22
government has not-- 23
(a) taken an action within the period required of it under 24
this division; or 25
(b) made a decision on representations made to it under 26
section 2.5B.46. 27
`(2) The minister may, by written notice, direct the local 28
government to, within a stated reasonable period, take the 29
action or make a decision on the representations. 30
`(3) The notice must state the reasons for deciding to give the 31
direction. 32
s 154 126 s 154
Urban Land Development Authority Bill 2007
`(4) The Minister must give the applicant and any coordinating 1
agency a copy of the notice. 2
`(5) The local government must comply with the direction. 3
`2.5B.50 Ministerial directions to applicant 4
`(1) This section applies if the Minister considers the applicant has 5
not taken an action required of it under this division. 6
`(2) The Minister may, by written notice, direct the applicant to 7
take the action within a stated reasonable period. 8
`(3) The notice must state the reasons for deciding to give the 9
direction. 10
`(4) The Minister must give the local government and any 11
coordinating agency a copy of the notice. 12
`(5) The applicant must comply with the direction. 13
`Subdivision 7 Miscellaneous provisions 14
`2.5B.51 Agreements about master plan 15
`The applicant may enter into an agreement with an entity, 16
including, for example, the local government or coordinating 17
agency or participating agency, to establish the obligations, or 18
secure the performance, of the proposed master plan or the 19
master plan when it takes effect. 20
`2.5B.52 Native Title Act (Cwlth) 21
`(1) Subsections (2) and (3) apply if a local government takes 22
action under the Native Title Act 1993 (Cwlth), section 24HA 23
or 24KA relating to the master plan application. 24
`(2) If the local government takes the action before deciding the 25
application, the deciding of the application must not start until 26
the action is completed. 27
`(3) If the local government takes the action after the local 28
government decision stage under subdivision 5 has started, 29
s 154 127 s 154
Urban Land Development Authority Bill 2007
that stage stops the day after the action is taken and starts 1
again the day after the action is completed. 2
`2.5B.53 Substantial compliance 3
`If the master plan is approved in substantial compliance with 4
this division and has taken effect it is valid so long as any 5
noncompliance has not-- 6
(a) adversely affected the awareness of the public of the 7
existence and nature of the proposed master plan; or 8
(b) restricted the opportunity of the public to make a 9
properly made submission about the relevant master 10
plan application; or 11
(c) restricted the opportunity of a coordinating agency, a 12
participating agency or the local government to perform 13
their functions under this division. 14
`2.5B.54 Changing application 15
`(1) Before the master plan application is decided by the local 16
government, the applicant may change the application by 17
giving the local government written notice of the change. 18
`(2) The local government must give any coordinating agency a 19
copy of the notice as soon as practicable after receiving it. 20
`(3) The steps under this division must be repeated for the 21
application as changed. 22
`(4) However, subsection (3) does not apply if-- 23
(a) the change is-- 24
(i) to correct or change a matter mentioned in 25
subsection (5); or 26
(ii) in response to a request for information; and 27
(b) the local government is satisfied the change would not 28
adversely affect the ability of a person to assess the 29
changed application. 30
`(5) For subsection (4)(a)(i), the matters are any of the 31
following-- 32
s 154 128 s 154
Urban Land Development Authority Bill 2007
(a) an explanatory matter about the proposed master plan; 1
(b) its format or presentation; 2
(c) a grammatical or mapping error in the plan; 3
(d) a factual error in the plan; 4
(e) a redundant or outdated term in the plan; 5
(f) a mistake about the applicant's name or address or the 6
owner of land in the master planning unit; 7
(g) a mistake about the street address, property description 8
or area of the master planning unit. 9
`2.5B.55 Withdrawing application 10
`(1) At any time before the master plan application is decided by 11
the local government, the applicant may withdraw the 12
application by giving written notice of the withdrawal to the 13
local government. 14
`(2) The local government must give any coordinating agency a 15
copy of the notice as soon as practicable after receiving it. 16
`2.5B.56 Additional third party advice or comment 17
`(1) The local government may, at any time before it decides the 18
master plan application, ask any person for advice or 19
comment about the application. 20
`(2) However asking for and receiving advice or comment does 21
not extend any period under this division. 22
`(3) There is no particular way advice or comment may be asked 23
for and received and the request may be by publicly notifying 24
the application. 25
`(4) To remove any doubt, it is declared that public notification 26
under subsection (3) does not constitute a public notice of the 27
application by the applicant. 28
s 154 129 s 154
Urban Land Development Authority Bill 2007
`2.5B.57 Public scrutiny of application and related material 1
`(1) The local government must keep, for the master plan 2
application, the following documents available for inspection 3
and purchase-- 4
(a) the application, including any documents lodged by the 5
applicant in support of the application; 6
(b) any request for information, whether or not the request 7
complied with section 2.5B.24; 8
(c) any information given to it in response to a request 9
mentioned in paragraph (b); 10
(d) any properly made submission for the application; 11
(e) any third party advice or comment given under section 12
2.5B.56; 13
(f) any coordinating agency decision under section 2.5B.39. 14
`(2) The documents mentioned in subsection (1) must be kept 15
available for inspection and purchase from when the local 16
government receives them 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) Subsection (1) does not apply to documents to the extent the 22
local government is satisfied the documents contain sensitive 23
security information. 24
`(4) Also, the local government may remove the name, address 25
and signature of each person who made a submission before 26
making the submission available for inspection and purchase. 27
s 154 130 s 154
Urban Land Development Authority Bill 2007
`Division 6 Miscellaneous provisions about 1
master plans 2
`2.5B.58 Modified application of provisions about 3
infrastructure for master plan 4
`(1) Chapter 5, parts 1 and 3 apply for a master plan and the 5
relevant master plan application for it-- 6
(a) as if a reference in the parts to a development 7
application were a reference to the master plan 8
application; and 9
(b) as if a reference in the parts to an applicant were a 10
reference to a person who made the master plan 11
application; and 12
(c) as if a reference in the parts to a development approval 13
were a reference to an approval of a master plan; and 14
(d) as if a reference in the parts to a condition were a 15
reference to a condition included in a master plan; and 16
(e) as if a reference in the parts to a State infrastructure 17
provider were a reference to a coordinating agency; and 18
(f) as if a reference in the parts to an assessment manager 19
were a reference to the local government; and 20
(g) as if a reference in the parts to a concurrence agency 21
were a reference to a coordinating agency; and 22
(h) with other necessary changes. 23
`(2) However, the requirement under section 5.1.25(1) to give an 24
acknowledgment notice under section 3.2.4 does not apply. 25
`(3) To remove any doubt, it is declared that subsection (1) does 26
not affect the operation of chapter 5, parts 1 and 3, for a 27
development application. 28
`2.5B.59 Application to amend master plan 29
`(1) A person may apply to amend a master plan. 30
s 154 131 s 154
Urban Land Development Authority Bill 2007
`(2) The application must be made and decided under division 5 in 1
the same way as a master plan application as if the proposed 2
amendment were a proposed master plan. 3
`(3) However, the written consent of an owner of land in the 4
master planning unit is not required if, in the local 5
government's opinion, the proposed amendment does not 6
materially affect the land. 7
`(4) Subject to subsection (3), the local government may accept 8
the application even if it does not comply with the 9
requirements applying for an application under division 5. 10
`2.5B.60 Cancellation of master plan by local government 11
`(1) The local government may cancel a master plan only if-- 12
(a) all owners of land in the master planning unit have given 13
written consent to the cancellation; and 14
(b) development under the plan has not started. 15
`(2) In this section-- 16
cancel does not include amend or replace. 17
`Division 7 Development applications in 18
declared master planned areas 19
`2.5B.61 Application of div 7 20
`This division applies for a development application, or 21
proposed development application, for land in a declared 22
master planned area. 23
`2.5B.62 Relationship with IDAS 24
`(1) Requirements and restrictions under this division apply for the 25
development application as well as any relevant requirements 26
under IDAS. 27
`(2) If this division imposes a restriction on, or a requirement for, 28
the granting of the development application, it can not be 29
s 154 132 s 154
Urban Land Development Authority Bill 2007
granted if the restriction applies or if the requirement has not 1
been complied with. 2
`(3) If a provision of this division applying to the development 3
application conflicts with a provision of IDAS, the provision 4
of this division prevails to the extent of the inconsistency. 5
`(4) If a provision of this division prevents the making of the 6
proposed development application, it can not be made. 7
`2.5B.63 Modified application of sch 8 if application relates to 8
particular development 9
`(1) This section applies for the development application if-- 10
(a) the development is of a type stated in schedule 8-- 11
(i) part 1, table 2, item 9 or 10; or 12
(ii) part 1, table 4, item 1A, 1B, 1C, 1D, 1E, 1F, 1G, 3, 13
5, 6, 8 or 9; or 14
(iii) part 1, table 5, item 1; or 15
(iv) part 2, table 4, item 1, 2 or 4; and 16
(b) the agency who would, other than for this section, have 17
been a referral agency or the assessment manager for the 18
development application was a coordinating agency or a 19
participating agency stated in-- 20
(i) the master plan declaration; or 21
(ii) the structure plan for the master planned area. 22
`(2) Schedule 8 applies to the development only if a regulation 23
provides that the schedule applies to the development. 24
Editor's note-- 25
(a) schedule 8, part 1 (Assessable development), table 2 (Material 26
change of use of premises)-- 27
· item 9 (For public passenger transport) 28
· item 10 (For railways) 29
(b) schedule 8, part 1, table 4 (Operating works)-- 30
· item 1A (For clearing native vegetation on freehold land and 31
indigenous land) 32
· item 1B (For clearing native vegetation on leasehold land 33
used for agriculture or grazing) 34
s 154 133 s 154
Urban Land Development Authority Bill 2007
· item 1C (For clearing native vegetation on land that is subject 1
to a lease under the Land Act 1994, other than a lease used 2
for agriculture or grazing) 3
· item 1D (For clearing native vegetation on a road under the 4
Land Act 1994) 5
· item 1E (For clearing native vegetation on trust land under 6
the Land Act 1994) 7
· item 1F (For clearing native vegetation on unallocated State 8
land under the Land Act 1994) 9
· item 1G (For clearing native vegetation on land that is subject 10
to a licence or permit under the Land Act 1994) 11
· item 3 (For taking, or interfering with, water) 12
· item 5 (For tidal work or work within a coastal management 13
district) 14
· item 6 (For constructing or raising waterway barrier works) 15
· item 8 (For removal, destruction or damage of marine plants) 16
· item 9 (For railways) 17
(c) schedule 8, part 1, table 5 (Various aspects of development), item 1 18
(Development for quarrying in a watercourse or lake) 19
(d) schedule 8, part 2 (Self-assessable development), table 4 20
(Operational work)-- 21
· item 1 (For taking or interfering with, water) 22
· item 2 (For waterway barrier works) 23
· item 4 (For the removal, destruction or damage of marine 24
plants) 25
`2.5B.64 Exclusion of particular agencies as a referral agency 26
`(1) An agency is not a referral agency for the development 27
application to the extent that it has exercised a coordinating 28
agency or participating agency's jurisdiction for the structure 29
plan or a master plan for the master planned area. 30
Note-- 31
The jurisdiction arises from the relevant master planned area declaration 32
and the structure plan. See sections 2.5B.3 and 2.5B.8. 33
`(2) However, the agency is a referral agency for the application to 34
the extent the development is assessable development under 35
schedule 8 as it applies under section 2.5B.63. 36
s 154 134 s 154
Urban Land Development Authority Bill 2007
`2.5B.65 Exclusion of particular provisions about making 1
application 2
`(1) This section applies if there is a structure plan in force for the 3
master planned area. 4
`(2) The following do not apply to the making of the development 5
application or proposed development application-- 6
(a) the requirements of any regulation under section 7
3.2.1(5); 8
(b) a provision of any other Act that imposes a requirement 9
for, or a restriction on, the making of the application if 10
the requirement or restriction relates to a State resource 11
prescribed under section 3.2.1(5); 12
Editor's note-- 13
For the prescribed State resources and the other Acts, see the 14
Integrated Planning Regulation 1998, schedule 10. 15
(c) a provision of any other Act that imposes a requirement 16
for, or a restriction on, the making of the application. 17
Examples of provisions for paragraph (c)-- 18
the Water Act 2000, section 967 and the Vegetation Management 19
Act 1999, section 22A 20
`(3) This section applies despite any other Act. 21
`2.5B.66 Additional provisions for when application is properly 22
made 23
`(1) This section applies if the structure plan for the master 24
planned area requires a master plan for the development. 25
Note-- 26
See also section 2.5B.8(2)(b). 27
`(2) For section 3.2.1(7), the development application is properly 28
made only if the master plan has been approved. 29
Note-- 30
See also section 2.5B.8(3)(c). 31
`(3) The development application is a properly made application 32
under section 3.2.1(9) only if a master plan application for the 33
s 154 135 s 154
Urban Land Development Authority Bill 2007
master plan was made with or before the making of the 1
development application. 2
`2.5B.67 Provision about approval of master plan 3
`(1) If the structure plan for the master planned area requires a 4
master plan for the development and a proposed master plan 5
for the development has not been approved, until the approval 6
has been given-- 7
(a) the assessment manager's decision can not be made; and 8
(b) the decision making period for the application is 9
suspended. 10
`(2) If a master plan application for the master plan is refused, the 11
development application must be refused. 12
`2.5B.68 Decision must not be contrary to master plan 13
`The assessment manager's decision on the development 14
application must not be contrary to a master plan for the 15
master planned area. 16
`2.5B.69 Assessable development requiring code assessment 17
`(1) This section applies to any part of the development 18
application requiring code assessment against a local planning 19
instrument if the local government is the assessment manager. 20
`(2) Section 3.5.13(3) and (4) do not apply to the deciding of the 21
application. 22
`(3) The local government must refuse the application if the local 23
government is satisfied approving it would-- 24
(a) compromise the achievement of the desired 25
environmental outcomes for the local government's 26
planning scheme area; or 27
(b) conflict with the purpose of the structure plan area code 28
for the master planned area or the purpose of the master 29
plan area code for the master planning unit; or 30
(c) conflict with a provision of an applicable code, other 31
than the purpose of a code mentioned in paragraph (b). 32
s 154 136 s 154
Urban Land Development Authority Bill 2007
`(4) Subsection (3)(a) or (b) do not apply if-- 1
(a) the compromise or conflict is necessary to further the 2
outcomes of-- 3
(i) if the local government's planning scheme is in the 4
relevant area for a State planning regulatory 5
provision--the provision; or 6
(ii) if the planning scheme is in a designated 7
region--the region's regional plan; or 8
(iii) any State planning policy or part of a State 9
planning policy; and 10
(b) the provision, plan, policy or part, is not identified in the 11
structure plan as being appropriately reflected in the 12
planning scheme. 13
`(5) Subsection (3)(c) does not apply if there are sufficient grounds 14
to justify the decision despite the conflict, having regard to-- 15
(a) the purpose of the code; and 16
(b) if they are not identified in the planning scheme as being 17
appropriately reflected in the local government's 18
planning scheme-- 19
(i) if the planning scheme is in the relevant area for a 20
State planning regulatory provision--the 21
provision; and 22
(ii) if the planning scheme is in a designated 23
region--the region's regional plan; and 24
(iii) State planning policies or parts of State planning 25
policies. 26
`2.5B.70 Assessable development requiring impact 27
assessment 28
`(1) This section applies to any part of the development 29
application requiring impact assessment against a local 30
planning instrument if the local government is the assessment 31
manager. 32
s 154 137 s 154
Urban Land Development Authority Bill 2007
`(2) The local government must, when carrying out the impact 1
assessment under section 3.5.5, have regard to all master 2
plans for the master planned area. 3
`(3) Section 3.5.14 does not apply to the deciding of the 4
application. 5
`(4) The local government must refuse the application if the local 6
government is satisfied approving it would-- 7
(a) compromise the achievement of the desired 8
environmental outcomes for the local government's 9
planning scheme area; or 10
(b) conflict with the purpose of the structure plan area code 11
for the master planned area or the master plan area code 12
for the master planning unit; or 13
(c) conflict with a provision of the planning scheme, other 14
than a provision mentioned in paragraphs (a) and (b). 15
`(5) Subsection (4)(a) and (b) do not apply if-- 16
(a) the compromise or conflict is necessary to further the 17
outcomes of-- 18
(i) if the planning scheme is in the relevant area for a 19
State planning regulatory provision--the 20
provision; or 21
(ii) if the planning scheme is in a designated 22
region--the region's regional plan; or 23
(iii) any State planning policy or part of a State 24
planning policy; and 25
(b) the provision, plan, policies or part, is not identified in 26
the structure plan as being appropriately reflected in the 27
planning scheme. 28
`(6) Subsection (4)(c) does not apply if there are sufficient grounds 29
to justify the decision despite the conflict. 30
`2.5B.71 Decision notice 31
`(1) The decision notice for the development application must 32
state-- 33
s 154 138 s 154
Urban Land Development Authority Bill 2007
(a) whether the assessment manager is satisfied its decision 1
is one to which section 2.5B.69(3) or section 2.5B.70(4) 2
applies; and 3
(b) if the assessment manager is satisfied its decision is one 4
to which section 2.5B.69(3)(c) or section 2.5B.70(4)(c) 5
applies--its reasons for the decision; and 6
(c) if the assessment manager is satisfied its decision is one 7
to which section 2.5B.69(3)(c) or section 2.5B.70(4)(c) 8
applies--its reasons for the decision, including a 9
statement of the sufficient grounds mentioned in section 10
2.5B.69(5) or 2.5B.70(6). 11
`(2) Section 3.5.15(2)(l) does not apply for the decision notice. 12
`2.5B.72 Additional restriction on starting of development 13
`The development can not start until all master plans that the 14
structure plan requires for the land have taken effect. 15
Note-- 16
See section 4.3.5B(4) (Compliance with master plans). 17
`2.5B.73 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
s 154 139 s 154
Urban Land Development Authority Bill 2007
`Division 8 Funding of master planning 1
`2.5B.74 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 5.3.8. 12
`2.5B.75 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, or will, specially 24
contribute to the need for the making of the 25
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 2.5B.74 30
or an infrastructure agreement for the making of the structure 31
plan, the local government must take into account the amount 32
in levying the charge. 33
`(4) The local government may fix a minimum amount of the 34
charge. 35
s 154 140 s 154
Urban Land Development Authority Bill 2007
`(5) Without limiting subsection (2), the amount of the charge may 1
vary according to the extent to which, in the local 2
government's opinion-- 3
(a) the land, or the owner or occupier of the land, has or will 4
specially benefit from the making of the structure plan; 5
or 6
(b) the owner or occupier of the land, or the use made or to 7
be made of the land, has, or will, specially contribute to 8
the need for the making of the structure plan. 9
`(6) The local government's resolution making the charge must 10
identify-- 11
(a) the rateable land to which the charge applies; and 12
(b) the overall plan for the making of the structure plan. 13
`(7) The overall plan must-- 14
(a) be adopted by the local government by resolution either 15
before, or at the same time as, the local government first 16
makes the charge; and 17
(b) identify the rateable land to which the charge applies; 18
and 19
(c) describe the process for the making of the structure 20
plan; and 21
(d) state the estimated cost of implementing the overall 22
plan; and 23
(e) state the estimated time for implementing the overall 24
plan. 25
`(8) The local government may identify parcels of rateable land to 26
which the charge applies in any way it considers appropriate. 27
`(9) In this section-- 28
rateable land see the Local Government Act 1993, section 29
957. 30
s 154 141 s 154
Urban Land Development Authority Bill 2007
`Part 5C State planning regulatory 1
provisions 2
`Division 1 General provisions 3
`2.5C.1 Power to make State planning regulatory provision 4
`The Minister may, by complying with division 2, make a 5
State planning regulatory provision for a part of the State (a 6
relevant area). 7
`2.5C.2 Restriction on making State planning regulatory 8
provision 9
`(1) The Minister may make a State planning regulatory provision 10
only if the Minister is satisfied the provision is necessary to-- 11
(a) implement a regional plan or a structure plan for a 12
declared master planned area; or 13
(b) prevent a compromise of the implementation of-- 14
(i) a proposed regional plan for a designated region or 15
a proposed designated region; or 16
(i) a structure plan or proposed structure plan for a 17
master planned area or a proposed master planned 18
area; or 19
(c) provide for-- 20
(i) a regulated State infrastructure charges schedule 21
for a master planned area, under section 5.3.2; or 22
(ii) a regulated infrastructure charge for the supply of 23
trunk infrastructure, under section 5.1.5. 24
`(2) However, the Minister may also make a State planning 25
regulatory provision if the Minister is satisfied-- 26
(a) there is a significant risk of serious environmental harm 27
or serious adverse cultural, economic or social 28
conditions occurring in a planning scheme area; and 29
s 154 142 s 154
Urban Land Development Authority Bill 2007
(b) giving a direction under section 2.3.2 would not be the 1
most appropriate way to address the risk. 2
Note-- 3
Section 6.8.12 (Transition of validated planning documents to master 4
planning documents) also allows the making of State planning 5
regulatory provisions. 6
`2.5C.3 Content of State planning regulatory provision 7
`A State planning regulatory provision may-- 8
(a) declare development to be assessable or self-assessable 9
development; and 10
(b) require impact or code assessment, or both impact and 11
code assessment, for assessable development, including 12
assessable development mentioned in paragraph (a); and 13
(c) include a code for IDAS, or other criteria for the 14
assessment of development applications; and 15
(d) otherwise regulate development by, for example-- 16
(i) stating aspects of development that may not occur 17
in stated localities; or 18
(ii) stating aspects of development that may not occur 19
in stated localities until-- 20
(A) a stated structure plan within a planning 21
scheme or another stated planning 22
instrument has been made; or 23
(B) a stated master plan has been approved; or 24
(C) a stated development application has been 25
approved; and 26
(e) state transitional arrangements for development 27
applications or master plan applications affected by the 28
provision; and 29
(f) provide for a matter mentioned in section 2.5C.2. 30
s 154 143 s 154
Urban Land Development Authority Bill 2007
`2.5C.4 State interest 1
`For this Act, a State planning regulatory provision is taken to 2
be a State interest. 3
`2.5C.5 Relationship with other planning instruments 4
`(1) If there is an inconsistency between a State planning 5
regulatory provision and another planning instrument, the 6
State planning regulatory provision prevails to the extent of 7
the inconsistency. 8
`(2) Subject to subsection (1), a State planning regulatory 9
provision does not amend the other planning instrument. 10
`2.5C.6 Status of State planning regulatory provision 11
`(1) A State planning regulatory provision is a statutory instrument 12
under the Statutory Instruments Act 1992 and has the force of 13
law. 14
`(2) A State planning regulatory provision is not subordinate 15
legislation. 16
`2.5C.7 Particular State planning regulatory provisions to 17
be ratified by Parliament 18
`(1) This section applies to a State planning regulatory provision 19
made to-- 20
(a) implement a regional plan; or 21
(b) prevent a compromise of the implementation of a 22
proposed regional plan for a designated region or a 23
proposed designated region. 24
`(2) The following Minister must table a copy of the provision in 25
the Legislative Assembly within 14 sitting days after the 26
making of the provision-- 27
(a) if the provision is made for a purpose mentioned in 28
subsection (1)(a) or (b)--the regional planning Minister; 29
(b) otherwise--the Minister. 30
s 154 144 s 154
Urban Land Development Authority Bill 2007
`(3) If the provision is not ratified by Parliament within 14 sitting 1
days after the day the copy is tabled, the provision ceases to 2
have effect. 3
`2.5C.8 State planning regulatory provisions that are subject 4
to disallowance 5
`(1) This section applies to a State planning regulatory provision 6
made because the Minister was satisfied there is a significant 7
risk of serious environmental harm or serious adverse cultural, 8
economic or social conditions occurring in a planning scheme 9
area. 10
`(2) The Statutory Instruments Act 1992, sections 49, 50 and 51, 11
apply to the provision as if it were subordinate legislation. 12
Editor's note-- 13
Statutory Instruments Act 1992, sections 49 (Subordinate legislation 14
must be tabled), 50 (Disallowance) and 51 (Limited saving of operation 15
of subordinate legislation that ceases to have effect) 16
`Division 2 Making State planning regulatory 17
provisions 18
`2.5C.9 Notice of and public consultation on draft State 19
planning regulatory provision 20
`(1) The Minister must prepare a draft of any proposed State 21
planning regulatory provision. 22
`(2) When the Minister has prepared the draft State planning 23
regulatory provision, the Minister must publish a notice-- 24
(a) in the gazette; and 25
(b) at least once in a newspaper circulating in the relevant 26
area. 27
`(3) The notice must state the following-- 28
(a) that the draft State planning regulatory provision is 29
available for inspection and purchase; 30
(b) where copies of the draft State planning regulatory 31
provision are available for inspection and purchase; 32
s 154 145 s 154
Urban Land Development Authority Bill 2007
(c) a contact telephone number for information about the 1
draft State planning regulatory provision; 2
(d) that written submissions about any aspect of the draft 3
State planning regulatory provision may be given to the 4
Minister by any person; 5
(e) the period (the consultation period) during which the 6
submissions may be made; 7
(f) the requirements for a properly made submission. 8
`(4) The consultation period must be for at least 30 business days 9
after the day the notice is gazetted. 10
`(5) The Minister must give a copy of the notice and the draft State 11
planning regulatory provision to each local government 12
whose local government area includes the relevant area. 13
`(6) The Minister may give a copy of the notice and the draft State 14
planning regulatory provision to any other entity the Minister 15
considers appropriate. 16
`(7) For all of the consultation period, the Minister must keep a 17
copy of the draft State planning regulatory provision available 18
for inspection and purchase. 19
`(8) The Minister may, during the consultation period, amend, 20
replace or remove the draft State planning regulatory 21
provision, other than to change the relevant area. 22
`2.5C.10 Making State planning regulatory provision 23
`(1) The Minister must consider every properly made submission 24
about the draft State planning regulatory provision. 25
`(2) After the Minister has acted under subsection (1), the Minister 26
must-- 27
(a) make the State planning regulatory provision as 28
provided for in the draft State planning regulatory 29
provision as published; or 30
(b) make the State planning regulatory provision and 31
include any amendments of the draft State planning 32
regulatory provision the Minister considers appropriate; 33
or 34
s 154 146 s 154
Urban Land Development Authority Bill 2007
(c) decide not to make a State planning regulatory provision 1
as mentioned in paragraph (a) or (b). 2
`2.5C.11 Notice and taking effect of State planning regulatory 3
provision 4
`(1) After the Minister has made the State planning regulatory 5
provision, the Minister must publish a notice about the 6
making of the provision-- 7
(a) in the gazette; and 8
(b) at least once in a newspaper circulating in the region. 9
`(2) The notice must state-- 10
(a) the day the State planning regulatory provision was 11
made; and 12
(b) where a copy of the provision may be inspected and 13
purchased. 14
`(3) Subject to sections 2.5C.7 and 2.5C.8, the State planning 15
regulatory provision takes effect on and from-- 16
(a) the day the making of the State planning regulatory 17
provision is gazetted; or 18
(b) if a later day for the commencement of the State 19
planning regulatory provision is stated in the State 20
planning regulatory provision--the later day. 21
`Division 3 Effect of drafts and draft 22
amendments 23
`2.5C.12 Effect of draft State planning regulatory provision 24
and draft amendments 25
`(1) This section applies to-- 26
(a) a draft State planning regulatory provision published 27
under division 2, as amended from time to time under 28
section 2.5C.9(8) (the draft provision); or 29
s 154 147 s 154
Urban Land Development Authority Bill 2007
(b) a draft State planning regulatory provision as amended 1
by a draft amendment of the provision under division 4 2
(also the draft provision). 3
`(2) The draft provision has effect as if it were a State planning 4
regulatory provision until the earlier of the following 5
happens-- 6
(a) a decision to make a State planning regulatory provision 7
is made under section 2.5C.10(2)(a) or (b) relating to the 8
draft provision and the State planning regulatory 9
provision takes effect under section 2.5C.11(3); 10
(b) a decision not to make a State planning regulatory 11
provision is made under section 2.5C.10(2)(c) relating 12
to the draft provision. 13
`Division 4 Amendment or repeal of State 14
planning regulatory provisions 15
`2.5C.13 Minor amendments 16
`(1) The Minister may make a minor amendment of a State 17
planning regulatory provision. 18
`(2) If the Minister makes the amendment, the Minister must 19
publish a notice about the making of the amendment-- 20
(a) in the gazette; and 21
(b) at least once in a newspaper circulating in the relevant 22
area. 23
`(3) The notice must state-- 24
(a) the day the amendment was made; and 25
(b) where a copy of the State planning regulatory provision, 26
as amended, may be inspected and purchased. 27
`2.5C.14 Other amendments 28
`The Minister may make an amendment, other than a minor 29
amendment, of a State planning regulatory provision only if 30
s 155 148 s 155
Urban Land Development Authority Bill 2007
the procedures under division 2 for the making of a State 1
planning regulatory provision have been followed, as if-- 2
(a) a reference in the division to making a State planning 3
regulatory provision were a reference to the making of 4
the amendment; and 5
(b) a reference in the division to a draft State planning 6
regulatory provision were a reference to the 7
amendment; and 8
(c) with other necessary changes. 9
`2.5C.15 Repeals 10
`(1) The Minister may repeal a State planning regulatory provision 11
by publishing a notice in-- 12
(a) the gazette; and 13
(b) a newspaper circulating in the relevant area. 14
`(2) The notice must state-- 15
(a) the name of the State planning regulatory provision 16
being repealed; and 17
(b) the relevant area for the State planning regulatory 18
provision; and 19
(c) that the State planning regulatory provision is repealed. 20
`(3) The repeal has effect on and from-- 21
(a) the day the notice is gazetted; or 22
(b) if a later day for the repeal is stated in the notice--the 23
later day. 24
`(4) The Minister must give each local government whose local 25
government area includes the relevant area a copy of the 26
notice.'. 27
155 Amendment of s 2.6.7 (Matters the Minister must 28
consider before designating land) 29
(1) Section 2.6.7(2)(c) and (d)-- 30
omit, insert-- 31
s 156 149 s 158
Urban Land Development Authority Bill 2007
`(c) for land in a designated region--the region's regional 1
plan; and 2
(d) for land in a relevant area for a State planning regulatory 3
provision--the provision; and 4
(e) for land in a declared master planned area--any master 5
plans for the area; and 6
(f) each relevant planning scheme.'. 7
(2) Section 2.6.7(3)(e) and (f)-- 8
renumber as section 2.6.7(3)(f) and (g). 9
(3) Section 2.6.7(3)-- 10
insert-- 11
`(e) the process has been carried out under schedule 1A, 12
section 8, for a structure plan for a declared master 13
planned area that includes the community infrastructure; 14
or'. 15
156 Amendment of s 3.1.1 (What is IDAS) 16
Section 3.1.1-- 17
insert-- 18
`Note-- 19
Chapter 2, part 5B, has particular provisions for development 20
applications in declared master planned areas.'. 21
157 Amendment of s 3.1.2 (Development under this Act) 22
Section 3.1.2(3), `To the extent'-- 23
omit, insert-- 24
`Subject to section 2.5B.9, to the extent'. 25
158 Amendment of s 3.1.3 (Code and impact assessment for 26
assessable development) 27
Section 3.1.3(1)-- 28
insert-- 29
s 159 150 s 161
Urban Land Development Authority Bill 2007
`Note-- 1
See also chapter 2, part 5B (Master planning for particular areas of State 2
interest)'. 3
159 Amendment of s 3.1.4 (When is a development permit 4
necessary) 5
(1) Section 3.1.4(3)(b)-- 6
omit, insert-- 7
`(b) exempt development need not comply with codes, 8
master plans for declared master planned areas or 9
planning instruments, other than a State planning 10
regulatory provision.'. 11
(2) Section 3.1.4(4), after `planning instrument'-- 12
insert-- 13
`, a master plan for a declared master planned area'. 14
160 Amendment of s 3.1.6 (Preliminary approval may override 15
a local planning instrument) 16
Section 3.1.6(1)-- 17
insert-- 18
`Note-- 19
A preliminary approval to which this section applies may be made for a 20
master planned area only if so permitted under the structure plan for the 21
area. See section 2.5B.4 (Restriction on particular development 22
applications in master planned area).'. 23
161 Amendment of s 3.1.8 (Referral agencies for development 24
applications) 25
Section 3.1.8(1)-- 26
insert-- 27
`Note-- 28
For declared master planned areas, see however section 2.5B.64 29
(Exclusion of particular agencies as a referral agency).'. 30
s 162 151 s 164
Urban Land Development Authority Bill 2007
162 Amendment of s 3.2.1 (Applying for development 1
approval) 2
(1) Section 3.2.1(7)(f) and (10)(b), from `the regulatory 3
provisions'-- 4
omit, insert-- 5
`a State planning regulatory provision.'. 6
(2) Section 3.2.1(7)-- 7
insert-- 8
`Note-- 9
For particular provisions relating to a declared master planned area, see 10
also section 2.5B.65 (Exclusion of particular provisions about making 11
application) and 2.5B.66 (Additional provisions for when application is 12
properly made).'. 13
163 Amendment of s 3.3.15 (Referral agency assesses 14
application) 15
Section 3.3.15(1)(b)(ii)(B)-- 16
omit, insert-- 17
`(B) for the planning scheme of a local 18
government in the relevant area for a State 19
planning regulatory provision--the 20
provision; 21
(C) for the planning scheme of a local 22
government in a designated region--the 23
region's regional plan; and'. 24
164 Amendment of s 3.3.17 (How a concurrence agency may 25
change its response) 26
Section 3.3.17(2), after `amended response'-- 27
insert-- 28
`or the Minister has given the concurrence agency a direction 29
under section 3.6.2'. 30
s 165 152 s 167
Urban Land Development Authority Bill 2007
165 Amendment of s 3.5.4 (Code assessment) 1
Section 3.5.4(2)(c)(ii)-- 2
omit, insert-- 3
`(ii) for the planning scheme of a local government in 4
the relevant area for a State planning regulatory 5
provision--the provision; and 6
(iii) for the planning scheme of a local government in a 7
designated region--the region's regional plan; 8
and'. 9
166 Amendment of s 3.5.5 (Impact assessment) 10
Section 3.5.5(2)(c)(ii)-- 11
omit, insert-- 12
`(ii) for the planning scheme of a local government in 13
the relevant area for a State planning regulatory 14
provision--the provision; and 15
(iii) for the planning scheme of a local government in a 16
designated region--the region's regional plan; 17
Note-- 18
For declared master planned areas, see also section 19
2.5B.70 (Assessable development requiring impact 20
assessment).'. 21
167 Amendment of s 3.5.5A (Assessment for s 3.1.6 22
preliminary approvals that override a local planning 23
instrument) 24
Section 3.5.5A(2)(e)(ii)-- 25
omit, insert-- 26
(ii) for the planning scheme of a local government in 27
the relevant area for a State planning regulatory 28
provision--the provision; and 29
(iii) for the planning scheme of a local government in a 30
designated region--the region's regional plan;'. 31
s 168 153 s 170
Urban Land Development Authority Bill 2007
168 Amendment of s 3.5.11 (Decision generally) 1
(1) Section 3.5.11(4A), from `the regulatory provisions'-- 2
omit, insert-- 3
`a State planning regulatory provision.'. 4
(2) Section 3.5.11(6)-- 5
insert-- 6
`Note-- 7
For declared master planned areas, see also section 2.5B.68 (Decision 8
must not be contrary to master plan).'. 9
169 Amendment of s 3.5.13 (Decision if application requires 10
code assessment) 11
Section 3.5.13(3)(b)(ii)-- 12
omit, insert-- 13
`(ii) for the planning scheme of a local government in 14
the relevant area for a State planning regulatory 15
provision--the provision; and 16
(iii) for the planning scheme of a local government in a 17
designated region--the region's regional plan. 18
Note-- 19
For declared master planned areas, see also section 20
2.5B.69 (Assessable development requiring code 21
assessment).'. 22
170 Amendment of s 3.5.14 (Decision if application requires 23
impact assessment) 24
Section 3.5.14(4)(b)-- 25
omit, insert-- 26
`(b) for the planning scheme of a local government in the 27
relevant area for a State planning regulatory 28
provision--the provision; 29
(c) for the planning scheme of a local government in a 30
designated region--the region's regional plan. 31
s 171 154 s 173
Urban Land Development Authority Bill 2007
Note-- 1
For declared master planned areas, see also section 2.5B.70 (Assessable 2
development requiring impact assessment).'. 3
171 Amendment of s 3.5.14A (Decision if application under 4
s 3.1.6 requires assessment) 5
Section 3.5.14A(2)(c)(ii)-- 6
omit, insert-- 7
`(ii) for the planning scheme of a local government in 8
the relevant area for a State planning regulatory 9
provision--the provision; 10
(iii) for the planning scheme of a local government in a 11
designated region--the region's regional plan.'. 12
172 Amendment of s 3.5.15 (Decision notice) 13
Section 3.5.15(2)(k)(iii)(B)-- 14
omit, insert-- 15
`(B) for the planning scheme of a local 16
government in the relevant area for a State 17
planning regulatory provision--the 18
provision; 19
(C) for the planning scheme of a local 20
government in a designated region--the 21
region's regional plan; 22
Note-- 23
For declared master planned areas, see also section 24
2.5B.71 (Decision notice).'. 25
173 Amendment of s 3.5.17 (Changing conditions and other 26
matters during the applicant's appeal period) 27
Section 3.5.17-- 28
insert-- 29
`(8) If the development approved by the negotiated decision notice 30
is different from the development approved in the decision 31
notice in a way that affects the amount of a regulated State 32
s 174 155 s 177
Urban Land Development Authority Bill 2007
infrastructure charge, the relevant State infrastructure provider 1
may give the applicant a new regulated State infrastructure 2
charges notice under section 5.3.4 to replace the original 3
notice.'. 4
174 Amendment of s 3.5.20 (When development may start) 5
Section 3.5.20(1)-- 6
insert-- 7
`Note-- 8
For declared master planned areas, see also section 2.5B.72 (Additional 9
restriction on starting of development).'. 10
175 Amendment of s 3.5.27 (Certain approvals to be recorded 11
on planning scheme) 12
Section 3.5.27(2)-- 13
insert-- 14
`Note-- 15
For declared master planned areas, see also section 2.5B.73 (Notation of 16
master plan on planning scheme).'. 17
176 Amendment of s 3.5.31 (Conditions generally) 18
(1) Section 3.5.31-- 19
insert-- 20
`(c) require compliance with an infrastructure agreement 21
relating to the land.'. 22
(2) Section 3.5.31-- 23
insert-- 24
`(2) A condition imposed under subsection (1)(c) is taken to 25
comply with section 3.5.30.'. 26
177 Replacement of ch 3, pt 6, div 1 27
Chapter 3, part 6, division 1-- 28
omit, insert-- 29
s 177 156 s 177
Urban Land Development Authority Bill 2007
`Division 1 Ministerial directions 1
`3.6.1 Ministerial directions to assessment managers 2
`(1) The Minister may, by written notice, give a direction to an 3
assessment manager for a development application, in any of 4
the following circumstances-- 5
(a) if-- 6
(i) the assessment manager has not decided the 7
application; and 8
(ii) the development involves a State interest; and 9
(iii) the matter the subject of the direction is not within 10
the jurisdiction of a concurrence agency for the 11
application; 12
(b) if the assessment manager has not decided the 13
application by the end of the decision making period, 14
including any extension of the decision making period; 15
(c) if the assessment manager has not made a decision on 16
representations made to the assessment manager under 17
section 3.5.17; 18
(d) if the assessment manager has not otherwise complied 19
with the period for taking an action under IDAS. 20
`(2) The direction may require the assessment manager-- 21
(a) if subsection (1)(a) applies--to take one or more of the 22
following actions-- 23
(i) to refuse the application; 24
(ii) to attach to any development approval the 25
conditions stated in the notice; 26
(iii) to approve only part of the application; 27
(iv) to give a preliminary approval only; 28
(v) for an application for a preliminary approval to 29
which section 3.1.6 applies-- 30
(A) to approve all or some of the variations 31
sought; or 32
s 177 157 s 177
Urban Land Development Authority Bill 2007
(B) subject to section 3.1.6(3) and (5)--to 1
approve different variations from those 2
sought; or 3
(C) to refuse the variations sought; or 4
(b) if subsection (1)(b) applies--to decide the development 5
application within a stated period of at least 20 business 6
days; or 7
(c) if subsection (1)(c) applies--to decide whether to give a 8
negotiated decision notice within a stated period of at 9
least 20 business days; or 10
(d) if subsection (1)(d) applies--to take the action within 11
the reasonable period stated in the direction. 12
`(3) The notice must state-- 13
(a) the reasons for deciding to give the direction; and 14
(b) for a direction under subsection (2)(a)--the State 15
interest giving rise to the direction. 16
`(4) The Minister must give the applicant and any referral agencies 17
a copy of the notice. 18
`(5) The assessment manager must comply with the direction. 19
`(6) For an appeal under any of sections 4.1.27 to 4.1.29 the 20
Minister's direction under subsection (2)(a) is taken to be a 21
concurrence agency's response and the chief executive is 22
taken to be a co-respondent. 23
`3.6.2 Ministerial directions to concurrence agencies 24
`(1) The Minister may, by written notice, give a direction to a 25
concurrence agency if the Minister is satisfied-- 26
(a) there are inconsistencies between 2 or more concurrence 27
agency responses; or 28
(b) that the concurrence agency's response contains a 29
condition that does not comply with section 3.5.30 or 30
3.5.32; or 31
(c) that the concurrence agency's response is not within the 32
limits of its jurisdiction; or 33
s 177 158 s 177
Urban Land Development Authority Bill 2007
(d) that the concurrence agency has not assessed an 1
application under the Act; or 2
(e) that the concurrence agency has not complied with the 3
reasonable period for taking an action under IDAS. 4
`(2) The direction may require the concurrence agency-- 5
(a) if subsection (1)(a) applies--to reissue the concurrence 6
agency's response to address the inconsistency; or 7
(b) if subsection (1)(b) applies--to reissue the concurrence 8
agency's response without the condition or with a 9
modified condition; or 10
(c) if subsection (1)(c) applies--to reissue the concurrence 11
agency's response in a stated way to ensure the 12
concurrence agency's response is within the limits of its 13
jurisdiction; or 14
(d) if subsection (1)(d) applies--to reissue the concurrence 15
agency's response in a stated way to ensure the 16
concurrence agency has assessed the application under 17
the Act; or 18
(e) if subsection (1)(e) applies--to take the action within 19
the reasonable period stated in the direction. 20
`(3) The notice must state the reasons for deciding to give the 21
direction. 22
`(4) The Minister must give the assessment manager, the applicant 23
and any other referral agency a copy of the notice. 24
`(5) The concurrence agency must comply with the direction. 25
Note-- 26
If the Minister gives a direction under this section, the concurrence 27
agency may give or amend its response after the end of the assessment 28
period for the application. See section 3.3.17(2). 29
`3.6.3 Ministerial directions to applicants 30
`(1) The Minister may, by written notice, give a direction to an 31
applicant if the applicant has not complied with a stage of 32
IDAS or an aspect of a stage of IDAS. 33
s 178 159 s 178
Urban Land Development Authority Bill 2007
`(2) The Minister may, by written notice, direct the applicant to, 1
within a stated reasonable period, take stated action relating to 2
the stage or aspect to ensure compliance with IDAS. 3
`(3) The notice must state the reasons for deciding to give the 4
direction. 5
`(4) The notice may also state the point in the IDAS process from 6
which the process must restart. 7
`(5) The Minister must give the assessment manager and the 8
referral agencies a copy of the notice. 9
`(6) The applicant must comply with the direction. 10
`(7) If the direction states the point in the IDAS process from 11
which the process must restart and the applicant complies 12
with the direction, the process must, for the application, 13
restart at that point.'. 14
178 Amendment of s 3.6.7 (Effect of call in) 15
(1) Section 3.6.7(4), `Minister'-- 16
omit, insert-- 17
`Minister for a designated region'. 18
(2) Section 3.6.7(5), (6) and (8), `Minister'-- 19
omit, insert-- 20
`Minister for the designated region'. 21
(3) Section 3.6.7(5)(a) and (b)-- 22
omit, insert-- 23
`(a) publication of a notice under section 2.5A.13 about the 24
designated region's draft regional plan; or 25
(b) publication of a notice under section 2.5A.14 about the 26
designated region's regional plan.'. 27
(4) Section 3.6.7(8), from `to the SEQ regional plan'-- 28
omit, insert-- 29
`designated region's regional plan or a planning scheme 30
amendment reflecting the designated region's regional plan.'. 31
s 179 160 s 182
Urban Land Development Authority Bill 2007
179 Amendment of s 4.1.21 (Court may make declarations) 1
Section 4.1.21(1)(b), after `planning instruments'-- 2
insert-- 3
`and master plans'. 4
180 Amendment of s 4.1.23 (Costs) 5
(1) Section 4.1.23(2)(g), after `development application'-- 6
insert-- 7
`or master plan application'. 8
(2) Section 4.1.23(2)(g), after `information request'-- 9
insert-- 10
`, or to a request for information for the master plan 11
application'. 12
(3) Section 4.1.23(2)(h) and (i), after `local government'-- 13
insert-- 14
`, or a coordinating agency for a master plan application,'. 15
181 Amendment of s 4.1.26 (Evidence of planning schemes) 16
(1) Section 4.1.26, heading, after `schemes'-- 17
insert-- 18
`or master plans'. 19
(2) Section 4.1.26(1), after `planning scheme'-- 20
insert-- 21
`or master plan'. 22
(3) Section 4.1.26(2), `scheme or part'-- 23
omit, insert-- 24
`scheme or plan, or part of the scheme or plan'. 25
182 Insertion of new s 4.1.30A 26
Chapter 4, part 1, division 9-- 27
s 183 161 s 183
Urban Land Development Authority Bill 2007
insert-- 1
`4.1.30A Appeals by applicant for approval of a proposed 2
master plan 3
`(1) A person who has applied for an approval of a proposed 4
master plan may appeal to the court against-- 5
(a) the refusal, or the refusal in part, to give the approval; or 6
(b) a matter stated in the notice of decision about the 7
application; or 8
(c) a deemed refusal. 9
`(2) An appeal under subsection (1)(a) or (b) must be started 10
within 20 business days (the applicant's appeal period) after 11
the day the applicant is given the notice of the decision. 12
`(3) An appeal under subsection (1)(c) may be started at any time 13
after the last day a decision on the matter should have been 14
made.'. 15
183 Replacement of s 4.1.36 (Appeals about infrastructure 16
charges) 17
Section 4.1.36-- 18
omit, insert-- 19
`4.1.36 Appeals about particular infrastructure charges 20
`(1) This section applies to a person who has been given, and is 21
dissatisfied with, an infrastructure charges notice or a 22
regulated State infrastructure charges notice. 23
`(2) The person may appeal to the court against the notice. 24
`(3) The appeal must be started within 20 business days after-- 25
(a) if the notice is given because of a development approval 26
or master plan approval--the day the applicant is given 27
notice of the decision about the approval; or 28
(b) otherwise--the day the notice is given to the person. 29
`(4) An appeal under this section may only be about-- 30
(a) whether a charge in the notice is so unreasonable that no 31
reasonable relevant local government, State 32
s 184 162 s 186
Urban Land Development Authority Bill 2007
infrastructure provider or coordinating agency could 1
have imposed it; or 2
(b) an error in the calculation of the charge. 3
`(5) To remove any doubt, it is declared that an appeal under this 4
section can not be about the methodology used to establish the 5
charge in the relevant infrastructure charges schedule or 6
regulated State infrastructure charges schedule.'. 7
184 Amendment of s 4.1.42 (Notice of appeal to other parties 8
(div 9)) 9
(1) Section 4.1.42(1)(b) to (e)-- 10
renumber as section 4.1.42(1)(f) to (i). 11
(2) Section 4.1.42(1)-- 12
insert-- 13
`(b) if the appeal is under section 4.1.30A--the local 14
government and coordinating agency for the application 15
for approval of the master plan; or 16
(c) if the appeal is under section 4.1.33A--the entity that 17
made the decision about the application to change the 18
conditions; or 19
(d) if the appeal is under section 4.1.33B--the local 20
government; or 21
(e) if the appeal is under section 4.1.36--the entity that 22
gave the notice the subject of the appeal; or'. 23
185 Amendment of s 4.1.43 (Respondent and co-respondents 24
for appeals under div 8) 25
Section 4.1.43(9)(b), `section 3.6.3'-- 26
omit, insert-- 27
`section 3.6.1(1)(a)'. 28
186 Amendment of s 4.1.50 (Who must prove case) 29
(1) Section 4.1.50(1), after `development application'-- 30
s 187 163 s 188
Urban Land Development Authority Bill 2007
insert-- 1
`, or a person who has applied for approval of a proposed 2
master plan'. 3
(2) Section 4.1.50(4), `4.1.30 or 4.1.31'-- 4
omit, insert-- 5
`4.1.30, 4.1.31, 4.1.33A, 4.1.33B or 4.1.36'. 6
187 Amendment of s 4.1.52 (Appeal by way of hearing anew) 7
(1) Section 4.1.52(2), after `development application'-- 8
insert-- 9
`, or is a person who has applied for approval of a proposed 10
master plan'. 11
(2) Section 4.1.52-- 12
insert-- 13
`(4) Further, if the appellant is a person who has applied for 14
approval of a proposed master plan, the court is not prevented 15
from considering and making a decision about a ground of 16
appeal (based on any coordinating agency's response) merely 17
because this Act required the local government to refuse the 18
application or include conditions in any approval of a master 19
plan.'. 20
188 Amendment of s 4.2.7 (Jurisdiction of tribunals) 21
(1) Section 4.2.7(2)(b)-- 22
renumber as section 4.2.7(2)(c). 23
(2) Section 4.2.7(2)-- 24
insert-- 25
`(b) an error in the calculation of a charge in an 26
infrastructure charges notice or a regulated State 27
infrastructure charges notice; or'. 28
s 189 164 s 191
Urban Land Development Authority Bill 2007
189 Replacement of s 4.3.5A (Compliance with the SEQ 1
regional plan) 2
Section 4.3.5A-- 3
omit, insert-- 4
`4.3.5A Compliance with State planning regulatory provisions 5
`Subject to chapter 1, part 4, a person must not carry out 6
development in the relevant area for a State planning 7
regulatory provision if the development is contrary to a State 8
planning regulatory provision for the area. 9
Maximum penalty--1665 penalty units. 10
`4.3.5B Compliance with master plans 11
`(1) This section is subject to chapter 1, part 4. 12
`(2) This section does not apply to development carried out on 13
designated land in accordance with the relevant designation. 14
`(3) A person must not carry out development in a declared master 15
planned area if the carrying out of the development is contrary 16
to a master plan for the area. 17
Maximum penalty--1665 penalty units. 18
`(4) A person must not carry out development in a declared master 19
planned area if the structure plan for the area requires that the 20
development can not be carried out in the master planned area 21
until there is a master plan for the development. 22
Maximum penalty--1665 penalty units.'. 23
190 Amendment of s 4.3.6 (General exemption for emergency 24
development or use) 25
Section 4.3.6(1), `Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5'-- 26
omit, insert-- 27
`Sections 4.3.1 and 4.3.3 to 4.3.5B'. 28
191 Amendment of s 4.3.7 (Giving a false or misleading 29
document) 30
(1) Section 4.3.7(2), after `concurrence agency'-- 31
s 192 165 s 194
Urban Land Development Authority Bill 2007
insert-- 1
`, or to a local government to which a master plan application 2
has been made,'. 3
(2) Section 4.3.7(3), after `concurrence agency'-- 4
insert-- 5
`or local government'. 6
192 Amendment of s 4.3.13 (Specific requirements of 7
enforcement notice) 8
(1) Section 4.3.13(1)(e) and (2)(a), `or a code-- 9
omit, insert-- 10
`, a code or a master plan'. 11
(2) Section 4.3.13(1)(f), after `development permit'-- 12
insert-- 13
`or make a master plan application'. 14
193 Amendment of s 4.3.16 (Processing application required 15
by enforcement or show cause notice) 16
Section 4.3.16, `preliminary approval or development 17
permit'-- 18
omit, insert-- 19
`preliminary approval or development permit or makes a 20
master plan application'. 21
194 Amendment of s 4.3.20 (Magistrates Court may make 22
orders) 23
(1) Section 4.3.20(3)(d), `or a code'-- 24
omit, insert-- 25
`, a code or a master plan'. 26
(2) Section 4.3.20(3)(e), after `development permit'-- 27
insert-- 28
`or make a master plan application'. 29
s 195 166 s 197
Urban Land Development Authority Bill 2007
195 Amendment of s 4.4.13 (Evidentiary aids generally) 1
(1) Section 4.4.13(d) and (e)-- 2
renumber as section 4.4.13(e) and (f). 3
(2) Section 4.4.13-- 4
insert-- 5
`(d) on a stated day, or during a stated period-- 6
(i) there was or was not a master plan for stated land 7
or development; or 8
(ii) a stated condition was included in a master plan;'. 9
196 Amendment of s 5.1.1 (Purpose of pt 1) 10
Section 5.1.1-- 11
insert-- 12
`Note-- 13
For declared master planned areas, see also section 2.5B.58 (Modified 14
application of provisions about infrastructure for master plan).'. 15
197 Amendment of s 5.1.5 (Making or amending 16
infrastructure charges schedules) 17
(1) Section 5.1.5(1)(b)-- 18
omit, insert-- 19
`(b) the process stated in schedule 1.'. 20
(2) Section 5.1.5(2)-- 21
omit. 22
(3) Section 5.1.5(3)-- 23
renumber as section 5.1.5(2). 24
(4) Section 5.1.5(4)-- 25
omit, insert-- 26
`(3) The Minister may seek advice or comment from the 27
Queensland Competition Authority about-- 28
s 198 167 s 200
Urban Land Development Authority Bill 2007
(a) the consideration of State interests under schedule 1, 1
section 11; or 2
(b) another matter relating to an infrastructure charges 3
schedule. 4
`(4) However, the seeking of advice or comment under subsection 5
(3) does not stop the process under schedule 1.'. 6
198 Amendment of s 5.1.15 (Regulated infrastructure charge) 7
Section 5.1.15, `A regulation may prescribe'-- 8
omit, insert-- 9
`A regulation or State planning regulatory provision may 10
provide for'. 11
199 Amendment of s 5.1.16 (Adopting and notifying regulated 12
infrastructure charges schedule) 13
Section 5.1.16(2), `prescribed under section 5.1.15 for the 14
charge'-- 15
omit, insert-- 16
`provided for under a regulation or State planning regulatory 17
provision'. 18
200 Amendment of s 5.2.3 (Matters certain infrastructure 19
agreements must contain) 20
(1) Section 5.2.3, heading-- 21
omit, insert-- 22
`5.2.3 Content of infrastructure agreements'. 23
(2) Section 5.2.3-- 24
insert-- 25
`(2) To remove any doubt, it is declared that an infrastructure 26
agreement may-- 27
(a) include matters that are not within the jurisdiction of a 28
public sector entity that is a party to the agreement; and 29
(b) may relate to-- 30
s 201 168 s 202
Urban Land Development Authority Bill 2007
(i) the making of a structure plan for a declared master 1
planned area; or 2
(ii) master plans for a master planned area. 3
`(3) However-- 4
(a) if the public sector entity is a local government; and 5
(b) it is proposed to include in the agreement a provision for 6
payment to the local government for making the 7
structure plan; 8
the amount payable must take into account any amounts paid 9
or payable to the local government under chapter 2, part 5B, 10
division 8, for making the structure plan.'. 11
201 Amendment of s 5.2.6 (Exercise of discretion unaffected 12
by infrastructure agreements) 13
Section 5.2.6, from `about'-- 14
omit, insert-- 15
`about-- 16
(a) a structure plan or proposed structure plan; or 17
(b) a master plan or an application for approval of a master 18
plan; or 19
(c) an existing or future development application.'. 20
202 Amendment of s 5.2.7 (Infrastructure agreements prevail 21
if inconsistent with development approval) 22
(1) Section 5.2.7, heading, `development approval'-- 23
omit, insert-- 24
`particular instruments'. 25
(2) Section 5.2.7(1), after `development approval'-- 26
insert-- 27
`or master plan'. 28
(3) Section 5.2.7(2), `or a regulated infrastructure charges 29
notice'-- 30
s 203 169 s 203
Urban Land Development Authority Bill 2007
omit, insert-- 1
`, a regulated State infrastructure charges notice or a regulated 2
infrastructure charges notice'. 3
203 Insertion of new ch 5, pt 3 4
Chapter 5-- 5
insert-- 6
`Part 3 Funding of State infrastructure 7
in master planned areas 8
`5.3.1 Purpose of pt 3 9
`The purpose of this part is to-- 10
(a) seek to integrate land use and State infrastructure plans 11
for master planned areas; and 12
(b) establish an infrastructure funding framework for State 13
infrastructure in master planned areas; and 14
(c) integrate State infrastructure providers into the 15
framework. 16
Note-- 17
See also section 2.5B.58 (Modified application of provisions about 18
infrastructure for master plan). 19
`5.3.2 Power to make regulated State infrastructure 20
charges schedule for master planned area 21
`(1) A structure plan may include, or a State planning regulatory 22
provision may provide for, a regulated State infrastructure 23
charges schedule for a master planned area. 24
`(2) The Minister may seek advice or comment from the 25
Queensland Competition Authority about a regulated State 26
infrastructure charges schedule for a master planned area. 27
Note-- 28
An SEQ regional plan major development area under chapter 6, part 8, 29
is a master planned area for this section. See section 6.8.8(2). 30
s 203 170 s 203
Urban Land Development Authority Bill 2007
`5.3.3 Content of regulated State infrastructure charges 1
schedule 2
`(1) A regulated State infrastructure charges schedule for a master 3
planned area must state-- 4
(a) the infrastructure network that services, or is planned to 5
service, the area; and 6
(b) a charge for the supply of the State infrastructure for the 7
area (a regulated State infrastructure charge); and 8
(c) the development for which the charge may be levied. 9
`(2) A regulated State infrastructure charges schedule may also 10
state a matter related to a matter mentioned in subsection (1). 11
`5.3.4 Regulated State infrastructure charges notice 12
`(1) A notice requiring the payment of a regulated State 13
infrastructure charge (a regulated State infrastructure 14
charges notice) must state each of the following-- 15
(a) the amount of the charge; 16
(b) the land to which the charge applies; 17
(c) when the charge is payable; 18
(d) the State infrastructure network for which the charge has 19
been stated. 20
`(2) If the notice is given as a result of a development approval-- 21
(a) the relevant State infrastructure provider must give the 22
notice to the applicant at the same time as the 23
concurrence agency's response is given to the 24
assessment manager; and 25
(b) the charge is not recoverable unless the entitlements 26
under the development approval are exercised; and 27
(c) the notice lapses if the approval stops having effect. 28
`(3) If the notice is not given as a result of a development approval, 29
the relevant State infrastructure provider must give the notice 30
to the owner of the land. 31
s 203 171 s 203
Urban Land Development Authority Bill 2007
`(4) The amount of a regulated State infrastructure charge must 1
take account of any relevant infrastructure charge for State 2
infrastructure. 3
Example-- 4
an infrastructure charge relating to the local function of State-controlled 5
roads 6
`5.3.5 When regulated State infrastructure charge is 7
payable 8
`A regulated State infrastructure charge is payable by the 9
recipient of the relevant State infrastructure charges notice-- 10
(a) if the charge applies to reconfiguring a lot that is 11
assessable development--before the local government 12
approves the plan of subdivision under chapter 3, part 7; 13
or 14
(b) if the charge applies to building work that is assessable 15
development--before the certificate of classification for 16
the building work is issued; or 17
(c) if the charge applies to a material change of use--before 18
the change of use happens; or 19
(d) otherwise--on the day stated in the regulated State 20
infrastructure charges notice. 21
`5.3.6 Application of regulated State infrastructure charge 22
`A regulated State infrastructure charge levied and collected 23
for a network of State infrastructure must be used to provide 24
infrastructure for the network. 25
`5.3.7 Accounting for regulated State infrastructure charges 26
`To remove any doubt, it is declared that a regulated State 27
infrastructure charge levied and collected by a State 28
infrastructure provider need not be held in trust. 29
s 203 172 s 203
Urban Land Development Authority Bill 2007
`5.3.8 Infrastructure agreements about, and alternatives 1
to paying regulated State infrastructure charges 2
`Despite sections 5.3.4 and 5.3.5, a person to whom a 3
regulated State infrastructure charges notice has been given 4
and the State infrastructure provider may enter into an 5
infrastructure agreement for the charge, including, for 6
example, that-- 7
(a) the charge may be paid at a different time from the time 8
stated in the notice, and whether it may be paid by 9
instalments; or 10
(b) whether the State infrastructure may be supplied instead 11
of paying all or part of the charge; or 12
(c) land in fee simple may be given instead of paying the 13
charge or part of the charge; or 14
(d) other infrastructure, or contributions to other 15
infrastructure, may be provided instead of paying the 16
charge or part of the charge. 17
`5.3.9 Recovery of regulated State infrastructure charges 18
`(1) A regulated State infrastructure charge is a charge in favour of 19
the State on the land to which the charge applies. 20
`(2) The Local Government Act 1993, section 1018 and chapter 21
14, part 7, apply for the charge-- 22
(a) as if it were a rate under that Act; and 23
(b) as if a reference in the provisions to an overdue rate 24
were a reference to the charge; and 25
(c) as if a reference in the provisions to a local government 26
were a reference to the State; and 27
(d) as if a reference in the provisions to the chief executive 28
officer of a local government were a reference to the 29
executive officer of the State infrastructure provider that 30
gave the relevant regulated State infrastructure charges 31
notice; and 32
(e) with other necessary changes.'. 33
s 204 173 s 206
Urban Land Development Authority Bill 2007
Editor's note-- 1
Local Government Act 1993, section 1018 (Overdue rates may bear 2
interest) and chapter 14, part 7 (Recovery of rates) 3
204 Amendment of s 5.4.4 (Limitations on compensation 4
under ss 5.4.2 and 5.4.3) 5
Section 5.4.4(1)-- 6
insert-- 7
`(i) is about any of the matters comprising a structure plan 8
for a declared master planned area.'. 9
205 Amendment of s 5.5.1 (Local government may take or 10
purchase land) 11
(1) Section 5.5.1(1)(a), after `planning scheme'-- 12
insert-- 13
`or to achieve any of the outcomes in a structure plan made by 14
the local government'. 15
(2) Section 5.5.1(1)(b), `a decision notice has been given for a 16
development application'-- 17
omit, insert-- 18
`a development approval or master plan has taken effect'. 19
(3) Section 5.5.1(b)(i), after `development'-- 20
insert-- 21
`the subject of the development approval or master plan'. 22
(4) Section 5.5.1(1)(b)(ii), after `applicant'-- 23
insert-- 24
`for the development approval or the approval of the master 25
plan'. 26
206 Amendment of s 5.7.2 (Documents local government 27
must keep available for inspection and purchase) 28
(1) Section 5.7.2(1)(c), after `schedule 1, section 16'-- 29
s 207 174 s 207
Urban Land Development Authority Bill 2007
insert-- 1
`or schedule 1A, section 13'. 2
(2) Section 5.7.2(1)(m)-- 3
omit, insert-- 4
`(m) for each local government in the relevant area for a State 5
planning regulatory provision--a copy of the provision; 6
(ma) for a local government in a designated region--a copy 7
of the region's regional plan; 8
(mb) each master planned area declaration for its planning 9
scheme area; 10
(mc) each master plan for declared master planned areas in its 11
planning scheme area;' 12
207 Amendment of s 5.7.3 (Documents local government 13
must keep available for inspection only) 14
(1) Section 5.7.3-- 15
insert-- 16
`(c) a register of all master plan applications made to the 17
local government.'. 18
(2) Section 5.7.3-- 19
insert-- 20
`(2) However, subsection 1(c) does not apply for a master plan 21
application until-- 22
(a) the application is withdrawn or lapses; or 23
(b) if paragraph (a) does not apply--the end of the last 24
period during which an appeal may be made against a 25
decision on the application. 26
Note-- 27
For access to master plan applications until subsection (1)(c) applies, 28
see section 2.5B.57 (Public scrutiny of application and related material). 29
`(3) The register must include the following for each master plan 30
application-- 31
(a) a property description of the master planning unit; 32
s 208 175 s 209
Urban Land Development Authority Bill 2007
(b) the type of master plan applied for; 1
(c) the names of any coordinating agency and participating 2
agencies; 3
(d) whether the application was withdrawn, lapsed or 4
decided; 5
(e) if the application was decided, the following-- 6
(i) the day the decision was made; 7
(ii) whether the proposed master plan was approved, 8
approved with the inclusion of conditions or 9
refused; 10
(iii) if the proposed master plan was approved, whether 11
coordinating agency conditions were included in 12
the plan, and if so, the coordinating agency's name; 13
(iv) whether a negotiated notice was also given for the 14
application. 15
`(4) The register may be in hard copy or electronic form.'. 16
208 Amendment of s 5.7.6 (Documents chief executive must 17
keep available for inspection and purchase) 18
Section 5.7.6(1)(fa)-- 19
omit, insert-- 20
`(fa) each State planning regulatory provision; 21
(fb) the regional plan for each designated region; 22
(fc) master planned area declarations;'. 23
209 Amendment of s 5.7.9 (Limited planning and 24
development certificates) 25
Section 5.7.9(b), `regulatory provisions or the draft regulatory 26
provisions'-- 27
omit, insert-- 28
`State planning regulatory provisions'. 29
s 210 176 s 211
Urban Land Development Authority Bill 2007
210 Amendment of s 5.7.10 (Standard planning and 1
development certificates) 2
(1) After section 5.7.10(1)(aa)-- 3
insert-- 4
`(aab)a copy of each master plan applying to the premises; 5
(aac) a copy of every notice of decision or negotiated notice 6
about a master plan application for a master plan in 7
force for the planning scheme area for the premises;'. 8
(2) Section 5.7.10(1)(c), after `development approval'-- 9
insert-- 10
`or a condition included in the master plan'. 11
(3) Section 5.7.10(1)(e), after `party'-- 12
insert-- 13
`or that it has received a copy of under section 5.2.4'. 14
(4) Section 5.7.10(1)(f), after `schedule 1, section 16'-- 15
insert-- 16
`or schedule 1A, section 13'. 17
(5) Section 5.7.10(1)(aa) to (f), as amended-- 18
renumber as section 5.7.10(1)(b) to (j). 19
211 Amendment of s 5.7.11 (Full planning and development 20
certificates) 21
(1) Section 5.7.11(1)(b) and (c)-- 22
renumber as section 5.7.11(1)(c) and (d). 23
(2) Section 5.7.11(1)-- 24
insert-- 25
`(b) if there is a master plan that applies to the premises that 26
includes conditions, including conditions of a type 27
mentioned in paragraph (a)--a statement about the 28
fulfilment or non-fulfilment of each condition, at a 29
stated day after the day the certificate was applied for;'. 30
s 212 177 s 215
Urban Land Development Authority Bill 2007
212 Amendment of s 5.8.1 (When EIS process applies) 1
Section 5.8.1-- 2
insert-- 3
`(c) or is proposed to be, the subject of a master plan 4
application.'. 5
213 Amendment of s 5.8.2 (Purpose of EIS process) 6
(1) Section 5.8.2(g) and (h)-- 7
renumber as section 5.8.2(h) and (i). 8
(2) Section 5.8.2-- 9
insert-- 10
`(g) for development under section 5.8.1(c)--to help the 11
local government and any coordinating agency and 12
participating agency to make an informed decision on 13
the master plan application;'. 14
214 Amendment of s 5.8.3 (Applying for terms of reference) 15
Section 5.8.3(4)-- 16
omit, insert-- 17
`(4) If an applicant proposes to make 1 or more master plan 18
applications for the development, the EIS must be prepared 19
for the first of the applications. 20
`(5) Despite subsections (3) and (4), if the chief executive agrees 21
that the EIS can be prepared for a stated later application, the 22
EIS must be prepared for that application.'. 23
215 Amendment of s 5.8.4 (Draft terms of reference for EIS) 24
(1) Section 5.8.4(1)(c), `section 5.8.13(b) and (c)'-- 25
omit, insert-- 26
`section 5.8.13(b), (c) and (d)'. 27
(2) Section 5.8.4(9)-- 28
insert-- 29
s 216 178 s 219
Urban Land Development Authority Bill 2007
`(c) for development that is, or is proposed to be, the subject 1
of a master plan application--any coordinating agency.'. 2
216 Amendment of s 5.8.5 (Terms of reference for EIS) 3
Section 5.8.5(5)-- 4
insert-- 5
`(c) to the extent the development for which the terms of 6
reference have been prepared is, or is proposed to be, the 7
subject of a master plan application--to the local 8
government and any coordinating agency.'. 9
217 Amendment of s 5.8.7 (Public notification of draft EIS) 10
Section 5.8.7(1)-- 11
insert-- 12
`(d) to the extent the development for which the EIS has 13
been prepared is, or is proposed to be, the subject of a 14
master plan application--give a copy of the draft EIS to 15
the local government and any coordinating agency.'. 16
218 Amendment of s 5.8.9 (Chief executive evaluates draft 17
EIS, submissions and other relevant material) 18
Section 5.8.9(1), `section 5.8.13(b) and (c)'-- 19
omit, insert-- 20
`section 5.8.13(b), (c) and (d)'. 21
219 Amendment of s 5.8.13 (Who the chief executive must 22
give EIS and other material to) 23
(1) Section 5.8.13(d)-- 24
renumber as section 5.8.13(e). 25
(2) Section 5.8.13-- 26
insert-- 27
`(d) to the extent the development for which the EIS has 28
been prepared is, or is proposed to be, the subject of a 29
s 220 179 s 223
Urban Land Development Authority Bill 2007
master plan application--the local government and any 1
coordinating agency; and'. 2
220 Amendment of s 5.9.9 (Chief executive may issue 3
guidelines) 4
(1) Section 5.9.9(1)(d)(ii) and (iii)-- 5
renumber as section 5.9.9(1)(d)(iii) and (iv). 6
(2) Section 5.9.9(1)(d)-- 7
insert-- 8
`(ii) schedule 1A, section 17(b);'. 9
221 Amendment of s 6.1.29 (Assessing applications (other 10
than against the building assessment provisions)) 11
Section 6.1.29(3)(f), `repealed Act;'-- 12
omit, insert-- 13
`repealed Act; 14
Editor's note-- 15
For regional plans, see also sections 6.4.1 and 6.8.10.'. 16
222 Amendment of s 6.1.30 (Deciding applications (other than 17
under the building assessment provisions)) 18
Section 6.1.30(6)(b), `refused.'-- 19
omit, insert-- 20
`refused. 21
Editor's note-- 22
For regional plans, see also sections 6.4.1 and 6.8.10.'. 23
223 Amendment of s 6.1.45A (Development control plans 24
under repealed Act) 25
Section 6.1.45A(6), `plan.'-- 26
omit, insert-- 27
`plan. 28
s 224 180 s 224
Urban Land Development Authority Bill 2007
Editor's note-- 1
For structure plans and master plans for development control plans, see 2
also section 6.8.12 (Transition of validated planning documents to 3
master planning documents).'. 4
224 Insertion of new ch 6, pt 8 5
Chapter 6-- 6
insert-- 7
`Part 8 Transitional provisions for 8
Urban Land Development 9
Authority Act 2007 10
`Division 1 Provisions for SEQ regional plan 11
`6.8.1 Definitions for div 1 12
`In this division-- 13
amendment includes replacement. 14
commencement means the commencement of this section. 15
former, for a provision mentioned in this division, means the 16
provision to which the reference relates is a provision of this 17
Act as in force before the commencement. 18
new, for a provision mentioned in this division, means the 19
provision to which the reference relates is a provision of this 20
Act as in force from the commencement. 21
regulatory provisions means regulatory provisions under 22
former section 2.5A.12. 23
SEQ region means the area, including the area of any 24
Queensland waters, that comprised the SEQ region under 25
former section 2.5A.2 immediately before the date of assent 26
of the Urban Land Development Authority Act 2007. 27
SEQ regional plan means the instrument made by the 28
regional planning Minister under former section 2.5A.15(2) in 29
existence under this Act immediately before the date of assent 30
of the Urban Land Development Authority Act 2007. 31
s 224 181 s 224
Urban Land Development Authority Bill 2007
SEQ regional plan local growth management strategy means 1
a local growth management strategy under former section 2
2.5A.20(5). 3
SEQ regional plan major development area means an area 4
mentioned in former section 2.5A.20(5), definition major 5
development area, identified or purportedly identified under 6
that provision at any time before the commencement. 7
SEQ regional plan structure plan means a structure plan 8
under former section 2.5A.20(5). 9
`6.8.2 SEQ region becomes a designated region 10
`(1) The SEQ region is, from the commencement, taken to be a 11
designated region under new section 2.5A.2, with the name 12
SEQ region, as if it has been prescribed under a regulation 13
made under that section. 14
`(2) Subsection (1) does not prevent the amendment of the 15
designated region, under new section 2.5A.2. 16
`6.8.3 SEQ regional plan becomes the regional plan for 17
the SEQ region 18
`(1) The SEQ regional plan is, from the commencement, taken to 19
be the regional plan for the SEQ region as a designated region. 20
`(2) To remove any doubt, it is declared that the regional plan 21
continues to be a statutory instrument under the Statutory 22
Instruments Act 1992. 23
`(3) Subsection (1) does not prevent the amendment of the 24
regional plan, under new chapter 2, part 5A, division 5. 25
`6.8.4 Regulatory provisions included in SEQ regional plan 26
become State planning regulatory provisions 27
`(1) The regulatory provisions included in the SEQ regional plan 28
are, from the commencement, taken to be State planning 29
regulatory provisions for the SEQ region. 30
`(2) Subsection (1) does not prevent the amendment of the State 31
planning regulatory provisions for the SEQ region, under new 32
chapter 2, part 5C, division 4. 33
s 224 182 s 224
Urban Land Development Authority Bill 2007
`6.8.5 References in SEQ regional plan and regulatory 1
provisions 2
`(1) This section applies to a reference in the SEQ regional plan or 3
the regulatory provisions to-- 4
(a) a local growth management strategy; or 5
(b) a major development area; or 6
(c) a structure plan. 7
`(2) From the commencement-- 8
(a) a reference to a local growth management strategy is 9
taken to be a reference to an SEQ regional plan local 10
growth management strategy; and 11
(b) a reference to a major development area is taken to be a 12
reference to an SEQ regional plan major development 13
area; and 14
(c) a reference to a structure plan is taken to be a reference 15
to an SEQ regional plan structure plan. 16
`6.8.6 Local growth management strategy 17
`An SEQ regional plan local growth management strategy 18
may be included in the regional plan for the SEQ region, using 19
the process under new section 2.5A.18. 20
`6.8.7 Structure plan 21
`(1) This section applies to a local government whose local 22
government area is in the SEQ region if-- 23
(a) the local government has resolved to prepare an SEQ 24
regional plan structure plan-- 25
(i) before the commencement; or 26
(ii) if the regional planning Minister for the SEQ 27
region and the Minister approve the preparation of 28
the plan--after the commencement; and 29
(b) the local government has prepared the plan; and 30
(c) the regional planning Minister has approved the plan. 31
s 224 183 s 224
Urban Land Development Authority Bill 2007
`(2) The Minister must, under schedule 1, section 18, advise the 1
local government that it may-- 2
(a) adopt the plan as an amendment of its planning scheme; 3
or 4
(b) adopt the plan as an amendment of its planning scheme, 5
but subject to compliance with conditions the Minister 6
may impose about the content of the proposed 7
amendment of its planning scheme. 8
`(3) If the local government adopts the plan as an amendment of 9
its planning scheme, section 5.4.4(1)(i) applies to the 10
amendment as if it were about a matter consisting of a 11
structure plan for a declared master planned area. 12
`6.8.8 Major development areas 13
`(1) From the commencement, the regional planning Minister for 14
the SEQ region may, in a written notice to a relevant local 15
government, identify an SEQ regional plan major 16
development area in the SEQ region. 17
`(2) An SEQ regional plan major development area is taken to be a 18
master planned area identified under section 2.5B.1, but it is 19
not a declared master planned area. 20
`(3) In this section-- 21
relevant local government means a local government whose 22
local government area is in the SEQ region. 23
`6.8.9 Existing SEQ regional coordination committee 24
`The SEQ regional coordination committee established under 25
former section 2.5A.3 is, from the commencement, taken to 26
be the regional coordination committee for the SEQ region. 27
`6.8.10 Effect of regional plan for assessing and deciding 28
applications under transitional planning schemes 29
`(1) Subsections (2) and (3) apply-- 30
(a) for development on premises in a designated region 31
other than the SEQ region; and 32
s 224 184 s 224
Urban Land Development Authority Bill 2007
(b) for the purposes of assessing a development application 1
to which section 6.1.29 applies. 2
Note-- 3
For assessing a development application to which section 6.1.29 applies 4
for development on premises in the SEQ region, see section 6.4.1. 5
`(2) In addition to the matters mentioned in section 6.1.29(3), the 6
designated region's regional plan also applies for assessing 7
the application. 8
`(3) To the extent of any inconsistency between the designated 9
region's regional plan and a matter stated in section 6.1.29(3), 10
the regional plan prevails. 11
`(4) A requirement under section 6.1.30 to refuse a development 12
application because the application conflicts with any relevant 13
strategic plan or development control plan under a transitional 14
planning scheme applies only to the extent the requirement is 15
consistent with the designated region's regional plan. 16
`Division 2 Provisions for chapter 2, part 5B 17
`6.8.11 Master plans prevail over conditions of rezoning 18
approvals under repealed Act 19
`A master plan under this Act prevails, to the extent the plan is 20
inconsistent with a condition-- 21
(a) of an approval given under section 4.4(5) of the repealed 22
Act; or 23
(b) decided under section 2.19(3) of the repealed Act. 24
`6.8.12 Transition of validated planning documents to master 25
planning documents 26
`(1) This section applies to a development control plan, 27
transitional planning scheme, transitional planning scheme 28
policy or other plan (the validated planning document) to 29
which section 6.1.45A applies. 30
`(2) A State planning regulatory provision (the transitional 31
regulatory provision) may provide for-- 32
s 224 185 s 224
Urban Land Development Authority Bill 2007
(a) the transition of the validated planning document to a 1
structure plan for a declared master planned area, and a 2
master plan or master plans for the area; and 3
(a) any other matter related to the transition. 4
`(3) Without limiting subsection (2), the transitional regulatory 5
provision may provide for all or any of the following-- 6
(a) the identification of the master planned area for the 7
structure plan; 8
(b) how the structure plan is made; 9
(c) how master plans for the identified master planned area 10
are made, with or without approval; 11
(d) infrastructure agreements relating to the identified 12
master planned area. 13
`(4) If the transition mentioned in subsection (2)(a) is made under 14
the transitional regulatory provision-- 15
(a) the validated planning document ceases to have effect to 16
the extent provided for under the provision; and 17
(b) section 6.1.45A ceases to apply for the validated 18
planning document. 19
`(5) This section applies despite chapter 2 and section 6.1.45A to 20
the extent provided for under the transitional regulatory 21
provision. 22
`(6) However, on the making of the transition, this Act applies to 23
the structure plan, the master planned area and any master 24
plan made under the transitional regulatory provision as if 25
they had been made under chapter 2, part 5B. 26
`(7) Section 2.5C(7)(2) applies to a transitional regulatory 27
provision.'. 28
`Division 3 Miscellaneous provision 29
`6.8.13 Rezoning agreements under previous Acts 30
`(1) This section applies to an agreement made for securing the 31
conditions of a rezoning approval if the conditions did not 32
s 225 186 s 225
Urban Land Development Authority Bill 2007
attach to the land, the subject of the approval, and bind 1
successors in title. 2
`(2) To the extent the agreement was validly made, still has effect 3
and is not inconsistent with a master plan, nothing in the 4
repealed Act or this Act affects the agreement. 5
`(3) If-- 6
(a) a coordinating agency or the local government is 7
proposing to include a condition about infrastructure in 8
a proposed master plan; or 9
(b) a local government is fixing an infrastructure charge 10
under chapter 5, part 1; or 11
(c) a coordinating agency or State infrastructure provider is 12
giving a regulated State infrastructure charges notice; 13
any amount relating to infrastructure that has been paid, or is 14
payable, under the agreement must be taken into account.'. 15
225 Amendment of sch 1 (Process for making or amending 16
planning schemes) 17
(1) Schedule 1, section 3(2)(c)-- 18
omit, insert-- 19
`(c) if the local government is in a designated region--state 20
how the local government anticipates the planning 21
scheme will reflect the region's regional plan.'. 22
(2) Schedule 1, section 8A(1), after `scheme'-- 23
insert-- 24
`or infrastructure charges schedule'. 25
(3) Schedule 1, section 10(1)(b)(ii)-- 26
omit, insert-- 27
`(ii) if the local government is in a designated 28
region--the region's regional plan;'. 29
(4) Schedule 1, section 10(1)(b)-- 30
insert-- 31
s 226 187 s 226
Urban Land Development Authority Bill 2007
`(v) an infrastructure charges schedule associated with 1
a priority infrastructure plan included in the 2
planning scheme.'. 3
(5) Schedule 1, section 18(5)(b), before `the following'-- 4
insert-- 5
`each of'. 6
(6) Schedule 1, section 18(5)(b)(ii)-- 7
omit, insert-- 8
`(ii) if the local government is in a designated 9
region--the region's regional plan.'. 10
226 Insertion of new sch 1A 11
After schedule 1-- 12
insert-- 13
`Schedule 1A Process for amending planning 14
scheme to include a structure 15
plan 16
section 2.5B.10 17
`Part 1 Making of structure plan 18
amendment 19
`1 Master planning process 20
`(1) The local government must carry out the master planning 21
required to make a structure plan for a declared master 22
planned area. 23
`(2) A participating agency must, within the limits of the laws it 24
administers and the policies that are reasonably identifiable as 25
policies it applies, participate in the master planning carried 26
out by the local government to make a structure plan for a 27
declared master planned area. 28
s 226 188 s 226
Urban Land Development Authority Bill 2007
`(3) The coordinating agency must coordinate the involvement of 1
the participating agencies in the master planning process 2
required to make a structure plan for a declared master 3
planned area. 4
`(4) The local government and the coordinating agency must agree 5
on the proposed structure plan. 6
`(5) If the local government, a participating agency or the 7
coordinating agency can not agree on a matter mentioned in 8
subsections (1) to (4), the Minister must-- 9
(a) establish a committee to prepare a report on the matter 10
and having considered the report, decide the matter; or 11
(b) having considered the written views of the parties, 12
decide the matter. 13
`2 Proposing a structure plan 14
`(1) If the local government and the coordinating agency have 15
agreed on the proposed structure plan, the local government 16
must propose an amendment of its planning scheme to include 17
the proposed structure plan. 18
`(2) If the local government has proposed an amendment of its 19
planning scheme to include the proposed structure plan under 20
subsection (1), the local government must give the Minister a 21
copy of the proposed amendment to its planning scheme 22
including the proposed structure plan (the structure plan 23
amendment). 24
`Part 2 Consideration of State 25
interests and consultation 26
stage 27
`3 Considering proposed structure plan amendment for 28
adverse effects on State interests 29
`(1) On receiving the copy of the structure plan amendment, under 30
section 2(2), the Minister must consider whether or not State 31
s 226 189 s 226
Urban Land Development Authority Bill 2007
interests would be adversely affected by the proposed 1
structure plan amendment. 2
`(2) The Minister must advise the local government, having regard 3
to the Minister's consideration under subsection (1), that it 4
may start consultation on the proposed structure plan 5
amendment on conditions the Minister believes appropriate. 6
`(3) Before starting consultation on the proposed structure plan 7
amendment, the local government must comply with any 8
condition imposed by the Minister under subsection (2). 9
`4 Consultation on the proposed structure plan 10
amendment 11
`If the Minister advises the local government that it may start 12
consultation on the proposed structure plan amendment under 13
section 3(2)-- 14
(a) the local government must start consultation with the 15
significant landowners and stakeholders of the relevant 16
master planned area for the proposed structure plan 17
amendment; and 18
(b) the local government may prepare and negotiate a local 19
infrastructure agreement with the significant landowners 20
and stakeholders of the relevant master planned area; 21
and 22
(c) the coordinating agency may prepare and negotiate a 23
State infrastructure agreement with the significant 24
landowners and stakeholders of the relevant master 25
planned area. 26
`5 Resolution of conflict 27
`(1) If the parties can not agree on the matters mentioned in 28
section 4, the Minister must-- 29
(a) establish a committee to prepare a report on the matters 30
or obtain the written views of the parties; and 31
(b) having considered the written report or views of the 32
parties, decide-- 33
s 226 190 s 226
Urban Land Development Authority Bill 2007
(i) whether to extend the period during which 1
consultation must take place; or 2
(ii) that the consultation process ends and that the local 3
government, participating agencies and the 4
coordinating agency must re-start the master 5
planning process; or 6
(iii) that the structure plan preparation process ends and 7
that the declaration for the master planned area be 8
repealed. 9
`(2) The Minister's decision must not be contrary to any relevant 10
law. 11
`Part 3 Consideration of State 12
interests and notification stage 13
`6 Decision on proceeding with proposed structure plan 14
amendment 15
`(1) Following consultation on the proposed structure plan 16
amendment under section 4-- 17
(a) the local government must decide whether to-- 18
(i) proceed with the proposed structure plan 19
amendment and any local infrastructure 20
agreement; or 21
(ii) decide not to proceed with the proposed structure 22
plan amendment and any local infrastructure 23
agreement; and 24
(b) the coordinating agency must decide whether to-- 25
(i) proceed with the proposed structure plan 26
amendment and any State infrastructure 27
agreement; or 28
(ii) decide not to proceed with the proposed structure 29
plan amendment and any State infrastructure 30
agreement. 31
s 226 191 s 226
Urban Land Development Authority Bill 2007
`(2) If the local government and the coordinating agency decide to 1
proceed with the proposed structure plan amendment and any 2
local infrastructure agreement and any State infrastructure 3
agreement, the local government must give the Minister a 4
copy of the proposed structure plan amendment, any local 5
infrastructure agreement and any State infrastructure 6
agreement. 7
`7 Reconsidering proposed structure plan amendment 8
for adverse effects on State interests 9
`(1) On receiving a copy of the proposed structure plan 10
amendment under section 6(2), the Minister must consider 11
whether or not State interests would be adversely affected by 12
the proposed structure plan amendment, any local 13
infrastructure agreement or any State infrastructure 14
agreement. 15
`(2) The Minister must advise the local government, having regard 16
to the Minister's consideration under subsection (1) that it 17
may notify the proposed structure plan amendment, any local 18
infrastructure agreement and any State infrastructure 19
agreement on the conditions the Minister believes appropriate. 20
`(3) Before giving notice of the proposed structure plan 21
amendment, any local infrastructure agreement and any State 22
infrastructure agreement, the local government must comply 23
with any condition imposed by the Minister under subsection 24
(2). 25
`8 Public notice of, and access to, proposed structure 26
plan amendment 27
`(1) If the Minister advises the local government that it may give 28
notice of the proposed structure plan amendment, any local 29
infrastructure agreement and any State infrastructure 30
agreement under section 7(2), the local government must 31
publish, at least once in a newspaper circulating in the local 32
government's area, a notice stating the following-- 33
(a) the name of the local government; 34
s 226 192 s 226
Urban Land Development Authority Bill 2007
(b) the purpose and general effect of the proposed structure 1
plan amendment, any local infrastructure agreement and 2
any State infrastructure agreement; 3
(c) a description of the land or area to which the proposed 4
structure plan amendment, any local infrastructure 5
agreement and any State infrastructure agreement is 6
intended to apply; 7
(d) a contact telephone number for information about the 8
proposed structure plan amendment, any local 9
infrastructure agreement and any State infrastructure 10
agreement; 11
(e) that the proposed structure plan amendment, any local 12
infrastructure agreement and any State infrastructure 13
agreement are available for inspection and purchase; 14
(f) that written submissions about any aspect of the 15
proposed structure plan amendment, any local 16
infrastructure agreement and any State infrastructure 17
agreement may be made to the local government by any 18
person; 19
(g) the period (the consultation period) during which the 20
submissions may be made; 21
(h) the requirements for making a properly made 22
submission under this part. 23
`(2) The consultation period must extend for at least 30 business 24
days after the first publication of the notice under subsection 25
(1). 26
`(3) For all of the consultation period, the local government must 27
display a copy of the notice in a conspicuous place in the local 28
government's public office. 29
`9 Public access to proposed structure plan 30
amendment 31
`For all of the consultation period, the local government must 32
have a copy of the proposed structure plan amendment, any 33
local infrastructure agreement and any State infrastructure 34
agreement available for inspection and purchase. 35
s 226 193 s 226
Urban Land Development Authority Bill 2007
`10 Consideration of submissions 1
`The local government must consider properly made 2
submissions about the proposed structure plan amendment, 3
any local infrastructure agreement and any State infrastructure 4
agreement. 5
`11 Minimum notification requirements for consultation 6
`Sections 8, 9 and 10 state the minimum requirements for 7
notification to the public about the proposed structure plan 8
amendment, any local infrastructure agreement and any State 9
infrastructure agreement, but are not intended to prevent 10
additional notification. 11
`12 Reporting to persons who made submissions about 12
proposed structure plan amendment 13
`(1) This section applies if the local government receives properly 14
made submissions about the proposed structure plan 15
amendment, any local infrastructure agreement and any State 16
infrastructure agreement and proceeds under section 13(1)(a) 17
or the local government does not proceed under section 18
13(1)(b). 19
`(2) The local government must prepare a report explaining in 20
general terms how it has dealt with the submissions received 21
and give to the principal submitter of each properly made 22
submission-- 23
(a) a copy of the report; or 24
(b) a copy of the part of the report relating to the matter 25
about which the submission was made. 26
`Part 4 Adoption stage 27
s 226 194 s 226
Urban Land Development Authority Bill 2007
`13 Decision on proceeding with proposed structure plan 1
amendment 2
`(1) Following notice of the proposed structure plan amendment, 3
any local infrastructure agreement and any State infrastructure 4
agreement under section 7-- 5
(a) the local government must decide whether to-- 6
(i) proceed with the proposed structure plan 7
amendment, any local infrastructure agreement and 8
a report under section 12 about submissions on the 9
proposed amendment (a submissions report); or 10
(ii) decide not to proceed with the proposed structure 11
plan amendment, any local infrastructure 12
agreement and a submissions report; and 13
(b) the coordinating agency must decide whether to-- 14
(i) proceed with the proposed structure plan 15
amendment and any State infrastructure 16
agreement; or 17
(ii) decide not to proceed with the proposed structure 18
plan amendment and any State infrastructure 19
agreement. 20
`(2) If the local government and the coordinating agency decide to 21
proceed as mentioned in subsection (1)(a)(i) and (b)(i), the 22
local government must give the Minister a copy of-- 23
(a) the proposed structure plan amendment; and 24
(b) any local infrastructure agreement; and 25
(c) any State infrastructure agreement; and 26
(d) the submissions report. 27
`14 Reconsidering proposed structure plan amendment 28
for adverse affects on State interests 29
`(1) On receiving the copy of the proposed structure plan 30
amendment under section 13(2), the Minister must consider 31
whether or not State interests would be adversely affected by 32
the proposed structure plan amendment, any local 33
infrastructure agreement and any State infrastructure 34
agreement. 35
s 226 195 s 226
Urban Land Development Authority Bill 2007
`(2) The Minister must advise the local government, having regard 1
to the Minister's consideration under subsection (1) that it 2
may-- 3
(a) adopt the proposed structure plan amendment; or 4
(b) adopt the proposed structure plan amendment, but 5
subject to compliance with conditions the Minister 6
believes appropriate. 7
`(3) Subsection (4) applies if the Minister-- 8
(a) advises the local government under subsection (2); and 9
(b) is satisfied the following are appropriately reflected in 10
the proposed structure plan amendment-- 11
(i) State planning policies or parts of State planning 12
policies; 13
(ii) for a proposed structure plan amendment by a local 14
government in the SEQ region--the regional plan 15
for the SEQ region. 16
`(4) The Minister must also advise the local government that the 17
Minister is satisfied under subsection (3)(b). 18
`(5) Before adopting the proposed structure plan amendment, the 19
local government must-- 20
(a) comply with any condition imposed under subsection 21
(2)(b); and 22
(b) state in the proposed structure plan amendment details 23
of the advice given by the Minister under subsection (4). 24
`15 Adopting proposed structure plan amendment 25
`(1) If a local government proposes a structure plan amendment 26
under section 2, the local government must-- 27
(a) if it has complied with all of the provisions of parts 2 28
and 3 that it must comply with to make a proposed 29
structure plan amendment and has the Minister's advice 30
under section 14(2) that it may adopt the 31
amendment--adopt the proposed structure plan 32
amendment; or 33
s 226 196 s 226
Urban Land Development Authority Bill 2007
(b) decide not to proceed with the proposed structure plan 1
amendment. 2
`(2) If the local government decides not to proceed with the 3
proposed structure plan amendment, it must, as soon as 4
practicable after making the decision publish, at least once in 5
both a newspaper circulating in the local government's area 6
and in the gazette, a notice stating-- 7
(a) the name of the local government; and 8
(b) that the local government has decided not to proceed 9
with the proposed structure plan amendment; and 10
(c) the reasons for the decision. 11
`(3) On the last day the local government publishes the notice, or 12
as soon as practicable after that day, the local government 13
must give the chief executive a copy of the notice. 14
`16 Public notice of adoption of, and access to, structure 15
plan amendment 16
`As soon as practicable after the proposed structure plan 17
amendment has been adopted, the local government must 18
publish, at least once in both a newspaper circulating in the 19
local government's area and in the gazette, a notice stating the 20
following-- 21
(a) the name of the local government; 22
(b) when the proposed structure plan amendment was 23
adopted; 24
(c) the purpose and general effect of the proposed structure 25
plan amendment; 26
(d) that a copy of the proposed structure plan amendment is 27
available for inspection and purchase. 28
`17 Copy of notice and structure plan amendment to 29
chief executive 30
`On the day the local government publishes the notice, or as 31
soon as practicable after that day, the local government must 32
give the chief executive-- 33
s 227 197 s 227
Urban Land Development Authority Bill 2007
(a) a copy of the notice; and 1
(b) 5 certified copies of the proposed structure plan 2
amendment in the form mentioned in section 3
5.9.9(1)(d).'. 4
227 Amendment of sch 8 (Assessable development and 5
self-assessable development) 6
(1) Schedule 8, before part 1 heading-- 7
insert-- 8
`Note-- 9
Section 2.5B.63 modifies the application of this schedule for particular 10
types of development in declared master planned areas.'. 11
(2) Schedule 8, part 1, table 2, item 1-- 12
insert-- 13
`(e) in an urban development area.'. 14
(3) Schedule 8, part 1, table 2, item 5-- 15
insert-- 16
`(e) the land is in an urban development area.'. 17
(4) Schedule 8, part 1, table 2, items 6 and 7, after `premises', 18
first mention-- 19
insert-- 20
`, other than premises in an urban development area,'. 21
(5) Schedule 8, part 1, table 2, items 9 and 10, after `premises'-- 22
insert-- 23
`, other than premises in an urban development area,'. 24
(6) Schedule 8, part 1, table 3, item 1-- 25
insert-- 26
`(k) is in relation to land in an urban development area.'. 27
(7) Schedule 8, part 1, table 4, item 1A-- 28
insert-- 29
`(k) in an urban development area.'. 30
s 227 198 s 227
Urban Land Development Authority Bill 2007
(8) Schedule 8, part 1, table 4, item 1C, after `native vegetation on 1
land'-- 2
insert-- 3
`, other than land in an urban development area,'. 4
(9) Schedule 8, part 1, table 4, item 1D-- 5
insert-- 6
`(i) in an urban development area.'. 7
(10) Schedule 8, part 1, table 4, item 1E-- 8
insert-- 9
`(c) in an urban development area.'. 10
(11) Schedule 8, part 1, table 4, item 1F-- 11
insert-- 12
`(c) in an urban development area.'. 13
(12) Schedule 8, part 1, table 4, item 2, after `lot'-- 14
insert-- 15
`, other than a lot in an urban development area'. 16
(13) Schedule 8, part 1, table 4, item 3, after `kind'-- 17
insert-- 18
`, other than in an urban development area,'. 19
(14) Schedule 8, part 1, table 4, item 5-- 20
insert-- 21
`(c) carried out in an urban development area.'. 22
(15) Schedule 8, part 1, table 4, item 8, after `self-assessable 23
development'-- 24
insert-- 25
`and not in an urban development area'. 26
(16) Schedule 8, part 1, table 4, item 9, after `Operational work'-- 27
insert-- 28
`, other than operational work in an urban development area,'. 29
(17) Schedule 8, part 1, table 5, item 1, after `Water Act 2000'-- 30
s 228 199 s 229
Urban Land Development Authority Bill 2007
insert-- 1
`, other than in an urban development area,'. 2
(18) Schedule 8, part 1, table 5, item 2-- 3
insert-- 4
`(d) in an urban development area.'. 5
(19) Schedule 8, part 2, table 4, item 1, after `kind'-- 6
insert-- 7
`, other than in an urban development area,' 8
(20) Schedule 8, part 2, table 4, item 5, after `local government 9
road', first mention-- 10
insert-- 11
`, other than in an urban development area,'. 12
228 Amendment of sch 9 (Development that is exempt from 13
assessment against a planning scheme) 14
Schedule 9, table 5-- 15
insert-- 16
`Urban development areas
7 All aspects of development for an urban development area.'.
229 Amendment of sch 10 (Dictionary) 17
(1) Schedule 10, definitions applicant's appeal period, assessable 18
development, draft regulatory provisions, regional planning 19
Minister, regulatory provisions, self-assessable development, 20
SEQ region, SEQ regional plan and State infrastructure 21
provider-- 22
omit. 23
(2) Schedule 10-- 24
insert-- 25
`applicant's appeal period, for an appeal-- 26
s 229 200 s 229
Urban Land Development Authority Bill 2007
(a) by an appellant to the court, for a development 1
application--see section 4.1.27(2); or 2
(b) by an appellant to the court, for a master plan 3
application--see section 4.1.30A(2); or 4
(c) by an appellant to a tribunal--see section 4.2.9(2). 5
assessable development-- 6
1 Generally, assessable development means development 7
stated in schedule 8, part 1, other than to the extent that 8
part is modified under section 2.5B.63. 9
2 The term also includes development declared under a 10
State planning regulatory provision to be assessable 11
development. 12
3 For a planning scheme area, the term also includes other 13
development not stated in schedule 8, part 1, but 14
declared to be assessable development under any of the 15
following that applies to the area-- 16
(a) the planning scheme for the area; 17
(b) a temporary local planning instrument; 18
(c) a master plan for a declared master planned area; 19
(d) a preliminary approval to which section 3.1.6 20
applies. 21
certificate of classification see the Building Act 1975, 22
schedule 2. 23
coordinating agency for-- 24
(a) a structure plan for a declared master planned 25
area--means the entity identified as the coordinating 26
agency in the master planned area declaration for the 27
area; or 28
(b) a master plan application--means an entity identified as 29
a coordinating agency in the structure plan for the 30
relevant master planned area or an entity otherwise 31
identified by the Minister as a coordinating agency. 32
coordinating agency assessment period see section 2.5B.37. 33
coordinating agency conditions, for a master plan application 34
or a master plan, see section 2.5B.39(2)(b). 35
s 229 201 s 229
Urban Land Development Authority Bill 2007
declared master planned area see section 2.5B.2(4). 1
designated region see section 2.5A.2(1). 2
local government, for a provision of this Act about a master 3
planned area, means the local government whose local 4
government area includes the area. 5
local infrastructure agreement means an infrastructure 6
agreement entered into by a local government. 7
making a structure plan or master plan includes preparing it. 8
master plan means a master plan approved under section 9
2.5B.42 that is still in force, including a condition included in 10
the plan. 11
master plan application see section 2.5B.21. 12
master planned area means an area identified under section 13
2.5B.2 as a master planned area. 14
master planned area declaration see section 2.5B.2. 15
master planning unit, for a master plan or proposed master 16
plan, means the declared master planned area, or part of the 17
declared master planned area, to which the master plan or 18
proposed master plan applies. 19
negotiated notice, for a master plan application, see section 20
2.5B.46(3). 21
participating agency for-- 22
(a) 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) a master plan application--means an entity identified as 27
a participating agency in the structure plan for the 28
relevant master planned area or an entity otherwise 29
identified by the Minister as a participating agency. 30
Queensland Competition Authority means the Queensland 31
Competition Authority established under the Queensland 32
Competition Authority Act 1997. 33
regional plan see section 2.5A.10. 34
s 229 202 s 229
Urban Land Development Authority Bill 2007
Note-- 1
For the SEQ region, see also chapter 6 (Transitional provisions), part 8 2
(Transitional provisions for Urban Land Development Authority Act 3
2007), division 1 (Provisions for SEQ regional plan). 4
regional planning Minister, for a designated region, means 5
the Minister administering chapter 2, part 5A, 5B or 5C, for 6
the region. 7
regulated State infrastructure charge see section 5.3.3(1)(b). 8
regulated State infrastructure charges notice see section 9
5.3.4(1). 10
regulated State infrastructure charges schedule means a 11
regulated State infrastructure charges schedule made under 12
sections 5.3.2 and 5.3.3. 13
relevant area, for a State planning regulatory provision, see 14
section 2.5C.1. 15
request for information, for a master plan application, see 16
section 2.5B.24(1). 17
self-assessable development-- 18
1 Generally, self-assessable development means 19
development stated in schedule 8, part 2, other than to 20
the extent that part is modified under section 2.5B.63. 21
2 The term also includes development declared under a 22
State planning regulatory provision to be self-assessable 23
development. 24
3 For a planning scheme area, the term also includes other 25
development not stated in schedule 8, part 2, but 26
declared to be self-assessable development under any of 27
the following that applies to the area-- 28
(a) the planning scheme for the area; 29
(b) a temporary local planning instrument; 30
(c) a master plan for a declared master planned area; 31
(d) a preliminary approval to which section 3.1.6 32
applies. 33
SEQ region see section 6.8.1. 34
SEQ regional plan see section 6.8.1. 35
s 229 203 s 229
Urban Land Development Authority Bill 2007
serious environmental harm see the Environmental 1
Protection Act 1994, section 17. 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 planning regulatory provision means-- 11
(a) a State planning regulatory provision made under 12
section 2.5C.1; or 13
(b) a draft State planning regulatory provision that under 14
section 2.5C.12, has effect as a State planning regulatory 15
provision. 16
Note-- 17
See also section 6.8.12 (Transition of validated planning documents to 18
master planning documents). 19
structure plan, for a declared master planned area, means the 20
structure plan for the area, made under chapter 2, part 5B. 21
structure plan amendment, for schedule 1A, see schedule 22
1A, section 2(2). 23
urban development area means an urban development area 24
under the Urban Land Development Authority Act 2007.'. 25
(3) Schedule 10, definition assessing authority, paragraph (f), `the 26
regulatory provisions or draft regulatory provisions apply'-- 27
omit, insert-- 28
`a State planning regulatory provision applies'. 29
(4) Schedule 10, definition code, paragraph (c)-- 30
omit, insert-- 31
`(c) in a master plan for a declared master planned area; or 32
(d) in a preliminary approval to which section 3.1.6 33
applies.'. 34
s 229 204 s 229
Urban Land Development Authority Bill 2007
(5) Schedule 10, definition common material-- 1
insert-- 2
`(c) an infrastructure agreement applicable to the land the 3
subject of the application.'. 4
(6) Schedule 10, definition consultation period, paragraph (f)-- 5
renumber as paragraph (i). 6
(7) Schedule 10, definition consultation period, paragraphs (d) 7
and (e)-- 8
omit, insert-- 9
`(d) for making a regional plan--see section 2.5A.13(2)(e); 10
or 11
(e) for amending a regional plan--means the consultation 12
period under section 2.5A.13(2)(e) as applied under 13
section 2.5A.17; or 14
(f) for making a structure plan for a declared master 15
planned area--see schedule 1A, section 8(1)(g); or 16
(g) for a master plan application--see section 2.5B.28(1)(f); 17
or 18
(h) for making or amending a State planning regulatory 19
provision--see section 2.5C.9(3)(e); or'. 20
(8) Schedule 10, definition deemed refusal-- 21
insert-- 22
`(d) for a master plan application--by the end of the period 23
under section 2.5B.40 for the deciding of the 24
application.'. 25
(9) Schedule 10, definition development infrastructure, paragraph 26
(a)(i), after `flood mitigation)'-- 27
insert-- 28
`, but not urban and rural residential water cycle management 29
infrastructure that is State infrastructure'. 30
(10) Schedule 10, definition development offence, `or 4.3.5A'-- 31
omit, insert-- 32
`4.3.5A or 4.3.5B'. 33
s 229 205 s 229
Urban Land Development Authority Bill 2007
(11) Schedule 10, definition Minister, paragraph (b)-- 1
omit, insert-- 2
`(b) in chapter 2, part 5A, 5B or 5C, or chapter 3, part 6-- 3
(i) generally--the Minister administering the part; or 4
(ii) for a matter the regional planning Minister is 5
satisfied relates to chapter 2, part 5A, 5B or 6
5C--the regional planning Minister for the region; 7
and'. 8
(12) Schedule 10, definition planning instrument, `the SEQ 9
regional plan, draft regulatory provisions'-- 10
omit, insert-- 11
`a designated region's regional plan, a State planning 12
regulatory provision'. 13
(13) Schedule 10, definition properly made submission, paragraph 14
(e)(v) and (vi)-- 15
renumber as paragraph (e)(vi) and (vii). 16
(14) Schedule 10, definition properly made submission, paragraph 17
(e)(iv)-- 18
omit, insert-- 19
`(iv) if the submission is about a designated region's 20
regional plan--to the regional planning Minister 21
for the region; or 22
(v) if the submission is about a master plan 23
application--to the local government; or'. 24
(15) Schedule 10, definition State infrastructure-- 25
insert-- 26
`(e) health infrastructure, including hospitals and associated 27
institutions infrastructure; 28
(f) freight rail infrastructure; 29
(g) State urban and rural residential water cycle 30
management infrastructure, including infrastructure for 31
water supply, sewerage, collecting water, treating water, 32
stream managing, disposing of water and flood 33
mitigation; 34
s 230 206 s 234
Urban Land Development Authority Bill 2007
(h) justice administration facilities, including court or 1
police facilities.'. 2
Part 9 Amendment of Land Act 1994 3
230 Act amended in pt 9 4
This part amends the Land Act 1994. 5
231 Amendment of s 16 (Deciding appropriate tenure) 6
Section 16-- 7
insert-- 8
`(2A) Also, to the extent the land is in an urban development area, 9
the evaluation must take account of, and give primary 10
consideration to, any development scheme or interim land use 11
plan under the Urban Land Development Authority Act 2007 12
that applies to the land.'. 13
232 Amendment of s 33 (Revocation of reserve) 14
Section 33(1)-- 15
insert-- 16
`(d) the reserve or part is in an urban development area.'. 17
233 Amendment of s 38 (Cancelling a deed of grant in trust) 18
Section 38(1)-- 19
insert-- 20
`(e) the land is in an urban development area.'. 21
234 Amendment of s 122 (Deeds of grant of unallocated State 22
land) 23
Section 122(1), after `without competition'-- 24
s 235 207 s 237
Urban Land Development Authority Bill 2007
insert-- 1
`if the grant is to the Urban Land Development Authority or'. 2
235 Amendment of s 290J (Requirements for registration of 3
plan of subdivision) 4
Section 290J-- 5
insert-- 6
`(5) Subsection (6) applies, despite subsection (1), if-- 7
(a) the land the subject of the subdivision is in an urban 8
development area; and 9
(b) the plan of subdivision has been consented to by the 10
Urban Land Development Authority. 11
`(6) The plan must be registered without the consent of the 12
Minister or anyone else whose consent would otherwise have 13
been required for the plan if it otherwise complies with this 14
section.'. 15
236 Amendment of sch 6 (Dictionary) 16
Schedule 6-- 17
insert-- 18
`urban development area means an urban development area 19
under the Urban Land Development Authority Act 2007. 20
Urban Land Development Authority means the Urban Land 21
Development Authority under the Urban Land Development 22
Authority Act 2007.'. 23
Part 10 Amendment of Land Title Act 24
1994 25
237 Act amended in pt 10 26
This part amends the Land Title Act 1994. 27
s 238 208 s 240
Urban Land Development Authority Bill 2007
238 Amendment of s 50 (Requirements for registration of plan 1
of subdivision) 2
(1) Section 50(h) and (i), `local government concerned'-- 3
omit, insert-- 4
`relevant planning body'. 5
(2) Section 50-- 6
insert-- 7
`(3) In this section-- 8
`relevant planning body means-- 9
(a) if the proposed lots are in an urban development 10
area--the Urban Land Development Authority; or 11
(b) otherwise--the relevant local government.'. 12
239 Amendment of s 65 (Requirements of instrument of 13
lease) 14
Section 65(3A), `approved by the local government.'-- 15
omit, insert-- 16
`approved by-- 17
(a) if the lot is in an urban development area--the Urban 18
Land Development Authority; or 19
(b) otherwise--the relevant local government.'. 20
240 Amendment of s 83 (Registration of easement) 21
Section 83(2), `approved by the local government 22
concerned.'-- 23
omit, insert-- 24
`approved by-- 25
(a) if the lot is in an urban development area--the Urban 26
Land Development Authority; or 27
(b) otherwise--the relevant local government.'. 28
s 241 209 s 243
Urban Land Development Authority Bill 2007
241 Amendment of sch 2 (Dictionary) 1
Schedule 2-- 2
insert-- 3
`relevant local government, for a provision about a lot or 4
proposed lot, means each local government in whose area the 5
lot or proposed lot is located. 6
urban development area means an urban development area 7
under the Urban Land Development Authority Act 2007. 8
Urban Land Development Authority means the Urban Land 9
Development Authority under the Urban Land Development 10
Authority Act 2007.'. 11
Part 11 Amendment of Nuclear 12
Facilities Prohibition Act 2007 13
242 Act amended in pt 11 14
This part amends the Nuclear Facilities Prohibition Act 2007. 15
243 Amendment of s 8 (No development approval or mining 16
tenement for a nuclear facility) 17
(1) Section 8(1), `under the Integrated Planning Act 1997'-- 18
omit. 19
(2) Section 8-- 20
insert-- 21
`(4) In this section-- 22
development approval means a development approval under 23
the Integrated Planning Act 1997 or a UDA development 24
approval under the Urban Land Development Authority Act 25
2007.'. 26
s 244 210 s 248
Urban Land Development Authority Bill 2007
Part 12 Amendment of Public Service 1
Act 1996 2
244 Act amended in pt 12 3
This part amends the Public Service Act 1996. 4
245 Amendment of sch 1 (Public service offices and their 5
heads) 6
Schedule 1-- 7
insert-- 8
`12D Urban Land Development The chief executive officer under
Authority under the Urban the Urban Land Development
Land Development Authority Act 2007'.
Authority Act 2007
Part 13 Amendment of Transport 9
Infrastructure Act 1994 10
246 Act amended in pt 13 11
This part amends the Transport Infrastructure Act 1994. 12
247 Amendment of s 49 (Assessment of impacts on 13
State-controlled roads from certain activities) 14
Section 49(1)(b)-- 15
insert-- 16
`(iii) development in an urban development area under 17
the Urban Land Development Authority Act 2007.'. 18
248 Amendment of s 50 (Ancillary works and encroachments) 19
Section 50(7), after `1995'-- 20
s 249 211 s 250
Urban Land Development Authority Bill 2007
insert-- 1
`, the Urban Land Development Authority Act 2007'. 2
Part 14 Amendment of Vegetation 3
Management Act 1999 4
249 Act amended in pt 14 5
This part amends the Vegetation Management Act 1999. 6
250 Amendment of s 22A (Particular vegetation clearing 7
applications may be assessed) 8
Section 22A(2)-- 9
insert-- 10
`(l) in an urban development area under the Urban Land 11
Development Authority Act 2007.'. 12
212
Urban Land Development Authority Bill 2007
Schedule Dictionary 1
section 5 2
affected owner, for an urban development area, means a 3
person who owns land in, or that adjoins, the area. 4
appointed member see section 105(1). 5
appropriately qualified, in relation to a delegated function or 6
power, includes having the qualifications, experience or 7
standing to perform the function or exercise the power. 8
Example of standing-- 9
a person's classification level in the public service 10
approved form means a form approved by the authority under 11
section 145. 12
authority means the Urban Land Development Authority 13
established under section 93. 14
building work see the Integrated Planning Act, section 1.3.5 . 15
by-laws means by-laws made under section 104. 16
call in notice see section 63(1). 17
chairperson means the chairperson of the authority. 18
chief executive officer means the chief executive officer of the 19
authority, appointed under section 120(1). 20
community infrastructure designation means a designation 21
under the Integrated Planning Act, section 2.6.1. 22
conviction includes a finding of guilt or the acceptance of a 23
plea of guilty by a court, whether or not a conviction is 24
recorded. 25
decision notice, for a UDA development application, see 26
section 59(1). 27
declaration regulation see section 7(1). 28
development see section 6(1). 29
development scheme, for an urban development area, or part 30
of an urban development area, is the development scheme for 31
213
Urban Land Development Authority Bill 2007
Schedule (continued)
the area made under section 22, as amended from time to time 1
under part 3, division 2. 2
enforcement order means an order made under part 5, 3
division 1. 4
government entity means an entity, other than a GOC, as 5
defined under the Public Service Act 1996, section 21. 6
information request see section 53(1). 7
infrastructure see the Integrated Planning Act, schedule 10. 8
IPA development application means a development 9
application under the Integrated Planning Act. 10
IPA development approval-- 11
1 An IPA development approval is a development 12
approval under the Integrated Planning Act. 13
2 The term also includes a continuing approval under the 14
Integrated Planning Act, section 6.1.23 that, under that 15
section, has effect as an IPA development approval 16
under paragraph 1. 17
Integrated Planning Act means the Integrated Planning Act 18
1997. 19
interim land use plan, for an urban development area, means 20
the interim land use plan for the area, made under section 8 or 21
9. 22
land use plan-- 23
1 The land use plan for an urban development area is the 24
land use plan included in the development scheme for 25
the area. 26
2 The term does not include any interim land use plan in 27
force for the area. 28
lawful use, of premises, includes-- 29
(a) a use that is generally in accordance with a current 30
rezoning approval given under-- 31
214
Urban Land Development Authority Bill 2007
Schedule (continued)
(i) the repealed Local Government Act 1936, section 1
33(5)(k), to which section 33(5)(m) of that Act 2
also applied; or 3
(ii) the repealed Local Government (Planning and 4
Environment) Act 1990, section 4.5(6), 4.8(6), 5
4.10(6) or 8.10(9A); and 6
(b) a use that is a natural and ordinary consequence of 7
making a material change of use of the premises if the 8
change was lawfully made under this Act or the 9
Integrated Planning Act. 10
lot see the Integrated Planning Act, section 1.3.5. 11
material change of use see the Integrated Planning Act, 12
section 1.3.5. 13
member see section 105(1). 14
Ministerial direction see section 130(1)(a). 15
nominated assessing authority for-- 16
(a) a UDA development condition, means the entity so 17
nominated under section 58(a); or 18
(b) a provision about a UDA development approval, means 19
a nominated assessing authority for a UDA development 20
condition of the approval. 21
notice means a notice in writing. 22
operational work see the Integrated Planning Act, section 23
1.3.5. 24
owner, of land, means the person for the time being entitled to 25
receive the rent for the land or who would be entitled to 26
receive the rent for it if it were let to a tenant at a rent. 27
Planning and Environment Court means the Planning and 28
Environment Court under the Integrated Planning Act. 29
planning instrument means a planning instrument under the 30
Integrated Planning Act. 31
planning scheme means a planning scheme under the 32
Integrated Planning Act, chapter 2, part 1, division 3. 33
215
Urban Land Development Authority Bill 2007
Schedule (continued)
premises means-- 1
(a) a building or other structure; or 2
(b) land, whether or not a building or other structure is 3
situated on the land. 4
reconfiguring a lot see the Integrated Planning Act, section 5
1.3.5. 6
register means a register the authority keeps under section 7
132. 8
relevant development, for a provision of this Act about a 9
UDA development application or an IPA development 10
approval or UDA development approval, means the 11
development, or proposed development, the subject of the 12
application or approval. 13
relevant land for-- 14
(a) a UDA development application, means the land the 15
subject of the application; or 16
(b) a UDA development approval or an IPA development 17
approval, means the land the subject of the approval. 18
relevant local government, for an urban development area, 19
land or a UDA development application, means each local 20
government in whose area the urban development area, the 21
land or the land the subject of the application is located. 22
relevant urban development area, for a provision of this Act 23
about a development scheme, UDA development application 24
or UDA development approval, means the urban development 25
area to which the development scheme, application or 26
approval relates. 27
road means-- 28
(a) an area of land dedicated to public use as a road; or 29
(b) an area that is open to or used by the public and is 30
developed for, or has as 1 of its main uses, the driving or 31
riding of motor vehicles; or 32
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 33
216
Urban Land Development Authority Bill 2007
Schedule (continued)
(d) a pedestrian or bicycle path; or 1
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, 2
viaduct or path mentioned in any of paragraphs (a) to 3
(d). 4
special rate or charge means a special rate or charge levied 5
under section 101. 6
State interest includes-- 7
(a) an interest relating to the purposes of this Act; or 8
(b) an interest that, in the Minister's opinion, affects an 9
economic or environmental interest of the State or a 10
region. 11
structure means anything built or constructed, whether or not 12
attached to land. 13
submission means a written submission. 14
submission period for-- 15
(a) a proposed development scheme--see section 16
25(1)(b)(ii); or 17
(b) a UDA development application--see section 54(4)(d). 18
submitted scheme see section 29(1). 19
UDA assessable development see section 6(2). 20
UDA development application means an application for a 21
UDA development approval. 22
UDA development approval-- 23
1 A UDA development approval is an approval of an 24
application for a UDA development approval contained 25
in a decision notice for the application, that is still in 26
force, and as amended from time to time under section 27
75. 28
2 A reference to a UDA development approval includes a 29
reference to any UDA development condition stated in 30
the approval. 31
UDA development condition see section 55(4)(b). 32
217
Urban Land Development Authority Bill 2007
Schedule (continued)
UDA development offence means an offence against part 4, 1
division 1. 2
UDA exempt development see section 6(4). 3
UDA self-assessable development see section 6(3). 4
urban development area means an area declared under 5
section 7, as the area is amended from time to time. 6
urban purposes means purposes for which land is used in 7
cities or towns, including residential, industrial, sporting, 8
recreation and commercial purposes. 9
use, of premises, includes any ancillary use of the premises. 10
work, without reference to a specific type of work, means-- 11
(a) building work; or 12
(b) operational work; or 13
(c) plumbing work or drainage work as defined under the 14
Plumbing and Drainage Act 2002, schedule. 15
© State of Queensland 2007
AMENDMENTS TO BILL
1
Urban Land Development Authority Bill 2007
Urban Land Development Authority Bill
2007
Amendments agreed to during Consideration
1 Clause 75 (Application to change UDA development
approval)--
At page 51, lines 4 and 5, `having an interest in the relevant
land for a UDA development approval'--
omit.
2 Clause 75 (Application to change UDA development
approval)--
At page 51, line 6, `the approval'--
omit, insert--
`a UDA development approval'.
3 Clause 75 (Application to change UDA development
approval)--
At page 51, after line 21--
insert--
`(5) If the person is not the owner of the relevant land for the UDA
development approval, the amendment application must be
accompanied by the owner's consent.'.
4 After clause 146--
At page 85, after line 30--
insert--
`Part 7A Amendment of Body Corporate
and Community Management
Act 1997
2
Urban Land Development Authority Bill 2007
`146A Act amended in pt 7A
`This part amends the Body Corporate and Community
Management Act 1997.
`146B Amendment of s 29 (Notice about change of scheme
being developed progressively)
`Section 29(3), `under the Planning Act'--
omit.
`146C Amendment of s 57 (Other matters about new statements
for schemes developed progressively)
`(1) Section 57(4), `the development approval or'--
omit, insert--
`a development approval or the'.
`(2) Section 57(7)(b), `the development approval'--
omit, insert--
`each development approval'.
`(3) Section 57(7)(c), `has'--
omit, insert--
`or the urban land development authority has, under section
60,'.
`146D Replacement of s 60 (Local government community
management statement notation)
`Section 60--
omit, insert--
`60 Community management statement notation
`(1) Subject to subsection (6), a community management
statement proposed to be recorded for a community titles
scheme may be recorded only if each relevant planning body
for the scheme has endorsed on the statement a certificate (a
community management statement notation).
3
Urban Land Development Authority Bill 2007
`(2) In a community management statement notation a relevant
planning body for a community titles scheme states only that
it has noted the community management statement.
`(3) Subject to subsection (4), a relevant planning body must
endorse a community management statement notation on the
proposed community management statement.
`(4) For a community titles scheme intended to be developed
progressively, a relevant planning body for the scheme is not
required to endorse a community management statement
notation on the proposed community management statement
if there is an inconsistency between a provision of the
statement and--
(a) if the relevant planning body is a local government--a
lawful requirement of, or an approval given by, the local
government under the Integrated Planning Act 1997; or
(b) if the relevant planning body is the urban land
development authority--a lawful requirement of, or an
approval given by--
(i) a local government under the Integrated Planning
Act 1997; or
(ii) the urban land development authority under the
Urban Land Development Authority Act 2007; or
(c) the planning instrument of the relevant planning body;
or
(d) a lawful requirement of, or an approval given by, the
relevant planning body under the planning instrument of
the relevant planning body.
Example for subsection (4)--
A relevant planning body that is a local government would be expected
to refuse to endorse a proposed community management statement with
a community management statement notation if the statement envisages
development of part of the scheme land in a way prohibited under its
planning instrument. However, the relevant planning body would be
expected to endorse the proposed statement with a community
management statement notation if the proposed community
management statement acknowledges that development of the part of
the land in the way proposed will proceed only if and when a suitable
amendment of the planning instrument is made.
4
Urban Land Development Authority Bill 2007
`(5) For subsection (4), a provision of the statement is not
inconsistent with a planning instrument only because--
(a) the planning instrument allows a person to do an act or
engage in an activity in the area in which the community
titles scheme is established; and
(b) the provision requires the person to obtain the body
corporate's permission before doing the act or engaging
in the activity on scheme land.
`(6) Despite subsection (1), a new community management
statement may be recorded without the endorsement on it of
any community management statement notation that is
otherwise required if--
(a) there is no difference between the existing statement for
the scheme and the new statement for any issue that a
relevant planning body for the scheme could have regard
to for identifying an inconsistency mentioned in
subsection (4); or
Example for paragraph (a)--
The new statement includes an interest schedule that is different
from the interest schedule included in the existing statement, but
there is otherwise no difference between the 2 statements.
(b) any difference between the statements is limited to
changes to reflect--
(i) a lot entitlement adjustment agreed to under
section 50; or
(ii) a formal acquisition affecting the scheme; or
(iii) a change in a services location diagram for the
scheme; or
(iv) the incorporation of a lot with common property,
or conversion of lessee common property to a lot,
under section 40.
`(7) If a relevant planning body for the scheme does not endorse a
community management statement notation within 40 days
after the community management statement is submitted for
endorsement under this section, or refuses to endorse the
notation--
5
Urban Land Development Authority Bill 2007
(a) the person who submitted the community management
statement for endorsement of the notation may appeal to
the Planning and Environment Court under the
Integrated Planning Act 1997; and
(b) the court is required to hear and decide the appeal.
`(8) For an appeal under subsection (7)--
(a) the relevant planning body is the respondent; and
(b) the Integrated Planning Act 1997, chapter 4, part 1,
divisions 10 to 12 apply, with necessary changes, as if--
(i) the appeal were an appeal mentioned in the
divisions; and
(ii) the relevant planning body were the only other
party to the appeal; and
(c) the appellant must give the relevant planning body the
written notice of the appeal under the divisions within
10 business days after starting the appeal.
`(9) In this section--
planning instrument, of a relevant planning body, means--
(a) if the body is a local government--
(i) its planning scheme under the Integrated Planning
Act 1997; or
(ii) an instrument of the local government having
effect as if it were a planning scheme of the local
government; or
(b) if the body is the urban land development authority--an
interim land use plan or development scheme under the
Urban Land Development Authority Act 2007.
relevant planning body, for a community titles scheme,
means--
(a) to the extent scheme land is or is proposed to be located
in an urban development area--the urban land
development authority; and
(b) to the extent scheme land is or is proposed to be located
in a local government area but not in an urban
6
Urban Land Development Authority Bill 2007
development area--the local government for the local
government area.'.
`146E Amendment of s 61 (Giving copy of community
management statement to local government)
`(1) Section 61, heading, `to local government'--
omit.
`(2) Section 61(1), `either'--
omit, insert--
`any'.
`(3) Section 61(1)--
insert--
`(c) a community management statement that, under section
60, is endorsed with a community management
statement notation by the urban land development
authority.'.
`(4) Section 61(2)--
omit, insert--
`(2) The body corporate must give a copy of the statement to--
(a) each local government in whose local government area
scheme land is located; and
(b) if any scheme land is in an urban development area and
the urban land development authority has not endorsed
the statement under section 60--the authority.'.
`146F Amendment of s 78 (Termination of schemes)
`Section 78(6)--
insert--
`(c) if any scheme land is in an urban development area, the
urban land development authority.'.
7
Urban Land Development Authority Bill 2007
`146G Amendment of s 80 (Effect of termination on accrued
charge, levy, rate or tax)
`Section 80(1)(b), after `Local Government Act 1993'--
insert--
`, the Urban Land Development Authority Act 2007'.
`146H Amendment of s 180 (Limitations for by-laws)
`Section 180(2), after `local law'--
insert--
`or UDA by-law'.
`146I Amendment of section 196 (Utility services not
separately charged for)
`(1) Section 196(7), `Subsections (8) and (9)'--
omit, insert--
`Subsections (8), (9) and (10)'.
`(2) Section 196(9) to (11)--
renumber as section 196(10), (12) and (13) respectively.
`(3) Section 196--
insert--
`(9) If the utility service provider is the urban land development
authority, the unpaid amount becomes a special rate or charge
under the Urban Land Development Authority Act 2007 that is
payable proportionately by each lot owner according to the
contribution schedule lot entitlement for the lot.'.
`(4) Section 196(10), as renumbered, after `local government'--
insert--
`or the urban land development authority'.
`(5) Section 196--
insert--
`(11) For applying the Urban Land Development Authority Act
2007, section 127 for the purposes of subsection (9), the
8
Urban Land Development Authority Bill 2007
reference in the section to the land is taken to be a reference to
each lot.'.
`(6) Section 196(12), as renumbered, `Subsection (9)'--
omit, insert--
`Subsection (10)'.
`146J Amendment of s 197 (Registering charge on land under
this Act)
`Section 197(1) and (2), `section 196(9)(b)'--
omit, insert--
`section 196(10)(b)'.
`146K Amendment of s 198 (Effect of scheme change on liability
for charges etc.)
Section 198--
insert--
`(4) Also, this section does not apply to an amount owing to the
urban land development authority to the extent this section is
inconsistent with the Urban Land Development Authority Act
2007.'.
`146L Amendment of s 313 (Representation in planning
proceedings)
`Section 313(1), `Planning Act'--
omit, insert--
`Integrated Planning Act 1997'.
`146M Amendment of sch 4 (By-laws)
`Schedule 4, section 10(2)(a)--
omit, insert--
`(a) comply with all of the following laws about the disposal
of garbage--
9
Urban Land Development Authority Bill 2007
(i) if the lot is in an urban development area--UDA
by-laws, and any local laws that apply;
(ii) if the lot is not in an urban development
area--local laws; and'.
`146N Amendment of sch 6 (Dictionary)
`(1) Schedule 6, definitions development approval, Planning Act
and planning scheme--
omit.
`(2) Schedule 6--
insert--
`development approval means--
(a) a development approval under the Integrated Planning
Act 1997; or
(b) a UDA development approval under the Urban Land
Development Authority Act 2007.
UDA by-law means a by-law made by the urban land
development authority.
urban development area means an urban development area
under the Urban Land Development Authority Act 2007.
urban land development authority means the Urban Land
Development Authority under the Urban Land Development
Authority Act 2007.'.'.
5 Clause 154 (Replacement of ch 2, pt 5A)--
At page 139, line 12, `section 5.3.8'--
omit, insert--
`section 5.2.3'.
6 Clause 200 (Amendment of s 5.2.3 (Matters certain
infrastructure agreements must contain)--
At page 167, line 30, `may'--
omit.
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