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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Integrated Planning and Other
Legislation Amendment Bill
2004
Queensland
Integrated Planning and Other Legislation
Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Integrated Planning Act 1997
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 1.3.5 (Definitions for terms used in
development) ................................. 6
5 Insertion of new s 2.1.8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.1.8A Amending planning scheme to state compliance
with State planning policy . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 2.1.23 (Local planning instruments have
force of law) .................................... 7
7 Amendment of s 2.5.1 (What are regions) . . . . . . . . . . . . . . . . . . 8
8 Insertion of new ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 1 Preliminary
2.5A.1 Application of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.5A.2 What is the SEQ region . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 SEQ regional coordination committee
2.5A.3 Establishment of SEQ regional coordination
committee .......................... 9
2.5A.4 Functions of SEQ regional coordination committee . . 9
2.5A.5 Membership of SEQ regional coordination
committee ........................... 10
2.5A.6 Dissolution of SEQ regional coordination committee . 10
2.5A.7 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.5A.8 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.5A.9 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 10
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Integrated Planning and Other Legislation
Amendment Bill 2004
Division 3 The SEQ regional plan
2.5A.10 What is the SEQ regional plan . . . . . . . . . . . . . . . . . . 11
2.5A.11 Key elements of the SEQ regional plan . . . . . . . . . . . 11
2.5A.12 The SEQ regional plan may include regulatory
provisions ............................ 12
Division 4 Preparing and making SEQ regional plan
2.5A.13 Regional planning Minister to prepare draft SEQ
regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.5A.14 Notice of and public consultation on draft SEQ
regional plan .......................... 13
2.5A.15 Making SEQ regional plan . . . . . . . . . . . . . . . . . . . . . 14
2.5A.16 Notice of making of SEQ regional plan . . . . . . . . . . . 15
2.5A.17 Regulatory provisions to be ratified by Parliament . . . 15
Division 5 Amending or replacing SEQ regional plan
2.5A.18 Regional planning Minister may amend or replace
SEQ regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2.5A.19 How SEQ regional plan is amended or replaced . . . . 16
2.5A.20 Minor amendments of SEQ regional plan . . . . . . . . . 16
Division 6 Effect of the SEQ regional plan
2.5A.21 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2.5A.22 Local governments to amend planning schemes to
reflect SEQ regional plan . . . . . . . . . . . . . . . . . . . . . . 17
2.5A.23 Effect of SEQ regional plan on other plans, policies
or codes ............................. 18
2.5A.24 Effect of draft regulatory provisions . . . . . . . . . . . . . . 19
9 Amendment of s 3.1.4 (When is a development permit
necessary) ................................... 20
10 Amendment of s 3.2.1 (Applying for development approval) . . . . 21
11 Amendment of s 3.3.15 (Referral agency assesses application) . 21
12 Amendment of s 3.4.2 (When the notification stage applies) . . . . 22
13 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . 22
14 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . 22
15 Amendment of s 3.5.5A (Assessment for s 3.1.6 preliminary
approvals that override a local planning instrument) . . . . . . . . . . 23
16 Amendment of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . 23
17 Amendment of s 3.5.13 (Decision if application requires code
assessment) ...................................... 24
18 Amendment of s 3.5.14 (Decision if application requires
impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
Integrated Planning and Other Legislation
Amendment Bill 2004
19 Amendment of s 3.5.14A (Decision if application under
s 3.1.6 requires assessment) ......................... 24
20 Amendment of s 3.6.7 (Effect of call in) . . . . . . . . . . . . . . . . . . . . 25
21 Insertion of new s 4.3.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4.3.5A Compliance with the SEQ regional plan . . . . . . . . . . . 26
22 Insertion of new s 5.6.3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5.6.3A How infrastructure charges apply for development
under part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Amendment of s 5.7.2 (Documents local government
must keep available for inspection and purchase) . . . . . . . . . . . . 26
24 Amendment of s 5.7.6 (Documents chief executive must keep
available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . 27
25 Amendment of s 5.7.9 (Limited planning and development
certificates) ....................................... 27
26 Amendment of s 5.8.1A (Delegation by Minister) . . . . . . . . . . . . . 27
27 Amendment of s. 5.8.3 (Application of State Development
and Public Works Organisation Act 1971) ............... 27
28 Amendment of s 6.1.25 (Effect of commencement on certain
applications in progress) ............................ 28
29 Amendment of s 6.1.35C (Future effect of approvals for
applications mentioned in s 3.1.6) . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Insertion of new ch 6, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
6.4.1 Effect of SEQ regional plan for assessing and
deciding applications under transitional planning
schemes ............................ 29
31 Amendment of sch 1 (Process for making or amending
planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
32 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 3 Amendment of Integrated Planning and Other Legislation
Amendment Act 2003
33 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
34 Amendment of s 94 (Insertion of new ch 5, pt 7A) . . . . . . . . . . . . 34
35 Amendment of s 115 (Amendment of s 43B (Relationship of
coastal plans with Integrated Planning Act 1997)) . . . . . . . . . . . . 34
Part 4 Amendment of Local Government Act 1993
36 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Amendment of s 854 (Local laws and subordinate local laws
about development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 5 Amendment of Queensland Heritage Act 1992
38 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
39 Amendment of s 35 (Application for exemption certificate) . . . . . 35
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Integrated Planning and Other Legislation
Amendment Bill 2004
40 Amendment of pt 7 (Discovery and protection of objects
and areas) ..................................... 36
41 Amendment of s 44 (Study must be reported) . . . . . . . . . . . . . . . 36
42 Amendment of s 51 (Applying for permit to enter a
protected area) ................................. 37
43 Amendment of s 55 (Functions of authorised persons) . . . . . . . . 37
44 Amendment of s 57H (Issue of warrant). . . . . . . . . . . . . . . . . . . . 37
45 Insertion of new s 67B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
67B Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 38
46 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69 Assessing and deciding applications made before
28 November 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Compliance with approval given under pt 5 of
previous Act ........................... 39
47 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Part 6 Amendment of Primary Industries and Other Legislation
Amendment Act 2003
48 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
49 Amendment of s 80 (Amendment of sch 8) . . . . . . . . . . . . . . . . . 40
50 Amendment of s 81 (Amendment of sch 8A(Assessment
manager for development applications)) . . . . . . . . . . . . . . . . . . . 40
Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Schedule
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Schedule 8 Assessable development and self-assessable
development
2004
A BILL
for
An Act to amend the Integrated Planning Act 1997, and for
other purposes
s1 6 s4
Integrated Planning and Other Legislation
Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Integrated Planning and Other 4
Legislation Amendment Act 2004. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Integrated 8
Planning Act 1997 9
Clause 3 Act amended in pt 2 and sch 10
This part and the schedule amend the Integrated Planning 11
Act 1997.1 12
4 Amendment of s 1.3.5 (Definitions for terms used in 13
development)
Clause 14
(1) Section 1.3.5, definition operational work, item 1(f), after 15
vegetation-- 16
insert-- 17
`, including vegetation'. 18
(2) Section 1.3.5, definition operational work, item 2(b)-- 19
1 Before the amendments in part 2 and the schedule commence, the Integrated
Planning Act 1997 will be further amended by certain sections of the Integrated
Planning and Other Legislation Amendment Bill 2003 that have not yet commenced.
s5 7 s6
Integrated Planning and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`(b) clearing vegetation on-- 2
(i) a forest reserve under the Nature 3
Conservation Act 1992; or 4
(ii) a protected area under the Nature 5
Conservation Act 1992, section 28; or 6
(iii) an area declared as a state forest or timber 7
reserve under the Forestry Act 1959; or 8
(iv) a forest entitlement area under the Land Act 9
1994.'. 10
Clause 5 Insertion of new s 2.1.8A 11
Chapter 2, part 1, division 3, after section 2.1.8-- 12
insert-- 13
`2.1.8A Amending planning scheme to state compliance 14
with State planning policy 15
`(1) This section applies if the Minister gives written notice to a 16
local government identifying a State planning policy, or part 17
of a State planning policy, the Minister is satisfied is 18
appropriately reflected in the planning scheme. 19
`(2) The local government may amend the planning scheme by 20
stating in the planning scheme the State planning policy, or 21
part of a State planning policy, identified under 22
subsection (1). 23
`(3) Schedule 1 does not apply for making the amendment. 24
`(4) An amendment under this section, has effect on and from the 25
day the amendment is adopted by the local government.'. 26
Amendment of s 2.1.23 (Local planning instruments have
6 27
force of law)
Clause 28
Section 2.1.23(4)-- 29
insert-- 30
s7 8 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
`(e) include guidelines or advice about satisfying assessment 1
criteria in the planning scheme.'. 2
Clause 7 Amendment of s 2.5.1 (What are regions) 3
Section 2.5.1(a), `regions'-- 4
omit, insert-- 5
`regions, other than the SEQ region'. 6
Clause 8 Insertion of new ch 2, pt 5A 7
Chapter 2-- 8
insert-- 9
`Part 5A Regional planning in the SEQ 10
region 11
`Division 1 Preliminary 12
`2.5A.1 Application of part 13
`This part only applies to the SEQ region. 14
`2.5A.2 What is the SEQ region 15
`(1) The SEQ region is the local government areas of the 16
following local governments-- 17
· Beaudesert Shire Council; 18
· Boonah Shire Council; 19
· Brisbane City Council; 20
· Caboolture Shire Council; 21
· Caloundra City Council; 22
· Esk Shire Council; 23
· Gatton Shire Council; 24
· Gold Coast City Council; 25
s8 9 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
· Ipswich City Council; 1
· Kilcoy Shire Council; 2
· Laidley Shire Council; 3
· Logan City Council; 4
· Maroochy Shire Council; 5
· Noosa Shire Council; 6
· Pine Rivers Shire Council; 7
· Redcliffe City Council; 8
· Redland Shire Council; 9
· Toowoomba City Council. 10
`(2) The SEQ region also includes Queensland waters adjacent to 11
any of the local government areas mentioned in 12
subsection (1). 13
`Division 2 SEQ regional coordination 14
committee 15
`2.5A.3 Establishment of SEQ regional coordination 16
committee 17
`The regional planning Minister must establish an SEQ 18
regional coordination committee. 19
`2.5A.4 Functions of SEQ regional coordination committee 20
`The SEQ regional coordination committee's function is to 21
advise the Government, through the regional planning 22
Minister, about the development and implementation of the 23
SEQ regional plan. 24
s8 10 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
`2.5A.5 Membership of SEQ regional coordination 1
committee 2
`(1) The SEQ regional coordination committee has the 3
membership decided by the regional planning Minister and 4
published in the gazette. 5
`(2) A member of the SEQ regional coordination committee must 6
be-- 7
(a) a Minister; or 8
(b) a mayor or councillor of a local government of the 9
region; or 10
(c) an appropriately qualified person. 11
`2.5A.6 Dissolution of SEQ regional coordination committee 12
`The regional planning Minister may dissolve the SEQ 13
regional coordination committee at any time. 14
`2.5A.7 Quorum 15
`A quorum for a meeting of the SEQ regional coordination 16
committee is 1 more than half the number of members of the 17
committee. 18
`2.5A.8 Presiding at meetings 19
`(1) The regional planning Minister presides at all meetings of the 20
SEQ regional coordination committee. 21
`(2) If the regional planning Minister is absent, the member 22
nominated by the Minister must preside. 23
`2.5A.9 Conduct of meetings 24
`(1) Meetings of the SEQ regional coordination committee must 25
be conducted at the time and place the regional planning 26
Minister decides. 27
s8 11 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
`(2) The SEQ regional coordination committee must conduct its 1
business and proceedings at meetings in the way it decides 2
from time to time. 3
`Division 3 The SEQ regional plan 4
`2.5A.10 What is the SEQ regional plan 5
`(1) The SEQ regional plan is the instrument made by the regional 6
planning Minister under section 2.5A.15(2). 7
`(2) The SEQ regional plan is a statutory instrument under the 8
Statutory Instruments Act 1992 and has the force of law. 9
`2.5A.11 Key elements of the SEQ regional plan 10
`The regional planning Minister must be satisfied that the 11
SEQ regional plan-- 12
(a) identifies-- 13
(i) the desired regional outcomes for the SEQ region; 14
and 15
(ii) the policies and actions for achieving the desired 16
regional outcomes; and 17
(b) identifies the desired future spacial structure of the 18
region including-- 19
(i) a future regional land use pattern; and 20
(ii) provision for regional infrastructure to service the 21
future regional land use pattern, to inform-- 22
(A) local governments when preparing priority 23
infrastructure plans; and 24
(B) the State, local governments and other 25
entities about infrastructure plans and 26
investments; and 27
(iii) key regional environmental, economic and cultural 28
resources-- 29
s8 12 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
(A) to be preserved, maintained or developed; 1
and 2
(B) the way the resources are to be preserved, 3
maintained or developed; and 4
(iv) for paragraph (b)(iii), regional landscape areas; 5
and 6
(c) includes any other relevant regional planning matter for 7
this Act. 8
`2.5A.12 The SEQ regional plan may include regulatory 9
provisions 10
`(1) The SEQ regional plan may include regulatory provisions. 11
`(2) The regulatory provisions may-- 12
(a) declare development to be assessable or self-assessable 13
development; and 14
(b) require impact or code assessment, or both impact and 15
code assessment, for assessable development, including 16
assessable development mentioned in paragraph (a); and 17
(c) include a code for IDAS; and 18
(d) otherwise regulate development by, for example, stating 19
aspects of development that may not occur in stated 20
localities; and 21
(e) state transitional arrangements for development 22
applications affected by the regulatory provisions. 23
`(3) To the extent the regulatory provisions do any of the matters 24
mentioned in subsection (2)(a) to (c), the regulatory 25
provisions-- 26
(a) are taken to be a temporary local planning instrument; 27
and 28
(b) despite section 2.1.10(1), continue to apply for a local 29
government area until the planning scheme, or an 30
amendment of the planning scheme, reflecting the 31
s8 13 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
matters mentioned in subsection (2)(a) to (c) takes 1
effect.2 2
`Division 4 Preparing and making SEQ regional 3
plan 4
`2.5A.13 Regional planning Minister to prepare draft SEQ 5
regional plan 6
`(1) The regional planning Minister must prepare a draft SEQ 7
regional plan. 8
`(2) The regional planning Minister must consult the SEQ regional 9
coordination committee about preparing the draft SEQ 10
regional plan. 11
`2.5A.14 Notice of and public consultation on draft SEQ 12
regional plan 13
`(1) When the regional planning Minister has prepared the draft 14
SEQ regional plan, the regional planning Minister must 15
publish a notice-- 16
(a) in the gazette; and 17
(b) at least once in a newspaper circulating generally in the 18
SEQ region. 19
`(2) The notice must state the following-- 20
(a) that the draft SEQ regional plan is available for 21
inspection and purchase; 22
(b) where copies of the draft SEQ regional plan are 23
available for inspection and purchase; 24
(c) a contact telephone number for information about the 25
draft SEQ regional plan; 26
(d) that written submissions about any aspect of the draft 27
SEQ regional plan may be given to the regional 28
planning Minister by any person; 29
2 See also section 2.5A.24 (Effect of draft regulatory provisions).
s8 14 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
(e) the period (the consultation period) during which the 1
submissions may be made; 2
(f) the requirements for a properly made submission for 3
this section. 4
`(3) The consultation period must be for at least 60 business days 5
after the day the notice is published in the gazette. 6
`(4) The regional planning Minister must send a copy of the notice 7
and the draft SEQ regional plan to each local government in 8
the SEQ region. 9
`(5) The regional planning Minister may send a copy of the notice 10
and the draft SEQ regional plan to any other entity the 11
regional planning Minister considers appropriate. 12
`(6) For all of the consultation period, the regional planning 13
Minister must keep a copy of the draft SEQ regional plan 14
available for inspection and purchase. 15
`(7) The regional planning Minister may, during the consultation 16
period, amend, replace or remove the draft regulatory 17
provisions. 18
`2.5A.15 Making SEQ regional plan 19
`(1) The regional planning Minister must-- 20
(a) consider every properly made submission about the 21
draft SEQ regional plan; and 22
(b) consult with the SEQ regional coordination committee 23
about making the SEQ regional plan. 24
`(2) After the regional planning Minister has acted under 25
subsection (1), the regional planning Minister may-- 26
(a) make the SEQ regional plan as provided for in the draft 27
SEQ regional plan as published; or 28
(b) make the SEQ regional plan and include any 29
amendments of the draft SEQ regional plan the regional 30
planning Minister considers appropriate. 31
s8 15 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
`2.5A.16 Notice of making of SEQ regional plan 1
`(1) After the regional planning Minister has made the SEQ 2
regional plan, the regional planning Minister must publish a 3
notice about the making of the plan-- 4
(a) in the gazette; and 5
(b) at least once in a newspaper circulating generally in the 6
region. 7
`(2) The notice must state the following-- 8
(a) the day the SEQ regional plan was made; 9
(b) where a copy of the plan may be inspected and 10
purchased. 11
`(3) The SEQ regional plan has effect on and from-- 12
(a) the day the making of the SEQ regional plan is 13
published in the gazette; or 14
(b) if a later day for the commencement of the SEQ regional 15
plan is stated in the SEQ regional plan--the later day. 16
`2.5A.17 Regulatory provisions to be ratified by Parliament 17
`(1) The regional planning Minister must table a copy of the 18
regulatory provisions in the Legislative Assembly within 19
14 sitting days of the making of the SEQ regional plan. 20
`(2) If the regulatory provisions are not ratified by Parliament 21
within 14 sitting days after the day the copy is tabled, the 22
regulatory provisions cease to have effect. 23
`Division 5 Amending or replacing SEQ 24
regional plan 25
`2.5A.18 Regional planning Minister may amend or replace 26
SEQ regional plan 27
`The regional planning Minister may-- 28
(a) amend the SEQ regional plan; or 29
s8 16 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
(b) replace the SEQ regional plan with a new SEQ regional 1
plan. 2
`2.5A.19 How SEQ regional plan is amended or replaced 3
`(1) Division 4 applies for amending the SEQ regional plan-- 4
(a) as if a reference in the sections to the draft SEQ regional 5
plan were a reference to the amendment; and 6
(b) and a reference to 60 business days were a reference to 7
30 business days; and 8
(c) with any other necessary changes. 9
`(2) Division 4 also applies for making a new SEQ regional plan. 10
`(3) If the SEQ regional plan is replaced by a new SEQ regional 11
plan, the new SEQ regional plan has effect on and from-- 12
(a) the day the making of the new SEQ regional plan was 13
published in the gazette; or 14
(b) if a later day for the commencement of the new SEQ 15
regional plan is stated in the new SEQ regional 16
plan--the later day. 17
`(4) However, when acting under section 2.5A.15, the regional 18
planning Minister may also decide not to proceed with the 19
amendment or replacement. 20
`(5) If the regional planning Minister makes a decision under 21
subsection (4), the regional planning Minister must publish a 22
notice in the gazette stating the regional planning Minister has 23
decided not to proceed with the amendment or replacement. 24
`2.5A.20 Minor amendments of SEQ regional plan 25
`(1) If the SEQ regional plan requires a minor amendment-- 26
(a) division 4 does not apply; and 27
(b) the regional planning Minister may make the 28
amendment. 29
s8 17 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
`(2) If the regional planning Minister makes a minor amendment, 1
the regional planning Minister must publish a notice about the 2
making of the amendment-- 3
(a) in the gazette; and 4
(b) at least once in a newspaper circulating generally in the 5
region. 6
`(3) The notice must state the following-- 7
(a) the day the minor amendment was made; 8
(b) where a copy of the SEQ regional plan, as amended, 9
may be inspected and purchased. 10
`(4) However, for a minor amendment of the regulatory provisions 11
section 2.5A.17 does not apply. 12
`Division 6 Effect of the SEQ regional plan 13
`2.5A.21 State interest 14
`For this Act, the SEQ regional plan is taken to be a State 15
interest. 16
`2.5A.22 Local governments to amend planning schemes to 17
reflect SEQ regional plan 18
`(1) This section applies to a local government mentioned in 19
section 2.5A.2(1) unless the regional planning Minister gives 20
the local government a written direction to the contrary. 21
`(2) The local government must amend its planning scheme under 22
schedule 1 to reflect the SEQ regional plan as made, amended 23
or replaced. 24
`(3) The regional planning Minister may amend the planning 25
scheme if-- 26
(a) the regional planning Minister is satisfied a local 27
government must amend its planning scheme under 28
subsection (2); and 29
s8 18 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
(b) the local government has not, within 90 business days of 1
the day notice of the making of the SEQ regional plan 2
was published in the gazette, complied with schedule 1, 3
section 9(3) for the amendment. 4
`(4) Schedule 1, sections 12 to 17 and 19 to 21 apply for amending 5
the planning scheme under subsection (3). 6
`(5) However, for subsection (4), and if the context requires, a 7
reference in schedule 1 to-- 8
(a) the local government is a reference to the regional 9
planning Minister; and 10
(b) a decision of the local government is a reference to a 11
decision of the regional planning Minister; and 12
(c) a local government's chief executive officer is a 13
reference to the chief executive of the department; and 14
(d) the local government's public office is a reference to the 15
department's State office. 16
`(6) Anything done by the regional planning Minister under 17
subsection (3) is taken to have been done by the local 18
government and has the same effect as it would have had if 19
the local government had done it. 20
`(7) An expense reasonably incurred by the regional planning 21
Minister in taking an action under subsection (3) may be 22
recovered from the local government as a debt owing to the 23
State. 24
`(8) The regional planning Minister may, in writing, extend the 25
period mentioned in subsection (3)(b). 26
`(9) Nothing in this section affects or is affected by part 3. 27
`2.5A.23 Effect of SEQ regional plan on other plans, policies 28
or codes 29
`(1) An entity responsible for preparing or amending a plan, policy 30
or code under this or another Act that may affect a matter 31
under section 2.5A.11 must-- 32
s8 19 s8
Integrated Planning and Other Legislation
Amendment Bill 2004
(a) in preparing the plan, policy or code, or the amendment 1
of the plan, policy or code, take account of the SEQ 2
regional plan; and 3
(b) state in the plan, policy or code how the plan, policy or 4
code, or the amendment of the plan, policy or code, will 5
reflect the SEQ regional plan for the matters under 6
section 2.5A.11. 7
`(2) For this Act, to the extent there is an inconsistency between 8
the SEQ regional plan and any other plan, policy or code 9
under this or another Act, including any other planning 10
instrument, the SEQ regional plan prevails. 11
`2.5A.24 Effect of draft regulatory provisions 12
`(1) When a notice is published under section 2.5A.14(1)(a), any 13
proposed regulatory provisions of the draft SEQ regional plan 14
(the draft regulatory provisions) have effect until the SEQ 15
regional plan comes into effect. 16
`(2) If the regulatory provisions of the SEQ regional plan are 17
proposed to be amended under division 5, the proposed 18
amendments of the regulatory provisions (also the draft 19
regulatory provisions) have effect from the day the notice for 20
the proposed amendments is published under 21
section 2.5A.14(1)(a) until-- 22
(a) if the amendments come into effect under 23
section 2.5A.16(3)--the day the amendments come into 24
effect; or 25
(b) if the regional planning Minister decides under 26
section 2.5A.19(4) not to proceed with the 27
amendments--the day the notice is published in the 28
gazette under section 2.5A.19(5). 29
`(3) If the existing SEQ regional plan is proposed to be replaced 30
by a new SEQ regional plan, the proposed regulatory 31
provisions of the proposed new SEQ regional plan (also the 32
draft regulatory provisions) have effect from the day the 33
notice under section 2.5A.16(2)(a) is published for the 34
proposed new SEQ regional plan until-- 35
s9 20 s9
Integrated Planning and Other Legislation
Amendment Bill 2004
(a) if the new SEQ regional plan comes into effect under 1
section 2.5A.16(3)--the day the plan comes into effect; 2
or 3
(b) if the regional planning Minister decides under 4
section 2.5A.19(4) not to proceed with the proposed 5
new SEQ regional plan--the day the notice is published 6
in the gazette under section 2.5A.19(5). 7
`(4) During the consultation period the Minister may, by gazette 8
notice, amend the draft regulatory provisions. 9
`(5) To remove doubt it is declared that-- 10
(a) if subsection (2)(b) or (3)(b) applies, the regulatory 11
provisions of the SEQ regional plan that applied before 12
subsection (2) or (3) applied again apply after the day 13
mentioned in subsection (2)(b) or (3)(b); and 14
(b) draft regulatory provisions may state transitional 15
arrangements for development applications affected by 16
the draft regulatory provisions.'. 17
9 Amendment of s 3.1.4 (When is a development permit 18
necessary)
Clause 19
(1) Section 3.1.4(3)(b), after `instruments'-- 20
insert-- 21
`, other than the regulatory provisions or the draft regulatory 22
provisions'.3 23
(2) Section 3.1.4-- 24
insert-- 25
`(4) Nothing in subsection (3)(b) stops a planning instrument or a 26
development approval affecting exempt development if-- 27
(a) the development is the natural and ordinary 28
consequence of another aspect of development that is 29
assessable or self-assessable development; and 30
3 See section 2.5A.12 (The SEQ regional plan may include regulatory provisions).
s 10 21 s 11
Integrated Planning and Other Legislation
Amendment Bill 2004
(b) the effect mitigates impacts of the assessable or 1
self-assessable development. 2
3
Example for subsection (4)--
4
A development approval for a material change of use may
5
include conditions, including, for example, conditions about
6
landscaping, parking or buildings that are the natural and
7
ordinary consequence of the material change of use if the
8
conditions would mitigate impacts, including, for example,
9
visual amenity, noise or traffic generation, of the material change
10
of use.'.
10 Amendment of s 3.2.1 (Applying for development 11
approval)
Clause 12
(1) Section 3.2.1(7)-- 13
insert-- 14
`(f) the development would not be contrary to the regulatory 15
provisions or the draft regulatory provisions.'. 16
(2) Section 3.2.1(10)-- 17
omit, insert-- 18
`(10) Subsection (9) does not apply to an application-- 19
(a) unless the application contains-- 20
(i) the written consent of the owner of any land to 21
which the application applies; or 22
(ii) any evidence required under subsection (5); or 23
(b) if the development would be contrary to the regulatory 24
provisions or the draft regulatory provisions.'. 25
Amendment of s 3.3.15 (Referral agency assesses
11 26
application)
Clause 27
Section 3.3.15(1)(b)(ii)-- 28
omit, insert-- 29
`(ii) each of the following, if they are not identified in 30
the planning scheme as being appropriately 31
reflected in the planning scheme-- 32
s 12 22 s 14
Integrated Planning and Other Legislation
Amendment Bill 2004
(A) State planning policies, or parts of State 1
planning policies;4 2
(B) for the planning scheme of a local 3
government in the SEQ region--the SEQ 4
regional plan.'. 5
12 Amendment of s 3.4.2 (When the notification stage 6
applies)
Clause 7
Section 3.4.2(3)(b)(ii)-- 8
omit, insert-- 9
`(ii) seeks only to change development requiring code 10
assessment to self-assessable development; or 11
(iii) seeks only to increase the level of assessment for 12
the development; and'. 13
Clause 13 Amendment of s 3.5.4 (Code assessment) 14
Section 3.5.4(2)(c)-- 15
omit, insert-- 16
`(c) if they are not identified in the planning scheme as being 17
appropriately reflected in the planning scheme-- 18
(i) State planning policies, or parts of State planning 19
policies;5 and 20
(ii) for the planning scheme of a local government in 21
the SEQ region--the SEQ regional plan; and'. 22
Clause 14 Amendment of s 3.5.5 (Impact assessment) 23
Section 3.5.5(2)(c)-- 24
omit, insert-- 25
4 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
5 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
s 15 23 s 16
Integrated Planning and Other Legislation
Amendment Bill 2004
`(c) if they are not identified in the planning scheme as being 1
appropriately reflected in the planning scheme-- 2
(i) State planning policies, or parts of State planning 3
policies;6 and 4
(ii) for the planning scheme of a local government in 5
the SEQ region--the SEQ regional plan;'. 6
15 Amendment of s 3.5.5A (Assessment for s 3.1.6 7
preliminary approvals that override a local planning 8
instrument)
Clause 9
Section 3.5.5A(2)(e)-- 10
omit, insert-- 11
`(e) if they are not identified in the planning scheme as being 12
appropriately reflected in the planning scheme-- 13
(i) State planning policies, or parts of State planning 14
policies;7 and 15
(ii) for the planning scheme of a local government in 16
the SEQ region--the SEQ regional plan; 17
(f) the matters prescribed under a regulation (to the extent 18
they apply to a particular proposal).'. 19
Clause 16 Amendment of s 3.5.11 (Decision generally) 20
Section 3.5.11-- 21
insert-- 22
`(4A) Despite subsections (2) and (3), the assessment manager's 23
decision must not be contrary to the regulatory provisions or 24
the draft regulatory provisions.'. 25
6 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
7 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
s 17 24 s 19
Integrated Planning and Other Legislation
Amendment Bill 2004
Amendment of s 3.5.13 (Decision if application requires
17 1
code assessment)
Clause 2
Section 3.5.13(3)(b)-- 3
omit, insert-- 4
`(b) if they are not identified in the planning scheme as being 5
appropriately reflected in the planning scheme-- 6
(i) State planning policies, or parts of State planning 7
policies;8 and 8
(ii) for the planning scheme of a local government in 9
the SEQ region--the SEQ regional plan.'. 10
Amendment of s 3.5.14 (Decision if application requires
18 11
impact assessment)
Clause 12
Section 3.5.14(4)-- 13
omit, insert-- 14
`(4) Subsections (2)(a) and (3) do not apply if compromising the 15
achievement of the desired environmental outcomes is 16
necessary to further the outcomes of any of the following if 17
they are not identified in the planning scheme as being 18
appropriately reflected in the planning scheme-- 19
(a) State planning policies, or parts of State planning 20
policies;9 21
(b) for the planning scheme of a local government in the 22
SEQ region--the SEQ regional plan.'. 23
Amendment of s 3.5.14A (Decision if application under
19 24
s 3.1.6 requires assessment)
Clause 25
Section 3.5.14A(2)(c)-- 26
omit, insert-- 27
8 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
9 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
s 20 25 s 20
Integrated Planning and Other Legislation
Amendment Bill 2004
`(c) subsection (1)(a) and (b) does not apply if 1
compromising the achievement of the desired 2
environmental outcomes is necessary to further the 3
outcomes of any of the following if they are not 4
identified in the planning scheme as being appropriately 5
reflected in the planning scheme-- 6
(i) State planning policies, or parts of State planning 7
policies;10 8
(ii) for the planning scheme of a local government in 9
the SEQ region--the SEQ regional plan.'. 10
Clause 20 Amendment of s 3.6.7 (Effect of call in) 11
Section 3.6.7-- 12
insert-- 13
`(4) Subsection (5) applies despite subsection (1)(b) and (c), for an 14
application called in by the regional planning Minister. 15
`(5) The regional planning Minister may, by written notice given 16
to the applicant and the relevant local government, suspend 17
the IDAS process until the number of days stated in the notice 18
after-- 19
(a) publication of a notice under section 2.5A.14 about the 20
draft SEQ regional plan; or 21
(b) publication of a notice under section 2.5A.16 about the 22
SEQ regional plan. 23
`(6) Despite subsection (1), the regional planning Minister may by 24
written notice, at the end of the suspension of the IDAS 25
process, refer the application to the original assessment 26
manager to assess and decide. 27
`(7) The notice mentioned in subsection (6) must state the point in 28
the IDAS process from which, and the day on which, the 29
process must restart for the application. 30
10 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse
effects on State interests).
s 21 26 s 23
Integrated Planning and Other Legislation
Amendment Bill 2004
`(8) For assessing the application, whether by the regional 1
planning Minister after acting under subsection (5) or the 2
original assessment manager, section 3.5.3 does not apply to 3
the SEQ regional plan or a planning scheme amendment 4
reflecting the SEQ regional plan.'. 5
Clause 21 Insertion of new s 4.3.5A 6
After section 4.3.5-- 7
insert-- 8
`4.3.5A Compliance with the SEQ regional plan 9
`Subject to chapter 1, part 4, a person must not carry out 10
development contrary to the regulatory provisions or the draft 11
regulatory provisions. 12
Maximum penalty--1 665 penalty units.'. 13
Clause 22 Insertion of new s 5.6.3A 14
After section 5.6.3-- 15
insert-- 16
`5.6.3A How infrastructure charges apply for development 17
under part 6 18
If the State, or a statutory body representing the State, 19
proposes or starts development under this part, the State or 20
body is not required to pay any infrastructure charge under 21
chapter 5, part 1 for the development.'. 22
23 Amendment of s 5.7.2 (Documents local government 23
must keep available for inspection and purchase)
Clause 24
Section 5.7.2(1)-- 25
insert-- 26
`(m) for a local government in the SEQ region--a copy of the 27
SEQ regional plan;'. 28
s 24 27 s 27
Integrated Planning and Other Legislation
Amendment Bill 2004
24 Amendment of s 5.7.6 (Documents chief executive must 1
keep available for inspection and purchase)
Clause 2
Section 5.7.6-- 3
insert-- 4
`(fa) a copy of the SEQ regional plan;'. 5
25 Amendment of s 5.7.9 (Limited planning and 6
development certificates)
Clause 7
(1) Section 5.7.9(b) and (c)-- 8
renumber as 5.7.9(c) and (d). 9
(2) Section 5.7.9-- 10
insert-- 11
`(b) if any of the regulatory provisions or the draft regulatory 12
provisions apply to the premises--a description of the 13
provisions that apply;'. 14
Clause 26 Amendment of s 5.8.1A (Delegation by Minister) 15
Section 5.8.1A(2)-- 16
omit, insert-- 17
`(2) The regional planning Minister may delegate his or her 18
powers or functions under this Act to an appropriately 19
qualified public service officer. 20
`(3) The Minister administering the State Development and Public 21
Works Organisation Act 1971, if acting under chapter 3, 22
part 6, division 2, may delegate his or her powers or functions 23
under the division to an appropriately qualified public service 24
officer.'. 25
27 Amendment of s. 5.8.3 (Application of State Development 26
and Public Works Organisation Act 1971)
Clause 27
Section 5.8.3-- 28
insert-- 29
s 28 28 s 28
Integrated Planning and Other Legislation
Amendment Bill 2004
`(2) Nothing in chapter 2, part 5A affects in any way the State 1
Development and Public Works Organisation Act 1971.'. 2
28 Amendment of s 6.1.25 (Effect of commencement on 3
certain applications in progress)
Clause 4
Section 6.1.25-- 5
insert-- 6
`(3) Subsection (4) applies if-- 7
(a) an approval mentioned in subsection (1)(b) or (1A)(b) 8
implies that a person has the right to use premises, the 9
subject of the approval, for a particular purpose; and 10
(b) when the approval was given, a material change of use 11
for a use implied by the approval was self-assessable 12
development or exempt development; and 13
(c) after the approval was given, but before the use started, a 14
new planning instrument or an amendment of a planning 15
instrument-- 16
(i) declared the material change of use to be 17
assessable development; or 18
(ii) changed an applicable code for the material change 19
of use. 20
`(4) The implied use is to be taken to be a use in existence 21
immediately before the commencement of the new planning 22
instrument or amendment if-- 23
(a) the rights (other than the implied right) under the 24
approval are exercised within the time allowed for the 25
rights to be exercised under the approval or this Act; and 26
(b) the implied use is started within 5 years after the rights 27
mentioned in paragraph (a) are exercised.'. 28
s 29 29 s 30
Integrated Planning and Other Legislation
Amendment Bill 2004
29 Amendment of s 6.1.35C (Future effect of approvals for 1
applications mentioned in s 3.1.6)
Clause 2
Section 6.1.35C(2)(b), `, as that section was immediately 3
before the commencement of this section'-- 4
omit. 5
Clause 30 Insertion of new ch 6, pt 4 6
After section 6.3.1-- 7
insert-- 8
`Part 4 Transitional provision for 9
Integrated Planning and Other 10
Legislation Amendment Act 11
2004 12
`6.4.1 Effect of SEQ regional plan for assessing and 13
deciding applications under transitional planning 14
schemes 15
`(1) Subsections (2) and (3) apply-- 16
(a) for development on premises in the SEQ region; and 17
(b) for assessing a development application to which 18
section 6.1.29 applies. 19
`(2) In addition to the matters mentioned in section 6.1.29(3), the 20
SEQ regional plan also applies for assessing the application. 21
`(3) To the extent of any inconsistency between the SEQ regional 22
plan and a matter stated in section 6.1.29(3), the SEQ regional 23
plan prevails. 24
`(4) A requirement under section 6.1.30 to refuse a development 25
application because the application conflicts with any relevant 26
strategic plan or development control plan under a transitional 27
planning scheme only applies to the extent the requirement is 28
consistent with the SEQ regional plan.'. 29
s 31 30 s 31
Integrated Planning and Other Legislation
Amendment Bill 2004
31 Amendment of sch 1 (Process for making or amending 1
planning schemes)
Clause 2
(1) Schedule 1, section 3(2)-- 3
insert-- 4
`(c) for a local government in the SEQ region--state how 5
the local government anticipates the planning scheme 6
will reflect the SEQ regional plan.'. 7
(2) Schedule 1, section 10(1)(b)-- 8
omit, insert-- 9
`(b) the Minister is satisfied that the proposed amendment 10
reflects 1 or more of the following, and that there has 11
already been adequate public consultation about the 12
matter, the subject of the proposed amendment-- 13
(i) the recommendation of a regional planning 14
advisory committee on a matter; 15
(ii) the SEQ regional plan; 16
(iii) another standard or policy of the State; 17
(iv) a decision previously made by an assessment 18
manager on a development application.'. 19
(3) Schedule 1, section 18(5)-- 20
omit, insert-- 21
`(5) Subsection (5A) applies if the Minister-- 22
(a) advises the local government under subsection (4); and 23
(b) is satisfied the following are appropriately reflected in 24
the proposed planning scheme-- 25
(i) State planning policies, or parts of State planning 26
policies; 27
(ii) for the proposed planning scheme of a local 28
government in the SEQ region--the SEQ regional 29
plan. 30
`(5A) The Minister must also advise the local government that he or 31
she is satisfied under subsection (5)(b).'. 32
(4) Schedule 1, section 18(7)(c)-- 33
s 32 31 s 32
Integrated Planning and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`(c) state in the proposed planning scheme details of the 2
advice given by the Minister under subsection (5A).'. 3
Clause 32 Amendment of sch 10 (Dictionary) 4
(1) Schedule 10, definitions Minister and planning instrument-- 5
omit. 6
(2) Schedule 10, definitions development offence and tidal 7
works-- 8
omit. 9
(3) Schedule 10-- 10
insert-- 11
`draft regulatory provisions see section 2.5A.24. 12
Minister means-- 13
(a) in chapter 2, part 6--any Minister of the Crown; and 14
(b) in chapter 2, part 3, and chapter 3, part 6-- 15
(i) the Minister administering those parts; or 16
(ii) for a matter the regional planning Minister is 17
satisfied relates to chapter 2, part 5A--the regional 18
planning Minister; and 19
(c) in chapter 3, part 6, division 2, includes the Minister 20
administering the State Development and Public Works 21
Organisation Act 1971; and 22
(d) in any other provision of this Act--the Minister 23
administering the provision.11 24
planning instrument means a State planning policy, the SEQ 25
regional plan, draft regulatory provisions, a planning scheme, 26
a temporary local planning instrument or a planning scheme 27
policy. 28
11 Copies of the administrative arrangements are available from Goprint.
s 32 32 s 32
Integrated Planning and Other Legislation
Amendment Bill 2004
regional planning Minister means the Minister administering 1
chapter 2, part 5A. 2
regulatory provisions means regulatory provisions under 3
section 2.5A.12. 4
SEQ region see section 2.5A.2. 5
SEQ regional plan see section 2.5A.10.'. 6
(4) Schedule 10-- 7
insert-- 8
`appropriately qualified, for the delegation of a power, 9
includes having the qualifications, experience or standing 10
appropriate to exercise the power. 11
12
Example of standing--
13
a person's classification level in the public service
development offence means an offence against section 4.3.1, 14
4.3.2, 4.3.2A, 4.3.3, 4.3.4, 4.3.5 or 4.3.5A. 15
emergency work, for schedule 8, part 1, table 5, item 2-- 16
1. Emergency work means reversible work that is 17
necessary to give temporary support, shelter or security 18
to a registered place, a protected area or protected 19
object, as defined by the Queensland Heritage Act 20
1992-- 21
(a) because it has been, or is likely to be, damaged by 22
fire or natural disaster; or 23
(b) because of accidental or intentional damage. 24
2. Emergency work does not include demolition. 25
tidal works see the Coastal Protection and Management Act 26
1995.'. 27
(5) Schedule 10, definition assessing authority, paragraph (f)-- 28
omit, insert-- 29
`(f) for development to which the regulatory provisions or 30
draft regulatory provisions apply--the chief executive; 31
or 32
(g) for any other matter--the local government.'. 33
s 32 33 s 32
Integrated Planning and Other Legislation
Amendment Bill 2004
(6) Schedule 10, definition consultation period, paragraph (d)-- 1
omit, insert-- 2
`(d) for making the SEQ regional plan--see 3
section 2.5A.14(2)(e); or 4
(e) for amending the SEQ regional plan--see 5
section 2.5A.19(1)(b); or 6
(f) for making a ministerial designation of land--the period 7
for the making of submissions stated in any notice given 8
under section 2.6.7(4).'. 9
(7) Schedule 10, definition deemed refusal, `means'-- 10
omit, insert-- 11
`, for a proceeding under chapter 4, part 1 or 2, means'. 12
(8) Schedule 10, definition establishment cost, paragraph (c)-- 13
omit, insert-- 14
`(c) for existing infrastructure-- 15
(i) the residual financing cost of the existing 16
infrastructure; and 17
(ii) the cost of reconstructing the same works using 18
contemporary materials, techniques and 19
technologies; and 20
(iii) if the land acquisition for the infrastructure was 21
completed after 1 January 1990--the present value 22
of the amount (if any) paid by the infrastructure 23
provider for acquiring the land.'. 24
(9) Schedule 10, definition properly made submission, 25
paragraph (e)(iv)-- 26
omit, insert-- 27
`(iv) if the submission is about the SEQ regional 28
plan--to the regional planning Minister.'. 29
s 33 34 s 36
Integrated Planning and Other Legislation
Amendment Bill 2004
Part 3 Amendment of Integrated 1
Planning and Other Legislation 2
Amendment Act 2003 3
Clause 33 Act amended in pt 3 4
This part amends the Integrated Planning and Other 5
Legislation Amendment Act 2003. 6
Clause 34 Amendment of s 94 (Insertion of new ch 5, pt 7A) 7
Section 94, insertion of new section 5.7A.1(2)-- 8
omit. 9
35 Amendment of s 115 (Amendment of s 43B (Relationship 10
of coastal plans with Integrated Planning Act 1997))
Clause 11
(1) Section 115, heading `43B'-- 12
omit, insert-- 13
`50'. 14
(2) Section 115, `43B'-- 15
omit, insert-- 16
`50'. 17
Part 4 Amendment of Local 18
Government Act 1993 19
Clause 36 Act amended in pt 4 20
This part amends the Local Government Act 1993. 21
s 37 35 s 39
Integrated Planning and Other Legislation
Amendment Bill 2004
37 Amendment of s 854 (Local laws and subordinate local 1
laws about development)
Clause 2
(1) Section 854(3), `deals with development, within the meaning 3
of the Integrated Planning Act 1997'-- 4
omit, insert-- 5
`includes a process of the type mentioned in subsection (1)'. 6
(2) Section 854-- 7
insert-- 8
`(3A) Subsection (3) does not apply for local laws of the type 9
mentioned in subsection (1A) until the local government 10
makes a decision under the Integrated Planning Act 1997, 11
schedule 1, section 1 to prepare its second IPA planning 12
scheme.'. 13
(3) Section 854(5), `subsections (1) and (3)'-- 14
omit, insert-- 15
`subsection (1)'. 16
Part 5 Amendment of Queensland 17
Heritage Act 1992 18
Clause 38 Act amended in pt 5 19
This part amends the Queensland Heritage Act 1992. 20
39 Amendment of s 35 (Application for exemption 21
certificate)
Clause 22
(1) Section 35(1), after `registered place'-- 23
insert-- 24
`, including the State,'. 25
(2) Section 35(4)-- 26
omit, insert-- 27
s 40 36 s 41
Integrated Planning and Other Legislation
Amendment Bill 2004
`(4) An exemption certificate may be issued for development 1
that-- 2
(a) is maintenance work; or 3
(b) is minor repair work; or 4
(c) is other minor work; or 5
(d) is genuinely required for a place of worship for liturgical 6
purposes; or 7
(e) is permitted under a heritage agreement; or 8
(f) would have no impact on the cultural heritage 9
significance of the place.'. 10
40 Amendment of pt 7 (Discovery and protection of objects 11
and areas)
Clause 12
Part 7, heading-- 13
omit, insert-- 14
`Part 7 Discovery and protection of 15
archaeological objects and 16
archaeological areas'. 17
Clause 41 Amendment of s 44 (Study must be reported) 18
(1) Section 44(1)-- 19
omit, insert-- 20
`(1) Subsection (2) applies if-- 21
(a) a person proposes to study land or the territorial waters 22
of the State for the purpose of identifying archaeological 23
objects or areas that may contain archaeological objects; 24
and 25
(b) the objects or areas may be of cultural heritage 26
significance.'. 27
(2) Section 44(2), `The notice must state'-- 28
omit, insert-- 29
s 42 37 s 45
Integrated Planning and Other Legislation
Amendment Bill 2004
`The person must give the chief executive a notice about the 1
study stating.'. 2
42 Amendment of s 51 (Applying for permit to enter a 3
protected area)
Clause 4
Section 51(2)(c)-- 5
omit, insert-- 6
`(c) supported by the written consent of the owner of the 7
land to be entered within the protected area; and 8
(d) accompanied by the fee prescribed under a regulation.'. 9
Clause 43 Amendment of s 55 (Functions of authorised persons) 10
Section 55(1)(b)-- 11
omit, insert-- 12
`(b) to conduct investigations and inspections to monitor and 13
enforce compliance with-- 14
(i) this Act; and 15
(ii) the Integrated Planning Act 1997, so far as it 16
relates to assessable development completely or 17
partly for a registered place.'. 18
Clause 44 Amendment of s 57H (Issue of warrant) 19
Section 57H(1)(a), after `Act'-- 20
insert-- 21
`or of a development offence under the Integrated Planning 22
Act 1997'. 23
Clause 45 Insertion of new s 67B 24
After section 67A-- 25
insert-- 26
s 46 38 s 46
Integrated Planning and Other Legislation
Amendment Bill 2004
`67B Delegation by Minister 1
`(1) The Minister may delegate the Minister's powers under this 2
Act to-- 3
(a) the chairperson of the council; or 4
(b) a local government; or 5
(c) an appropriately qualified public service officer. 6
`(2) In this section-- 7
appropriately qualified includes having the qualifications, 8
experience or standing appropriate to exercise the power. 9
10
Example of standing--
11
a person's classification level in the public service'.
Clause 46 Insertion of new pt 10 12
After part 9-- 13
insert-- 14
`Part 10 Transitional provisions for 15
Queensland Heritage and Other 16
Legislation Amendment Act 17
2003 18
`69 Assessing and deciding applications made before 19
28 November 2003 20
`(1) Subsection (2) applies for the following-- 21
(a) an application lodged under section 34 of the previous 22
Act and not decided before 28 November 2003; 23
(b) an application for a review made under section 36 of the 24
previous Act and not decided before 28 November 2003; 25
(c) an appeal to the Planning and Environment Court made 26
under section 36(6) of the previous Act and not decided 27
before 28 November 2003. 28
`(2) An application or appeal mentioned in subsection (1) must be 29
dealt with under the previous Act. 30
s 47 39 s 47
Integrated Planning and Other Legislation
Amendment Bill 2004
`70 Compliance with approval given under pt 5 of 1
previous Act 2
`(1) Subsection (2) applies for an approval given under part 5 of 3
the previous Act. 4
`(2) A person must comply with the approval, and any conditions 5
of the approval, as required under the previous Act.'. 6
Clause 47 Amendment of sch (Dictionary) 7
(1) Schedule, definitions emergency work, excluded work and 8
minor repair work-- 9
omit. 10
(2) Schedule-- 11
insert-- 12
`minor repair work means work of a minor nature-- 13
(a) that will not cause detriment to the cultural heritage 14
significance of a registered place; and 15
(b) involving repairs to the materials, features, contents and 16
setting that comprise a registered place; and 17
(c) using the same types of materials and the same 18
construction methods as were originally used on the 19
registered place. 20
other minor work means work that-- 21
(a) is not of a significant scale; and 22
(b) will not cause detriment to the cultural heritage 23
significance of a registered place. 24
previous Act means this Act as in force before 28 November 25
2003.'. 26
(3) Schedule, definition maintenance work, item 1-- 27
omit, insert-- 28
1. Maintenance work means work that-- 29
(a) will not cause detriment to the cultural heritage 30
significance of a registered place; and 31
s 48 40 s 50
Integrated Planning and Other Legislation
Amendment Bill 2004
(b) is performed for the protective care of a registered 1
place, including, for example, the protective care 2
of the materials, features, contents and setting 3
comprising the following-- 4
(i) fences; 5
(ii) gardens and grounds; 6
(iii) roads and paths; 7
(iv) roof and drainage systems; 8
(v) services and utilities.'. 9
Part 6 Amendment of Primary 10
Industries and Other 11
Legislation Amendment Act 12
2003 13
Clause 48 Act amended in pt 6 14
This part amends the Primary Industries and Other 15
Legislation Amendment Act 2003. 16
Clause 49 Amendment of s 80 (Amendment of sch 8) 17
Section 80(2), inserted item 5-- 18
renumber as item 8. 19
50 Amendment of s 81 (Amendment of sch 8A(Assessment 20
manager for development applications))
Clause 21
(1) Section 81, inserted items 8 and 9, `table 1 or 2 does'-- 22
omit, insert-- 23
`tables 1 and 2 do'. 24
s 50 41 s 50
Integrated Planning and Other Legislation
Amendment Bill 2004
(2) Section 81(1), inserted items 8 and 9-- 1
renumber as items 9 and 10. 2
42
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule Minor amendments 1
section 3 2
Integrated Planning Act 1997 3
1 Section 2.6.8(1)(b)-- 4
omit, insert-- 5
`(b) each local government the Minister is satisfied the 6
designation affects; and'. 7
2 Section 2.6.18(5)-- 8
insert-- 9
`(c) the chief executive.'. 10
3 Section 3.2.1(6), `(3)(b)'-- 11
omit, insert-- 12
`(3)'. 13
4 Section 3.5.3A(1), `a development'-- 14
omit, insert-- 15
`an'. 16
5 Section 3.5.28(1), `owners'-- 17
omit, insert-- 18
`owner's'. 19
43
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule (continued)
6 Sections 4.1.5(2) and (4), and 4.1.48 (1) and (3)(c), `District 1
Courts Act 1967'-- 2
omit, insert-- 3
`District Court of Queensland Act 1967'. 4
7 Section 5.2.1, definition infrastructure agreement-- 5
insert-- 6
`· section 5.1.6'. 7
8 Section 6.1.20(4), `2005'-- 8
omit, insert-- 9
`2006'. 10
9 Section 6.1.26(4), after `repealed Act'-- 11
insert-- 12
`, part 4,'. 13
10 Section 6.1.31(3)(b)(i), `2005'-- 14
omit, insert-- 15
`2006'. 16
11 Chapter 6, part 1, division 11-- 17
omit. 18
12 Schedule 1, section 9, heading, `Resolution proposing'-- 19
omit, insert-- 20
`Proposing'. 21
44
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule (continued)
13 Schedule 1, section 9(3), `makes a resolution'-- 1
omit, insert-- 2
`proposes a planning scheme'. 3
14 Schedule 1, section 19, heading, `Resolution about 4
adopting'-- 5
omit, insert-- 6
`Adopting'. 7
15 Schedule 1, section 19, `makes a resolution'-- 8
omit, insert-- 9
`proposes a planning scheme'. 10
16 Schedule 2, section 1, heading, `Resolution'-- 11
omit, insert-- 12
`Proposal'. 13
17 Schedule 2, section 3, heading, `Resolution about 14
adopting'-- 15
omit, insert-- 16
`Adopting'. 17
18 Schedule 2, section 3(1), `makes a resolution under 18
section 1 and'-- 19
omit. 20
19 Schedule 2, section 3(2), `a copy of the resolution and'-- 21
omit, insert-- 22
`written notice of'. 23
45
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule (continued)
20 Schedule 4, section 7, heading, `Resolution about 1
adopting'-- 2
omit, insert-- 3
`Adopting'. 4
21 Schedule 8, heading-- 5
omit, insert-- 6
`Schedule 8 Assessable development and 7
self-assessable development 8
schedule 10, definitions assessable development and 9
self-assessable development `. 10
22 Schedule 8, part 1, table 3, item 1-- 11
insert-- 12
`(i) is for the Transport Infrastructure Act 1994, 13
section 240.'. 14
23 Schedule 8, part 1, table 5, item 2(b), `or excluded under 15
that Act'-- 16
omit. 17
24 Schedule 8A, table 3, items 1 to 7, `table 1 or 2 does'-- 18
omit, insert-- 19
`tables 1 and 2 do'. 20
25 Schedule 8A, table 4, items 1, 2 and 3, `table 1, 2 or 3 21
does'-- 22
omit, insert-- 23
`tables 1, 2 and 3 do'. 24
46
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule (continued)
26 Schedule 9, table 3, item 2-- 1
insert-- 2
`(h) is for the Transport Infrastructure Act 1994, 3
section 240.'. 4
27 Schedule 9, table 4, item 6, `70'-- 5
omit, insert-- 6
`134'. 7
28 Schedule 9, table 4, item 9(c), `Authority'-- 8
omit, insert-- 9
`Service'. 10
29 Schedule 10, definition artificial waterway, `5B'-- 11
omit, insert-- 12
`8'. 13
30 Schedule 10, definition coastal management district, 14
`47(2)'-- 15
omit, insert-- 16
`54(2)'. 17
31 Schedule 10, definition core matter-- 18
omit, insert-- 19
`core matter, for the preparation of a planning scheme, see 20
section 2.1.3A.'. 21
47
Integrated Planning and Other Legislation
Amendment Bill 2004
Schedule (continued)
32 Schedule 10, definition development application 1
(superseded planning scheme), paragraph (a)(iii), 2
`adopted.'-- 3
omit, insert-- 4
`adopted; or'. 5
33 Schedule 10, definition State coastal land, `12A'-- 6
omit, insert-- 7
`17'. 8
© State of Queensland 2004
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