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Queensland
INTEGRATED PLANNING
AND OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
INTEGRATED PLANNING AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--AMENDMENT OF INTEGRATED PLANNING ACT 1997
Division 1--Preliminary
3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Amendments for designations
4 Replacement of ss 2.6.72.6.9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2.6.7 Matters the Minister must consider before designating land . 15
2.6.8 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.6.9 Procedures if designation does not proceed. . . . . . . . . . . . . . . . . . . . 17
5 Amendment of s 5.7.6 (Documents chief executive must keep
available for inspection and purchase) ......................... 17
6 Insertion of new ch 6, pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Transitional provisions for designation
6.2.4 Designation processes continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Omission of schs 6 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Amendments for infrastructure
9 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . . . . . . . . . 18
10 Replacement of s 2.1.24 (Infrastructure intentions in local planning
instruments not binding) .................................. 19
2.1.24 Infrastructure intentions in local planning instruments not binding . 19
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11 Replacement of s 2.2.5 (Local government must review benchmark
development sequence annually) ............................. 19
2.2.5 Local government must review its priority infrastructure plan
every 4 years ....................................... 19
12 Amendment of s 2.6.6 (How infrastructure charges apply to designated land) 20
13 Amendment of s 2.6.12 (Designation of land by local governments). . . . . . 20
14 Insertion of new s 3.2.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.2.4 Acknowledgment notices for development inconsistent with priority
infrastructure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . 21
17 Amendment of s 3.5.17 (Changing conditions and other matters during the
applicant's appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Amendment of s 3.5.32 (Conditions that can not be imposed) . . . . . . . . . . . 22
19 Omission of ss 3.5.35 and 3.5.36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Amendment of s 4.1.21 (Court may make declarations). . . . . . . . . . . . . . . . 23
21 Insertion of new s 4.1.36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
4.1.36 Appeals about infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Replacement of ch 5, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 1--INFRASTRUCTURE PLANNING AND FUNDING
Division 1--Preliminary
5.1.1 Purpose of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Non-trunk infrastructure
5.1.2 Conditions local governments may impose for non-trunk
infrastructure ...................................... 24
Division 3--Trunk infrastructure
5.1.3 Priority infrastructure plans for trunk infrastructure . . . . . . . . . . . . . 25
5.1.4 Funding trunk infrastructure for certain local governments . . . . . . . 25
Division 4--Trunk infrastructure funding under an infrastructure
charges schedule
5.1.5 Making or amending infrastructure charges schedules . . . . . . . . . . . 25
5.1.6 Key elements of an infrastructure charges schedule . . . . . . . . . . . . . 26
5.1.7 Infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5.1.8 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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5.1.9 When infrastructure charges are payable. . . . . . . . . . . . . . . . . . . . . . 28
5.1.10 Application of infrastructure charges. . . . . . . . . . . . . . . . . . . . . . . . . 28
5.1.11 Accounting for infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . 29
5.1.12 Agreements about, and alternatives to, paying infrastructure charges 29
5.1.13 Local government may supply different trunk infrastructure from
that identified in a priority infrastructure plan ............ 30
5.1.14 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . . . . 30
Division 5--Trunk infrastructure funding under a regulated infrastructure
charges schedule
5.1.15 Regulated infrastructure charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.1.16 Adopting and notifying regulated infrastructure charges schedule . . 31
5.1.17 Regulated infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
5.1.18 Regulated infrastructure charges notice. . . . . . . . . . . . . . . . . . . . . . . 32
5.1.19 When regulated infrastructure charges are payable . . . . . . . . . . . . . . 33
5.1.20 Application of regulated infrastructure charges. . . . . . . . . . . . . . . . . 33
5.1.21 Accounting for regulated infrastructure charges . . . . . . . . . . . . . . . . 33
5.1.22 Agreements about, and alternatives to, paying regulated
infrastructure charges ............................... 34
5.1.23 Regulated infrastructure charges taken to be a rate . . . . . . . . . . . . . . 34
Division 6--Conditions local governments may impose for necessary
trunk infrastructure
5.1.24 Conditions local governments may impose for necessary trunk
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 7--Conditions local governments may impose for additional
trunk infrastructure costs
5.1.25 Conditions local governments may impose for additional trunk
infrastructure costs ................................... 36
5.1.26 Local government additional trunk infrastructure costs in priority
infrastructure areas ................................. 38
5.1.27 Local government additional trunk infrastructure costs outside
priority infrastructure areas ........................... 39
Division 8--Conditions State infrastructure providers may impose for
infrastructure
5.1.28 Conditions State infrastructure provider may impose . . . . . . . . . . . . 40
5.1.29 Requirements for conditions about safety or efficiency. . . . . . . . . . . 41
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5.1.30 Requirements for conditions about additional infrastructure costs 42
5.1.31 State infrastructure provider additional infrastructure costs in
priority infrastructure areas ........................... 43
5.1.32 State infrastructure provider additional infrastructure costs
outside priority infrastructure areas .................... 44
Division 9--Miscellaneous
5.1.33 Agreements for infrastructure partnerships . . . . . . . . . . . . . . . . . . . . 45
5.1.34 Sale of certain land held on trust by local governments . . . . . . . . . . 45
23 Amendment of s 5.2.1 (Meaning of "infrastructure agreement") . . . . . . . . . 46
24 Omission of s 5.2.2 (Agreements may be entered into about infrastructure) 47
25 Amendment of s 5.2.7 (Infrastructure agreements prevail if inconsistent
with development approval) ................................ 47
26 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2
and 5.4.3) ............................................... 47
27 Amendment of s 5.7.2 (Documents local government must keep
available for inspection and purchase) ......................... 47
28 Replacement of s 5.7.9 (Limited planning and development certificates) 48
5.7.9 Limited planning and development certificates . . . . . . . . . . . . . . . . . 48
29 Amendment of s 5.7.10 (Standard planning and development certificates) 49
30 Amendment of s 6.1.31 (Conditions about infrastructure for applications) . 49
31 Replacement of s 6.1.45 (Infrastructure agreements) . . . . . . . . . . . . . . . . . . 50
6.1.45 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
32 Insertion of new ch 6, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3--Transitional provisions for infrastructure
6.2.5 Transitional provisions for infrastructure charges plans . . . . . . . . . . 51
6.2.6 When planning schemes do not require priority infrastructure plans 52
6.2.7 Priority infrastructure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
6.2.8 Infrastructure charges schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
6.2.9 Reduction of charge for infrastructure supplied under conditions. . . 53
6.2.10 Appeals about infrastructure contribution conditions imposed under
planning scheme policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
33 Amendment of sch 1 (Process for making or amending planning schemes) 54
34 Amendment of sch 5 (Community infrastructure) . . . . . . . . . . . . . . . . . . . . 54
35 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Division 4--Other amendments
36 Amendment of s 1.3.5 (Definitions for terms used in "development"). . . . . 58
37 Replacement of ch 1, pt 4 (Uses and rights) . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 4--EXISTING USES AND RIGHTS PROTECTED
1.4.1 Lawful uses of premises on 30 March 1998 . . . . . . . . . . . . . . . . . . . 59
1.4.2 Lawful uses of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . . . 59
1.4.3 Lawfully constructed buildings and works protected . . . . . . . . . . . . 60
1.4.4 New planning instruments can not affect existing development
approvals ......................................... 60
1.4.5 Implied and uncommenced right to use premises protected . . . . . . . 60
1.4.6 Strategic port land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1.4.7 State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
1.4.8 Sch 8 may still apply to certain development . . . . . . . . . . . . . . . . . . 61
38 Amendment of s 2.1.2 (Area to which planning schemes apply) . . . . . . . . . 61
39 Replacement of s 2.1.16 (Meaning of "planning scheme policy") . . . . . . . . 62
2.1.16 Meaning of "planning scheme policy" . . . . . . . . . . . . . . . . . . . . . . . 62
40 Amendment of s 2.1.18 (Adopting planning scheme policies in planning
schemes) ............................................... 62
41 Amendment of s 2.1.23 (Local planning instruments have force of law) . . . 62
42 Replacement of s 2.1.25 (Covenants not to be inconsistent with planning
schemes) ............................................... 63
2.1.25 Covenants not to conflict with planning schemes . . . . . . . . . . . . . . . 63
43 Amendment of s 2.4.6 (Repealing State planning policies) . . . . . . . . . . . . . 63
44 Amendment of s 3.1.2 (Development under this Act). . . . . . . . . . . . . . . . . . 63
45 Amendment of s 3.1.5 (Approvals under this Act) . . . . . . . . . . . . . . . . . . . . 64
46 Replacement of s 3.1.6 (Preliminary approval may override local planning
instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
3.1.6 Preliminary approval may override a local planning instrument . . . . 64
47 Replacement of ss 3.1.7 and 3.1.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3.1.7 Assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3.1.7A Concurrence agencies if Minister decides assessment manager . . . . 66
3.1.8 Referral agencies for development applications . . . . . . . . . . . . . . . . 67
48 Insertion of new ss 3.1.10 and 3.1.11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
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3.1.10 Self-assessable development and codes. . . . . . . . . . . . . . . . . . . . . . . 67
3.1.11 Native Title Act (Cwlth). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
49 Replacement of s 3.2.1 (Applying for development approval) . . . . . . . . . . . 67
3.2.1 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . . . 68
50 Replacement of s 3.2.8 (Public scrutiny of applications) . . . . . . . . . . . . . . . 70
3.2.8 Public scrutiny of applications and related material . . . . . . . . . . . . . 70
51 Replacement of s 3.2.11 (Withdrawing an application) . . . . . . . . . . . . . . . . 70
3.2.11 Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
52 Amendment of s 3.2.12 (Applications lapse in certain circumstances) . . . . 71
53 Amendment of s 3.3.4 (Applicant advises assessment manager) . . . . . . . . . 71
54 Replacement of s 3.3.5 (Referral coordination) . . . . . . . . . . . . . . . . . . . . . . 71
3.3.5 Referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
55 Amendment of s 3.3.7 (Information requests to applicant (referral
coordination)) ............................................. 73
56 Amendment of s 3.3.14 (Referral agency assessment period) . . . . . . . . . . . 73
57 Amendment of s 3.3.15 (Referral agency assesses application) . . . . . . . . . . 73
58 Amendment of s 3.3.18 (Concurrence agency's response powers). . . . . . . . 73
59 Replacement of s 3.3.19 (Advice agency's response powers). . . . . . . . . . . . 74
3.3.19 Advice agency's response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
60 Replacement of s 3.4.2 (When notification stage applies) . . . . . . . . . . . . . . 74
3.4.2 When the notification stage applies . . . . . . . . . . . . . . . . . . . . . . . . . . 74
61 Amendment of s 3.4.5 (Notification period for applications) . . . . . . . . . . . . 75
62 Insertion of new s 3.5.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
3.5.3A When assessment manager must not assess part of an application . . 75
63 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . 76
64 Insertion of new s 3.5.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
3.5.5A Assessment for s 3.1.6 preliminary approvals that override a local
planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
65 Replacement of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . . . . . . . . 77
3.5.11 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
66 Replacement of s 3.5.13 (Decision if application requires code assessment) 78
3.5.13 Decision if application requires code assessment . . . . . . . . . . . . . . . 78
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67 Amendment of s 3.5.14 (Decision if application requires impact assessment) 78
68 Insertion of new s 3.5.14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
3.5.14A Decision if application under s 3.1.6 requires assessment . . . . . . . 79
69 Amendment of s 3.5.15 (Decision notice). . . . . . . . . . . . . . . . . . . . . . . . . . . 79
70 Replacement of s 3.5.19 (When approval takes effect) . . . . . . . . . . . . . . . . . 80
3.5.19 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
71 Replacement of s 3.5.27 (Certain approvals to be recorded on planning
scheme) .................................................. 81
3.5.27 Certain approvals to be recorded on planning scheme . . . . . . . . . . . 81
72 Insertion of new s 3.5.31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
3.5.31A Conditions requiring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 82
73 Amendment of s 3.5.37 (Covenants not to be inconsistent with
development approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
74 Replacement of s 3.6.2 (Notice of direction) . . . . . . . . . . . . . . . . . . . . . . . . 82
3.6.2 Notice of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
75 Amendment of s 3.7.4 (Plan for reconfiguring that is not assessable
development) .............................................. 83
76 Amendment of s 4.1.22 (Court may make orders about declarations) . . . . . 83
77 Replacement of s 4.1.28 (Appeals by submitters). . . . . . . . . . . . . . . . . . . . . 83
4.1.28 Appeals by submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
78 Amendment of s 4.1.29 (Appeals by advice agency submitters) . . . . . . . . . 84
79 Omission of s 4.1.40 (Certain appellants must obtain information about
submitters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
80 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8)) . . . . . . . 85
4.1.41 Notice of appeal to other parties (div 8) . . . . . . . . . . . . . . . . . . . . . . 85
81 Replacement of s 4.1.43 (Respondent and co-respondents for appeals
under div 8) ............................................. 86
4.1.43 Respondent and co-respondents for appeals under div 8. . . . . . . . . . 86
82 Replacement of s 4.1.45 (How a person may elect to be co-respondent) . . . 87
4.1.45 How an entity may elect to be a co-respondent . . . . . . . . . . . . . . . . . 87
83 Amendment of s 4.3.1 (Carrying out assessable development without permit) 87
84 Amendment of s 4.3.6 (Development or use carried out in emergency). . . . 88
85 Amendment of s 4.3.11 (Giving enforcement notice). . . . . . . . . . . . . . . . . . 88
86 Replacement of s 4.3.15 (Compliance with enforcement notice) . . . . . . . . . 88
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4.3.15 Offences relating to enforcement notices . . . . . . . . . . . . . . . . . . . . . 88
87 Replacement of s 4.3.16 (Processing application required by enforcement
notice) ................................................... 88
4.3.16 Processing application required by enforcement or show cause notice 89
88 Insertion of new ch 4, pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 4--Appeals about other matters
4.4.15 Appeals for compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . 89
89 Amendment of s 5.3.5 (Private certifier may decide certain development
applications and inspect and certify certain works) . . . . . . . . . . . . . . . . . . . 90
90 Amendment of s 5.4.2 (Compensation for reduced value of interest in land) 91
91 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) 91
92 Amendment of s 5.7.2 (Documents local government must keep
available for inspection and purchase) ......................... 92
93 Amendment of s 5.7.6 (Documents chief executive must keep
available for inspection and purchase) ......................... 92
94 Insertion of new ch 5, pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
PART 7A--ENVIRONMENTAL IMPACT STATEMENTS
Division 1--Preliminary
5.7A.1 When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
5.7A.2 Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 2--EIS process
5.7A.3 Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
5.7A.4 Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
5.7A.5 Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
5.7A.6 Preparation of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
5.7A.7 Public notification of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
5.7A.8 Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
5.7A.9 Chief executive evaluates draft EIS, submissions and other
relevant material ..................................... 99
5.7A.10 EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
5.7A.11 Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
5.7A.12 Required content of report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
5.7A.13 Who the chief executive must give EIS and other material to. . . . . 101
Division 3--How EIS process affects IDAS
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5.7A.14 How IDAS applies for development the subject of an EIS . . . . . . . 101
Division 4--How EIS process affects designation
5.7A.15 Matters a designator must consider . . . . . . . . . . . . . . . . . . . . . . . . . 102
95 Amendment of s 5.8.8 (Chief executive may issue guidelines) . . . . . . . . . . 102
96 Amendment of ch 6 (Savings and transitionals, repeals and
consequential amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
97 Amendment of s 6.1.20 (Planning scheme policies for infrastructure). . . . . 103
98 Amendment of s 6.1.24 (Certain conditions attach to land) . . . . . . . . . . . . . 103
99 Amendment of s 6.1.26 (Effect of commencement on certain
applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
100 Amendment of s 6.1.30 (Deciding applications (other than under the
Standard Building Regulation)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
101 Insertion of new s 6.1.35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
6.1.35A Applications to change conditions of rezoning approvals under
repealed Act ....................................... 105
102 Replacement of s 6.1.35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
6.1.35C Future effect of approvals for applications mentioned in s 3.1.6. . . 106
103 Insertion of new s 6.1.45AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
6.1.45AA Rezoning agreements under previous Acts. . . . . . . . . . . . . . . . . . 106
104 Amendment of s 6.1.45A (Development control plans under repealed Act) 107
105 Amendment of s 6.1.54 (Provisions applying for State-controlled roads) . . 108
106 Replacement of ch 6, pt 2 (Repeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
PART 2--TRANSITIONAL PROVISIONS FOR INTEGRATED
PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003
Division 1--Transitional provisions generally
6.2.1 Transitional regulations for Integrated Planning and Other
Legislation Amendment Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
6.2.2 Particular planning scheme policies still valid. . . . . . . . . . . . . . . . . . 109
107 Insertion of new s 6.2.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
6.2.3 When s 3.5.31A applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
108 Amendment of sch 4 (Process for making or amending State planning
policies) ................................................ 110
10 Copies of State planning policies to local governments . . . . . . . . . . 110
109 Replacement of sch 8 (Assessable, self-assessable and exempt development) 110
10
Integrated Planning and Other Legislation
Amendment Bill 2003
SCHEDULE 8
PART 1--ASSESSABLE DEVELOPMENT
PART 2--SELFASSESSABLE DEVELOPMENT
SCHEDULE 8A
ASSESSMENT MANAGER FOR DEVELOPMENT APPLICATIONS
SCHEDULE 9
DEVELOPMENT THAT IS EXEMPT FROM ASSESSMENT AGAINST A
PLANNING SCHEME
110 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
111 Act repealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
PART 3--AMENDMENT OF BUILDING ACT 1975
112 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
113 Omission of s 46A (Fees for statutory functions) . . . . . . . . . . . . . . . . . . . . . 139
PART 4--AMENDMENT OF COASTAL PROTECTION AND
MANAGEMENT ACT 1995
114 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
115 Amendment of s 43B (Relationship of coastal plans with Integrated
Planning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
PART 5--AMENDMENT OF COASTAL PROTECTION AND
MANAGEMENT AND OTHER LEGISLATION AMENDMENT
ACT 2001
116 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
117 Amendment of s 15 (Insertion of new ch 2, pt 3, div 4, and pts 47) . . . . . . 140
118 Amendment of s 19 (Insertion of new ch 6, pt 2) . . . . . . . . . . . . . . . . . . . . . 141
Division 7--Coastal management plans under Beach Protection Act
121 Transition of coastal management plans . . . . . . . . . . . . . . . . . . . . . . 141
119 Amendment of s 21 (Amendment of sch 8 (Assessable, self-assessable
and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
120 Amendment of sch (Minor amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
PART 6--AMENDMENT OF LAND SALES ACT 1984
121 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
122 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
123 Amendment of s 8 (Restriction on selling) . . . . . . . . . . . . . . . . . . . . . . . . . . 143
124 Amendment of s 9 (Identification of land) . . . . . . . . . . . . . . . . . . . . . . . . . . 144
11
Integrated Planning and Other Legislation
Amendment Bill 2003
125 Amendment of s 10A (Purchaser must be given registrable instrument of
transfer and other documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 7--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
126 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
127 Amendment of s 854 (Local laws and subordinate local laws about
development) .............................................. 144
128 Insertion of new s 919A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
919A Assessment of impacts on roads from certain activities . . . . . . . . . . 145
129 Amendment of s 1071A (Power to fix regulatory fees) . . . . . . . . . . . . . . . . 146
130 Amendment of s 1071E (Register of regulatory fees). . . . . . . . . . . . . . . . . . 146
131 Insertion of new ch 19, pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
PART 9--TRANSITIONAL PROVISION FOR INTEGRATED
PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003
1272 Continuation of former fees fixed by local laws or resolutions 147
PART 8-- AMENDMENT OF PLUMBING AND DRAINAGE
ACT 2002
132 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
133 Insertion of new s 86A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
86A Process for assessing certain regulated work in remote areas . . . . . . 148
134 Amendment of s 87 (Minor work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
135 Amendment of s 90 (Standard Plumbing and Drainage Regulation may
prescribe additional requirements and actions) . . . . . . . . . . . . . . . . . . . . . . . 149
136 Amendment of s 161 (Amendment of s 3 (Definitions)). . . . . . . . . . . . . . . . 150
137 Amendment of s 187 (Replacement of ss 40 and 41) . . . . . . . . . . . . . . . . . . 150
138 Omission of s 189 (Amendment of s 46A (Fees for statutory functions)) . . 150
139 Amendment of s 196 (Insertion of new s 4.2.12A) . . . . . . . . . . . . . . . . . . . . 150
140 Replacement of s 198 (Amendment of s 5.3.5 (Private certifier may
decide certain development applications and inspect and certify certain
works)) ................................................... 150
198 Amendment of s 5.3.5 (Private certifier may decide certain
development applications and inspect and certify certain works) . . . 151
141 Omission of s 199 (Amendment of sch 8 (Assessable, self-assessable
and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
142 Amendment of s 207 (Amendment of s 5.3.5 (Private certifier may decide
certain development applications and inspect and certify certain works)) . . 151
12
Integrated Planning and Other Legislation
Amendment Bill 2003
143 Omission of pt 13 (Amendment of Integrated Planning and Other
Legislation Amendment Act 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
PART 9--AMENDMENT OF QUEENSLAND INTERNATIONAL
TOURIST CENTRE AGREEMENT ACT REPEAL ACT 1989
144 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
145 Omission of pt 2 (Repeal of act and validation of uses) . . . . . . . . . . . . . . . . 152
PART 10--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
146 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
147 Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
46A Assessment of impacts on State-controlled roads from certain
activities ......................................... 152
PART 11--AMENDMENT OF VEGETATION MANAGEMENT
ACT 1999
148 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
149 Amendment of s 21 (Modifying effect on development applications) . . . . . 153
PART 12--AMENDMENT OF WATER ACT 2000
150 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
151 Amendment of s 967 (IPA approval for development is subject to
approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 155
MINOR AMENDMENTS OF INTEGRATED PLANNING ACT 1997
2003
A BILL
FOR
An Act to amend legislation about integrated planning, and for other
purposes
s1 14 s2
Integrated Planning and Other Legislation
Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Integrated Planning and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) Section 98 is taken to have commenced on 30 March 1998. 7
(2) Section 101 is taken to have commenced on 31 March 2003. 8
(3) The following provisions commence on assent-- 9
(a) sections 3, 18(2), 30, 31, 37, 39 to 43, 48, 51, 52, 61, 73, 75, 76, 10
83 to 87, 89(1) and (2), 90 to 92, 95 to 97, 99, 100, 103 to 106, 11
108, 110(2) and (4) and 111; 12
(b) part 5; 13
(c) part 6; 14
(d) sections 126 to 128; 15
(e) part 8; 16
(f) part 10; 17
(g) schedule, amendments 1 to 4, 6 to 10, 14 to 18. 18
(4) The remaining provisions of this Act commence on a day to be fixed 19
by proclamation. 20
s3 15 s4
Integrated Planning and Other Legislation
Amendment Bill 2003
PART 2--AMENDMENT OF INTEGRATED PLANNING 1
ACT 1997 2
Division 1--Preliminary 3
3 Act amended in pt 2 and schedule
Clause 4
This part and the schedule amend the Integrated Planning Act 1997. 5
Division 2--Amendments for designations 6
4 Replacement of ss 2.6.72.6.9
Clause 7
Sections 2.6.7 to 2.6.9-- 8
omit, insert-- 9
`2.6.7 Matters the Minister must consider before designating 10
land 11
`(1) Before designating land, the Minister must be satisfied that, for the 12
development, the subject of the proposed designation-- 13
(a) adequate environmental assessment has been carried out; and 14
(b) in carrying out environmental assessment under paragraph (a), 15
there was adequate public consultation; and 16
(c) adequate account has been taken of issues raised during the 17
public consultation. 18
`(2) The Minister must also consider-- 19
(a) every properly made submission under subsection (4); and 20
(b) each relevant planning scheme; and 21
(c) each relevant State planning policy. 22
`(3) For subsection (1), there has been adequate environmental 23
assessment and public consultation in carrying out environmental 24
assessment if-- 25
s4 16 s4
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) the assessment and consultation has been carried out as required 1
by guidelines made by the chief executive under section 5.8.8 for 2
assessing the impacts of the development; or 3
(b) the processes under chapter 3, part 4 and part 5, division 2, have 4
been completed for a development application for the community 5
infrastructure to which the designation relates; or 6
(c) the process under chapter 5, part 7A, division 2, has been 7
completed for an EIS for development for the community 8
infrastructure; or 9
(d) the process under schedule 1, section 12, has been carried out for 10
a planning scheme, or an amendment of a planning scheme, that 11
includes the community infrastructure; or 12
(e) the coordinator-general has, under the State Development and 13
Public Works Organisation Act 1971, section 35,1 prepared a 14
report evaluating an EIS for development for the community 15
infrastructure; or 16
(f) the process under the Environmental Protection Act 1994, 17
chapter 3, part 12 has been completed for an EIS for development 18
for the community infrastructure. 19
`(4) However, if written notice of the proposed designation has not been 20
given to each of the following entities about an action mentioned in 21
subsection (3), the Minister must give written notice of the proposed 22
designation to the entities inviting submissions about the proposed 23
designation-- 24
(a) the owner of any land to which the proposed designation applies; 25
(b) each local government the Minister is satisfied the designation 26
affects. 27
`(5) A notice given under subsection (4) must give the entities at least 28
15 business days to make a submission. 29
1 State Development and Public Works Organisation Act 1971, section 35
(Coordinator-General evaluates EIS, submissions, other material and prepares
report)
2 Environmental Protection Act 1994, chapter 3 (Environmental impact statements),
part 1 (EIS process)
s5 17 s6
Integrated Planning and Other Legislation
Amendment Bill 2003
`2.6.8 Procedures after designation 1
`(1) If the Minister designates land, the Minister must give a notice to-- 2
(a) each owner of the land; and 3
(b) each local government given a notice under section 2.6.7(4)(b); 4
and 5
(c) the chief executive. 6
`(2) The notice must state each of the following-- 7
(a) the designation has been made; 8
(b) the description of the land; 9
(c) the type of community infrastructure for which the land has been 10
designated; 11
(d) any matters mentioned in section 2.6.4 and included as part of 12
the designation. 13
`(3) The Minister must also publish a gazette notice stating the matters 14
mentioned in subsection (2)(a) to (c). 15
`2.6.9 Procedures if designation does not proceed 16
`If the Minister decides not to proceed with a proposed designation, the 17
Minister must give a notice, stating that the designation will not proceed, to 18
the persons mentioned in section 2.6.8(1)(a) and (b).'. 19
5 Amendment of s 5.7.6 (Documents chief executive must keep 20
available for inspection and purchase)
Clause 21
Section 5.7.6-- 22
insert-- 23
`(o) each notice given under section 2.6.8(1)(c).'. 24
6 Insertion of new ch 6, pt 2, div 2
Clause 25
Chapter 6, part 2-- 26
insert-- 27
s7 18 s9
Integrated Planning and Other Legislation
Amendment Bill 2003
`Division 2--Transitional provisions for designation 1
`6.2.4 Designation processes continue 2
`If before the commencement of this section a designator has started 3
designation procedures under chapter 2, part 6, and schedule 6 or 4
schedule 7, the designator may complete the procedures as if the Integrated 5
Planning and Other Legislation Amendment Act 2003, part 2, division 2 6
had not commenced.'. 7
7 Omission of schs 6 and 7
Clause 8
Schedules 6 and 7-- 9
omit. 10
8 Amendment of sch 10 (Dictionary)
Clause 11
Schedule 10, definition "consultation period"-- 12
omit, insert-- 13
` "consultation period"-- 14
(a) for making or amending a planning scheme--see schedule 1, 15
section 12(1)(g); or 16
(b) for making or amending a planning scheme policy--see 17
schedule 3, section 2(1)(g); or 18
(c) for making or amending a State planning policy--see schedule 4, 19
section 3(3)(g); or 20
(d) for making a ministerial designation of land--the period for the 21
making of submissions stated in any notice given under 22
section 2.6.7(4). 23
Division 3--Amendments for infrastructure 24
9 Amendment of s 2.1.3 (Key elements of planning schemes)
Clause 25
(1) Section 2.1.3(1)(d) and (e)-- 26
s 10 19 s 11
Integrated Planning and Other Legislation
Amendment Bill 2003
omit, insert-- 1
`(d) includes a priority infrastructure plan. '. 3
2
(2) Section 2.1.3(3)(b)-- 3
omit. 4
10 Replacement of s 2.1.24 (Infrastructure intentions in local 5
planning instruments not binding)
Clause 6
Section 2.1.24-- 7
omit, insert-- 8
`2.1.24 Infrastructure intentions in local planning instruments not 9
binding 10
`(1) If a local planning instrument indicates the intention of a local 11
government or a supplier of State infrastructure to supply infrastructure it 12
does not create an obligation on the local government or the supplier to 13
supply the infrastructure. 14
`(2) If a local government or a supplier of State infrastructure states a 15
desired standard of service in a priority infrastructure plan, an entity does 16
not have a right to expect or demand the standard.'. 17
11 Replacement of s 2.2.5 (Local government must review 18
benchmark development sequence annually)
Clause 19
Section 2.2.5-- 20
omit, insert-- 21
`2.2.5 Local government must review its priority infrastructure plan 22
every 4 years 23
`(1) Each local government prescribed under a regulation must review 24
its priority infrastructure plan at least once every 4 years. 25
3 For the contents of a priority infrastructure plan, see schedule 10, definition "priority
infrastructure plan".
Other legislation also requires local governments to note certain matters on planning
schemes, for example, the Mineral Resources Act 1989, section 319 requires a local
government to note on its planning scheme the existence of certain mining tenures.
s 12 20 s 14
Integrated Planning and Other Legislation
Amendment Bill 2003
`(2) The review must be conducted in consultation with the State 1
agencies that participated in the preparation of the plan. 2
`(3) However, before consulting with the State agencies, the local 3
government must assess the factors affecting the plan since the last review 4
and advise the agencies of any proposed amendments to the plan.'. 5
12 Amendment of s 2.6.6 (How infrastructure charges apply to 6
designated land)
Clause 7
Section 2.6.6, `part 1 (Infrastructure charges)'-- 8
omit, insert-- 9
`part 14'. 10
13 Amendment of s 2.6.12 (Designation of land by local governments)
Clause 11
Section 2.6.12-- 12
insert-- 13
`(3) However, land identified in a priority infrastructure plan as land for 14
community infrastructure is not designated land unless it is also 15
specifically identified as designated land.'. 16
14 Insertion of new s 3.2.4
Clause 17
After section 3.2.3-- 18
insert-- 19
`3.2.4 Acknowledgment notices for development inconsistent with 20
priority infrastructure plans 21
`(1) This section applies, in addition to section 3.2.3, if the development 22
is-- 23
(a) either or both of the following-- 24
(i) completely or partly outside a priority infrastructure area; 25
4 Chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding)
s 15 21 s 16
Integrated Planning and Other Legislation
Amendment Bill 2003
(ii) inconsistent with the assumptions about the type, scale, 1
location or timing of future development stated in the 2
priority infrastructure plan; and 3
(b) for any or all of the following-- 4
(i) residential purposes; 5
(ii) retail or commercial purposes; 6
(iii) industrial purposes. 7
`(2) The acknowledgment notice must also state-- 8
(a) the matters mentioned in subsection (1); and 9
(b) additional trunk infrastructure costs may be imposed under 10
section 5.1.25; and 11
(c) additional infrastructure costs may be imposed under 12
section 5.1.28.'. 13
15 Amendment of s 3.5.4 (Code assessment)
Clause 14
(1) Section 3.5.4(2)-- 15
insert-- 16
`(d) if the assessment manager is an infrastructure provider--the 17
priority infrastructure plan.5'. 18
(2) Section 3.5.4(4)-- 19
insert-- 20
`(c) for chapter 5, part 1, the infrastructure provisions of the existing 21
planning scheme applied.'. 22
16 Amendment of s 3.5.5 (Impact assessment)
Clause 23
Section 3.5.5(4)-- 24
insert-- 25
`(c) for chapter 5, part 1, the infrastructure provisions of the existing 26
planning scheme applied.'. 27
5 See chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding).
s 17 22 s 18
Integrated Planning and Other Legislation
Amendment Bill 2003
17 Amendment of s 3.5.17 (Changing conditions and other matters 1
during the applicant's appeal period)
Clause 2
Section 3.5.17-- 3
insert-- 4
`(7) If the development approved by the negotiated decision notice is 5
different from the development approved in the decision notice in a way 6
that affects the amount of an infrastructure charge or regulated 7
infrastructure charge, the local government may give the applicant a new 8
infrastructure charges notice under section 5.1.8 or regulated infrastructure 9
charges notice under section 5.1.18 to replace the original notice.'. 10
18 Amendment of s 3.5.32 (Conditions that can not be imposed)
Clause 11
(1) Section 3.5.32(1)(b)-- 12
omit, insert-- 13
`(b) for infrastructure to which chapter 5, part 1 applies, require 14
(other than under chapter 5, part 1)-- 15
(i) a monetary payment for the establishment, operating and 16
maintenance costs of the infrastructure; or 17
(ii) works to be carried out for the infrastructure; or'. 18
(2) Section 3.5.32(1)-- 19
insert-- 20
`(e) limit the time a development approval has effect for a use or 21
work forming part of a network of community infrastructure, 22
other than State owned or State controlled transport 23
infrastructure.'. 24
(3) Section 3.5.32(2)-- 25
omit, insert-- 26
`(2) This section does not stop a condition being imposed that requires a 27
monetary payment, or works to be carried out, to protect or maintain the 28
safety or efficiency of State owned or State controlled transport 29
infrastructure.'. 30
s 19 23 s 22
Integrated Planning and Other Legislation
Amendment Bill 2003
19 Omission of ss 3.5.35 and 3.5.36
Clause 1
Sections 3.5.35 and 3.5.36-- 2
omit. 3
20 Amendment of s 4.1.21 (Court may make declarations)
Clause 4
Section 4.1.21(1)(d)-- 5
omit. 6
21 Insertion of new s 4.1.36
Clause 7
After section 4.1.35-- 8
insert-- 9
`4.1.36 Appeals about infrastructure charges 10
`(1) This section applies to a person who has been given, and is 11
dissatisfied with, an infrastructure charges notices. 12
`(2) The person may appeal to the court against the notice. 13
`(3) The appeal must be started within 20 business days after the day the 14
notice is given to the person. 15
`(4) An appeal under this section may only be about-- 16
(a) the methodology used to establish the charge in the infrastructure 17
charges schedule; or 18
(b) an error in the calculation of the charge.'. 19
22 Replacement of ch 5, pt 1
Clause 20
Chapter 5, part 1-- 21
omit, insert-- 22
s 22 24 s 22
Integrated Planning and Other Legislation
Amendment Bill 2003
`PART 1--INFRASTRUCTURE PLANNING AND 1
FUNDING 2
`Division 1--Preliminary 3
4
`5.1.1 Purpose of pt 1 5
The purpose of this part is to-- 6
(a) seek to integrate land use and infrastructure plans; and 7
(b) establish an infrastructure planning benchmark as a basis for an 8
infrastructure funding framework; and 9
(c) establish an infrastructure funding framework that is equitable 10
and accountable; and 11
(d) integrate State infrastructure providers into the framework. 12
`Division 2--Non-trunk infrastructure 13
`5.1.2 Conditions local governments may impose for non-trunk 14
infrastructure 15
`(1) If a local government imposes a condition about non-trunk 16
infrastructure, the condition may only be for supplying infrastructure for 17
1 or more of the following-- 18
(a) networks internal to the premises; 19
(b) connecting the premises to external infrastructure networks; 20
(c) protecting or maintaining the safety or efficiency of the 21
infrastructure network of which the non-trunk infrastructure is a 22
component. 23
`(2) The condition must state-- 24
(a) the infrastructure to be supplied; and 25
(b) when the infrastructure must be supplied. 26
s 22 25 s 22
Integrated Planning and Other Legislation
Amendment Bill 2003
`Division 3--Trunk infrastructure 1
`5.1.3 Priority infrastructure plans for trunk infrastructure 2
`Each priority infrastructure plan6 must be prepared as required by 3
guidelines prescribed under a regulation. 4
`5.1.4 Funding trunk infrastructure for certain local governments 5
`(1) Under this Act, a local government may levy a charge for supplying 6
trunk infrastructure under either-- 7
(a) an infrastructure charges schedule; or 8
(b) a regulated infrastructure charges schedule.7 9
`(2) If the local government levies a charge for a trunk infrastructure 10
network under an infrastructure charges schedule, it must use an 11
infrastructure charges schedule for levying charges for all the trunk 12
infrastructure networks for which it intends to levy a charge. 13
`(3) Subsection (2) does not stop a local government from-- 14
(a) having, or not having, an infrastructure charges schedule for a 15
part of a trunk infrastructure network; or 16
(b) adopting infrastructure charges schedules at different times. 17
`Division 4--Trunk infrastructure funding under an infrastructure 18
charges schedule 19
`5.1.5 Making or amending infrastructure charges schedules 20
`(1) Despite section 2.1.5,8 an infrastructure charges schedule must be 21
prepared or amended as required by-- 22
(a) guidelines prescribed under a regulation; and 23
6 See section 2.1.3(1)(d) (Key elements of planning schemes).
7 See the Local Government Act 1993, chapter 14 (Rates and charges), part 2 (Making
and levying rates and charges) for a local government's power to levy rates and
charges in other ways.
8 Section 2.1.5 (Process for making or amending planning schemes)
s 22 26 s 22
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) the process stated in schedule 3,9 as if it were a planning scheme 1
policy. 2
`(2) However, if the schedule is being prepared at the same time as the 3
priority infrastructure plan, the process for preparing the schedule is the 4
same as the process for preparing the plan. 5
`(3) The schedule, or an amendment of the schedule, has effect on and 6
from-- 7
(a) the day the adoption of the schedule, or the amendment of the 8
schedule, is first notified in a newspaper circulating generally in 9
the local government's area; or 10
(b) if a later day for the commencement of the schedule, or the 11
amendment of the schedule, is stated in the schedule, or the 12
amendment--the later day. 13
`5.1.6 Key elements of an infrastructure charges schedule 14
`(1) An infrastructure charges schedule must state each of the 15
following-- 16
(a) a charge (an "infrastructure charge") for each trunk 17
infrastructure network identified in the schedule; 18
(b) the estimated proportion of the establishment cost of each 19
network to be funded by the charge; 20
(c) when it is anticipated the infrastructure forming part of the 21
network will be provided; 22
(d) the estimated establishment cost of the infrastructure; 23
(e) each area in which the charge applies; 24
(f) each type of lot or use for which the charge applies; 25
(g) how the charge must be calculated for-- 26
(i) each area mentioned in paragraph (e); and 27
(ii) each type of lot or use mentioned in paragraph (f). 28
`(2) An infrastructure charge may also apply to trunk infrastructure-- 29
9 Schedule 3 (Process for making or amending planning scheme policies)
s 22 27 s 22
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(a) despite section 2.1.2--that is not within, or completely within, 1
the local government's area; or 2
(b) that is not owned by the local government, if the owner of the 3
infrastructure agrees; or 4
(c) supplied by a local government on a State-controlled road.10 5
`5.1.7 Infrastructure charges 6
`(1) The infrastructure charge-- 7
(a) must be for a trunk infrastructure network that services, or is 8
planned to service, premises and is identified in the priority 9
infrastructure plan; and 10
(b) must not be more than the proportion of the establishment cost of 11
the network that reasonably can be apportioned to the premises 12
for which the charge is stated, taking into account-- 13
(i) the usage of the network by the premises; or 14
(ii) the capacity of the network allocated to the premises. 15
`(2) Also, if the infrastructure charge is levied for an existing lawful use, 16
it must be based on the current share of usage of the network at the time the 17
charge is levied. 18
`(3) Subsection (2) does not apply if the local government and the owner 19
of the land to which the charge relates otherwise agree in writing. 20
`(4) However, an infrastructure charge must not be levied for a work or 21
use of land authorised under the Mineral Resources Act 1989 or the 22
Petroleum Act 1923. 23
`5.1.8 Infrastructure charges notices 24
`(1) A notice requiring the payment of an infrastructure charge (an 25
"infrastructure charges notice") must state each of the following-- 26
(a) the amount of the charge; 27
(b) the land to which the charge applies; 28
(c) when the charge is payable; 29
10 See Transport Infrastructure Act 1994, sections 31 and 40.
s 22 28 s 22
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(d) the trunk infrastructure network for which the charge has been 1
stated; 2
(e) the person to whom the charge must be paid. 3
`(2) If the notice is given as a result of a development approval, the local 4
government must give the notice to the applicant-- 5
(a) if the local government is the assessment manager--at the same 6
time as the approval is given; or 7
(b) in any other case--within 10 business days after the local 8
government receives a copy of the approval. 9
`(3) If the notice is not given as a result of a development approval, the 10
local government must give the notice to the owner of the land. 11
`(4) The charge is not recoverable unless the entitlements under the 12
approval are exercised. 13
`(5) The notice lapses if the approval stops having effect.11 14
`5.1.9 When infrastructure charges are payable 15
`An infrastructure charge is payable-- 16
(a) if the charge applies to reconfiguring a lot that is assessable 17
development--before the local government approves the plan of 18
subdivision under chapter 3, part 7; or 19
(b) if the charge applies to building work that is assessable 20
development--before the certificate of classification for the 21
building work is issued; or 22
(c) if the charge applies to a material change of use--before the 23
change happens; or 24
(d) if paragraphs (a), (b) and (c) do not apply--on the day stated in 25
the infrastructure charges notice. 26
`5.1.10 Application of infrastructure charges 27
`An infrastructure charge levied and collected-- 28
11 See section 3.5.21 (When approval lapses).
s 22 29 s 22
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(a) for a network of trunk infrastructure, must be used to provide 1
infrastructure for the network; or 2
(b) for works required for the local function of State-controlled 3
roads, must be used to provide works on the State-controlled 4
roads. 5
`5.1.11 Accounting for infrastructure charges 6
`(1) An infrastructure charge levied and collected for local works on 7
State infrastructure must be separately accounted for. 8
`(2) To remove any doubt, it is declared that an infrastructure charge 9
levied and collected by a local government need not be held in trust. 10
`5.1.12 Agreements about, and alternatives to, paying infrastructure 11
charges 12
`(1) Despite sections 5.1.8 and 5.1.9, a person to whom an infrastructure 13
charges notice has been given and the infrastructure provider may enter 14
into a written agreement about 1 or more of the following-- 15
(a) whether the charge may be paid at a different time from the time 16
stated in the notice, and whether it may be paid by instalments; 17
(b) whether infrastructure may be supplied instead of paying all or 18
part of the charge;12 19
(c) whether infrastructure that delivers the same standard of service 20
as that identified in the priority infrastructure plan may be 21
supplied instead of the infrastructure identified in the 22
infrastructure charges schedule; 23
(d) if section 5.1.8(2)(a) applies for the charge and the infrastructure 24
is land owned by the applicant--whether land in fee simple may 25
be given instead of paying the charge or part of the charge. 26
`(2) For development infrastructure that is land, the local government 27
may give the applicant a notice, in addition to, or instead of, the notice 28
given under section 5.1.8, requiring the person to-- 29
12 See Transport Infrastructure Act 1994, sections 31 and 40 for works involving a
State-controlled road.
s 22 30 s 22
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(a) give to the local government, in fee simple, part of the land the 1
subject of the development application; or 2
(b) give to the local government, in fee simple, part of the land the 3
subject of the development application and an infrastructure 4
charge. 5
`(3) If the applicant is required to give land under subsection (2)(a), or a 6
combination of land and a charge under subsection (2)(b), the total value of 7
the contribution must not be more than the amount of the charge mentioned 8
in section 5.1.8(1). 9
`(4) The applicant must comply with the notice as soon as practicable. 10
`(5) If subsection (1)(d) or (2) applies and the land is to be given to the 11
local government for public parks infrastructure or local community 12
facilities, the land must be given on trust. 13
`5.1.13 Local government may supply different trunk infrastructure 14
from that identified in a priority infrastructure plan 15
`A local government may supply different trunk infrastructure from the 16
infrastructure identified in the priority infrastructure plan if the 17
infrastructure supplied delivers the same desired standard of service for the 18
relevant network. 19
`5.1.14 Infrastructure charges taken to be a rate 20
`(1) An infrastructure charge levied by a local government is, for the 21
purposes of recovery, taken to be a rate within the meaning of the Local 22
Government Act 1993. 23
`(2) However, if the local government and an applicant enter into a 24
written agreement stating the charge is a debt owing to it by the applicant 25
or person, subsection (1) does not apply. 26
`Division 5--Trunk infrastructure funding under a 27
regulated infrastructure charges schedule 28
`5.1.15 Regulated infrastructure charge 29
`A regulation may prescribe-- 30
s 22 31 s 22
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(a) a charge for the supply of trunk infrastructure; and 1
(b) development for which the charge may be levied. 2
`5.1.16 Adopting and notifying regulated infrastructure charges 3
schedule 4
`(1) A local government may, by resolution, adopt a schedule of charges 5
(a "regulated infrastructure charges schedule") for the establishment 6
cost of trunk infrastructure in a local government area. 7
`(2) Each charge in the schedule must not be more than the amount 8
prescribed under section 5.1.15 for the charge. 9
`(3) The schedule must state-- 10
(a) the charge for each trunk infrastructure network identified in the 11
schedule; and 12
(b) development to which the charge applies; and 13
(c) the areas within which each charge applies. 14
`(4) As soon as practicable after the local government decides to adopt a 15
regulated infrastructure charges schedule, the local government must 16
publish, in a newspaper circulating generally in the local government's 17
area, a notice stating the following-- 18
(a) the name of the local government; 19
(b) that a regulated infrastructure charges schedule, for the supply of 20
trunk infrastructure in the local government's area, has been 21
adopted; 22
(c) the day the resolution was made; 23
(d) the day the schedule applies; 24
(e) whether the schedule replaces an existing schedule; 25
(f) that a copy of the schedule is available for inspection and 26
purchase. 27
`(5) On the day the notice is published (or as soon as practicable after the 28
day), the local government must give the chief executive-- 29
(a) a copy of the notice; and 30
(b) 3 certified copies of the schedule. 31
s 22 32 s 22
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`(6) The schedule has effect on and from-- 1
(a) the day the adoption of the schedule is first notified in a 2
newspaper circulating generally in the local government's area; 3
or 4
(b) if a later day for the commencement of the schedule is stated in 5
the schedule--the later day. 6
`(7) A copy of the schedule must be attached to each copy of the local 7
government's planning scheme. 8
`(8) To remove any doubt, it is declared that the schedule is not part of 9
the local government's planning scheme. 10
`5.1.17 Regulated infrastructure charges 11
`(1) A charge in a regulated infrastructure charges schedule (a 12
"regulated infrastructure charge") for premises must be for a trunk 13
infrastructure network that services, or is planned to service, the premises 14
and is identified in the priority infrastructure plan. 15
`(2) However, a regulated infrastructure charge must not be levied for a 16
work or use of land authorised under the Mineral Resources Act 1989 or 17
the Petroleum Act 1923. 18
`5.1.18 Regulated infrastructure charges notice 19
`(1) A notice requiring the payment of a regulated infrastructure charge 20
(a "regulated infrastructure charges notice") must state each of the 21
following-- 22
(a) the amount of the charge; 23
(b) the land to which the charge applies; 24
(c) when the charge is payable; 25
(d) the trunk infrastructure network for which the charge has been 26
stated. 27
`(2) The local government must give the notice to the applicant-- 28
(a) if the local government is the assessment manager--at the same 29
time as the development approval is given; or 30
s 22 33 s 22
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(b) in any other case--within 10 business days after the local 1
government receives a copy of the approval. 2
`(3) The charge is not recoverable unless the entitlements under the 3
approval are exercised. 4
`(4) The notice lapses if the approval stops having effect.13 5
`5.1.19 When regulated infrastructure charges are payable 6
`A regulated infrastructure charge is payable-- 7
(a) if the charge applies to reconfiguring a lot that is assessable 8
development--before the local government approves the plan of 9
subdivision under chapter 3, part 7; or 10
(b) if the charge applies to building work that is assessable 11
development--before the certificate of classification for the 12
building work is issued; or 13
(c) if the charge applies to a material change of use--before the 14
change happens; or 15
(d) otherwise--on the day stated in the regulated infrastructure 16
charges notice. 17
`5.1.20 Application of regulated infrastructure charges 18
`A regulated infrastructure charge levied and collected for a network of 19
trunk infrastructure must be used to provide infrastructure for the network. 20
`5.1.21 Accounting for regulated infrastructure charges 21
`To remove any doubt, it is declared that a regulated infrastructure 22
charge levied and collected by a local government need not be held in trust. 23
13 See section 3.5.21 (When approval lapses).
s 22 34 s 22
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`5.1.22 Agreements about, and alternatives to, paying regulated 1
infrastructure charges 2
`Despite sections 5.1.18 and 5.1.19, a person to whom a regulated 3
infrastructure charges notice has been given and the infrastructure provider 4
may enter into a written agreement about 1 or more of the following-- 5
(a) whether the charge may be paid at a different time from the time 6
stated in the notice, and whether it may be paid by instalments; 7
(b) whether infrastructure may be supplied instead of paying all or 8
part of the charge. 9
`5.1.23 Regulated infrastructure charges taken to be a rate 10
`(1) A regulated infrastructure charge levied by a local government is, 11
for the purposes of recovery, taken to be a rate within the meaning of the 12
Local Government Act 1993. 13
`(2) However, if the local government and an applicant enter into a 14
written agreement stating the charge is a debt owing to it by the applicant 15
or person, subsection (1) does not apply. 16
`Division 6--Conditions local governments may impose for necessary 17
trunk infrastructure 18
`5.1.24 Conditions local governments may impose for necessary trunk 19
infrastructure 20
`(1) This section applies if-- 21
(a) existing trunk infrastructure necessary to service the premises is 22
not adequate and trunk infrastructure adequate to service the 23
premises is identified in the priority infrastructure plan; or 24
(b) trunk infrastructure to service the premises is necessary, but is 25
not yet available and is identified in the priority infrastructure 26
plan; or 27
(c) trunk infrastructure identified in the priority infrastructure plan 28
crosses the premises. 29
`(2) A local government may require different trunk infrastructure from 30
the infrastructure identified in the priority infrastructure plan if the required 31
s 22 35 s 22
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infrastructure delivers the same desired standard of service for the relevant 1
network. 2
`(3) The local government may impose a condition requiring the 3
applicant to construct the trunk infrastructure mentioned in subsection (1) 4
or (2), even if the infrastructure will service other premises. 5
`(4) The condition must state-- 6
(a) the trunk infrastructure to be constructed; and 7
(b) when the infrastructure must be constructed. 8
`(5) Subsection (6) applies if-- 9
(a) the trunk infrastructure mentioned in subsection (3) services, or 10
is planned to service, other premises; and 11
(b) the amount of the value of the infrastructure is more than the 12
amount of the value of the charge for the network. 13
`(6) The applicant-- 14
(a) does not have to pay an infrastructure charge for the network; 15
and 16
(b) is entitled to a refund from the infrastructure provider, on terms 17
agreed with the infrastructure provider, for the proportion of the 18
establishment cost of the trunk infrastructure mentioned in 19
subsection (3)-- 20
(i) that reasonably can be apportioned to the other users' 21
premises mentioned in subsection (5)(a); and 22
(ii) collected, or to be collected, under an infrastructure charges 23
schedule. 24
`(7) If subsection (6) does not apply, the amount of the value of the 25
infrastructure supplied under the condition for a network must be offset 26
against any charge that may be levied for the premises under section 5.1.8 27
for the network. 28
`(8) A condition imposed under subsection (3) complies with 29
section 3.5.30-- 30
(a) for subsection (1)(a) or (b)-- 31
(i) to the extent the infrastructure is necessary to service the 32
premises; and 33
s 22 36 s 22
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(ii) if the infrastructure is the most efficient and cost effective 1
solution for servicing the premises; and 2
(b) for subsection (1)(c)--to the extent the infrastructure is not an 3
unreasonable imposition on-- 4
(i) the development; or 5
(ii) the use of premises as a consequence of the development. 6
`Division 7--Conditions local governments may impose for additional 7
trunk infrastructure costs 8
`5.1.25 Conditions local governments may impose for additional trunk 9
infrastructure costs 10
`(1) A local government may not impose a condition requiring the 11
payment of additional trunk infrastructure costs unless the local 12
government has given an acknowledgment notice under section 3.2.4. 13
`(2) A local government may impose a condition requiring the payment 14
of additional trunk infrastructure costs only if the development-- 15
(a) is-- 16
(i) inconsistent with the assumptions about the type, scale, 17
location or timing of future development stated in the 18
priority infrastructure plan; or 19
(ii) for premises completely or partly outside the priority 20
infrastructure area; and 21
(b) would impose additional trunk infrastructure costs on the 22
infrastructure provider after taking into account either or both of 23
the following-- 24
(i) infrastructure charges or regulated infrastructure charges 25
levied for the development; 26
(ii) trunk infrastructure supplied, or to be supplied by the 27
applicant under divisions 4 to 6. 28
`(3) A condition mentioned in subsection (2) must state each of the 29
following-- 30
(a) why the condition is required; 31
s 22 37 s 22
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(b) the amount of the payment required; 1
(c) details of the infrastructure for which the payment is required; 2
(d) when the payment must be made; 3
(e) the person to whom the payment must be made; 4
(f) the applicant may elect to supply all or part of the infrastructure 5
instead of making payment for the infrastructure to be supplied; 6
(g) if the applicant makes an election under paragraph (f)-- 7
(i) any requirements for supplying the infrastructure; and 8
(ii) when the infrastructure must be supplied. 9
`(4) Unless the applicant and the infrastructure provider otherwise agree 10
in writing, for subsection (3)(d), the payment must be made-- 11
(a) if the trunk infrastructure is necessary to service the 12
premises--by the day the development, or work associated with 13
the development, starts; or 14
(b) if the trunk infrastructure is not necessary to service the 15
premises-- 16
(i) for reconfiguring a lot--before the local government 17
approves the plan of subdivision under chapter 3, part 7; or 18
(ii) for other development--before the use commences. 19
`(5) Subsection (6) applies if-- 20
(a) a development approval no longer has effect; and 21
(b) a payment for the additional trunk infrastructure costs has been 22
made; and 23
(c) construction of the infrastructure has not substantially 24
commenced before the approval ceased having effect. 25
`(6) The local government must repay to the person who made the 26
payment any part of the payment the local government has not spent, or 27
contracted to spend, on the design and construction of the infrastructure. 28
`(7) A condition imposed under this division complies with 29
section 3.5.30, to the extent the trunk infrastructure is necessary, but not yet 30
available, to service development, even if the infrastructure is also intended 31
to service other development. 32
s 22 38 s 22
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`(8) A local government may not impose a condition under this division 1
for a supplier of State infrastructure. 2
`(9) Nothing in this division stops a local government from-- 3
(a) levying a charge for the establishment cost of the component of 4
the trunk infrastructure network included in the infrastructure 5
charges schedule; or 6
(b) imposing a condition for non-trunk infrastructure; or 7
(c) imposing a condition for necessary trunk infrastructure. 8
`5.1.26 Local government additional trunk infrastructure costs in 9
priority infrastructure areas 10
`(1) The costs that may be required by a local government under 11
section 5.1.25, for development completely in the priority infrastructure 12
area, may only include-- 13
(a) for trunk infrastructure to be supplied earlier than anticipated in 14
the priority infrastructure plan--the difference between the 15
establishment cost of the infrastructure made necessary by the 16
development and the amount of any charge paid for the 17
infrastructure; or 18
(b) for trunk infrastructure associated with a different type, scale or 19
intensity of development from that anticipated in the priority 20
infrastructure plan-- 21
(i) for a different type, a greater scale or a greater intensity of 22
development--the establishment cost of any additional 23
trunk infrastructure made necessary by the development; or 24
(ii) for a lesser scale or lesser intensity of development--the 25
difference between the establishment cost of the 26
infrastructure identified in the plan and the establishment 27
cost of the infrastructure necessary for the development. 28
`(2) The applicant is entitled to a refund from the infrastructure provider, 29
on terms agreed with the infrastructure provider, for the proportion of the 30
establishment cost of the infrastructure-- 31
(a) that reasonably can be apportioned to the other users of the 32
infrastructure mentioned in subsection (1)(a) or (1)(b)(i); and 33
s 22 39 s 22
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(b) collected, or to be collected, under an infrastructure charges 1
schedule. 2
`5.1.27 Local government additional trunk infrastructure costs outside 3
priority infrastructure areas 4
`(1) The costs that may be required under section 5.1.25, for 5
development completely or partly outside the priority infrastructure area, 6
may only include, for each network-- 7
(a) the establishment cost of any trunk infrastructure made necessary 8
by the development; and 9
(b) either or both of the following establishment costs of any 10
temporary infrastructure-- 11
(i) costs required to ensure the safe or efficient operation of the 12
infrastructure mentioned in paragraph (a); or 13
(ii) costs made necessary by the development; and 14
(c) the decommissioning, removal and rehabilitation costs of any 15
temporary infrastructure mentioned in paragraph (b); and 16
(d) the maintenance and operating costs of the infrastructure 17
mentioned in paragraphs (a) and (b), for up to 5 years. 18
`(2) Subsection (3) applies if the planning scheme indicates the premises 19
is part of an area intended for future development for-- 20
(a) residential purposes; or 21
(b) retail or commercial purposes; or 22
(c) industrial purposes. 23
`(3) For subsection (1)(a), trunk infrastructure made necessary by the 24
development includes the trunk infrastructure necessary to service the 25
balance of the area mentioned in subsection (2). 26
s 22 40 s 22
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`Division 8--Conditions State infrastructure providers may impose for 1
infrastructure 2
`5.1.28 Conditions State infrastructure provider may impose 3
`(1) A State infrastructure provider may impose a condition about either 4
or both of the following-- 5
(a) infrastructure; 6
(b) works to protect the operation of the infrastructure. 7
`(2) The condition must be only for-- 8
(a) protecting or maintaining the safety or efficiency of the 9
provider's infrastructure network; or 10
(b) additional infrastructure costs. 11
12
Examples of a condition for safety or efficiency--
13
1. A deceleration lane and entry access to a shopping centre development.
14
2. Traffic signals at an intersection 1 block from a shopping centre development.
15
3. Upgrading transverse drainage under a State-controlled road because of increased
16
hard stand parking area from development.
17
4. Road shoulder widening added to reconstruction of a road because of increased
18
traffic loading to stop road edge wear.
19
Example of a condition for additional infrastructure costs--
20
Contribution for the construction of road works on a State-controlled road when land,
21
not in the priority infrastructure area is developed as a large town-house estate--such
22
as for the provision of footpaths, kerb and channel with ancillary drainage and a
23
landscaped noise buffer.
`(3) A condition under subsection (1) may require either or both of the 24
following-- 25
(a) infrastructure to be supplied at a different standard to the 26
standard stated in the priority infrastructure plan; 27
(b) different infrastructure to be supplied to the infrastructure 28
identified in the priority infrastructure plan. 29
`(4) Subsection (5) applies if infrastructure mentioned in 30
subsection (3)-- 31
s 22 41 s 22
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(a) has replaced, or is to replace, infrastructure for which a local 1
government has collected, or may collect, an infrastructure 2
charge; and 3
(b) provides the same desired standard of service as the replaced 4
infrastructure. 5
`(5) The local government must-- 6
(a) give the charge collected to the State infrastructure provider to be 7
used-- 8
(i) for the construction of the infrastructure; or 9
(ii) to reimburse the person who constructed the infrastructure; 10
or 11
(b) enter into an agreement with the State infrastructure provider and 12
the person required to comply with the condition about when 13
payment of the charge collected will be made-- 14
(i) for the construction of the infrastructure; or 15
(ii) to reimburse the person who constructed the infrastructure. 16
`(6) In this section-- 17
"infrastructure network", for State owned or State controlled transport 18
infrastructure, means transport infrastructure under the Transport 19
Infrastructure Act 1994 that is owned or controlled by the State. 20
"safety or efficiency of the provider's infrastructure network" means 21
the safety of any of the users of the provider's infrastructure network 22
and others impacted by the network or the efficiency of the use of the 23
provider's infrastructure network.14 24
`5.1.29 Requirements for conditions about safety or efficiency 25
`A condition imposed under section 5.1.28(2)(a) for supplying, or 26
contributing toward the cost of, infrastructure must state-- 27
(a) the infrastructure or works to be supplied or the contribution to 28
be made; and 29
14 See any guidelines made by the chief executive administering the Transport
Infrastructure Act 1994 about safety or efficiency of a provider's infrastructure
network.
s 22 42 s 22
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(b) when the infrastructure or works must be supplied or the 1
contribution made. 2
`5.1.30 Requirements for conditions about additional infrastructure 3
costs 4
`(1) A State infrastructure provider may impose a condition under 5
section 5.1.28(2)(b) only to the extent the development-- 6
(a) is-- 7
(i) inconsistent with the assumptions stated in the priority 8
infrastructure plan; or 9
(ii) for premises completely or partly outside the priority 10
infrastructure area; and 11
(b) imposes additional infrastructure costs on the State infrastructure 12
provider. 13
`(2) A condition mentioned in subsection (1) must state each of the 14
following-- 15
(a) why the condition is required; 16
(b) the amount of the payment required; 17
(c) details of the infrastructure for which the payment is required; 18
(d) when the payment must be made; 19
(e) the person to whom the payment must be made; 20
(f) the applicant may elect to supply all or part of the infrastructure 21
instead of making payment for the infrastructure to be supplied; 22
(g) if the applicant makes an election under paragraph (f)-- 23
(i) any requirements for supplying the infrastructure; and 24
(ii) when the infrastructure must be supplied. 25
`(3) Unless the applicant and the infrastructure provider otherwise agree 26
in writing, for subsection (2)(d), the payment must be made-- 27
(a) if the trunk infrastructure is necessary to service the 28
premises--by the day the development, or work associated with 29
the development, starts; or 30
s 22 43 s 22
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(b) if the trunk infrastructure is not necessary to service the 1
premises-- 2
(i) for reconfiguring a lot--before the local government 3
approves the plan of subdivision under chapter 3, part 7; or 4
(ii) for other development--before the use commences. 5
`(4) Subsection (5) applies if-- 6
(a) a development approval no longer has effect; and 7
(b) a payment for the additional infrastructure costs had been made; 8
and 9
(c) construction of the infrastructure has not substantially 10
commenced before the approval ceased having effect. 11
`(5) The State infrastructure provider must repay to the person who made 12
the payment any part of the payment the State infrastructure provider has 13
not spent, or contracted to spend, on the design and construction of the 14
infrastructure. 15
`(6) A condition imposed under this division complies with 16
section 3.5.30, to the extent the infrastructure is necessary, but not yet 17
available, to service development, even if the infrastructure is also intended 18
to service other development. 19
`5.1.31 State infrastructure provider additional infrastructure costs in 20
priority infrastructure areas 21
`(1) The costs that may be required by a State infrastructure provider 22
under section 5.1.30, for development completely in the priority 23
infrastructure area, may only include-- 24
(a) for infrastructure to be supplied earlier than the time anticipated 25
in the priority infrastructure plan, the difference between-- 26
(i) the present value of the establishment cost of the 27
infrastructure; and 28
(ii) the present value of the establishment cost of the 29
infrastructure, if the approval had not been given; or 30
(b) for infrastructure associated with a different type, scale or 31
intensity of development from that anticipated in the priority 32
s 22 44 s 22
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infrastructure plan--the establishment cost of any additional 1
infrastructure made necessary by the development. 2
`(2) The applicant is entitled to a refund from the State infrastructure 3
provider, on terms agreed with the State infrastructure provider, and the 4
local government for the proportion of the establishment cost of the 5
infrastructure-- 6
(a) that reasonably can be apportioned to the other users' premises 7
mentioned in subsection (1)(b); and 8
(b) collected, or to be collected, under an infrastructure charges 9
schedule. 10
`5.1.32 State infrastructure provider additional infrastructure costs 11
outside priority infrastructure areas 12
`(1) The costs that may be required under section 5.1.30, for 13
development completely or partly outside the priority infrastructure area, 14
may only include-- 15
(a) the establishment cost of any infrastructure made necessary by 16
the development; and 17
(b) the maintenance and operating costs of the infrastructure 18
mentioned in paragraph (a) for up to 5 years; and 19
(c) the establishment, maintenance and operating costs of any 20
temporary infrastructure required to ensure the safe or efficient 21
operation of the infrastructure mentioned in paragraph (a) for up 22
to 5 years. 23
`(2) Subsection (3) applies if the planning scheme indicates the premises 24
is part of an area intended for future development for-- 25
(a) residential purposes; or 26
(b) retail or commercial purposes; or 27
(c) industrial purposes. 28
`(3) For subsection (1)(a), infrastructure made necessary by the 29
development includes the infrastructure necessary to service the balance of 30
the area mentioned in subsection (2). 31
s 22 45 s 22
Integrated Planning and Other Legislation
Amendment Bill 2003
`Division 9--Miscellaneous 1
`5.1.33 Agreements for infrastructure partnerships 2
`(1) A person may enter into a written agreement with a public sector 3
entity about-- 4
(a) supplying or funding infrastructure; or 5
(b) refunding payments made towards the cost of supplying or 6
funding infrastructure. 7
`(2) Subsection (1) has effect despite divisions 2 to 8 or chapter 3, part 5, 8
division 6. 9
`5.1.34 Sale of certain land held on trust by local governments 10
`(1) Subsection (2) applies if-- 11
(a) a local government intends to sell land it holds on trust in fee 12
simple; and 13
(b) the land is held on trust for public parks infrastructure or local 14
community facilities; and 15
(c) the local government completely or partly obtained the land in 16
relation to an infrastructure charge levied, or a condition of an 17
approval given, under this or the repealed Act; and 18
(d) the sale of the land would not be inconsistent with a current 19
infrastructure agreement under which the local government 20
obtained the land. 21
`(2) The local government must advertise its intention to sell the land by 22
placing a notice of the sale in a newspaper circulating in the local 23
government's area. 24
`(3) The notice must contain-- 25
(a) a description of the land proposed to be sold; and 26
(b) the purpose for which the land was given on trust; and 27
(c) the reason for proposing to sell the land; and 28
(d) the reasonable time within which submissions must be made. 29
s 23 46 s 23
Integrated Planning and Other Legislation
Amendment Bill 2003
`(4) The local government must consider all submissions in relation to 1
the notice before making a decision about the sale. 2
`(5) If a local government complies with this section and sells the land-- 3
(a) the land is sold free of the trust; and 4
(b) the proceeds of the sale must be used for providing public parks 5
infrastructure or land for local community facilities servicing the 6
land.'. 7
23 Amendment of s 5.2.1 (Meaning of "infrastructure agreement")
Clause 8
Section 5.2.1, definition of "infrastructure agreement"-- 9
omit, insert-- 10
` "infrastructure agreement" means an agreement, as amended from time 11
to time, mentioned in any of the following sections-- 12
· section 3.5.34, to the extent the agreement is about a condition 13
for the payment for, or the supply of, infrastructure 14
· section 5.1.7 15
· section 5.1.12 16
· section 5.1.14 17
· section 5.1.22 18
· section 5.1.23 19
· section 5.1.24 20
· section 5.1.25 21
· section 5.1.26 22
· section 5.1.28 23
· section 5.1.30 24
· section 5.1.31 25
· section 5.1.33.'. 26
s 24 47 s 27
Integrated Planning and Other Legislation
Amendment Bill 2003
24 Omission of s 5.2.2 (Agreements may be entered into about 1
infrastructure)
Clause 2
Section 5.2.2-- 3
omit. 4
25 Amendment of s 5.2.7 (Infrastructure agreements prevail if 5
inconsistent with development approval)
Clause 6
Section 5.2.7-- 7
insert-- 8
`(2) To the extent an infrastructure agreement is inconsistent with an 9
infrastructure charges notice or a regulated infrastructure charges notice, 10
the agreement prevails.'. 11
26 Amendment of s 5.4.4 (Limitations on compensation under 12
ss 5.4.2 and 5.4.3)
Clause 13
(1) Section 5.4.4(1)(b), after `land'-- 14
insert-- 15
`or the clearing of vegetation'. 16
(2) Section 5.4.4(1)(e) and (f)-- 17
omit, insert-- 18
`(e) is about the matters comprising a priority infrastructure plan; or'. 19
27 Amendment of s 5.7.2 (Documents local government must keep 20
available for inspection and purchase)
Clause 21
(1) Section 5.7.2(1)-- 22
insert-- 23
`(na)a register (the "infrastructure charges register") of all 24
infrastructure charges levied by the local government; 25
(nb) a register (the "regulated infrastructure charges register") of 26
all regulated infrastructure charges levied by the local 27
government; 28
s 28 48 s 28
Integrated Planning and Other Legislation
Amendment Bill 2003
(nc) each regulated infrastructure charges schedule adopted by the 1
local government;'. 2
(2) Section 5.7.2-- 3
insert-- 4
`(3) The infrastructure charges register and the regulated infrastructure 5
charges register must, for each charge levied, include each of the 6
following-- 7
(a) the real property description of the land to which the charge 8
applies; 9
(b) the schedule under which the charge was levied; 10
(c) the amount of the charge levied; 11
(d) the amount of the charge unpaid; 12
(e) the number of units of demand charged for; 13
(f) if the charge was levied as a result of a development 14
approval--the approval reference number and the day the 15
approval will lapse; 16
(g) if infrastructure was to be provided instead of paying the 17
charge--details of any infrastructure still to be provided.'. 18
28 Replacement of s 5.7.9 (Limited planning and development 19
certificates)
Clause 20
Section 5.7.9-- 21
omit, insert-- 22
`5.7.9 Limited planning and development certificates 23
`A limited planning and development certificate must contain the 24
following information for premises-- 25
(a) a summary of the provisions of any planning scheme, including 26
any infrastructure charges schedule or regulated infrastructure 27
charges schedule, applying specifically to the premises; 28
(b) a description of any designations applying to the premises.'. 29
s 29 49 s 30
Integrated Planning and Other Legislation
Amendment Bill 2003
29 Amendment of s 5.7.10 (Standard planning and development 1
certificates)
Clause 2
Section 5.7.10(1)-- 3
insert-- 4
`(aa) details of any decision to approve or refuse an application to 5
amend a planning scheme made under section 4.3 of the repealed 6
Act, including any conditions of approval; 7
(ab) a copy of any information recorded for the premises in the 8
infrastructure charges register or regulated infrastructure charges 9
register;'. 10
30 Amendment of s 6.1.31 (Conditions about infrastructure for 11
applications)
Clause 12
(1) Section 6.1.31(2)(c), from `as if'-- 13
omit, insert-- 14
`under a policy or provision mentioned in subsection (1)(b)'. 15
(2) Section 6.1.31(3)(b)-- 16
omit, insert-- 17
`(b) if the application is being decided under an IPA planning 18
scheme, subsection (2) applies only until-- 19
(i) 31 March 2005; or 20
(ii) if the Minister, by gazette notice, nominates a later day for a 21
particular planning scheme--the later day.'. 22
(3) Section 6.1.31(4) and (5)-- 23
omit, insert-- 24
`(4) Subsection (5) applies if a local government is deciding a 25
development application only under a transitional planning scheme. 26
`(5) For deciding the application and to the extent the application is 27
about the aspects of the application to be decided by the local 28
government-- 29
s 31 50 s 31
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) section 3.5.32(1)(b)15 does not apply; and 1
(b) chapter 5, part 1, division 7 does not apply.'.
16
2
31 Replacement of s 6.1.45 (Infrastructure agreements)
Clause 3
Section 6.1.45-- 4
omit, insert-- 5
`6.1.45 Infrastructure agreements 6
`(1) An infrastructure agreement made under part 6, division 217 of the 7
repealed Act and in force immediately before the commencement of this 8
section continues, on and after the commencement, to have effect and is 9
binding on the parties to the agreement as if the repealed Act had not been 10
repealed. 11
`(2) If an infrastructure agreement mentioned in subsection (1) or made 12
under this Act contains permission criteria inconsistent with the Integrated 13
Planning Regulation 1998, to the extent of the inconsistency, the 14
agreement prevails. 15
`(3) In this section-- 16
"permission criteria" means criteria under either or both of the 17
following-- 18
(a) for an agreement-- 19
(i) mentioned in subsection (1)--the Transport Infrastructure 20
Act 1994, section 40,18 as in force immediately before 21
1 December 1999; or 22
(ii) made under this Act--the Transport Infrastructure Act 23
1994, section 40; 24
15 Section 3.5.32 (Conditions that can not be imposed)
16 Chapter 5 (Miscellaneous), part 1 (Infrastructure planning and funding), division 7
(Conditions local governments may impose for additional trunk infrastructure costs)
17 Part 6 (Conditions, contributions, works and infrastructure agreements), division 2
(Infrastructure agreements) of the repealed Act
18 Transport Infrastructure Act 1994, section 40 (Impact of certain local government
decisions on State-controlled roads)
s 32 51 s 32
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) the Transport Operations (Passenger Transport) Act 1994, 1
section 145(4).19'. 2
32 Insertion of new ch 6, pt 2, div 3
Clause 3
Chapter 6, part 2-- 4
insert-- 5
`Division 3--Transitional provisions for infrastructure 6
`6.2.5 Transitional provisions for infrastructure charges plans 7
`(1) If immediately before the commencement of this section an 8
infrastructure charges plan was in force-- 9
(a) the infrastructure charges plan continues to have effect as if it 10
were an infrastructure charges schedule; and 11
(b) a reference to-- 12
(i) the infrastructure charges plan is taken to be a reference to 13
an infrastructure charges schedule; and 14
(ii) infrastructure identified in the plan is taken to be a reference 15
to trunk infrastructure. 16
`(2) If immediately before the commencement of this section a local 17
government was preparing an infrastructure charges plan, the local 18
government may continue to prepare the plan as if the Integrated Planning 19
and Other Legislation Amendment Act 2003 had not commenced. 20
`(3) If a plan mentioned in subsection (2), is adopted by the local 21
government after the commencement of this section-- 22
(a) the plan is taken to be an infrastructure charges schedule; and 23
(b) a reference to the plan is taken to be a reference to an 24
infrastructure charges schedule; and 25
(c) a reference to infrastructure identified in the plan is taken to be a 26
reference to trunk infrastructure. 27
19 Transport Operations (Passenger Transport) Act 1994, section 145 (Impact of
certain decisions by local governments on public passenger transport)
s 32 52 s 32
Integrated Planning and Other Legislation
Amendment Bill 2003
`(4) If an infrastructure charges plan mentioned in subsections (1) to (3) 1
includes public parks infrastructure-- 2
(a) the infrastructure is taken to have been validly included in the 3
plan; and 4
(b) any infrastructure charge levied under the plan is taken to have 5
been validly levied. 6
`6.2.6 When planning schemes do not require priority infrastructure 7
plans 8
`An IPA planning scheme does not have to include a priority 9
infrastructure plan until the day mentioned in section 6.1.31(3)(b) applying 10
to the scheme. 11
`6.2.7 Priority infrastructure plans 12
`(1) This section applies if-- 13
(a) a local government was preparing a plan similar to a priority 14
infrastructure plan before the commencement of this section; and 15
(b) the plan, when completed, complies with the criteria prescribed 16
for the preparation of priority infrastructure plans; and 17
(c) the Minister, under schedule 1, section 18, advises the local 18
government that it may adopt the plan. 19
`(2) The plan is taken to be a priority infrastructure plan. 20
`6.2.8 Infrastructure charges schedules 21
`(1) This section applies if-- 22
(a) a local government was preparing a schedule similar to an 23
infrastructure charges schedule before the commencement of this 24
section; and 25
(b) the schedule, when completed, complies with the criteria 26
prescribed for the preparation of an infrastructure charges 27
schedule; and 28
s 32 53 s 32
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) the Minister, under schedule 1, section 18, advises the local 1
government that it may adopt the schedule. 2
`(2) The schedule is taken to be an infrastructure charges schedule. 3
`6.2.9 Reduction of charge for infrastructure supplied under 4
conditions 5
`(1) Subsection (2) applies if-- 6
(a) a development approval is subject to conditions imposed under 7
section 6.1.31; and 8
(b) after the conditions are imposed, the local government prepares 9
an infrastructure charges plan or an infrastructure charges 10
schedule for the supply of infrastructure for which the conditions 11
were imposed; and 12
(c) the local government intends to levy a charge on the premises for 13
the infrastructure. 14
`(2) The local government must reduce the charge having regard to any 15
contributions made or infrastructure supplied under the condition. 16
`6.2.10 Appeals about infrastructure contribution conditions imposed 17
under planning scheme policies 18
`(1) This section applies if-- 19
(a) a local government has a planning scheme policy for 20
infrastructure prepared under section 6.1.20; and 21
(b) the policy requires infrastructure contributions for urban water 22
cycle management and transport infrastructure; and 23
(c) the policy was prepared as an infrastructure charges plan but has 24
been adopted as a planning scheme policy; and 25
(d) the local government has, under section 6.1.31, imposed a 26
condition on a development approval requiring the applicant to 27
pay contributions for the infrastructure. 28
`(2) Any appeal about the condition must proceed as if it were an appeal 29
under section 4.1.36.'. 30
s 33 54 s 34
Integrated Planning and Other Legislation
Amendment Bill 2003
33 Amendment of sch 1 (Process for making or amending planning 1
schemes)
Clause 2
Schedule 1-- 3
insert-- 4
`8A Requirements for priority infrastructure plans 5
`(1) This section applies if a local government is-- 6
(a) making a planning scheme that includes a priority infrastructure 7
plan; or 8
(b) amending a planning scheme to include or amend a priority 9
infrastructure plan. 10
`(2) Before the local government makes a resolution under section 9, the 11
local government must agree with the suppliers of State infrastructure for 12
the priority infrastructure plan about-- 13
(a) assumptions for the priority infrastructure plan; and 14
(b) the location and size of the priority infrastructure area. 15
`(3) If the parties can not agree on the matters mentioned in 16
subsection (2), the Minister must-- 17
(a) establish a committee to prepare a report on the matters and 18
having considered the report, decide the matters; or 19
(b) having considered the written views of the parties, decide the 20
matters.'. 21
34 Amendment of sch 5 (Community infrastructure)
Clause 22
(1) Schedule 5-- 23
insert-- 24
`(ia) miscellaneous transport infrastructure under the Transport 25
Infrastructure Act 1994;'. 26
(2) Schedule 5, item 1(o)-- 27
omit, insert-- 28
`(o) transport infrastructure mentioned in schedule 10, definition 29
"development infrastructure";'. 30
s 35 55 s 35
Integrated Planning and Other Legislation
Amendment Bill 2003
35 Amendment of sch 10 (Dictionary)
Clause 1
(1) Schedule 10, definitions "benchmark development sequence", 2
"capital costs", "desired standard of service", "development infrastructure 3
item", "infrastructure charge", "infrastructure charges plan" and "local 4
community purpose"-- 5
omit. 6
(2) Schedule 10-- 7
insert-- 8
` "desired standard of service", for a network of development 9
infrastructure, means the standard of performance stated in the 10
priority infrastructure plan. 11
"development infrastructure" means-- 12
(a) land or works, or both land and works for-- 13
(i) urban and rural residential water cycle management 14
infrastructure (including infrastructure for water supply, 15
sewerage, collecting water, treating water, stream managing, 16
disposing of waters and flood mitigation); or 17
(ii) transport infrastructure (including roads, vehicle lay-bys, 18
traffic control devices, dedicated public transport corridors, 19
public parking facilities predominantly serving a local area, 20
cycle ways, pathways, ferry terminals and the local 21
function, but not any other function, of State-controlled 22
roads); or20 23
(iii) local public parks infrastructure (including playground 24
equipment, playing fields, courts and picnic facilities); or 25
(b) land, and works that ensure the land is suitable for development, 26
for local community facilities, including, for example-- 27
(i) community halls or centres; or 28
(ii) public recreation centres; or 29
(iii) public libraries. 30
20 The chief executive administering the Transport Infrastructure Act 1994 may make
guidelines, including guidelines defining the local function of State-controlled
roads.
s 35 56 s 35
Integrated Planning and Other Legislation
Amendment Bill 2003
"establishment cost", for infrastructure, means-- 1
(a) all costs for the planning and design, financing, land acquisition 2
and construction of the infrastructure; and 3
(b) on-going administration costs for the infrastructure charges 4
schedule for the infrastructure. 5
"infrastructure charge" see section 5.1.6. 6
"infrastructure charges notice" see section 5.1.8. 7
"infrastructure charges plan" means an infrastructure charges plan under 8
this Act before the commencement of the Integrated Planning and 9
Other Legislation Amendment Act 2003, part 2, division 3. 10
"infrastructure charges register" see section 5.7.2. 11
"infrastructure charges schedule" means an infrastructure charges 12
schedule under chapter 5, part 1, division 4. 13
"infrastructure provider", for an application, means a local government 14
that is the assessment manager and-- 15
(a) supplies trunk infrastructure for development; or 16
(b) has an agreement with another entity that supplies trunk 17
infrastructure to the local government area. 18
"non-trunk infrastructure" means development infrastructure that is not 19
trunk infrastructure. 20
"plans for trunk infrastructure" means the part of a priority 21
infrastructure plan that identifies the trunk infrastructure network that 22
exists or may be supplied to service future growth in the local 23
government's area to meet the desired standard of service stated in the 24
plan. 25
"priority infrastructure area", for a local government-- 26
1. "Priority infrastructure area" means-- 27
(a) the existing urban area the local government is satisfied is 28
serviced by trunk infrastructure; and 29
(b) the part of the future urban area that will accommodate at 30
least 10 years, but not more than 15 years, of growth that 31
will not occur in the existing urban area for each of the 32
following-- 33
s 35 57 s 35
Integrated Planning and Other Legislation
Amendment Bill 2003
(i) residential purposes; 1
(ii) retail or commercial purposes; 2
(iii) industrial purposes. 3
2. "Priority infrastructure area" includes an area not mentioned in 4
item 1 that-- 5
(a) the local government decides to include in the area; and 6
(b) is serviced by development infrastructure. 7
"priority infrastructure plan" means the part of a planning scheme 8
that-- 9
(a) identifies the priority infrastructure area; and 10
(b) includes the plans for trunk infrastructure for which there is an 11
infrastructure charges schedule or regulated infrastructure 12
charges schedule; and 13
(c) identifies, if required by a supplier of State infrastructure with a 14
relevant jurisdiction-- 15
(i) a statement of intent for State-controlled roads; or 16
(ii) the roads implementation program under the Transport 17
Infrastructure Act 1994, section 11; and 18
(d) states the assumptions about the type, scale, location and timing 19
of future development on which the plan is based; and 20
(e) states the desired standard of service for each development 21
infrastructure network identified in the plan; and 22
(f) includes any infrastructure charges schedule. 23
"regulated infrastructure charge" see section 5.1.17. 24
"regulated infrastructure charges notice" see section 5.1.18. 25
"regulated infrastructure charges register" see section 5.7.2. 26
"regulated infrastructure charges schedule" see section 5.1.16. 27
"State infrastructure" means any of the following-- 28
(a) State schools infrastructure; 29
(b) public transport infrastructure; 30
(c) State-controlled roads infrastructure; 31
s 36 58 s 36
Integrated Planning and Other Legislation
Amendment Bill 2003
(d) emergency services infrastructure 1
"State infrastructure provider" means a concurrence agency that 2
supplies, or contributes toward the cost of, State infrastructure. 3
"statement of intent", for a State-controlled road, means a statement 4
about the State-controlled road, including proposals for the provision 5
of transport infrastructure included in the roads implementation 6
program under the Transport Infrastructure Act 1994, section 11. 7
"trunk infrastructure" means development infrastructure identified in a 8
priority infrastructure plan as trunk infrastructure.'. 9
Division 4--Other amendments 10
36 Amendment of s 1.3.5 (Definitions for terms used in 11
"development")
Clause 12
(1) Section 1.3.5, definition "building work"-- 13
insert-- 14
`4. "Building work" does not include undertaking-- 15
(a) operations of any kind and all things constructed or installed 16
that allow taking, or interfering with, water (other than 17
using a water truck to pump water) under the Water Act 18
2000; or 19
(b) tidal works.'. 20
(2) Section 1.3.5, definition "operational work"-- 21
omit, insert-- 22
` "operational work"-- 23
1. "Operational work" means-- 24
(a) extracting gravel, rock, sand or soil from the place where it 25
occurs naturally; or 26
(b) conducting a forest practice; or 27
(c) excavating or filling that materially affects premises or their 28
use; or 29
(d) placing an advertising device on premises; or 30
s 37 59 s 37
Integrated Planning and Other Legislation
Amendment Bill 2003
(e) undertaking work in, on, over or under premises that 1
materially affects premises or their use; or 2
(f) clearing vegetation on freehold land; or 3
(g) undertaking operations of any kind and all things 4
constructed or installed that allow taking, or interfering 5
with, water (other than using a water truck to pump water) 6
under the Water Act 2000; or 7
(h) undertaking-- 8
(i) tidal works; or 9
(ii) work in a coastal management district. 10
2. "Operational work" does not include-- 11
(a) for items 1(a) to (f)--any element of the work that is 12
building, drainage or plumbing work; or 13
(b) destroying, disturbing or removing vegetation on land that is 14
not freehold land.'. 15
37 Replacement of ch 1, pt 4 (Uses and rights)
Clause 16
Chapter 1, part 4-- 17
omit, insert-- 18
`PART 4--EXISTING USES AND RIGHTS PROTECTED 19
`1.4.1 Lawful uses of premises on 30 March 1998 20
`To the extent an existing use of premises was lawful immediately before 21
30 March 1998, the use is taken to be a lawful use under this Act on 22
30 March 1998. 23
`1.4.2 Lawful uses of premises protected 24
`(1) Subsection (2) applies if immediately before the commencement of 25
a planning instrument or an amendment of a planning instrument the use of 26
premises was a lawful use of the premises. 27
`(2) Neither the instrument nor the amendment can-- 28
(a) stop the use from continuing; or 29
s 37 60 s 37
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) further regulate the use; or 1
(c) require the use to be changed. 21
2
`1.4.3 Lawfully constructed buildings and works protected 3
`To the extent a building or other work has been lawfully constructed or 4
effected, neither a planning instrument nor an amendment of a planning 5
instrument can require the building or work to be altered or removed. 6
`1.4.4 New planning instruments can not affect existing development 7
approvals 8
`(1) This section applies if-- 9
(a) a development approval exists for premises; and 10
(b) after the approval is given, a new planning instrument or an 11
amendment of a planning instrument commences. 12
`(2) To the extent the approval has not lapsed,22 neither the planning 13
instrument nor the amendment can stop or further regulate the 14
development, or otherwise affect the approval. 15
`1.4.5 Implied and uncommenced right to use premises protected 16
`(1) Subsection (2) applies if-- 17
(a) a development approval comes into effect for a development 18
application; and 19
(b) when the application was properly made, a material change of 20
use, for a use implied by the application, was self-assessable 21
development or exempt development; and 22
(c) after the application was properly made, but before the use 23
started, a new planning instrument, or an amendment of a 24
planning instrument-- 25
21 For development on State land from 30 March 1998 to 31 March 2000, see repealed
section 6.1.40 (Application of ch 1, pt 5).
22 For when approvals lapse, see section 3.5.21 (When approval lapses).
s 38 61 s 38
Integrated Planning and Other Legislation
Amendment Bill 2003
(i) declared the material change of use to be assessable 1
development; or 2
(ii) changed an applicable code for the material change of use. 3
`(2) The use is taken to be a lawful use in existence immediately before 4
the commencement of the new planning instrument or amendment if-- 5
(a) the development, the subject of the approval, is completed within 6
the time stated for completion of the development in-- 7
(i) a permit; or 8
(ii) this Act; and 9
(b) the use of the premises starts within 5 years after the completion. 10
`1.4.6 Strategic port land 11
`Section 1.4.1 applies to lawful uses of strategic port land as if a 12
reference to 30 March 1998 were a reference to 1 December 2000. 13
`1.4.7 State forests 14
`For this Act, each of the following is taken to be an existing lawful use 15
of a State forest-- 16
(a) conservation; 17
(b) conducting a forest practice; 18
(c) grazing; 19
(d) recreation. 20
`1.4.8 Sch 8 may still apply to certain development 21
`Nothing in this part stops development in relation to a lawful use being 22
assessable or self-assessable development under schedule 8 if the 23
development begins after schedule 8 starts to apply to it.'. 24
38 Amendment of s 2.1.2 (Area to which planning schemes apply)
Clause 25
Section 2.1.2-- 26
insert-- 27
s 39 62 s 41
Integrated Planning and Other Legislation
Amendment Bill 2003
`(2) The local government may also apply its planning scheme for 1
assessing prescribed tidal work in its tidal area to the extent stated in a code 2
for prescribed tidal work under this Act.'. 3
39 Replacement of s 2.1.16 (Meaning of "planning scheme policy")
Clause 4
Section 2.1.16-- 5
omit, insert-- 6
`2.1.16 Meaning of "planning scheme policy" 7
`A "planning scheme policy" is an instrument that-- 8
(a) supports the local dimension of a planning scheme; and 9
(b) supports local government actions under this Act for IDAS and 10
for making or amending its planning scheme; and 11
(c) is made by a local government under this division.23'. 12
40 Amendment of s 2.1.18 (Adopting planning scheme policies in 13
planning schemes)
Clause 14
Section 2.1.18-- 15
insert-- 16
`(2) A planning scheme policy must not apply, adopt or incorporate 17
another document prepared by the local government.'. 18
41 Amendment of s 2.1.23 (Local planning instruments have force of 19
law)
Clause 20
Section 2.1.23(4)-- 21
omit, insert-- 22
`(4) A planning scheme policy may only do 1 or more of the following-- 23
(a) state information a local government may request for a 24
development application; 25
23 The Minister also may make a planning scheme policy if the local government fails
to comply with a direction under section 2.3.2.
s 42 63 s 44
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) state the consultation the local government may carry out under 1
section 3.2.5; 2
(c) state actions a local government may take to support the process 3
for making or amending its planning scheme; 4
(d) contain standards identified in a code.'. 5
42 Replacement of s 2.1.25 (Covenants not to be inconsistent with 6
planning schemes)
Clause 7
Section 2.1.25-- 8
omit, insert-- 9
`2.1.25 Covenants not to conflict with planning schemes 10
`Subject to section 3.5.37, a covenant under the Land Act 1994, 11
section 373A(4) or the Land Title Act 1994, section 97A(3)(a) or (b) is of 12
no effect to the extent it conflicts with a planning scheme-- 13
(a) for the land subject to the covenant; and 14
(b) in effect when the document creating the covenant is registered.'. 15
43 Amendment of s 2.4.6 (Repealing State planning policies)
Clause 16
Section 2.4.6(3)-- 17
omit, insert-- 18
`(3) The repeal has effect on and from-- 19
(a) the day the notice is published in the gazette; or 20
(b) if a later day for the repeal is stated in the notice--the later day.'. 21
44 Amendment of s 3.1.2 (Development under this Act)
Clause 22
(1) Section 3.1.2(2)-- 23
omit, insert-- 24
`(2) Schedule 9 identifies development that a planning scheme or a 25
temporary local planning instrument can not declare to be assessable 26
development or self-assessable development.'. 27
(2) Section 3.1.2(3), after `schedule 8'-- 28
s 45 64 s 46
Integrated Planning and Other Legislation
Amendment Bill 2003
insert-- 1
`or 9'. 2
45 Amendment of s 3.1.5 (Approvals under this Act)
Clause 3
Section 3.1.5(1), `assessable' (first occurrence)-- 4
omit. 5
46 Replacement of s 3.1.6 (Preliminary approval may override local 6
planning instrument)
Clause 7
Section 3.1.6-- 8
omit, insert-- 9
`3.1.6 Preliminary approval may override a local planning instrument 10
`(1) This section applies if-- 11
(a) an applicant applies for a preliminary approval; and 12
(b) part of the application states the way in which the applicant seeks 13
the approval to vary the effect of any local planning instrument 14
for the land. 15
`(2) Subsection (3) applies to the extent the application is for-- 16
(a) development that is a material change of use; and 17
(b) the part mentioned in subsection (1)(b). 18
`(3) If the preliminary approval approves the material change of use, the 19
preliminary approval may, in addition to the things an approval may do 20
under part 5, do either or both of the following for development relating to 21
the material change of use-- 22
(a) state that the development is-- 23
(i) assessable development (requiring code or impact 24
assessment); or 25
(ii) self-assessable development; or 26
(iii) exempt development; 27
(b) identify any codes for the development. 28
`(4) Subsection (5) applies to the extent the application is for-- 29
s 47 65 s 47
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) development other than a material change of use; and 1
(b) the part mentioned in subsection (1)(b). 2
`(5) If the preliminary approval approves the development, the 3
preliminary approval may, in addition to the things an approval may do 4
under part 5, do either or both of the following for the development-- 5
(a) state that the development is-- 6
(i) assessable development (requiring code or impact 7
assessment); or 8
(ii) self-assessable development; or 9
(iii) exempt development; 10
(b) identify codes for the development. 11
`(6) To the extent the preliminary approval, by doing either or both of the 12
things mentioned in subsection (3) or (5), is different to the local planning 13
instrument, the approval prevails. 14
`(7) However, subsection (3) or (5) no longer applies to development 15
mentioned in subsection (3)(a) or (5)(a) when the first of the following 16
happens-- 17
(a) the development approved by the preliminary approval and 18
authorised by a later development permit is completed; 19
(b) any time limit for completing the development ends.24 20
`(8) To the extent the preliminary approval is inconsistent with 21
schedule 8 or 9, the preliminary approval is of no effect.'. 22
47 Replacement of ss 3.1.7 and 3.1.8
Clause 23
Sections 3.1.7 and 3.1.8-- 24
omit, insert-- 25
`3.1.7 Assessment manager 26
`(1) The "assessment manager"-- 27
(a) for an application mentioned in schedule 8A--is the entity stated 28
for the application; and 29
24 See section 3.5.31(1)(c) (Conditions generally).
s 47 66 s 47
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) administers and decides an application, but may not always 1
assess all aspects of development for the application.25 2
`(2) If the assessment manager is to be decided by the Minister under 3
schedule 8A, the Minister may instead require the application to be split 4
into 2 or more applications. 5
`(3) If a local government is the assessment manager for development 6
not completely within the local government's planning scheme area-- 7
(a) subsection (1) applies despite the Local Government Act 1993, 8
section 25;26 and 9
(b) to the extent the application is for development for prescribed 10
tidal work, the local government has the jurisdiction to assess the 11
application in addition to any other jurisdiction it may have for 12
assessing the application. 13
`(4) If an individual (however called) is the assessment manager and has 14
1 or more jurisdictions as a concurrence agency, the person is not a 15
concurrence agency but the person's jurisdiction as assessment manager 16
includes each jurisdiction the person would have had as a concurrence 17
agency. 18
`3.1.7A Concurrence agencies if Minister decides assessment manager 19
`(1) This section applies if-- 20
(a) the assessment manager for an application is decided by the 21
Minister; and 22
(b) the Minister is satisfied 1 or more other entities, that are not 23
concurrence agencies for the application, could have been the 24
assessment manager for the application. 25
`(2) The Minister may state that 1 or more of the entities are to be a 26
concurrence agency for the application. 27
25 See section 3.5.3A (When assessment manager must not assess part of an
application)
26 The Local Government Act 1993, section 25--
25 Jurisdiction of local government
Each local government has jurisdiction (the "jurisdiction of local government")
to make local laws for, and otherwise ensure, the good rule and government of, its
territorial unit.
s 48 67 s 49
Integrated Planning and Other Legislation
Amendment Bill 2003
`(3) An entity that becomes a concurrence agency under subsection (2) 1
has the jurisdiction it would have had if it were the assessment manager. 2
`3.1.8 Referral agencies for development applications 3
`(1) A referral agency has, for assessing and responding to the part of a 4
development application giving rise to the referral, the jurisdiction or 5
jurisdictions prescribed under a regulation. 6
`(2) If 2 or more entities prescribed as referral agencies are the same 7
individual (however called), the entities are taken to be a single referral 8
agency with multiple jurisdictions.'. 9
48 Insertion of new ss 3.1.10 and 3.1.11
Clause 10
After section 3.1.9-- 11
insert-- 12
`3.1.10 Self-assessable development and codes 13
`Self-assessable development must comply with applicable codes.27 14
`3.1.11 Native Title Act (Cwlth) 15
`(1) Subsections (2) and (3) apply if an assessment manager takes action 16
under the Native Title Act 1993 (Cwlth), section 24HA or 24KA. 17
`(2) If the assessment manager takes the action before the decision stage 18
starts, the decision stage does not start until the action is completed. 19
`(3) If the assessment manager takes the action after the decision stage 20
has started, the decision stage stops the day after the action is taken and 21
starts again the day after the action is completed.'. 22
49 Replacement of s 3.2.1 (Applying for development approval)
Clause 23
Section 3.2.1-- 24
omit, insert-- 25
27 It is an offence to carry out self-assessable development in contravention of
applicable codes. See section 4.3.2 (Self-assessable development must comply with
codes).
s 49 68 s 49
Integrated Planning and Other Legislation
Amendment Bill 2003
`3.2.1 Applying for development approval 1
`(1) Each application must be made to the assessment manager in the 2
approved form.28 3
`(2) The approved form-- 4
(a) must contain a mandatory requirements part including a 5
requirement for an accurate description of the land; and 6
(b) may contain a supporting information part. 7
`(3) Subject to subsection (12), each application must contain, or be 8
supported by, the written consent of the owner of the land to the making of 9
the application if the application is for-- 10
(a) a material change of use of premises or a reconfiguration of a lot; 11
or 12
(b) work on land below high-water mark and outside a canal as 13
defined under the Coastal Protection and Management Act 1995; 14
or 15
(c) work on rail corridor land as defined under the Transport 16
Infrastructure Act 1994. 17
`(4) Each application must be accompanied by the fee-- 18
(a) if the assessment manager is a local government--fixed by 19
resolution of the local government; or 20
(b) if the assessment manager is another public sector 21
entity--prescribed under a regulation under this or another Act. 22
`(5) To the extent the development involves taking, or interfering with, a 23
State resource prescribed under a regulation, the regulation may require the 24
application to be supported by 1 or more of the following prescribed under 25
the regulation for the development-- 26
(a) evidence of an allocation of, or an entitlement to, the resource; 27
(b) evidence the chief executive of the department administering the 28
resource is satisfied the development is consistent with an 29
allocation of, or an entitlement to, the resource; 30
28 A single application may be made for both a preliminary approval and a
development permit.
s 49 69 s 49
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) evidence the chief executive of the department administering the 1
resource is satisfied the development application may proceed in 2
the absence of an allocation of, or an entitlement to, the resource. 3
`(6) Subsection (3)(b) does not apply for an application to the extent-- 4
(a) subsection (5) applies to the application; or 5
(b) another Act requires the application to be supported by 1 or more 6
of the things mentioned in subsection (5)(a) to (c).29 7
`(7) An application is a "properly made application" if-- 8
(a) the application is made to the assessment manager; and 9
(b) the application is made in the approved form; and 10
(c) the mandatory requirements part of the approved form is 11
correctly completed; and 12
(d) the application is accompanied by the fee for administering the 13
application; and 14
(e) if subsection (6) applies--the application is supported by the 15
evidence required under subsection (5). 16
`(8) The assessment manager may refuse to receive an application that is 17
not a properly made application. 18
`(9) If the assessment manager receives, and after consideration accepts, 19
an application that is not a properly made application, the application is 20
taken to be a properly made application. 21
`(10) Subsection (9) does not apply to an application unless the 22
application contains-- 23
(a) the written consent of the owner of any land to which the 24
application applies; or 25
(b) any evidence required under subsection (5). 26
`(11) For subsection (5), interfering with a State resource includes 27
carrying out development on land other than freehold land. 28
`(12) To the extent the land, the subject of the application, has the benefit 29
of an easement and the development is not inconsistent with the terms of 30
29 See, for example, the Water Act 2000, sections 967, 969 and 971.
s 50 70 s 51
Integrated Planning and Other Legislation
Amendment Bill 2003
the easement, the consent of the owner of the servient tenement is not 1
required.'. 2
50 Replacement of s 3.2.8 (Public scrutiny of applications)
Clause 3
Section 3.2.8-- 4
omit, insert-- 5
`3.2.8 Public scrutiny of applications and related material 6
`(1) The assessment manager must keep, for each application, the 7
following documents available for inspection and purchase-- 8
(a) the application, including any supporting material; 9
(b) any acknowledgment notice; 10
(c) any information request; 11
(d) any properly made submission; 12
(e) any referral agency response. 13
`(2) The documents mentioned in subsection (1) must be kept available 14
for inspection and purchase from the time the assessment manager receives 15
the application until-- 16
(a) the application is withdrawn or lapses; or 17
(b) if paragraph (a) does not apply--the end of the last period during 18
which an appeal may be made against a decision on the 19
application. 20
`(3) Subsection (1) does not apply to supporting material to the extent 21
the assessment manager is satisfied the material contains sensitive security 22
information. 23
`(4) Also, the assessment manager may remove the name, address and 24
signature of each person who made a submission before making the 25
submission available for inspection and purchase.'. 26
51 Replacement of s 3.2.11 (Withdrawing an application)
Clause 27
Section 3.2.11-- 28
omit, insert-- 29
s 52 71 s 54
Integrated Planning and Other Legislation
Amendment Bill 2003
`3.2.11 Withdrawing an application 1
`(1) At any time before the application is decided, the applicant may 2
withdraw the application by giving written notice of the withdrawal to-- 3
(a) the assessment manager; and 4
(b) any referral agency; and 5
(c) if the application requires referral coordination--the chief 6
executive. 7
`(2) If within 1 year of withdrawing the application, the applicant makes 8
a later application that is not substantially different from the withdrawn 9
application, any properly made submission about the withdrawn 10
application is taken to be a properly made submission about the later 11
application.'. 12
52 Amendment of s 3.2.12 (Applications lapse in certain 13
circumstances)
Clause 14
Section 3.2.12(2)(b)-- 15
omit, insert-- 16
`(b) if the next action is complying with section 3.3.8-- 17
(i) for an application required by an enforcement notice or in 18
response to a show cause notice--3 months; or 19
(ii) for any other application--12 months; or'. 20
53 Amendment of s 3.3.4 (Applicant advises assessment manager)
Clause 21
Section 3.3.4(1)(b), `3.3.5(2)'-- 22
omit, insert-- 23
`3.3.5(3)'. 24
54 Replacement of s 3.3.5 (Referral coordination)
Clause 25
Section 3.3.5-- 26
omit, insert-- 27
s 54 72 s 54
Integrated Planning and Other Legislation
Amendment Bill 2003
`3.3.5 Referral coordination 1
`(1) The information requests for an application require coordination 2
("referral coordination") by the chief executive if any of the following 3
apply-- 4
(a) there are 3 or more concurrence agencies; 5
(b) all or part of the development-- 6
(i) is assessable under a planning scheme; and 7
(ii) is prescribed under a regulation; 8
(c) all or part of the development is the subject of an application for 9
a preliminary approval mentioned in section 3.1.6. 10
`(2) However, subsection (1)(b) does not apply if the assessment 11
manager gives the applicant written notice that all or part of the 12
development mentioned in subsection (1)(b) would, in the assessment 13
manager's opinion, be unlikely to have significant effects on the 14
environment. 15
`(3) If referral coordination is required, the applicant must give the chief 16
executive-- 17
(a) a copy of the application and the acknowledgment notice; and 18
(b) the fee prescribed under a regulation; and 19
(c) written notice of the day the applicant complied with 20
section 3.3.3(1) for each referral agency. 21
`(4) If a concurrence agency's functions have been lawfully devolved or 22
delegated to the entity that is the assessment manager, the entity is not 23
counted as a referral agency for subsection (1)(a). 24
`(5) If an application requires referral coordination under subsection (1), 25
section 3.2.3(1)30 applies to the application, despite section 3.2.3(1A).'. 26
30 Section 3.2.3 (Acknowledgment notices generally)
s 55 73 s 58
Integrated Planning and Other Legislation
Amendment Bill 2003
55 Amendment of s 3.3.7 (Information requests to applicant (referral 1
coordination))
Clause 2
Section 3.3.7(2), `3.3.5(2)(d)'-- 3
omit, insert-- 4
`3.3.5(3)(c)'. 5
56 Amendment of s 3.3.14 (Referral agency assessment period)
Clause 6
Section 3.3.14-- 7
insert-- 8
`(2A) The referral agency's assessment period mentioned in 9
subsection (1) applies even if there is no information request period for the 10
application because an EIS is required.'. 11
57 Amendment of s 3.3.15 (Referral agency assesses application)
Clause 12
Section 3.3.15(2)(b) from `, Standard Sewerage'-- 13
omit, insert-- 14
`on building work.'. 15
58 Amendment of s 3.3.18 (Concurrence agency's response powers)
Clause 16
(1) Section 3.3.18(4)-- 17
omit. 18
(2) Section 3.3.18(5)-- 19
omit, insert-- 20
`(5) To the extent a concurrence agency's jurisdiction is about assessing 21
the effects of development on designated land, the concurrence agency 22
may only tell the assessment manager to refuse the application if-- 23
(a) the concurrence agency is satisfied the development would 24
compromise the intent of the designation; and 25
(b) the intent of the designation could not be achieved by imposing 26
conditions on the development approval.'. 27
s 59 74 s 60
Integrated Planning and Other Legislation
Amendment Bill 2003
59 Replacement of s 3.3.19 (Advice agency's response powers)
Clause 1
Section 3.3.19-- 2
omit, insert-- 3
`3.3.19 Advice agency's response powers 4
`(1) An advice agency's response may, within the limits of its 5
jurisdiction, recommend to the assessment manager 1 or more of the 6
following-- 7
(a) the conditions that should attach to any development approval; 8
(b) that any approval should be for part only of the application; 9
(c) that any approval should be a preliminary approval only. 10
`(2) Alternatively, an advice agency's response may, within the limits of 11
its jurisdiction, advise the assessment manager-- 12
(a) it has no advice agency recommendations; or 13
(b) it should refuse the application. 14
`(3) An advice agency's response may also do either or both of the 15
following-- 16
(a) offer other advice to the assessment manager about the 17
application; 18
(b) tell the assessment manager to treat the response as a properly 19
made submission.'. 20
60 Replacement of s 3.4.2 (When notification stage applies)
Clause 21
Section 3.4.2-- 22
omit, insert-- 23
`3.4.2 When the notification stage applies 24
`(1) The notification stage applies to an application if either of the 25
following applies-- 26
(a) any part of the application requires impact assessment; 27
(b) the application is an application to which section 3.1.6 applies. 28
`(2) Subsection (1) applies even if-- 29
(a) code assessment is required for another part of the application; or 30
s 61 75 s 62
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) a concurrence agency advises the assessment manager it requires 1
the application to be refused. 2
`(3) However, subsection (1)(b) does not apply if-- 3
(a) a preliminary approval to which section 3.1.6 applies has been 4
given for land; and 5
(b) the application-- 6
(i) does not seek to change the type of assessment for the 7
development; or 8
(ii) seeks only to change development requiring code 9
assessment to self-assessable development; and 10
(c) a code proposed as part of the application is substantially 11
consistent with a code in the preliminary approval.'. 12
61 Amendment of s 3.4.5 (Notification period for applications)
Clause 13
Section 3.4.5(b)-- 14
omit, insert-- 15
`(b) must not include any business day from 20 December in a 16
particular year to 5 January in the following year, both days 17
inclusive.'. 18
62 Insertion of new s 3.5.3A
Clause 19
After section 3.5.3-- 20
insert-- 21
`3.5.3A When assessment manager must not assess part of an 22
application 23
(1) This section applies to the part of a development application 24
(the "coordinated part") for which, were it a separate development 25
application, there would be a different assessment manager. 26
(2) Despite sections 3.5.4 and 3.5.5, the assessment manager must not 27
assess the development, the subject of the coordinated part.'. 28
s 63 76 s 64
Integrated Planning and Other Legislation
Amendment Bill 2003
63 Amendment of s 3.5.4 (Code assessment)
Clause 1
(1) Section 3.5.4(2)-- 2
insert-- 3
`(c) any relevant State planning policy not identified in the planning 4
scheme as being appropriately reflected in the planning scheme.'. 5
(2) Section 3.5.4-- 6
insert-- 7
`(2A) However, subsection (2)(c) does not apply for the part of an 8
application involving assessment against the Building Act 1975.'. 9
64 Insertion of new s 3.5.5A
Clause 10
After section 3.5.5-- 11
insert-- 12
`3.5.5A Assessment for s 3.1.6 preliminary approvals that override a 13
local planning instrument 14
`(1) Subsection (2) applies to the part of an application for a preliminary 15
approval mentioned in section 3.1.6 that states the way in which the 16
applicant seeks the approval to vary the effect of any applicable local 17
planning instrument for the land. 18
`(2) The assessment manager must assess the part of the application 19
having regard to each of the following-- 20
(a) the common material; 21
(b) the result of the assessment manager's assessment of the 22
development under section 3.5.4 or 3.5.5, or both; 23
(c) the effect the proposed variations would have on any right of a 24
submitter for following applications, with particular regard to the 25
amount and detail of supporting material for the current 26
application available to any submitters; 27
(d) the consistency of the proposed variations with aspects of the 28
planning scheme, other than those sought to be varied; 29
(e) the matters prescribed under a regulation (to the extent they 30
apply to a particular proposal).'. 31
s 65 77 s 65
Integrated Planning and Other Legislation
Amendment Bill 2003
65 Replacement of s 3.5.11 (Decision generally)
Clause 1
Section 3.5.11-- 2
omit, insert-- 3
`3.5.11 Decision generally 4
`(1) In deciding the application, the assessment manager must-- 5
(a) approve all or part of the application and attach to the approval, 6
in the exact form given by the concurrence agency, any 7
concurrence agency conditions; or 8
(b) approve all or part of the application subject to conditions 9
decided by the assessment manager and attach to the approval, in 10
the exact form given by the concurrence agency, any concurrence 11
agency conditions; or 12
(c) refuse the application. 13
`(2) The assessment manager's decision must be based on the 14
assessments made under division 2. 15
`(3) For an approval under subsection (1)(a) or (b), if a concurrence 16
agency's response has, under section 3.3.18(1)(b) or (c), stated an action 17
that must be taken, the assessment manager must also take the action. 18
`(4) If a concurrence agency response has stated that the application 19
must be refused, the assessment manager must refuse the application. 20
`(5) Subsections (1) to (4) do not apply to any part of an application for a 21
preliminary approval mentioned in section 3.1.6 that states the way in 22
which the applicant seeks the approval to vary the effect of any applicable 23
local planning instrument for the land.31 24
`(6) It is declared that-- 25
(a) a development approval includes any conditions-- 26
(i) imposed by the assessment manager; and 27
(ii) a concurrence agency has given in a response under 28
section 3.3.16 or 3.3.17, or an amended response under 29
section 3.3.17; and 30
31 Section 3.5.14A establishes rules for decision making about the part of an
application mentioned in subsection (5).
s 66 78 s 67
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) the assessment manager may give a preliminary approval even 1
though the applicant sought a development permit; and 2
(c) if the assessment manager approves only part of an application, 3
the balance of the application is taken to be refused.'. 4
66 Replacement of s 3.5.13 (Decision if application requires code 5
assessment)
Clause 6
Section 3.5.13-- 7
omit, insert-- 8
`3.5.13 Decision if application requires code assessment 9
`(1) This section applies to any part of the application requiring code 10
assessment. 11
`(2) The assessment manager must approve the application if the 12
assessment manager is satisfied the application complies with all 13
applicable codes whether or not conditions are required for the 14
development to comply with the codes. 15
`(3) Subject to subsection (2), the assessment manager's decision may 16
conflict with an applicable code only if there are enough grounds to justify 17
the decision, having regard to-- 18
(a) the purpose of the code; and 19
(b) any State planning policy not identified in the planning scheme 20
as being appropriately reflected in the planning scheme. 21
`(4) However-- 22
(a) if the application is for building work, the assessment manager's 23
decision must not conflict with the Building Act 1975; and 24
(b) if the decision is made under subsection (3)(a) and the 25
assessment is against a code in a planning scheme--the 26
assessment manager's decision must not compromise the 27
achievement of the desired environmental outcomes for the 28
planning scheme area.'. 29
67 Amendment of s 3.5.14 (Decision if application requires impact 30
assessment)
Clause 31
Section 3.5.14(4)-- 32
s 68 79 s 69
Integrated Planning and Other Legislation
Amendment Bill 2003
omit, insert-- 1
`(4) Subsections (2)(a) and (3) do not apply if compromising the 2
achievement of the desired environmental outcomes for the planning 3
scheme area is necessary to further the outcomes of a State planning policy 4
not identified in the planning scheme as being appropriately reflected in the 5
planning scheme.'. 6
68 Insertion of new s 3.5.14A
Clause 7
After section 3.5.14-- 8
insert-- 9
`3.5.14A Decision if application under s 3.1.6 requires assessment 10
`(1) In deciding the part of an application for a preliminary approval 11
mentioned in section 3.1.6 that states the way in which the applicant seeks 12
the approval to vary the effect of any applicable local planning instrument 13
for the land, the assessment manager must-- 14
(a) approve all or some of the variations sought; or 15
(b) subject to section 3.1.6(3) and (5)--approve different variations 16
from those sought; or 17
(c) refuse the variations sought. 18
`(2) However-- 19
(a) to the extent development applied for under other parts of the 20
application is refused, any variation relating to the development 21
must also be refused; and 22
(b) the assessment manager's decision must not compromise the 23
achievement of the desired environmental outcomes for the 24
planning scheme area; and 25
(c) subsection (1)(a) and (b) applies only to the extent the decision is 26
consistent with any State planning policies not identified in the 27
planning scheme as being appropriately reflected in the planning 28
scheme.'. 29
69 Amendment of s 3.5.15 (Decision notice)
Clause 30
(1) Section 3.5.15(2)-- 31
s 70 80 s 70
Integrated Planning and Other Legislation
Amendment Bill 2003
insert-- 1
`(fa) if all or part of the application is for a preliminary approval 2
mentioned in section 3.1.6 and the assessment manager has 3
approved a variation to an applicable local planning 4
instrument--the variation;'. 5
(2) Section 3.5.15(2)(i)-- 6
omit, insert-- 7
`(i) whether or not there were any properly made submissions about 8
the application and for each properly made submission, the name 9
and address of the principal submitter;'. 10
(3) Section 3.5.15-- 11
insert-- 12
`(6) If the decision notice is given by a private certifier, this section 13
applies subject to section 5.3.5.'. 14
70 Replacement of s 3.5.19 (When approval takes effect)
Clause 15
Section 3.5.19-- 16
omit, insert-- 17
`3.5.19 When approval takes effect 18
`(1) If the application is approved, or approved subject to conditions, the 19
decision notice, or if a negotiated decision notice is given, the negotiated 20
decision notice, is taken to be the development approval and has effect-- 21
(a) if there is no submitter and the applicant does not appeal the 22
decision to the court, from the time-- 23
(i) the decision notice is given; or 24
(ii) if a negotiated decision notice is given--the negotiated 25
decision notice is given; or 26
(b) if there is a submitter and the applicant does not appeal the 27
decision to the court, the earlier of the following-- 28
(i) when the submitter's appeal period ends; 29
(ii) the day the last submitter gives the assessment manager 30
written notice that the submitter will not be appealing the 31
decision; or 32
s 71 81 s 72
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) if an appeal is made to the court, subject to section 4.1.47(2) and 1
the decision of the court under section 4.1.54--when the appeal 2
is finally decided. 3
`(2) If a submitter acts under subsection (1)(b)(ii), the assessment 4
manager must give the applicant a copy of the submitter's notice. 5
`(3) In this section-- 6
"submitter" includes an advice agency that has told the assessment 7
manager to treat its response as a properly made submission.32'. 8
71 Replacement of s 3.5.27 (Certain approvals to be recorded on 9
planning scheme)
Clause 10
Section 3.5.27-- 11
omit, insert-- 12
`3.5.27 Certain approvals to be recorded on planning scheme 13
`(1) Subsection (2) applies if a local government-- 14
(a) gives a development approval and is satisfied the approval is 15
inconsistent with the planning scheme; or 16
(b) gives a development approval mentioned in section 3.1.6; or 17
(c) decides to apply a superseded planning scheme for a purpose 18
mentioned in section 3.2.5(1)(a) or 3.2.5(3)(a). 19
`(2) The local government must-- 20
(a) note the approval or decision on its planning scheme; and 21
(b) give the chief executive written notice of the notation and the 22
land to which the note relates. 23
`(3) The note is not an amendment of the planning scheme. 24
`(4) Failure to comply with subsection (2) does not affect the validity of 25
the approval or decision.'. 26
72 Insertion of new s 3.5.31A
Clause 27
After section 3.5.31-- 28
32 See section 3.3.19 (Advice agency's response powers).
s 73 82 s 74
Integrated Planning and Other Legislation
Amendment Bill 2003
insert-- 1
`3.5.31A Conditions requiring compliance 2
`(1) For a matter prescribed under a regulation, a condition may require a 3
document or work to be assessed for compliance with a condition. 4
`(2) The assessment and the process for the assessment must be carried 5
out in the way prescribed under the regulation.'. 6
73 Amendment of s 3.5.37 (Covenants not to be inconsistent with 7
development approvals)
Clause 8
Section 3.5.37(2)-- 9
omit, insert-- 10
`(2) The covenant is of no effect unless it is entered into-- 11
(a) as a requirement of a condition of a development approval for the 12
application; or 13
(b) under an infrastructure agreement.'. 14
74 Replacement of s 3.6.2 (Notice of direction)
Clause 15
Section 3.6.2-- 16
omit, insert-- 17
`3.6.2 Notice of direction 18
`(1) The Minister may direct the assessment manager, by written notice, 19
to take 1 or more of the following actions or to refuse the application-- 20
(a) to attach to the development approval the conditions stated in the 21
notice; 22
(b) to approve part only of the development; 23
(c) to give a preliminary approval only; 24
(d) for an application to which section 3.1.6 applies-- 25
(i) to approve all or some of the variations sought; or 26
(ii) subject to section 3.1.6(3) and (5)--to approve different 27
variations from those sought; or 28
(iii) to refuse the variations sought. 29
s 75 83 s 77
Integrated Planning and Other Legislation
Amendment Bill 2003
`(2) The notice must state-- 1
(a) the nature of the State interest giving rise to the direction; and 2
(b) the reasons for the Minister's direction. 3
`(3) The Minister must give a copy of the notice to the applicant.'. 4
75 Amendment of s 3.7.4 (Plan for reconfiguring that is not 5
assessable development)
Clause 6
Section 3.7.4(2)-- 7
omit, insert-- 8
`(2) The local government must approve the plan, if-- 9
(a) the plan is consistent with any development permit relevant to the 10
plan; and 11
(b) there are no outstanding rates or charges levied by the local 12
government or expenses that are a charge over the land under any 13
Act.'. 14
76 Amendment of s 4.1.22 (Court may make orders about 15
declarations)
Clause 16
Section 4.1.22(2)-- 17
omit. 18
77 Replacement of s 4.1.28 (Appeals by submitters)
Clause 19
Section 4.1.28-- 20
omit, insert-- 21
`4.1.28 Appeals by submitters 22
`(1) A submitter for a development application may appeal to the court 23
only against-- 24
(a) the part of the approval relating to the assessment manager's 25
decision under section 3.5.14 or 3.5.14A; or 26
s 78 84 s 78
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) for an application processed under section 6.1.28(2)--the part of 1
the approval about the aspects of the development that would 2
have required public notification under the repealed Act. 3
`(2) To the extent an appeal may be made under subsection (1), the 4
appeal may be against 1 or more of the following-- 5
(a) the giving of a development approval; 6
(b) any provision of the approval including-- 7
(i) a condition of, or lack of condition for, the approval; or 8
(ii) the length of a currency period for the approval. 9
`(3) However, a submitter may not appeal if the submitter-- 10
(a) withdraws the submission before the application is decided; or 11
(b) has given the assessment manager a notice under 12
section 3.5.19(1)(b)(ii). 13
`(4) The appeal must be started within 20 business days (the 14
"submitter's appeal period") after the decision notice or negotiated 15
decision notice is given to the submitter.'. 16
78 Amendment of s 4.1.29 (Appeals by advice agency submitters)
Clause 17
(1) Section 4.1.29(1)-- 18
omit, insert-- 19
`(1) Subsection (1A) applies if an advice agency, in its response for an 20
application, told the assessment manager to treat the response as a properly 21
made submission.33 22
`(1A) The advice agency may, within the limits of its jurisdiction, appeal 23
to the court about any part of the approval relating to the assessment 24
manager's decision under section 3.5.14 or 3.5.14A.'. 25
(2) Section 4.1.29-- 26
insert-- 27
33 See section 3.3.19 (Advice agency's response powers).
s 79 85 s 80
Integrated Planning and Other Legislation
Amendment Bill 2003
`(3) However, if the advice agency has given the assessment manager a 1
notice under section 3.5.19(1)(b)(ii), the advice agency may not appeal the 2
decision.'. 3
79 Omission of s 4.1.40 (Certain appellants must obtain information 4
about submitters)
Clause 5
Section 4.1.40-- 6
omit. 7
80 Replacement of s 4.1.41 (Notice of appeal to other parties (div 8))
Clause 8
Section 4.1.41-- 9
omit, insert-- 10
`4.1.41 Notice of appeal to other parties (div 8) 11
`(1) An appellant under division 8 must give written notice of the appeal 12
to-- 13
(a) if the appellant is an applicant-- 14
(i) the chief executive; and 15
(ii) the assessment manager; and 16
(iii) any concurrence agency; and 17
(iv) any principal submitter whose submission has not been 18
withdrawn; and 19
(v) any advice agency treated as a submitter whose submission 20
has not been withdrawn; or 21
(b) if the appellant is a submitter or an advice agency whose 22
response to the development application is treated as a 23
submission for an appeal-- 24
(i) the chief executive; and 25
(ii) the assessment manager; and 26
(iii) any referral agency; and 27
(iv) the applicant; or 28
s 81 86 s 81
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) if the appellant is a person to whom a notice mentioned in 1
section 4.1.30 has been given-- 2
(i) the chief executive; and 3
(ii) the deciding entity; and 4
(iii) any entity that was a concurrence agency or building 5
referral agency for the development application to which the 6
notice relates. 7
`(2) The notice must be given within-- 8
(a) if paragraph (b) does not apply--10 business days after the 9
appeal is started; or 10
(b) if the appellant is a submitter or advice agency whose response to 11
the development application is treated as a submission for an 12
appeal--2 business days after the appeal is started. 13
`(3) The notice must state-- 14
(a) the grounds of the appeal; and 15
(b) if the person given the notice is not the respondent or a 16
co-respondent under section 4.1.43--that the person may, within 17
10 business days after the notice is given, elect to become a 18
co-respondent to the appeal by filing in the court a notice of 19
election in the approved form.'. 20
81 Replacement of s 4.1.43 (Respondent and co-respondents for 21
appeals under div 8)
Clause 22
Section 4.1.43-- 23
omit, insert-- 24
`4.1.43 Respondent and co-respondents for appeals under div 8 25
`(1) Subsections (2) to (8) apply for appeals under sections 4.1.27 26
to 4.1.29. 27
`(2) The assessment manager is the respondent for the appeal. 28
`(3) If the appeal is started by a submitter, the applicant is a 29
co-respondent for the appeal. 30
`(4) Any submitter may elect to become a co-respondent to the appeal. 31
s 82 87 s 83
Integrated Planning and Other Legislation
Amendment Bill 2003
`(5) If the appeal is about a concurrence agency response, the 1
concurrence agency is a co-respondent for the appeal. 2
`(6) If the appeal is only about a concurrence agency response, the 3
assessment manager may apply to the court to withdraw from the appeal. 4
`(7) The respondent and any co-respondents for an appeal are entitled to 5
be heard in the appeal as a party to the appeal. 6
`(8) A person to whom a notice of appeal is required to be given under 7
section 4.1.41 and who is not the respondent or a co-respondent for the 8
appeal may elect to be a co-respondent. 9
`(9) For an appeal under section 4.1.30-- 10
(a) the assessment manager is the respondent; and 11
(b) any entity that was a concurrence agency or a building referral 12
agency for the development application to which a notice under 13
section 3.6.3 relates may elect to become a co-respondent.'. 14
82 Replacement of s 4.1.45 (How a person may elect to be 15
co-respondent)
Clause 16
Section 4.1.45-- 17
omit, insert-- 18
`4.1.45 How an entity may elect to be a co-respondent 19
`An entity that is entitled to elect to be a co-respondent to the appeal may 20
do so, within 10 business days after notice of the appeal is given to the 21
entity, by following the rules of court for the election.'. 22
83 Amendment of s 4.3.1 (Carrying out assessable development 23
without permit)
Clause 24
Section 4.3.1(1), `without a'-- 25
omit, insert-- 26
`unless there is an effective'. 27
s 84 88 s 87
Integrated Planning and Other Legislation
Amendment Bill 2003
84 Amendment of s 4.3.6 (Development or use carried out in 1
emergency)
Clause 2
Section 4.3.6(1)(b), `local government'-- 3
omit, insert-- 4
`assessing authority'. 5
85 Amendment of s 4.3.11 (Giving enforcement notice)
Clause 6
Section 4.3.11(6)-- 7
omit, insert-- 8
`(6) An enforcement notice requiring any person carrying out 9
development to stop carrying out the development may be given by fixing 10
the notice to the premises, or the building or structure on the premises, in a 11
way that a person entering the premises would normally see the notice.'. 12
86 Replacement of s 4.3.15 (Compliance with enforcement notice)
Clause 13
Section 4.3.15-- 14
omit, insert-- 15
`4.3.15 Offences relating to enforcement notices 16
`(1) A person who is given an enforcement notice must comply with the 17
notice. 18
Maximum penalty--1 665 penalty units. 19
`(2) A person must not damage, deface or remove an enforcement notice 20
given under section 4.3.11(6). 21
Maximum penalty--1 665 penalty units.'. 22
87 Replacement of s 4.3.16 (Processing application required by 23
enforcement notice)
Clause 24
Section 4.3.16-- 25
omit, insert-- 26
s 88 89 s 88
Integrated Planning and Other Legislation
Amendment Bill 2003
`4.3.16 Processing application required by enforcement or show cause 1
notice 2
`If a person applies for a preliminary approval or development permit as 3
required by an enforcement notice or in response to a show cause notice, 4
the person-- 5
(a) must not discontinue the application, unless the person has a 6
reasonable excuse; and 7
(b) must take all necessary and reasonable steps to enable the 8
application to be decided as quickly as possible, unless the 9
person discontinues the application with a reasonable excuse; 10
and 11
(c) if the person appeals against the decision on the 12
application--must take all necessary and reasonable steps to 13
enable the appeal to be decided by the court as quickly as 14
possible, unless the person has a reasonable excuse. 15
Maximum penalty--1 665 penalty units.'. 16
88 Insertion of new ch 4, pt 4, div 4
Clause 17
Chapter 4, part 4-- 18
insert-- 19
`Division 4--Appeals about other matters 20
`4.4.15 Appeals for compliance assessment 21
`(1) For an assessment mentioned in section 3.5.31A, a person may 22
appeal-- 23
(a) in the circumstances prescribed under a regulation; and 24
(b) to the entity prescribed in the regulation; and 25
(c) within the time and in the way prescribed under the regulation. 26
`(2) The entity prescribed under the regulation must be the tribunal or 27
the court. 28
`(3) The regulation may prescribe the provisions of part 1 or 2 that are to 29
apply for hearing and deciding the appeal.'. 30
s 89 90 s 89
Integrated Planning and Other Legislation
Amendment Bill 2003
89 Amendment of s 5.3.5 (Private certifier may decide certain 1
development applications and inspect and certify certain works)
Clause 2
(1) Section 5.3.5(4)(c)-- 3
omit, insert-- 4
`(c) all necessary approvals under the Standard Sewerage Law have 5
been given for an on-site sewerage facility related to 6
development on a premises not in a declared service area for a 7
sewerage service under the Water Act 2000.'. 8
(2) Section 5.3.5, example for subsection (4)(c)-- 9
omit, insert-- 10
11
`Example for subsection (4)(c)--
12
If a proposal involves building work in an area that is not a declared service area for a
13
sewerage service and work ancillary to the building work involves the building,
14
installing or changing of an on-site sewerage facility, a private certifier who is engaged
15
to assess and decide the building work application must not decide that application
16
until all necessary approvals under the Standard Sewerage Law are given for the on-site
17
sewerage facility.'.
(3) Section 5.3.5(6)(b)-- 18
omit, insert-- 19
`(b) give the assessment manager the approved form for the 20
documents mentioned in paragraph (a); and 21
(c) if the assessment manager is the local government--pay the fee 22
fixed by the local government under the Local Government Act 23
1993, section 1071A(1)(e) for accepting the documents 24
mentioned in paragraph (a).'. 25
(4) Section 5.3.5-- 26
insert-- 27
`(6A) If the assessment manager is a local government, the local 28
government must, when the private certifier complies with subsection (6), 29
immediately give the private certifier a document ("the 30
acknowledgment") acknowledging the receipt of the fee mentioned in 31
subsection (6)(c). 32
`(6B) If the private certifier approves the application, the private certifier 33
must not give the applicant any of the documents mentioned in 34
s 90 91 s 91
Integrated Planning and Other Legislation
Amendment Bill 2003
subsection (6)(a)(ii) or (iii) until the private certifier has received the 1
acknowledgment from the assessment manager. 2
Maximum penalty for subsection (6B)--40 penalty units. 3
`(6C) If the private certifier approves the application, the private certifier 4
must give the documents mentioned in subsection (6)(a)(ii) and (iii) to the 5
applicant within 5 business days after the day the private certifier receives 6
the acknowledgment.'. 7
(5) Section 5.3.5(7)(b)-- 8
omit, insert-- 9
`(b) if the assessment manager is the local government-- 10
(i) pay the fee fixed by the local government under the Local 11
Government Act 1993, section 1071A(1)(e) for accepting 12
the documents mentioned in paragraph (a); and 13
(ii) give the local government the approved form for the 14
documents.'. 15
(6) Section 5.3.5(8) to (10)-- 16
omit. 17
90 Amendment of s 5.4.2 (Compensation for reduced value of interest 18
in land)
Clause 19
Section 5.4.2(b)-- 20
omit, insert-- 21
`(b) a development application (superseded planning scheme) for a 22
development permit relating to the land has been made; and'. 23
91 Amendment of s 5.4.4 (Limitations on compensation under 24
ss 5.4.2 and 5.4.3)
Clause 25
Section 5.4.4(1)(h)(i) and (ii), `reduced'-- 26
omit, insert-- 27
`significantly reduced'. 28
s 92 92 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
92 Amendment of s 5.7.2 (Documents local government must keep 1
available for inspection and purchase)
Clause 2
Section 5.7.2(1)(g) and (m)-- 3
omit. 4
93 Amendment of s 5.7.6 (Documents chief executive must keep 5
available for inspection and purchase)
Clause 6
(1) Section 5.7.6-- 7
insert-- 8
`(l) each final terms of reference, EIS and EIS assessment report 9
prepared in accordance with chapter 5, part 7A; 10
(m) if the State has entered into a bilateral agreement with the 11
Commonwealth under the Environment Protection and 12
Biodiversity Conservation Act 1999 (Cwlth)--any material the 13
agreement requires to be made publicly available by the State; 14
(n) each guideline issued by the chief executive under section 5.8.8.'. 15
(2) Section 5.7.6-- 16
insert-- 17
`(2) The documents mentioned in subsection (1) may be contained in 18
hard copy or electronic form.'. 19
94 Insertion of new ch 5, pt 7A
Clause 20
Chapter 5-- 21
insert-- 22
`PART 7A--ENVIRONMENTAL IMPACT STATEMENTS 23
`Division 1--Preliminary 24
`5.7A.1 When EIS process applies 25
`(1) This part applies for development prescribed under a regulation, if 26
the development is-- 27
s 94 93 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) or is proposed to be, the subject of a development application; or 1
(b) for community infrastructure intended to be carried out on land 2
proposed to be designated for the infrastructure. 3
`(2) However, if the development is a controlled action under the 4
Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), 5
the chief executive may give the proponent written notice that this part does 6
not apply for the EIS process. 7
`5.7A.2 Purpose of EIS process 8
The purpose of the EIS process is as follows-- 9
(a) to assess-- 10
(i) the potential adverse and beneficial environmental, 11
economic and social impacts of the development; and 12
(ii) management, monitoring, planning and other measures 13
proposed to minimise any adverse environmental impacts of 14
the development; 15
(b) if practicable, to consider feasible alternative ways to carry out 16
the development; 17
(c) to give enough information about the matters mentioned in 18
paragraphs (a) and (b) to the proponent, Commonwealth and 19
State authorities and the public; 20
(d) to prepare or propose an environmental management plan for the 21
development; 22
(e) for development under section 5.7A.1(a)--to help the assessment 23
manager and any concurrence agencies to make an informed 24
decision about the development application; 25
(f) for development under section 5.7A.1(b)--to help the designator 26
to make an informed decision about-- 27
(i) whether or not to proceed with a proposed designation; and 28
s 94 94 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
(ii) if the designation proceeds--the requirements included in 1
the designation;34 2
(g) to meet any assessment requirements under-- 3
(i) the Commonwealth Environment Act for development that 4
is, or includes, a controlled action under that Act; or 5
(ii) a bilateral agreement;35 6
(h) to allow the State to meet its obligations, if any, under a bilateral 7
agreement. 8
`Division 2--EIS process 9
`5.7A.3 Applying for terms of reference 10
`(1) A proponent of development to which this part applies must apply to 11
the chief executive for terms of reference for an EIS for the development. 12
`(2) The application must be made in the approved form and be 13
accompanied by the fee prescribed under a regulation for administering the 14
terms of reference. 15
`(3) If an applicant proposes to make 1 or more applications for 16
preliminary approval for the development, the EIS must be prepared for the 17
first of the applications. 18
`(4) However, if the chief executive agrees that the EIS can be prepared 19
for a stated later application, the EIS must be prepared for that application. 20
`5.7A.4 Draft terms of reference for EIS 21
`(1) Subsection (2) applies-- 22
(a) after the chief executive receives the application; and 23
34 See section 2.6.4.
35 For controlled actions under the Commonwealth Protection and Biodiversity
Conservation Act 1999, see section 67 (What is a controlled action?) of that Act.
For assessment requirements of controlled actions, see chapter 4, part 8 (Assessing
impacts of controlled actions) of that Act.
For bilateral agreements, see chapter 3 (Bilateral agreements) of that Act.
s 94 95 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) if the chief executive, having regard to criteria prescribed under a 1
regulation, is satisfied draft terms of reference for the EIS should 2
be publicly notified; and 3
(c) after consulting the relevant entities mentioned in 4
section 5.7A.13(b) and (c). 5
`(2) The chief executive must prepare draft terms of reference that allow 6
the purposes of the EIS to be achieved for the development. 7
`(3) The chief executive must publish a notice stating each of the 8
following-- 9
(a) a description of the development and of the land on which the 10
development is proposed to be carried out; 11
(b) that the chief executive has prepared draft terms of reference for 12
the EIS; 13
(c) where a copy of the draft terms of reference may be inspected 14
and, on payment of a reasonable fee, purchased; 15
(d) that anyone may make written comments to the chief executive 16
about the draft terms of reference; 17
(e) the day by which comments must be made (the "last day for 18
making comments") and the address for making comments; 19
(f) another matter prescribed under a regulation. 20
`(4) The notice must be published at least once in the way prescribed 21
under a regulation. 22
`(5) The last day for making comments must not be earlier than 23
15 business days after the notice is published. 24
`(6) The fee mentioned in subsection (3)(c) must not be more than the 25
actual cost of producing the copy. 26
`(7) The chief executive must, until the last day for making comments, 27
keep-- 28
(a) a copy of the draft terms of reference available for inspection and 29
purchase; and 30
(b) brief details about the draft terms of reference available on the 31
department's web site on the internet. 32
`(8) Until the last day for making comments, any person may make 33
written comments to the chief executive about the draft terms of reference. 34
s 94 96 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
`(9) Also, the chief executive must give a copy of the notice and the draft 1
terms of reference to-- 2
(a) each local government whose local government area the chief 3
executive is satisfied the draft terms of reference relate; and 4
(b) for development that is, or is proposed to be, the subject of a 5
development application--each entity that is, or would be, a 6
referral agency. 7
`(10) A local government receiving a copy of the draft terms of reference 8
must make the copy available for inspection and purchase until the last day 9
of the comment period. 10
`5.7A.5 Terms of reference for EIS 11
`(1) The chief executive must-- 12
(a) if the chief executive has acted under section 5.7A.4--finalise the 13
terms of reference and give them to the proponent within 14
10 business days after the end of the comment period; or 15
(b) if the chief executive has not prepared draft terms of reference-- 16
(i) prepare draft terms of reference the chief executive is 17
satisfied will allow the purposes of the EIS to be achieved 18
for the development; and 19
(ii) give them to the proponent within 20 business days after the 20
chief executive receives the application. 21
`(2) For subsection (1)(a), the chief executive must take account of any 22
comments received on or before the last day for making comments. 23
`(3) The chief executive may extend the period for preparing or finalising 24
the terms of reference if the chief executive gives the proponent notice of 25
the extension before the period ends. 26
`(4) The notice must state a new day by which the chief executive must 27
give the proponent the terms of reference. 28
`(5) The chief executive must, within 5 business days after the chief 29
executive gave a copy of the terms of reference to the proponent, also give 30
a copy of the terms of reference-- 31
s 94 97 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) to the extent the development for which the terms of reference 1
have been prepared is, or is proposed to be, the subject of a 2
development application to-- 3
(i) the assessment manager and all referral agencies; or 4
(ii) the entities that would be the assessment manager and all 5
referral agencies for a development application for the 6
development, if an application is made; and 7
(b) to the extent the development for which the terms of reference 8
have been prepared is for community infrastructure intended to 9
be carried out on land proposed to be designated for the 10
infrastructure--to the entity who would be the designator under 11
chapter 2, part 6. 12
`5.7A.6 Preparation of draft EIS 13
`(1) The proponent must prepare a draft EIS and give it to the chief 14
executive together with the fee prescribed under a regulation for 15
administering the remaining EIS process. 16
`(2) If the chief executive is satisfied the draft EIS addresses the terms of 17
reference and includes any matters prescribed under a regulation for 18
inclusion in the draft EIS, the chief executive must give the proponent a 19
written notice to that effect. 20
`5.7A.7 Public notification of draft EIS 21
`(1) After the proponent has received notice under section 5.7A.6(2), the 22
proponent must-- 23
(a) publish a notice stating each of the following-- 24
(i) a description of the development and of the land on which 25
the development is proposed to be carried out; 26
(ii) where a copy of the draft EIS and any associated documents 27
decided by the chief executive may be inspected and, on 28
payment of a reasonable fee, purchased; 29
(iii) that anyone may make written submissions to the chief 30
executive about the draft EIS; 31
s 94 98 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
(iv) the day by which submissions must be made (the "last day 1
for making submissions") and the address for making a 2
submission; 3
(v) another matter prescribed under a regulation; and 4
(b) to the extent the development for which the EIS has been 5
prepared is, or is proposed to be, the subject of a development 6
application, give a copy of the draft EIS to-- 7
(i) the assessment manager and all referral agencies; or 8
(ii) the entities that would be the assessment manager and all 9
referral agencies for a development application for the 10
development, if an application is made; and 11
(c) to the extent the development for which the EIS has been 12
prepared is for community infrastructure intended to be carried 13
out on land proposed to be designated for the infrastructure, give 14
a copy of the draft EIS to the entity who would be the designator 15
under chapter 2, part 6. 16
`(2) The notice must be published at least once in the way prescribed 17
under a regulation. 18
`(3) The last day for making submissions must not be earlier than 19
30 business days after the notice is published. 20
`(4) The fee mentioned in subsection (1)(a) must not be more than the 21
actual cost of producing the copy. 22
`(5) The chief executive must, until the last day for making submissions, 23
keep-- 24
(a) a copy of the draft EIS and any associated documents decided by 25
the chief executive available for inspection and purchase; and 26
(b) brief details about the draft EIS available on the department's 27
web site on the internet. 28
`(6) The chief executive must give a copy of the notice and the draft EIS 29
to each local government whose local government area the chief executive 30
is satisfied the EIS relates. 31
`(7) A local government receiving a copy of the draft EIS must make the 32
copy available for inspection and purchase until the last day for making 33
submissions. 34
s 94 99 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
`5.7A.8 Making submissions on draft EIS 1
`(1) Until the last day for making submissions-- 2
(a) any person may make a submission to the chief executive about 3
the draft EIS; and 4
(b) the chief executive must accept properly made submissions about 5
the draft EIS. 6
`(2) However, the chief executive may accept a submission even if the 7
submission is not a properly made submission. 8
`(3) If the chief executive accepts a submission, the person who made the 9
submission may, by notice given to the chief executive-- 10
(a) until the last day for making submissions--amend the 11
submission; or 12
(b) at any time before the chief executive gives the EIS to the 13
assessment manager--withdraw the submission. 14
`5.7A.9 Chief executive evaluates draft EIS, submissions and other 15
relevant material 16
`(1) The chief executive must, after the last day for making submissions 17
and consulting the relevant entities mentioned in section 5.7A.13(b) 18
and (c), consider each of the following-- 19
(a) the draft EIS; 20
(b) all properly made submissions; 21
(c) other submissions accepted by the chief executive about the draft 22
EIS; 23
(d) any other material the chief executive considers is relevant to the 24
draft EIS. 25
`(2) After considering the matters mentioned in subsection (1), the chief 26
executive must give the proponent a notice-- 27
(a) asking the proponent to change the draft EIS in a way stated in 28
the notice; or 29
(b) stating the chief executive has accepted the draft EIS as the EIS 30
for the development. 31
s 94 100 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
`(3) The chief executive's action under subsection (2) must be based on 1
the chief executive's considerations under subsection (1). 2
`(4) If the chief executive asks the proponent to change the draft EIS, the 3
chief executive must, when the chief executive is satisfied with the changed 4
draft EIS, give the proponent a notice stating the chief executive has 5
accepted the changed draft as the EIS for the development. 6
`5.7A.10 EIS assessment report 7
`The chief executive must prepare a report (an "EIS assessment 8
report") about the EIS within 30 business days after the chief executive 9
gave the proponent the notice under section 5.7A.9(2)(b). 10
`5.7A.11 Criteria for preparing report 11
`In preparing the EIS assessment report, the chief executive must 12
consider each of the following-- 13
(a) the terms of reference for the EIS; 14
(b) the EIS; 15
(c) all properly made submissions and any other submissions 16
accepted by the chief executive; 17
(d) any other material the chief executive considers is relevant to 18
preparing the report. 19
`5.7A.12 Required content of report 20
`The EIS assessment report must-- 21
(a) address the adequacy of the EIS in addressing the terms of 22
reference; and 23
(b) address the adequacy of any environmental management plan for 24
the development; and 25
(c) make recommendations about the suitability of the development; 26
and 27
(d) recommend any conditions on which any approval required for 28
the development may be given; and 29
(e) contain any other matter prescribed under a regulation. 30
s 94 101 s 94
Integrated Planning and Other Legislation
Amendment Bill 2003
`5.7A.13 Who the chief executive must give EIS and other material to 1
`The chief executive must, within 5 business days after the chief 2
executive completes the EIS assessment report, give the EIS, copies of all 3
properly made submissions, copies of submissions the chief executive has 4
accepted and the EIS assessment report, to-- 5
(a) the proponent; and 6
(b) to the extent the development for which the EIS has been 7
prepared is, or is proposed to be, the subject of a development 8
application-- 9
(i) the assessment manager and all referral agencies; or 10
(ii) the entities that would be the assessment manager and all 11
referral agencies for a development application for the 12
development, if an application is made; and 13
(c) to the extent the development for which the EIS has been 14
prepared is for community infrastructure intended to be carried 15
out on land proposed to be designated for the infrastructure--the 16
entity who would be the designator under chapter 2, part 6; and 17
(d) another entity prescribed under a regulation. 18
`Division 3--How EIS process affects IDAS 19
`5.7A.14 How IDAS applies for development the subject of an EIS 20
`(1) Subsection (2) applies to a development application to the extent the 21
development is the subject of the EIS. 22
`(2) For the application-- 23
(a) the EIS and the EIS assessment report are part of the supporting 24
material; and 25
(b) sections 3.3.5 to 3.3.13 and the notification stage do not apply; 26
and 27
(c) for development requiring impact assessment--a properly made 28
submission about the draft EIS is taken to be a properly made 29
submission about the application; and 30
s 95 102 s 95
Integrated Planning and Other Legislation
Amendment Bill 2003
(d) if there is a referral agency--the referral agency's assessment 1
period does not start unless the chief executive gives the referral 2
agency the material under section 5.7A.13; and 3
(e) if there is no referral agency--the decision stage does not start 4
unless the chief executive gives the assessment manager the 5
material under section 5.7A.13; and 6
(f) if the application is changed in a way that the development is 7
substantially different--the EIS process starts again for the 8
development. 9
`(3) If the application has not been made, subsection (2) applies only to 10
the extent-- 11
(a) the application is made within 3 months after the chief executive 12
gives the applicant all of the material as required by 13
section 5.7A.13; and 14
(b) the development is substantially the same as the development to 15
which the EIS relates. 16
`(4) The chief executive may extend the time mentioned in 17
subsection (3)(a) at any time before the period ends. 18
`Division 4--How EIS process affects designation 19
`5.7A.15 Matters a designator must consider 20
`(1) Subsection (2) applies to the extent the development, the subject of 21
the EIS, is development for community infrastructure intended to be 22
carried out on land proposed to be designated for the infrastructure. 23
`(2) In fulfilling the designator's duties under sections 1.2.2(1)(a) 24
and 1.2.3(1), the designator must have regard to the EIS and the EIS 25
assessment report.'. 26
95 Amendment of s 5.8.8 (Chief executive may issue guidelines)
Clause 27
Section 5.8.8(2)-- 28
omit, insert-- 29
s 96 103 s 98
Integrated Planning and Other Legislation
Amendment Bill 2003
`(2) Before issuing a guideline, the chief executive must consult about 1
the making of the guideline using the process under schedule 3, part 2 with 2
necessary changes, as if the guideline were a planning scheme policy.'. 3
96 Amendment of ch 6 (Savings and transitionals, repeals and 4
consequential amendments)
Clause 5
(1) Chapter 6, heading-- 6
omit, insert-- 7
`CHAPTER 6--TRANSITIONAL PROVISIONS'. 8
(2) Chapter 6, part 1, heading-- 9
omit, insert-- 10
`PART 1--TRANSITIONAL PROVISIONS FOR 11
INTEGRATED PLANNING ACT 1997'. 12
97 Amendment of s 6.1.20 (Planning scheme policies for 13
infrastructure)
Clause 14
Section 6.1.20-- 15
insert-- 16
`(3A) This section applies despite section 2.1.23.'. 17
98 Amendment of s 6.1.24 (Certain conditions attach to land)
Clause 18
Section 6.1.24(2)-- 19
omit, insert-- 20
`(2) Also, if an application to amend a former planning scheme was, or 21
the conditions attached to an amendment were, approved under the 22
repealed Act or under section 6.1.26 and conditions in relation to either 23
amendment were attached to the land under the repealed Act or 24
section 6.1.26-- 25
(a) if the approval was given before the commencement of this 26
section--the conditions remain attached to the land on and from 27
the commencement of this section and are binding on successors 28
in title; and 29
s 99 104 s 100
Integrated Planning and Other Legislation
Amendment Bill 2003
(b) if the approval was given under section 6.1.26--the conditions 1
remain attached to the land on and from the day the approval was 2
given and are binding on successors in title. 3
`(3) Subsections (1) and (2) apply, despite -- 4
(a) a later amendment of the transitional planning scheme; and 5
(b) the later introduction or amendment of an IPA planning scheme. 6
`(4) In this section-- 7
"former planning scheme" includes any planning scheme made under the 8
repealed Act or an Act repealed by the repealed Act.'. 9
99 Amendment of s 6.1.26 (Effect of commencement on certain 10
applications in progress)
Clause 11
Section 6.1.26-- 12
insert-- 13
`(3) Subsection (4) applies if-- 14
(a) at any time subsection (2) applies for an application mentioned in 15
subsection (1); and 16
(b) applying subsection (2) requires the amendment of a planning 17
scheme; and 18
(b) the local government has an IPA planning scheme. 19
`(4) The Governor in Council may amend the IPA planning scheme 20
using the processes under the repealed Act as if the IPA planning scheme 21
were a former planning scheme.'. 22
100 Amendment of s 6.1.30 (Deciding applications (other than under 23
the Standard Building Regulation))
Clause 24
Section 6.1.30(4) and (5)-- 25
omit, insert-- 26
`(4) If a development application is made for development that under a 27
transitional planning scheme requires an application for the setting of 28
conditions or the issue of a certificate of compliance or similarly endorsed 29
certificate-- 30
s 101 105 s 101
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) the assessment manager may not refuse the application despite 1
section 3.5.11(1)(c);36 but 2
(b) a concurrence agency may still direct the assessment manager to 3
refuse the application. 4
`(5) If the assessment manager does not decide the application 5
mentioned in subsection (4) within the decision making period, the 6
application is taken to have been approved-- 7
(a) without conditions imposed by the assessment manager; and 8
(b) subject to any matter a concurrence agency told the assessment 9
manager under section 3.3.18(1). 10
`(6) However, if a concurrence agency told the assessment manager to 11
refuse the application-- 12
(a) if subsection (4) applies--the assessment manager must refuse 13
the application; or 14
(b) if subsection (5) applies--the application is taken to be refused.'. 15
101 Insertion of new s 6.1.35A
Clause 16
After section 6.1.35-- 17
insert-- 18
`6.1.35A Applications to change conditions of rezoning approvals 19
under repealed Act 20
`(1) This section applies if a person wants to change the conditions 21
attached to an approval given under section 2.19(3)(a) or 4.4(5) of the 22
repealed Act. 23
`(2) A person may-- 24
(a) make a development application to achieve the change; or 25
(b) apply under section 4.3(1) or 4.15(1) of the repealed Act to 26
change the conditions. 27
`(3) If a person applies under subsection (2)(b) the application must be 28
processed by the local government as if the repealed Act had not been 29
repealed.'. 30
36 Section 3.5.11 (Decision generally)
s 102 106 s 103
Integrated Planning and Other Legislation
Amendment Bill 2003
102 Replacement of s 6.1.35C
Clause 1
Section 6.1.35C-- 2
omit, insert-- 3
`6.1.35C Future effect of approvals for applications mentioned in 4
s 3.1.6 5
`(1) Subsection (2) applies if-- 6
(a) a development application in which the applicant sought to vary 7
the effect of a planning scheme in 1 or more of the ways 8
mentioned in section 3.1.6(2), as that section was immediately 9
before the commencement of this section, is made; and 10
(b) the application was made before the commencement of this 11
section; and 12
(c) the application has been, or is, approved. 13
`(2) To the extent the approval does either or both of the following, the 14
approval is valid-- 15
(a) approves the development applied for; 16
(b) does 1 or more of the things mentioned in section 3.1.6(3) 17
or 3.1.6(5), as that section was immediately before the 18
commencement of this section.'. 19
103 Insertion of new s 6.1.45AA
Clause 20
After section 6.1.45-- 21
insert-- 22
`6.1.45AA Rezoning agreements under previous Acts 23
`(1) This section applies to an agreement made for securing the 24
conditions of a rezoning approval if the conditions did not attach to the 25
land, the subject of the approval, and bind successors in title. 26
`(2) To the extent the agreement was validly made, still has effect and is 27
not inconsistent with a condition of a development approval, nothing in the 28
repealed Act or this Act affects the agreement. 29
`(3) However, if an assessment manager is imposing a condition under 30
this Act about infrastructure or a local government is fixing an 31
infrastructure charge under chapter 5, part 1, any amount under the 32
s 104 107 s 104
Integrated Planning and Other Legislation
Amendment Bill 2003
agreement that is payable or has been paid in relation to infrastructure must 1
be taken into consideration.'. 2
104 Amendment of s 6.1.45A (Development control plans under 3
repealed Act)
Clause 4
(1) Section 6.1.45A-- 5
insert-- 6
`(1A) An IPA planning scheme may include a development control plan 7
mentioned in subsection (1) either with or without amendment. 8
`(1B) If a statement in the IPA planning scheme identifies the area of a 9
development control plan included in the scheme, the following 10
subsections apply for the area. 11
`(1C) The repealed Act, the transitional planning scheme and any 12
transitional planning scheme policies continue to apply to the extent 13
necessary to administer the development control plan. 14
`(1D) Sections 6.1.28 to 6.1.30 apply for assessing development 15
applications in the development control plan area. 16
`(1E) The development control plan may include or refer to codes or 17
other measures of the planning scheme. 18
(2) Section 6.1.45A(2)-- 19
insert-- 20
`(c) if the development control plan states that an appeal may be 21
made, and an appeal is made, the appeal is validly made.'. 22
(3) Section 6.1.45A(5)-- 23
omit, insert-- 24
`(5) Subsection (5A) applies to-- 25
(a) a transitional planning scheme that includes the development 26
control plan; or 27
(b) the development control plan, if it is included in an IPA planning 28
scheme. 29
`(5A) A transitional planning scheme or a development control plan, 30
may be amended under-- 31
s 105 108 s 106
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) the provisions of this Act relating to the process for amending a 1
planning scheme; or 2
(b) a process mentioned in subsection (1) to the extent stated in the 3
development control plan. 4
`(5B) A transitional planning scheme policy mentioned in 5
subsection (1C) may be amended under-- 6
(a) the provisions of this Act relating to the process for amending a 7
planning scheme policy; or 8
(b) a process mentioned in subsection (1) to the extent stated in the 9
development control plan.'. 10
(4) Section 6.1.45A(6), `(5)(a)'-- 11
omit, insert-- 12
`(5A)'. 13
105 Amendment of s 6.1.54 (Provisions applying for State-controlled 14
roads)
Clause 15
Section 6.1.54(1)(b)-- 16
omit, insert-- 17
`(b) an IPA planning scheme for which the Minister has given the 18
local government a notice for this section.'. 19
106 Replacement of ch 6, pt 2 (Repeals)
Clause 20
Chapter 6, part 2-- 21
omit, insert-- 22
s 107 109 s 107
Integrated Planning and Other Legislation
Amendment Bill 2003
`PART 2--TRANSITIONAL PROVISIONS FOR 1
INTEGRATED PLANNING AND OTHER LEGISLATION 2
AMENDMENT ACT 2003 3
`Division 1--Transitional provisions generally 4
`6.2.1 Transitional regulations for Integrated Planning and Other 5
Legislation Amendment Act 2003 6
`(1) A regulation (a "transitional regulation") may make provision 7
about a matter for which-- 8
(a) it is necessary to make provision to allow or facilitate the doing 9
of anything to achieve the purposes of the Integrated Planning 10
and Other Legislation Amendment Act 2003; and 11
(b) the Integrated Planning and Other Legislation Amendment Act 12
2003 does not make provision or sufficient provision. 13
`(2) A transitional regulation may have retrospective operation to a day 14
not earlier than the date of assent of the Integrated Planning and Other 15
Legislation Amendment Act 2003. 16
`(3) A transitional regulation must declare it is a transitional regulation. 17
`(4) This section and any transitional regulation expire 1 year after this 18
section commences. 19
`6.2.2 Particular planning scheme policies still valid 20
`(1) This section applies to a planning scheme policy in force at the 21
commencement of this section. 22
`(2) To the extent the policy was valid at the commencement, the policy 23
is still valid despite sections 2.1.16 and 2.1.23.37'. 24
107 Insertion of new s 6.2.3
Clause 25
After section 6.2.2-- 26
37 Section 2.1.16 (Meaning of "planning scheme policy").
Section 2.1.23 (Local planning instruments have force of law)
s 108 110 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
insert-- 1
`6.2.3 When s 3.5.31A applies 2
`Section 3.5.31A applies for applications decided on or after the 3
commencement of this section.'. 4
108 Amendment of sch 4 (Process for making or amending State 5
planning policies)
Clause 6
Schedule 4, section 10-- 7
omit, insert-- 8
`10 Copies of State planning policies to local governments 9
`The chief executive must give each local government the chief 10
executive is satisfied is affected by the State planning policy or amendment 11
a copy of the State planning policy or amendment adopted.'. 12
109 Replacement of sch 8 (Assessable, self-assessable and exempt 13
development)
Clause 14
Schedule 8-- 15
omit, insert-- 16
s 109 111 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
`SCHEDULE 8 1
`PART 1--ASSESSABLE DEVELOPMENT 2
Table 1: Building work
For the Standard Building Regulation1
1 For assessing building work against the Standard Building Regulation,
building work that is not --
(a) self-assessable; and
(b) declared under the Standard Building Regulation to be exempt
development.
1 Table 1, item 1 commenced 30 March 1998
Table 2: Material change of use of premises
For an environmentally relevant activity1
1 Making a material change of use of premises for an environmentally
relevant activity (other than a mining activity or petroleum activity) as
defined under the Environmental Protection Act 1994.
For a brothel2
2 Making a material change of use of premises for a brothel as defined
under the Prostitution Act 1999.
On strategic port land3
3 Making a material change of use of premises on strategic port land that is
inconsistent with the land use plan approved under the Transport
Infrastructure Act 1994, section 171 (Approval of land use plans).
s 109 112 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 2: Material change of use of premises
For a major hazard facility4
4 Making a material change of use of premises for a major hazard facility or
possible major hazard facility as defined under the Dangerous Goods
Safety Management Act 2001.
1 Table 2, item 1 commenced 1 July 1998
2 Table 2, item 3 commenced 1 July 2000
3 Table 2, item 4 commenced 1 December 2000
4 Table 2, item 5 commenced 7 May 2002
s 109 113 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 3: Reconfiguring a lot
Under the Land Title Act 19941
1 Reconfiguring a lot under the Land Title Act 1994, unless the plan of
subdivision necessary for the reconfiguration--
(a) is a building format plan of subdivision that does not
subdivide land on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and
Community Management Act 1997, section 42A,2 of a lot with
common property for a community titles scheme; or
(d) is for the conversion, under the Body Corporate and
Community Management Act 1997, section 42C,3 of lessee
common property within the meaning of that Act to a lot in a
community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under
the Acquisition of Land Act 1967 or otherwise, of land by--
(i) a constructing authority, as defined under that Act, for a
purpose set out in paragraph (a) of the schedule to that
Act; or
(ii) an authorised electricity entity; or
(f) is in relation to land held by the State, or a statutory body
representing the State and the land is being subdivided for a
purpose set out in the Acquisition of Land Act 1967, schedule,
paragraph (a) whether or not the land relates to an acquisition;
or
(g) is for the reconfiguration of a lot comprising strategic port
land as defined in the Transport Infrastructure Act 1994; or
(h) is for the reconfiguration of a South Bank lot within the
corporation area under the South Bank Corporation Act 1989.
1 Table 3, item 1, other than paragraphs (e)(ii) and (h) commenced on 30 March 1998.
2 Body Corporate and Community Management Act 1997, section 42A (Lease)
3 Body Corporate and Community Management Act 1997, section 42C (Effect of
ending of authorisation)
s 109 114 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational works
For clearing native vegetation on freehold land1
1 Operational work that is the clearing of native vegetation on freehold land,
unless the clearing is--
(a) to the extent necessary to build a single residence on a lot and
any reasonable associated building or structure; or
(b) necessary for essential management; or
(c) necessary for routine management in an area that is outside--
(i) an area of high nature conservation value; and
(ii) an area vulnerable to land degradation; and
(iii) a remnant endangered regional ecosystem shown on a
regional ecosystem map; and
(iv) an area of unlawfully cleared vegetation; or
(d) in an urban area, other than an area mentioned in
paragraph (c)(i) or (iii); or
(e) in a non-urban area, other than an area mentioned in
paragraph (c), and is the natural and ordinary consequence of
other assessable development and the total area of the part of
the land on which the development occurs is less than
5 hectares; or
(f) for a mining activity or a petroleum activity as defined under
the Environmental Protection Act 1994; or
(g) by fire under the Fire and Rescue Authority Act 1990; or
(h) for the conservation or restoration of natural areas; or
(i) for ancillary works and encroachments that are carried out in
accordance with requirements specified by gazette notice by the
chief executive under the Transport Infrastructure Act 1994 or
done as required by a contract entered into with the chief
executive under the Transport Infrastructure Act 1994,
section 47.
Associated with reconfiguration2
2 Operational works for the reconfiguration of a lot, if the reconfiguration is
also assessable development.
s 109 115 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational works
For taking, or interfering with, water3
3 Operational work of any kind and for all things constructed or installed that
allow the taking, or interfering with, water (other than using a water truck to
pump water) under the Water Act 2000, if the operations allow, under that
Act--
(a) taking or interfering with, water from a watercourse, lake or
spring (other than under the Water Act 2000, section 20(2), (3)
or (5)) or from a dam constructed on a watercourse; or
(b) taking, or interfering with, artesian water under the Water Act
2000; or
(c) taking, or interfering with--
(i) overland flow water, if the operations are mentioned as
assessable development in a water resource plan under
the Water Act 2000 or prescribed under a regulation under
this or another Act; or
(ii) subartesian water, if the operations are mentioned as
assessable development in a water resource plan under
the Water Act 2000 or prescribed under a regulation under
this or another Act; or
(d) controlling the flow of water into or out of a watercourse, lake
or spring in an area declared under the Water Act 2000 to be a
drainage and embankment area if the operations are declared
under the Water Act 2000 to be assessable development.
For a referrable dam4
4 Operational work that--
(a) is the construction of a referrable dam as defined under the
Water Act 2000; or
(b) will increase the storage capacity of a referrable dam by more
than 10%.
s 109 116 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational works
For tidal work or work within a coastal management district5
5 Operational work that is--
(a) tidal work; or
(b) any of the following carried out completely or partly within a
coastal management district--
(i) interfering with quarry material on State coastal land
above high-water mark;
(ii) disposing of dredge spoil or other solid waste material in
tidal water, other than under an allocation notice under
the Coastal Protection and Management Act 1995;
(iii) draining or allowing drainage or flow of water or other
matter across State coastal land above high-water mark;
(iv) constructing or installing works in a watercourse and not
assessable under item 3 or 4;
(v) reclaiming land under tidal water;
(vi) constructing an artificial waterway associated with the
reconfiguration of a lot;
(vii) constructing an artificial waterway not associated with
the reconfiguring of a lot on land, other than State coastal
land, above high-water mark if the maximum surface area
of water on the waterway is at least 5 000m2;
(viii) constructing a bank or bund wall to establish a ponded
pasture on land, other than State coastal land, above
high-water mark;
(ix) removing or interfering with coastal dunes on land, other
than State coastal land, that is in a erosion prone area and
above high-water mark.
1 Table 4, item 1 commenced 13 September 2000
2 Table 4, item 2 commenced 30 March 1998
3 Table 4, item 3 commenced 19 April 2002
4 Table 4, item 4 commenced 19 April 2002
5 Table 4, item 5 not yet commenced
s 109 117 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 5: Various aspects of development
Development for quarrying in a watercourse or lake
1 All aspects of development for removing quarry material from a
watercourse or lake as defined under the Water Act 2000 if an allocation
notice is required under that Act.
Development on a heritage registered place
2 All aspects of development carried out on a registered place as defined
under the Queensland Heritage Act 1992, other than development--
(a) for which an exemption certificate under that Act has been
issued; or
(b) that is emergency work or excluded under that Act; or
(c) carried out by the State.
s 109 118 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
`PART 2--SELFASSESSABLE DEVELOPMENT 1
Table 1: Building work
By the State, a public sector entity or a local government1
1 Building work carried out by or on behalf of the State, a public sector
entity or a local government, other than building work declared under the
Standard Building Regulation to be exempt development.
For the Standard Building Regulation2
2 For assessing building work against the Standard Building Regulation,
building work declared under the Standard Building Regulation to be
self-assessable development.
1 Table 1, item 1 commenced 30 March 1998
2 Table 1, item 2 commenced 30 March 1998
Table 2
1 Table not used.
Table 3
1 Table not used.
s 109 119 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational work
For taking or interfering with, water1
1 Operational work of any kind and all things constructed or installed for
taking water if the work allows--
(a) taking water from a watercourse, lake or spring under the Water
Act 2000, section 20(3); or
(b) taking, or interfering with--
(i) overland flow water, if the operations are mentioned as
self-assessable development in a water resource plan
under the Water Act 2000 or prescribed under a regulation
under this or another Act; or
(ii) subartesian water, if the operations are mentioned as
self-assessable development in a water resource plan
under the Water Act 2000 or prescribed under a regulation
under this or another Act; or
(c) controlling the flow of water into or out of a watercourse, lake
or spring in an area declared under the Water Act 2000 to be a
drainage and embankment area if the operations are declared
under the Water Act 2000 to be self-assessable development.
1 Table 2, item 1 commenced 19 April 2002
s 109 120 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
`SCHEDULE 8A 1
`ASSESSMENT MANAGER FOR DEVELOPMENT 2
APPLICATIONS 3
Table 1
Item Application type Assessment
manager
Local government planning schemes and local government tidal areas
1 If the application is for-- Local government
(a) development completely in a single
local government area and--
(i) is assessable against the
planning scheme; or
(ii) is for building work that is
assessable against the standard
building regulation;1 or
(iii) is for the reconfiguration of a
lot; or
(iv) is for a brothel as defined under
the Prostitution Act 1999; or
(v) is operational works associated
with the reconfiguration of a
lot; or
(b) prescribed tidal work completely in a
single local government tidal area; or
(c) prescribed tidal work partly in a
single local government tidal area and
in no other local government tidal
area or port authority's strategic port
land tidal area; or
(d) prescribed tidal work starting in a
local government area and extending
into another local government's tidal
area but in no port authority's
strategic port land tidal area.
s 109 121 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
1 Under section 5.3.5(1), an accredited or suitably qualified and experienced private
certifier may receive, assess and decide development applications as if the private
certifier were the assessment manager.
Table 2
Item Application type Assessment
manager
Strategic port land and strategic port land tidal areas
1 If table 1 does not apply and the application is Port authority
for--
(a) development completely in a single
port authority's strategic port land; or
(b) tidal work completely in a single port
authority's strategic port land tidal
area; or
(c) tidal work partly in a single port
authority's strategic port land tidal
area and in no local government tidal
area or another port authority's
strategic port land tidal area.
Table 3
Item Application type Assessment
manager
Environmentally relevant activities
1 If table 1 or 2 does not apply and the application Administering
is for-- authority
(a) development for an environmentally
relevant activity as defined under the
Environmental Protection Act 1994;
and
(b) no other assessable development.
s 109 122 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 3
Item Application type Assessment
manager
Vegetation clearing
2 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Vegetation
(a) operational work for the clearing of Management Act
native vegetation on freehold land; 1999
and
(b) no other assessable development.
Taking or interfering with water
3 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Water Act 2000
(a) operational work for--
(i) the taking or interfering with,
water under the Water Act 2000;
or
(ii) construction of a referrable dam
under the Water Act 2000 or
that will increase the storage
capacity of a referable dam by
more than 10%; and
(b) no other assessable development.
s 109 123 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 3
Item Application type Assessment
manager
Major hazard facilities
4 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Dangerous Goods
(a) material change of use for a major Safety Management
hazard facility or possible major Act 2001
hazard facility as defined in the
Dangerous Goods Safety
Management Act 2001; and
(b) no other assessable development.
Quarrying in a watercourse or lake
5 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Water Act 2000
(a) removing quarry material from a
watercourse or lake as defined under
the Water Act 2000 if an allocation
notice is required under that Act; and
(b) no other assessable development.
Tidal work or work within a coastal management district
6 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Coastal Protection
(a) operational work that is-- and Management Act
(i) tidal work; or 1995
(ii) work carried out completely or
partly within a coastal
management district; and
(b) no other assessable development.
A heritage registered place
7 If table 1 or 2 does not apply and the application Queensland Heritage
is for-- Council
(a) assessable development on a
registered place as defined under the
Queensland Heritage Act 1992; and
(b) no other assessable development.
s 109 124 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4
Item Application type Assessment
manager
Applications involving multiple jurisdictions
1 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
Coastal Protection
(a) 2 or more of the following-- and Management
(i) an environmentally relevant Act 1995, the
activity for which the chief Environmental
executive administering the Protection Act 1994
Environmental Protection Act and the Queensland
1994 is the administering Heritage Act 1992
authority;
(ii) development on contaminated
land;
(iii) operational work that is tidal
work or work carried out
completely or partly within a
coastal management district;
(iv) assessable development on a
registered place as defined in the
Queensland Heritage Act 1992;
and
(b) no other assessable development.
s 109 125 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4
Item Application type Assessment
manager
2 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
Vegetation
(a) 2 or more of the following operational Management Act
work for-- 1999 and the Water
(i) the clearing of native vegetation Act 2000
under the Vegetation
Management Act 1999;
(ii) the taking or interfering with,
water under the Water Act 2000;
(iii) the construction of a referrable
dam under the Water Act 2000 or
that will increase the storage
capacity of a referable dam by
more than 10%;
(ii) removing quarry material from a
watercourse or lake as defined
under the Water Act 2000 if an
allocation notice is required
under that Act; and
(b) no other assessable development.
3 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
(a) development for an environmentally Water Act 2000
relevant activity mentioned in the
Environmental Protection Regulation
1998, schedule 1, item 19 (dredging
material) or item 20 (extracting rock or
other material); and
(b) removing quarry material from a
watercourse or lake as defined under
the Water Act 2000 if an allocation
notice is required under that Act; and
(c) no other assessable development.
s 109 126 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 5
Item Application type Assessment
manager
Decided by the Minister
1 Development not stated in Tables 1 to 4 The Minister
administering this
Act
Table 6
Item Application type Assessment
manager
Concurrence agency assessment manager
1 An application-- The entity that
would have been
(a) for an aspect of development, a the concurrence
concurrence agency, under agency for the
section 3.3.20(1), told the assessment application
manager that approval for the aspect
must be a preliminary approval only;
and
(b) if the preliminary approval states that
the assessment manager does not
require any further assessment of the
proposal in relation to the development
permit; and
(c) if the application is for the
development permit only for the aspect
of development for which the
preliminary approval was given.
s 109 127 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
`SCHEDULE 9 1
`DEVELOPMENT THAT IS EXEMPT FROM 2
ASSESSMENT AGAINST A PLANNING SCHEME38 3
Table 1
1 Table not used.
Table 2: Material change of use of premises
By the State, or an entity acting for the State
1 Making a material change of use of premises implied by building work,
plumbing work, drainage work or operational work if the work was
substantially commenced by the State, or an entity acting for the State,
before 31 March 2000.
For a class 1 or 2 building under the Building Code of Australia (BCA)
2 Making a material change of use of premises for a class 1 or 2 building
under the Building Code of Australia (BCA), part A3 if the use is for
providing support services and short term accommodation for persons
escaping domestic violence.
Table 3: Reconfiguring a lot
Other than a lot within the meaning of the Land Title Act 1994
1 Reconfiguring a lot other than a lot within the meaning of the Land Title
Act 1994.
s 109 128 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 3: Reconfiguring a lot
Under the Land Title Act 1994
2 Reconfiguring a lot under the Land Title Act 1994, if the plan of
subdivision necessary for the reconfiguration--
(a) is a building format plan of subdivision that does not
subdivide land on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and
Community Management Act 1997, section 42A,1 of a lot with
common property for a community titles scheme; or
(d) is for the conversion, under the Body Corporate and
Community Management Act 1997, section 42C,2 of lessee
common property within the meaning of that Act to a lot in a
community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under
the Acquisition of Land Act 1967 or otherwise, of land by--
(i) a constructing authority, as defined under that Act, for a
purpose set out in paragraph (a) of the schedule to that
Act; or
(ii) an authorised electricity entity; or
(f) is in relation to land held by the State, or a statutory body
representing the State, and the land is being subdivided for a
purpose set out in the Acquisition of Land Act 1967, schedule,
paragraph (a), whether or not the land relates to an
acquisition;
(g) is for the reconfiguration of a lot comprising strategic port
land as defined under the Transport Infrastructure Act 1994.
1 Body Corporate and Community Management Act 1997, section 42A (Lease)
2 Body Corporate and Community Management Act 1997, section 42C (Effect of
ending of authorisation)
38 Development listed in schedule 9 can not be made assessable or self-assessable
development against a planning scheme. However, the development may still be
assessable against schedule 8.
s 109 129 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational work
By or on behalf of a public sector entity
1 Operational work or plumbing or drainage work (including maintenance
and repair work) if the work is carried out by or on behalf of a public
sector entity authorised under a State law to carry out the work.
For ancillary works and encroachments
2 Operational work that is ancillary works and encroachments that are
carried out in accordance with requirements specified by gazette notice by
the chief executive under the Transport Infrastructure Act 1994 or done as
required by a contract entered into with the chief executive under the
Transport Infrastructure Act 1994, section 47.
s 109 130 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational work
For substitute railway crossing
3 Operational work for the construction of a substitute railway crossing by a
railway manager in response to an emergency under the Transport
Infrastructure Act 1994, section 100.
Performed by Queensland Rail
4 Operational work performed by Queensland Rail under the Transport
Infrastructure Act 1994, section 150.
Under a rail feasibility investigator's authority
5 Operational work carried out under a rail feasibility investigator's
authority granted under the Transport Infrastructure Act 1994.
Under the Coastal Protection and Management Act 1995, section 70
6 Operational work that is the digging or boring into land by an authorised
person under the Coastal Protection and Management Act 1995,
section 70.
7 Operational work for a navigational aid or sign for maritime navigation.
s 109 131 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 4: Operational work
For subscriber connections
8 Operational work for a subscriber connection.
For agriculture
9 Operational work associated with--
(a) management practices for the conduct of an agricultural use,
other than--
(i) the clearing of native vegetation on freehold land; or
(ii) operations of any kind and all things constructed or
installed for taking, or interfering with, water (other
than using a water truck to pump water) if the
operations are for taking, or interfering with, water
under the Water Act 2000; or
(b) weed or pest control, unless it involves the clearing of native
vegetation on freehold land; or
(c) the use of fire under the Fire and Rescue Authority Act 1990;
or
(d) the conservation or restoration of natural areas; or
(e) the use of premises for forest practices.
For removing quarry material
10 Operational work for removing quarry material from a State forest, timber
reserve, forest entitlement area or Crown land as defined under the
Forestry Act 1959.
s 109 132 s 109
Integrated Planning and Other Legislation
Amendment Bill 2003
Table 5: All aspects of development
Mining and petroleum activities
1 Development for an activity authorised under--
(a) the Mineral Resources Act 1989, including an activity for the
purpose of 1 or more of the following Acts--
· Alcan Queensland Pty. Limited Agreement Act 1965
· Aurukun Associates Agreement Act 1975
· Central Queensland Coal Associates Agreement Act
1968
· Commonwealth Aluminium Corporation Pty. Limited
Agreement Act 1957
· Mount Isa Mines Limited Agreement Act 1985
· Queensland Cement & Lime Company Limited
Agreement Act 1977
· Queensland Nickel Agreement Act 1970
· Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; or
(b) the Petroleum Act 1923 (other than an activity relating to the
construction and operation of an oil refinery); or
(c) the Petroleum (Submerged Lands) Act 1982; or
(d) the Offshore Minerals Act 1998.
2 All aspects of development for a mining activity to which an
environmental authority (mining activities) under the Environmental
Protection Act 1994 applies.
3 All aspects of development for a petroleum activity as defined in the
Environmental Protection Act 1994, section 75.
Directed under a notice, order or direction under a State law
4 All aspects of development a person is directed to carry out under a
notice, order or direction made under a State law.
Community infrastructure activities
5 All aspects of development for community infrastructure prescribed
under a regulation.
South Bank
6 Development within the meaning of the South Bank Corporation
Act 1989, but only until the development completion date under that
Act.'.
s 110 133 s 110
Integrated Planning and Other Legislation
Amendment Bill 2003
110 Amendment of sch 10 (Dictionary)
Clause 1
(1) Schedule 10, definitions "accrediting body" and "properly made 2
application"-- 3
omit. 4
(2) Schedule 10, definitions "minor amendment" and "public sector 5
entity"-- 6
omit. 7
(3) Schedule 10-- 8
insert-- 9
` "administering authority" has the meaning given by the Environmental 10
Protection Act 1994. 11
"ancillary works and encroachments" see the Transport Infrastructure 12
Act 1994, schedule 3. 13
"area of high nature conservation value" means an area of high nature 14
conservation value as defined under the Vegetation Management Act 15
1999. 16
"area of unlawfully cleared vegetation" means an area of unlawfully 17
cleared vegetation as defined under the Vegetation Management Act 18
1999. 19
"area vulnerable to land degradation" means an area vulnerable to land 20
degradation as defined under the Vegetation Management Act 1999. 21
"artificial waterway" means an artificial waterway as defined under the 22
Coastal Protection and Management Act 1995, section 5B. 23
"business day" does not include a day between 26th December of a year 24
and 1 January of the following year. 25
"coastal dune" means a ridge or hillock of sand or other material-- 26
(a) on the coast; and 27
(b) built up by the wind. 28
"coastal management district" means a coastal management district 29
under the Coastal Protection and Management Act 1995, other than 30
an area declared as a coastal management district under section 47(2) 31
of that Act. 32
"EIS" means a document the chief executive is satisfied-- 33
s 110 134 s 110
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) addresses the terms of reference; and 1
(b) without limiting paragraph (a)-- 2
(i) describes the development in sufficient detail to establish its 3
likely environmental effects; and 4
(ii) identifies the likely beneficial and adverse environmental 5
effects of the development; and 6
(iii) states the ways any adverse environmental effects may be 7
mitigated; and 8
(iv) has been prepared using current information, and 9
methodologies that represent best environmental practice. 10
"EIS assessment report" see section 5.7A.10. 11
"erosion prone area" see the Coastal Protection and Management 12
Act 1995. 13
"essential management" means clearing native vegetation-- 14
(a) for establishing or maintaining a fire break sufficient to protect a 15
building, property boundary or paddock; or 16
(b) that is likely to endanger the safety of a person or property on the 17
land because the vegetation is likely to fall; or 18
(c) for maintaining an existing fence, stock yard, shed, road or other 19
built infrastructure; or 20
(d) for maintaining a garden or orchard. 21
"high-water mark" see the Coastal Protection and Management Act 22
1995. 23
"non-urban area" means an area other than an urban area. 24
"ponded pasture" means a permanent or periodic pondage of water in 25
which the dominant plant species are pasture species used for grazing 26
or harvesting. 27
"port authority" see the Transport Infrastructure Act 1994, schedule 3. 28
"prescribed tidal work" means work prescribed under a regulation under 29
this or another Act. 30
"properly made application" see section 3.2.1(7). 31
s 110 135 s 110
Integrated Planning and Other Legislation
Amendment Bill 2003
"quarry material", for schedule 8, part 1, table 4, item 6, means quarry 1
material as defined under the Coastal Protection and Management Act 2
1995. 3
"regional ecosystem map" means a regional ecosystem map as defined 4
under the Vegetation Management Act 1999. 5
"remnant endangered regional ecosystem" means a remnant endangered 6
regional ecosystem as defined under the Vegetation Management 7
Act 1999. 8
"remnant vegetation" means remnant vegetation as defined under the 9
Vegetation Management Act 1999. 10
"routine management" means clearing native vegetation-- 11
(a) to the extent necessary for establishing a necessary fence, road or 12
other built infrastructure that is on less than 5 ha; or 13
(b) that is not remnant vegetation; or 14
(c) for sustainable harvesting of fodder for stock, in drought 15
conditions only. 16
"State coastal land" means State coastal land as defined under the Coastal 17
Protection and Management Act 1995, section 12A. 18
"strategic port land" see the Transport Infrastructure Act 1994, 19
section 171(5). 20
"subscriber connection" means an installation for the sole purpose of 21
connecting a building, structure, caravan or mobile home to a line that 22
forms part of an existing telecommunications network. 23
"supporting material" means any material (including site plans, 24
elevations and supporting reports) about the aspect of the application 25
assessable against or having regard to the planning scheme that-- 26
(a) was given to the assessment manager by the applicant; and 27
(b) is in the assessment manager's possession when the request to 28
inspect and purchase is made. 29
"tidal area", for a local government-- 30
1. "Tidal area", for a local government, means-- 31
(a) to the extent both banks of a tidal river or estuarine delta are 32
in the local government's area, the part of the river or delta 33
below high-water mark that is-- 34
s 110 136 s 110
Integrated Planning and Other Legislation
Amendment Bill 2003
(i) from the mouth of the river or delta as far up the river 1
or delta as the spring tides ordinarily flow and reflow; 2
and 3
(ii) adjacent to the local government's area; and 4
(b) to the extent 1 bank of a tidal river or estuarine delta is in the 5
local government's area, the part of the river or delta 6
between high-water mark and the middle of the river or 7
delta that is-- 8
(i) from the mouth of the river or delta as far up the river 9
or delta as the spring tides ordinarily flow and reflow; 10
and 11
(ii) adjacent to the local government's area; and 12
(c) if the boundary of the local government's area is the 13
high-water mark or is seaward of the high-water mark--the 14
area that is seaward and within 50 m of the high-water 15
mark. 16
2. "Tidal area", for a local government, does not include a tidal area 17
for strategic port land. 18
"tidal area", for strategic port land, means-- 19
(a) to the extent both banks of a tidal river or estuarine delta are part 20
of the strategic port land, the part of the river or delta below 21
high-water mark that is-- 22
(i) from the mouth of the river or delta as far up the river or 23
delta as the spring tides ordinarily flow and reflow; and 24
(ii) adjacent to the strategic port land; and 25
(b) to the extent 1 bank of a tidal river or estuarine delta is part of the 26
strategic port land, the part of the river or delta between 27
high-water mark and the middle of the river or delta that is-- 28
(i) from the mouth of the river or delta as far up the river or 29
delta as the spring tides ordinarily flow and reflow; and 30
(ii) adjacent to the strategic port land; and 31
(c) if the boundary of the strategic port land is the high-water mark 32
or is seaward of the high-water mark--the area that is seaward 33
and within 50 m of the high-water mark. 34
s 110 137 s 110
Integrated Planning and Other Legislation
Amendment Bill 2003
"tidal water" see the Coastal Protection and Management Act 1995. 1
"tidal works"-- 2
1. "Tidal works" means work in, on or above land under tidal water, 3
or land that will or may be under tidal water because of 4
development on or near the land. 5
2. "Tidal works" includes the construction of a basin, boat ramp, 6
breakwater, bridge, dam, dock, dockyard, embankment, groyne, 7
jetty, pipeline, pontoon, power line, seawall, slip, small craft 8
facility, training wall or wharf and works in tidal water 9
necessarily associated with the construction. 10
3. "Tidal works" does not include-- 11
(a) erecting a sign or other structure, including, for example, a 12
navigational aid or sign for maritime navigation, under a 13
direction made under another Act; or 14
(b) building a drain that-- 15
(i) is less than 1 m deep; and 16
(ii) has a cross sectional area less than 2.5 m2; or 17
(c) assessable development under schedule 8, part 1, table 4, 18
item 5(b); or 19
(d) removing quarry material that has accumulated within the 20
boundaries of, or in an area adjoining, a previously 21
approved tidal work to allow the work to be used for the 22
function for which it was approved; or 23
(e) removing quarry material from land under tidal water, if the 24
removal is for no other purpose than the sale of the material. 25
"watercourse", for schedule 8, part 1, table 4, item 5(b)(iv), means a river, 26
creek or stream in which water flows permanently or intermittently-- 27
(a) in a natural channel, whether artificially improved or not; or 28
(b) in an artificial channel that has changed the course of the 29
watercourse. 30
"urban area" means an area identified on a map in a planning scheme as 31
an area for urban purposes, including rural residential purposes and 32
future urban purposes.'. 33
(4) Schedule 10-- 34
s 111 138 s 111
Integrated Planning and Other Legislation
Amendment Bill 2003
insert-- 1
` "minor amendment", of a planning instrument, means an amendment 2
correcting or changing-- 3
(a) an explanatory matter about the instrument; or 4
(b) the format or presentation of the instrument; or 5
(c) a grammatical or mapping error in the instrument; or 6
(d) a factual matter incorrectly stated in the instrument; or 7
(e) redundant or outdated terms. 8
"preliminary consultation period" see schedule 1, section 5(1)(e). 9
"public sector entity"-- 10
1. "Public sector entity" means-- 11
(a) a department or part of a department; or 12
(b) an agency, authority, commission, corporation, 13
instrumentality, office, or other entity, established under an 14
Act for a public or State purpose. 15
2. "Public sector entity" includes a government owned 16
corporation.'. 17
(5) Schedule 10, definition "properly made submission", 18
paragraph (b)-- 19
omit, insert-- 20
`(b) is received-- 21
(i) if the submission is about a draft EIS or a designation--on 22
or before the last day for making the submission; or 23
(ii) if the submission is about a development 24
application--during the notification period; or 25
(iii) in any other case--during the consultation period or 26
preliminary consultation period; and'. 27
111 Act repealed
Clause 28
The Integrated Planning and Other Legislation Amendment Act 2001 is 29
repealed. 30
s 112 139 s 115
Integrated Planning and Other Legislation
Amendment Bill 2003
PART 3--AMENDMENT OF BUILDING ACT 1975 1
112 Act amended in pt 3
Clause 2
This part amends the Building Act 1975. 3
113 Omission of s 46A (Fees for statutory functions)
Clause 4
Section 46A-- 5
omit. 6
PART 4--AMENDMENT OF COASTAL PROTECTION 7
AND MANAGEMENT ACT 1995 8
114 Act amended in pt 4
Clause 9
This part amends the Coastal Protection and Management Act 1995. 10
115 Amendment of s 43B (Relationship of coastal plans with 11
Integrated Planning Act 1997)
Clause 12
Section 43B(2)(c)-- 13
omit, insert-- 14
`(c) section 2.6.7.'. 15
s 116 140 s 117
Integrated Planning and Other Legislation
Amendment Bill 2003
PART 5--AMENDMENT OF COASTAL PROTECTION 1
AND MANAGEMENT AND OTHER LEGISLATION 2
AMENDMENT ACT 2001 3
116 Act amended in pt 5
Clause 4
This part amends the Coastal Protection and Management and Other 5
Legislation Amendment Act 2001. 6
117 Amendment of s 15 (Insertion of new ch 2, pt 3, div 4, and pts 47)
Clause 7
(1) Section 15, inserted section 61ZJ(1)-- 8
omit, insert-- 9
`(1) In assessing the application the chief executive must-- 10
(a) if the chief executive is the assessment manager--consider the 11
potential impact of the development on coastal management; or 12
(b) if the chief executive is a concurrence agency--consider the 13
potential impact of the development on coastal management 14
excluding amenity or aesthetic significance or value.'. 15
(2) Section 15, inserted section 61ZJ(2), all words before 16
paragraph (a)-- 17
omit, insert-- 18
`(2) Without limiting subsection (1), if the chief executive is the 19
assessment manager, the chief executive must consider the following--'. 20
(3) Section 15, inserted section 61ZJ-- 21
insert-- 22
`(2A) Without limiting subsection (1), if the chief executive is a 23
concurrence agency, the chief executive must consider the matters 24
mentioned in subsection (2) other than amenity or places or objects that 25
have aesthetic significance or value.'. 26
(4) Section 15, inserted section 61ZZC(1)-- 27
insert-- 28
`(c) the land is freehold land, including inundated land; or 29
(d) the land is a reserve under the Land Act 1994.'. 30
s 118 141 s 119
Integrated Planning and Other Legislation
Amendment Bill 2003
118 Amendment of s 19 (Insertion of new ch 6, pt 2)
Clause 1
Section 19, after inserted section 120-- 2
insert-- 3
`Division 7--Coastal management plans under Beach Protection Act 4
`121 Transition of coastal management plans 5
`(1) This section applies to a coastal management plan approved under 6
the Beach Protection Act, section 38 and in force immediately before the 7
commencement of this section. 8
`(2) From the commencement, the plan continues in force as if the Beach 9
Protection Act had not been repealed until a regional coastal management 10
plan, replacing the coastal management plan, takes effect.'. 11
119 Amendment of s 21 (Amendment of sch 8 (Assessable, 12
self-assessable and exempt development))
Clause 13
Section 21(3), definition "tidal works"-- 14
omit, insert-- 15
` "tidal works"-- 16
1. "Tidal works" means work in, on or above land under tidal water, 17
or land that will or may be under tidal water because of 18
development on or near the land. 19
2. "Tidal works" includes the construction of a basin, boat ramp, 20
breakwater, bridge, dam, dock, dockyard, embankment, groyne, 21
jetty, pipeline, pontoon, power line, seawall, slip, small craft 22
facility, training wall or wharf and works in tidal water 23
necessarily associated with the construction. 24
3. "Tidal works" does not include-- 25
(a) erecting a sign or other structure, including, for example, a 26
navigational aid or sign for maritime navigation, under a 27
direction made under another Act; or 28
(b) building a drain that-- 29
(i) is less than 1 m deep; and 30
(ii) has a cross sectional area less than 2.5 m2; or 31
s 120 142 s 120
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) assessable development under schedule 8, part 1, table 4, 1
item 5(b); or 2
(d) removing quarry material that has accumulated within the 3
boundaries of, or in an area adjoining, a previously 4
approved tidal work to allow the work to be used for the 5
function for which it was approved; or 6
(e) removing quarry material from land under tidal water, if the 7
removal is for no other purpose than the sale of the 8
material.'. 9
120 Amendment of sch (Minor amendments)
Clause 10
Schedule, item 30, definition "tidal works"-- 11
omit, insert-- 12
` "tidal works"-- 13
1. "Tidal works" means work in, on or above land under tidal water, 14
or land that will or may be under tidal water because of 15
development on or near the land. 16
2. "Tidal works" includes the construction of a basin, boat ramp, 17
breakwater, bridge, dam, dock, dockyard, embankment, groyne, 18
jetty, pipeline, pontoon, power line, seawall, slip, small craft 19
facility, training wall or wharf and works in tidal water 20
necessarily associated with the construction. 21
3. "Tidal works" does not include-- 22
(a) erecting a sign or other structure, including, for example, a 23
navigational aid or sign for maritime navigation, under a 24
direction made under another Act; or 25
(b) building a drain that-- 26
(i) is less than 1 m deep; and 27
(ii) has a cross sectional area less than 2.5 m ; or
2
28
(c) assessable development under schedule 8, part 1, table 4, 29
item 5(b); or 30
(d) removing quarry material that has accumulated within the 31
boundaries of, or in an area adjoining, a previously 32
s 121 143 s 123
Integrated Planning and Other Legislation
Amendment Bill 2003
approved tidal work to allow the work to be used for the 1
function for which it was approved; or 2
(e) removing quarry material from land under tidal water, if the 3
removal is for no other purpose than the sale of the 4
material.'. 5
PART 6--AMENDMENT OF LAND SALES ACT 1984 6
121 Act amended in pt 6
Clause 7
This part amends the Land Sales Act 1984. 8
122 Amendment of s 6 (Definitions)
Clause 9
(1) Section 6, definition "subdivision application"-- 10
omit. 11
(2) Section 6-- 12
insert-- 13
` "development permit" see Integrated Planning Act 1997, schedule 10. 14
"operational work" see Integrated Planning Act 1997, section 1.3.5. 15
"reconfiguring a lot" see Integrated Planning Act 1997, section 1.3.5.'. 16
123 Amendment of s 8 (Restriction on selling)
Clause 17
Section 8(1)(a), (b) and (c)-- 18
omit, insert-- 19
`(a) if there is no operational work for the proposed allotment--there 20
is an effective development permit for reconfiguring a lot for the 21
allotment; or 22
(b) if paragraph (a) does not apply--there is an effective 23
development permit for the operational work associated with 24
reconfiguring a lot for the allotment.'. 25
s 124 144 s 127
Integrated Planning and Other Legislation
Amendment Bill 2003
124 Amendment of s 9 (Identification of land)
Clause 1
(1) Section 9(2)(a)-- 2
omit, insert-- 3
`(a) a copy of any plan for reconfiguring a lot for the allotment 4
forming part of a development permit mentioned in 5
section 8(1)(a);'. 6
(2) Section 9(3)(d)-- 7
omit, insert-- 8
`(d) if a development permit mentioned in section 8(1)(a) is subject to 9
conditions--the conditions;'. 10
125 Amendment of s 10A (Purchaser must be given registrable 11
instrument of transfer and other documents)
Clause 12
Section 10A(3)(b)-- 13
omit, insert-- 14
`(b) for operational work mentioned in section 8(1)(b)--a copy of a 15
plan showing the constructed works (the "as constructed 16
plan");'. 17
PART 7--AMENDMENT OF LOCAL GOVERNMENT 18
ACT 1993 19
126 Act amended in pt 7
Clause 20
This part amends the Local Government Act 1993. 21
127 Amendment of s 854 (Local laws and subordinate local laws about 22
development)
Clause 23
(1) Section 854-- 24
insert-- 25
s 128 145 s 128
Integrated Planning and Other Legislation
Amendment Bill 2003
`(1A) Subsection (1) does not apply for local laws about the following 1
until the local government makes a decision under the Integrated Planning 2
Act 1997, schedule 1, section 1, to prepare its second IPA planning 3
scheme-- 4
(a) gates and grids; 5
(b) levees; 6
(c) advertising devices; 7
(d) roadside dining.'. 8
(2) Section 854(5)-- 9
omit. 10
128 Insertion of new s 919A
Clause 11
After section 919-- 12
insert-- 13
`919A Assessment of impacts on roads from certain activities 14
`(1) This section applies if-- 15
(a) a local government considers the carrying on of an activity 16
prescribed under a regulation is having, or will have, a significant 17
adverse impact on a road under its control; and 18
(b) the activity is not for-- 19
(i) a significant project under the State Development and 20
Public Works Organisation Act 1971; or 21
(ii) development declared under its planning scheme under the 22
Integrated Planning Act 1997 to be assessable development. 23
`(2) The local government may require the entity carrying out the 24
activity to provide information, within a reasonable time, that will enable 25
the local government to assess the impact. 26
`(3) After assessing the impact, the local government may decide to do 27
1 or more of the following-- 28
(a) give the entity a direction about the use of the road to lessen the 29
impact; or 30
(b) require the entity-- 31
s 129 146 s 130
Integrated Planning and Other Legislation
Amendment Bill 2003
(i) to carry out works to lessen the impact; or 1
(ii) to pay an amount as compensation for the impact. 2
`(4) The local government may require the works to be carried out or the 3
amount to be paid before the impact commences or intensifies. 4
`(5) The amount required to be paid under subsection (3)(b)(ii) is a debt 5
payable to the local government and may be recovered in a court of 6
competent jurisdiction. 7
`(6) The regulation mentioned in subsection (1)(a)-- 8
(a) must contain a process under which the local government's 9
decision may be reviewed; and 10
(b) may contain a process for enforcing the decision.'. 11
129 Amendment of s 1071A (Power to fix regulatory fees)
Clause 12
(1) Section 1071A(1)-- 13
insert-- 14
`(e) the performance of a function, other than a function mentioned in 15
paragraphs (a) to (d), imposed on the local government under the 16
Building Act 1975 or the Integrated Planning Act 1997, 17
chapter 5, part 3.39'. 18
(2) Section 1071A-- 19
insert-- 20
`(5) A local law or resolution for subsection (1)(e) must state-- 21
(a) the person liable to pay the regulatory fee; and 22
(b) the period within which the fee must be paid.'. 23
130 Amendment of s 1071E (Register of regulatory fees)
Clause 24
Section 1071E(3)(b)-- 25
insert-- 26
39 Integrated Planning Act 1997, chapter 5 (Miscellaneous), part 3 (Private
certification)
s 131 147 s 132
Integrated Planning and Other Legislation
Amendment Bill 2003
(iv) section 1071A(1)(e)--the provision of the Building Act 1
1975 or the Integrated Planning Act 1997 under which the 2
function is imposed.'. 3
131 Insertion of new ch 19, pt 9
Clause 4
Chapter 19-- 5
insert-- 6
`PART 9--TRANSITIONAL PROVISION FOR 7
INTEGRATED PLANNING AND OTHER LEGISLATION 8
AMENDMENT ACT 2003 9
`1272 Continuation of former fees fixed by local laws or 10
resolutions 11
`The following fees, relating to a function mentioned in 12
section 1071A(1)(e),40 are taken to be regulatory fees fixed under 13
section 1071A-- 14
(a) a fee fixed under the Building Act 1975, section 46A before the 15
commencement of this section; 16
(b) a fee fixed under the Integrated Planning Act 1997, 17
section 5.3.5(8) before the commencement of this section.'. 18
PART 8-- AMENDMENT OF PLUMBING AND 19
DRAINAGE ACT 2002 20
132 Act amended in pt 8
Clause 21
This part amends the Plumbing and Drainage Act 2002. 22
40 Section 1071A (Power to fix regulatory fees)
s 133 148 s 133
Integrated Planning and Other Legislation
Amendment Bill 2003
133 Insertion of new s 86A
Clause 1
After section 86-- 2
insert-- 3
`86A Process for assessing certain regulated work in remote areas 4
`(1) Subsection (2) applies for regulated work-- 5
(a) to be carried out in an area prescribed under a regulation as a 6
remote area; and 7
(b) the local government has, by resolution, declared it is satisfied 8
that in the absence of assessment of the work at the stages 9
prescribed under a regulation by an inspector will not adversely 10
affect public health or safety. 11
`(2) A request for compliance assessment of the work must be-- 12
(a) in the approved form; and 13
(b) made to the local government; and 14
(c) accompanied by the fee fixed by resolution of the local 15
government. 16
`(3) After the work has been completed the local government-- 17
(a) must be given a notice stating that the work complies with the 18
requirements of the Standard Plumbing and Drainage 19
Regulation; and 20
(b) may ask the person who made the request to provide a plan of the 21
completed work. 22
`(4) The request must be decided within 3 business days-- 23
(a) if the local government has not requested a plan of the 24
work--after receiving the notice; or 25
(b) if the local government has requested a plan of the work--after 26
receiving the plan. 27
`(5) The local government must in deciding the request-- 28
(a) give the person making the request a compliance certificate; or 29
(b) refuse to give a compliance certificate. 30
s 134 149 s 135
Integrated Planning and Other Legislation
Amendment Bill 2003
`(6) If the local government gives a compliance certificate, the local 1
government must also give a copy of the certificate to the owner of the 2
premises to which the certificate relates. 3
`(7) If the local government does not decide the request within the time 4
stated in subsection (4), the request is taken to have been refused. 5
`(8) If the local government refuses to give a compliance certificate, the 6
local government must give the person who made the request an 7
information notice about the decision.41 8
`(9) If a local government makes a resolution for subsection (1), the local 9
government must-- 10
(a) give a copy of the resolution to the chief executive; and 11
(b) ensure a copy of it is open to inspection under the Local 12
Government Act 1993.'. 13
134 Amendment of s 87 (Minor work)
Clause 14
Section 87(1)-- 15
omit, insert-- 16
`(1) Subsection (1A) applies if a person carries out minor work 17
prescribed under the Standard Plumbing and Drainage Regulation as 18
notifiable minor work. 19
`(1A) The person must, within 20 business days after carrying out the 20
work, give written notice in the approved form to the local government 21
stating the work has been completed. 22
Maximum penalty for subsection (1A)--10 penalty units.'. 23
135 Amendment of s 90 (Standard Plumbing and Drainage 24
Regulation may prescribe additional requirements and actions)
Clause 25
Section 90(a)-- 26
41 For appeals against the decision, see the Integrated Planning Act 1997, chapter 4
(Appeals, offences and enforcement), part 2 (Building and development tribunals),
divisions 4 to 6.
s 136 150 s 140
Integrated Planning and Other Legislation
Amendment Bill 2003
omit, insert-- 1
`(a) requirements for a plan mentioned in section 85, 86 or 86A; or'. 2
136 Amendment of s 161 (Amendment of s 3 (Definitions))
Clause 3
Section 161(2), definition "self-assessable development"-- 4
omit. 5
137 Amendment of s 187 (Replacement of ss 40 and 41)
Clause 6
Section 187, inserted section 40-- 7
insert-- 8
` `(10) In this section-- 9
"self-assessable development" means all development declared under a 10
local planning instrument to be self-assessable development.'. 11
138 Omission of s 189 (Amendment of s 46A (Fees for statutory 12
functions))
Clause 13
Section 189-- 14
omit. 15
139 Amendment of s 196 (Insertion of new s 4.2.12A)
Clause 16
Section 196, inserted section 4.2.12A(1)(a), `85 or 86'-- 17
omit, insert-- 18
`85, 86 or 86A'. 19
140 Replacement of s 198 (Amendment of s 5.3.5 (Private certifier may 20
decide certain development applications and inspect and certify 21
certain works))
Clause 22
Section 198-- 23
omit, insert-- 24
s 141 151 s 144
Integrated Planning and Other Legislation
Amendment Bill 2003
`198 Amendment of s 5.3.5 (Private certifier may decide certain 1
development applications and inspect and certify certain works) 2
`Section 5.3.5(4)(c)-- 3
omit.'. 4
141 Omission of s 199 (Amendment of sch 8 (Assessable, 5
self-assessable and exempt development))
Clause 6
Section 199-- 7
omit. 8
142 Amendment of s 207 (Amendment of s 5.3.5 (Private certifier may 9
decide certain development applications and inspect and certify 10
certain works))
Clause 11
Section 207(5)-- 12
omit. 13
143 Omission of pt 13 (Amendment of Integrated Planning and Other 14
Legislation Amendment Act 2001)
Clause 15
Part 13-- 16
omit. 17
PART 9--AMENDMENT OF QUEENSLAND 18
INTERNATIONAL TOURIST CENTRE AGREEMENT 19
ACT REPEAL ACT 1989 20
144 Act amended in pt 9
Clause 21
This part amends the Queensland International Tourist Centre 22
Agreement Act Repeal Act 1989. 23
s 145 152 s 147
Integrated Planning and Other Legislation
Amendment Bill 2003
145 Omission of pt 2 (Repeal of act and validation of uses)
Clause 1
Part 2-- 2
omit. 3
PART 10--AMENDMENT OF TRANSPORT 4
INFRASTRUCTURE ACT 1994 5
146 Act amended in pt 10
Clause 6
This part amends the Transport Infrastructure Act 1994. 7
147 Insertion of new s 46A
Clause 8
Chapter 5, part 5, division 1, after section 46-- 9
insert-- 10
`46A Assessment of impacts on State-controlled roads from certain 11
activities 12
`(1) This section applies if-- 13
(a) the chief executive considers the carrying on of an activity 14
prescribed under a regulation is having, or will have, a significant 15
adverse impact on a State-controlled road; and 16
(b) the activity is not for-- 17
(i) a significant project under the State Development and 18
Public Works Organisation Act 1971; or 19
(ii) development declared under a planning scheme under the 20
Integrated Planning Act 1997 to be assessable development. 21
`(2) The chief executive may require the entity carrying out the activity 22
to provide information, within a reasonable time, that will enable the chief 23
executive to assess the impact. 24
`(3) After assessing the impact, the chief executive may decide to do 1 or 25
more of the following-- 26
s 148 153 s 149
Integrated Planning and Other Legislation
Amendment Bill 2003
(a) give the entity a direction about the use of the road to lessen the 1
impact; or 2
(b) require the entity-- 3
(i) to carry out works to lessen the impact; or 4
(ii) to pay an amount as compensation for the impact. 5
`(4) The chief executive may require the works to be carried out or the 6
amount to be paid before the impact commences or intensifies. 7
`(5) The amount required to be paid under subsection (3)(b)(ii) is a debt 8
payable to the chief executive and may be recovered in a court of 9
competent jurisdiction. 10
`(6) The regulation mentioned in subsection (1)(a)-- 11
(a) must contain a process under which the chief executive's 12
decision may be reviewed; and 13
(b) may contain a process for enforcing the decision.'. 14
PART 11--AMENDMENT OF VEGETATION 15
MANAGEMENT ACT 1999 16
148 Act amended in pt 11
Clause 17
This part amends the Vegetation Management Act 1999. 18
149 Amendment of s 21 (Modifying effect on development 19
applications)
Clause 20
Section 21(4), (5) and (6)-- 21
omit, insert-- 22
`(4) For the aspect of the application relating to the clearing of 23
vegetation-- 24
(a) section 3.5.13 of that Act does not apply; and 25
(b) the assessment manager's decision must comply with the 26
applicable code.'. 27
s 150 154 s 151
Integrated Planning and Other Legislation
Amendment Bill 2003
PART 12--AMENDMENT OF WATER ACT 2000 1
150 Act amended in pt 12
Clause 2
This part amends the Water Act 2000. 3
151 Amendment of s 967 (IPA approval for development is subject to 4
approval under this Act)
Clause 5
Section 967(6), `item 9A(a)'-- 6
omit, insert-- 7
`table 4, item 1(a)'. 8
155
Integrated Planning and Other Legislation
Amendment Bill 2003
SCHEDULE 1
MINOR AMENDMENTS OF INTEGRATED 2
PLANNING ACT 1997 3
section 3 4
1 Section 2.6.20, 2.6.21(a), 2.6.23(1)(a) and (b) and 2.6.23(2) 5
`interest'-- 6
omit, insert-- 7
`nominated interest'. 8
2 Section 2.6.21, `interest,'-- 9
omit, insert-- 10
`nominated interest,'. 11
3 Section 2.6.21(b) and (c) and 2.6.23(1)(c), `interest'-- 12
omit, insert-- 13
`designated interest'. 14
4 Section 3.5.33(7A), `assessment manager'-- 15
omit, insert-- 16
`entity'. 17
5 Section 4.3.2A, `or 3.1.6(6)'-- 18
omit. 19
156
Integrated Planning and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
6 Section 4.3.13(1)(a), (d) and (e), first mention, `a development' 1
omit, insert-- 2
`development'. 3
7 Section 5.7.5(3), `The register must include,'-- 4
omit, insert-- 5
`The register must include the following'. 6
8 Section 5.7.5(3)(a), (b), (c), (d) and (e)(v), `; and' 7
omit, insert-- 8
`;'. 9
9 Section 5.7.6(e)(iii), `; and" 10
omit, insert-- 11
`;'. 12
10 Section 5.8.5 (Delegation by Minister)-- 13
relocate and renumber as section 5.8.1A. 14
11 After section 5.8.8-- 15
insert-- 16
`5.8.9 Numbering and renumbering of ch 5, pts 7A and 8 17
`In the next reprint of this Act, chapter 5, parts 7A and 8 must be 18
numbered and renumbered as permitted by the Reprints Act 1992, 19
section 43.'. 20
157
Integrated Planning and Other Legislation
Amendment Bill 2003
SCHEDULE (continued)
12 Section 6.1.1, definition "assessable development", paragraph (b), 1
after `schedule 8'-- 2
insert-- 3
`or schedule 9'. 4
13 Section 6.1.1, definition "self-assessable development", 5
paragraph (b), after `schedule 8'-- 6
insert-- 7
`or schedule 9'. 8
14 Section 6.1.41-- 9
omit. 10
15 Section 6.1.44(2)(c), `the entity that'-- 11
omit, insert-- 12
`if the entity'. 13
16 Section 6.1.51A(2), `1.4.6'-- 14
omit, insert-- 15
`1.4.1'. 16
17 Schedules 1, 2 and 3, `, by resolution,'-- 17
omit. 18
18 Schedule 3, section 7(1)(d), `resolution'-- 19
omit, insert-- 20
`resolution.'. 21
© State of Queensland 2003
AMENDMENTS TO BILL
1
Integrated Planning and Other Legislation
Amendment Bill 2003
INTEGRATED PLANNING AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 32--
At page 51, after line 16--
insert--
`(c) for sections 3.2.4 and 5.1.25, an assumption about the type, scale,
location or timing of future development on which the plan is
based has effect as if the assumption were stated in a priority
infrastructure plan.'.
2 Clause 32--
At page 51, after line 27--
insert--
`(d) for sections 3.2.4 and 5.1.25, an assumption about the type, scale,
location or timing of future development on which the plan is
based has effect as if the assumption were stated in a priority
infrastructure plan.'.
3 Clause 35--
At page 56, lines 1 to 5--
omit, insert--
` "establishment cost", for infrastructure, means--
(a) on-going administration costs for the infrastructure charges
schedule for the infrastructure; and
(b) for future infrastructure--all costs for the design, financing and
construction of the infrastructure and for land acquisition for the
infrastructure; and
2
Integrated Planning and Other Legislation
Amendment Bill 2003
(c) for existing infrastructure--
(i) the cost of reconstructing the same works using
contemporary materials, techniques and technologies; and
(ii) if the land acquisition for the infrastructure was completed
after 1 January 1990--the present value of the amount (if
any) paid by the infrastructure provider for acquiring the
land.'.
4 Clause 35--
At page 56, lines 27 to 33 and page 57, lines 1 to 3--
omit, insert--
`1. "Priority infrastructure area" means the area--
(a) that is developed, or approved for development, for each of
the following purposes--
(i) residential, other than rural residential;
(ii) retail and commercial;
(iii) industrial; and
(b) that will accommodate at least 10 years, but not more than
15 years, of growth for the purposes mentioned in
paragraph (a).'.
5 Clause 35--
At page 57, lines 11 to 13--
omit, insert--
`(b) includes the plans for trunk infrastructure; and'.
6 Clause 104--
At page 107, after line 8--
insert--
3
Integrated Planning and Other Legislation
Amendment Bill 2003
`(1AB) If a proposed IPA planning scheme is to include an unamended
development control plan, schedule 1, sections 3 to 8, 12 to 14 and 17 do
not apply for the development control plan.'.
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