INTEGRATED PLANNING BILL 1997
Queensland INTEGRATED PLANNING BILL 1997
Queensland INTEGRATED PLANNING BILL 1997 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY PART 1--INTRODUCTION 1.1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1.1.2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 2--PURPOSE AND ADVANCING THE PURPOSE 1.2.1 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 1.2.2 Advancing Act's purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1.2.3 What advancing this Act's purpose includes . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 3--INTERPRETATION Division 1--Standard definitions 1.3.1 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2--Key definitions 1.3.2 Meaning of "development" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1.3.3 Meaning of "ecological sustainability" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1.3.4 Meaning of "lawful use" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 3--Supporting definitions and explanations for key definitions 1.3.5 Definitions for terms used in "development" . . . . . . . . . . . . . . . . . . . . . . . . 29 1.3.6 Explanation of terms used in "ecological sustainability" . . . . . . . . . . . . . . 32 Division 4--General matters of interpretation 1.3.7 Words in this Act prevail over words in planning instruments . . . . . . . . . . . 33 1.3.8 References in Act to applicants, assessment managers, agencies etc. . . . . 33
2 Integrated Planning PART 4--USES AND RIGHTS Division 1--Uses and rights acquired after the commencement of this Act continue 1.4.1 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1.4.2 New planning instruments can not affect existing development permits . . 35 1.4.3 Implied and uncommenced right to use premises protected . . . . . . . . . . . . 35 1.4.4 Lawfully constructed buildings and works protected . . . . . . . . . . . . . . . . . . 36 1.4.5 Rights under a preliminary approval protected . . . . . . . . . . . . . . . . . . . . . . . 36 Division 2--Uses and rights acquired before the commencement of this Act continue 1.4.6 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1.4.7 Lawfully constructed buildings and works protected . . . . . . . . . . . . . . . . . . 37 PART 5--APPLICATION OF ACT 1.4.8 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 CHAPTER 2--PLANNING PART 1--LOCAL PLANNING INSTRUMENTS Division 1--General provisions about planning schemes 2.1.1 Meaning of "planning scheme" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2.1.2 Area to which planning schemes apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 2--Key concepts for planning schemes 2.1.3 Key elements of planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2.1.4 State, regional and local dimensions of planning scheme matters . . . . . . . 39 Division 3--Making, amending and consolidating planning schemes 2.1.5 Process for making or amending planning schemes . . . . . . . . . . . . . . . . . . . 40 2.1.6 Compliance with sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 2.1.7 Effects of planning schemes and amendments . . . . . . . . . . . . . . . . . . . . . . . 40 2.1.8 Consolidating planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 4--Temporary local planning instruments 2.1.9 Meaning of "temporary local planning instrument" . . . . . . . . . . . . . . . . . . . 41 2.1.10 Extent of effect of temporary local planning instrument . . . . . . . . . . . . . . . 42 2.1.11 Area to which temporary local planning instrument applies . . . . . . . . . . . . 42 2.1.12 Process for making temporary local planning instruments . . . . . . . . . . . . . . 42 2.1.13 Compliance with sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
3 Integrated Planning 2.1.14 When temporary local planning instruments have effect . . . . . . . . . . . . . . . 43 2.1.15 Repealing temporary local planning instruments . . . . . . . . . . . . . . . . . . . . . 43 Division 5--Planning scheme policies 2.1.16 Meaning of "planning scheme policy" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 2.1.17 Area to which planning scheme policy applies . . . . . . . . . . . . . . . . . . . . . . . 45 2.1.18 Adopting planning scheme policies in planning schemes . . . . . . . . . . . . . . 45 2.1.19 Process for making or amending planning scheme policies . . . . . . . . . . . . . 45 2.1.20 Compliance with sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 2.1.21 Effects of planning scheme policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 2.1.22 Repealing planning scheme policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 6--Local planning instruments generally 2.1.23 Local planning instruments have force of law . . . . . . . . . . . . . . . . . . . . . . . . 47 2.1.24 Infrastructure intentions in local planning instruments not binding . . . . . . . 48 PART 2--REVIEWING LOCAL PLANNING INSTRUMENTS Division 1--Review of planning schemes by local government 2.2.1 Local government must review planning scheme every 6 years . . . . . . . . . 48 2.2.2 Courses of action local government may take . . . . . . . . . . . . . . . . . . . . . . . 48 2.2.3 Report to be prepared about review if decision is to take no action . . . . . . 49 2.2.4 Notice about report to be published . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 2.2.5 Local government must review benchmark development sequence annually . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 2--Review by independent reviewer 2.2.6 Request for independent review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 2.2.7 Chief executive to inform local government, assess request and set conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 2.2.8 Notice and acceptance of conditions for review . . . . . . . . . . . . . . . . . . . . . . 51 2.2.9 Reviews may be conducted together . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 2.2.10 Appointment of reviewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 2.2.11 Person with conflict of interest not to be appointed reviewer . . . . . . . . . . . 52 2.2.12 Notice of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 2.2.13 Conduct of review generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 2.2.14 State and local governments to provide assistance . . . . . . . . . . . . . . . . . . . 54 2.2.15 Directions about hearings by reviewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
4 Integrated Planning 2.2.16 Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 2.2.17 Report of reviewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 2.2.18 Local government's actions after receiving reviewer's report . . . . . . . . . . . 56 2.2.19 Minister's actions after receiving reviewer's report . . . . . . . . . . . . . . . . . . . 57 2.2.20 Withdrawing request for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2.2.21 Paying reviewer and others and refunding any overpaid costs . . . . . . . . . . . 58 2.2.22 Reviewers not liable for performing functions under review . . . . . . . . . . . . 58 2.2.23 Reviews not to affect development applications . . . . . . . . . . . . . . . . . . . . . 59 PART 3--STATE POWERS Division 1--Preliminary 2.3.1 Procedures before exercising powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 2--Exercising State powers 2.3.2 Power of Minister to direct local government to take action about local planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 2.3.3 Power of Minister if local government fails to comply with direction . . . . 60 2.3.4 Process if Minister takes directed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 2.3.5 References in schedules to local government etc. . . . . . . . . . . . . . . . . . . . . 61 PART 4--STATE PLANNING POLICIES 2.4.1 Meaning of "State planning policy" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 2.4.2 Area to which State planning policies apply . . . . . . . . . . . . . . . . . . . . . . . . . 61 2.4.3 Process for making or amending State planning policies . . . . . . . . . . . . . . . 62 2.4.4 Compliance with sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2.4.5 Effects of State planning policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2.4.6 Repealing State planning policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 5--REGIONAL PLANNING ADVISORY COMMITTEES Division 1--General provisions about regional planning advisory committees 2.5.1 What are regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 2--Regional planning advisory committees 2.5.2 Establishment of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 2.5.3 Particulars about committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 2.5.4 Changing committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 2.5.5 Operation of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
5 Integrated Planning 2.5.6 Reports of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART 6--DESIGNATION OF LAND FOR COMMUNITY INFRASTRUCTURE Division 1--Preliminary 2.6.1 Who may designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 2.6.2 Matters to be considered when designating land . . . . . . . . . . . . . . . . . . . . . 66 2.6.3 Designator must consider major environmental effects . . . . . . . . . . . . . . . . 66 2.6.4 What designations may include . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 2.6.5 How IDAS applies to designated land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 2.6.6 How infrastructure charges apply to designated land . . . . . . . . . . . . . . . . . . 68 Division 2--Ministerial designation processes 2.6.7 Process for Minister to designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 2.6.8 Minister may proceed straight to designation in certain circumstances . . . 68 2.6.9 Compliance with schs 6 or 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 2.6.10 Effects of ministerial designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 2.6.11 When local government must include designation in planning scheme . . . 70 Division 3--Local government designation process 2.6.12 Designation of land by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 2.6.13 Designating land the local government does not own . . . . . . . . . . . . . . . . . 70 Division 4--Other matters about designations 2.6.14 Duration of designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2.6.15 When designations do not cease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 2.6.16 Reconfirming designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 2.6.17 How designations must be shown in planning schemes . . . . . . . . . . . . . . . . 73 2.6.18 Repealing designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 2.6.19 Request to acquire designated land under hardship . . . . . . . . . . . . . . . . . . . 74 2.6.20 If designator grants request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2.6.21 Alternative action designator may take . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2.6.22 If designator refuses request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 2.6.23 If the designator does not act under the notice . . . . . . . . . . . . . . . . . . . . . . . 75 2.6.24 How value of interest is decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 2.6.25 Ministers may delegate certain administrative powers about designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
6 Integrated Planning CHAPTER 3--INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM (IDAS) PART 1--PRELIMINARY 3.1.1 What is IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 3.1.2 Development under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 3.1.3 Code and impact assessment for assessable development . . . . . . . . . . . . . . 77 3.1.4 When is a development permit necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 3.1.5 Approvals under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 3.1.6 Preliminary approval may override local planning instrument . . . . . . . . . . 79 3.1.6 Assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 3.1.8 Referral agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 3.1.9 Stages of IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 2--APPLICATION STAGE Division 1--Application process 3.2.1 Applying for development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 3.2.2 Approved material change of use required for certain developments . . . . . 83 3.2.3 Acknowledgment notices generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 3.2.4 Circumstances when immediate decision notice may be given . . . . . . . . . 84 3.2.5 Acknowledgment notices for applications under superseded planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 3.2.6 Acknowledgment notices if there are referral agencies or referral coordination is required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 2--General matters about applications 3.2.7 Additional third party advice or comment . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 3.2.8 Public scrutiny of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 3.2.9 Changing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 3.2.10 Notification stage does not apply to some changed applications . . . . . . . . 88 3.2.11 Withdrawing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 3.2.12 Applications lapse in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . 88 3.2.13 Refunding fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 3.2.14 Service provider notice for reconfiguring a lot . . . . . . . . . . . . . . . . . . . . . . . 89 Division 3--End of application stage 3.2.15 When does application stage end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
7 Integrated Planning PART 3--INFORMATION AND REFERRAL STAGE Division 1--Preliminary 3.3.1 Purpose of information and referral stage . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 3.3.2 Referral agency responses before application is made . . . . . . . . . . . . . . . . . 90 Division 2--Information requests 3.3.3 Applicant gives material to referral agency . . . . . . . . . . . . . . . . . . . . . . . . . 91 3.3.4 Applicant advises assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 3.3.5 Referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 3.3.6 Information requests to applicant (generally) . . . . . . . . . . . . . . . . . . . . . . . . 93 3.3.7 Information requests to applicant (referral coordination) . . . . . . . . . . . . . . . 93 3.3.8 Applicant responds to any information request . . . . . . . . . . . . . . . . . . . . . . . 94 3.3.9 Referral agency advises assessment manager of response . . . . . . . . . . . . . . 95 Division 3--Referral assistance 3.3.10 When referral assistance may be requested . . . . . . . . . . . . . . . . . . . . . . . . . 95 3.3.11 Chief executive acknowledges receipt of referral assistance request . . . . . 96 3.3.12 Chief executive may change information request . . . . . . . . . . . . . . . . . . . . . 96 3.3.13 Applicant may withdraw request for referral assistance . . . . . . . . . . . . . . . . 96 Division 4--Referral agency assessment 3.3.14 Referral agency assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 3.3.15 Referral agency assesses application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 3.3.16 Referral agency's response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 3.3.17 How a concurrence agency may change its response . . . . . . . . . . . . . . . . . . 99 3.3.18 Concurrence agency's response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3.3.19 Advice agency's response powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 5--End of information and referral stage 3.3.20 When does information and referral stage end . . . . . . . . . . . . . . . . . . . . . . 101 PART 4--NOTIFICATION STAGE Division 1--Preliminary 3.4.1 Purpose of notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 3.4.2 When does notification stage apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 3.4.3 When can notification stage start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
8 Integrated Planning Division 2--Public notification 3.4.4 Public notice of applications to be given . . . . . . . . . . . . . . . . . . . . . . . . . . 103 3.4.5 Notification period for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 3.4.6 Requirements for certain notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 3.4.7 Notice of compliance to be given to assessment manager . . . . . . . . . . . . 105 3.4.8 Circumstances when applications may be assessed and decided without certain requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 3.4.9 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Division 3--End of notification stage 3.4.10 When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 PART 5--DECISION STAGE Division 1--Preliminary 3.5.1 When does decision stage start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 3.5.2 Assessment necessary even if concurrence agency refuses application . . 107 Division 2--Assessment process 3.5.3 References in div 2 to codes, planning instruments, laws or policies . . . . 107 3.5.4 Code assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 3.5.5 Impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 3.5.6 Assessment manager may give weight to later codes, planning instruments, laws and policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 3--Decision 3.5.7 Decision making period (generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 3.5.8 Decision making period (changed circumstances) . . . . . . . . . . . . . . . . . . . 110 3.5.9 Applicant may stop decision making period to make representations . . . 111 3.5.10 Applicant may stop decision making period to request chief executive's assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 3.5.11 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 3.5.12 Decision if concurrence agency requires refusal . . . . . . . . . . . . . . . . . . . . . 112 3.5.13 Decision if application requires code assessment . . . . . . . . . . . . . . . . . . . . 112 3.5.14 Decision if application requires impact assessment . . . . . . . . . . . . . . . . . . 113 3.5.15 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Division 4--Representations about conditions 3.5.16 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
9 Integrated Planning 3.5.17 Changing conditions during the applicant's appeal period . . . . . . . . . . . . . 115 3.5.18 Applicant may suspend applicant's appeal period . . . . . . . . . . . . . . . . . . . 116 Division 5--Approvals 3.5.19 When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 3.5.20 When development may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 3.5.21 When approval lapses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 3.5.22 Request to extend currency period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 3.5.23 Deciding request to extend currency period . . . . . . . . . . . . . . . . . . . . . . . . 119 3.5.24 Request to change development approval (other than a change of a condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 3.5.25 Deciding request to change development approval (other than a change of a condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 3.5.26 Request to cancel development approval . . . . . . . . . . . . . . . . . . . . . . . . . . 122 3.5.27 Certain approvals to be recorded on planning scheme . . . . . . . . . . . . . . . . 122 3.5.28 Approval attaches to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Division 6--Conditions 3.5.29 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 3.5.30 Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . . . . . . . . . . 123 3.5.31 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 3.5.32 Conditions that cannot be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 3.5.33 Request to change or cancel conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 3.5.34 Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 3.5.35 Limitations on conditions lessening cost impacts for infrastructure . . . . . 126 3.5.36 Matters a condition lessening cost impacts for infrastructure must deal with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 PART 6--MINISTERIAL IDAS POWERS Division 1--Ministerial direction 3.6.1 When Ministerial direction may be given . . . . . . . . . . . . . . . . . . . . . . . . . . 130 3.6.2 Notice of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 3.6.3 Effect of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Division 2--Ministerial call in powers 3.6.4 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 3.6.5 When development application may be called in . . . . . . . . . . . . . . . . . . . 131
10 Integrated Planning 3.6.6 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 3.6.7 Effect of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 3.6.8 Process if call in decision does not deal with all aspects of the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PART 7--PLANS OF SUBDIVISION 3.7.1 Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 3.7.2 Plan for reconfiguring under development permit . . . . . . . . . . . . . . . . . . . . 134 3.7.3 Plan submitted under condition of development permit . . . . . . . . . . . . . . . 135 3.7.4 Plan for reconfiguring that is not assessable development . . . . . . . . . . . . . 135 3.7.5 Endorsement of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 3.7.6 When approved plan to be lodged for registration . . . . . . . . . . . . . . . . . . . 136 3.7.7 Local government approval subject to other Act . . . . . . . . . . . . . . . . . . . . 136 CHAPTER 4--APPEALS, OFFENCES AND ENFORCEMENT PART 1--PLANNING AND ENVIRONMENT COURT Division 1--Establishment and jurisdiction of court 4.1.1 Continuance of Planning and Environment Court . . . . . . . . . . . . . . . . . . . . 137 4.1.2 Jurisdiction of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 4.1.3 Jurisdiction in chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Division 2--Powers of court 4.1.4 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 4.1.5 Contempt and contravention of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 4.1.6 Terms of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 4.1.7 Taking and recording evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 3--Constituting court 4.1.8 Constituting court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 4.1.9 Jurisdiction of judges not impaired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 4--Rules and directions 4.1.10 Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 4.1.11 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Division 5--Parties to proceedings and court sittings 4.1.12 Where court may sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 4.1.13 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 4.1.14 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
11 Integrated Planning 4.1.15 What happens if judge dies or is incapacitated . . . . . . . . . . . . . . . . . . . . . 141 4.1.16 Stating case for Court of Appeal's opinion . . . . . . . . . . . . . . . . . . . . . . . . . 141 Division 6--Other court officials and registry 4.1.17 Registrars and other court officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 4.1.18 Registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 4.1.19 Court records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 4.1.20 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Division 7--Other court matters 4.1.21 Court may make declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 4.1.22 Court may make orders about declarations . . . . . . . . . . . . . . . . . . . . . . . . . 143 4.1.23 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 4.1.24 Privileges, protection and immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 4.1.25 Payment of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 4.1.26 Evidence of planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Division 8--Appeals to court relating to development applications 4.1.27 Appeals by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 4.1.28 Appeals by submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 4.1.29 Appeals by advice agency submitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 4.1.30 Appeals for matters arising after approval given (co-respondents) . . . . . . 147 Division 9--Appeals to court about other matters 4.1.31 Appeals for matters arising after approval given (no co-respondents) . . . 148 4.1.32 Appeals against enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 4.1.33 Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 4.1.34 Appeals against decisions on compensation claims . . . . . . . . . . . . . . . . . . 149 4.1.35 Appeals against decisions on requests to acquire designated land under hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 4.1.36 Appeals against disqualification as a private certifier . . . . . . . . . . . . . . . . 150 4.1.37 Appeals from tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 4.1.38 Court may remit matter to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Division 10--Making an appeal to court 4.1.39 How appeals to the court are started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 4.1.40 Certain appellants must obtain information about submitters . . . . . . . . . . 151 4.1.41 Notice of appeal to other parties (div 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
12 Integrated Planning 4.1.42 Notice of appeal to other parties (div 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 4.1.43 Respondent and co-respondents for appeals under div 8 . . . . . . . . . . . . . . 153 4.1.44 Respondent and co-respondents for appeals under div 9 . . . . . . . . . . . . . . 153 4.1.45 How a person may elect to be co-respondent . . . . . . . . . . . . . . . . . . . . . . . 153 4.1.46 Minister entitled to be represented in an appeal involving a State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 4.1.47 Lodging appeal stops certain actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Division 11--Alternative dispute resolution 4.1.48 ADR process applies to proceedings started under this part . . . . . . . . . . . 154 Division 12--Court process for appeals 4.1.49 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 4.1.50 Who must prove case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 4.1.51 Court may hear appeals together . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 4.1.52 Appeal by way of hearing anew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 4.1.53 Court must not decide appeal unless notification stage complied with . . 157 4.1.54 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 4.1.55 Court may allow longer period to take an action . . . . . . . . . . . . . . . . . . . . 158 Division 13--Appeals to Court of Appeal 4.1.56 Who may appeal to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 4.1.57 When leave to appeal must be sought and appeal made . . . . . . . . . . . . . . 158 4.1.58 Power of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 4.1.59 Lodging appeal stops certain actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 PART 2--BUILDING AND DEVELOPMENT TRIBUNALS Division 1--Establishing, constituting and jurisdiction of tribunals 4.2.1 Establishing building and development tribunals . . . . . . . . . . . . . . . . . . . . 159 4.2.2 Consultation about multiple member tribunals . . . . . . . . . . . . . . . . . . . . . . 160 4.2.3 Same members to continue for duration of tribunal . . . . . . . . . . . . . . . . . . 160 4.2.4 Referee with conflict of interest not to be member of tribunal . . . . . . . . . 160 4.2.5 Referee not to act as member of tribunal in certain cases . . . . . . . . . . . . . 161 4.2.6 Remuneration of members of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 4.2.7 Jurisdiction of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Division 2--Other tribunal officials 4.2.8 Appointment of registrar and other officers . . . . . . . . . . . . . . . . . . . . . . . . . 161
13 Integrated Planning Division 3--Appeals to tribunals relating to development applications 4.2.9 Appeals by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 4.2.10 Appeal by advice agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 4.2.11 Appeals for matters arising after approval given (co-respondents) . . . . . . 163 Division 4--Appeals to tribunal about other matters 4.2.12 Appeals for matters arising after approval given (no co-respondents) . . . 163 4.2.13 Appeals against enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 4.2.14 Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Division 5--Making an appeal to tribunal 4.2.15 How appeals to tribunals are started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 4.2.16 Fast track appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 4.2.17 Notice of appeal to other parties (div 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 4.2.18 Notice of appeal to other parties (div 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 4.2.19 Respondent and co-respondents for appeals under div 3 . . . . . . . . . . . . . . 166 4.2.20 Respondent and co-respondents for appeals under div 4 . . . . . . . . . . . . . . 167 4.2.21 How a person may elect to be co-respondent . . . . . . . . . . . . . . . . . . . . . . . 167 4.2.22 Registrar must ask assessment manager for material in certain proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 4.2.23 Minister entitled to be represented in an appeal involving a State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Division 6--Tribunal process for appeals 4.2.24 Establishing a tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 4.2.25 Procedures of tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 4.2.26 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 4.2.27 Tribunal may allow longer period to take an action . . . . . . . . . . . . . . . . . . 169 4.2.28 Appeal may be by hearing or written submission . . . . . . . . . . . . . . . . . . . . 169 4.2.29 Appeals by hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 4.2.30 Right to representation at tribunal appeal hearing . . . . . . . . . . . . . . . . . . . 169 4.2.31 Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 4.2.32 Appeals by written submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 4.2.33 Matters the tribunal may consider in making a decision . . . . . . . . . . . . . . 170 4.2.34 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
14 Integrated Planning 4.2.35 When decision may be made without representation or submission . . . . . 171 Division 7--Referees 4.2.36 Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 4.2.37 Qualification of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 4.2.38 Term of referee's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 4.2.39 Referee to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 PART 3--DEVELOPMENT OFFENCES, NOTICES AND ORDERS Division 1--Development offences 4.3.1 Carrying out assessable development without permit . . . . . . . . . . . . . . . . . 173 4.3.2 Self-assessable development must comply with codes . . . . . . . . . . . . . . . 173 4.3.3 Compliance with development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 4.3.4 Compliance with identified codes about use of premises . . . . . . . . . . . . . 174 4.3.5 Carrying on unlawful use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 4.3.6 Development or use carried out in emergency . . . . . . . . . . . . . . . . . . . . . . 174 4.3.7 Giving a false or misleading notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Division 2--Show cause notices 4.3.8 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 4.3.9 Giving show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 4.3.10 General requirements of show cause notice . . . . . . . . . . . . . . . . . . . . . . . . 175 Division 3--Enforcement notices 4.3.11 Giving enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 4.3.12 Restriction affecting giving of enforcement notice . . . . . . . . . . . . . . . . . . . 176 4.3.13 Specific requirements of enforcement notice . . . . . . . . . . . . . . . . . . . . . . . 177 4.3.14 General requirements of enforcement notices . . . . . . . . . . . . . . . . . . . . . . . 177 4.3.15 Compliance with enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 4.3.16 Processing application required by enforcement notice . . . . . . . . . . . . . . . 178 4.3.17 Assessing authority may take action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Division 4--Offence proceedings in magistrates court 4.3.18 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 4.3.19 Proceeding brought in a representative capacity . . . . . . . . . . . . . . . . . . . . 179 4.3.20 Magistrates court may make orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 4.3.21 Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
15 Integrated Planning Division 5--Enforcement orders of court 4.3.22 Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 4.3.23 Proceeding brought in a representative capacity . . . . . . . . . . . . . . . . . . . . 182 4.3.24 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 4.3.25 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 4.3.26 Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 4.3.27 Court's powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 4.3.28 Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Division 6--Application of Acts 4.3.29 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 PART 4--LEGAL PROCEEDINGS Division 1--Proceedings 4.4.1 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 4.4.2 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 185 4.4.3 Executive officers must ensure corporation complies with Act . . . . . . . . . 185 Division 2--Fines and costs 4.4.4 When fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . 186 4.4.5 Order for compensation or remedial action . . . . . . . . . . . . . . . . . . . . . . . . . 186 4.4.6 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Division 3--Evidence 4.4.7 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 4.4.8 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 4.4.9 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 4.4.10 Matter coming to complainant's knowledge . . . . . . . . . . . . . . . . . . . . . . . . 188 4.4.11 Instruments, equipment and installations . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 4.4.12 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 4.4.13 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 4.4.14 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 189 CHAPTER 5--MISCELLANEOUS PART 1--INFRASTRUCTURE CHARGES Division 1--Preliminary 5.1.1 Meaning of "development infrastructure item" . . . . . . . . . . . . . . . . . . . . . . 190
16 Integrated Planning 5.1.2 Meaning of "desired standard of service" . . . . . . . . . . . . . . . . . . . . . . . . . . 191 5.1.3 Meaning of "life cycle cost" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 5.1.4 Meaning of "infrastructure charges plan" . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Division 2--Charging for development infrastructure items 5.1.5 Fixing infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 5.1.6 Infrastructure charge must be based on plan and other matters . . . . . . . . . 193 5.1.7 Fixing a charge for an item not included in plan . . . . . . . . . . . . . . . . . . . . 193 5.1.8 Notice of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 5.1.9 Actions required if charge is payable by applicant . . . . . . . . . . . . . . . . . . . 195 5.1.10 When charge is payable by applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 5.1.11 When development infrastructure item must be supplied . . . . . . . . . . . . . 197 5.1.12 Different times may be agreed on for paying the charge or supplying the development infrastructure item . . . . . . . . . . . . . . . . . . . . . . 197 5.1.13 Charge may apply to items outside local government's area . . . . . . . . . . 198 Division 3--Miscellaneous 5.1.14 Infrastructure charges taken to be a rate . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 5.1.15 Alternatives to paying infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . 198 5.1.16 Public notice of proposed sale of certain land held in trust by local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 5.1.17 Local government to consider all submission . . . . . . . . . . . . . . . . . . . . . . . 199 5.1.18 Sale extinguishes the trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 PART 2-- INFRASTRUCTURE AGREEMENTS 5.2.1 Meaning of "infrastructure agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 5.2.2 Agreements may be entered into about infrastructure . . . . . . . . . . . . . . . . 200 5.2.3 Matters certain infrastructure agreements must contain . . . . . . . . . . . . . . . 201 5.2.4 Copy of infrastructure agreements to be given to local government . . . . . 201 5.2.5 When infrastructure agreements bind successors in title . . . . . . . . . . . . . . 202 5.2.6 Exercise of discretion unaffected by infrastructure agreements . . . . . . . . . 202 PART 3--PRIVATE CERTIFICATION 5.3.1 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 5.3.2 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 5.3.3 What is a private certifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 5.3.4 Application must not be inconsistent with earlier approval . . . . . . . . . . . . 203
17 Integrated Planning 5.3.5 Private certifier may decide certain development applications and inspect and certify certain works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 5.3.6 Local government may undertake private certification outside its area . . 204 5.3.7 Persons other than local governments may undertake private certification anywhere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 5.3.8 Private certifiers must act in the public interest . . . . . . . . . . . . . . . . . . . . . 205 5.3.9 Engaging private certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 5.3.10 Private certifiers may not be engaged if there is a conflict of interest . . . 206 5.3.11 Discontinuing engagement of private certifiers . . . . . . . . . . . . . . . . . . . . . . 206 5.3.12 Engaging replacement private certifier for application . . . . . . . . . . . . . . . 206 5.3.13 Engaging replacement private certifier to inspect work . . . . . . . . . . . . . . . 206 5.3.14 Minister or an accrediting body may disqualify a private certifier . . . . . . 207 5.3.15 Effect of transfer of functions to local government or replacement private certifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 5.3.16 Liability insurance and performance bonds . . . . . . . . . . . . . . . . . . . . . . . . . 208 5.3.17 Documents to be kept by private certifiers . . . . . . . . . . . . . . . . . . . . . . . . . 208 PART 4--COMPENSATION 5.4.1 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 5.4.2 Compensation for reduced value of interest in land . . . . . . . . . . . . . . . . . . 209 5.4.3 Compensation for interest in land being changed to public purpose . . . . . 210 5.4.4 Limitations on compensation under ss 5.4.2 and 5.4.3 . . . . . . . . . . . . . . . . 210 5.4.5 Compensation for erronous planning and development certificates . . . . . 212 5.4.6 Time limits for claiming compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 5.4.7 Time limits for deciding and advising on claims . . . . . . . . . . . . . . . . . . . . 212 5.4.8 Deciding claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 5.4.9 Calculating reasonable compensation involving changes . . . . . . . . . . . . . 213 5.4.10 When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 5.4.11 Payment of compensation to be recorded on title . . . . . . . . . . . . . . . . . . . . 214 PART 5--POWER TO PURCHASE, TAKE OR ENTER LAND FOR PLANNING PURPOSES 5.5.1 Local government may take or purchase land . . . . . . . . . . . . . . . . . . . . . . . 215 5.5.2 Assessment manager's power to enter land in certain circumstances . . . . 216 5.5.3 Compensation for loss or damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
18 Integrated Planning PART 6--PUBLIC HOUSING 5.6.1 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 5.6.2 Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 5.6.3 How IDAS applies to development by commission . . . . . . . . . . . . . . . . . . 217 5.6.4 Commission must publicly notify certain proposed development . . . . . . . 217 5.6.5 Commission must advise local government about all development . . . . . 218 PART 7--PUBLIC ACCESS TO PLANNING AND DEVELOPMENT INFORMATION Division 1--Preliminary 5.7.1 Meaning of "available for inspection and purchase" . . . . . . . . . . . . . . . . . 219 Division 2--Documents available for inspection and purchase or inspection only 5.7.2 Documents local government must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 5.7.3 Documents local government must keep available for inspection only . . 221 5.7.4 Documents assessment manager must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 5.7.5 Documents assessment manager must keep available for inspection only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 5.7.6 Documents department must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 5.7.7 Documents department must keep available for inspection only . . . . . . . 224 Division 3--Planning and development certificates 5.7.8 Application for planning and development certificate . . . . . . . . . . . . . . . . 224 5.7.9 Limited planning and development certificates . . . . . . . . . . . . . . . . . . . . . 224 5.7.10 Standard planning and development certificates . . . . . . . . . . . . . . . . . . . . 225 5.7.11 Full planning and development certificates . . . . . . . . . . . . . . . . . . . . . . . . 225 5.7.12 Time within which planning and development certificate must be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 5.7.13 Effect of planning and development certificate . . . . . . . . . . . . . . . . . . . . . 227 PART 8--GENERAL 5.8.1 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 5.8.2 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 5.8.3 Application of State Development and Public Works Organization Act 1971, s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
19 Integrated Planning 5.8.4 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 228 5.8.5 References to Planning and Environment Court etc. in other Acts . . . . . . 228 5.8.6 Evidence of planning instruments or notices of designation . . . . . . . . . . . 228 5.8.7 Planning instruments presumed to be within jurisdiction . . . . . . . . . . . . . . 229 CHAPTER 6--SAVINGS AND TRANSITIONALS, REPEALS AND CONSEQUENTIAL AMENDMENTS PART 1--SAVINGS AND TRANSITIONALS Division 1--Preliminary 6.1.1 Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 Division 2--Planning schemes 6.1.2 Continuing effect of former planning schemes . . . . . . . . . . . . . . . . . . . . . . 231 6.1.3 What are transitional planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 6.1.4 Transitional planning schemes for local government areas . . . . . . . . . . . . 231 6.1.5 Applying transitional planning schemes to local government areas . . . . . 232 6.1.6 Amending transitional planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . 232 6.1.7 Amending transitional planning schemes for consistency with ch 3 . . . . . 232 6.1.8 Converting transitional planning schemes to IPA planning schemes . . . . 233 6.1.9 Preparation of planning schemes under repealed Act may continue . . . . . 233 6.1.10 Preparation of amendments to planning schemes under repealed Act may continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 6.1.11 Transitional planning schemes lapse after 5 years . . . . . . . . . . . . . . . . . . . 235 Division 3--Interim development control provisions 6.1.12 Continuing effect of interim development control provisions . . . . . . . . . . 235 Division 4--Planning scheme policies 6.1.13 Continuing effect of local planning policies . . . . . . . . . . . . . . . . . . . . . . . . 236 6.1.14 What are transitional planning scheme policies . . . . . . . . . . . . . . . . . . . . . 236 6.1.15 Transitional planning scheme policies for local government areas . . . . . . 236 6.1.16 Amending transitional planning scheme policies . . . . . . . . . . . . . . . . . . . . 236 6.1.17 Amending transitional planning scheme policies for consistency with ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 6.1.18 Repealing transitional planning scheme policies . . . . . . . . . . . . . . . . . . . . 237 6.1.19 Planning scheme policies may support transitional planning schemes . . . 238 6.1.20 Planning scheme polices for infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . 238
20 Integrated Planning 6.1.21 IPA planning schemes cancel existing planning scheme policies . . . . . . 238 Division 5--State planning policies 6.1.22 Continuing effect of State planning policies . . . . . . . . . . . . . . . . . . . . . . . . 239 Division 6--Existing approvals and conditions 6.1.23 Continuing effect of approvals issued before commencement . . . . . . . . . . 239 6.1.24 Certain conditions attach to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Division 7--Applications in progress 6.1.25 Effect of commencement on certain applications in progress . . . . . . . . . . 241 6.1.26 Effect of commencement on other applications in progress . . . . . . . . . . . . 242 6.1.27 Applications for compensation continue . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Division 8--Applications made or development carried out after the commencement of this division 6.1.28 IDAS must be used for processing applications . . . . . . . . . . . . . . . . . . . . . 242 6.1.29 Assessing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 6.1.30 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 6.1.31 Conditions about infrastructure for applications . . . . . . . . . . . . . . . . . . . . . 246 6.1.32 Conditions about infrastructure for applications under interim development control provisions or subdivision of land by-laws . . . . . . . . . 247 6.1.33 Conditions about infrastructure for applications about reconfiguring a lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 6.1.34 Consequential amendment of transitional planning schemes . . . . . . . . . . 248 6.1.35 Self-assessable development under transitional planning schemes . . . . . . 248 Division 9--Planning and Environment Court 6.1.36 Appointments of judges continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 6.1.37 Court orders continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 6.1.38 Rules of court continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 6.1.39 Proceedings started under repealed Act continue . . . . . . . . . . . . . . . . . . . . 249 Division 10--Miscellaneous 6.1.40 Application of ch 1, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 6.1.41 Application of ch 2, pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 6.1.42 Application of ch 2, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 6.1.43 Application of ch 2, pt 6 for Transport Infrastructure Act 1994 . . . . . . . . . 250 6.1.44 Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances . . . . . . . . . . . . . . . . . . . . 251
21 Integrated Planning 6.1.45 Infrastructure agreements under repealed Act . . . . . . . . . . . . . . . . . . . . . . . 253 6.1.46 Local Government (Robina Central Planning Agreement) Act 1992 . . . . 253 6.1.47 Delegations continue until withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 6.1.48 Registers must be kept available for inspection and purchase . . . . . . . . . 253 6.1.49 Town planning certificates may be used as evidence . . . . . . . . . . . . . . . . 254 6.1.50 Right to compensation continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 6.1.51 Orders in council about Crown land under repealed Act . . . . . . . . . . . . . . 254 6.1.52 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 PART 2--REPEALS 6.2.1 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 PART 3--CONSEQUENTIAL AMENDMENTS 6.3.1 Acts amended--sch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 256 PROCESS FOR MAKING OR AMENDING PLANNING SCHEMES PART 1--PRELIMINARY CONSULTATION AND PREPARATION STAGE 1 Resolution to prepare planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 2 Local government may shorten process for certain amendments . . . . . . . 256 3 Statement of proposals for preparing planning scheme . . . . . . . . . . . . . . . 257 4 Core matters for planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 5 Public notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 6 Public access to statement of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 7 Consideration of all submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 8 Minimum requirements for consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 9 Resolution proposing planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 PART 2--CONSIDERATION OF STATE INTERESTS AND CONSULTATION STAGE 10 Minister may allow process to be shortened for certain amendments publicly consulted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 11 Ensuring proposed planning scheme does not adversely affect State interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 12 Public notice and access of proposed planning scheme . . . . . . . . . . . . . . . 262 13 Public access to proposed planning scheme . . . . . . . . . . . . . . . . . . . . . . . . 263
22 Integrated Planning 14 Consideration of all submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 15 Minimum requirements for consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 16 Decision on proceeding with proposed planning scheme . . . . . . . . . . . . . . 264 17 Reporting to persons who made submissions about proposed planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 18 Reconsidering proposed planning scheme for adverse effects on State interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 PART 3--ADOPTION STAGE 19 Resolution about adopting proposed planning scheme . . . . . . . . . . . . . . . . 266 20 Public notice of adoption of, and access to, planning schemes . . . . . . . . 267 21 Copy of notice and planning scheme to chief executive . . . . . . . . . . . . . . 267 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 268 PROCESS FOR MAKING TEMPORARY LOCAL PLANNING INSTRUMENTS PART 1--PROPOSAL STAGE 1 Resolution to prepare temporary local planning instrument . . . . . . . . . . . . 268 2 Minister's approval required to proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 PART 2--ADOPTION STAGE 3 Resolution about adopting proposed temporary local planning instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 4 Public notice of adoption of, and access to, temporary local planning instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 5 Copy of notice and temporary local planning instrument to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 271 PROCESS FOR MAKING OR AMENDING PLANNING SCHEME POLICIES PART 1--PROPOSAL STAGE 1 Resolution proposing action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 PART 2--CONSULTATION STAGE 2 Public notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 3 Public access to relevant documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 4 Consideration of all submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
23 Integrated Planning PART 3--ADOPTION STAGE 5 Resolution about adopting proposed planning scheme policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 6 Reporting to persons who made submissions about proposed action . . . . . 273 7 Public notice of adoption of, and access to, planning scheme policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 8 Copy of notice and policy or amendment to chief executive . . . . . . . . . . 274 SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 275 PROCESS FOR MAKING OR AMENDING STATE PLANNING POLICIES PART 1--PREPARATION STAGE 1 Minister may prepare proposed State planning policy or amendment . . . 275 PART 2--CONSULTATION STAGE 2 Public notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 3 Public access to relevant documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 4 Consideration of all submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 5 Consultation stage does not apply in certain circumstances . . . . . . . . . . . 276 PART 3--ADOPTION STAGE 6 Resolution about adopting proposed State planning policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 7 Reporting to persons who made submissions about proposed action . . . . . 277 8 Public notice of adoption of, and access to, State planning policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 9 Copies of State planning policies to local governments . . . . . . . . . . . . . . 278 SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 279 COMMUNITY INFRASTRUCTURE SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . 281 PROCESS FOR MINISTERIAL DESIGNATIONS PART 1--CONSULTATION STAGE 1 Notice of proposed designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 2 Consideration of all submissions and other matters . . . . . . . . . . . . . . . . . . 282 PART 2--DESIGNATION STAGE 3 Deciding designation proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 4 Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
24 Integrated Planning 5 Procedures if designation does not proceed . . . . . . . . . . . . . . . . . . . . . . . . . 283 SCHEDULE 7 . . . . . . . . . . . . . . . . . . . . . . . 285 PROCESS FOR MINISTERIAL DESIGNATION IF CONSULTATION HAS PREVIOUSLY BEEN CARRIED OUT 1 Making designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 2 Procedures after designation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 SCHEDULE 8 . . . . . . . . . . . . . . . . . . . . . . . 287 ASSESSABLE, SELF-ASSESSABLE AND EXEMPT DEVELOPMENT SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . 295 CONSEQUENTIAL AMENDMENTS LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . 296 DICTIONARY
A BILL FOR An Act for a framework to integrate planning and development assessment so that development and its effects are managed in a way that is ecologically sustainable, and for related purposes
s 1.1.1 26 s 1.2.1 Integrated Planning The Parliament of Queensland enacts-- 1 HAPTER 1--PRELIMINARY 2 C PART 1--INTRODUCTION 3 title 4 Short 1.1.1. This Act may be cited as the Integrated Planning Act 1997. 5 6 Commencement 1.1.2. This Act commences on a day to be fixed by proclamation. 7 PART 2--PURPOSE AND ADVANCING THE 8 PURPOSE 9 of Act 10 Purpose 1.2.1. The purpose of this Act is to seek to achieve ecological 11 sustainability1 by-- 12 (a) coordinating and integrating planning at the local, regional and 13 State levels; and 14 (b) managing the process by which development occurs; and 15 (c) managing the effects of development on the environment 16 (including managing the use of premises). 17 1 `Ecological sustainability' is defined in section 1.3.3 (Meaning of "ecological sustainability")
s 1.2.2 27 s 1.2.3 Integrated Planning Act's purpose 1 Advancing 1.2.2.(1) If, under this Act, a function or power is conferred on an entity, 2 the entity must-- 3 (a) unless paragraph (b) or (c) applies--perform the function or 4 exercise the power in a way that advances this Act's purpose; or 5 (b) if the entity is an assessment manager other than a local 6 government--in assessing and deciding a matter under this Act, 7 have regard to this Act's purpose; or 8 (c) if the entity is a referral agency other than a local government 9 (unless the local government is acting as a referral agency under 10 devolved or delegated powers)--in assessing and deciding a 11 matter under this Act, have regard to this Act's purpose. 12 (2) Subsection (1) does not apply to code assessment under this Act. 13 advancing this Act's purpose includes 14 What 1.2.3.(1) Advancing this Act's purpose includes-- 15 (a) ensuring decision-making processes-- 16 (i) are accountable, coordinated and efficient; and 17 (ii) take account of short and long-term environmental effects of 18 development at local, regional, State and wider levels; and 19 (b) ensuring the sustainable use of renewable natural resources and 20 the prudent use of non-renewable natural resources; and 21 (c) avoiding, if practicable, or otherwise lessening, adverse 22 environmental effects of development; and 23 (d) supplying infrastructure in a coordinated, efficient and orderly 24 way, including encouraging urban development in areas where 25 adequate infrastructure exists or can be provided efficiently; and 26 (e) applying standards of amenity, conservation, energy, health and 27 safety in the built environment that are cost effective and for the 28 public benefit; and 29 (f) providing opportunities for community involvement in decision 30 making. 31
s 1.3.1 28 s 1.3.2 Integrated Planning (2) In subsection (1)(b)-- 1 "natural resources" includes biological, energy, extractive, land and water 2 resources that are important to economic development because of their 3 contribution to employment generation and wealth creation. 4 ART 3--INTERPRETATION 5 P Division 1--Standard definitions 6 dictionary 7 Definitions--the 1.3.1. The dictionary in schedule 10 defines particular words used in this 8 Act.2 9 Division 2--Key definitions 10 of "development" 11 Meaning 1.3.2. "Development" is any of the following-- 12 (a) carrying out building work; 13 (b) carrying out plumbing or drainage work; 14 2 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Act are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where the definitions can be found. For example, the definition ` "acknowledgment notice" see section 3.2.3(1)', tells the reader there is a definition of acknowledgment notice in the section.
s 1.3.3 29 s 1.3.5 Integrated Planning (c) carrying out operational work; 1 (d) reconfiguring a lot; 2 (e) making a material change of use of premises. 3 of "ecological sustainability" 4 Meaning 1.3.3. "Ecological sustainability" is a balance that integrates-- 5 (a) protection of ecological processes and natural systems; and 6 (b) economic development; and 7 (c) maintenance of the cultural, economic, physical and social 8 wellbeing of people and communities. 9 of "lawful use" 10 Meaning 1.3.4. A use of premises is a "lawful use" of the premises if-- 11 (a) the use is a natural and ordinary consequence of making a 12 material change of use of the premises; and 13 (b) the making of the material change of use was in accordance with 14 this Act. 15 Division 3--Supporting definitions and explanations for key definitions 16 for terms used in "development" 17 Definitions 1.3.5. In this Act-- 18 "building work" means-- 19 (a) building, repairing, altering, underpinning (whether by vertical or 20 lateral support), moving or demolishing a building; or 21 (b) excavating or filling-- 22 (i) for, or incidental to, the activities mentioned in paragraph (a); 23 or 24 (ii) that may adversely affect the stability of a building, whether 25 on the land on which the building is situated or on adjoining 26
s 1.3.5 30 s 1.3.5 Integrated Planning land; or 1 (c) supporting (whether vertically or laterally) land for activities 2 mentioned in paragraph (a). 3 "drainage work" means installing, repairing, altering or removing-- 4 (a) a sanitary drain used, or intended to be used, to carry sewage 5 from sanitary plumbing to a sewer, or on-site sewerage system; 6 or 7 (b) a property sewer; or 8 (c) an on-site sewerage system, including a common effluent drain, 9 located on premises; or 10 (d) a stormwater installation on premises. 11 "lot" means-- 12 (a) a lot under the Land Title Act 1994;3 or 13 (b) a separate, distinct parcel of land for which an interest is recorded 14 in a register under the Land Act 1994; or 15 (c) common property for a community titles scheme under the Body 16 Corporate and Community Management Act 1997; or 17 (d) a lot or common property to which the Building Units and Group 18 Titles Act 1980 continues to apply;4 or 19 (e) a community or precinct thoroughfare under the Mixed Use 20 3 Land Title Act 1994, schedule 2-- "lot" means a separate, distinct parcel of land created on-- (a) the registration of a plan of subdivision; or (b) the recording of particulars of an instrument; and includes a lot under the Building Units and Group Titles Act 1980. 4 The Building Units and Group Titles Act 1980 may continue to apply to the following Acts-- (a) the Integrated Resort Development Act 1987; (b) the Mixed Use Development Act 1993; (c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; (d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; (e) the Sanctuary Cove Resort Act 1985.
s 1.3.5 31 s 1.3.5 Integrated Planning Development Act 1993; or 1 (f) a primary or secondary thoroughfare under the Integrated Resort 2 Development Act 1987 or the Sanctuary Cove Resort Act 1985. 3 "material change of use", of premises, means-- 4 (a) the start of a new use of the premises; or 5 (b) the re-establishment on the premises of a use that has been 6 abandoned; or 7 (c) a material change in the character, intensity or scale of the use of 8 the premises. 9 "operational work" means-- 10 (a) extracting gravel, rock, sand or soil from the place where it occurs 11 naturally; or 12 (b) planting trees or managing, felling and removing standing timber 13 for an ongoing forestry business (whether in a native forest or a 14 plantation); or 15 (c) excavating or filling that materially affects premises or their use; 16 or 17 (d) placing an advertising device on premises; or 18 (e) undertaking work (other than destroying or removing vegetation) 19 in, on, over or under premises that materially affects premises or 20 their use; 21 but does not include building, drainage or plumbing work. 22 "plumbing work" means installing, repairing, altering or removing any 23 system, or components of a system, for-- 24 (a) supplying water within premises from the point of connection to 25 a property service; or 26 (b) conveying sewage from premises to a sanitary drain; or 27 (c) a fire service within premises. 28 "reconfiguring a lot" means-- 29 (a) creating lots by subdividing another lot; or 30 (b) amalgamating 2 or more lots; or 31
s 1.3.6 32 s 1.3.6 Integrated Planning (c) rearranging the boundaries of a lot by registering a plan of 1 subdivision; or 2 (d) dividing land into parts by agreement (other than a lease for a 3 term, including renewal options, not exceeding 10 years) 4 rendering different parts of a lot immediately available for 5 separate disposition or separate occupation; or 6 (e) creating an easement giving access to a lot from a constructed 7 road. 8 of terms used in "ecological sustainability" 9 Explanation 1.3.6. For section 1.3.3-- 10 (a) ecological processes and natural systems are protected if-- 11 (i) the life supporting capacities of air, ecosystems, soil and 12 water are conserved, enhanced or restored for present and 13 future generations; and 14 (ii) biological diversity is protected; and 15 (b) economic development occurs if there are diverse, efficient, 16 resilient and strong economies (including local, regional and State 17 economies) enabling communities to meet their present needs 18 while not compromising the ability of future generations to meet 19 their needs; and 20 (c) the cultural, economic, physical and social wellbeing of people 21 and communities is maintained if-- 22 (i) well-serviced communities with affordable, efficient, safe 23 and sustainable development are created and maintained; and 24 (ii) areas and places of special aesthetic, architectural, cultural, 25 historic, scientific, social or spiritual significance are 26 conserved or enhanced; and 27 (iii) integrated networks of pleasant and safe public areas for 28 aesthetic enjoyment and cultural, recreational or social 29 interaction are provided. 30
s 1.3.7 33 s 1.3.8 Integrated Planning Division 4--General matters of interpretation 1 in this Act prevail over words in planning instruments 2 Words 1.3.7. If a word in a planning instrument has a meaning that is 3 inconsistent with the meaning of the same word in this Act, the meaning of 4 the word in this Act prevails to the extent of the inconsistency. 5 in Act to applicants, assessment managers, agencies etc. 6 References 1.3.8. In a provision of this Act about a development application, a 7 reference to-- 8 (a) the applicant is a reference to the person who made the 9 application; and 10 (b) development, or the development, is a reference to development 11 the subject of the application; and 12 (c) the assessment manager is a reference to the assessment manager 13 for the application; and 14 (d) a referral agency, concurrence agency or advice agency is a 15 reference to a referral agency, concurrence agency or advice 16 agency for the application; and 17 (e) the local government is a reference to the local government for the 18 local government area where the development is proposed; and 19 (f) an information request is a reference to an information request for 20 assessing the application; and 21 (g) the acknowledgment notice is a reference to the acknowledgment 22 notice for the application; and 23 (h) a referral agency response is a reference to a referral agency 24 response for the application; and 25 (i) the development approval is a reference to the development 26 approval for the application; and 27 (j) the land is a reference to the land that is the subject of the 28 application; and 29 (k) the planning scheme is a reference to the planning scheme for the 30
s 1.4.1 34 s 1.4.1 Integrated Planning locality where the development is to take place; and 1 (l) a submitter is a reference to a submitter for the application; and 2 (m) the decision notice, is a reference to the decision notice for the 3 application. 4 ART 4--USES AND RIGHTS 5 P Division 1--Uses and rights acquired after the commencement of this 6 Act continue 7 uses of premises protected 8 Lawful 1.4.1.(1) If immediately before the commencement of a planning 9 instrument or an amendment of a planning instrument the use of premises 10 was a lawful use of the premises and there has been no material change of 11 the use since the commencement of the instrument or the amendment, 12 neither the instrument nor the amendment can-- 13 (a) stop the use from continuing; or 14 (b) further regulate the use; or 15 (c) require the use to be changed. 16 (2) If there has been a material change of the use of premises since the 17 commencement of a planning instrument or an amendment of a planning 18 instrument, any lawful use of the premises immediately before the 19 commencement is taken to be a lawful use of the premises after the 20 commencement-- 21 (a) for as long as the use continues; but 22 (b) only to the extent the lawful use of the premises immediately 23 before the commencement continues. 24 (3) Subsection (2) applies whether or not the material change of use was 25 authorised under a development permit. 26
s 1.4.2 35 s 1.4.3 Integrated Planning planning instruments can not affect existing development 1 New permits 2 1.4.2.(1) This section applies if-- 3 (a) a development permit that has not lapsed exists for premises; and 4 (b) after the permit is issued, a new planning instrument or an 5 amendment of a planning instrument commences. 6 (2) Neither the planning instrument nor the amendment can stop or 7 further regulate the development. 8 and uncommenced right to use premises protected 9 Implied 1.4.3.(1) This section applies if-- 10 (a) a person has been granted a development permit and when the 11 person has completed the development in accordance with the 12 permit the person has the right to use the premises, the subject of 13 the permit, for a particular purpose (because the change to the 14 intended use of the premises was not a material change of use that 15 also would have required a development permit); and 16 (b) the right existed, but the intended use had not started, immediately 17 before the commencement of a new planning instrument or an 18 amendment of a planning instrument declaring the change to the 19 intended use of the premises to be a material change of use 20 requiring a development permit. 21 (2) Neither the planning instrument nor the amendment can stop the use 22 from starting if-- 23 (a) the permitted development is completed within the time stated 24 in-- 25 (i) the permit for completion of the development; or 26 (ii) this Act for completion of the development; and 27 (b) the use of the premises starts within 5 years after the completion. 28
s 1.4.4 36 s 1.4.6 Integrated Planning constructed buildings and works protected 1 Lawfully 1.4.4. If a building or works have been lawfully constructed or effected 2 on or after the commencement of this section, neither a planning instrument 3 nor an amendment of a planning instrument can require the building or 4 works to be altered or removed. 5 under a preliminary approval protected 6 Rights 1.4.5. Neither a planning instrument nor an amendment of a planning 7 instrument can affect a preliminary approval-- 8 (a) before the approval lapses;5 or 9 (b) for an aspect of development that starts within the time stated in 10 the approval for the aspect to start--before the end of the period 11 stated in the approval for the completion of the aspect. 12 Division 2--Uses and rights acquired before the commencement of this 13 Act continue 14 uses of premises protected 15 Lawful 1.4.6. If immediately before the commencement of this section the use of 16 premises was a lawful use under the repealed Act and there has been no 17 material change of the use since the commencement-- 18 (a) the use is taken to be a lawful use under this Act; and 19 (b) neither a planning instrument nor an amendment of a planning 20 instrument can-- 21 (i) stop the use from continuing; or 22 (ii) further regulate the use; or 23 (iii) require the use to be changed. 24 (2) If there has been a material change of the use of premises since the 25 commencement of this section, any lawful use of the premises immediately 26 before the commencement is taken to be a lawful use of the premises after 27 5 Section 3.5.21 (When approvals lapse) specifies when approvals lapse.
s 1.4.7 37 s 1.4.8 Integrated Planning the commencement-- 1 (a) for as long as the use continues; but 2 (b) only to the extent the lawful use of the premises immediately 3 before the commencement continues. 4 (3) Subsection (2) applies whether or not the material change of use was 5 authorised under a development permit. 6 constructed buildings and works protected 7 Lawfully 1.4.7. If a building or works were lawfully constructed before the 8 commencement of this section, neither a planning instrument nor an 9 amendment of a planning instrument can require the building or works to 10 be altered or removed. 11 PART 5--APPLICATION OF ACT 12 binds all persons 13 Act 1.4.8.(1) This Act binds all persons, including the State, and, as far as the 14 legislative power of the Parliament permits, the Commonwealth and the 15 other States. 16 (2) Nothing in this Act makes the State liable to be prosecuted for an 17 offence. 18
s 2.1.1 38 s 2.1.3 Integrated Planning HAPTER 2--PLANNING 1 C PART 1--LOCAL PLANNING INSTRUMENTS 2 1--General provisions about planning schemes 3 Division of "planning scheme" 4 Meaning 2.1.1. A "planning scheme" is an instrument made by a local 5 government under division 3.6 6 to which planning schemes apply 7 Area 2.1.2. A local government's planning scheme applies to the whole of the 8 local government's area (the "planning scheme area"). 9 2--Key concepts for planning schemes 10 Division elements of planning schemes 11 Key 2.1.3.(1) A local government and the Minister must be satisfied that the 12 local government's planning scheme-- 13 (a) coordinates and integrates the matters (including the core matters) 14 dealt with by the planning scheme, including any State and 15 regional dimensions7 of the matters; and 16 (b) identifies the desired environmental 8 outcomes for the planning 17 scheme area; and 18 (c) includes measures that facilitate the desired environmental 19 outcomes to be achieved; and 20 6 The Minister also may make a planning scheme if the local government fails to comply with a direction under section 2.3.2. 7 State and regional dimensions of matters are explained in section 2.1.4. 8 For this Act, "environment" is defined in schedule 10 (Dictionary).
s 2.1.4 39 s 2.1.4 Integrated Planning (d) includes performance indicators to assess the achievement of the 1 desired environmental outcomes; and 2 (e) if the local government is prescribed under a regulation--includes 3 a benchmark development sequence.9 4 (2) Measures facilitating the desired environmental outcomes to be 5 achieved include the identification of relevant-- 6 (a) self-assessable development; and 7 (b) assessable development requiring code or impact assessment. 8 (3) To remove any doubt, it is declared that-- 9 (a) a planning scheme may identify desired environmental outcomes 10 for particular localities within the planning scheme area; and 11 (b) a local government may include a benchmark development 12 sequence in its planning scheme even if the local government is 13 not prescribed under a regulation. 14 regional and local dimensions of planning scheme matters 15 State, 2.1.4.(1) A matter (including a core matter) in a planning scheme may 16 have local, regional or State dimensions. 17 (2) A local dimension of a planning scheme matter is a dimension that is 18 within the jurisdiction of local government but is not a regional or State 19 dimension. 20 (3) A regional dimension of a planning scheme matter is a dimension-- 21 (a) about which a regional planning advisory committee report 22 makes a recommendation; or 23 (b) that can best be dealt with by the cooperation of 2 or more local 24 governments. 25 (4) A State dimension of a planning scheme matter (including a matter 26 reflected in a State planning policy) is a dimension of a State interest. 27 9 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 2.1.5 40 s 2.1.7 Integrated Planning Division 3--Making, amending and consolidating planning schemes 1 for making or amending planning schemes 2 Process 2.1.5.(1) The process stated in schedule 1 must be followed for making 3 or amending a planning scheme. 4 (2) The process involves 3 stages-- 5 · preliminary consultation and preparation stage10 6 · consideration of State interests and consultation stage11 7 · adoption stage.12 8 with sch 1 9 Compliance 2.1.6. Despite section 2.1.5, if a planning scheme is made or amended in 10 substantial compliance with the process stated in schedule 1, the planning 11 scheme or amendment is valid so long as any noncompliance has not-- 12 (a) adversely affected the awareness of the public of the existence and 13 nature of the proposed scheme; or 14 (b) restricted the opportunity of the public under schedule 1 to make 15 properly made submissions; or 16 (c) restricted the opportunity of the Minister to exercise the 17 Minister's powers under schedule 1, sections 10, 11 and 18. 18 of planning schemes and amendments 19 Effects 2.1.7.(1) A planning scheme made under this division for a planning 20 scheme area-- 21 (a) becomes the planning scheme for the area; and 22 (b) replaces any existing planning scheme applying to the area; and 23 10 See schedule 1, part 1. 11 See schedule 1, part 2. 12 See schedule 1, part 3.
s 2.1.8 41 s 2.1.9 Integrated Planning (c) has effect on and from-- 1 (i) the day the adoption of the planning scheme is notified in the 2 gazette; or 3 (ii) if a later day for the commencement of the planning scheme 4 is stated in the planning scheme--the later day. 5 (2) If a planning scheme is amended under this division, the amendment 6 has effect on and from-- 7 (a) the day the adoption of the amendment is notified in the gazette; 8 or 9 (b) if a later day for the commencement of the amendment is stated 10 in the amendment--the later day. 11 planning schemes 12 Consolidating 2.1.8.(1) A local government may prepare a consolidated planning 13 scheme. 14 (2) Schedule 1 does not apply to the preparation of the consolidated 15 planning scheme. 16 (3) The consolidated planning scheme is, in the absence of evidence to 17 the contrary, taken to be the local government's planning scheme as at the 18 day the consolidation is, by resolution, adopted by the local government. 19 Division 4--Temporary local planning instruments 20 of "temporary local planning instrument" 21 Meaning 2.1.9. A "temporary local planning instrument" is an instrument 22 made by a local government under this division.13 23 13 The Minister also may make a temporary local planning instrument if the local government fails to comply with a direction under section 2.3.2.
s 2.1.10 42 s 2.1.12 Integrated Planning of effect of temporary local planning instrument 1 Extent 2.1.10.(1) A temporary local planning instrument may suspend or 2 otherwise affect the operation of a planning scheme for not more than 3 1 year, or a lesser period stated in the temporary local planning instrument, 4 but can not amend a planning scheme. 5 (2) However, a temporary local planning instrument may be made only 6 if the Minister is satisfied-- 7 (a) there is a significant risk of serious environmental harm, within 8 the meaning of the Environmental Protection Act 1994, 9 section 17,14 or serious adverse cultural, economic or social 10 conditions occurring in the planning scheme area; and 11 (b) the delay involved in using the process under schedule 1 to 12 amend the planning scheme would increase the risk. 13 to which temporary local planning instrument applies 14 Area 2.1.11. A temporary local planning instrument may apply to all or only 15 part of a planning scheme area. 16 for making temporary local planning instruments 17 Process 2.1.12.(1) The process stated in schedule 2 must be followed for making 18 a temporary local planning instrument. 19 (2) The process involves 2 stages-- 20 14 Environmental Protection Act 1994, section 17-- "Serious environmental harm" is environmental harm (other than environmental nuisance)-- (a) that causes actual or potential harm to environmental values that is irreversible, of a high impact or widespread; or (b) that causes actual or potential harm to environmental values of an area of high conservation value or special significance; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to-- (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm.
s 2.1.13 43 s 2.1.15 Integrated Planning · proposal stage15 1 · adoption stage.16 2 with sch 2 3 Compliance 2.1.13. If a temporary local planning instrument is made in substantial 4 compliance with the process stated in schedule 2, the instrument is valid. 5 temporary local planning instruments have effect 6 When 2.1.14. A temporary local planning instrument made under this division 7 has effect-- 8 (a) on and from-- 9 (i) the day the adoption of the instrument is notified in the 10 gazette; or 11 (ii) if a later day for the commencement of the instrument is 12 stated in the instrument--the later day; and 13 (b) until the instrument expires or is repealed. 14 temporary local planning instruments 15 Repealing 2.1.15.(1) A temporary local planning instrument may be repealed by-- 16 (a) a resolution of a local government; or 17 (b) the adoption of a planning scheme or an amendment of a 18 planning scheme that specifically repeals the instrument. 19 (2) However, a local government must have the Minister's written 20 approval to make a resolution under subsection (1)(a) if the temporary local 21 planning instrument-- 22 (a) was made by the local government under the direction of the 23 Minister under section 2.3.2(1)(c); or 24 (b) was made by the Minister under section 2.3.3 after a failure of the 25 15 See schedule 2, part 1. 16 See schedule 2, part 2.
s 2.1.16 44 s 2.1.16 Integrated Planning local government to comply with a direction of the Minister under 1 section 2.3.2(1)(c). 2 (3) The local government must publish, in a newspaper circulating 3 generally in the local government's area and in the gazette, a notice stating 4 the following-- 5 (a) the name of the local government; 6 (b) the name of the temporary local planning instrument being 7 repealed; 8 (c) the day the resolution was made; 9 (d) the purpose and general effect of the resolution. 10 (4) On the day the notice is published in the gazette (or as soon as 11 practicable after the day), the local government must give the chief executive 12 a copy of the notice. 13 (5) The repeal takes effect-- 14 (a) if the resolution is made under subsection (1)(a)--on the day the 15 resolution is notified in the gazette; or 16 (b) if the resolution is made under subsection (1)(b)--on the day the 17 resolution adopting the planning scheme is notified in the gazette. 18 5--Planning scheme policies 19 Division of "planning scheme policy" 20 Meaning 2.1.16.(1) A "planning scheme policy" is an instrument that supports 21 the local dimension of a planning scheme and is made by a local 22 government under this division.17 23 (2) To the extent that a planning scheme policy is inconsistent with a 24 planning scheme, the planning scheme prevails. 25 17 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 2.1.17 45 s 2.1.20 Integrated Planning to which planning scheme policy applies 1 Area 2.1.17. A planning scheme policy may apply to all or only part of a 2 planning scheme area. 3 planning scheme policies in planning schemes 4 Adopting 2.1.18. The only document made by a local government that the local 5 government's planning scheme may, under the Statutory Instruments Act 6 1992, section 23, apply, adopt or incorporate, is a planning scheme policy. 7 for making or amending planning scheme policies 8 Process 2.1.19.(1) The process stated in schedule 3 must be followed for making 9 or amending a planning scheme policy. 10 (2) The process involves 3 stages-- 11 · proposal stage18 12 · consultation stage19 13 · adoption stage.20 14 with sch 3 15 Compliance 2.1.20. Despite section 2.1.19, if a planning scheme policy is made or 16 amended in substantial compliance with the process stated in schedule 3, the 17 planning scheme policy or amendment is valid so long as any 18 noncompliance has not-- 19 (a) adversely affected the awareness of the public of the existence and 20 nature of the proposed planning scheme policy or amendment; or 21 (b) restricted the opportunity of the public under schedule 3 to make 22 properly made submissions on the proposed policy or 23 amendment. 24 18 See schedule 3, part 1. 19 See schedule 3, part 2. 20 See schedule 3, part 3.
s 2.1.21 46 s 2.1.22 Integrated Planning of planning scheme policies 1 Effects 2.1.21.(1) A planning scheme policy made under this division for a 2 planning scheme area-- 3 (a) becomes a policy for the area; and 4 (b) if the policy states that it replaces an existing policy--replaces the 5 existing policy; and 6 (c) has effect on and from-- 7 (i) the day the adoption of the policy is first notified in a 8 newspaper circulating generally in the local government's 9 area; or 10 (ii) if a later day for the commencement of the policy is stated in 11 the policy--the later day. 12 (2) If a planning scheme policy is amended under this division, the 13 amendment has effect on and from-- 14 (a) the day the adoption of the amendment is first notified in a 15 newspaper circulating generally in the local government's area; or 16 (b) if a later day for the commencement of the amendment is stated 17 in the amendment--the later day. 18 planning scheme policies 19 Repealing 2.1.22.(1) A local government, by resolution, may repeal a planning 20 scheme policy (other than a planning scheme policy that is replaced by 21 another planning scheme policy). 22 (2) If a local government makes a resolution under subsection (1), the 23 local government must give the Minister a copy of the resolution. 24 (3) The local government must publish, in a newspaper circulating 25 generally in the local government's area, a notice stating the following-- 26 (a) the name of the local government; 27 (b) the name of the planning scheme policy being repealed; 28 (c) the day the resolution was made. 29 (4) On the day the notice is published (or as soon as practicable after the 30
s 2.1.23 47 s 2.1.23 Integrated Planning notice is published), the local government must give the chief executive a 1 copy of the notice. 2 (5) The repeal takes effect on the day the notice is first published in the 3 newspaper. 4 (6) Also, if a new planning scheme (other than an amendment of a 5 planning scheme) is made for a planning scheme area, all existing planning 6 scheme policies for the area are repealed on the day the adoption of the new 7 planning scheme is notified in the gazette. 8 Division 6--Local planning instruments generally 9 planning instruments have force of law 10 Local 2.1.23.(1) A local planning instrument is a statutory instrument under the 11 Statutory Instruments Act 1992 and has the force of law. 12 (2) A local planning instrument may not prohibit development on, or the 13 use of, premises. 14 (3) A planning scheme or a temporary local planning instrument can 15 regulate a use of premises, but only-- 16 (a) by applying to the use a code identified in the planning scheme or 17 temporary local planning instrument; and 18 (b) if-- 19 (i) the use is a natural and ordinary consequence of making a 20 material change of use of the premises happening after the 21 code took effect; and 22 (ii) the making of the material change of use is assessable or 23 self-assessable development. 24 (4) A planning scheme policy can not regulate development on, or the 25 use of, premises. 26 (5) Subsections (2) to (4) apply despite subsection (1). 27
s 2.1.24 48 s 2.2.2 Integrated Planning intentions in local planning instruments not binding 1 Infrastructure 2.1.24. If a local planning instrument indicates the intention of a local 2 government or the State to provide infrastructure, it does not create an 3 obligation on the local government or the State to provide the infrastructure. 4 ART 2--REVIEWING LOCAL PLANNING 5 P INSTRUMENTS 6 1--Review of planning schemes by local government 7 Division government must review planning scheme every 6 years 8 Local 2.2.1.(1) Each local government must complete a review of its planning 9 scheme-- 10 (a) within 6 years after the planning scheme was originally adopted; 11 or 12 (b) if a review of the planning scheme has been previously 13 completed--within 6 years after the completion of the last review. 14 (2) The review must include an assessment of the achievement of the 15 desired environmental outcomes stated in the planning scheme having 16 regard to the performance indicators stated in the scheme. 17 of action local government may take 18 Courses 2.2.2.(1) After reviewing its planning scheme, the local government 19 must, by resolution-- 20 (a) propose to prepare a new scheme; or 21 (b) propose to amend the scheme; or 22 (c) if the local government is satisfied that the scheme is suitable to 23 continue without amendment--decide to take no further action. 24 (2) A resolution by the local government under schedule 1 not to proceed 25
s 2.2.3 49 s 2.2.5 Integrated Planning with or adopt a proposed planning scheme is taken to be a decision under 1 subsection (1)(c). 2 to be prepared about review if decision is to take no action 3 Report 2.2.3. If a local government decides to take no further action under 4 section 2.2.2(1)(c), the local government must-- 5 (a) prepare a report stating the reasons why the local government 6 decided to take no further action; and 7 (b) give a copy of the report to the chief executive. 8 about report to be published 9 Notice 2.2.4.(1) After preparing the report mentioned in section 2.2.3, the local 10 government must publish, in a newspaper circulating generally in the local 11 government's area, a notice stating the following-- 12 (a) the name of the local government; 13 (b) that the local government has prepared a report stating the reasons 14 why the local government decided to take no further action under 15 section 2.2.2(1)(c); 16 (c) that the report is available for inspection and purchase; 17 (d) a contact telephone number for information about the report; 18 (e) the period (the "inspection period"), being not less than 19 40 business days, during which the report is available for 20 inspection and purchase. 21 (2) For all of the inspection period the local government must display a 22 copy of the notice in a conspicuous place in the local government's public 23 office. 24 government must review benchmark development sequence 25 Local annually 26 2.2.5.(1) If a local government's planning scheme includes a benchmark 27 development sequence, the local government must review the sequence 28 each year in consultation with the State agencies that participated in the 29
s 2.2.6 50 s 2.2.7 Integrated Planning preparation of the sequence. 1 (2) Before the local government consults with the State agencies, the 2 local government must assess the factors affecting the sequence since the 3 last review and advise the agencies of any proposed amendments to the 4 sequence. 5 Division 2--Review by independent reviewer 6 for independent review 7 Request 2.2.6.(1) A person may make a written request to the chief executive 8 seeking an independent review of part of a local government's planning 9 scheme or all or part of a local government's planning scheme policy. 10 (2) The request must be-- 11 (a) in the approved form; and 12 (b) accompanied by the fee prescribed under a regulation. 13 executive to inform local government, assess request and set 14 Chief conditions 15 2.2.7.(1) The chief executive must give a copy of the request to the local 16 government. 17 (2) If the chief executive is satisfied, after consultation with the person 18 requesting the review and the local government, that the matters referred to 19 in the request are unlikely to be resolved to the satisfaction of the person 20 requesting the review, subsection (3) applies. 21 (3) The chief executive must consider the request to see if sufficient 22 information has been given to allow conditions to be set for conducting the 23 review. 24 (4) If the chief executive is satisfied that sufficient information has been 25 given to allow the chief executive to set conditions for conducting the 26 review, the chief executive must set the conditions, including the 27 following-- 28 (a) whether the review is to be conducted by hearing and written 29
s 2.2.8 51 s 2.2.8 Integrated Planning submissions or written submissions only; 1 (b) the scope of the matters to be considered by the review; 2 (c) any other local government and any State entity the chief 3 executive is satisfied may be affected by the review and is to be 4 notified about the review; 5 (d) the maximum cost of conducting the review, based on the 6 assessment fees prescribed under a regulation; 7 (e) the apportionment of the maximum cost of conducting the review 8 between-- 9 (i) the person conducting the review; and 10 (ii) the local government and any other local government the 11 chief executive is satisfied may be affected by the review; 12 and 13 (iii) the State entities to be notified about the review. 14 (5) If the chief executive is satisfied that insufficient information has been 15 given to allow the chief executive to set conditions for conducting the 16 review, the chief executive must ask the person making the request for the 17 information that would allow the conditions to be set. 18 and acceptance of conditions for review 19 Notice 2.2.8.(1) After setting the conditions for conducting the review, the chief 20 executive must give the person requesting the review a copy of the 21 conditions. 22 (2) If the person wishes to proceed with the review on the conditions set 23 by the chief executive, the person must, within 20 business days after being 24 given the copy of the conditions (the "acceptance period"), give the chief 25 executive written notice accepting the conditions. 26 (3) If the person requesting the review does not want to proceed with the 27 review on the conditions set by the chief executive, the person may make 28 representations about the conditions to the chief executive. 29 (4) The representations must be made before the end of the acceptance 30 period. 31 (5) After considering any representations made under subsection (3), the 32
s 2.2.9 52 s 2.2.11 Integrated Planning chief executive must decide whether to change the conditions. 1 (6) The chief executive must give the person requesting the review 2 written notice of the chief executive's decision under subsection (5). 3 (7) Subsection (2) applies again to a person given a notice under 4 subsection (6), but subsections (3) to (6) do not. 5 (8) The chief executive may, before the end of the acceptance period, 6 extend the period. 7 (9) If the person requesting the review does not give the chief executive 8 written notice accepting the conditions within the acceptance period, the 9 review lapses. 10 may be conducted together 11 Reviews 2.2.9. If 2 or more persons request reviews, the chief executive may, 12 with the agreement of the persons who requested the reviews, appoint a 13 reviewer to conduct a single review. 14 of reviewer 15 Appointment 2.2.10.(1) After the person requesting the review gives the chief 16 executive written notice accepting the conditions and pays the maximum 17 cost of conducting the review set by the conditions for conducting the 18 review, the chief executive must appoint a reviewer to carry out the review. 19 (2) The reviewer must be an appropriately qualified person. 20 (3) In subsection (2)-- 21 "appropriately qualified" includes having the qualifications, experience or 22 standing necessary to carry out the review. 23 with conflict of interest not to be appointed reviewer 24 Person 2.2.11.(1) This section applies if-- 25 (a) the chief executive proposes to appoint a person as a reviewer and 26 advises the person of the proposed appointment; and 27 (b) the person has a direct or indirect personal interest in a matter to 28 be considered by the review; and 29
s 2.2.12 53 s 2.2.12 Integrated Planning (c) the interest could conflict with the proper performance of the 1 person's duties in relation to the consideration of the matter. 2 (2) The person must advise the chief executive of the interest, and the 3 chief executive must not appoint the person as a reviewer. 4 of review 5 Notice 2.2.12.(1) After appointing a reviewer, the chief executive must-- 6 (a) publish in a newspaper circulating generally in the local 7 government's area a notice about the review; and 8 (b) give the reviewer a copy of the conditions accepted for the review 9 and a copy of the notice published in the newspaper; and 10 (c) give the person requesting the review the name of the reviewer 11 and a copy of the notice published in the newspaper; and 12 (d) give the local government, any other local government the chief 13 executive is satisfied may be affected by the review and the State 14 entities to be notified about the review-- 15 (i) the name of the reviewer; and 16 (ii) the conditions accepted for the review; and 17 (iii) a copy of the notice published in the newspaper. 18 (2) The notice about the review must state the following-- 19 (a) the name of the reviewer; 20 (b) the scope of the matters to be considered by the review; 21 (c) whether the review is to be conducted by hearing and written 22 submissions or written submissions only; 23 (d) if the review is to be conducted by hearing and written 24 submissions--that any person wishing to appear at the hearing 25 must, within 20 business days after the notice first being 26 published (the "consultation period")-- 27 (i) register their interest in appearing at the hearing by giving 28 written notice to the chief executive, or if the chief executive 29 decides that the reviewer is to receive the written notice, the 30 reviewer; and 31
s 2.2.13 54 s 2.2.15 Integrated Planning (ii) give a written statement about the matters the person wishes 1 to raise at the hearing, including the outcomes the person 2 desires the review to achieve; 3 (e) if the review is to be conducted by written submissions 4 only--that written submissions about any aspect of the matter the 5 subject of the review may be given by any person during the 6 consultation period to the chief executive, or if the chief executive 7 decides that the reviewer is to receive the written submissions, the 8 reviewer. 9 of review generally 10 Conduct 2.2.13. The reviewer-- 11 (a) must carry out the review promptly and efficiently; and 12 (b) must consider all submissions made during the consultation 13 period and any hearing; and 14 (c) may be informed on any matter-- 15 (i) in any way the reviewer considers appropriate; and 16 (ii) without notice to any person who has made a submission; 17 and 18 (d) must comply with the conditions accepted by the person who 19 requested the review. 20 and local governments to provide assistance 21 State 2.2.14. Any State entity and any local government that was notified about 22 the review must provide the reviewer with all reasonable assistance required 23 by the reviewer to carry out the review. 24 about hearings by reviewers 25 Directions 2.2.15.(1) Subject to any conditions about the hearing accepted by the 26 person requesting the review, the reviewer may give directions about-- 27 (a) the times and places of hearings; and 28 (b) matters preliminary to hearings; and 29
s 2.2.16 55 s 2.2.16 Integrated Planning (c) the conduct of hearings. 1 (2) The reviewer may refuse to hear a person who fails to comply with a 2 reasonable direction of the reviewer. 3 of hearings 4 Conduct 2.2.16.(1) In conducting the hearing, the reviewer-- 5 (a) need not proceed in a formal way; and 6 (b) must give the person requesting the review and the local 7 government reasonable opportunity to be heard; and 8 (c) must, having regard to the time available for conducting the 9 review, give a reasonable opportunity to be heard to-- 10 (i) any person who, during the consultation period, registered 11 an interest in being heard; and 12 (ii) the other local governments and the State entities notified 13 about the review; and 14 (d) is not bound by the rules of evidence; and 15 (e) may prohibit or regulate questioning in the hearing; and 16 (f) may hear 2 or more submissions together if the submissions 17 concern the same or a related matter. 18 (2) If, because of the time available for conducting the review, a person 19 mentioned in subsection (1)(c)(i) or an entity mentioned in 20 subsection (1)(c)(ii) does not have an opportunity to be heard, or fully 21 heard, the person or entity may make a written submission about the matter 22 to the reviewer. 23 (3) The reviewer may report on the review without hearing a person if 24 the person is not present or represented at the time and place appointed for 25 hearing the person. 26 (4) A person appearing at a hearing may be represented by another 27 person if the other person is not a lawyer. 28
s 2.2.17 56 s 2.2.18 Integrated Planning of reviewer 1 Report 2.2.17.(1) At the end of the review the reviewer must prepare a report 2 (the "reviewer's report") about the review and give the reviewer's report 3 to the chief executive. 4 (2) The reviewer's report must include a recommendation that the part of 5 the planning scheme, or the planning scheme policy, or the part of the 6 planning scheme policy, the subject of the review be amended or repealed 7 or remain unchanged. 8 (3) If the recommendation is for the amendment of the part of the 9 planning scheme, or the planning scheme policy, or the part of the planning 10 scheme policy, the subject of the review, the reviewer's report must also 11 identify the amendment that should be effected. 12 (4) After receiving the reviewer's report, the chief executive must give-- 13 (a) a copy of the report to-- 14 (i) the person who requested the review; and 15 (ii) each person who, during the consultation period, registered 16 an interest in being heard or made a submission; and 17 (iii) the local government, and any other local government and 18 any State entity notified about the review; and 19 (b) a statement of the actual cost of the review to the person who 20 requested the review; 21 (c) to the local government the names and addresses of each person 22 mentioned in paragraph (a)(i) or (ii), and each other local 23 government, and each State entity mentioned in paragraph (a)(iii). 24 government's actions after receiving reviewer's report 25 Local 2.2.18.(1) The local government must, having regard to the 26 recommendation mentioned in section 2.2.17(2), decide to-- 27 (a) amend the local government's planning scheme, or 28 (b) amend a planning scheme policy; or 29 (c) make a new planning scheme policy; or 30 (d) repeal a planning scheme policy; or 31
s 2.2.19 57 s 2.2.20 Integrated Planning (e) do nothing. 1 (2) The local government must give a copy of its decision and the 2 reasons for its decision to-- 3 (a) the Minister; and 4 (b) each person or entity the chief executive gave a copy of the 5 reviewer's report. 6 (3) If the local government decides to take action under subsection (1)(a), 7 the local government must immediately start the process for amending a 8 planning scheme. 9 (4) However, for applying schedule 1, the amendment is taken to be an 10 amendment for which schedule 1, section 2(a) applies. 11 (5) If the local government decides to take action under subsection (1)(b) 12 or (c), the local government must immediately start the process for 13 amending or making a planning scheme policy. 14 (6) If the local government decides to take action under subsection (1)(d), 15 the local government must immediately start the process for repealing a 16 planning scheme policy. 17 actions after receiving reviewer's report 18 Minister's 2.2.19.(1) The Minister must consider the reviewer's report, the local 19 government's decision and the reasons for the decision and decide to-- 20 (a) take action under part 3; or 21 (b) do nothing. 22 (2) The Minister must give a copy of the Minister's decision and the 23 reasons for the Minister's decision to-- 24 (a) the local government; and 25 (b) each other local government and each State entity to which the 26 chief executive gave a copy of the reviewer's report. 27 request for review 28 Withdrawing 2.2.20.(1) The person who requested the review may, by written notice 29
s 2.2.21 58 s 2.2.22 Integrated Planning to the chief executive, withdraw the request at any time up to the completion 1 of the reviewer's report. 2 (2) If the request is withdrawn, the person-- 3 (a) is liable for the costs of conducting the review up to the time the 4 request is withdrawn; but 5 (b) is not liable for any costs under paragraph (a) exceeding the 6 maximum cost of conducting the review set by the conditions for 7 conducting the review. 8 reviewer and others and refunding any overpaid costs 9 Paying 2.2.21.(1) After receiving the reviewer's report, the chief executive must 10 pay the amount received from the person requesting the review to the 11 reviewer, the local government and each other local government and each 12 State entity to which the chief executive gave a copy of the reviewer's 13 report. 14 (2) The amount paid under subsection (1) must be paid in the 15 proportions the chief executive considers appropriate having regard to the 16 apportionments of the maximum cost of conducting the review set by the 17 conditions for conducting the review and the work actually undertaken by 18 the entities to which the amount is to be paid. 19 (3) If the actual cost of conducting the review is less than the amount 20 paid to the chief executive by the person requesting the review, the chief 21 executive must pay the difference to the person requesting the review. 22 (4) To remove any doubt, it is declared that if the cost of conducting the 23 review is more than the maximum cost of conducting the review set by the 24 conditions for conducting the review, the person requesting the review is 25 not liable for any additional costs. 26 not liable for performing functions under review 27 Reviewers 2.2.22. The reviewer is not liable to pay an amount for an action brought 28 against the reviewer arising from any hearing conducted, publication made 29 or anything done or in good faith purportedly done in the performance of 30 the reviewer's functions. 31
s 2.2.23 59 s 2.3.1 Integrated Planning not to affect development applications 1 Reviews 2.2.23. The following are not relevant considerations in the assessment 2 of a development application-- 3 (a) that a review is about to start or has started; 4 (b) if a review has been completed--the recommendations made 5 under the review. 6 ART 3--STATE POWERS 7 P 1--Preliminary 8 Division before exercising powers 9 Procedures 2.3.1.(1) Before a power is exercised under this part, the Minister must 10 give written notice of the proposed exercise of the power to the local 11 government to be affected by the exercise of the power. 12 (2) However, notice need not be given if the power is proposed to be 13 exercised at the local government's request. 14 (3) The notice must state-- 15 (a) the reasons for the proposed exercise of the power; and 16 (b) a time within which the local government may make submissions 17 to the Minister about the proposed exercise of the power. 18 (4) The Minister must consider any submissions made under 19 subsection (3) and advise the local government that the Minister has 20 decided-- 21 (a) not to exercise the power; or 22 (b) to exercise the power. 23 (5) If the Minister decides to exercise the power, the Minister must 24 advise the local government the reasons for deciding to exercise the power. 25
s 2.3.2 60 s 2.3.4 Integrated Planning 2--Exercising State powers 1 Division of Minister to direct local government to take action about local 2 Power planning instrument 3 2.3.2.(1) If the Minister is satisfied that it is necessary to give a direction 4 to protect or give effect to a State interest, the Minister may direct a local 5 government to-- 6 (a) review its planning scheme; or 7 (b) make a planning scheme or amend its planning scheme; or 8 (c) make or repeal a temporary local planning instrument; or 9 (d) make, amend or repeal a planning scheme policy. 10 (2) The direction may be as general or specific as the Minister considers 11 appropriate and must state the reasonable time by which the local 12 government must comply with the direction. 13 (3) The Minister may direct a local government to prepare a consolidated 14 planning scheme. 15 of Minister if local government fails to comply with direction 16 Power 2.3.3.(1) If the local government does not comply with the Minister's 17 direction within the reasonable time stated in the direction, the Minister may 18 act for the local government to take the action the Minister directed the local 19 government to take. 20 (2) Anything done by the Minister under subsection (1) is taken to have 21 been done by the local government and has the same effect as it would have 22 had if the local government had done it. 23 (3) An expense reasonably incurred by the Minister in taking an action 24 under subsection (1) may be recovered from the local government as a debt 25 owing to the State. 26 if Minister takes directed action 27 Process 2.3.4. The process for the Minister to take the action the Minister directed 28 the local government to take is the same as the process for the local 29
s 2.3.5 61 s 2.4.2 Integrated Planning government to take the action except that-- 1 (a) for making or amending a planning scheme, schedule 1, 2 sections 10 and 18 do not apply; and 3 (b) for a temporary local planning instrument, schedule 2, section 2 4 does not apply. 5 in schedules to local government etc. 6 References 2.3.5. If the Minister takes the action the Minister directed the local 7 government to take, a reference in part 1 or 2 or schedule 1, 2 or 3 to-- 8 (a) the local government's public office is a reference to the 9 department's State office; and 10 (b) a decision taken by resolution of the local government is a 11 reference to a decision of the Minister; and 12 (c) a local government's chief executive officer is a reference to the 13 chief executive of the department. 14 ART 4--STATE PLANNING POLICIES 15 P of "State planning policy" 16 Meaning 2.4.1.(1) A "State planning policy" is an instrument, made by the 17 Minister under this part, about matters of State interest. 18 (2) A local planning instrument is a statutory instrument under the 19 Statutory Instruments Act 1992 and has the force of law. 20 to which State planning policies apply 21 Area 2.4.2. A State planning policy has effect throughout the State unless the 22 policy states otherwise. 23
s 2.4.3 62 s 2.4.5 Integrated Planning for making or amending State planning policies 1 Process 2.4.3.(1) The process stated in schedule 4 must be followed in making or 2 amending a State planning policy. 3 (2) The process involves the following 3 stages-- 4 · preparation stage21 5 · consultation stage22 6 · adoption stage.23 7 with sch 4 8 Compliance 2.4.4. Despite section 2.4.3, if a State planning policy is made or 9 amended in substantial compliance with the process stated in schedule 4, the 10 policy or amendment is valid so long as any noncompliance has not-- 11 (a) adversely affected the awareness of the public of the existence and 12 nature of the proposed policy or amendment; or 13 (b) restricted the opportunity of the public under schedule 4 to make 14 submissions on the proposed policy or amendment. 15 of State planning policies 16 Effects 2.4.5.(1) A State planning policy made under this part-- 17 (a) if the policy states that it replaces an existing policy--replaces the 18 existing policy; and 19 (b) has effect on and from-- 20 (i) the day the adoption of the policy is notified in the gazette; or 21 (ii) if a later day for the commencement of the policy is stated in 22 the policy--the later day. 23 (2) If a State planning policy is amended under this part, the amendment 24 has effect on and from-- 25 21 See schedule 4, part 1. 22 See schedule 4, part 2. 23 See schedule 4, part 3.
s 2.4.6 63 s 2.5.1 Integrated Planning (a) the day the adoption of the amendment is notified in the gazette; 1 or 2 (b) if a later day for the commencement of the amendment is stated 3 in the amendment--the later day. 4 State planning policies 5 Repealing 2.4.6.(1) The Minister may repeal a State planning policy by publishing a 6 notice in-- 7 (a) a newspaper circulating generally in the State; and 8 (b) the gazette. 9 (2) The notice must state the following-- 10 (a) the name of the State planning policy being repealed; 11 (b) if the policy applies only to a particular area of the State--the 12 name of the area or other information necessary to adequately 13 describe the area; 14 (c) that the policy is repealed. 15 (3) The repeal takes effect on and from the day the notice is published in 16 the gazette. 17 (4) The Minister must give each local government a copy of the notice. 18 PART 5--REGIONAL PLANNING ADVISORY 19 COMMITTEES 20 Division 1--General provisions about regional planning advisory 21 committees 22 are regions 23 What 2.5.1. In this Act-- 24 (a) there are no fixed geographical areas of the State constituting 25
s 2.5.2 64 s 2.5.2 Integrated Planning regions;24 and 1 (b) a region may include the combined area of all or parts of 2 or 2 more local government areas and an area not included in a local 3 government area. 4 2--Regional planning advisory committees 5 Division of committees 6 Establishment 2.5.2.(1) The Minister may establish as many regional planning advisory 7 committees as the Minister considers appropriate. 8 (2) A regional planning advisory committee may be established by-- 9 (a) creating a new group of persons; or 10 (b) recognising an existing group of persons. 11 (3) Before establishing a regional planning advisory committee, the 12 Minister must-- 13 (a) prepare draft terms of reference for the proposed committee; and 14 (b) identify the proposed region and local governments likely to be 15 affected by the advice of the proposed committee; and 16 (c) consult with the local governments and interest groups the 17 Minister considers appropriate about-- 18 (i) the draft terms of reference (including the term of the 19 committee); and 20 (ii) the membership of the proposed committee; and 21 (iii) the extent of their, the Commonwealth's and the State's, 22 proposed participation in, and support for, the proposed 23 committee. 24 24 Regions will vary according to the issues to be dealt with.
s 2.5.3 65 s 2.5.6 Integrated Planning about committee 1 Particulars 2.5.3.(1) In establishing a regional planning advisory committee, the 2 Minister must state-- 3 (a) the committee's name; and 4 (b) the membership of the committee; and 5 (c) the area covered by the region for which the committee is 6 established; and 7 (d) the committee's terms of reference. 8 (2) The membership of the regional planning advisory committee-- 9 (a) may be identified in general or specific terms; and 10 (b) without limiting the scope of possible membership, must include 11 representatives of appropriate local governments. 12 (3) However, a local government may elect not to be represented on a 13 regional planning advisory committee. 14 committee 15 Changing 2.5.4. After consulting the committee and any other entities the Minister 16 considers appropriate, the Minister may change any aspect of the 17 committee, including, for example, its name, region, terms of reference and 18 membership. 19 of committee 20 Operation 2.5.5. A regional planning advisory committee may gather information 21 and opinions in the way it considers appropriate, but should operate in an 22 open and participatory way. 23 of committee 24 Reports 2.5.6. A regional planning advisory committee must report its findings 25 under its terms of reference to the Minister and the local governments of its 26 region. 27
s 2.6.1 66 s 2.6.3 Integrated Planning ART 6--DESIGNATION OF LAND FOR 1 P COMMUNITY INFRASTRUCTURE 2 1--Preliminary 3 Division may designate land 4 Who 2.6.1.(1) A Minister (a "designator") may, under this part, designate 5 land for community infrastructure already existing on the land or that the 6 State or another entity intends to supply on the land.25 7 (2) A local government (also a "designator") may, under this part, 8 designate land for community infrastructure already existing on the land or 9 that the local government or another entity intends to supply on the land. 10 to be considered when designating land 11 Matters 2.6.2. Land may be designated for community infrastructure only if the 12 designator is satisfied the community infrastructure will-- 13 (a) facilitate the implementation of legislation and policies about 14 environmental protection or ecological sustainability; or 15 (b) facilitate the efficient allocation of resources; or 16 (c) satisfy statutory requirements or budgetary commitments of the 17 State or local government for the supply of community 18 infrastructure; or 19 (d) satisfy the community's expectations for the efficient and timely 20 supply of the infrastructure. 21 must consider major environmental effects 22 Designator 2.6.3.(1) This section applies if-- 23 (a) an entity proposes community infrastructure; and 24 25 In this part, "Minister" includes any Minister of the Crown. See "Minister" in schedule 10 (Dictionary).
s 2.6.4 67 s 2.6.4 Integrated Planning (b) the entity is not a public sector entity; and 1 (c) the designator is satisfied that the infrastructure, or the 2 construction of the infrastructure, is likely to have major 3 environmental effects, within the meaning of the State 4 Development and Public Works Organization Act 1971.26 5 (2) The designator must consider the proposal in the same way a 6 department of the government or a local body would have to consider the 7 proposal if the proposal were an application mentioned in the State 8 Development and Public Works Organization Act 1971, section 29(2).27 9 designations may include 10 What 2.6.4. A designation may include-- 11 (a) requirements about works or the use of the land for the 12 community infrastructure such as the height, shape, bulk or 13 location of the works on the land, vehicular access to the land, 14 vehicular and pedestrian circulation on the land, hours of 15 operation of the use, landscaping on the land and ancillary uses of 16 the land; and 17 (b) other requirements designed to lessen the impacts of the works or 18 the use of the land for community infrastructure, such as 19 procedures for environmental management. 20 26 The State Development and Public Works Organization Act 1971 does not define "major environmental effects", but defines "environmental effects" as follows-- "environmental effects" means the beneficial as well as the detrimental effects of any development on the physical, biological, or social systems within which such development occurs. 27 State Development and Public Works Organization Act 1971, section 29 (Supervision of environment)
s 2.6.5 68 s 2.6.8 Integrated Planning IDAS applies to designated land 1 How 2.6.5. Development under a designation is, to the extent the development 2 is self-assessable development or assessable development under a planning 3 scheme, exempt development.28 4 infrastructure charges apply to designated land 5 How 2.6.6. If a public sector entity, that is a department or part of a 6 department, proposes or starts development under a designation, the entity 7 is not required to pay any infrastructure charge under chapter 5, part 1 8 (Infrastructure charges) for the development. 9 2--Ministerial designation processes 10 Division for Minister to designate land 11 Process 2.6.7.(1) The process stated in schedule 6 must be followed by a 12 Minister to designate land unless the land is designated under section 2.6.8. 13 (2) The process involves 2 stages-- 14 · consultation stage29 15 · designation stage.30 16 may proceed straight to designation in certain circumstances 17 Minister 2.6.8. A Minister may designate land using the process stated in 18 schedule 7 if the Minister is satisfied that-- 19 (a) either-- 20 (i) the environmental effects of the community infrastructure or 21 the construction of the infrastructure have been assessed 22 under the State Development and Public Works 23 28 Schedule 8 is relevant for deciding whether development on designated land is assessable, self-assessable or exempt development. 29 See schedule 6, part 1. 30 See schedule 6, part 2.
s 2.6.9 69 s 2.6.10 Integrated Planning Organization Act 1971, section 2931 or as if the proposal 1 were an application mentioned in that section and considered 2 under section 2.6.3 of this Act; or 3 (ii) the impacts of the infrastructure or the construction of the 4 infrastructure have been assessed under chapter 3; and 5 (b) public consultation has already been carried out about the 6 infrastructure under paragraph (a). 7 with schs 6 or 7 8 Compliance 2.6.9.(1) Despite section 2.6.7, if a Minister makes a designation in 9 substantial compliance with the process stated in schedule 6, the designation 10 is valid so long as any noncompliance has not-- 11 (a) adversely affected the awareness of the public of the existence and 12 nature of the proposed designation; or 13 (b) restricted the opportunity of the public under schedule 6 to make 14 submissions. 15 (2) Despite section 2.6.8, if the Minister makes a designation in 16 substantial compliance with the process stated in schedule 7, the designation 17 is valid. 18 of ministerial designations 19 Effects 2.6.10. A designation made under this division-- 20 (a) if the designation states that it replaces an existing 21 designation--replaces the existing designation; and 22 (b) has effect on and from-- 23 (i) the day the designation is notified in the gazette; or 24 (ii) if a later day for the commencement of the designation is 25 stated in the notice--the later day. 26 31 State Development and Public Works Organization Act 1971, section 29 (Supervision of environment)
s 2.6.11 70 s 2.6.13 Integrated Planning local government must include designation in planning scheme 1 When 2.6.11. If a local government receives a notice from a Minister stating 2 that the Minister has made a designation in or near its planning scheme area, 3 the local government must note the designation on-- 4 (a) its planning scheme (if any); and 5 (b) any new planning scheme it makes before the designation ceases 6 to have effect. 7 3--Local government designation process 8 Division of land by local governments 9 Designation 2.6.12.(1) A local government may only designate land by including the 10 designation as a substantive provision of its planning scheme. 11 (2) Subsection (1) applies whether or not the local government owns the 12 land. 13 land the local government does not own 14 Designating 2.6.13.(1) This section applies if the local government proposes to 15 designate land it does not own. 16 (2) Before the start of the consultation period for making or amending a 17 planning scheme intended to include the designation, the local government 18 must give written notice of the proposed designation to the owner of the 19 land. 20 (3) The notice must state the following-- 21 (a) the description of the land proposed to be designated, including a 22 plan of the land; 23 (b) the type of community infrastructure for which the designation is 24 proposed; 25 (c) the reasons for the designation; 26 (d) that written submissions about any aspect of the proposed 27 designation may be given to the local government during the 28 consultation period. 29
s 2.6.14 71 s 2.6.15 Integrated Planning Division 4--Other matters about designations 1 of designations 2 Duration 2.6.14.(1) A designation ceases to have effect-- 3 (a) if the designation is made by a Minister--6 years after notice of 4 the designation was published in the gazette (the "designation 5 cessation day"); or 6 (b) if the designation is made by a local government--6 years after 7 the planning scheme or amendment that incorporated the 8 designation took effect (also the "designation cessation day"). 9 (2) If after designating land but before the designation cessation day, a 10 local government makes a new planning scheme and includes an existing 11 designation as a substantive provision of the new planning scheme-- 12 (a) the existing designation continues to have effect until its 13 designation cessation day under subsection (1); and 14 (b) section 2.6.13 does not apply to remaking the designation in the 15 new planning scheme. 16 designations do not cease 17 When 2.6.15.(1) A designation does not cease to have effect on the designation 18 cessation day if-- 19 (a) on the designation cessation day, an entity other than the State or 20 the local government owns the designated land and construction 21 of community infrastructure started before the designation 22 cessation day; or 23 (b) on the designation cessation day, the State or the local 24 government owns the designated land; or 25 (c) before the designation cessation day, the State or the local 26 government gave a notice of intention to resume the designated 27 land under the Acquisition of Land Act 1967, section 7;32 or 28 32 Acquisition of Land Act 1967, section 7 (Notice of intention to take land)
s 2.6.16 72 s 2.6.16 Integrated Planning (d) before the designation cessation day, the State or the local 1 government signed an agreement to take under the Acquisition of 2 Land Act 1967 or to otherwise buy the designated land; or 3 (e) for a designation made by the Minister--before the designation 4 cessation day, the Minister gave the local government written 5 notice reconfirming the designation. 6 (2) However, if the State or a local government discontinues proceedings 7 to resume designated land, whether before or after the designation cessation 8 day, the designation ceases to have effect the day the proceedings are 9 discontinued. 10 (3) To remove any doubt, it is declared that a designation of land or any 11 notice given to an owner about a designation of land does not constitute a 12 notice of intention to resume under of the Acquisition of Land Act 1967, 13 section 7. 14 designation 15 Reconfirming 2.6.16.(1) If the Minister gives a local government a written notice under 16 section 2.6.15(1)(e) reconfirming a designation-- 17 (a) the local government must display the notice in a conspicuous 18 place in the local government's public office; and 19 (b) the Minister must-- 20 (i) give the owner of the land a copy of the notice; and 21 (ii) publish the notice in the gazette; and 22 (c) the designation has effect for another 6 years after the notice is 23 published in the gazette. 24 (2) When a local government receives a notice from the Minister 25 reconfirming a designation in or near its planning scheme area, the local 26 government must again note the designation on-- 27 (a) its planning scheme (if any); and 28 (b) any new planning scheme it makes before the designation ceases 29 to have effect. 30 (3) A reconfirmation of a designation is taken to be a designation to 31 which section 2.6.14 and 2.6.15 apply. 32
s 2.6.17 73 s 2.6.18 Integrated Planning designations must be shown in planning schemes 1 How 2.6.17.(1) If a local government designates land, or notes a designation 2 of land by the Minister on its planning scheme, the designation or note 3 must-- 4 (a) identify the land; and 5 (b) state the type of community infrastructure for which the land was 6 designated; and 7 (c) state the day the designation was made; and 8 (d) refer to any matters included as part of the designation under 9 section 2.6.4; and 10 (e) be shown in the planning scheme in a way that other provisions 11 in the planning scheme applying to the land remain effective even 12 if the designation is repealed or ceases to have effect. 13 (2) To remove any doubt, it is declared that-- 14 (a) a designation is part of a planning scheme; and 15 (b) designation is not the only way community infrastructure may be 16 identified in a planning scheme; and 17 (c) the provisions of a planning scheme (other than the provision that 18 designates land) applying to designated land remain effective even 19 if the designation is repealed or ceases to have effect. 20 designations 21 Repealing 2.6.18.(1) A Minister may repeal a designation made by the Minister by 22 publishing a notice of repeal of the designation. 23 (2) A local government may repeal a designation made by the local 24 government by publishing a notice of repeal of the designation. 25 (3) The notice must be published in the gazette and in a newspaper 26 circulating generally in the area where the designated land is situated. 27 (4) The notice must state the following-- 28 (a) that the designation has been repealed; 29 (b) the description of the land to which the designation applied; 30
s 2.6.19 74 s 2.6.19 Integrated Planning (c) the purpose of the community infrastructure for which the land 1 was designated; 2 (d) the reasons for the Minister's decision. 3 (5) If the repeal is made by the Minister, the Minister must give a copy 4 of the notice to-- 5 (a) each local government to which a notice about the making of the 6 designation was given; and 7 (b) if the land is owned by an entity other than the State or the local 8 government--the owner. 9 (6) If the repeal is made by the local government and the land is owned 10 by an entity other than the local government, the local government must 11 give a copy of the notice to the owner. 12 (7) The designation ceases to have effect on the day the notice is 13 published in the gazette. 14 (8) If a local government repeals a designation or receives a notice from 15 the Minister advising that the Minister has repealed a designation, the local 16 government must note the repeal on its planning scheme. 17 to acquire designated land under hardship 18 Request 2.6.19.(1) An owner of an interest in designated land may ask the 19 designator to buy the interest. 20 (2) The designator must, within 40 business days after the request is 21 received decide to-- 22 (a) grant the request; or 23 (b) take other action under section 2.6.21; or 24 (c) refuse the request. 25 (3) In making a decision under subsection (2), the designator must 26 consider whether the owner-- 27 (a) must sell the interest without delay for personal reasons, 28 including to avoid loss of income; or 29 (b) has a genuine intent to develop the interest, but development 30 approval has been, or is likely to be, refused because of the 31
s 2.6.20 75 s 2.6.23 Integrated Planning designation; or 1 (c) has been unable to sell the interest at a fair market value 2 (disregarding the designation). 3 designator grants request 4 If 2.6.20. If the designator decides to grant the request, the designator must, 5 within 5 business days after deciding the request, give the owner a notice 6 stating that the designator proposes to buy the interest. 7 action designator may take 8 Alternative 2.6.21. If the designator decides not to buy the interest, the designator 9 may, instead of taking action under section 2.6.22 and within 5 business 10 days after deciding the request, give the owner a notice stating that the 11 designator proposes to-- 12 (a) exchange the interest for property held by the designator; or 13 (b) repeal the designation or remove the designation from the interest; 14 or 15 (c) investigate the removal of the designation from the interest. 16 designator refuses request 17 If 2.6.22. If the designator decides to refuse the request, the designator 18 must, within 5 business days after deciding the request, give the owner a 19 notice advising that-- 20 (a) the request has been refused; and 21 (b) the owner may appeal against the decision. 22 the designator does not act under the notice 23 If 2.6.23.(1) This section applies if the designator gave a notice under 24 section 2.6.20 or 2.6.21 and, within 25 business days after giving the notice, 25 the designator has not-- 26 (a) signed a written agreement with the owner to buy the interest; or 27
s 2.6.24 76 s 3.1.1 Integrated Planning (b) signed a written agreement with the owner to exchange the 1 interest; or 2 (c) repealed the designation or removed the designation from the 3 interest. 4 (2) The designator must, within 5 business days after the end of the 5 period mentioned in subsection (1), give the owner a notice of intention to 6 resume the interest under the Acquisition of Land Act 1967, section 7. 7 value of interest is decided 8 How 2.6.24. If an interest in designated land is taken under the Acquisition of 9 Land Act 1967, the effect of the designation must be disregarded in deciding 10 the value of the interest taken. 11 may delegate certain administrative powers about 12 Ministers designations 13 2.6.25. A Minister may delegate all or part of the Minister's powers 14 under sections 2.6.20 and 2.6.22, schedule 6, sections 1, 4 and 5 and 15 schedule 7, section 2 to the chief executive or a senior executive of any 16 department for which the Minister has responsibility. 17 CHAPTER 3--INTEGRATED DEVELOPMENT 18 ASSESSMENT SYSTEM (IDAS) 19 PART 1--PRELIMINARY 20 hat is IDAS 21 W 3.1.1. "IDAS" is the system detailed in this chapter for integrating State 22
s 3.1.2 77 s 3.1.3 Integrated Planning and local government assessment and approval processes for 1 development.33 2 under this Act 3 Development 3.1.2.(1) Under this Act, all development is exempt development unless 4 it is assessable development or self-assessable development.34 5 (2) A planning scheme can not change-- 6 (a) assessable development shown in schedule 8, part 1 to exempt 7 development or self-assessable development; or 8 (b) self-assessable development shown in schedule 8, part 2, 9 division 1 to exempt development; or 10 (c) self-assessable development shown in schedule 8, part 2, 11 division 2 to exempt development or assessable development; or 12 (d) exempt development shown in schedule 8, part 3, to assessable or 13 self-assessable development. 14 (3) If a planning scheme purports to make a change mentioned in 15 subsection (2), the planning scheme, to the extent it purports to make the 16 change, is of no effect. 17 and impact assessment for assessable development 18 Code 3.1.3.(1) A regulation, a planning scheme or a temporary local planning 19 instrument may require impact or code assessment, or both impact and 20 code assessment, for assessable development. 21 (2) However-- 22 (a) if a regulation mentioned in subsection (1) requires code 23 assessment for development, a planning scheme or temporary 24 local planning instrument can not require impact assessment 25 instead of code assessment for the aspect of development the 26 33 This chapter sets out a number of ways the operation of IDAS can be adjusted to meet particular circumstances. 34 "Assessable development", "self-assessable development" and "exempt development" are defined in schedule 10 (Dictionary).
s 3.1.4 78 s 3.1.5 Integrated Planning code is about; and 1 (b) to the extent the planning scheme or temporary local planning 2 instrument is inconsistent with a regulation mentioned in 3 subsection (1), the planning scheme or temporary local planning 4 instrument is of no effect. 5 (3) Subsection (2) applies whether a regulation mentioned in 6 subsection (1) was made before or after the commencement of the planning 7 scheme or temporary local planning instrument. 8 (4) A regulation may also identify a code as a code that can not be 9 changed under a local planning instrument. 10 (5) To the extent the local planning instrument purports to change the 11 code the local planning instrument is of no effect. 12 is a development permit necessary 13 When 3.1.4.(1) A development permit is necessary for assessable 14 development.35 15 (2) A development permit is not necessary for self-assessable 16 development or exempt development. 17 (3) However-- 18 (a) self-assessable development must comply with codes applying to 19 the development;36 and 20 (b) exempt development need not comply with codes or planning 21 instruments. 22 under this Act 23 Approvals 3.1.5.(1) A "preliminary approval" approves assessable development 24 (but does not authorise assessable development to occur)-- 25 35 It is an offence to carry out assessable development without a development permit. See section 4.3.1 (Carrying out assessable development without permit). 36 It is an offence to carry out self-assessable development in contravention of applicable technical assessment codes. See section 4.3.2 (Self-assessable development must comply with codes).
s 3.1.6 79 s 3.1.6 Integrated Planning (a) to the extent stated in the approval; and 1 (b) subject to the conditions in the approval. 2 (2) However, there is no requirement to get a preliminary approval for 3 development.37 4 (3) A "development permit" authorises assessable development to 5 occur-- 6 (a) to the extent stated in the permit; and 7 (b) subject to-- 8 (i) the conditions in the permit; and 9 (ii) any preliminary approval relating to the development the 10 permit authorises, including any conditions in the 11 preliminary approval. 12 approval may override local planning instrument 13 Preliminary 3.1.6.(1) This section applies only to an application for a material change 14 of use requiring impact assessment. 15 (2) In addition to approving assessable development, a preliminary 16 approval may also do either or both of the following-- 17 (a) state that any development that may take place on the land, the 18 subject of the approval, may be either assessable (requiring code 19 or impact assessment), self-assessable or exempt development or 20 any combination of assessable, self-assessable or exempt 21 development; 22 (b) identify any codes applying to development on the land. 23 (3) To the extent that a preliminary approval doing either or both of the 24 things mentioned in subsection (2) is contrary to a local planning 25 instrument, the approval prevails. 26 (4) However, subsection (2) no longer applies to development mentioned 27 in subsection (2)(a) when the first of the following happens-- 28 (a) the development approved by the preliminary approval and 29 37 Preliminary approvals assist in the staging of approvals.
s 3.1.6 80 s 3.1.6 Integrated Planning authorised by a later development permit is completed; 1 (b) the time limit for completing the development ends. 2 (5) A preliminary approval can not change-- 3 (a) assessable development shown in schedule 8, part 1 to exempt 4 development or self-assessable development; or 5 (b) self-assessable development shown in schedule 8, part 2, 6 division 1 to exempt development; or 7 (c) self-assessable development shown in schedule 8, part 2, 8 division 2 to exempt development or assessable development; or 9 (d) exempt development shown in schedule 8, part 3, to assessable or 10 self-assessable development. 11 (6) If a preliminary approval purports to make a change mentioned in 12 subsection (5), the preliminary approval, to the extent it purports to make 13 the change, is of no effect. 14 manager 15 Assessment 3.1.6.(1) The "assessment manager", for an application, is-- 16 (a) if the development is wholly within a local government's 17 area--the local government, unless a different entity is prescribed 18 under a regulation; or 19 (b) if paragraph (a) does not apply-- 20 (i) the entity prescribed under a regulation;38or 21 (ii) if no entity has been prescribed--the entity decided by the 22 Minister. 23 (2) The assessment manager administers the application. 24 38 Although a private certifier is not an assessment manager, the certifier can undertake certain functions of an assessment manager (see chapter 5, part 2).
s 3.1.8 81 s 3.1.9 Integrated Planning agencies 1 Referral 3.1.8. If an application is referred to a referral agency under part 3, the 2 referral agency has, for assessing and deciding the application, the 3 jurisdiction prescribed under a regulation. 4 tages of IDAS 5 S 3.1.9.(1) IDAS involves the following possible stages-- 6 · application stage39 7 · information and referral stage40 8 · notification stage41 9 · decision stage.42 10 (2) Not all stages, or all parts of a stage, apply to all applications.43 11 39 See part 2. 40 See part 3. 41 See part 4. 42 See part 5. 43 An application for development approval for a domestic dwelling requiring code assessment only against the Standard Building Law, Standard Sewerage Law and Standard Water Supply Law will normally involve 2 stages of IDAS only--the application and decision stages. By contrast, an application for development approval for a factory requiring code assessment and a referral for workplace health and safety purposes involves 3 stages--the application, referral and decision stages.
s 3.2.1 82 s 3.2.1 Integrated Planning ART 2--APPLICATION STAGE 1 P 1--Application process 2 Division for development approval 3 Applying 3.2.1.(1) Each application must be made to the assessment manager.44 4 (2) Each application must be made in the approved form. 5 (3) The approved form-- 6 (a) must contain a mandatory requirements part including a 7 requirement for-- 8 (i) an accurate description of the land, the subject of the 9 application; and 10 (ii) the written consent of the owner of the land to the making of 11 the application; and 12 (iii) the written consent of all copyright holders to reproduce and 13 sell at cost of reproduction all material forming part of the 14 application for any purpose under this Act; and 15 (b) may contain a supporting information part. 16 (4) Each application must be accompanied by-- 17 (a) if the assessment manager is a local government--the fee set by 18 resolution of the local government; or 19 (b) if the application is to be assessed and decided by a private 20 certifier--the agreed certification fee; or 21 (c) if paragraphs (a) and (b) do not apply--the fee prescribed under a 22 regulation. 23 (5) If an application is a transitional development application, the 24 application must also identify the superseded planning scheme under which 25 assessment is sought or development is proposed. 26 44 A single application may be made for both a preliminary approval and a development permit.
s 3.2.2 83 s 3.2.3 Integrated Planning (6) An application complying with subsections (1), (2), (3)(a), (4) and 1 (5) is a "properly made application". 2 (7) The assessment manager may refuse to receive an application that is 3 not a properly made application. 4 (8) If the assessment manager accepts an application that is not a 5 properly made application, the application is taken to be a properly made 6 application. 7 (9) Subsection (8) does not apply to an application unless the application 8 contains the written consent of the owner of any land to which the 9 application applies. 10 material change of use required for certain developments 11 Approved 3.2.2. This section applies if-- 12 (a) development applied for could not be used unless a development 13 permit exists for a material change of use of premises for which 14 the development is proposed; and 15 (b) there is no development permit for the change of use; and 16 (c) approval for the material change of use has not been applied for in 17 the application or a separate application. 18 (2) The application is taken also to be for the change of use. 19 notices generally 20 Acknowledgment 3.2.3.(1) The assessment manager for an application must give the 21 applicant a notice (the "acknowledgment notice") within-- 22 (a) if the application is other than a transitional development 23 application--10 business days after receiving the properly made 24 application (the "acknowledgment period"); or 25 (b) if the application is a transitional development 26 application--30 business days after receiving the properly made 27 application (also the "acknowledgment period"). 28 (2) The acknowledgment notice must state the following-- 29 (a) which of the following aspects of development the application 30
s 3.2.4 84 s 3.2.4 Integrated Planning seeks a development approval for-- 1 (i) carrying out building work; 2 (ii) carrying out plumbing or drainage work; 3 (iii) carrying out operational work; 4 (iv) reconfiguring a lot; 5 (v) making a material change of use of premises; 6 (b) the names of all referral agencies for the application; 7 (c) whether an aspect of the development applied for requires code 8 assessment, and if so, the names of all codes that appear to the 9 assessment manager to apply for the development; 10 (d) whether an aspect of the development applied for requires impact 11 assessment, and if so, the public notification requirements; 12 (e) if the assessment manager does not intend to make an 13 information request--that the assessment manager does not 14 intend to make an information request; 15 (f) whether the application requires referral coordination. 16 when immediate decision notice may be given 17 Circumstances 3.2.4.(1) This section applies if for an application-- 18 (a) the development only requires code assessment; and 19 (b) there are no referral agencies, or all referral agencies have stated in 20 writing that they do not require the application to be referred to 21 them under the information and referral stage. 22 (2) The assessment manager may, before the end of the acknowledgment 23 period-- 24 (a) assess the application against the matters in part 5, divisions 1 to 25 3 applying to code assessment; and 26 (b) give the applicant a decision notice instead of an acknowledgment 27 notice. 28
s 3.2.5 85 s 3.2.6 Integrated Planning notices for applications under superseded planning 1 Acknowledgment schemes 2 3.2.5.(1) If an application is a transitional development application in 3 which the applicant advises that the applicant proposes to carry out 4 development under a superseded planning scheme, the acknowledgment 5 notice must state-- 6 (a) that the applicant may proceed as proposed as if the development 7 were to be carried out under the superseded planning scheme; or 8 (b) that a development permit is required for the application. 9 (2) If a notice is given under subsection (1)(a), section 3.2.3(2) does not 10 apply. 11 (3) If an application is a transitional development application in which the 12 applicant asks the assessment manager to assess the application under the 13 superseded planning scheme, the acknowledgment notice must state-- 14 (a) that the application will be assessed under the superseded 15 planning scheme or; 16 (b) that the application will be assessed under the existing planning 17 scheme. 18 (4) If the applicant is given a notice under subsection (1)(a), the applicant 19 may start the development for which the application was made as if the 20 development were started under the superseded planning scheme. 21 (5) However, the applicant must start the development under 22 subsection (4) within-- 23 (a) if the development is a material change in use--4 years after the 24 applicant is given the notice under subsection (1)(a); or 25 (b) if paragraph (a) does not apply--2 years after the applicant is 26 given the notice under subsection (1)(a). 27 notices if there are referral agencies or referral 28 Acknowledgment coordination is required 29 3.2.6.(1) If there are referral agencies for an application, the 30 acknowledgment notice must also state-- 31 (a) the address of each referral agency; and 32
s 3.2.7 86 s 3.2.8 Integrated Planning (b) for each referral agency--whether the referral agency is a 1 concurrence agency or an advice agency. 2 (2) If an application requires referral coordination, the acknowledgment 3 notice must state that the applicant is required to give the chief executive-- 4 (a) a copy of the application; and 5 (b) a copy of the acknowledgment notice; and 6 (c) the fee prescribed under a regulation.45 7 Division 2--General matters about applications 8 third party advice or comment 9 Additional 3.2.7.(1) The assessment manager or a concurrence agency for an 10 application may ask any person for advice or comment about the application 11 at any stage. 12 (2) However asking for and receiving advice or comment must not 13 extend any stage. 14 (3) There is no particular way advice or comment may be asked for and 15 received and the request may be by publicly notifying the application. 16 (4) To remove any doubt, it is declared that public notification under 17 subsection (3) is not notification under part 4, division 2. 18 scrutiny of applications 19 Public 3.2.8.(1) The assessment manager must keep each application and any 20 supporting material available for inspection and purchase from the time the 21 assessment manager gives the acknowledgment notice to the applicant 22 until-- 23 (a) the application is withdrawn or lapses; or 24 (b) if paragraph (a) does not apply--the end of the last period during 25 which an appeal may be made against a decision on the 26 application. 27 45 See section 3.3.3 (Applicant gives material to referral agency).
s 3.2.9 87 s 3.2.9 Integrated Planning (2) Subsection (1) does not apply to supporting material to the extent the 1 assessment manager is satisfied the material contains-- 2 (a) sensitive security information; or 3 (b) other information not reasonably necessary for a third party to 4 access for the purpose of evaluating or considering the effects of 5 the development. 6 (3) In this section-- 7 "supporting material" means-- 8 (a) the acknowledgment notice; and 9 (b) any material about the application that is in the assessment 10 manager's possession when a request to inspect and purchase is 11 made and has been given to the assessment manager at any time 12 before a decision is made on the application. 13 an application 14 Changing 3.2.9.(1) Before an application is decided, the applicant may change the 15 application by giving the assessment manager written notice of the change. 16 (2) When the assessment manager receives notice of the change, the 17 assessment manager must advise any referral agencies for the original 18 application and the changed application of the receipt of the notice and its 19 effect under subsection (3). 20 (3) The IDAS process stops on the day the notice of the change is 21 received by the assessment manager and starts again-- 22 (a) from the start of the acknowledgment period, if 1 or more of the 23 following apply-- 24 (i) the acknowledgment notice for the original application has 25 not been given; or 26 (ii) there are referral agencies for the original application, the 27 changed application or both the original application and the 28 changed application; or 29 (iii) the original application involved only code assessment but 30 the changed application involves impact assessment; or 31
s 3.2.10 88 s 3.2.12 Integrated Planning (b) if paragraph (a)(i), (ii) or (iii) does not apply--from the start of 1 the information request period. 2 (4) However, the IDAS process does not stop if-- 3 (a) the change merely corrects a mistake about-- 4 (i) the name or address of the applicant or owner; or 5 (ii) the address or other property details of the land to which the 6 application applies; and 7 (b) the assessment manager is satisfied the change would not 8 adversely affect the ability of a person to assess the changed 9 application. 10 (5) To remove any doubt, it is declared that this section does not apply if 11 an applicant changes an application in response to an information request. 12 stage does not apply to some changed applications 13 Notification 3.2.10. The notification stage does not apply to a changed application if-- 14 (a) the original application involved impact assessment; and 15 (b) the notification stage for the original application had been 16 completed when the IDAS process stopped; and 17 (c) the assessment manager is satisfied the changed application, if the 18 notification stage were to apply, would not be likely to attract a 19 submission objecting to the development. 20 an application 21 Withdrawing 3.2.11.(1) An application may be withdrawn by the applicant, by written 22 notice given to the assessment manager, at any time before the application is 23 decided. 24 (2) If the applicant withdraws the application, the assessment manager 25 must give all referral agencies written notice of the withdrawal. 26 lapse in certain circumstances 27 Applications 3.2.12.(1) An application lapses if-- 28
s 3.2.13 89 s 3.2.14 Integrated Planning (a) the next action to be taken for the application under the IDAS 1 process is to be taken by the applicant; and 2 (b) the period mentioned in subsection (2) has elapsed since the 3 applicant became entitled to take the action; and 4 (c) the applicant has not taken the action. 5 (2) For subsection (1), the period mentioned is-- 6 (a) if the next action is complying with section 3.3.346--3 months; or 7 (b) if the next action is complying with section 3.3.847--12 months; 8 or 9 (c) if the next action is complying with section 3.4.448--10 business 10 days. 11 (3) The period mentioned in subsection (2)(b) may be extended if the 12 entity making the information request agrees with the applicant to extend the 13 period. 14 fees 15 Refunding 3.2.13. An assessment manager or a concurrence agency may, but need 16 not, refund all or part of the fee paid to it to assess an application. 17 provider notice for reconfiguring a lot 18 Service 3.2.14.(1) If an application is for works associated with reconfiguring a 19 lot, the applicant must publish a notice, in the approved form at least once in 20 a newspaper circulating generally in the local area, advising service 21 providers of the proposed works. 22 (2) The assessment manager must not decide the application until the 23 assessment manager receives a copy of the notice from the applicant. 24 46 Section 3.3.3 (Applicant gives material to referral agency) 47 Section 3.3.8 (Applicant responds to any information request) 48 Section 3.4.4 (Public notice of applications to be given)
s 3.2.15 90 s 3.3.2 Integrated Planning Division 3--End of application stage 1 does application stage end 2 When 3.2.15. The application stage for a properly made application ends-- 3 (a) if an acknowledgment notice is given within 10 business days 4 after the application is received by the assessment manager--the 5 day the acknowledgment notice is given; or 6 (b) if the assessment manager gives the applicant a development 7 approval instead of an acknowledgment notice--the day the 8 decision notice is given; or 9 (c) if paragraphs (a) and (b) do not apply--10 business days after the 10 application is received by the assessment manager. 11 PART 3--INFORMATION AND REFERRAL STAGE 12 1--Preliminary 13 Division of information and referral stage 14 Purpose 3.3.1. The information and referral stage for an application-- 15 (a) gives the assessment manager, and any concurrence agencies, the 16 opportunity to ask the applicant for further information needed to 17 assess the application; and 18 (b) gives concurrence agencies the opportunity to exercise their 19 concurrence powers; and 20 (c) gives the assessment manager the opportunity to receive advice 21 about the application from referral agencies. 22 agency responses before application is made 23 Referral 3.3.2.(1) Nothing in this Act stops a referral agency from giving a 24 referral agency response on a matter within its jurisdiction about a 25
s 3.3.3 91 s 3.3.3 Integrated Planning development before an application for the development is made to the 1 assessment manager. 2 (2) However-- 3 (a) a referral agency is not obliged to give a referral agency response 4 mentioned in subsection (1) before the application is made; and 5 (b) if the development is development requiring referral coordination, 6 a statement in the referral agency response that the agency does 7 not require a referral under section 3.3.3(3)(b)(i) is of no effect. 8 2--Information requests 9 Division gives material to referral agency 10 Applicant 3.3.3.(1) The applicant must give each referral agency mentioned in the 11 acknowledgment notice-- 12 (a) a copy of the application (unless the referral agency already has a 13 copy of the application); and 14 (b) a copy of the acknowledgment notice (unless the referral agency 15 was the entity that gave the notice); and 16 (c) if the referral agency is a concurrence agency--the agency's 17 application fee prescribed under a regulation or, if the functions of 18 the concurrence agency in relation to the application have been 19 devolved or delegated to a local government, the fee that is, by 20 resolution, adopted by the local government. 21 (2) The things mentioned in subsection (1)(a), (b) and (c) must be given 22 to all referral agencies at about the same time. 23 (3) However, the applicant need not give a referral agency the things 24 mentioned in subsection (1)(a), (b) and (c), if-- 25 (a) the applicant gave the assessment manager a copy of the referral 26 agency's response mentioned in section 3.3.2(1) with the 27 application; and 28 (b) the referral agency's response states that-- 29 (i) the agency does not require a referral under this section; or 30
s 3.3.4 92 s 3.3.5 Integrated Planning (ii) the agency does not require a referral under this section if 1 any conditions (including a time limit within which the 2 application must be made) stated in the response are 3 satisfied; and 4 (c) the statement is not stopped from having effect under 5 section 3.3.2(2)(b), and any conditions mentioned in 6 paragraph (b)(ii) are satisfied. 7 (4) The assessment manager may, on behalf of the applicant and with the 8 applicant's agreement, comply with subsection (1) for a fee, not more than 9 the assessment manager's reasonable costs of complying with 10 subsection (1). 11 advises assessment manager 12 Applicant 3.3.4. After complying with section 3.3.3, the applicant must give the 13 assessment manager written notice of-- 14 (a) the day the applicant gave each referral agency the things 15 mentioned in section 3.3.3.(1)(a), (b) and (c); and 16 (b) if the application requires referral coordination--the day the 17 applicant complied with section 3.3.5(2). 18 coordination 19 Referral 3.3.5.(1) If the application involves 3 or more concurrence agencies, the 20 information requests require coordination ("referral coordination") by the 21 chief executive. 22 (2) If the application requires referral coordination, the applicant must 23 give the chief executive-- 24 (a) a copy of the application; and 25 (b) a copy of the acknowledgment notice; and 26 (c) the fee prescribed under a regulation; and 27 (d) written notice of the day the applicant complied with 28 section 3.3.3(1) for each referral agency. 29
s 3.3.6 93 s 3.3.7 Integrated Planning requests to applicant (generally) 1 Information 3.3.6.(1) This section does not apply if the application requires referral 2 coordination. 3 (2) The assessment manager and each concurrence agency may ask the 4 applicant, by written request (an "information request"), to give further 5 information needed to assess the application. 6 (3) A concurrence agency may only ask for information about a matter 7 that is within its jurisdiction. 8 (4) A request must be made-- 9 (a) if made by the assessment manager--within 10 business days 10 after giving the acknowledgment notice (the "information 11 request period"); and 12 (b) if made by a concurrence agency--within 10 business days after 13 the agency's referral day (also the "information request 14 period"). 15 (5) The assessment manager or a concurrence agency may, by written 16 notice given to the applicant and without the applicant's agreement, extend 17 the information request period by not more than 10 business days. 18 (6) Only 1 notice may be given under subsection (5) and it must be given 19 before the information request period ends. 20 (7) The information request period may be further extended if the 21 applicant, at any time, gives written agreement to the extension. 22 (8) If the information request period is extended for a concurrence 23 agency, the concurrence agency must advise the assessment manager of the 24 extension. 25 requests to applicant (referral coordination) 26 Information 3.3.7.(1) This section applies if the application requires referral 27 coordination. 28 (2) The chief executive may, by written request (also an "information 29 request") and after consulting the assessment manager and each referral 30 agency, ask the applicant to give further information needed to assess the 31 application. 32
s 3.3.8 94 s 3.3.8 Integrated Planning (3) The information request must be made within 20 business days after 1 the chief executive receives the notice mentioned in section 3.3.5(2)(d). 2 (4) The chief executive may, by written notice given to the applicant and 3 without the applicant's agreement, extend the information request period by 4 not more than 10 business days. 5 (5) Only 1 notice may be given under subsection (4) and it must be given 6 before the information request period ends. 7 (6) The information request period may be further extended if the 8 applicant, at any time, gives written agreement to the extension. 9 (7) If the chief executive extends the information request period, the chief 10 executive must advise the assessment manager and each concurrence 11 agency of the extension. 12 (8) If the chief executive does not give the applicant an information 13 request under this section, the chief executive must advise the applicant, the 14 assessment manager and each referral agency that an information request 15 will not be made under this section. 16 responds to any information request 17 Applicant 3.3.8.(1) If the applicant receives an information request from the 18 assessment manager or a concurrence agency (the "requesting 19 authority"), the applicant must respond by giving the requesting 20 authority-- 21 (a) all of the information requested; or 22 (b) part of the information requested together with a notice asking the 23 requesting authority to proceed with the assessment of the 24 application; or 25 (c) a notice-- 26 (i) stating that the applicant does not intend to supply any of the 27 information requested; and 28 (ii) asking the requesting authority to proceed with the 29 assessment of the application. 30 (2) If the requesting authority is a concurrence agency, the applicant must 31 also give a copy of the applicant's response to the assessment manager. 32
s 3.3.9 95 s 3.3.10 Integrated Planning (3) If the applicant receives an information request from the chief 1 executive carrying out referral coordination, the applicant must give the 2 assessment manager and each referral agency (but not the chief executive) a 3 written response to the information request supplying-- 4 (a) all of the information requested; or 5 (b) part of the information requested together with a notice asking the 6 assessment manager and each referral agency to proceed with the 7 assessment of the application; or 8 (c) a notice-- 9 (i) stating that the applicant does not intend to supply any of the 10 information requested; and 11 (ii) asking the assessment manager and each referral agency to 12 proceed with the assessment of the application. 13 agency advises assessment manager of response 14 Referral 3.3.9. Each referral agency must, after receiving the applicant's response, 15 advise the assessment manager of the day of the applicant's response under 16 section 3.3.8. 17 3--Referral assistance 18 Division referral assistance may be requested 19 When 3.3.10.(1) The applicant may make a written request to the chief 20 executive for assistance ("referral assistance") for an information request 21 to which the applicant has not responded. 22 (2) The chief executive may give referral assistance if the chief executive 23 is satisfied that-- 24 (a) the information request, being a concurrence agency's 25 information request or an information request under referral 26 coordination, is unreasonable or is inappropriate in the context of 27 the application; or 28 (b) the request is in conflict with another information request. 29
s 3.3.11 96 s 3.3.14 Integrated Planning executive acknowledges receipt of referral assistance request 1 Chief 3.3.11.(1) After receiving a referral assistance request, the chief executive 2 must give a notice acknowledging receipt of the request to-- 3 (a) the applicant; and 4 (b) if the request involves the assessment manager--the assessment 5 manager; and 6 (c) if the request involves a concurrence agency--the concurrence 7 agency. 8 (2) The notice must state the day on which the request was received. 9 executive may change information request 10 Chief 3.3.12.(1) If the chief executive decides to give referral assistance, the 11 chief executive may change the information request. 12 (2) However, the chief executive may change an information request 13 made by a local government only if the local government agrees to the 14 change. 15 (3) The chief executive must give a copy of the changed information 16 request to the applicant and any entity whose information request has been 17 changed. 18 may withdraw request for referral assistance 19 Applicant 3.3.13. The applicant may, by written notice to the chief executive at any 20 time, withdraw the request for referral assistance. 21 Division 4--Referral agency assessment 22 agency assessment period 23 Referral 3.3.14.(1) The period a referral agency has to assess the application 24 (the "referral agency's assessment period") is-- 25 (a) the number of business days, starting on the day immediately 26 after the agency's referral day and being less than 30 business 27
s 3.3.14 97 s 3.3.14 Integrated Planning days, prescribed under a regulation; or 1 (b) if there is no regulation under paragraph (a)--30 business days, 2 starting on the day after the agency's referral day. 3 (2) A referral agency's assessment period includes the information 4 request period. 5 (3) A concurrence agency may, by written notice given to the applicant 6 and without the applicant's agreement, extend its referral agency's 7 assessment period by not more than-- 8 (a) if a regulation under subsection (1)(a) has prescribed the referral 9 agency's assessment period--the number of business days, being 10 less than 20 business days, prescribed under a regulation; or 11 (b) if paragraph (a) does not apply--20 business days. 12 (4) A notice under subsection (3) may be given only before the referral 13 agency's assessment period ends. 14 (5) The referral agency's assessment period may be further extended, 15 including for the purpose of providing further information to the referral 16 agency, if the applicant, at any time, gives written agreement to the 17 extension. 18 (6) If the referral agency's assessment period is extended for a 19 concurrence agency, the agency must advise the assessment manager of the 20 extension. 21 (7) If referral coordination is not required, the referral agency's 22 assessment period does not include-- 23 (a) any extension for giving an information request; or 24 (b) any period in which the agency is waiting for a response to an 25 information request. 26 (8) If referral coordination is required, the referral agency's assessment 27 period does not include-- 28 (a) if the chief executive gave an information request--the time 29 between the agency's referral day and the day the applicant 30 responds under section 3.3.8(3); or 31 (b) if the chief executive does not give an information request--the 32 time between the agency's referral day and the day the chief 33
s 3.3.15 98 s 3.3.16 Integrated Planning executive gives notice that an information request will not be 1 made. 2 agency assesses application 3 Referral 3.3.15.(1) Each referral agency must, within the limits of its jurisdiction, 4 assess the application-- 5 (a) against the laws that are administered by, and the policies that are 6 reasonably identifiable as policies applied by, the referral agency; 7 and 8 (b) having regard to-- 9 (i) any planning scheme in force, when the application was 10 made, for the planning scheme area; and 11 (ii) any State planning policies not identified in the planning 12 scheme as being appropriately reflected in the planning 13 scheme;49 and 14 (iii) if the land to which the application relates is designated 15 land--its designation. 16 (2) Despite subsection (1) a referral agency-- 17 (a) may give the weight it considers appropriate to any relevant laws, 18 planning schemes and policies coming into effect after the 19 application was made, but before the agency's referral day; but 20 (b) must disregard any planning scheme for the planning scheme 21 area if the referral agency's jurisdiction is limited to considering 22 the effect of the Standard Building Law, Standard Sewerage Law 23 and Standard Water Supply Law on building, plumbing or 24 drainage work. 25 agency's response 26 Referral 3.3.16.(1) If a concurrence agency wants the assessment manager to 27 include concurrence agency conditions in the development approval, or to 28 49 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse effects on State interests).
s 3.3.17 99 s 3.3.18 Integrated Planning refuse the application, the concurrence agency must give its response to the 1 assessment manager, and give a copy of its response to the applicant, 2 during the referral agency's assessment period. 3 (2) If an advice agency wants the assessment manager to consider its 4 advice or recommendations when assessing the application, the advice 5 agency must give its response to the assessment manager, and give a copy 6 of its response to the applicant, during the referral agency's assessment 7 period. 8 (3) If a referral agency does not give a response under subsection (1), the 9 assessment manager may decide the application as if the agency had 10 assessed the application and had no concurrence agency requirements. 11 a concurrence agency may change its response 12 How 3.3.17.(1) Despite section 3.3.16(1), a concurrence agency may, after the 13 end of the assessment period but before the application is decided, give a 14 response or amend its response. 15 (2) Subsection (1) applies only if the applicant has given written 16 agreement to the content of the response or the amended response. 17 (3) If a concurrence agency gives or amends a response under 18 subsection (1), the concurrence agency must give-- 19 (a) to the assessment manager--the response or the amended 20 response and a copy of the agreement under subsection (2); and 21 (b) to the applicant--a copy of the response or the amended 22 response. 23 agency's response powers 24 Concurrence 3.3.18.(1) A concurrence agency's response may, within the limits of its 25 jurisdiction, tell the assessment manager 1 or more of the following-- 26 (a) the conditions that must attach to any development approval; 27 (b) that any approval must be for part only of the development; 28 (c) that any approval must be a preliminary approval only. 29 (2) Alternatively, a concurrence agency's response must, within the 30
s 3.3.19 100 s 3.3.19 Integrated Planning limits of its jurisdiction, tell the assessment manager-- 1 (a) it has no concurrence agency requirements; or 2 (b) to refuse the application. 3 (3) A concurrence agency's response may also offer advice to the 4 assessment manager about the application. 5 (4) A concurrence agency may only tell the assessment manager to 6 refuse the application if the concurrence agency is satisfied that-- 7 (a) the development does not comply with the relevant laws and 8 policies administered by the concurrence agency; and 9 (b) compliance with the laws and policies cannot be achieved by 10 imposing conditions. 11 (5) However, to the extent a concurrence agency's jurisdiction is about 12 assessing the effects of development on designated land-- 13 (a) subsection (4) does not apply; and 14 (b) the concurrence agency may only tell the assessment manager to 15 refuse the application if the concurrence agency is satisfied the 16 development would compromise the intent of the designation and 17 the intent of the designation could not be achieved by imposing 18 conditions on the development approval. 19 (6) Subsection (2)(b) does not apply to the extent a concurrence agency's 20 jurisdiction is about the assessment of the cost impacts of supplying 21 infrastructure to development. 22 (7) If a concurrence agency's response requires an application to be 23 refused or requires a development approval to include conditions, the 24 response must include reasons for the refusal or inclusion. 25 agency's response powers 26 Advice 3.3.19.(1) An advice agency's response may, within the limits of its 27 jurisdiction-- 28 (a) recommend the conditions that should attach to approval of the 29 application; or 30 (b) recommend the application be refused. 31
s 3.3.20 101 s 3.3.20 Integrated Planning (2) An advice agency's response may also offer advice to the assessment 1 manager about the application or state that it has no advice to offer. 2 5--End of information and referral stage 3 Division does information and referral stage end 4 When 3.3.20.(1) If there are no referral agencies for the application, the 5 information and referral stage ends when-- 6 (a) the assessment manager states in the acknowledgment notice that 7 it does not intend to make an information request; or 8 (b) if a request has been made--the applicant has finished responding 9 to the request; or 10 (c) if neither paragraph (a) nor paragraph (b) applies--the 11 assessment manager's information request period has ended. 12 (2) If there are referral agencies for the application, the information and 13 referral stage ends when-- 14 (a) the assessment manager has received the notice from the 15 applicant under 3.3.4;50 and 16 (b) an action under subsection (1)(a) or (b) has happened or the 17 assessment manager's information request period has ended; and 18 (c) all referral agency responses have been received by the 19 assessment manager or, if all the responses have not been 20 received, all referral agency assessment periods have ended. 21 50 Section 3.3.4 (Applicant advises assessment manager)
s 3.4.1 102 s 3.4.3 Integrated Planning ART 4--NOTIFICATION STAGE 1 P 1--Preliminary 2 Division of notification stage 3 Purpose 3.4.1. The notification stage gives a person-- 4 (a) the opportunity to make submissions, including objections, that 5 must be taken into account before an application is decided; and 6 (b) the opportunity to secure the right to appeal to the court about the 7 assessment manager's decision. 8 does notification stage apply 9 When 3.4.2.(1) The notification stage applies only if an application requires 10 impact assessment. 11 (2) If the application requires impact assessment, the notification stage 12 still applies even if a concurrence agency advises the assessment manager it 13 requires the application to be refused. 14 can notification stage start 15 When 3.4.3.(1) If there are no concurrence agencies and the assessment 16 manager has stated in the acknowledgment notice that the assessment 17 manager does not intend to make an information request, the applicant may 18 start the notification stage as soon as the acknowledgment notice is given. 19 (2) If no information requests have been made during the last 20 information request period, the applicant may start the notification period as 21 soon as the last information request period ends. 22 (3) If an information request has been made during the information 23 request period, the applicant may start the notification period as soon as the 24 applicant gives-- 25 (a) all information request responses to all information requests 26 made; and 27 (b) copies of the responses to the assessment manager. 28
s 3.4.4 103 s 3.4.4 Integrated Planning Division 2--Public notification 1 notice of applications to be given 2 Public 3.4.4.(1) The applicant (or with the applicant's written agreement, the 3 assessment manager) must-- 4 (a) publish a notice at least once in a newspaper circulating generally 5 in the local government's area; and 6 (b) place a notice on the land in the way prescribed under a 7 regulation; and 8 (c) give a notice to the owners of all land adjoining the land. 9 (2) The notices must be in the approved form. 10 (3) If the assessment manager carries out notification on behalf of the 11 applicant, the assessment manager may require the applicant to pay a fee, of 12 not more than the assessment manager's reasonable costs for carrying out 13 the notification. 14 (4) In this section-- 15 "owner", for land adjoining the land the subject of the application, means-- 16 (a) if the adjoining land is subject to the Integrated Resort 17 Development Act 1987 or the Sanctuary Cove Resort Act 18 1985--the primary thoroughfare body corporate; or 19 (b) if the adjoining land is subject to the Mixed Use Development Act 20 1987--the community body corporate; or 21 (c) subject to paragraphs (a) and (b), if the adjoining land is subject to 22 the Building Units and Group Titles Act 1980--the body 23 corporate; or 24 (d) if the adjoining land is, under the Body Corporate and 25 Community Management Act 1997 scheme land for a community 26 titles scheme-- 27 (i) the body corporate for the scheme; or 28 (ii) if the adjoining land is scheme land for more than 1 29 community titles scheme--the body corporate for the 30 community titles scheme that is a principal scheme; or 31
s 3.4.5 104 s 3.4.6 Integrated Planning (e) if there is a time sharing scheme on the adjoining land and the 1 name and address of a person has been notified under the Local 2 Government Act 1993, section 71551--the person; or 3 (f) if the adjoining land is land being bought from the State for an 4 estate in fee simple under the Land Act 1994--the buyer; or 5 (g) if the adjoining land is land granted in trust or reserved and set 6 apart and placed under the control of trustees under the Land Act 7 1994--the trustees of the land; or 8 (h) if paragraphs (a) to (g) do not apply--the person for the time 9 being entitled to receive the rent for the land or would be entitled 10 to receive the rent for it if it were let to a tenant at a rent. 11 period for applications 12 Notification 3.4.5. The "notification period" for the application-- 13 (a) must be not less than-- 14 (i) if there is no referral coordination for the 15 application--15 business days starting on the day after the 16 last action under section 3.4.4(1) is carried out; or 17 (ii) if there is referral coordination for the 18 application--20 business days starting on the day after the 19 last action under section 3.4.4(1) is carried out; and 20 (b) must not include any business days between 20 December and 21 5 January (in the following year). 22 for certain notices 23 Requirements 3.4.6.(1) The notice placed on the land must remain on the land for all of 24 the notification period. 25 (2) Each notice given to the owner of adjoining land must be given at 26 about the same time as the notice is published in the newspaper and placed 27 on the land. 28 51 Local Government Act 1993, section 715 (Notice of time share scheme to local government)
s 3.4.7 105 s 3.4.9 Integrated Planning (3) All actions mentioned in subsection (2) must be completed within 1 5 business days after the first of the actions is carried out. 2 (4) A regulation may prescribe different notification requirements for an 3 application for development on land located-- 4 (a) outside any local government area; or 5 (b) within a local government area but in a location where compliance 6 with section 3.4.4(1) would be unduly onerous or would not give 7 effective public notice. 8 of compliance to be given to assessment manager 9 Notice 3.4.7. If the applicant carries out notification, the applicant must, after the 10 notification period has ended, give the assessment manager written notice 11 that the applicant has complied with the requirements of this division.52 12 when applications may be assessed and decided 13 Circumstances without certain requirements 14 3.4.8. Despite section 3.4.7, the assessment manager may assess and 15 decide an application even if some of the requirements of this division have 16 not been complied with, if the assessment manager is satisfied that any 17 noncompliance has not-- 18 (a) adversely affected the awareness of the public of the existence and 19 nature of the application; or 20 (b) restricted the opportunity of the public to make properly made 21 submissions. 22 aking submissions 23 M 3.4.9.(1) During the notification period, any person other than a 24 concurrence agency may make a submission to the assessment manager 25 about the application. 26 (2) The assessment manager must accept a submission if the submission 27 52 It is an offence to give the assessment manager a notice under this section that is false or misleading (see section 4.3.7).
s 3.4.10 106 s 3.5.1 Integrated Planning is a properly made submission. 1 (3) However, the assessment manager may accept a submission even if 2 the submission is not a properly made submission. 3 (4) If the assessment manager has accepted a submission, the person 4 who made the submission may-- 5 (a) during the notification period, amend the submission; or 6 (b) at any time before a decision about the application is made, 7 withdraw the submission. 8 Division 3--End of notification stage 9 does notification stage end 10 When 3.4.10. The notification stage ends-- 11 (a) if notification is carried out by the applicant--when the 12 assessment manager receives written notice under section 3.4.7; 13 or 14 (b) if notification is carried out by the assessment manager on behalf 15 of the applicant--when the notification period ends. 16 PART 5--DECISION STAGE 17 1--Preliminary 18 Division does decision stage start 19 When 3.5.1.(1) The decision stage for an application (other than an application 20 assessed under section 3.2.4) 53 starts the day after all other stages applying 21 to the application have ended. 22 53 Section 3.2.4 (Circumstances when immediate decision notice may be given)
s 3.5.2 107 s 3.5.4 Integrated Planning (2) However, the assessment manager may start assessing the 1 application before the start of the decision stage. 2 necessary even if concurrence agency refuses application 3 Assessment 3.5.2. This part applies even if a concurrence agency advises the 4 assessment manager the concurrence agency requires the application to be 5 refused. 6 2--Assessment process 7 Division in div 2 to codes, planning instruments, laws or policies 8 References 3.5.3. In this division, a reference to a code, planning instrument, law or 9 policy is a reference to a code, planning instrument, law or policy in effect 10 when the application was made. 11 assessment 12 Code 3.5.4.(1) This section applies to any part of the application requiring code 13 assessment. 14 (2) The assessment manager must assess the part of the application only 15 against-- 16 (a) the common material; and 17 (b) applicable codes (other than codes, or parts of codes, a 18 concurrence agency is required to assess the application against). 19 (3) If the assessment manager is not a local government, the laws that are 20 administered by, and the policies that are reasonably identifiable as policies 21 applied by, the assessment manager and that are relevant to the application, 22 are taken to be applicable codes. 23 (4) If the application is a transitional development application and the 24 applicant has been given a notice under section 3.2.5(1)(a), the assessment 25 manager must assess and decide the application as if-- 26 (a) the application were an application to which the superseded 27
s 3.5.5 108 s 3.5.5 Integrated Planning planning scheme applied; and 1 (b) the current planning scheme was not in force. 2 assessment 3 Impact 3.5.5.(1) This section applies to any part of the application requiring 4 impact assessment. 5 (2) If the application is for development in a planning scheme area, the 6 assessment manager must carry out the impact assessment having regard to 7 the following-- 8 (a) the common material; 9 (b) the planning scheme and any other relevant local planning 10 instruments; 11 (c) any State planning policies not identified in the planning scheme 12 as being appropriately reflected in the planning scheme;54 13 (d) any development approval for, and any lawful use of, premises 14 the subject of the application or adjacent premises; 15 (e) if the assessment manager is not a local government--the laws 16 that are administered by, and the policies that are reasonably 17 identifiable as policies applied by, the assessment manager and 18 that are relevant to the application; 19 (f) the matters prescribed under a regulation (to the extent they apply 20 to a particular proposal). 21 (3) If the application is for development outside a planning scheme area, 22 the assessment manager must carry out the impact assessment having 23 regard to the following-- 24 (a) the common material; 25 (b) if the development could materially affect a planning scheme 26 area--the planning scheme and any other relevant local planning 27 instruments; 28 54 See schedule 1, section 18(6) (Reconsidering proposed planning scheme for adverse effects on State interests).
s 3.5.6 109 s 3.5.7 Integrated Planning (c) any relevant State planning policies; 1 (d) any development approval for, and any lawful use of, premises 2 the subject of the application or adjacent premises; 3 (e) if the assessment manager is not a local government--the laws 4 and policies the assessment manager has responsibility for 5 administering; 6 (f) the matters prescribed under a regulation (to the extent they apply 7 to a particular proposal). 8 (4) If the application is a transitional development application and the 9 applicant has been given a notice under section 3.2.5(1)(a), 10 subsection (2)(b) does not apply and the assessment manager must assess 11 and decide the application as if-- 12 (a) the application were an application to which the superseded 13 planning scheme applied; and 14 (b) the current planning scheme was not in force. 15 manager may give weight to later codes, planning 16 Assessment instruments, laws and policies 17 3.5.6.(1) This section does not apply if the application is a transitional 18 development application. 19 (2) In assessing the application, the assessment manager may give the 20 weight it is satisfied is appropriate to a code, planning instrument, law or 21 policy that came into effect after the application was made, but-- 22 (a) before the day the decision stage for the application started; or 23 (b) if the decision stage is stopped--before the day the decision stage 24 is restarted. 25 Division 3--Decision 26 making period (generally) 27 Decision 3.5.7.(1) The assessment manager must decide the application within 28 20 business days after the day the decision stage starts (the "decision 29
s 3.5.8 110 s 3.5.8 Integrated Planning making period"). 1 (2) The assessment manager may, by written notice given to the 2 applicant and without the applicant's agreement, extend the decision making 3 period by not more than 20 business days. 4 (3) Only 1 notice may be given under subsection (2) and it must be given 5 before the decision making period ends. 6 (4) However, the decision making period may be further extended, 7 including for the purpose of providing further information to the 8 assessment manager, if the applicant, at any time, gives written agreement 9 to the extension. 10 (5) If there is a concurrence agency for the application, the decision must 11 not be made before 10 business days after the day the information and 12 referral stage ends, unless the applicant gives the assessment manager 13 written notice that it does not intend to take action under section 3.5.9 or 14 3.5.10. 15 making period (changed circumstances) 16 Decision 3.5.8. Despite section 3.5.7, the decision making period starts again from 17 its beginning-- 18 (a) if the applicant agrees to a concurrence agency giving the 19 assessment manager a concurrence agency response or an 20 amended concurrence agency response 55 after the end of the 21 referral agency's assessment period--the day after the response 22 or amended response is received by the assessment manager; or 23 (b) if the decision making period is stopped under section 3.5.9 or 24 3.5.10--the day after the assessment manager receives further 25 written notice withdrawing the notice stopping the decision 26 making period. 27 55 Under section 3.3.17, a concurrence agency may, with the agreement of the applicant, amend its response.
s 3.5.9 111 s 3.5.10 Integrated Planning may stop decision making period to make representations 1 Applicant 3.5.9.(1) If the applicant wishes to make representations to a referral 2 agency about the agency's response, the applicant may, by written notice 3 given to the assessment manager, for not more than 3 months, stop the 4 decision making period at any time before the decision is made. 5 (2) If a notice is given, the decision making period stops the day the 6 assessment manager receives the notice. 7 (3) The applicant may withdraw the notice at any time. 8 may stop decision making period to request chief 9 Applicant executive's assistance 10 3.5.10.(1) The applicant may, at any time before the application is 11 decided-- 12 (a) by written notice (the "request") given to the chief executive, ask 13 the chief executive to resolve conflict between 2 or more 14 concurrence agency responses containing conditions the applicant 15 is satisfied are inconsistent; and 16 (b) by written notice given to the assessment manager, for not more 17 than 3 months, stop the decision making period. 18 (2) The request must identify the conditions in the concurrence agency 19 responses the applicant is satisfied are inconsistent. 20 (3) After receiving the request, the chief executive must give a notice 21 acknowledging receipt of the request to the applicant and each affected 22 concurrence agency. 23 (4) In responding to the request, the chief executive may exercise all the 24 powers of the concurrence agencies necessary to reissue 1 or more 25 concurrence agency responses to address any inconsistency. 26 (5) If the chief executive reissues a concurrence agency response, the 27 chief executive must give the response to the applicant and give a copy of 28 the response to-- 29 (a) the affected concurrence agency; and 30 (b) the assessment manager. 31
s 3.5.11 112 s 3.5.13 Integrated Planning (6) The applicant may withdraw the notice given under subsection (1)(b) 1 at any time. 2 generally 3 Decision 3.5.11.(1) In deciding the application, the assessment manager must-- 4 (a) approve all or part of the application and include in the approval 5 any concurrence agency conditions; or 6 (b) approve all or part of the application subject to conditions decided 7 by the assessment manager and include in the approval any 8 concurrence agency conditions; or 9 (c) refuse the application. 10 (2) However, the decision must be based on the assessments made under 11 division 2. 12 (3) To remove any doubt, it is declared that-- 13 (a) a development approval includes the conditions imposed by the 14 assessment manager and any concurrence agency; and 15 (b) the assessment manager may give a preliminary approval even 16 though the applicant applied for a development permit. 17 if concurrence agency requires refusal 18 Decision 3.5.12. If a concurrence agency requires the application to be refused, the 19 assessment manager must refuse it. 20 if application requires code assessment 21 Decision 3.5.13.(1) This section applies to any part of the application requiring 22 code assessment. 23 (2) The assessment manager's decision must not conflict with an 24 applicable code unless there are sufficient grounds to justify the decision, 25 having regard to the purpose of the code. 26 (3) The assessment manager may refuse the application only if the 27 assessment manager is satisfied-- 28
s 3.5.14 113 s 3.5.15 Integrated Planning (a) the development does not comply with the applicable code; and 1 (b) compliance with the code cannot be achieved by imposing 2 conditions. 3 if application requires impact assessment 4 Decision 3.5.14.(1) This section applies to any part of the application requiring 5 impact assessment. 6 (2) If the application is for development in a planning scheme area, the 7 assessment manager's decision must not-- 8 (a) compromise the achievement of the desired environmental 9 outcomes for the planning scheme area; or 10 (b) conflict with the planning scheme, unless there are sufficient 11 planning grounds to justify the decision. 12 (3) If the application is for development outside a planning scheme area, 13 the assessment manager's decision must not compromise the achievement 14 of the desired environmental outcomes for any planning scheme area that 15 would be materially affected by the development if the development were 16 approved. 17 notice 18 Decision 3.5.15.(1) The assessment manager must give written notice of the 19 decision (the "decision notice") to-- 20 (a) the applicant; and 21 (b) each referral agency; and 22 (c) if the assessment manager is not the local government and the 23 development is in a local government area--the local 24 government. 25 (2) The decision notice must be given within 5 business days after the 26 day the decision is made and must state the following-- 27 (a) the day the decision was made; 28 (b) the name and address of each referral agency; 29
s 3.5.15 114 s 3.5.15 Integrated Planning (c) whether the application is approved, approved subject to 1 conditions or refused; 2 (d) if the application is approved subject to conditions-- 3 (i) the conditions; and 4 (ii) whether each condition is a concurrence agency or 5 assessment manager condition, and if a concurrence agency 6 condition, the name of the concurrence agency; 7 (e) if the application is refused-- 8 (i) whether the assessment manager was directed to refuse the 9 application and, if so, the name of the concurrence agency 10 directing refusal and whether the refusal is solely because of 11 the concurrence agency's direction; and 12 (ii) the reasons for refusal; 13 (f) if the application is approved--whether the approval is a 14 preliminary approval, a development permit or a combined 15 preliminary approval and development permit; 16 (g) any other development permits necessary to allow the 17 development to be carried out; 18 (h) the rights of appeal for the applicant and any submitters. 19 (3) The assessment manager must give a copy of the decision notice to 20 each principal submitter within 5 business days after the day-- 21 (a) the applicant gives the assessment manager a written notice 22 stating that the applicant does not intend to make representations 23 to the assessment manager about the conditions of the 24 development approval that were decided by the assessment 25 manager; or 26 (b) the applicant appeals; or 27 (c) the applicant's appeal period ends. 28 (4) A copy of the relevant appeal provisions must also be given with 29 each decision notice or copy of decision notice. 30
s 3.5.16 115 s 3.5.17 Integrated Planning 4--Representations about conditions 1 Division of div 4 2 Application 3.5.16. This division applies only during the applicant's appeal period. 3 conditions during the applicant's appeal period 4 Changing 3.5.17.(1) This section applies if the applicant makes representations to 5 the assessment manager about the conditions of the development approval 6 that were decided by the assessment manager. 7 (2) If the assessment manager agrees with the representations, the 8 assessment manager must give a new decision notice (the "negotiated 9 decision notice") to-- 10 (a) the applicant; and 11 (b) each principal submitter; and 12 (c) each referral agency; and 13 (d) if the assessment manager is not the local government and the 14 development is in a local government area--the local 15 government. 16 (3) Only 1 negotiated decision notice may be given. 17 (4) The negotiated decision notice-- 18 (a) must be given within 5 business days after the day the 19 assessment manager agrees with the representations; and 20 (b) must be in the same form as the decision notice previously given; 21 and 22 (c) must state the nature of the changes; and 23 (d) replaces the decision notice previously given. 24 (5) If the assessment manager does not agree with the representations, 25 the assessment manager must, within 5 business days after the day the 26 assessment manager decides not to agree with the representations, give a 27 written notice to the applicant stating that the conditions have not been 28 changed. 29
s 3.5.18 116 s 3.5.19 Integrated Planning may suspend applicant's appeal period 1 Applicant 3.5.18.(1) If the applicant needs more time to make the written 2 representations, the applicant may, by written notice given to the assessment 3 manager, suspend the applicant's appeal period. 4 (2) The applicant may act under subsection (1) only once. 5 (3) If the written representations are not made within 20 business days 6 after the day written notice was given to the assessment manager, the 7 balance of the applicant's appeal period restarts. 8 (4) If the written representations are made within 20 business days after 9 the day written notice was given to the assessment manager, the balance of 10 the applicant's appeal period restarts-- 11 (a) if the applicant gives the assessment manager a notice 12 withdrawing the notice under subsection (1)--the day after the 13 assessment manager receives a further notice from the applicant 14 withdrawing the earlier notice; or 15 (b) if the assessment manager gives the applicant a negotiated 16 decision notice--the day after the applicant receives the notice; or 17 (c) if the assessment manager gives the applicant a notice stating that 18 the conditions have not been changed--the day after the applicant 19 receives the notice. 20 (5) Before the assessment manager agrees to a change under this section, 21 the assessment manager must reconsider the matters considered when the 22 original decision was made, to the extent the matters are relevant. 23 5--Approvals 24 Division approval takes effect 25 When 3.5.19. If the application is approved, or approved subject to conditions, 26 the decision notice, or if a negotiated decision notice is given, the negotiated 27 decision notice, is taken to be the development approval and has effect-- 28 (a) if there is no submitter and the applicant does not appeal the 29 decision--from the time the decision notice is given (or if a 30 negotiated decision notice is given, from the time the negotiated 31
s 3.5.20 117 s 3.5.21 Integrated Planning decision notice is given); or 1 (b) if there is a submitter and the applicant does not appeal the 2 decision--when the submitter's appeal period ends; or 3 (c) if an appeal is made--subject to the decision of the court, when 4 the decision of the court is made. 5 development may start 6 When 3.5.20. The development may start before the applicant's appeal period 7 ends if there are no submitters or any submitter's appeal period has ended. 8 approval lapses 9 When 3.5.21.(1) The development approval for the application lapses at the end 10 of the currency period for the approval unless-- 11 (a) for development that is a material change of use--the change of 12 use happens before the end of the currency period; or 13 (b) for development other than a material change of 14 use--development under the approval substantially starts before 15 the end of the currency period. 16 (2) To the extent the approval is for development that is a material change 17 of use, the "currency period" is, if the application was not a transitional 18 development application-- 19 (a) the 4 years starting the day the approval takes effect; or 20 (b) if the approval states or implies a time for the approval to 21 lapse--the period from the day the approval takes effect until the 22 stated or implied time. 23 (3) To the extent the approval is for development other than a material 24 change of use, the "currency period" is, if the application was not a 25 transitional development application-- 26 (a) the 2 years starting the day the approval takes effect; or 27 (b) if the approval states or implies a time for the approval to 28 lapse--the period from the day the approval takes effect until the 29 stated or implied time. 30
s 3.5.22 118 s 3.5.22 Integrated Planning (4) To the extent the approval is for development that is a material change 1 of use, the "currency period" is, if the application was a transitional 2 development application, the longest of the following-- 3 (a) the 4 years starting the day the approval takes effect; 4 (b) if the approval states or implies a time for the approval to 5 lapse--the period from the day the approval takes effect until the 6 stated or implied time. 7 (c) the 5 years starting the day the planning scheme or planning 8 scheme policy, creating the superseded planning scheme, was 9 adopted or the amendment, creating the superseded planning 10 scheme, was adopted. 11 (5) To the extent the approval is for development other than a material 12 change of use, the "currency period" is, if the application was a 13 transitional development application, the longest of the following-- 14 (a) the 2 years starting the day the approval takes effect; 15 (b) if the approval states or implies a time for the approval to 16 lapse--the period from the day the approval takes effect until the 17 stated or implied time. 18 (c) the 5 years starting the day the planning scheme or planning 19 scheme policy, creating the superseded planning scheme, was 20 adopted or the amendment, creating the superseded planning 21 scheme, was adopted. 22 (6) If a monetary security has been given in relation to the approval, the 23 security must be released if the approval lapses. 24 to extend currency period 25 Request 3.5.22.(1) If, before the development approval lapses, a person wants to 26 extend a currency period, the person must, by written notice-- 27 (a) advise each entity that was a concurrence agency that the person is 28 asking for an extension of the currency period; and 29 (b) ask the assessment manager to extend the currency period. 30 (2) The notices must be given at about the same time, and the notice to 31 the assessment manager must include a copy of each notice given under 32
s 3.5.23 119 s 3.5.23 Integrated Planning subsection (1)(a). 1 (3) If the person asking for the extension is not the owner of the land, the 2 subject of the application, the request must contain the owner's consent. 3 (4) If the assessment manager has a form for the request, the request 4 must be in the form and be accompanied by-- 5 (a) the fee for the request-- 6 (i) if the assessment manager is a local government--set by a 7 resolution of the local government; or 8 (ii) if subparagraph (i) does not apply--prescribed under a 9 regulation; and 10 (b) a copy of the advice given to any concurrence agency for the 11 application. 12 request to extend currency period 13 Deciding 3.5.23.(1) If there was no concurrence agency, the assessment manager 14 must approve or refuse the extension within 30 business days after 15 receiving the request. 16 (2) If there was a concurrence agency, the assessment manager-- 17 (a) must not approve or refuse the extension until at least 20 business 18 days after receiving the request; but 19 (b) must approve or refuse the extension within 30 business days 20 after receiving the request. 21 (3) The assessment manager and the person making the request may 22 agree to extend the period within which the assessment manager must 23 decide the request. 24 (4) A concurrence agency given a notice under section 3.5.22(1)(a) may 25 give the assessment manager a written notice advising-- 26 (a) it has no objection to the extension being approved; or 27 (b) it objects to the extension being approved and give reasons for the 28 objection. 29 (5) If the assessment manager does not receive a written notice within 30 20 business days after the day the request was received by the assessment 31
s 3.5.24 120 s 3.5.24 Integrated Planning manager, the assessment manager must decide the request as if the 1 concurrence agency had no objection to the request. 2 (6) Despite subsection (5), if the development approval was subject to a 3 concurrence agency condition about the currency period, the assessment 4 manager must not approve the request unless the concurrence agency 5 advises it has no objection to the extension being approved. 6 (7) If the assessment manager receives a written notice from a 7 concurrence agency within 20 business days after the day the request was 8 received by the assessment manager, the assessment manager must have 9 regard to the notice when deciding the request. 10 (8) The assessment manager may make a decision under this section 11 even if the development approval was granted by the court. 12 (9) Despite section 3.5.21, the development approval does not lapse until 13 the assessment manager decides the request. 14 (10) After deciding the request, the assessment manager must give 15 written notice of the decision to the person asking for the extension and any 16 concurrence agency that gave the assessment manager a notice under 17 subsection (4). 18 to change development approval (other than a change of a 19 Request condition) 20 3.5.24.(1) If a person wants a minor change to be made to a development 21 approval, the person must, by written notice-- 22 (a) advise each entity that was a concurrence agency that the person is 23 asking for the change; and 24 (b) ask the assessment manager to make the change. 25 (2) The notices must be given at about the same time, and the notice to 26 the assessment manager must include a copy of each notice given under 27 subsection (1)(a). 28 (3) If the person asking for the change is not the owner of the land, the 29 subject of the application, the request must contain the owner's consent. 30 (4) If the assessment manager has a form for the request, the request 31 must be in the form and be accompanied by-- 32
s 3.5.25 121 s 3.5.25 Integrated Planning (a) the fee for the request-- 1 (i) if the assessment manager is a local government--set by a 2 resolution of the local government; or 3 (ii) if subparagraph (i) does not apply--prescribed under a 4 regulation; and 5 (b) a copy of the advice given to any concurrence agency for the 6 application. 7 (5) This section does not apply if the change is a change of a condition of 8 the development approval. 9 request to change development approval (other than a 10 Deciding change of a condition) 11 3.5.25.(1) If there was no concurrence agency, the assessment manager 12 must approve or refuse the change within 30 business days after receiving 13 the request. 14 (2) If there was a concurrence agency, the assessment manager-- 15 (a) must not approve or refuse the change until the first of the 16 following happens-- 17 (i) a written notice has been received under subsection (4) from 18 each concurrence agency; 19 (ii) the period of 20 business days after receiving the request 20 ends; but 21 (b) must approve or refuse the change within 30 business days after 22 receiving the request. 23 (3) The assessment manager and the person making the request may 24 agree to extend the period within which the assessment manager must 25 decide the request. 26 (4) A concurrence agency given a notice under section 3.5.24(1)(a) must 27 give the assessment manager a written notice advising-- 28 (a) it has no objection to the change being made; or 29 (b) it objects to the change being made and give reasons for the 30 objection. 31
s 3.5.26 122 s 3.5.27 Integrated Planning (5) If the assessment manager does not receive a written notice within 1 20 business days after the day the request was received by the assessment 2 manager, the assessment manager must decide the request as if the 3 concurrence agency had no objection to the request. 4 (6) If the assessment manager receives a written notice from a 5 concurrence agency within 20 business days after the day the request was 6 received by the assessment manager, the assessment manager must have 7 regard to the notice when deciding the request. 8 (7) The assessment manager may make a decision under this section 9 even if the development approval was granted by the court. 10 (8) After deciding the request, the assessment manager must give written 11 notice of the decision to the person asking for the change and any 12 concurrence agency that gave the assessment manager a notice under 13 subsection (4). 14 to cancel development approval 15 Request 3.5.26.(1) The owner of the land, the subject of the application, or 16 another person, with the owner's consent, may, by written notice ask the 17 assessment manager to cancel the development approval. 18 (2) The request must be accompanied by the fee for the request-- 19 (a) if the assessment manager is a local government--set by a 20 resolution of the local government; or 21 (b) if paragraph (a) does not apply--prescribed under a regulation. 22 (3) After receiving the notice and the fee, the assessment manager must 23 cancel the approval and give notice of the cancellation to the person who 24 applied for the cancellation and to each concurrence agency. 25 (4) If a monetary security has been given in relation to the approval, the 26 security must be released if the approval is cancelled. 27 approvals to be recorded on planning scheme 28 Certain 3.5.27.(1) If the development approval was given by a local government 29 as assessment manager and the local government is satisfied the approval is 30 inconsistent with the planning scheme, the local government must note the 31
s 3.5.28 123 s 3.5.30 Integrated Planning approval on its planning scheme. 1 (2) To remove any doubt, it is declared that-- 2 (a) the note on the planning scheme is not an amendment of the 3 planning scheme; and 4 (b) a contravention of subsection (1) does not affect the validity of the 5 approval given. 6 attaches to land 7 Approval 3.5.28.(1) The development approval attaches to the land, the subject of 8 the application, and binds the owner, the owners successors in title and any 9 occupier of the land. 10 (2) To remove any doubt, it is declared that subsection (1) applies even if 11 later development (including reconfiguring a lot) is approved for the land 12 (or the land as reconfigured). 13 6--Conditions 14 Division of div 6 15 Application 3.5.29. This division applies to each condition in a development approval 16 whether the condition is a condition-- 17 (a) a concurrence agency directs an assessment manager to impose; 18 or 19 (b) decided by an assessment manager; or 20 (c) attached to the approval under the direction of the Minister. 21 must be relevant or reasonable 22 Conditions 3.5.30.(1) A condition must-- 23 (a) be relevant to, but not an unreasonable imposition on, the 24 development; or 25 (b) be reasonably required in respect of the development. 26
s 3.5.31 124 s 3.5.32 Integrated Planning (2) Subsection (1) applies despite the laws that are administered by, and 1 the policies that are reasonably identifiable as policies applied by, an 2 assessment manager or concurrence agency. 3 generally 4 Conditions 3.5.31.(1) A condition may-- 5 (a) place a limit on how long a lawful use may continue or works 6 may remain in place; or 7 (b) state a development may not start until other development 8 permits, for development on the same premises, have been given 9 or other development on the same premises (including 10 development not covered by the development application) has 11 been substantially started or completed; or 12 (c) require development, or an aspect of development, to be 13 completed within a particular time and require the payment of 14 security under an agreement under section 3.5.3456 to support the 15 condition. 16 (2) If a condition requires assessable development, or an aspect of 17 assessable development, to be completed within a particular time and the 18 assessable development or aspect is not completed within the time, the 19 approval, to the extent it relates to the assessable development or aspect not 20 completed, lapses. 21 that cannot be imposed 22 Conditions 3.5.32.(1) A condition must not-- 23 (a) be inconsistent with a condition of an earlier development 24 approval still in effect for the development; or 25 (b) require a monetary payment for the capital, operating and 26 maintenance costs of, or works to be carried out for, community 27 infrastructure; or 28 (c) state that works required to be carried out for a development must 29 56 Section 3.5.34 (Agreements)
s 3.5.33 125 s 3.5.33 Integrated Planning be undertaken by an entity other than the applicant; or 1 (d) require an access restriction strip. 2 (2) Nothing in this section stops a condition being imposed if the 3 condition requires-- 4 (a) a monetary payment, or works to be carried out, to protect or 5 maintain the safety and efficiency of State owned transport 6 infrastructure; or 7 (b) a monetary payment for lessening the cost impacts of supplying 8 infrastructure under section 3.5.35. 9 (3) In subsection (2)-- 10 "State owned transport infrastructure" means transport infrastructure 11 under the Transport Infrastructure Act 1994 that is owned by the 12 State.57 13 to change or cancel conditions 14 Request 3.5.33.(1) This section applies if-- 15 (a) a person wants to change or cancel a condition; and 16 (b) no assessable development would arise from the change or 17 cancellation; and 18 (c) there were no submitters for the application. 19 (2) The person may, by written notice to the entity that decided the 20 condition or required the condition to be imposed on or attached to the 21 approval, ask the entity to change or cancel the condition. 22 (3) If the person is not the owner of the land to which the approval 23 attaches, the request must contain the owner's consent. 24 (4) If the entity has a form for the request, the request must be in the 25 form and be accompanied by the fee for the request-- 26 (a) if the entity is a local government--set by a resolution of the local 27 57 Under the Transport Infrastructure Act 1994, schedule 3-- "transport infrastructure" includes road, rail, port and miscellaneous transport infrastructure.
s 3.5.34 126 s 3.5.35 Integrated Planning government; or 1 (b) if paragraph (a) does not apply--prescribed under a regulation. 2 (5) The entity must decide the request within 20 business days after 3 receiving the request. 4 (6) The entity and the person may agree to extend the period within 5 which the entity must decide the request. 6 (7) The entity must decide the request having regard to the matters the 7 entity would have regard to if the request was a development application. 8 (8) The entity must give the person written notice of its decision. 9 (9) If the entity is a concurrence agency, the entity must give the 10 assessment manager written notice of any change or cancellation. 11 (10) The changed condition or cancellation takes effect from the day the 12 notice is given to the person. 13 14 Agreements 3.5.34. The applicant may enter into an agreement with an entity, 15 including, for example, an assessment manager or a concurrence agency, to 16 establish the obligations, or secure the performance, of a party to the 17 agreement about a condition. 18 on conditions lessening cost impacts for infrastructure 19 Limitations 3.5.35.(1) A condition requiring a monetary payment for lessening the 20 cost impacts for infrastructure may be imposed only-- 21 (a) for development that is-- 22 (i) inconsistent with the planning scheme; or 23 (ii) consistent with the planning scheme, but is urban 24 development (including rural residential development) not in 25 an area identified to accommodate the next 5 years (or other 26 period approved by the Minister) of development in a 27 benchmark development sequence; and 28 (b) to lessen the cost impacts for-- 29
s 3.5.35 127 s 3.5.35 Integrated Planning (i) State schools infrastructure; or 1 (ii) public transport infrastructure; or 2 (iii) State-controlled roads infrastructure; or 3 (iv) police or emergency services infrastructure; or 4 (v) a development infrastructure item; and 5 (c) having regard to any guidelines approved by the chief executive 6 about the method of calculating cost impacts. 7 (2) The condition complies with section 3.5.30, to the extent-- 8 (a) the condition is for lessening the cost impacts for a development 9 infrastructure item identified in an infrastructure charges plan; and 10 (b) the item is necessary, but not yet available, to service the land. 11 (3) Subsection (2) applies even if a development infrastructure item 12 mentioned in subsection (1)(b)(v) is also intended to service other land. 13 (4) However, instead of imposing the condition, the applicant and an 14 entity may enter into a written agreement to make infrastructure mentioned 15 in subsection (1)(b) available to service the land. 16 (5) For infrastructure mentioned in subsection (1)(b)(i) to (iv)-- 17 "cost impacts" means-- 18 (a) the difference between-- 19 (i) the present value of capital, operating and maintenance costs 20 made necessary by the development; and 21 (ii) the present value of capital, operating and maintenance costs, 22 if the approval had not been given; and 23 (b) the reasonable administrative costs for calculating the difference 24 under paragraph (a). 25 (6) For a development infrastructure item (the "item")-- 26 "cost impacts" means-- 27 (a) the difference between-- 28 (i) the present value of capital costs made necessary by the 29 development; and 30
s 3.5.36 128 s 3.5.36 Integrated Planning (ii) the present value of capital costs, if the approval had not 1 been given; and 2 (b) additional interest charges, other financing costs and operating 3 and maintenance costs, made necessary by the development, for 4 all development infrastructure items (other than the item) and 5 payable by the entity to which the monetary payment must be 6 paid; and 7 (c) the cost, or the anticipated cost, of amending the infrastructure 8 charges plan because of the development; and 9 (d) reasonable administrative costs for calculating the difference 10 under paragraph (a) and the charges and costs mentioned in 11 paragraphs (b) and (c). 12 a condition lessening cost impacts for infrastructure must 13 Matters deal with 14 3.5.36.(1) A condition permitted under section 3.5.35 must-- 15 (a) identify the amount of the monetary payment; and 16 (b) state the entity to which the monetary payment must be paid. 17 (2) An amount identified under subsection (1)(a) must not be more 18 than-- 19 (a) to the extent the amount relates to the capital cost of 20 infrastructure--the full capital cost; and 21 (b) to the extent the amount relates to the operating and maintenance 22 costs of infrastructure--the additional operating and maintenance 23 costs for 15 years. 24 (3) If a development approval is subject to a condition mentioned in 25 subsection (1), the approval must also-- 26 (a) for infrastructure under section 3.5.35(1)(b)(i) to (iv) that is a 27 service--state the day by which the service is to be substantially 28 started, having regard to the basis on which the cost impact was 29 calculated; and 30 (b) for infrastructure under section 3.5.35(1)(b)(i) to (iv) that is other 31 than a service--state the day by which construction of the 32
s 3.5.36 129 s 3.5.36 Integrated Planning infrastructure is to be substantially started, having regard to the 1 basis on which the cost impact was calculated; and 2 (c) for a development infrastructure item necessary, but not yet 3 available, to service the land--state the day by which the item is 4 to be available to service the land, having regard to the basis on 5 which the cost impact was calculated; and 6 (d) for a development infrastructure item not mentioned in 7 paragraph (c)--state the day by which construction of the item is 8 to be substantially started, having regard to the basis on which the 9 cost impact was calculated. 10 (4) The monetary payment must be paid-- 11 (a) for infrastructure mentioned in subsection (3)(a), (b) or (d)--at 12 least 60 business days before the day stated under the subsection; 13 or 14 (b) for infrastructure mentioned in subsection (3)(c)--the day the 15 development starts. 16 (5) Despite subsection (4), the applicant and the entity requiring the 17 monetary payment may agree in writing to another time or for the payment 18 to be made by instalments. 19 (6) The entity to which the monetary payment has been paid must repay 20 the payment to the owner of the land-- 21 (a) for a payment made for infrastructure mentioned in 22 subsection (3)(a)--if the service has not substantially started on 23 the day stated under subsection (3)(a); or 24 (b) for a payment made for infrastructure mentioned in 25 subsection (3)(b) or (d)--if the construction of the infrastructure 26 has not substantially started on the day stated under the 27 subsection; or 28 (c) if the development approval lapses or is cancelled. 29 (7) For infrastructure mentioned in subsection (3)(c), if the applicant 30 complies with subsection (4)(b), the entity to which payment was made 31 must substantially start the infrastructure by the day stated in 32 subsection (3)(c) unless the applicant and the entity agree in writing to a 33 different day. 34
s 3.6.1 130 s 3.6.3 Integrated Planning PART 6--MINISTERIAL IDAS POWERS 1 1--Ministerial direction 2 Division Ministerial direction may be given 3 When 3.6.1. The Minister may give a direction under this division about an 4 application only if-- 5 (a) the assessment manager has not decided the application; and 6 (b) the development involves a State interest; and 7 (c) the matter the subject of the direction is not within the jurisdiction 8 of a concurrence agency for the application. 9 of direction 10 Notice 3.6.2.(1) The Minister may direct the assessment manager, by written 11 notice, to taken 1 or more of the following actions or to refuse the 12 application-- 13 (a) to attach to the development approval the conditions stated in the 14 notice; or 15 (b) to approve part only of the development; or 16 (c) to give a preliminary approval only. 17 (2) The notice must state-- 18 (a) the nature of the State interest giving rise to the direction; and 19 (b) the reasons for the Minister's direction. 20 (3) The Minister must give a copy of the notice to the applicant. 21 of direction 22 Effect 3.6.3.(1) If the Minister gives a direction, the assessment manager, in 23 deciding the application, must-- 24 (a) if the Minister requires conditions to be attached to the 25 approval--include the conditions in the approval; or 26
s 3.6.4 131 s 3.6.6 Integrated Planning (b) if the Minister requires the application to be refused--refuse the 1 application. 2 (2) For an appeal under sections 4.1.27 to 4.1.29, the Minister's direction 3 is taken to be a concurrence agency's response and the chief executive is 4 taken to be a co-respondent. 5 Division 2--Ministerial call in powers 6 for div 2 7 Definition 3.6.4. In this division-- 8 "Minister" includes the Minister administering the State Development and 9 Public Works Organization Act 1971. 10 development application may be called in 11 When 3.6.5. The Minister may, under this division, call in an application only 12 if-- 13 (a) the development involves a State interest; and 14 (b) the application is called in within 10 business days after the end of 15 both the applicant's appeal period and the submitter's appeal 16 period for the decision on the application. 17 of call in 18 Notice 3.6.6.(1) The Minister may, by written notice given to the assessment 19 manager, call in the application and-- 20 (a) if the application has not been decided by the assessment 21 manager--assess and decide the application in the place of the 22 assessment manager; or 23 (b) if the application has been decided by the assessment 24 manager--reassess and re-decide the application in the place of 25 the assessment manager. 26 (2) The notice must state-- 27
s 3.6.7 132 s 3.6.7 Integrated Planning (a) the point in the IDAS process from which the process must 1 restart; and 2 (b) the reasons for calling in the application. 3 (3) The Minister must give a copy of the notice to-- 4 (a) the applicant; and 5 (b) any concurrence agency; and 6 (c) any submitter. 7 of call in 8 Effect 3.6.7.(1) If the Minister calls in an application-- 9 (a) the Minister is the assessment manager from the time the 10 application is called in until the Minister gives the decision notice; 11 and 12 (b) if the application is called in before the assessment manager 13 makes a decision on the application--the Minister must continue 14 the IDAS process from the point at which the application is called 15 in; and 16 (c) if the application is called in after the assessment manager makes 17 a decision on the application--the IDAS process starts again 18 from a point in the IDAS process the Minister decides, but before 19 the start of the decision stage; and 20 (d) until the Minister gives the decision notice a concurrence agency 21 is taken to be an advice agency; and 22 (e) the Minister's decision on the application is taken to be the 23 original assessment manager's decision but a person may not 24 appeal against the Minister's decision; and 25 (f) if an appeal was made before the application was called in--the 26 appeal is of no further effect. 27 (2) The entity that was the assessment manager before the application 28 was called in (the "original assessment manager") must give the Minister 29 all reasonable assistance the Minister requires to assess and decide the 30 application, including giving the Minister-- 31
s 3.6.8 133 s 3.7.1 Integrated Planning (a) all material about the application the assessment manager had 1 before the application was called in; and 2 (b) any material received by the assessment manager after the 3 application is called in. 4 (3) When the Minister gives the decision notice to the applicant and each 5 submitter and referral agency, the Minister also must give a copy of the 6 notice to the original assessment manager. 7 if call in decision does not deal with all aspects of the 8 Process application 9 3.6.8.(1) If the Minister's decision notice does not decide all aspects of 10 the application, the Minister must, by written notice, refer the aspects not 11 decided back to the assessment manager. 12 (2) If the Minister gives a notice under subsection (1), the notice must 13 state the point in the IDAS process from which the process must restart for 14 the aspects of the application not decided by the Minister. 15 PART 7--PLANS OF SUBDIVISION 16 of pt 7 17 Application 3.7.1. This part applies to a plan (however called) for the reconfiguration 18 of a lot if, under another Act, the plan requires the approval (in whatever 19 form) of a local government before it can be registered or otherwise 20 recorded under that Act. 21 22 Examples of plans to which this part applies-- 23 1. A plan of subdivision that, under the Land Title Act 1994, section 50(g),58 24 requires the approval of a local government. 25 2. A building units plan or group titles plan that, under the Building Units and 58 Land Title Act 1994, section 50 (Requirements for registration of plan of subdivision)
s 3.7.2 134 s 3.7.2 Integrated Planning 1 Group Titles Act 1980, section 9(7),59 must be endorsed with, or be accompanied by, 2 a certificate of a local government. for reconfiguring under development permit 3 Plan 3.7.2.(1) If the reconfiguration proposed to be effected by the plan is 4 authorised by a development permit, the plan must be given to the local 5 government for its approval-- 6 (a) if the reconfiguration requires operational works--within 2 years 7 after the development permit for the operational works takes 8 effect; or 9 (b) if the reconfiguration does not require operational works--within 10 2 years after the development permit for the reconfiguration takes 11 effect. 12 (2) The local government may, during the period mentioned in 13 subsection (1), extend the period. 14 (3) The local government must approve the plan, if-- 15 (a) the conditions of the development permit authorising the 16 reconfiguration have been complied with; and 17 (b) if subsection (1)(a) applies--the conditions of the development 18 permit mentioned in subsection (1)(a) have been complied with; 19 and 20 (c) there are no outstanding rates or charges levied by the local 21 government or expenses that are a charge over the land under any 22 Act; and 23 (d) the plan is prepared in accordance with all development permit 24 conditions about the plan. 25 (4) Alternatively, the local government must approve the plan, if-- 26 (a) satisfactory security is given to the local government to ensure 27 compliance with the requirements of subsection (3)(a) to (c); and 28 (b) the plan is prepared in accordance with all development permit 29 conditions about the plan. 30 59 Building Units and Group Titles Act 1980, section 9 (Registration of plan)
s 3.7.3 135 s 3.7.4 Integrated Planning (5) If the applicant has not complied with the requirements of 1 subsection (3) or (4), the local government must, within 10 business days 2 after receiving the plan, give the applicant written notice stating the actions 3 to be taken to allow the plan to be approved. 4 submitted under condition of development permit 5 Plan 3.7.3.(1) This section applies if the plan is required to be submitted to the 6 local government under a condition of a development permit. 7 (2) The plan must be given to the local government-- 8 (a) within the time stated in the condition; or 9 (b) if a time has not been stated in the condition--within 2 years after 10 the decision notice containing the condition was given. 11 (3) The local government must approve the plan, if-- 12 (a) the conditions of the development permit have been complied 13 with; and 14 (b) there are no outstanding rates or charges levied by the local 15 government or expenses that are a charge over the land under any 16 Act; and 17 (c) the plan is prepared in accordance with the development permit. 18 (4) Alternatively, the local government must approve the plan, if-- 19 (a) satisfactory security is given to the local government to ensure 20 compliance with the requirements of subsection (3)(a) and (b); 21 and 22 (b) the plan is prepared in accordance with the development permit. 23 (5) If the applicant has not complied with the requirements of 24 subsection (3) or (4), the local government must, within 10 business days 25 after receiving the plan, give the applicant written notice stating the actions 26 to be taken to allow the plan to be approved. 27 for reconfiguring that is not assessable development 28 Plan 3.7.4.(1) If the reconfiguration proposed to be effected by the plan is not 29 assessable development, the plan may be given to the local government for 30
s 3.7.5 136 s 3.7.7 Integrated Planning its approval at any time. 1 (2) The plan must be consistent with any development permit and 2 applicable code. 3 (3) If the applicant has not complied with the requirements of 4 subsection (2), the local government must, within 10 business days after 5 receiving the plan, give the applicant written notice stating the actions to be 6 taken to allow the plan to be approved. 7 of approval 8 Endorsement 3.7.5.(1) The local government's approval must be given for the plan 9 within 20 business days after the applicant complies with section 3.7.2(3) 10 or (4), section 3.7.3(3) or (4) or section 3.7.4(2) and the local government 11 receives the plan. 12 (2) The applicant may agree to an extension of the period mentioned in 13 subsection (1). 14 approved plan to be lodged for registration 15 When 3.7.6. The approved plan must be lodged for registration with the 16 relevant registering authority within 6 months after the approval was given. 17 government approval subject to other Act 18 Local 3.7.7. A requirement under this part for the local government to approve 19 the plan has effect subject to any requirements of the Act under which the 20 plan is to be registered or otherwise recorded. 21
s 4.1.1 137 s 4.1.2 Integrated Planning HAPTER 4--APPEALS, OFFENCES AND 1 C ENFORCEMENT 2 PART 1--PLANNING AND ENVIRONMENT COURT 3 1--Establishment and jurisdiction of court 4 Division of Planning and Environment Court 5 Continuance 4.1.1.(1) The Planning and Environment Court, as formerly established, 6 is continued in existence. 7 (2) The court is a court of record. 8 (3) The court has a seal that must be judicially noticed. 9 of court 10 Jurisdiction 4.1.2.(1) The court has the jurisdiction given to it under any Act, 11 including the jurisdiction to hear and decide every appeal made under this 12 Act for the review of a decision of a tribunal.60 13 (2) Subject to section 4.2.7,61 the jurisdiction given to the court under this 14 Act is exclusive. 15 (3) Subject to division 13,62 every decision of the court is final and 16 conclusive and is not to be impeached for any informality or want of form 17 or be appealed against, reviewed, quashed or in any way called in question 18 in any court. 19 (4) If a proceeding comes before the court under another Act, 20 subsection (3) applies subject to the other Act. 21 60 See jurisdiction of tribunals in part 2, division 1. 61 Section 4.2.7 (Jurisdiction of tribunals) 62 Division 13 (Appeals to Court of Appeal)
s 4.1.3 138 s 4.1.5 Integrated Planning in chambers 1 Jurisdiction 4.1.3. Every proceeding must be heard and decided, and the decision 2 given, in open court unless the rules of court about exercising the court's 3 jurisdiction in chambers state that the court may sit in chambers and 4 exercise the jurisdiction given by the rules for a matter. 5 Division 2--Powers of court 6 ubpoenas 7 S 4.1.4.(1) The court may summon a person as a witness and may-- 8 (a) require the person to produce in evidence documents in the 9 person's possession or power; and 10 (b) examine the person; and 11 (c) punish the person for not attending under the summons or for 12 refusing to give evidence or for neglecting or refusing to produce 13 the documents. 14 (2) Despite subsection (1), a person is not required to give evidence that 15 may tend to incriminate the person. 16 (3) For subsection (1), a judge of the court has the same powers as a 17 District Court judge. 18 and contravention of orders 19 Contempt 4.1.5.(1) A judge of the court has the same power to punish a person for 20 contempt of the court as the judge has to punish a person for contempt of a 21 District Court. 22 (2) The District Courts Act 1967, section 129,63 applies in relation to the 23 court in the same way as it applies in relation to a District Court. 24 (3) If a person, at any time, contravenes an order of the court, the person 25 is also taken to be in contempt of the court. 26 (4) If a person is taken to be in contempt of the court under 27 63 District Courts Act 1967, section 129 (Contempt of court)
s 4.1.6 139 s 4.1.9 Integrated Planning subsection (3), the District Courts Act 1967, section 129(4) applies in 1 relation to the contravention as if the person were an offender, and as if the 2 expression "12 months" were "2 years" and the expression "84 penalty 3 units" were "3 000 penalty units". 4 of orders etc. 5 Terms 4.1.6. The court may make an order, give leave or do anything else it is 6 authorised to do on the terms the court considers appropriate. 7 and recording evidence etc. 8 Taking 4.1.7. The court must take evidence on oath, affirmation, affidavit or 9 declaration and must record the evidence. 10 3--Constituting court 11 Division court 12 Constituting 4.1.8.(1) The Governor in Council must, from time to time by gazette 13 notice, notify the names of District Court judges who are to be the judges 14 who constitute the court. 15 (2) The Governor in Council may notify the name of District Court 16 judges to constitute the court for a specified period only. 17 (3) A District Court judge who constitutes the court may do so even if 18 another District Court judge is constituting the court at the same time. 19 of judges not impaired 20 Jurisdiction 4.1.9. The jurisdiction of a District Court judge named to constitute the 21 court is not limited exclusively to the court. 22
s 4.1.10 140 s 4.1.12 Integrated Planning Division 4--Rules and directions 1 of court 2 Rules 4.1.10.(1) The Governor in Council, with the concurrence of 2 or more 3 Supreme Court judges of whom the Chief Justice is to be 1, may make 4 rules about anything-- 5 (a) required or permitted to be prescribed by the rules; or 6 (b) necessary or convenient to be prescribed for the purposes of the 7 court. 8 (2) Without limiting subsection (1), the rules may provide for the 9 procedures of the court, including matters that may be dealt with in 10 chambers or by a court official. 11 (3) The procedures of the court are governed by the rules. 12 (4) The rules are subordinate legislation. 13 14 Directions 4.1.11.(1) To the extent a matter about court procedure is not provided 15 for by the rules, the matter may be dealt with by directions under this 16 section. 17 (2) The Chief Judge of District Courts may issue directions of general 18 application about the procedure of the court. 19 (3) A judge may issue directions about a particular case before the court 20 when constituted by the judge. 21 5--Parties to proceedings and court sittings 22 Division court may sit 23 Where 4.1.12. The court may sit at any place. 24
s 4.1.13 141 s 4.1.16 Integrated Planning 1 Appearance 4.1.13. A party to a proceeding may appear personally or by lawyer or 2 agent. 3 djournments 4 A 4.1.14. The court may-- 5 (a) adjourn proceedings from time to time and from place to place; 6 and 7 (b) adjourn proceedings to a time, or a time and place, to be fixed. 8 happens if judge dies or is incapacitated 9 What 4.1.15.(1) This section applies if, after starting to hear a proceeding, the 10 judge hearing the proceeding dies or becomes incapable of continuing with 11 the proceeding. 12 (2) Another judge may-- 13 (a) after consulting with the parties-- 14 (i) adjourn the proceeding to allow the incapacitated judge to 15 continue dealing when able; or 16 (ii) order the proceeding be reheard; or 17 (b) with the consent of the parties, make an order the judge considers 18 appropriate about deciding the proceeding, or about completing 19 the hearing of, and deciding the proceeding. 20 (3) An order mentioned in subsection (2)(b) is taken to be a decision of 21 the court. 22 case for Court of Appeal's opinion 23 Stating 4.1.16.(1) This section applies if a question of law arises during a 24 proceeding and the judge considers it desirable that the question be decided 25 by the Court of Appeal. 26 (2) The judge may state the question in the form of a special case for the 27 opinion of the Court of Appeal. 28
s 4.1.17 142 s 4.1.19 Integrated Planning (3) The special case may be stated only during the proceeding mentioned 1 in subsection (1). 2 (4) Until the Court of Appeal has decided the special case, the court must 3 not make a decision to which the question is relevant. 4 (5) When the Court of Appeal has decided the special case, the court 5 must not proceed in a way, or make a decision, that is inconsistent with the 6 Court of Appeal's decision on the special case. 7 6--Other court officials and registry 8 Division and other court officials 9 Registrars 4.1.17. The registrars, deputy registrars and other court officials of 10 District Courts are the registrars, deputy registrars and other court officials 11 of the court. 12 13 Registries 4.1.18.(1) Each District Court registry is the registry of the court. 14 (2) The registry of the court at Brisbane is the principal registry of the 15 court. 16 (3) Subject to the registrar of the Brisbane District Court, the principal 17 registry is under the control of the senior deputy registrar. 18 (4) The senior deputy registrar may give directions to the registrars, 19 deputy registrars and other officers employed in the registries of the court. 20 records 21 Court 4.1.19.(1) The registrar must keep minutes of the proceedings and 22 records of the decisions of the court and perform the other duties the court 23 directs. 24 (2) The records of the court held at a place must be kept in the custody of 25 the registrar, deputy registrar or other court official at the place. 26
s 4.1.20 143 s 4.1.22 Integrated Planning notice 1 Judicial 4.1.20. All courts and persons acting judicially must take judicial notice 2 of the appointment and signature of every person holding office under this 3 part. 4 7--Other court matters 5 Division may make declarations 6 Court 4.1.21.(1) Any person may bring proceedings in the court for a 7 declaration about-- 8 (a) a matter done, or to be done, under this Act; and 9 (b) the construction of this Act and planning instruments under this 10 Act; and 11 (c) the lawfulness of land use or development; and 12 (d) an infrastructure charge; and 13 (e) a failure by an assessment manager to give an acknowledgment 14 notice. 15 (2) The proceeding may be brought on behalf of a person. 16 (3) If the proceeding is brought on behalf of a person, the person must 17 consent or if the person is an unincorporated body, its committee or other 18 controlling or governing body must consent. 19 (4) A person on whose behalf a proceeding is brought may contribute to, 20 or pay, the legal costs incurred by the person bringing the proceeding. 21 (5) The court has jurisdiction to hear and decide a proceeding for a 22 declaration about a matter mentioned in subsection (1). 23 may make orders about declarations 24 Court 4.1.22.(1) The court may also make an order about a declaration made 25 under section 4.1.21. 26 (2) However, if the order amends or cancels a development approval, the 27 court may only make the order if the court is satisfied the approval was 28
s 4.1.23 144 s 4.1.23 Integrated Planning obtained by fraud by the applicant. 1 (3) If the owner of the land to which the approval relates is not the 2 applicant and has not been involved in the fraud, the court must also make 3 an order about compensation for any loss the court is satisfied the owner 4 has suffered. 5 osts 6 C 4.1.23.(1) Each party to a proceeding in the court must bear the party's 7 own costs for the proceeding. 8 (2) However, the court may order costs for the proceeding (including 9 allowances to witnesses attending for giving evidence at the proceeding) as 10 it considers appropriate in the following circumstances-- 11 (a) the court considers the proceeding was instituted merely to delay 12 or obstruct; 13 (b) the court considers the proceeding (or part of the proceeding) to 14 have been frivolous or vexatious; 15 (c) a party has not been given reasonable notice of intention to apply 16 for an adjournment of the proceeding; 17 (d) a party has incurred costs because the party is required to apply 18 for an adjournment because of the conduct of another party; 19 (e) a party has incurred costs because another party has defaulted in 20 procedural requirements; 21 (f) without limiting paragraph (d), a party has incurred costs because 22 another party has introduced (or sought to introduce) new 23 material; 24 (g) the court considers an assessment manager, a referral agency or a 25 local government should have taken an active part in a proceeding 26 and it did not do so; 27 (h) an applicant, submitter, referral agency, assessment manager or 28 local government does not properly discharge its responsibilities 29 in the proceedings. 30 (3) An order made under subsection (2) may be made an order of the 31 District Court and enforced in the District Court. 32
s 4.1.24 145 s 4.1.24 Integrated Planning (4) If a person brings an appeal under section 4.1.35 and the appeal is not 1 withdrawn, the court must award costs against the relevant Minister or local 2 government-- 3 (a) if the appeal is upheld; and 4 (b) if the appeal is against a deemed refusal--even if the appeal is not 5 upheld. 6 (5) If a person brings a proceeding in the court for a declaration and order 7 requiring a designator to give, under section 2.6.19,64 a notice of intention to 8 resume an interest in land under the Acquisition of Land Act 1967 and the 9 court makes the order, the court must award costs against the designator. 10 (6) If a person brings a proceeding in the court for a declaration and order 11 requiring an assessment manager to give, under section 3.2.3,65 an 12 acknowledgment notice and the court makes the order, the court must 13 award costs against the assessment manager. 14 (7) If the court allows an assessment manager to withdraw from an 15 appeal, the court must not award costs against the assessment manager. 16 (8) The court may, if it considers it appropriate, order the costs to be 17 decided by the appropriate costs taxing officer of the Supreme Court, under 18 the scale of costs prescribed by law for proceedings in the District Court. 19 (9) If the court makes an order under subsection (8), the taxing officer 20 may decide the appropriate scale to be used in taxing the costs. 21 protection and immunity 22 Privileges, 4.1.24. A person who is one of the following has the same privileges, 23 protection or immunity as the person would have if the proceeding were in 24 the District Court-- 25 (a) the judge presiding over the proceeding; 26 (b) a legal practitioner or agent appearing in the proceeding; 27 (c) a witness attending in the proceeding. 28 64 Section 2.6.19 (Request to acquire designated land under hardship) 65 Section 3.2.3 (Acknowledgment notices generally)
s 4.1.25 146 s 4.1.27 Integrated Planning of witnesses 1 Payment 4.1.25. Every witness summoned is entitled to be paid reasonable 2 expenses by the party requiring the attendance of the witness. 3 of planning schemes 4 Evidence 4.1.26.(1) If a chief executive officer of a local government is satisfied a 5 document is a true copy of a planning scheme, or a part of the planning 6 scheme, in force for the local government at a time stated in the document, 7 the chief executive officer may so certify the document. 8 (2) In a proceeding, a document certified under subsection (1) is 9 admissible in evidence as if it were the original scheme or part. 10 Division 8--Appeals to court relating to development applications 11 by applicants 12 Appeals 4.1.27.(1) An applicant for a development application may appeal to the 13 court against any of the following-- 14 (a) the refusal, or the refusal in part, of a development application; 15 (b) a matter stated in a development approval, including any 16 condition applying to the development, and the identification of a 17 code under section 3.1.6;66 18 (c) the decision to give a preliminary approval when a development 19 permit was applied for; 20 (d) the length of a currency period; 21 (e) a deemed refusal. 22 (2) An appeal under subsection (1)(a) to (d) must be started within 23 20 business days (the "applicant's appeal period") after the day the 24 decision notice or negotiated decision notice is given to the applicant. 25 (3) An appeal under subsection (1)(e) may be started at any time after the 26 last day a decision on the matter should have been made. 27 66 Section 3.1.6 (Preliminary approval may override local planning instrument)
s 4.1.28 147 s 4.1.30 Integrated Planning by submitters 1 Appeals 4.1.28.(1) A submitter for a development application may appeal to the 2 court about-- 3 (a) the giving of a development approval, including any conditions 4 (or lack of conditions) or other provisions of the approval; or 5 (b) the length of a currency period for the approval. 6 (2) The appeal must be started within 20 business days (the 7 "submitter's appeal period") after the day the decision notice or 8 negotiated decision notice is given to the submitter. 9 (3) If a person withdraws a submission before the application is decided, 10 the person may not appeal the decision. 11 (4) If an application involves both impact assessment and code 12 assessment, appeal rights for submitters are available only for the part of the 13 application involving impact assessment. 14 by advice agency submitters 15 Appeals 4.1.29.(1) An advice agency may, within the limits of its jurisdiction, 16 appeal to the court about the giving of a development approval for a 17 development application if-- 18 (a) the development application involves impact assessment; and 19 (b) the advice agency told the applicant and the assessment manager 20 to treat its response to the application as a submission for an 21 appeal. 22 (2) The appeal must be started within 20 business days after the day the 23 decision notice or negotiated decision notice is given to the advice agency as 24 a submitter. 25 for matters arising after approval given (co-respondents) 26 Appeals 4.1.30.(1) For a development approval given for a development 27 application, a person to whom any of the following notices have been given 28 may appeal to the court against the decision in the notice-- 29 (a) a notice giving a decision on a request for an extension of the 30
s 4.1.31 148 s 4.1.32 Integrated Planning currency period for an approval; 1 (b) a notice giving a decision on a request to make a minor change to 2 an approval. 3 (2) The appeal must be started within 20 business days after the day the 4 notice of the decision is given to the person. 5 (3) Subsection (1)(a) does not apply if the approval resulted from a 6 transitional development application that was assessed as if it were an 7 application made under a superseded planning scheme. 8 9--Appeals to court about other matters 9 Division for matters arising after approval given (no co-respondents) 10 Appeals 4.1.31.(1) A person to whom any of the following notices have been 11 given may appeal to the court against the decision in the notice-- 12 (a) a notice giving a decision on a request to change or cancel a 13 condition of a development approval; 14 (b) a notice under section 6.1.44 67 giving a decision to change or 15 cancel a condition of a development approval. 16 (2) The appeal must be started within 20 business days after the day the 17 notice of the decision is given to the person. 18 against enforcement notices 19 Appeals 4.1.32.(1) A person who is given an enforcement notice may appeal to 20 the court against the giving of the notice. 21 (2) The appeal must be started within 20 business days after the day 22 notice is given to the person. 23 67 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)
s 4.1.33 149 s 4.1.35 Integrated Planning of operation of enforcement notice 1 Stay 4.1.33.(1) The lodging of a notice of appeal about an enforcement notice 2 stays the operation of the enforcement notice until-- 3 (a) the court, on the application of the entity issuing the notice, 4 decides otherwise; or 5 (b) the appeal is withdrawn; or 6 (c) the appeal is dismissed. 7 (2) However, subsection (1) does not apply if the enforcement notice is 8 about-- 9 (a) a work, if the enforcement notice states the entity believes the 10 work is a danger to persons or a risk to public health; or 11 (b) the demolition of a work. 12 against decisions on compensation claims 13 Appeals 4.1.34.(1) A person who is dissatisfied with a decision under 14 section 5.4.868 or 5.5.3 69 for the payment of compensation may appeal to 15 the court against-- 16 (a) the decision; or 17 (b) a deemed refusal of the claim. 18 (2) An appeal under subsection (1)(a) must be started within 20 business 19 days after the day notice of the decision is given to the person. 20 (3) An appeal under subsection (1)(b) may be started at any time after the 21 last day a decision on the matter should have been made. 22 against decisions on requests to acquire designated land 23 Appeals under hardship 24 4.1.35.(1) A person who is dissatisfied with a designator's decision to 25 68 Section 5.4.8 (Deciding claims for compensation) 69 Section 5.5.3 (Compensation for loss or damage)
s 4.1.36 150 s 4.1.38 Integrated Planning refuse a request made by the person under section 2.6.19,70 may appeal to 1 the court against-- 2 (a) the decision; or 3 (b) a deemed refusal of the request. 4 (2) An appeal under subsection (1)(a) must be started within 20 business 5 days after the day notice of the decision is given to the person. 6 (3) An appeal under subsection (1)(b) may be started at any time after the 7 last day a decision on the matter should have been made. 8 against disqualification as a private certifier 9 Appeals 4.1.36.(1) A person who is disqualified as a private certifier may appeal 10 to the court against the person's disqualification. 11 (2) The appeal must be started within 20 business days after the day 12 notice of the disqualification is given to the private certifier. 13 from tribunals 14 Appeals 4.1.37.(1) A party to a proceeding decided by a tribunal may appeal to 15 the court against the tribunal's decision, but only on the ground-- 16 (a) of error or mistake in law on the part of the tribunal; or 17 (b) that the tribunal had no jurisdiction to make the decision or 18 exceeded its jurisdiction in making the decision. 19 (2) An appeal against a tribunal's decision must be started within 20 20 business days after the day notice of the tribunal's decision is given to 21 the party. 22 may remit matter to tribunal 23 Court 4.1.38. If an appeal includes a matter within the jurisdiction of a tribunal 24 and the court is satisfied the matter should be dealt with by a tribunal, the 25 court must remit the matter to the tribunal for decision. 26 70 Section 2.6.19 (Request to acquire designated land under hardship)
s 4.1.39 151 s 4.1.41 Integrated Planning Division 10--Making an appeal to court 1 appeals to the court are started 2 How 4.1.39.(1) An appeal is started by lodging written notice of appeal with 3 the registrar of the court. 4 (2) The notice of appeal must state the grounds of the appeal. 5 (3) The person starting the appeal must also comply with the rules of the 6 court applying to the appeal. 7 (4) However, the court may hear and decide an appeal even if the person 8 has not complied with subsection (3). 9 appellants must obtain information about submitters 10 Certain 4.1.40.(1) If the applicant or a submitter for a development application 11 appeals about the part of the application involving impact assessment, the 12 appellant must ask the assessment manager to give the appellant the name 13 and address of each principal submitter who made a properly made 14 submission about the application and has not withdrawn the submission. 15 (2) The assessment manager must give the information requested under 16 subsection (1) as soon as practicable. 17 of appeal to other parties (div 8) 18 Notice 4.1.41.(1) An appellant under division 8 must, within 10 business days 19 after the day the appeal is started (or if information is requested under 20 section 4.1.40, within 10 business days after the day the appellant is given 21 the information) give written notice of the appeal to-- 22 (a) if the appellant is an applicant--the assessment manager, any 23 concurrence agency, any principal submitter whose submission 24 has not been withdrawn and any advice agency treated as a 25 submitter whose submission has not been withdrawn; or 26 (b) if the appellant is a submitter or an advice agency whose response 27 to the development application is treated as a submission for an 28 appeal--the assessment manager, the applicant and any 29 concurrence agency; or 30
s 4.1.42 152 s 4.1.42 Integrated Planning (c) if the appellant is a person to whom a notice mentioned in 1 section 4.1.30 has been given--the assessment manager and any 2 entity that was a concurrence agency for the development 3 application. 4 (2) The notice must state-- 5 (a) the grounds of the appeal; and 6 (b) if the person given the notice is not the respondent or a 7 co-respondent under section 4.1.43--that the person, within 8 10 business days after the day the notice is given, may elect to 9 become a co-respondent to the appeal. 10 of appeal to other parties (div 9) 11 Notice 4.1.42.(1) An appellant under division 9 must, within 10 business days 12 after the day the appeal is started give written notice of the appeal to-- 13 (a) if the appellant is a person to whom a notice mentioned in 14 section 4.1.3171 has been given--the entity that gave the notice; or 15 (b) if the appellant is a person to whom an enforcement notice is 16 given--the entity that gave the notice and if the entity is not the 17 local government, the local government; or 18 (c) if the appellant is a person dissatisfied with a decision about 19 compensation--the local government that decided the claim; or 20 (d) if the appellant is a person dissatisfied with a decision about 21 acquiring designated land--the designator; or 22 (e) if the appellant is a person who is disqualified as a private 23 certifier--the entity disqualifying the person and if the entity 24 disqualifying the person is not the accrediting body, the 25 accrediting body; or 26 (f) if the appellant is a party to a proceeding decided by a 27 tribunal--the other party to the proceeding. 28 (2) The notice must state the grounds of the appeal. 29 71 Section 4.1.31 (Appeals for matters arising after approval given (no co-respondents))
s 4.1.43 153 s 4.1.45 Integrated Planning and co-respondents for appeals under div 8 1 Respondent 4.1.43.(1) This section applies to appeals under division 872 for a 2 development application. 3 (2) The assessment manager is the respondent for the appeal. 4 (3) If the appeal is started by a submitter, the applicant is a co-respondent 5 for the appeal. 6 (4) If the appeal is about a concurrence agency response, the concurrence 7 agency is a co-respondent for the appeal. 8 (5) If the appeal is only about a concurrence agency response, the 9 assessment manager may apply to the court to withdraw from the appeal. 10 (6) The respondent and any co-respondents for an appeal are entitled to 11 be heard in the appeal as a party to the appeal. 12 (7) A person to whom a notice of appeal is required to be given under 13 section 4.1.41 and who is not the respondent or a co-respondent for the 14 appeal may elect to be a co-respondent. 15 and co-respondents for appeals under div 9 16 Respondent 4.1.44.(1) This section applies if an entity is required under 17 section 4.1.42 to be given a notice of an appeal.73 18 (2) The entity given written notice is the respondent for the appeal. 19 (3) However, if under a provision of the section more than 1 entity is 20 required to be given notice, only the first entity mentioned in the provision 21 is the respondent. 22 (4) The second entity mentioned in the provision may elect to be a 23 co-respondent. 24 a person may elect to be co-respondent 25 How 4.1.45.(1) An entity elects to be a co-respondent by lodging in the court, 26 within 10 business days after the day the notice of the appeal is given to the 27 72 Division 8 (Appeals to court relating to development applications) 73 Division 9 (Appeals to court about other matters)
s 4.1.46 154 s 4.1.48 Integrated Planning entity, a notice of election under the rules of court. 1 (2) If a principal submitter is entitled to elect to become a co-respondent, 2 any other submitter for the submission may also elect to become a 3 co-respondent to the appeal. 4 entitled to be represented in an appeal involving a State 5 Minister interest 6 4.1.46. If the Minister is satisfied that an appeal involves a State interest, 7 the Minister is entitled to be represented in the appeal. 8 appeal stops certain actions 9 Lodging 4.1.47.(1) If an appeal (other than an appeal under section 4.1.30) is 10 started under division 8, the development must not be started until the 11 appeal is decided or withdrawn. 12 (2) Despite subsection (1), if the court is satisfied the outcome of the 13 appeal would not be affected if the development or part of the development 14 is started before the appeal is decided, the court may allow the development 15 or part of the development to start before the appeal is decided. 16 11--Alternative dispute resolution 17 Division process applies to proceedings started under this part 18 ADR 4.1.48.(1) The District Courts Act 1967, part 774 and the District Court 19 Rules 1968, part 3975 (together, the "ADR provisions"), apply to 20 proceedings started under this part. 21 (2) However, to the extent there is any inconsistency between the cost 22 provisions of the ADR provisions and the cost provisions of this Act, the 23 cost provisions of the ADR provisions prevail. 24 (3) In applying the ADR provisions to a proceeding under this part-- 25 74 District Courts Act 1967, part 7 (ADR process) 75 District Court Rules 1968, part 39 (Alternative dispute resolution process)
s 4.1.49 155 s 4.1.50 Integrated Planning (a) a reference to the court or the District Court is taken to be a 1 reference to the Planning and Environment Court; and 2 (b) a reference to a District Court judge is taken to be a reference to a 3 judge constituting the Planning and Environment Court; and 4 (c) definitions and other interpretative provisions of the District 5 Courts Act 1967 and the District Court Rules 1968 relevant to the 6 ADR provisions apply. 7 Division 12--Court process for appeals 8 procedures 9 Hearing 4.1.49. The procedure for hearing an appeal is to be in accordance with-- 10 (a) the rules of court; or 11 (b) if the rules make no provision or insufficient 12 provision--directions of the judge constituting the court. 13 must prove case 14 Who 4.1.50.(1) In an appeal by the applicant for a development application, it 15 is for the appellant to establish that the appeal should be upheld. 16 (2) In an appeal by a submitter for a development application, it is for the 17 applicant to establish that the appeal should be dismissed. 18 (3) In an appeal by an advice agency for a development application that 19 told the applicant and the assessment manager to treat its response to the 20 application as a submission for an appeal, it is for the applicant to establish 21 that the appeal should be dismissed. 22 (4) In an appeal by a person who appeals under section 4.1.30 or 23 4.1.31,76 it is for the appellant to establish that the appeal should be upheld. 24 (5) In an appeal by a person who is given an enforcement notice, it is for 25 the entity that gave the notice to establish that the appeal should be 26 76 Section 4.1.30 (Appeals for matters arising after approval given (co-respondents)) or 4.1.31 (Appeals for matters arising after approval given (no co-respondents))
s 4.1.51 156 s 4.1.52 Integrated Planning dismissed. 1 (6) In an appeal by a person who is dissatisfied with a decision about 2 compensation, it is for the local government that decided the claim to 3 establish that the appeal should be dismissed. 4 (7) In an appeal by a person who is dissatisfied with a decision about 5 acquiring designated land, it is for the designator to establish that the appeal 6 should be dismissed. 7 (8) In an appeal by a person who is disqualified as a private certifier, it is 8 for the entity disqualifying the person to establish that the appeal should be 9 dismissed. 10 (9) In an appeal by a party to a proceeding decided by a tribunal, it is for 11 the appellant to establish that the appeal should be upheld. 12 may hear appeals together 13 Court 4.1.51. The court may hear 2 or more appeals together. 14 by way of hearing anew 15 Appeal 4.1.52.(1) An appeal is by way of hearing anew. 16 (2) However, if the appellant is the applicant or a submitter for a 17 development application, the court-- 18 (a) must decide the appeal based on the laws and policies applying 19 when the application was made, but may give weight to any new 20 laws and policies the court considers appropriate; and 21 (b) must not consider a change to the application on which the 22 decision being appealed was made unless the change is only a 23 minor change. 24 (3) To remove any doubt, it is declared that if the appellant is the 25 applicant or a submitter for a development application-- 26 (a) the court is not prevented from considering and making a 27 decision about a ground of appeal (based on a concurrence 28 agency's response) merely because this Act required the 29 assessment manager to refuse the application or approve the 30 application subject to conditions; and 31
s 4.1.53 157 s 4.1.54 Integrated Planning (b) in an appeal against a decision about a transitional development 1 application that was assessed as if it were an application made 2 under a superseded planning scheme, the court also must-- 3 (i) consider the appeal as if the application were made under the 4 superseded planning scheme; and 5 (ii) disregard the planning scheme applying when the application 6 was made. 7 must not decide appeal unless notification stage complied with 8 Court 4.1.53.(1) The court must not decide an appeal about a development 9 application the notification stage applied to unless the court is satisfied the 10 applicant complied with the requirements of the notification stage. 11 (2) However, the court may decide the appeal even if some IDAS 12 requirements have not been complied with, if the court is satisfied the 13 noncompliance has not-- 14 (a) adversely affected the awareness of the public of the existence and 15 nature of the application; or 16 (b) restricted the opportunity of the public to exercise the rights 17 conferred by the requirements. 18 decision 19 Appeal 4.1.54.(1) In deciding an appeal the court may make the orders and 20 directions it considers appropriate. 21 (2) Without limiting subsection (1), the court may-- 22 (a) confirm the decision appealed against; or 23 (b) change the decision appealed against; or 24 (c) set aside the decision appealed against and make a decision 25 replacing the decision set aside. 26 (3) If the court acts under subsection (2)(b) or (c), the court's decision is 27 taken, for this Act (other than this decision) to be the decision of the entity 28 making the appealed decision. 29 (4) If the appeal is an appeal against the decision of a tribunal, the court 30
s 4.1.55 158 s 4.1.58 Integrated Planning may return the matter to the tribunal with a direction that the tribunal make 1 its decision according to law. 2 may allow longer period to take an action 3 Court 4.1.55. In this part, if an action must be taken within a specified time, the 4 court may allow a longer time to take the action if the court is satisfied there 5 are sufficient grounds for the extension. 6 Division 13--Appeals to Court of Appeal 7 may appeal to Court of Appeal 8 Who 4.1.56.(1) A party to a proceeding may, under the rules of court, appeal a 9 decision of the court on the ground-- 10 (a) of error or mistake in law on the part of the court; or 11 (b) that the court had no jurisdiction to make the decision; or 12 (c) that the court exceeded its jurisdiction in making the decision. 13 (2) However, the party may appeal only with the leave of the Court of 14 Appeal or a judge of Appeal. 15 leave to appeal must be sought and appeal made 16 When 4.1.57.(1) A party intending to seek leave of the Court of Appeal to 17 appeal against a decision of the court must, within 30 business days after 18 the court's decision is given to the party, apply to the Court of Appeal for 19 leave to appeal against the decision. 20 (2) If the Court of Appeal grants the leave, the notice of appeal against 21 the decision must be served and filed within 30 business days after the 22 Court of Appeal grants leave to appeal. 23 of Court of Appeal 24 Power 4.1.58. The Court of Appeal may do 1 or more of the following-- 25 (a) return the matter to the court or judge for decision in accordance 26
s 4.1.59 159 s 4.2.1 Integrated Planning with the Court of Appeal's decision; 1 (b) affirm, amend, or revoke and substitute another order or decision 2 for, the court's or judge's order or decision; 3 (c) make an order the Court of Appeal considers appropriate. 4 appeal stops certain actions 5 Lodging 4.1.59.(1) If a decision on an appeal under division 8 (other than an 6 appeal under section 4.1.30) is appealed under this division, the 7 development must not be started until the appeal under this division is 8 decided or withdrawn. 9 (2) Despite subsection (1), if the Court of Appeal is satisfied the outcome 10 of the appeal before it would not be affected if the development or part of 11 the development is started before the appeal before it is decided, the Court 12 of Appeal may allow the development or part of the development to start 13 before the appeal before it is decided. 14 ART 2--BUILDING AND DEVELOPMENT 15 P TRIBUNALS 16 1--Establishing, constituting and jurisdiction of tribunals 17 Division building and development tribunals 18 Establishing 4.2.1.(1) The chief executive may at any time establish a building and 19 development tribunal. 20 (2) A tribunal may be established by the appointment of not more than 21 5 referees77 as the members constituting the tribunal. 22 (3) In establishing a tribunal, the chief executive must have regard to the 23 matter with which the tribunal must deal. 24 77 Referees are appointed under division 7.
s 4.2.2 160 s 4.2.4 Integrated Planning about multiple member tribunals 1 Consultation 4.2.2. If a tribunal is to be constituted by more than 1 member, the chief 2 executive must-- 3 (a) consult with a representative of the Local Government 4 Association of Queensland about the appointment of at least 1 of 5 the referees as a member; and 6 (b) in the writing appointing the members, appoint 1 member as 7 chairperson of the tribunal. 8 members to continue for duration of tribunal 9 Same 4.2.3.(1) A tribunal must continue to be constituted by the same 10 members. 11 (2) If a tribunal cannot complete a decision on a matter, the chief 12 executive may establish another tribunal to hear the matter again from the 13 beginning. 14 with conflict of interest not to be member of tribunal 15 Referee 4.2.4.(1) This section applies to a referee if the chief executive advises the 16 referee that the chief executive proposes to appoint the referee as a member 17 of a tribunal, and either or both of the following apply-- 18 (a) the tribunal is to hear a matter about premises-- 19 (i) the referee owns; or 20 (ii) in relation to which the referee is, or is to be, an architect, 21 builder, engineer, planner or private certifier; or 22 (iii) situated or to be situated in the area of a local government of 23 which the referee is an officer, employee or councillor; 24 (b) the referee has a direct or indirect personal interest in a matter to 25 be considered by the tribunal, and the interest could conflict with 26 the proper performance of the referee's duties in relation to the 27 tribunal's consideration of the matter. 28 (2) The referee must advise the chief executive that this section applies to 29
s 4.2.5 161 s 4.2.8 Integrated Planning the referee, and the chief executive must not appoint the referee to the 1 tribunal. 2 not to act as member of tribunal in certain cases 3 Referee 4.2.5. If a member of a tribunal is aware, or becomes aware, that the 4 member should not have been appointed to the tribunal, the member must 5 not act as a member of the tribunal. 6 of members of tribunal 7 Remuneration 4.2.6.(1) A member of a tribunal must be paid the remuneration the 8 Governor in Council decides. 9 (2) A member who is a public service officer must not be paid 10 remuneration if the officer acts as a member during the officer's ordinary 11 hours of duty as an officer but is entitled to be paid expenses necessarily 12 incurred by the officer in so acting. 13 of tribunals 14 Jurisdiction 4.2.7.(1) A tribunal has jurisdiction to decide any matter that under this 15 or another Act may be appealed to it. 16 (2) An appeal to a tribunal may only relate to-- 17 (a) the Standard Building Law; or 18 (b) a matter prescribed under a regulation. 19 2--Other tribunal officials 20 Division of registrar and other officers 21 Appointment 4.2.8.(1) The chief executive may at any time by gazette notice appoint a 22 registrar of building and development tribunals, and other officers the chief 23 executive considers appropriate to help tribunals to perform their functions. 24 (2) A public service officer may be appointed under subsection (1) or 25 may be assigned by the chief executive to perform duties to help tribunals, 26
s 4.2.9 162 s 4.2.10 Integrated Planning and may hold the appointment or perform the duties concurrently with any 1 other appointment the officer holds in the public service. 2 3--Appeals to tribunals relating to development applications 3 Division by applicants 4 Appeals 4.2.9.(1) An applicant for a development application may appeal to a 5 tribunal against any of the following-- 6 (a) the refusal, or the refusal in part, of a development application; 7 (b) a matter stated in a development approval, including any 8 condition applying to the development, but not including the 9 identification of a code under section 3.1.6;78 10 (c) the decision to give a preliminary approval when a development 11 permit was applied for; 12 (d) the length of a currency period; 13 (e) a deemed refusal. 14 (2) An appeal under subsection (1)(a) to (d) must be started within 15 20 business days (the "applicant's appeal period") after the day the 16 decision notice or negotiated decision notice is given to the applicant. 17 (3) An appeal under subsection (1)(e) may be started at any time after the 18 last day a decision on the matter should have been made. 19 by advice agency 20 Appeal 4.2.10.(1) An advice agency may, within the limits of its jurisdiction, 21 appeal to a tribunal about the giving of a development approval if the 22 development application involves code assessment, and the advice agency is 23 the Queensland Fire and Rescue Authority. 24 (2) The appeal must be started within 10 business days after the day the 25 decision notice or negotiated decision notice is given to the Queensland Fire 26 and Rescue Authority as an advice agency. 27 78 Section 3.1.6 (Preliminary approval may override local planning instrument)
s 4.2.11 163 s 4.2.13 Integrated Planning for matters arising after approval given (co-respondents) 1 Appeals 4.2.11.(1) For a development approval given for a development 2 application, a person to whom any of the following notices have been given 3 may appeal to a tribunal against the decision in the notice-- 4 (a) a notice giving a decision on a request for an extension of the 5 currency period for the approval; 6 (b) a notice giving a decision on a request to make a minor change to 7 the approval. 8 (2) The appeal must be started within 20 business days after the day the 9 notice of the decision is given to the person. 10 (3) Subsection (1)(a) does not apply if the approval resulted from a 11 transitional development application that was assessed as if it were an 12 application made under a superseded planning scheme. 13 4--Appeals to tribunal about other matters 14 Division for matters arising after approval given (no co-respondents) 15 Appeals 4.2.12.(1) A person to whom any of the following notices have been 16 given may appeal to a tribunal against the decision in the notice-- 17 (a) a notice giving a decision on a request to change or cancel a 18 condition of the development approval; 19 (b) a notice under section 6.1.44 79 giving a decision to change or 20 cancel a condition of the development approval. 21 (2) The appeal must be started within 20 business days after the day the 22 notice of the decision is given to the person. 23 against enforcement notices 24 Appeals 4.2.13.(1) A person who is given an enforcement notice may appeal to a 25 tribunal against the giving of the notice. 26 79 Section 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances)
s 4.2.14 164 s 4.2.16 Integrated Planning (2) The appeal must be started within 20 business days after the day the 1 notice is given to the person. 2 of operation of enforcement notice 3 Stay 4.2.14.(1) The lodging of a notice of appeal about an enforcement notice 4 stays the operation of the enforcement notice until-- 5 (a) the tribunal, on the application of the entity issuing the notice, 6 decides otherwise; or 7 (b) the appeal is withdrawn; or 8 (c) the appeal is dismissed. 9 (2) However, subsection (1) does not apply if the enforcement notice is 10 about-- 11 (a) a work, if the enforcement notice states the entity believes the 12 work is a danger to persons or a risk to public health; or 13 (b) the demolition of a work. 14 Division 5--Making an appeal to tribunal 15 appeals to tribunals are started 16 How 4.2.15.(1) A person starts an appeal by lodging written notice of appeal, 17 in the approved form, with the registrar of the tribunal. 18 (2) The notice of appeal must state the grounds of the appeal and be 19 accompanied by the fee prescribed under a regulation. 20 track appeals 21 Fast 4.2.16.(1) A person who is entitled to start an appeal under this part, 22 may, by written request, ask the chief executive to appoint a tribunal to start 23 hearing the appeal within 2 business days after starting the appeal. 24 (2) A request made under subsection (1) must be accompanied by the fee 25 prescribed under a regulation. 26 (3) The chief executive may grant or refuse the request. 27
s 4.2.17 165 s 4.2.17 Integrated Planning (4) The chief executive may grant the request only if all the parties to the 1 appeal, including any person who could elect to become a co-respondent, 2 have agreed in writing to the request. 3 (5) If the chief executive grants the request, the chief executive may as a 4 condition of granting the request, require the person making the request to 5 pay-- 6 (a) the reasonable costs of the respondent and any co-respondents for 7 the appeal after the request is granted; and 8 (b) an additional tribunal fee prescribed under a regulation. 9 (6) If the request is granted, any notice of appeal to be given and any 10 election to be a co-respondent to the appeal under this part must be given or 11 made before any hearing for the appeal starts. 12 of appeal to other parties (div 3) 13 Notice 4.2.17.(1) For an appeal under division 3,80 the registrar must, within 14 10 business days after the day the appeal is started, give written notice of the 15 appeal to-- 16 (a) if the appellant is an applicant--the assessment manager, any 17 concurrence agency for an aspect of the application the subject of 18 the appeal, and, if the Queensland Fire and Rescue Authority is an 19 advice agency for the application, the authority; or 20 (b) if the appellant is a person to whom a notice mentioned in 21 section 4.2.1181 has been given--the assessment manager and 22 any entity that was a concurrence agency for an aspect of the 23 application the subject of the appeal. 24 (2) The notice must state-- 25 (a) the grounds of the appeal; and 26 (b) if the person given the notice is not the respondent or a 27 80 Division 3 (Appeals to tribunals relating to development applications) 81 Section 4.2.11 (Appeals for matters arising after approval given (co-respondents))
s 4.2.18 166 s 4.2.19 Integrated Planning co-respondent under section 4.2.1982--that the person, within 1 10 business days after the day the notice is given, may elect to 2 become a co-respondent to the appeal. 3 of appeal to other parties (div 4) 4 Notice 4.2.18.(1) For an appeal under division 4, the registrar must, within 5 10 business days after the day the appeal is started, give written notice of the 6 appeal to-- 7 (a) if the appellant is a person to whom a notice mentioned in 8 section 4.2.1283 has been given--the entity that gave the notice; or 9 (b) if the appellant is a person to whom an enforcement notice is 10 given--the entity that gave the notice, and, if the entity is not the 11 local government, the local government. 12 (2) The notice must state the grounds of the appeal. 13 and co-respondents for appeals under div 3 14 Respondent 4.2.19.(1) This section applies to appeals under division 3 for a 15 development application. 16 (2) The assessment manager is the respondent for the appeal. 17 (3) If the appeal is about a concurrence agency response, the concurrence 18 agency is a co-respondent for the appeal. 19 (4) If the appeal is only about a concurrence agency response, the 20 assessment manager may apply to the tribunal to withdraw from the appeal. 21 (5) The respondent and any co-respondents for an appeal are each entitled 22 to be heard in the appeal as a party to the appeal. 23 (6) A person to whom a notice of appeal is required to be given under 24 section 4.2.17 and who is not the respondent or a co-respondent for the 25 appeal under subsections (1) to (3) may elect to be a co-respondent. 26 82 Section 4.2.19 (Respondent and co-respondents for appeals under div 3) 83 Section 4.2.12 (Appeals for matters arising after approval given (no co-respondents))
s 4.2.20 167 s 4.2.22 Integrated Planning and co-respondents for appeals under div 4 1 Respondent 4.2.20.(1) This section applies if an entity is required under 2 section 4.2.18 to be given a notice of an appeal. 3 (2) The entity given written notice is the respondent for the appeal. 4 (3) However, if under section 4.2.18(1)(b) more than 1 entity is required 5 to be given notice-- 6 (a) the first entity mentioned in the provision is the respondent; but 7 (b) the second entity mentioned in the provision may elect to be a 8 co-respondent. 9 a person may elect to be co-respondent 10 How 4.2.21. An entity elects to be a co-respondent by lodging in the tribunal, 11 within 10 business days after the day the notice of the appeal is given to the 12 entity, a notice of election in the approved form. 13 must ask assessment manager for material in certain 14 Registrar proceedings 15 4.2.22.(1) If an appeal is about a deemed refusal, the registrar must ask 16 the assessment manager to give the registrar-- 17 (a) all material (including plans and specifications) about the aspect 18 of the application being appealed; and 19 (b) a statement of the reasons the assessment manager had not 20 decided the application during the decision making period or 21 extended decision making period; and 22 (c) any other information the registrar requires. 23 (2) The assessment manager must give the material mentioned in 24 subsection (1) within 10 business days after the day the registrar asks for 25 the material. 26
s 4.2.23 168 s 4.2.26 Integrated Planning entitled to be represented in an appeal involving a State 1 Minister interest 2 4.2.23. If the Minister is satisfied that an appeal involves a State interest, 3 the Minister is entitled to be represented in the appeal. 4 Division 6--Tribunal process for appeals 5 a tribunal 6 Establishing 4.2.24.(1) When the registrar receives a notice of appeal, the registrar 7 must give a copy of the notice to the chief executive. 8 (2) On receiving a copy of a notice of appeal from the registrar, the chief 9 executive must, by the written appointment of a referee or referees, establish 10 a tribunal to decide the appeal. 11 (3) The registrar must give each party to the appeal written notice that a 12 tribunal has been established. 13 of tribunals 14 Procedures 4.2.25.(1) A tribunal must-- 15 (a) conduct its business in the way prescribed under a regulation or, 16 in so far as the way is not prescribed, as it considers appropriate; 17 and 18 (b) make its decisions in a timely way. 19 (2) A tribunal may-- 20 (a) sit at the times and places it decides; and 21 (b) hear 2 or more appeals together. 22 osts 23 C 4.2.26. Each party to an appeal must bear the party's own costs for the 24 appeal. 25
s 4.2.27 169 s 4.2.31 Integrated Planning may allow longer period to take an action 1 Tribunal 4.2.27. In this part, if an action must be taken within a specified time, the 2 tribunal may allow a longer time to take the action if the tribunal is satisfied 3 there are sufficient grounds for the extension. 4 may be by hearing or written submission 5 Appeal 4.2.28. The chairperson of the tribunal must decide whether the tribunal 6 will-- 7 (a) conduct a hearing for the appeal; or 8 (b) if all the parties to the appeal agree--decide the appeal on the 9 basis of written submissions. 10 by hearing 11 Appeals 4.2.29. If the appeal is to be by way of a hearing, the chairperson must-- 12 (a) fix a time and place for the hearing; and 13 (b) give all the parties to the appeal written notice of the time and 14 place of the hearing. 15 to representation at tribunal appeal hearing 16 Right 4.2.30.(1) A party to an appeal may appear in person or be represented 17 by an agent. 18 (2) A person must not be represented at an appeal by an agent who is a 19 lawyer. 20 of hearings 21 Conduct 4.2.31.(1) In conducting the hearing, the tribunal-- 22 (a) need not proceed in a formal way; and 23 (b) is not bound by the rules of evidence; and 24 (c) may inform itself in the way it considers appropriate; and 25 (d) may seek the views of any person; and 26
s 4.2.32 170 s 4.2.33 Integrated Planning (e) must give all persons appearing before it reasonable opportunity 1 to be heard; and 2 (f) may prohibit or regulate questioning in the hearing. 3 (2) The tribunal may hear the appeal without hearing a person if the 4 person is not present or represented at the time and place appointed for 5 hearing the person. 6 (3) If, because of the time available for conducting the appeal, a person 7 does not have an opportunity to be heard, or fully heard, the person may 8 make a written submission about the matter to the tribunal. 9 by written submission 10 Appeals 4.2.32.(1) If the tribunal is to decide the appeal on the basis of written 11 submissions, the chairperson must-- 12 (a) decide a reasonable time within which the tribunal may accept the 13 written submissions; and 14 (b) give the parties written notice that the appeal is to be decided on 15 the basis of written submissions. 16 (2) The notice must ask for written submissions about the appellant's 17 grounds of appeal to be given to the chairperson within the time decided 18 under subsection (1). 19 the tribunal may consider in making a decision 20 Matters 4.2.33. If the appeal is about a development application (including about 21 a development approval given for a development application) the tribunal 22 must decide the appeal based on-- 23 (a) the same material the assessment manager or referral agency was 24 required to have regard to when deciding the application; and 25 (b) the laws and policies applying when the application was made, 26 but may give such weight to any new laws and policies the 27 tribunal considers appropriate. 28
s 4.2.34 171 s 4.2.35 Integrated Planning decision 1 Appeal 4.2.34.(1) In deciding an appeal the tribunal may make the orders and 2 directions it considers appropriate. 3 (2) Without limiting subsection (1), the tribunal may-- 4 (a) confirm the decision appealed against; or 5 (b) change the decision appealed against; or 6 (c) set aside the decision appealed against and make a decision 7 replacing the decision set aside; or 8 (d) for a deemed refusal-- 9 (i) order the assessment manager to decide the application by a 10 stated time; and 11 (ii) if the assessment manager does not comply with the order 12 under subparagraph (i)--decide the application. 13 (3) If the tribunal acts under subsection (2)(b), (c) or (d)(ii), the tribunal's 14 decision is taken, for this Act (other than this decision) to be the decision of 15 the assessment manager. 16 (4) The chairperson of the tribunal must give all parties to the appeal, 17 written notice of the tribunal's decision.84 18 decision may be made without representation or submission 19 When 4.2.35. The tribunal may decide the appeal without the representations or 20 submissions of a person who has been given a notice under 21 section 4.2.29(b) or section 4.2.32(1) if-- 22 (a) for a hearing without written submissions--the person does not 23 appear at the hearing; or 24 (b) for a hearing on the basis of written submissions--the person's 25 submissions are not received within the time stated in the notice 26 given under section 4.2.32(1). 27 84 Any person receiving a notice may appeal the decision. See section 4.1.37 (Appeals from tribunals).
s 4.2.36 172 s 4.2.39 Integrated Planning 7--Referees 1 Division of referees 2 Appointment 4.2.36.(1) The Minister, by gazette notice, may appoint the number of 3 persons the Minister considers appropriate to be referees under this Act. 4 (2) A public service officer may be appointed as a referee. 5 (3) An officer appointed under subsection (2) holds the appointment 6 concurrently with any other appointment the officer holds in the public 7 service. 8 of referees 9 Qualification 4.2.37.(1) A referee may be appointed as a member of a tribunal to hear 10 and decide a matter only if the referee has the qualifications, experience or 11 qualifications and experience prescribed for the matter under a regulation. 12 of referee's appointment 13 Term 4.2.38.(1) A person may be appointed a referee for the term, not be 14 longer than 3 years, the Minister considers appropriate. 15 (2) The term of appointment must be stated in the notice of appointment. 16 (3) A referee may be re-appointed. 17 (4) A referee may at any time resign the referee's appointment by writing 18 under the referee's hand given to the Minister. 19 (5) The Minister may cancel a referee's appointment at any time. 20 to make declaration 21 Referee 4.2.39.(1) A person appointed as a referee must-- 22 (a) sign a declaration in the approved form; and 23 (b) give the declaration to the chief executive as soon as the 24 declaration is signed. 25
s 4.3.1 173 s 4.3.3 Integrated Planning (2) The person must not sit as a member of a tribunal until the 1 declaration has been given to the chief executive. 2 ART 3--DEVELOPMENT OFFENCES, NOTICES 3 P AND ORDERS 4 1--Development offences 5 Division out assessable development without permit 6 Carrying 4.3.1.(1) A person must not start assessable development without a 7 development permit for the development. 8 Maximum penalty--1 665 penalty units. 9 (2) Subsection (1) applies subject to section 4.3.6. 10 (3) Despite subsection (1), if the assessable development is the 11 demolition of a building identified in a planning scheme as a building of 12 heritage significance the maximum penalty is 17 000 penalty units. 13 development must comply with codes 14 Self-assessable 4.3.2. A person must comply with applicable codes when carrying out 15 self-assessable development. 16 Maximum penalty--165 penalty units. 17 with development approval 18 Compliance 4.3.3.(1) A person must not contravene a development approval, 19 including any condition in the approval. 20 Maximum penalty--1 665 penalty units. 21 (2) Subsection (1) applies subject to section 4.3.6. 22
s 4.3.4 174 s 4.3.7 Integrated Planning with identified codes about use of premises 1 Compliance 4.3.4.(1) A person must not contravene a code identified, in a way 2 provided for in this Act, as a code applying to the use of premises. 3 Maximum penalty--1 665 penalty units. 4 (2) Subsection (1) applies subject to section 4.3.6. 5 on unlawful use of premises 6 Carrying 4.3.5. A person must not use premises if the use is not a lawful use. 7 Maximum penalty--1 665 penalty units. 8 (2) Subsection (1) applies subject to section 4.3.6. 9 or use carried out in emergency 10 Development 4.3.6.(1) Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5 do not apply to a person 11 if-- 12 (a) the person starts development or a use because of an emergency 13 endangering-- 14 (i) the life or health of a person; or 15 (ii) the structural safety of a building; and 16 (b) the person gives written notice of the development or use to the 17 local government as soon as practicable after starting the 18 development or use. 19 (2) However, subsection (1) does not apply if the person is required by 20 an enforcement notice or order to stop carrying out the development or use. 21 a false or misleading notice 22 Giving 4.3.7.(1) A person must not give an assessment manager a notice under 23 section 3.3.485 or 3.4.786 that is false or misleading. 24 85 Section 3.3.4 (Applicant advises assessment manager) 86 Section 3.4.7 (Notice of compliance to be given to assessment manager)
s 4.3.8 175 s 4.3.10 Integrated Planning Maximum penalty--1 665 penalty units. 1 (2) A person must not give the chief executive a notice under 2 section 3.3.587 that is false or misleading. 3 Maximum penalty--1 665 penalty units. 4 2--Show cause notices 5 Division of div 2 6 Application 4.3.8. This division applies if an assessing authority proposes to give a 7 person an enforcement notice other than an enforcement notice about--88 8 (a) work the authority reasonably believes is a danger to persons or a 9 risk to public health; or 10 (b) work the authority reasonably believes is of a minor nature; or 11 (c) the demolition of a work. 12 show cause notice 13 Giving 4.3.9. Before giving an enforcement notice, the assessing authority must 14 give the person a notice (a "show cause notice") inviting the person to 15 show cause why the enforcement notice should not be given. 16 requirements of show cause notice 17 General 4.3.10.(1) A show cause notice must-- 18 (a) be in writing; and 19 (b) outline the facts and circumstances forming the basis for the 20 assessing authority's belief that an enforcement notice should be 21 given to the person; and 22 (c) state that representations may be made about the show cause 23 87 Section 3.3.5 (Referral coordination) 88 Under section 5.3.5, a private certifier also has restricted rights under divisions 2 and 3.
s 4.3.11 176 s 4.3.12 Integrated Planning notice; and 1 (d) state how the representations may be made; and 2 (e) state where the representations may be made or sent; and 3 (f) state-- 4 (i) a day and time for making the representations; or 5 (ii) a period within which the representations must be made. 6 (2) The day or period stated in the notice must be, or must end, at least 7 20 business days after the notice is given. 8 3--Enforcement notices 9 Division enforcement notice 10 Giving 4.3.11.(1) If an assessing authority reasonably believes a person has 11 committed, or is committing, a development offence, the authority may 12 give a notice (an "enforcement notice") to the person requiring the person 13 to do either or both of the following--89 14 (a) to refrain from committing the offence; or 15 (b) to remedy the commission of the offence in the way stated in the 16 notice. 17 (2) If the assessing authority giving the notice reasonably believes the 18 person has committed, or is committing, the development offence in a local 19 government area and the assessing authority is not the local government, the 20 assessing authority must also give the local government a copy of the 21 notice. 22 affecting giving of enforcement notice 23 Restriction 4.3.12. Subject to section 4.3.8, the assessing authority may give the 24 enforcement notice only if, after considering all representations made by the 25 89 A person who receives an enforcement notice may appeal against the notice under section 4.1.32 (Appeals against enforcement notices).
s 4.3.13 177 s 4.3.14 Integrated Planning person about the show cause notice within the time stated in the notice, the 1 authority still believes it is appropriate to give the enforcement notice. 2 requirements of enforcement notice 3 Specific 4.3.13.(1) Without limiting specific requirements an enforcement notice 4 may impose, a notice may require a person to do any of the following-- 5 (a) to stop carrying out a development; 6 (b) to stop a stated use of a premises; 7 (c) to demolish or remove a work; 8 (d) to restore, as far as practicable, premises to the condition the 9 premises were in immediately before a development was started; 10 (e) to do, or not to do, another act to ensure a development complies 11 with a development approval or a code; 12 (f) to apply for a development permit; 13 (g) if the assessing authority reasonably believes a work is 14 dangerous-- 15 (i) to repair or rectify the work; or 16 (ii) to secure the work (whether by a system of supports or in 17 another way); or 18 (iii) to fence off the work to protect persons. 19 (2) However, a person may be required to demolish or remove a work 20 only if the assessing authority reasonably believes it is not possible and 21 practical to take steps-- 22 (a) to make the work comply with a development approval or a code; 23 or 24 (b) if the work is dangerous--to remove the danger. 25 requirements of enforcement notices 26 General 4.3.14.(1) An enforcement notice must-- 27 (a) be in writing; and 28
s 4.3.15 178 s 4.3.16 Integrated Planning (b) describe the nature of the alleged offence; and 1 (c) inform the person to whom the notice is given of the person's 2 right to appeal against the giving of the notice. 3 (2) If an enforcement notice requires a person to do an act involving the 4 carrying out of work, it also must give details of the work involved. 5 (3) If an enforcement notice requires a person to refrain from doing an 6 act, it also must state either-- 7 (a) a period for which the requirement applies; or 8 (b) that the requirement applies until further notice. 9 (4) If an enforcement notice requires a person to do an act, it also must 10 state a period within which the act is required to be done. 11 (5) If an enforcement notice requires a person to do more than 1 act, it 12 may state different periods within which the acts are required to be done. 13 with enforcement notice 14 Compliance 4.3.15. A person who is given an enforcement notice must comply with 15 the notice. 16 Maximum penalty--1 665 penalty units. 17 application required by enforcement notice 18 Processing 4.3.16. If a person applies for a development permit as required by an 19 enforcement notice, the person-- 20 (a) must not discontinue the application, unless the person has a 21 reasonable excuse; and 22 (b) must take all necessary and reasonable steps to enable the 23 application to be decided as quickly as possible, unless the person 24 discontinues the application with a reasonable excuse. 25 Maximum penalty--1 665 penalty units. 26
s 4.3.17 179 s 4.3.19 Integrated Planning authority may take action 1 Assessing 4.3.17.(1) If a person to whom an enforcement notice is given 2 contravenes the notice by not doing something, the assessing authority (if it 3 is not a local government) may do the thing.90 4 (2) Any reasonable costs or expenses incurred by an assessing authority 5 in doing anything under subsection (1), may be recovered by the authority 6 as a debt owing to it by the person to whom the notice was given. 7 Division 4--Offence proceedings in magistrates court 8 for offences 9 Proceedings 4.3.18.(1) A person may bring a proceeding in a magistrates court on a 10 complaint to prosecute another person for a development offence. 11 (2) The person may bring the proceeding whether or not any right of the 12 person has been, or may be, infringed by, or because of, the commission of 13 the offence. 14 (3) However, for an offence under section 4.3.1, 91 4.3.2 92 or 4.3.393 15 about the Standard Building Law, proceedings may only be brought by an 16 assessing authority. 17 brought in a representative capacity 18 Proceeding 4.3.19.(1) A proceeding under section 4.3.18 may be brought by the 19 person on their own behalf or in a representative capacity. 20 (2) However, if the proceeding is brought in a representative 21 capacity, 1 of the following consents must be obtained-- 22 (a) if the proceeding is brought on behalf of a body of persons or a 23 90 If the assessing authority is a local government it has similar powers under the Local Government Act 1993, section 661 and has powers to recover its costs under sections 662 and 663. 91 Section 4.3.1 (Carrying out assessable development without permit) 92 Section 4.3.2 (Compliance with development approval) 93 Section 4.3.3 (Compliance with identified codes about use of premises)
s 4.3.20 180 s 4.3.20 Integrated Planning corporation--the members of the governing body; or 1 (b) if the proceeding is brought on behalf of an individual--the 2 individual. 3 court may make orders 4 Magistrates 4.3.20.(1) After hearing the complaint, the magistrates court may make 5 an order on the defendant it considers appropriate. 6 (2) The order may be made in addition to, or in substitution for, any 7 penalty the court may otherwise impose. 8 (3) The order may require the defendant-- 9 (a) to stop development or carrying on a use; or 10 (b) to demolish or remove a work; or 11 (c) to restore, as far as practicable, premises to the condition the 12 premises were in immediately before development or use of the 13 premises started; or 14 (d) to do, or not to do, another act to ensure development or use of 15 the premises complies with a development approval or a code; or 16 (e) for development that has started--to apply for a development 17 permit; or 18 (h) if the court believes a work is dangerous-- 19 (i) to repair or rectify the work; or 20 (ii) to secure the work. 21 (4) The order must state the time, or period, within which the order must 22 be complied with. 23 (5) A person who contravenes the order commits an offence against this 24 Act. 25 Maximum penalty--1 665 penalty units or imprisonment for 12 months. 26 (6) If the order states that contravention of the order is a public nuisance, 27 an assessing authority (other than a local government) may undertake any 28
s 4.3.21 181 s 4.3.22 Integrated Planning work necessary to remove the nuisance.94 1 (7) If an assessing authority carries out works under subsection (6), it 2 may recover the reasonable cost of the works as a debt owing to the 3 assessing authority from the person to whom the order was given. 4 involved in bringing proceeding 5 Costs 4.3.21. If the proceeding is brought in a representative capacity, the 6 person on whose behalf the proceeding is brought may contribute to, or 7 pay, the legal costs and expenses incurred by the person bringing the 8 proceeding. 9 5--Enforcement orders of court 10 Division for orders 11 Proceeding 4.3.22.(1) A person may bring a proceeding in the court-- 12 (a) for an order to remedy or restrain the commission of a 13 development offence (an "enforcement order"); or 14 (b) if the person has brought a proceeding under paragraph (a) and 15 the court has not decided the proceeding--for an order under 16 section 4.3.24 (an "interim enforcement order"); or 17 (c) to cancel or change an enforcement order or interim enforcement 18 order. 19 (2) However, if the offence under subsection (1)(a) is an offence under 20 section 4.3.1, 4.3.2 or 4.3.3 about the Standard Building Law, the 21 proceeding may be brought only by the assessing authority having 22 enforcement jurisdiction for the matter. 23 (3) The person may bring a proceeding under subsection (1)(a) whether 24 or not any right of the person has been, or may be, infringed by, or because 25 of, the commission of the offence. 26 94 If the assessing authority is a local government it has similar powers under the Local Government Act 1993, section 661 and has powers to recover its costs under sections 662 and 663.
s 4.3.23 182 s 4.3.26 Integrated Planning brought in a representative capacity 1 Proceeding 4.3.23.(1) A proceeding under section 4.3.22 may be brought by the 2 person on their own behalf or in a representative capacity. 3 (2) However, if the proceeding is brought in a representative capacity, 4 1 of the following consents must be obtained-- 5 (a) if the proceeding is brought on behalf of a body of persons or a 6 corporation--the members of the governing body; or 7 (b) if the proceeding is brought on behalf of an individual--the 8 individual. 9 interim enforcement order 10 Making 4.3.24.(1) The court may make an interim enforcement order pending a 11 decision of the proceeding if the court is satisfied it would be appropriate to 12 make the order. 13 (2) The court may make the order subject to conditions, including a 14 condition requiring the applicant for the order to give an undertaking to pay 15 costs resulting from damage suffered by the respondent if the proceeding is 16 unsuccessful. 17 enforcement order 18 Making 4.3.25.(1) The court may make an enforcement order if the court is 19 satisfied the offence-- 20 (a) has been committed; or 21 (b) will be committed unless restrained. 22 (2) If the court is satisfied the offence has been committed, the court may 23 make an enforcement order whether or not there has been a prosecution for 24 the offence under division 4. 25 of orders 26 Effect 4.3.26.(1) An enforcement order or an interim enforcement order may 27 direct the respondent-- 28 (a) to stop an activity that constitutes, or will constitute, a 29
s 4.3.27 183 s 4.3.27 Integrated Planning development offence; or 1 (b) not to start an activity that will constitute a development offence; 2 or 3 (c) to do anything required to stop committing a development 4 offence; or 5 (d) to do anything about a development or use to comply with this 6 Act. 7 (2) Without limiting the court's powers, the court may make an order 8 requiring the repairing, demolition or removal of a building. 9 (3) An enforcement order or an interim enforcement order-- 10 (a) may be in terms the court considers appropriate to secure 11 compliance with this Act; and 12 (b) must state the time by which the order is to be complied with. 13 powers about orders 14 Court's 4.3.27.(1) The court's power to make an enforcement order or interim 15 enforcement order to stop, or not to start, an activity may be exercised 16 whether or not-- 17 (a) it appears to the court the person against whom the order is made 18 intends to engage, or to continue to engage, in the activity; or 19 (b) the person has previously engaged in an activity of the kind; or 20 (c) there is danger of substantial damage to property or injury to 21 another person if the person engages, or continues to engage, in 22 the activity. 23 (2) The court's power to make an enforcement order or interim 24 enforcement order to do anything may be exercised whether or not-- 25 (a) it appears to the court the person against whom the order is made 26 intends to fail, or to continue to fail, to do the thing; or 27 (b) the person has previously failed to do a thing of the kind; or 28 (c) there is danger of substantial damage to property or injury to 29 another person if the person fails, or continues to fail, to do the 30 thing. 31
s 4.3.28 184 s 4.3.29 Integrated Planning (3) The court may cancel or change an enforcement order or interim 1 enforcement order. 2 (4) The court's power under this section is in addition to its other 3 powers. 4 involved in bringing proceeding 5 Costs 4.3.28. If the proceeding is brought in a representative capacity, the 6 person on whose behalf the proceeding is brought may contribute to, or 7 pay, the legal costs and expenses incurred by the person bringing the 8 proceeding. 9 Division 6--Application of Acts 10 of other Acts 11 Application 4.3.29.(1) This section applies if another Act-- 12 (a) specifies monetary penalties for offences about development 13 greater or less than the penalties specified in this part; or 14 (b) provides that an activity specified in this part as a development 15 offence is not an offence; or 16 (c) contains provisions about the carrying out of development in an 17 emergency; or 18 (d) includes requirements about enforcement notices that are different 19 to the requirements of this part; or 20 (e) includes provisions about the issuing of other notices having the 21 same effect as enforcement notices; or 22 (f) includes requirements about proceedings for the prosecution for 23 development offences or other offences that are different from the 24 requirements of this part; or 25 (g) includes requirements about proceedings for enforcement orders 26 that are different from the requirements of this part. 27 (2) The provisions of the other Act prevail over the provisions of this 28 part to the extent of any inconsistency. 29
s 4.4.1 185 s 4.4.3 Integrated Planning PART 4--LEGAL PROCEEDINGS 1 Division 1--Proceedings 2 for offences 3 Proceedings 4.4.1. A proceeding for an offence against this Act may be instituted in a 4 summary way under the Justices Act 1886. 5 on time for starting proceedings 6 Limitation 4.4.2. A proceeding for an offence against this Act must start-- 7 (a) within 1 year after the commission of the offence; or 8 (b) within 6 months after the offence comes to the complainant's 9 knowledge. 10 officers must ensure corporation complies with Act 11 Executive 4.4.3.(1) The executive officers of a corporation must ensure the 12 corporation complies with this Act. 13 (2) If a corporation commits an offence against a provision of this Act, 14 each of the corporation's executive officers also commits an offence, 15 namely, the offence of failing to ensure the corporation complies with the 16 provision. 17 Maximum penalty for subsection (2)--the penalty for the contravention of 18 the provision by an individual. 19 (3) Evidence that the corporation has been convicted of an offence 20 against a provision of this Act is evidence that each of the executive officers 21 committed the offence of failing to ensure the corporation complies with the 22 provision. 23 (4) However, it is a defence for an executive officer to prove-- 24 (a) if the officer was in a position to influence the conduct of the 25 corporation in relation to the offence--the officer exercised 26 reasonable diligence to ensure the corporation complied with the 27 provision; or 28
s 4.4.4 186 s 4.4.5 Integrated Planning (b) the officer was not in a position to influence the conduct of the 1 corporation in relation to the offence. 2 Division 2--Fines and costs 3 fines payable to local government 4 When 4.4.4.(1) This section applies if-- 5 (a) the assessing authority by which the administration and 6 enforcement of a matter is carried out is a local government; and 7 (b) a proceeding for an offence about the matter is taken by the local 8 government; and 9 (c) a court imposes a fine for the offence. 10 (2) The fine must be paid to the local government. 11 for compensation or remedial action 12 Order 4.4.5.(1) This section applies if-- 13 (a) a person is convicted of a development offence; and 14 (b) the court convicting the person finds that, because of the 15 commission of the offence, another person-- 16 (i) has suffered loss of income; or 17 (ii) has suffered a reduction in the value of, or damage to, 18 property; or 19 (iii) has incurred costs or expenses in replacing or repairing 20 property or in preventing or minimising, or attempting to 21 prevent or minimise, a loss, reduction or damage mentioned 22 in subparagraph (i) or (ii). 23 (2) The court may order the person to do either or both of the 24 following-- 25 (a) pay to the other person an amount of compensation the court 26 considers appropriate for the loss, reduction or damage suffered 27 or costs or expenses incurred; or 28
s 4.4.6 187 s 4.4.8 Integrated Planning (b) take stated remedial action the court considers appropriate. 1 (3) An order under subsection (2) is in addition to the imposition of a 2 penalty and any other order under this Act. 3 (4) This section does not limit the court's powers under the Penalties 4 and Sentences Act 1992 or another law. 5 of costs of investigation 6 Recovery 4.4.6.(1) This section applies if-- 7 (a) a person is convicted of an offence against this Act; and 8 (b) the court convicting the person finds the assessing authority has 9 reasonably incurred costs and expenses in taking a sample or 10 conducting an inspection, test, measurement or analysis during 11 the investigation of the offence; and 12 (c) the assessing authority applies for an order against the person for 13 the payment of the costs and expenses. 14 (2) The court may order the person to pay to the assessing authority the 15 reasonable costs and expenses incurred by the authority if it is satisfied it 16 would be just to make the order in the circumstances of the particular case. 17 (3) This section does not limit the court's powers under the Penalties 18 and Sentences Act 1992 or another law. 19 3--Evidence 20 Division of div 3 21 Application 4.4.7. This division applies to a proceeding under this Act. 22 and authority 23 Appointments 4.4.8. It is not necessary to prove-- 24 (a) the appointment of the chief executive or the chief executive 25 officer (by whatever name called) of an assessing authority; or 26 (b) the authority of the chief executive or the chief executive officer 27
s 4.4.9 188 s 4.4.13 Integrated Planning (by whatever name called) of an assessing authority to do 1 anything under this Act. 2 3 Signatures 4.4.9. A signature purporting to be the signature of the chief executive or 4 the chief executive officer (by whatever name called) of an assessing 5 authority is evidence of the signature it purports to be. 6 coming to complainant's knowledge 7 Matter 4.4.10. In a complaint starting a proceeding, a statement that the matter of 8 the complaint came to the complainant's knowledge on a stated day is 9 evidence of the matter. 10 equipment and installations 11 Instruments, 4.4.11. Any instrument, equipment or installation prescribed under a 12 regulation that is used by an appropriately qualified person in accordance 13 with any conditions prescribed under a regulation is taken to be accurate and 14 precise in the absence of evidence to the contrary. 15 certificate or report 16 Analyst's 4.4.12. A certificate or report purporting to be signed by an appropriately 17 qualified person and stating any of the following matters is evidence of the 18 matter-- 19 (a) the person's qualifications; 20 (b) the person took, or received from a stated person, a stated sample; 21 (c) the person analysed the sample on a stated day, or during a stated 22 period, and at a stated place; 23 (d) the results of the analysis. 24 aids generally 25 Evidentiary 4.4.13. A certificate purporting to be signed by the chief executive officer 26
s 4.4.14 189 s 4.4.14 Integrated Planning (by whatever name called) of an assessing authority stating any of the 1 following matters is evidence of the matter-- 2 (a) a stated document is-- 3 (i) an appointment or a copy of an appointment; or 4 (ii) a direction or decision, or a copy of a direction or decision, 5 given or made under this Act; or 6 (iii) a notice, order or permit, or a copy of a notice, order or 7 permit, given under this Act; 8 (b) on a stated day, or during a stated period, a stated person was or 9 was not the holder of a development permit for stated 10 development; 11 (c) on a stated day, or during a stated period, a development permit-- 12 (i) was or was not in force for a stated person or development; 13 or 14 (ii) was or was not subject to a stated condition; 15 (d) on a stated day, a stated person was given a stated notice or 16 direction under this Act; 17 (e) a stated amount is payable under this Act by a stated person and 18 has not been paid. 19 for acts or omissions of representatives 20 Responsibility 4.4.14.(1) Subsections (2) and (3) apply in a proceeding for an offence 21 against this Act. 22 (2) If it is relevant to prove a person's state of mind about a particular act 23 or omission, it is enough to show-- 24 (a) the act was done or omitted to be done by a representative of the 25 person within the scope of the representative's actual or apparent 26 authority; and 27 (b) the representative had the state of mind. 28 (3) An act done or omitted to be done for a person by a representative of 29 the person within the scope of the representative's actual or apparent 30 authority is taken to have been done or omitted to be done also by the 31
s 5.1.1 190 s 5.1.1 Integrated Planning person, unless the person proves the person could not, by the exercise of 1 reasonable diligence, have prevented the act or omission. 2 (4) In this section-- 3 "representative" means-- 4 (a) of a corporation--an executive officer, employee or agent of the 5 corporation; or 6 (b) of an individual--an employee or agent of the individual. 7 "state of mind" of a person includes-- 8 (a) the person's knowledge, intention, opinion, belief or purpose; and 9 (b) the person's reasons for the intention, opinion, belief or purpose. 10 CHAPTER 5--MISCELLANEOUS 11 ART 1--INFRASTRUCTURE CHARGES 12 P 1--Preliminary 13 Division of "development infrastructure item" 14 Meaning 5.1.1.(1) A "development infrastructure item" is land, capital works 15 or land and capital works for any of the following infrastructure-- 16 (a) urban water cycle management infrastructure (including 17 infrastructure for water supply, sewerage, collecting water, 18 treating water, stream managing, disposing of waters and flood 19 mitigation); 20 (b) transport infrastructure (including roads, vehicle lay-bys, traffic 21 control devices, dedicated public transport corridors, public 22 parking facilities predominantly serving a local area, cycle ways, 23 pathways and ferry terminals); 24 (c) infrastructure for local community purposes. 25
s 5.1.2 191 s 5.1.4 Integrated Planning (2) In subsection (1)-- 1 "capital works", for local community purposes, means works that ensure 2 land is suitable for development for its intended purpose. 3 "roads" does not include State-controlled roads. 4 "urban water cycle management infrastructure" includes rural 5 residential water cycle management infrastructure. 6 of "desired standard of service" 7 Meaning 5.1.2. A "desired standard of service", for a network of development 8 infrastructure items, is the standard of performance stated in an 9 infrastructure charges plan for the network. 10 of "life cycle cost" 11 Meaning 5.1.3. The "life cycle cost", for a network of development infrastructure 12 items, is the amount of the capital cost of the network plus the amount 13 representing the present value of operating and maintenance costs of the 14 network over 30 years, or the longer period decided by the entity preparing 15 the infrastructure charges plan. 16 of "infrastructure charges plan" 17 Meaning 5.1.4.(1) An "infrastructure charges plan" is the part of a planning 18 scheme that-- 19 (a) identifies development infrastructure items making up a network 20 of development infrastructure items; and 21 (b) states the desired standard of service for the network having 22 regard to user benefits and environmental effects of the network; 23 and 24 (c) evaluates alternative ways of funding the items. 25 26 Example for subsection (1)(b)-- 27 For water supply, the desired standard of service may be expressed as the 28 minimum head of pressure available at each domestic or business service point. (2) For development infrastructure items for which an infrastructure 29
s 5.1.5 192 s 5.1.5 Integrated Planning charge is intended, the plan must-- 1 (a) explain why an infrastructure charge is intended for the items; and 2 (b) state the estimated proportion of the capital cost of the items to be 3 funded by the charge; and 4 (c) include a schedule stating the estimated timing for, and estimated 5 capital cost of, the items; and 6 (d) state the method or methods by which the charge must be 7 calculated; and 8 (e) state each area in which the charge applies; and 9 (f) identify each type of lot, work or use, in respect of which, the 10 charge applies; and 11 (g) for each type of lot, work or use in an area stated under 12 paragraph (e)--calculate the rate at which the charge applies using 13 a method stated under paragraph (d); and 14 (h) if the charge is payable by a person other than an applicant for a 15 development approval--state when the charge is payable. 16 (3) The capital cost mentioned in subsection (2)(c) must be calculated so 17 as to minimise the life cycle cost for the desired standard of service for the 18 network. 19 (4) The infrastructure charges plan must be prepared having regard to 20 any guidelines approved by the chief executive for preparing the plan. 21 (5) For an infrastructure charges plan, a planning scheme may also apply 22 to a development infrastructure item even though the item is not within or 23 wholly within a local government's area. 24 2--Charging for development infrastructure items 25 Division infrastructure charges 26 Fixing 5.1.5.(1) If a local government fixes a general charge under the Local 27
s 5.1.6 193 s 5.1.7 Integrated Planning Government Act 1993, section 559(2)95 for the capital cost of a 1 development infrastructure item (an "infrastructure charge") the charge 2 must be fixed only in the way stated in this division. 3 (2) A local government need not, in circumstances it considers 4 appropriate, fix an infrastructure charge in respect of a particular lot, work 5 or use. 6 (3) However, a local government must not fix an infrastructure charge to 7 fund the capital cost of a development infrastructure item servicing a work 8 or use of land authorised under the Mineral Resources Act 1989. 9 charge must be based on plan and other matters 10 Infrastructure 5.1.6.(1) An infrastructure charge must not be fixed for a development 11 infrastructure item unless the item is identified in an infrastructure charges 12 plan. 13 (2) For an item identified in an infrastructure charges plan, an 14 infrastructure charge-- 15 (a) must be fixed in accordance with the plan; and 16 (b) must not be more than the proportion of the cost of the item that 17 reasonably can be apportioned to the premises for which the 18 charge is fixed, taking into account the likely share of the usage of 19 the item for the premises; and 20 (c) may take into account money already spent on supplying an 21 existing development infrastructure item to the premises. 22 (3) Subsection (2)(c) applies only if the money already spent on 23 supplying the existing item has not been recovered or is not intended to be 24 recovered in another way. 25 a charge for an item not included in plan 26 Fixing 5.1.7.(1) Despite section 5.1.6, a local government may fix, but only 27 under this section, an infrastructure charge for a development infrastructure 28 95 Local Government Act 1993, section 559(2) (Power to make and levy rates and charges)
s 5.1.8 194 s 5.1.8 Integrated Planning item not identified in the infrastructure charges plan. 1 (2) The infrastructure charge must only be-- 2 (a) payable by an applicant; and 3 (b) for a development infrastructure item to service development that 4 is-- 5 (i) inconsistent with the planning scheme; or 6 (ii) consistent with the planning scheme, but is urban 7 development (including rural residential development) not in 8 an area identified to accommodate the next 5 years (or other 9 period approved by the Minister) of development in a 10 benchmark development sequence; and 11 (c) calculated-- 12 (i) on the basis of the minimum life cycle cost necessary to 13 achieve the desired standard of service for a similar network 14 of items included in the infrastructure charges plan; and 15 (ii) having regard to any guidelines approved by the chief 16 executive. 17 (3) If an infrastructure charge is fixed under this section, the local 18 government must review and amend its infrastructure charges plan as soon 19 as practicable after the charge is paid to reflect the approved development. 20 of charge 21 Notice 5.1.8. If an infrastructure charge is fixed, the person who is to pay the 22 charge must be given a written notice stating-- 23 (a) the amount of the charge; and 24 (b) the land to which, for the purposes of recovery, the charge 25 applies; and 26 (c) the day by which the charge is payable; and 27 (d) the development infrastructure item for which the charge has been 28 fixed; and 29 (e) the person to whom the charge must be paid. 30
s 5.1.9 195 s 5.1.9 Integrated Planning required if charge is payable by applicant 1 Actions 5.1.9.(1) This section applies if the person to whom a notice under 2 section 5.1.8 is to be given is an applicant under a development application 3 for development resulting in a lot, work or use in respect of which the 4 charge mentioned in the notice applies. 5 (2) If the application was made to a local government, the local 6 government must give the notice under section 5.1.8, within 5 business 7 days after the local government gives the applicant the decision notice about 8 the development, to the applicant. 9 (3) If the application was made to an assessment manager other than a 10 local government, the local government must give the notice under 11 section 5.1.8, within 10 business days after the local government receives a 12 copy of the decision notice from the assessment manager. 13 (4) If the application was made to a private certifier, the local government 14 must give the notice under section 5.1.8, within 10 business days after the 15 day the local government receives a copy of the decision notice from the 16 private certifier. 17 (5) If as a result of a decision of a court on the application, the local 18 government fixes an infrastructure charge, the local government must give 19 the notice under section 5.1.8 within 20 business days after the local 20 government receives a copy of the decision about the appeal. 21 (6) If the assessment manager gives the applicant a negotiated decision 22 notice and the development approved by the negotiated decision notice is 23 different from the development approved in the decision notice in a way that 24 affects the amount of the infrastructure charge, the local government may 25 give the applicant a new notice under section 5.1.8 to replace the original 26 notice. 27 (7) For subsection (6), the new notice must be given-- 28 (a) if the assessment manager is the local government--within 29 5 business days after the negotiated decision notice is given; or 30 (b) if the assessment manager is not the local government--within 31 10 business days after the local government receives a copy of the 32 negotiated decision notice from the assessment manager or 33 private certifier. 34 (8) The local government may, with the written agreement of the 35
s 5.1.10 196 s 5.1.10 Integrated Planning applicant, give a new notice under section 5.1.8 to replace the original 1 notice, if the original notice was in error. 2 (9) If the owner of the land the subject of the application is not the 3 applicant, the owner must also be given a copy of any notice given to the 4 applicant under this section. 5 charge is payable by applicant 6 When 5.1.10.(1) The infrastructure charge is payable-- 7 (a) if the notice of charge states that the development infrastructure 8 item for which the charge is payable is necessary to service the 9 premises for which the approval has been given before the use of 10 the premises starts, but is not yet available to service the 11 premises-- 12 (i) for reconfiguring a lot--before works for the reconfiguration 13 start; and 14 (ii) for building work--before the building work starts; or 15 (b) if paragraph (a) does not apply-- 16 (i) for reconfiguring a lot--before the approval by the local 17 government of the plan of subdivision; and 18 (ii) for building work--before the certificate of classification for 19 the building work is issued. 20 (2) Despite subsection (1), if the infrastructure charge is payable for a 21 material change of use, the charge must be paid before the change. 22 (3) For building work-- 23 (a) if a local government gave the notice under section 5.1.8--the 24 local government need not issue a certificate of classification until 25 the infrastructure charge has been paid; or 26 (b) if a private certifier approved the building work--the private 27 certifier must not issue a certificate of classification until the 28 infrastructure charge has been paid. 29
s 5.1.11 197 s 5.1.12 Integrated Planning development infrastructure item must be supplied 1 When 5.1.11.(1) If the applicant complies with section 5.1.10, the development 2 infrastructure item must be supplied-- 3 (a) if the development infrastructure item for which the charge has 4 been paid is necessary to service the premises for which the 5 approval has been given before the use of the premises starts, but 6 is not yet available to service the premises-- 7 (i) for reconfiguring a lot--before the works for the 8 reconfiguration are complete; and 9 (ii) for building work--before the issue of the certificate of 10 classification for the building; and 11 (iii) for a material change of use--within 60 business days after 12 the start of the use or the change of the use; or 13 (b) if paragraph (a) does not apply--within the time stated in the 14 schedule to the infrastructure charges plan mentioned in 15 section 5.1.4(2)(c). 16 (2) However, if it is not possible to supply the development 17 infrastructure item within the times mentioned in subsection (1), the item 18 must be supplied at the time agreed to in writing by the applicant and the 19 local government. 20 times may be agreed on for paying the charge or supplying 21 Different the development infrastructure item 22 5.1.12. Nothing in sections 5.1.10 and 5.1.11 stops the applicant and the 23 person to whom the charge has been, or is to be, paid from agreeing in 24 writing to-- 25 (a) a different time for paying a charge or paying the charge in 26 instalments; or 27 (b) a different time or times for making a development infrastructure 28 item available to service land other than a time stated in 29 section 5.1.11. 30
s 5.1.13 198 s 5.1.15 Integrated Planning may apply to items outside local government's area 1 Charge 5.1.13. The infrastructure charge applies even if the development 2 infrastructure item servicing the lot, work or use is not within or wholly 3 within the local government area.96 4 Division 3--Miscellaneous 5 charges taken to be a rate 6 Infrastructure 5.1.14.(1) An infrastructure charge fixed by a local government is, for 7 the purposes of recovery, taken to be a rate within the meaning of the Local 8 Government Act 1993. 9 (2) However, if the local government and an applicant enter into a written 10 agreement stating the charge is a debt owing to it by the applicant, 11 subsection (1) does not apply. 12 to paying infrastructure charges 13 Alternatives 5.1.15.(1) A person to whom a notice has been given under section 5.1.8 14 may, instead of paying the infrastructure charge, enter into a written 15 agreement-- 16 (a) to do the work for which the charge was fixed; or 17 (b) if the development infrastructure item is land owned by the 18 applicant--to give the land in fee simple. 19 (2) However, if the development infrastructure item is to be located on 20 land owned by the person, the person-- 21 (a) may carry out the work to the satisfaction of the entity to which 22 the charge would have been paid; but 23 (b) must first give the entity any reasonable security the entity 24 requires, or that may be agreed in writing between the person and 25 the entity to secure performance of the work. 26 (3) For land for local community purposes, the local government may 27 96 See section 5.1.4(5) (Meaning of "infrastructure charges plan").
s 5.1.16 199 s 5.1.18 Integrated Planning give the applicant a notice, in addition to, or instead of, the notice given 1 under section 5.1.8, requiring the applicant to give to the local government, 2 in fee simple, part of the land the subject of the development application. 3 (4) If the applicant is given a notice under subsection (3), the applicant 4 must comply with the notice as soon as practicable. 5 (5) If the applicant is required to give land under subsection (3), or a 6 combination of land under subsection (3) and an infrastructure charge, the 7 total contribution must not be more than an area of land, or an area of land 8 and money, representative of the amount of the charge, if only the charge 9 had been payable. 10 (6) If subsection (1)(b) or (3) applies and the land is to be given to the 11 local government for local community land, the land must be given on trust. 12 notice of proposed sale of certain land held in trust by local 13 Public governments 14 5.1.16.(1) If a local government intends to sell land it obtained under 15 section 5.1.15(5), the local government must advertise its intention to sell 16 by placing a notice of the sale in a newspaper circulating in the local 17 government's area. 18 (2) The notice must contain the following-- 19 (a) a description of the land proposed to be sold; and 20 (b) the purpose for which the land was given on trust; and 21 (c) the reason for proposing to sell the land; and 22 (d) the reasonable time within which submissions must be made. 23 government to consider all submission 24 Local 5.1.17. The local government must consider all submissions in relation 25 to the notice before making a decision about the sale. 26 extinguishes the trust 27 Sale 5.1.18. If a local government complies with sections 5.1.16 and 5.1.17 28 and sells the land, the land is sold free of the trust. 29
s 5.2.1 200 s 5.2.2 Integrated Planning ART 2-- INFRASTRUCTURE AGREEMENTS 1 P of "infrastructure agreement" 2 Meaning 5.2.1. In this part-- 3 "infrastructure agreement" means an agreement, as amended from time 4 to time, mentioned in any of the following sections-- 5 · section 3.5.35;97 6 · section 3.5.36;98 7 · section 5.1.11(2);99 8 · section 5.1.12;100 9 · section 5.1.14(2);101 10 · section 5.1.15(1) and (2);102 11 · section 5.2.2(1).103 12 may be entered into about infrastructure 13 Agreements 5.2.2.(1) A person may enter into a written agreement with a public 14 sector entity about-- 15 (a) funding a development infrastructure item in an infrastructure 16 charges plan other than by an infrastructure charge; or 17 (b) supplying an item to a different standard than the standard stated 18 97 Section 3.5.35 (Limitations on conditions lessening cost impacts for infrastructure) 98 Section 3.5.36 (Matters a condition lessening cost impacts for infrastructure must deal with) 99 Section 5.1.11 (When development infrastructure item must be supplied) 100 Section 5.1.12 (Different times may be agreed on for paying the charge or supplying the infrastructure development item) 101 Section 5.1.14 (Infrastructure charges taken to be a rate) 102 Section 5.1.15 (Alternatives to paying infrastructure charges) 103 Section 5.2.2 (Agreements may be entered into about infrastructure)
s 5.2.3 201 s 5.2.4 Integrated Planning for the item identified in a plan; or 1 (c) supplying an item not identified in a plan; or 2 (d) supplying infrastructure other than development infrastructure for 3 a development proposal. 4 (2) To remove any doubt, it is declared that part 1 and chapter 3, part 5, 5 division 6104 do not stop a person from entering into an agreement under 6 subsection (1) with a public sector entity. 7 certain infrastructure agreements must contain 8 Matters 5.2.3. An infrastructure agreement must-- 9 (a) if obligations under the agreement would be affected by a change 10 in the ownership of the land, the subject of the 11 agreement--include a statement about how the obligations must 12 be fulfilled if there is a change of ownership; and 13 (b) if the fulfilment of obligations under the agreement depends on 14 development entitlements that may be affected by a change to a 15 planning instrument--include a statement about-- 16 (i) the repayment of amounts paid, and reimbursement of 17 amounts expended, under the agreement; and 18 (ii) changing or cancelling the obligations if the development 19 entitlements are changed without the consent of the person 20 who has to fulfil the obligations; and 21 (c) include any other matter prescribed under a regulation. 22 of infrastructure agreements to be given to local government 23 Copy 5.2.4. If a public sector entity other than a local government is a party to 24 an infrastructure agreement, and the local government for the area to which 25 the agreement applies is not a party to the agreement, the public sector entity 26 must give a copy of the agreement to the local government. 27 104 Part 1 (Infrastructure charges) and chapter 3 (Integrated development assessment systems (IDAS)), part 5 (Decision stage), division 6 (Conditions)
s 5.2.5 202 s 5.3.2 Integrated Planning infrastructure agreements bind successors in title 1 When 5.2.5.(1) If an owner of land to which an infrastructure agreement applies 2 is a party to the agreement or consents to the development obligations being 3 attached to the land, the development obligations attach to the land and bind 4 the owner and the owner's successors in title of the land 5 (2) If the owner's consent under subsection (1) is given but is not 6 endorsed on the agreement, the owner must give a copy of the document 7 evidencing the owner's consent to the local government for the land to 8 which the consent applies. 9 (3) In this section-- 10 "development obligations" means the obligations under the infrastructure 11 agreement other than the obligations to be fulfilled by a public sector 12 entity. 13 of discretion unaffected by infrastructure agreements 14 Exercise 5.2.6. An infrastructure agreement is not invalid merely because its 15 fulfilment depends on the exercise of a discretion by a public sector entity 16 about a development application. 17 ART 3--PRIVATE CERTIFICATION 18 P of pt 3 19 Application 5.3.1. This part applies to development under a development application 20 only if the development requires code assessment under this Act. 21 for pt 3 22 Definition 5.3.2. In this part-- 23 "assessment manager", for the application to which this part applies, 24 means the person who would have been the assessment manager if a 25 private certifier had not been engaged under this part. 26
s 5.3.3 203 s 5.3.5 Integrated Planning is a private certifier 1 What 5.3.3.(1) A "private certifier" is an individual who has the 2 qualifications, necessary experience or accreditation prescribed under a 3 regulation for a private certifier for a stated code. 4 (2) A regulation for subsection (1) may-- 5 (a) be made under this or another Act; and 6 (b) prescribe different qualifications, necessary experience or 7 accreditation for different types of development or works. 8 must not be inconsistent with earlier approval 9 Application 5.3.4. If the application the private certifier is assessing relates to an 10 earlier development approval that has not lapsed and was given by the 11 assessment manager, the application must be not be inconsistent with the 12 earlier approval. 13 certifier may decide certain development applications and 14 Private inspect and certify certain works 15 5.3.5.(1) A private certifier may, for the types of development or works 16 for which the private certifier is qualified, has the necessary experience or is 17 accredited, do either or both of the following-- 18 (a) receive, assess and decide the application as if the private certifier 19 were the assessment manager; 20 (b) inspect and certify that the work complies with the development 21 permit authorising the work, any conditions of the permit and the 22 code against which the work must be assessed. 23 (2) The private certifier must, when issuing the decision notice, include in 24 the notice details of any other code the applicant may need to comply with 25 in relation to the work to which the application relates. 26 (3) However, the private certifier must not decide the application until all 27 other assessments for the application (other than assessments against the 28 Standard Sewerage Law or Standard Water Supply Law) are completed. 29 (4) If the private certifier receives the application before all other 30 assessments are completed-- 31
s 5.3.6 204 s 5.3.7 Integrated Planning (a) the certifier may start processing the application; and 1 (b) for timings under IDAS, the application is taken not to have been 2 received until the day all other assessments are completed. 3 (5) For chapter 4, part 3, divisions 2 and 3,105 a private certifier is taken 4 to be an assessing authority in relation to the types of development or works 5 for which the private certifier-- 6 (a) is qualified, has the necessary experience or is accredited; and 7 (b) has been engaged to perform the functions of a private certifier 8 under this part. 9 (6) If the private certifier approves the application, the private certifier 10 must, within 5 business days after approving the application, give a copy of 11 the decision notice or the negotiated decision notice, to the assessment 12 manager. 13 (7) If the private certifier inspects and certifies the works, the private 14 certifier must, within 5 business days after approving the application, give a 15 copy of the certification, to the assessment manager. 16 (8) In this section-- 17 "other assessments", for development, means assessment functions 18 outside the private certifier's powers. 19 government may undertake private certification outside its area 20 Local 5.3.6.(1) A local government may be a private certifier anywhere in the 21 State outside its local government area. 22 (2) Subsection (1) applies only if the certification work is undertaken by 23 an employee of the local government who is a private certifier. 24 other than local governments may undertake private 25 Persons certification anywhere 26 5.3.7.(1) A person (other than a local government) may be a private 27 105 Chapter 4 (Appeals, offences and enforcement), part 3 (Development offences, notices and orders), divisions 2 (Show cause notices) and 3 (Enforcement notices)
s 5.3.8 205 s 5.3.9 Integrated Planning certifier anywhere in the State. 1 (2) Subsection (1) applies only if the certification work is undertaken by 2 an individual who is a private certifier or an employee (who is a private 3 certifier) of the person. 4 certifiers must act in the public interest 5 Private 5.3.8.(1) A private certifier must act always in the public interest when 6 performing the functions of a private certifier. 7 (2) In particular, a private certifier must not do any of the following-- 8 (a) seek, accept or agree to accept a benefit (whether for the private 9 certifier's benefit or another person) as a reward or inducement to 10 act other than under this Act; or 11 (b) act in a way contrary to a duty under this Act; or 12 (c) falsely claim that the private certifier has the qualifications, 13 necessary experience or accreditation to be engaged as a private 14 certifier; or 15 (d) act outside the scope of the private certifier's powers; or 16 (e) contravene a code of conduct published by an accrediting body; or 17 (f) act in a way, in relation to the certifier's practice, that is grossly 18 negligent or grossly incompetent. 19 Maximum penalty--1 665 penalty units. 20 private certifiers 21 Engaging 5.3.9.(1) If a private certifier is engaged-- 22 (a) the engagement must be in writing and must state the certification 23 fee; and 24 (b) the certifier must be paid the fee agreed to, even if the certifier 25 does not approve the application or certify works because of 26 non-compliance with any applicable codes or other valid reason 27 for refusing approval or certification. 28 (2) If an applicant engages a private certifier, the private certifier must 29
s 5.3.10 206 s 5.3.13 Integrated Planning give the assessment manager, written notice of the engagement within 1 5 business days after the engagement. 2 certifiers may not be engaged if there is a conflict of interest 3 Private 5.3.10. A private certifier must not accept engagement as a private 4 certifier for a development if the person has a conflict of interest prescribed 5 under a regulation under this or another Act. 6 engagement of private certifiers 7 Discontinuing 5.3.11.(1) This section applies if the engagement of a private certifier is 8 discontinued for any reason, including the resignation, disqualification, 9 bankruptcy or death of the private certifier. 10 (2) The applicant must give the assessment manager written notice of the 11 discontinuance within 5 business days after the discontinuance. 12 (3) The engagement is taken not to have been discontinued until the 13 applicant has given the notice discontinuing the engagement. 14 replacement private certifier for application 15 Engaging 5.3.12.(1) If the private certifier was engaged for assessing the 16 application and the application has not yet been decided and the applicant 17 intends to proceed with the application, the applicant may-- 18 (a) engage a different private certifier (the "replacement private 19 certifier") for the development; or 20 (b) make the application to the assessment manager. 21 (2) In assessing the application, the replacement private certifier or 22 assessment manager may start the application process at any stage of IDAS 23 the replacement private certifier or assessment manager considers 24 appropriate to enable the replacement private certifier or assessment 25 manager to make the appropriate decision on the application. 26 replacement private certifier to inspect work 27 Engaging 5.3.13.(1) If the private certifier was engaged to inspect and certify work 28
s 5.3.14 207 s 5.3.14 Integrated Planning authorised by a development permit and the work has started, the work 1 must not continue past the next notifiable inspection (if any) unless-- 2 (a) if a replacement private certifier is engaged to inspect and certify 3 the work--the replacement private certifier certifies the work; or 4 (b) if a replacement private certifier has not been engaged under 5 paragraph (a)--the local government certifies the work. 6 (2) In subsection (1)-- 7 "next notifiable inspection" means the next inspection of the work 8 authorised by a development permit for which an inspector has to be 9 notified under a planning scheme or this or any other Act. 10 or an accrediting body may disqualify a private certifier 11 Minister 5.3.14.(1) The Minister or an accrediting body, by gazette notice, may 12 disqualify a person from being a private certifier if the Minister or the 13 accrediting body is satisfied the person has-- 14 (a) sought, accepted or agreed to accept a benefit (whether for the 15 person's benefit or another person) as a reward or inducement to 16 act other than under this Act; or 17 (b) acted in a way contrary to a duty under this Act; or 18 (c) falsely claimed that the person has the qualifications, necessary 19 experience or accreditation to be engaged as a private certifier; or 20 (d) acted outside the scope of a private certifier's powers; or 21 (e) contravened a code of conduct published by an accrediting body; 22 or 23 (f) acted in a way, in relation to the certifier's practice, that is grossly 24 negligent or grossly incompetent. 25 (2) The Minister or accrediting body must also give the person written 26 notice of the disqualification.106 27 106 A private certifier who is given a notice of disqualification may appeal against the disqualification under section 4.1.36 (Appeals against disqualification as a private certifier).
s 5.3.15 208 s 5.3.17 Integrated Planning of transfer of functions to local government or replacement 1 Effect private certifier 2 5.3.15.(1) This section applies if, for work authorised by a development 3 permit, the engagement of a private certifier is discontinued and-- 4 (a) a replacement private certifier is engaged to inspect and certify the 5 work; or 6 (b) if a replacement private certifier has not been engaged under 7 paragraph (a)--the local government must inspect and certify the 8 work. 9 (2) The replacement private certifier or local government is not liable for 10 work carried out by the private certifier. 11 insurance and performance bonds 12 Liability 5.3.16.(1) A regulation under this or another Act may state the type and 13 minimum limits of liability insurance, performance bond or similar type of 14 security a private certifier must have or give in relation to a development 15 application or work authorised by a development permit. 16 (2) A person must not act as a private certifier unless the person has the 17 insurance or has given the bond or security required under subsection (1). 18 Maximum penalty for subsection (2)--1 665 penalty units. 19 to be kept by private certifiers 20 Documents 5.3.17. A regulation under this or another Act may prescribe the 21 documents a private certifier must keep for audit purposes and the time for 22 which the documents must be kept. 23
s 5.4.1 209 s 5.4.2 Integrated Planning ART 4--COMPENSATION 1 P for pt 4 2 Definition 5.4.1. In this part-- 3 "change", for an interest in land, means a change to the planning scheme or 4 any planning scheme policy affecting the land. 5 "owner", of an interest in land, means an owner of the interest at the time a 6 change to a planning scheme is made. 7 for reduced value of interest in land 8 Compensation 5.4.2. An owner of an interest in land is entitled to be paid reasonable 9 compensation by a local government if-- 10 (a) a change reduces the value of the interest; and 11 (b) the owner has made a transitional development application in 12 relation to the interest and-- 13 (i) has been given an acknowledgment notice under 14 section 3.2.5.(1)(b)107 stating the applicant must apply for a 15 development permit for the development; or 16 (ii) has been given an acknowledgment notice under 17 section 3.2.5.(3)(b) stating the application will be assessed 18 under the existing planning scheme; and 19 (c) the application is assessed having regard to the planning scheme 20 and planning scheme policies in effect when the application was 21 made; and 22 (d) the assessment manager, or, on appeal, the court-- 23 (i) refuses the application; or 24 (ii) approves the application in part or subject to conditions or 25 both in part and subject to conditions. 26 107 Section 3.2.5 (Acknowledgment notices for applications under superseded planning schemes)
s 5.4.3 210 s 5.4.4 Integrated Planning for interest in land being changed to public purpose 1 Compensation 5.4.3. An owner of an interest in land is entitled to be paid reasonable 2 compensation by a local government if because of a change, the only 3 purpose for which the land could be used (other than the purpose for which 4 it was lawfully being used when the change was made) is for a public 5 purpose. 6 on compensation under ss 5.4.2 and 5.4.3 7 Limitations 5.4.4.(1) Despite sections 5.4.2 and 5.4.3, compensation is not payable if 8 the change-- 9 (a) has the same effect as another statutory instrument, in respect of 10 which compensation is not payable; or 11 (b) is about a type of development that, before the coming into effect 12 of this Act, would normally have been dealt with under a local 13 law, including, for example, the filling or drainage of land; or 14 (c) is about the relationships between, the location of, or the physical 15 characteristics of buildings, works or lots, but the yield achievable 16 is substantially the same as it would have been before the change; 17 or 18 (d) is about a designation made under chapter 2, part 6;108 or 19 (e) is about the timing of development in a benchmark development 20 sequence; or 21 (f) is about the matters identified in section 5.1.4(2) for an 22 infrastructure charges plan; or 23 (g) removes or changes an item of infrastructure shown in the 24 scheme; or 25 (h) affects development that, had it happened under the superseded 26 planning scheme-- 27 (i) would have led to significant risk to persons or property 28 from natural processes (including flooding, land slippage or 29 erosion) and the risk could not have been reduced by 30 108 Chapter 2 (Planning), part 6 (Designation of land for community infrastructure)
s 5.4.4 211 s 5.4.4 Integrated Planning conditions attached to a development approval; or 1 (ii) would have caused serious environmental harm, as defined 2 in the Environmental Protection Act 1994, section 17,109 3 and the harm could not have been reduced by conditions 4 attached to a development approval. 5 (2) For subsection (1)(c), yield for residential building work is 6 substantially the same if-- 7 (a) the proposed residential building has a gross floor area of not 8 more than 2 000m2; and 9 (b) the gross floor area of the proposed residential building is reduced 10 by not more than 15%. 11 (3) Also, compensation is not payable-- 12 (a) for a matter under this part if compensation has already been paid 13 for the matter to a previous owner of the interest in land; or 14 (b) for anything done in contravention of this Act; or 15 (c) if infrastructure shown in a planning scheme is not supplied, or 16 supplied to a different standard, or supplied at a different time 17 than the time stated in the planning scheme. 18 (4) If a matter for which compensation is payable under this part is also a 19 matter for which compensation is payable under another Act, the claim for 20 the compensation must be made under the other Act. 21 (5) In this section-- 22 "gross floor area" means the sum of the floor areas (inclusive of all walls, 23 columns and balconies, whether roofed or not) of all stories of every 24 building located on a site, excluding the areas (if any) used for building 25 services, a ground floor public lobby, a public mall in a shopping 26 centre, and areas associated with the parking, loading and manoeuvring 27 of motor vehicles. 28 "yield" means-- 29 (a) for buildings and works--the gross floor area, or density of 30 109 Environmental Protection Act 1994, section 17 (Serious environmental harm)
s 5.4.5 212 s 5.4.7 Integrated Planning buildings or persons, or plot ratio, achievable for premises; and 1 (b) for reconfiguration--the number of lots in a given area of land. 2 for erronous planning and development certificates 3 Compensation 5.4.5. If a person suffers financial loss because of an error or omission in 4 a planning and development certificate, the person is entitled to be paid 5 reasonable compensation by the local government. 6 limits for claiming compensation 7 Time 5.4.6. A claim for compensation under this part must be given to the 8 local government-- 9 (a) if the entitlement to claim the compensation is under 10 section 5.4.2--within 6 months after the day the application 11 mentioned in section 5.4.2(b) is refused or approved in part, or 12 subject to conditions or approved both in part and subject to 13 conditions; or 14 (b) if the entitlement to claim the compensation is under 15 section 5.4.3--within 2 years after the day the change came into 16 effect; or 17 (c) if the entitlement to claim the compensation is under 18 section 5.4.5--at any time after the day the certificate is given. 19 limits for deciding and advising on claims 20 Time 5.4.7.(1) The local government must decide each claim for compensation 21 within 60 business days after the day the claim is made. 22 (2) The chief executive officer of the local government must, within 23 10 business days after the day the claim is decided-- 24 (a) give the claimant written notice of the decision; and 25 (b) if the decision is to pay compensation--notify the amount of the 26 compensation to be paid; and 27 (c) advise the claimant that the decision, including any amount of 28 compensation payable, may be appealed. 29
s 5.4.8 213 s 5.4.9 Integrated Planning claims for compensation 1 Deciding 5.4.8.(1) In deciding a claim for compensation under this part, the local 2 government must-- 3 (a) grant all of the claim; or 4 (b) grant part of the claim and reject the rest of the claim; or 5 (c) refuse all of the claim. 6 (2) However, if the entitlement to claim the compensation is under 7 section 5.4.3, the local government may decide the claim by-- 8 (a) giving a notice of intention to resume the interest in the land under 9 the Acquisition of Land Act 1967, section 7;110 or 10 (b) in addition to making a decision under subsection (1)(b) 11 or (c)--decide to amend the planning scheme so that use of the 12 land for the purposes the land could have been used for under the 13 superseded planning scheme would be consistent with the new or 14 amended planning scheme or planning scheme policy. 15 reasonable compensation involving changes 16 Calculating 5.4.9.(1) For compensation payable because of a change, reasonable 17 compensation is the difference between the market values, appropriately 18 adjusted having regard to the following matters, to the extent they are 19 relevant-- 20 (a) any limitations or conditions that may reasonably have applied to 21 the development of the land if the land had been developed under 22 the superseded planning scheme; 23 (b) any benefit accruing to the land from the change, including but 24 not limited to the likelihood of improved amenity in the locality of 25 the land; 26 (c) if the owner owns land adjacent to the interest in land, any benefit 27 accruing to the adjacent land because of-- 28 (i) the coming into effect of the change or any other change 29 made before the claim for compensation was made; or 30 110 Acquisition of Land Act 1967, section 7 (Notice of intention to take land)
s 5.4.10 214 s 5.4.11 Integrated Planning (ii) the construction of, or improvement to, infrastructure on the 1 adjacent land under the planning scheme or planning scheme 2 policy (other than infrastructure funded by the owner) before 3 the claim for compensation was made; 4 (d) the effect of any other changes to the planning scheme or 5 planning scheme policy made since the change, but before the 6 transitional development application was made; 7 (e) if the application was a transitional development application that is 8 approved in part or subject to conditions--the effect of the 9 approval on the value of the land. 10 (2) Despite subsection (1), if the land in respect of which compensation 11 is claimed has, since the day of the change, become or ceased to be separate 12 from other land, the amount of reasonable compensation must not be 13 increased because the land has become, or ceased to be, separate from other 14 land. 15 (3) In this section-- 16 "difference between the market values" is the difference between the 17 market value of the interest in land immediately before the change 18 came into effect and the market value of the interest immediately after 19 the change came into effect. 20 compensation is payable 21 When 5.4.10. If compensation is payable under this part, the compensation 22 must be paid within 30 business days after the last day an appeal could be 23 made against the local government's decision about the payment of 24 compensation, or if an appeal is made, within 30 business days after the day 25 the appeal is decided. 26 of compensation to be recorded on title 27 Payment 5.4.11.(1) The chief executive officer of the local government must give 28 the registrar of titles written notice of the payment of compensation under 29 section 5.4.2.111 30 111 Section 5.4.2 (Compensation for reduced value of interest in land)
s 5.5.1 215 s 5.5.1 Integrated Planning (2) The notice must be in the form approved by the registrar. 1 (3) The registrar must keep the information stated in the notice as 2 information under the Land Title Act 1994, section 34.112 3 ART 5--POWER TO PURCHASE, TAKE OR ENTER 4 P LAND FOR PLANNING PURPOSES 5 government may take or purchase land 6 Local 5.5.1.(1) This section applies if-- 7 (a) a local government is satisfied that the taking of land would help 8 to achieve the desired environmental outcomes stated in its 9 planning scheme; or 10 (b) at any time after a decision notice has been given for a 11 development application, the local government is satisfied-- 12 (i) the development would create a need to construct 13 infrastructure on the land or carry drainage over the land; and 14 (ii) the applicant has taken reasonable measures to obtain the 15 agreement of the owner of the land to actions that would 16 facilitate the construction of the infrastructure or the carriage 17 of the drainage, but has not been able to obtain such an 18 agreement; and 19 (iii) the action is necessary to allow the development to proceed. 20 (2) If the local government satisfies itself of a matter in subsection (1) 21 and the Governor in Council approves of the taking of the land, the local 22 government is taken to be a constructing authority under the Acquisition of 23 Land Act 1967 and under that Act may take land. 24 (3) If the local government satisfies itself of the matters in 25 subsection (1)(b), it is immaterial that the applicant may also derive any 26 112 Land Title Act 1994, section 34 (Other information not part of the freehold land register).
s 5.5.2 216 s 5.5.3 Integrated Planning measurable benefit from the resumption action. 1 (4) To avoid any doubt, it is declared that the local government's power 2 under this section to purchase or take land as a constructing authority under 3 the Acquisition of Land Act 1967 includes the ability to purchase or take an 4 easement under section 6 of that Act.113 5 manager's power to enter land in certain circumstances 6 Assessment 5.5.2. An assessment manager or its agent may enter land at all 7 reasonable times to undertake works if the assessment manager is satisfied 8 that-- 9 (a) implementing a development approval would require the 10 undertaking of works on land other than the land the subject of 11 the application; and 12 (b) the applicant has taken reasonable steps to obtain the agreement of 13 the owner of the land to enable the works to proceed, but has not 14 been able to obtain such an agreement; and 15 (c) the action is necessary to implement the development approval. 16 for loss or damage. 17 Compensation 5.5.3.(1) Any person who incurs loss or damage because of the exercise 18 by an assessment manager of powers under section 5.5.2 is entitled to be 19 paid reasonable compensation by the assessment manager. 20 (2) A claim for the compensation must be made-- 21 (a) to the assessment manager in the approved form; and 22 (b) within 2 years after the entitlement to compensation arose. 23 (3) The assessment manager must decide the claim within 40 business 24 days after the claim is made.114 25 (4) If the assessment manager decides to pay compensation, the payment 26 113 Acquisition of Land Act 1967, section 6 (Easements) 114 A person may appeal the decision under section 4.1.34 (Appeals against decisions on compensation claims).
s 5.6.1 217 s 5.6.4 Integrated Planning must be made within 10 business days after making the decision. 1 (5) The assessment manager may recover from the applicant the amount 2 of any compensation for loss or damage paid under this part that is not 3 attributable to the assessment manager's negligence. 4 PART 6--PUBLIC HOUSING 5 of pt 6 6 Application 5.6.1. This part applies to development carried out-- 7 (a) by the commission; or 8 (b) on behalf of the commission (other than when the commission is 9 acting as a joint venturer). 10 for pt 6 11 Definition 5.6.2. In this part-- 12 "commission" means the Queensland Housing Commission. 115 13 "Minister" means the Minister responsible for administering the State 14 Housing Act 1945. 15 IDAS applies to development by commission 16 How 5.6.3. Development to which this part applies is, to the extent the 17 development is self-assessable development or assessable development 18 under a planning scheme, exempt development. 19 must publicly notify certain proposed development 20 Commission 5.6.4.(1) This section applies if the commission proposes development 21 115 See the State Housing Act 1945, section 9 (Constitution of Queensland Housing Commission).
s 5.6.5 218 s 5.6.5 Integrated Planning to which the notification stage would apply if an individual made a 1 development application for the development. 2 (2) Before starting the development, the commission must-- 3 (a) give the local government information (including the plans or 4 specifications) about the proposed development; and 5 (b) publicly notify the proposed development. 6 (3) The public notification must be carried out in the same way public 7 notification of a development application mentioned in subsection (1) is 8 carried out. 9 (4) However, despite subsection (2)-- 10 (a) a notice that, if given by an applicant, would refer to the 11 assessment manager must, if given under this part, refer to the 12 commission; and 13 (b) the commission need not give the local government written notice 14 stating that the commission has complied with the requirements 15 of this section. 16 (5) The Minister must have regard to any submissions received 17 following the public notification before deciding whether to approve the 18 proposed development under the State Housing Act 1945, section 22.116 19 must advise local government about all development 20 Commission 5.6.5.(1) This section applies if the commission proposes development 21 to which section 5.6.4 does not apply. 22 (2) Before starting the development, the commission must give the local 23 government information (including the plans or specifications) about the 24 proposed development. 25 116 State Housing Act 1945, section 22 (Special powers of commission)
s 5.7.1 219 s 5.7.1 Integrated Planning PART 7--PUBLIC ACCESS TO PLANNING AND 1 DEVELOPMENT INFORMATION 2 1--Preliminary 3 Division of "available for inspection and purchase" 4 Meaning 5.7.1.(1) A document mentioned in this Act as being available for 5 inspection and purchase is "available for inspection and purchase" if the 6 document, or a certified copy of the document is-- 7 (a) for a document held by a local government--held in the local 8 government's office and any other place decided by the local 9 government; and 10 (b) for a document held by an assessment manager--held in the 11 assessment manager's office and any other place decided by the 12 assessment manager; and 13 (c) for a document held by a concurrence agency--held in the 14 concurrence agency's office and any other place decided by the 15 concurrence agency; and 16 (d) for a document held by the department--held in the department's 17 State office and any other place the chief executive approves; and 18 (e) for a document held by the Minister--held in the department's 19 State office and any other place the chief executive approves. 20 (2) If a document is available for inspection and purchase, a person 21 may-- 22 (a) inspect the document free of charge at any time the office in 23 which the document is held is open for business; and 24 (b) obtain a copy of the document, or part of the document, from the 25 entity required to keep the document available for inspection.117 26 (3) An entity required to keep a document available for inspection and 27 purchase may charge a person for supplying a copy of the document, or 28 117 The Commonwealth Copyright Act 1968 overrides this Act and may limit the copying of material subject to copyright.
s 5.7.2 220 s 5.7.2 Integrated Planning part of the document. 1 (4) The charge must not be more than the cost to the entity of-- 2 (a) making the copy available to the person; and 3 (b) if the person asks for the material to be posted--the postage. 4 Division 2--Documents available for inspection and purchase or 5 inspection only 6 local government must keep available for inspection and 7 Documents purchase 8 5.7.2. A local government must keep available for inspection and 9 purchase the original or a certified copy of each of the following-- 10 (a) its current planning scheme (including a consolidated planning 11 scheme); 12 (b) each amendment of the planning scheme; 13 (c) any proposed amendment of the planning scheme the local 14 government has decided to proceed with making under 15 schedule 1, section 16,118 but has not been made; 16 (d) any current temporary local planning instrument for its area; 17 (e) each current planning scheme policy for its area; 18 (f) each superseded local planning instrument for its area; 19 (g) each report prepared by the local government stating the reasons 20 why the local government decided to take no further action about 21 its planning scheme; 22 (h) each study, report or explanatory statement prepared in relation to 23 the preparation of a local planning instrument for its area; 24 (i) each current State planning policy applying to its area; 25 (j) any terms of reference for a regional planning advisory 26 118 Schedule 1 (Process for preparing, adopting or amending planning schemes), section 16 (Decision on proceeding with proposed planning scheme)
s 5.7.3 221 s 5.7.4 Integrated Planning committee of which the local government is a member, or on 1 which the local government has elected not to be represented; 2 (k) each report of a regional planning advisory committee given to 3 the local government since the planning scheme immediately 4 preceding its current planning scheme was made; 5 (l) any written direction of the Minister given to the local 6 government to-- 7 (i) make or amend a planning scheme; and 8 (ii) make or repeal a temporary local planning instrument; and 9 (iii) make, amend or repeal a planning scheme policy; 10 (m) each report of an independent reviewer given to the local 11 government about its planning scheme; 12 (n) each notice about the designation of land given to the local 13 government by a Minister; 14 (o) each infrastructure agreement to which the local government is a 15 party, or has been given to the local government under part 2;119 16 (p) each show cause notice and enforcement notice given by the local 17 government; 18 (q) each enforcement order made by the court on the application of 19 the local government. 20 local government must keep available for inspection only 21 Documents 5.7.3. A local government must keep available for inspection only an 22 official copy of this Act and every regulation made under this Act and still 23 in force. 24 assessment manager must keep available for inspection 25 Documents and purchase 26 5.7.4. An assessment manager must keep available for inspection and 27 purchase the original or a certified copy of each of the following-- 28 119 Part 2 (Infrastructure agreements)
s 5.7.5 222 s 5.7.5 Integrated Planning (a) each decision notice and negotiated decision notice given by the 1 assessment manager; 2 (b) each written notice given to the assessment manager by the 3 Minister calling in a development application; 4 (c) each direction given by the Minister directing the assessment 5 manager to attach conditions to a development approval; 6 (d) each agreement to which the assessment manager or a 7 concurrence agency is a party about a condition of a development 8 approval; 9 (o) each show cause notice and enforcement notice given by the 10 assessment manager as an assessing authority; 11 (p) each enforcement order made by the court on the application of 12 the assessment manager as an assessing authority. 13 assessment manager must keep available for inspection 14 Documents only 15 5.7.5.(1) An assessment manager must keep available for inspection 16 only-- 17 (a) an official copy of this Act and every regulation made under this 18 Act and still in force; and 19 (b) a register of all development applications made to the assessment 20 manager. 21 (2) Subsection (1)(b) does not apply for a development application until 22 the decision notice for the application has been given or the application 23 lapses or is withdrawn.120 24 (3) The register must include, for each development application-- 25 (a) a property description that identifies the premises or the location 26 of the premises to which the application related; and 27 (b) the type of development applied for; and 28 120 However, under section 3.2.8 (Public scrutiny of applications) a copy of the application and any supporting material may be obtained or inspected from the time the assessment manager gives the acknowledgment notice to the applicant.
s 5.7.6 223 s 5.7.6 Integrated Planning (c) the names of any referral agencies; and 1 (d) whether the application was withdrawn, lapsed or decided; and 2 (e) if the application was decided-- 3 (i) the day the decision was made; and 4 (ii) whether the application was approved, approved subject to 5 conditions or refused; and 6 (iii) for an application approved subject to conditions--whether 7 any of the conditions included the conditions of a 8 concurrence agency, and if so, the name of the concurrence 9 agency; and 10 (iv) whether a negotiated decision notice also was given for the 11 application; and 12 (v) for an application that was approved--whether there has 13 subsequently been a minor change to the approval. 14 (f) if there was an appeal about the decision--whether the decision 15 was changed because of the outcome of the appeal. 16 department must keep available for inspection and 17 Documents purchase 18 5.7.6. The department must keep available for inspection and purchase 19 the original or a certified copy of each of the following-- 20 (a) all current local government planning schemes (including all 21 consolidated planning schemes); 22 (b) all amendments of the planning schemes; 23 (c) all current local government planning scheme policies; 24 (d) any current temporary local planning instrument; 25 (e) all current State planning policies; 26 (f) all explanatory statements about current State planning policies; 27 (g) any terms of reference for all regional planning advisory 28 committees; 29 (h) all reports of regional planning advisory committees; 30
s 5.7.7 224 s 5.7.9 Integrated Planning (i) any written direction of the Minister given to a local government 1 to-- 2 (i) make or amend a planning scheme; and 3 (ii) make or repeal a temporary local planning instrument; and 4 (iii) make, amend or repeal a planning scheme policy; and 5 (j) all reports of independent reviewers given to the Minister about 6 current planning schemes; 7 (k) each notice given by the Minister directing the assessment 8 manager to attach conditions to a development approval; 9 (l) each notice given by the Minister calling in a development 10 application. 11 department must keep available for inspection only 12 Documents 5.7.7. The department must keep available for inspection only an official 13 copy of this Act and every regulation made under this Act and still in force. 14 3--Planning and development certificates 15 Division for planning and development certificate 16 Application 5.7.8.(1) A person may apply to a local government for a limited, 17 standard or full planning and development certificate for a premises. 18 (2) The application must be accompanied by the fee set by resolution of 19 the local government for the certificate. 20 planning and development certificates 21 Limited 5.7.9. A limited planning and development certificate must contain the 22 following information for premises-- 23 (a) a description of any planning scheme provisions applying 24 specifically to the premises; 25 (b) a description of any designations applying to the premises; 26
s 5.7.10 225 s 5.7.11 Integrated Planning (c) a statement of the amount of any infrastructure charge for the 1 premises that has not been paid. 2 planning and development certificates 3 Standard 5.7.10. A standard planning and development certificate, in addition to 4 the information contained in a limited planning and development certificate, 5 must contain or be accompanied by the following information for 6 premises-- 7 (a) a copy of every decision notice or negotiated decision notice for a 8 development approval that has not lapsed; 9 (b) details of any minor changes to the development approval; 10 (c) a copy of any judgement or order of the court about the 11 development approval; 12 (d) a copy of any agreement to which the local government or a 13 concurrence agency is a party about a condition of the 14 development approval; 15 (e) a copy of any infrastructure agreement applying to the premises 16 to which the local government is a party; 17 (f) a description of each proposed amendment of a planning scheme 18 the local government has decided to proceed with under 19 schedule 1, section 16,121 but has not been adopted. 20 planning and development certificates 21 Full 5.7.11.(1) A full planning and development certificate, in addition to the 22 information contained in a limited and standard planning and development 23 certificate, must contain or be accompanied by the following information 24 for premises-- 25 (a) if there is currently in force for the premises a development 26 approval containing conditions (including conditions about the 27 carrying out of works or the payment of money, other than under 28 121 Schedule 1 (Process for preparing, adopting or amending planning scheme), section 16 (Decision on proceeding with proposed planning scheme)
s 5.7.12 226 s 5.7.12 Integrated Planning an infrastructure agreement)--a statement about the fulfilment or 1 non-fulfilment of each condition, at a stated day after the day the 2 certificate was applied for; 3 (b) if there is an infrastructure agreement to which the local 4 government is a party-- 5 (i) if there are obligations under the agreement that have not 6 been fulfilled--details of the nature and extent of the 7 obligations not fulfilled; and 8 (ii) details of the giving of any security and whether any 9 payment required to be made under the security has been 10 made; 11 (c) advice of-- 12 (i) any prosecution for a development offence in relation to the 13 premises of which the local government is aware; or 14 (ii) proceedings for a prosecution for a development offence in 15 relation to the premises of which the local government is 16 aware. 17 (2) However, the applicant may request that a full certificate be given 18 without the information normally contained in a limited and standard 19 certificate. 20 (3) If a condition under subsection (1)(a) relates to the ongoing operating 21 requirements of the use of premises, the statement need not make reference 22 to the fulfilment or non-fulfilment of the conditions other than under 23 subsection (1)(c). 24 within which planning and development certificate must be 25 Time given 26 5.7.12. A local government must give a planning and development 27 certificate to an applicant within-- 28 (a) if the certificate is a limited certificate--5 business days after the 29 day the certificate was applied for; or 30 (b) if the certificate is a standard certificate--10 business days after 31 the day the certificate was applied for; or 32
s 5.7.13 227 s 5.8.3 Integrated Planning (c) if the certificate is a full certificate--30 business days after the day 1 the certificate was applied for. 2 of planning and development certificate 3 Effect 5.7.13. In a proceeding, a planning and development certificate is 4 evidence of the information contained in the certificate. 5 PART 8--GENERAL 6 forms 7 Approved 5.8.1. The chief executive may approve forms for use under this Act. 8 making power 9 Regulation 5.8.2.(1) The Governor in Council may make regulations under this Act. 10 (2) Without limiting subsection (1), a regulation may-- 11 (a) set fees payable under this Act; and 12 (b) create offences against the regulation and fix a maximum penalty 13 of a fine of 165 penalty units for an offence against the regulation. 14 of State Development and Public Works Organization 15 Application Act 1971, s 29 16 5.8.3. Nothing in this Act derogates from the coordinating powers of the 17 Coordinator General under the State Development and Public Works 18 Organization Act 1971, section 29.122 19 122 State Development and Public Works Organisation Act 1971, section 29 (Supervision of environment)
s 5.8.4 228 s 5.8.6 Integrated Planning of Judicial Review Act 1991 1 Application 5.8.4.(1) The Judicial Review Act 1991 does not apply to the following 2 matters under this Act-- 3 (a) conduct engaged in for the purpose of making a decision; 4 (b) other conduct that relates to the making of a decision; 5 (c) the making of a decision or the failure to make a decision; 6 (d) a decision.123 7 (2) In particular, but without limiting subsection (1), the Supreme Court 8 does not have jurisdiction to hear and determine applications made to it 9 under the Judicial Review Act 1991, part 3, 4 or 5124 in relation to matters 10 mentioned in subsection (1). 11 to Planning and Environment Court etc. in other Acts 12 References 5.8.5.(1) This section applies if another Act refers to---- 13 (b) the Planning and Environment Court or a judge of that court; or 14 (c) a building tribunal or a referee as a member of that tribunal. 15 (2) If the context permits, the reference may be taken to refer to the court, 16 a judge of the court, a tribunal or a referee as a member of a tribunal. 17 (3) In subsection (1)-- 18 "building tribunal" has the same meaning as in the Building Act 1975. 19 "referee" has the same meaning as in the Building Act 1975. 20 of planning instruments or notices of designation 21 Evidence 5.8.6.(1) In a proceeding, a certified copy of a planning instrument or a 22 notice of designation is evidence of the content of the instrument or notice. 23 (2) All courts, judges and persons acting judicially must take judicial 24 123 However, under section 4.1.21, a person may bring proceedings in the Planning and Environment Court. 124 Judicial Review Act 1991, part 3 (Statutory orders of review), 4 (Reasons for decision) or 5 (Prerogative orders and injunctions)
s 5.8.7 229 s 6.1.1 Integrated Planning notice of a certified copy of a planning instrument or a notice of designation. 1 (3) In a proceeding, a copy of the gazette or newspaper containing a 2 notice about the making of a planning instrument is evidence of the matters 3 stated in the notice. 4 instruments presumed to be within jurisdiction 5 Planning 5.8.7. In a proceeding, the following are presumed unless the issue is 6 raised-- 7 (a) the competence of the Minister to make a planning instrument; 8 (b) the competence of a local government to make a local planning 9 instrument. 10 HAPTER 6--SAVINGS AND TRANSITIONALS, 11 C REPEALS AND CONSEQUENTIAL 12 AMENDMENTS 13 ART 1--SAVINGS AND TRANSITIONALS 14 P 1--Preliminary 15 Division for pt 1 16 Definitions 6.1.1. In this part-- 17 "applicable codes", for self-assessable development, means the standards 18 or requirements under a transitional planning scheme or interim 19 development control provision applying to self-assessable 20 development. 21 "assessable development" means-- 22
s 6.1.1 230 s 6.1.1 Integrated Planning (a) development shown in schedule 8, part 1125 as assessable 1 development; and 2 (b) to the extent the following development is not inconsistent with 3 paragraph (a), development that, before the commencement of 4 this section, would have required an application to be made-- 5 (i) for a continuing approval; or 6 (ii) under section 4.3(1)126 of the repealed Act. 7 "continuing approval" means a condition, certificate, permit or approval 8 mentioned in section 6.1.23(1). 9 "former planning scheme" means a planning scheme under the repealed 10 Act in force immediately before the commencement of this section. 11 "interim development control provision" means an interim development 12 control provision under the repealed Act that was in force immediately 13 before the commencement of this section. 14 "IPA planning scheme" means a planning scheme made under 15 schedule 1.127 16 "local planning policy" means a local planning policy under the repealed 17 Act in force immediately before the commencement of this section. 18 "self-assessable development" means-- 19 (a) development shown in schedule 8, part 2 128 as self-assessable 20 development; and 21 (b) to the extent the development is not inconsistent with 22 paragraph (a)--development that, before the commencement of 23 this section, would not have required an application to be made 24 but would have required the development to comply with 25 applicable codes. 26 125 Schedule 8 (Assessable, self-assessable and exempt development), part 1 (Assessable development) 126 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 127 Schedule 1 (Process for preparing, adopting or amending planning schemes) 128 Schedule 8 (Assessable, self-assessable and exempt development), part 2 (Self-assessable development)
s 6.1.2 231 s 6.1.4 Integrated Planning "transitional planning scheme" see section 6.1.3. 1 "transitional planning scheme policy" see section 6.1.14. 2 2--Planning schemes 3 Division effect of former planning schemes 4 Continuing 6.1.2.(1) Despite the repeal of the repealed Act, each former planning 5 scheme continues to have effect in the local government area for which it 6 was made, subject to subsections (2) and (3). 7 (2) If a provision of a former planning scheme is inconsistent with 8 chapter 3,129 to the extent the provision is inconsistent, chapter 3 prevails. 9 (3) A prohibited use in a former planning scheme is taken to be an 10 expression of policy that the use is inconsistent with the intent of the zone in 11 which the use is prohibited. 12 are transitional planning schemes 13 What 6.1.3.(1) The provisions (including any maps, plans, diagrams or the 14 like) of a former planning scheme, for a local government area, that are not 15 inconsistent with chapter 3 comprise the transitional planning scheme for 16 the area. 17 (2) If there was more than 1 former planning scheme for a local 18 government area, all the provisions of the former planning schemes for the 19 area that are not inconsistent with chapter 3 comprise the transitional 20 planning scheme for the area. 21 planning schemes for local government areas 22 Transitional 6.1.4. For this Act, other than this chapter, a transitional planning scheme 23 (as amended from time to time under this part) is taken to be an IPA 24 planning scheme until it is replaced by, or converted to, an IPA planning 25 scheme. 26 129 Chapter 3 (Integrated development assessment system (IDAS))
s 6.1.5 232 s 6.1.7 Integrated Planning transitional planning schemes to local government areas 1 Applying 6.1.5. If a transitional planning scheme is comprised of all or parts 2 of 2 or more former planning schemes, the part of the transitional planning 3 scheme applying to a part of the area is the part of the former planning 4 schemes that applied to the part of the area. 5 transitional planning schemes 6 Amending 6.1.6.(1) A transitional planning scheme may be amended using the 7 process for amending a planning scheme under schedule 1.130 8 (2) If a transitional planning scheme is amended under this section, the 9 amended transitional planning scheme is still a transitional planning scheme 10 under this Act. 11 transitional planning schemes for consistency with ch 3 12 Amending 6.1.7.(1) This section applies if-- 13 (a) a local government intends to amend a transitional planning 14 scheme but does not intend to convert the transitional planning 15 scheme to an IPA planning scheme under section 6.1.8; and 16 (b) the proposed amendment does not change the policy intent of the 17 scheme (including matters that were the intentions set out under 18 the local government's strategic plan, any development control 19 plan or a zone under the repealed Act); and 20 (c) the local government gives the Minister a copy of the proposed 21 amendment; and 22 (d) the Minister is satisfied the proposed amendment would, in every 23 respect, make the transitional planning scheme more consistent 24 with chapter 3 but does not change the policy intent of the 25 scheme; and 26 (e) the Minister gives the local government written notice of the 27 Minister's satisfaction under paragraph (d); and 28 (f) after receiving notice under paragraph (e), the local government, 29 130 Schedule 1 (Process for preparing, adopting or amending planning schemes)
s 6.1.8 233 s 6.1.9 Integrated Planning by resolution, proposes the amendment. 1 (2) If this section applies-- 2 (a) schedule 1, sections 1 to 18, do not apply for the proposed 3 amendment; and 4 (b) without further action, the local government may adopt the 5 resolution under schedule 1, section 19. 6 (3) If a transitional planning scheme is amended under this section, the 7 amended transitional planning scheme is still a transitional planning scheme 8 under this Act. 9 transitional planning schemes to IPA planning schemes 10 Converting 6.1.8.(1) If a local government intends to amend its transitional planning 11 scheme and convert the scheme to an IPA planning scheme, the local 12 government must-- 13 (a) when publishing a notice under schedule 1, section 12--include 14 in the notice a statement indicating the local government intends 15 the transitional planning scheme, as amended, to be its IPA 16 planning scheme; and 17 (b) have the written agreement of the Minister to the proposed 18 conversion. 19 (2) If the local government complies with subsection (1)(a) and obtains 20 the written agreement of the Minister to the proposed conversion, the 21 transitional planning scheme is, when amended, the local government's 22 IPA planning scheme. 23 of planning schemes under repealed Act may continue 24 Preparation 6.1.9.(1) If immediately before the commencement of this section a local 25 government was preparing a planning scheme under the repealed Act, the 26 local government may-- 27 (a) continue to prepare the scheme as if the repealed Act had not been 28 repealed; or 29 (b) continue to prepare the scheme under this Act using the process, 30 for the matters still to be addressed in the preparation of the 31
s 6.1.10 234 s 6.1.10 Integrated Planning scheme, stated in schedule 1. 1 (2) Despite subsection (1)(b) and regardless of the stage the local 2 government may have reached in the preparation of the scheme, if the local 3 government continues the preparation of the scheme under this Act, the 4 local government must follow the process stated in schedule 1, sections 10 5 to 21. 6 (3) A proposed planning scheme mentioned in subsection (1)(a), that is 7 approved by the Governor in Council after the commencement of this 8 section, is a transitional planning scheme. 9 (4) A proposed planning scheme mentioned in subsection (1)(b), that is 10 adopted by the local government after the commencement of this section, is 11 an IPA planning scheme. 12 (5) For subsection (1), a local government is taken to have been 13 preparing a planning scheme if-- 14 (a) the local government had adopted a resolution under 15 section 2.10(2)131 of the repealed Act; or 16 (b) the Minister had directed the local government under 17 section 2.12132 of the repealed Act to prepare a planning scheme. 18 of amendments to planning schemes under repealed Act 19 Preparation may continue 20 6.1.10.(1) If immediately before the commencement of this section a 21 local government was preparing an amendment of a planning scheme under 22 the repealed Act, the local government may-- 23 (a) continue to prepare the amendment as if the repealed Act had not 24 been repealed; or 25 (b) continue to prepare the amendment under this Act using the 26 process, for the matters still to be addressed in the preparation of 27 the scheme, stated in schedule 1.133 28 131 Section 2.10 (Preparation of planning scheme) 132 Section 2.12 (Powers of the Minister with regard to certain matters) 133 Schedule 1 (Process for preparing, adopting or amending planning schemes)
s 6.1.11 235 s 6.1.12 Integrated Planning (2) Despite subsection (1)(b) and regardless of the stage the local 1 government may have reached in the preparation of the amendment, if the 2 local government continues the preparation of the amendment under this 3 Act, the local government must follow the process stated in schedule 1, 4 sections 10 to 21. 5 (3) A proposed amendment mentioned in subsection (1)(a), that is 6 approved by the Governor in Council after the commencement of this 7 section, is an amendment of a transitional planning scheme. 8 (4) If a proposed amendment mentioned in subsection (1)(b), is adopted 9 by the local government after the commencement of this section, the 10 transitional planning scheme, as amended by the adopted amendment, is an 11 IPA planning scheme. 12 (5) For subsection (1), a local government is taken to have been 13 preparing an amendment of a planning scheme if the local government had 14 given public notice of the proposed amendment under section 2.18(4)134 of 15 the repealed Act. 16 planning schemes lapse after 5 years 17 Transitional 6.1.11.(1) All transitional planning schemes lapse 5 years after the 18 commencement of this section. 19 (2) If the Minister, by gazette notice, nominates a later day for a particular 20 transitional planning scheme to lapse, subsection (1) does not have effect 21 until the later day. 22 3--Interim development control provisions 23 Division effect of interim development control provisions 24 Continuing 6.1.12.(1) Despite the repeal of the repealed Act, each interim 25 development control provision continues to have effect in the local 26 government area for which it was made, subject to subsection (2). 27 134 Section 2.18 (Amendment of a planning scheme by Minister or local government)
s 6.1.13 236 s 6.1.16 Integrated Planning (2) If any interim development control provision is inconsistent with 1 chapter 3,135 to the extent the provision is inconsistent, chapter 3 prevails. 2 4--Planning scheme policies 3 Division effect of local planning policies 4 Continuing 6.1.13.(1) Despite the repeal of the repealed Act, each local planning 5 policy continues to have effect in the local government area for which it was 6 made, subject to subsection (2). 7 (2) If a provision of a local planning policy is inconsistent with 8 chapter 3,136 to the extent the provision is inconsistent, chapter 3 prevails. 9 are transitional planning scheme policies 10 What 6.1.14. The provisions of local planning policies, for a local government 11 area, that are not inconsistent with chapter 3 comprise the transitional 12 planning scheme policies for the area. 13 planning scheme policies for local government areas 14 Transitional 6.1.15. For this Act, other than this chapter, a transitional planning 15 scheme policy for a local government area, is taken to be a planning scheme 16 policy for the area until an IPA planning scheme is made for the area. 17 transitional planning scheme policies 18 Amending 6.1.16.(1) A transitional planning scheme policy may be amended using 19 the process for amending a planning scheme policy under schedule 3. 20 (2) If a transitional planning scheme policy is amended under this 21 section, the amended transitional planning scheme policy is still a 22 transitional planning scheme policy under this Act. 23 135 Chapter 3 (Integrated development assessment system (IDAS)) 136 Chapter 3 (Integrated development assessment system (IDAS))
s 6.1.17 237 s 6.1.18 Integrated Planning transitional planning scheme policies for consistency with 1 Amending ch 3 2 6.1.17.(1) This section applies if-- 3 (a) a local government intends to amend a transitional planning 4 scheme policy to make the transitional planning scheme policy 5 more consistent with chapter 3 but does not change the intent of 6 the policy; and 7 (b) the local government, by resolution, proposes the amendment. 8 (2) If this section applies-- 9 (a) schedule 3, sections 1 to 4 and section 6,137 do not apply for the 10 proposed amendment; and 11 (b) without further action, the local government may adopt the 12 resolution under schedule 3, section 5.138 13 (3) If a transitional planning scheme policy is amended under this 14 section, the amended transitional planning scheme policy is still a 15 transitional planning scheme policy under this Act. 16 transitional planning scheme policies 17 Repealing 6.1.18.(1) A local government may, by resolution, repeal a transitional 18 planning scheme policy. 19 (2) The local government must publish a notice about the resolution at 20 least once in a newspaper circulating generally in the local government's 21 area advising that the transitional planning scheme policy has been repealed. 22 (3) The repeal takes effect the day the resolution is made. 23 137 Schedule 3 (Process for making or amending planning scheme policies), sections 1 (Resolution proposing action), 2 (Public notice of proposed action), 3 (Public access to relevant documents), 4 (Consideration of all submissions) and 6 (Reporting to persons who made submissions about proposed action) 138 Schedule 3 (Process for making or amending planning scheme policies), section 5 (Resolution about adopting proposed planning scheme policy or amendment)
s 6.1.19 238 s 6.1.21 Integrated Planning scheme policies may support transitional planning schemes 1 Planning 6.1.19. If a local government has a transitional planning scheme, the local 2 government may make a planning scheme policy under this Act as if the 3 transitional planning scheme were an IPA planning scheme. 4 scheme polices for infrastructure 5 Planning 6.1.20.(1) This section applies if-- 6 (a) a local government has an IPA planning scheme; and 7 (b) the scheme does not have an infrastructure charges plan; and 8 (c) the local government prepares a planning scheme policy about 9 infrastructure. 10 (2) The planning scheme policy must specify, for a development 11 application for the reconfiguration of a lot-- 12 (a) the matters that were required to be specified in a local planning 13 policy under section 6.2(6)(b)(i) and (ii)139 of the repealed Act; 14 and 15 (b) the monetary contribution to be paid to the local government 16 instead of supplying an area of land for use as a park. 17 (3) This section expires 5 years after it commences. 18 planning schemes cancel existing planning scheme policies 19 IPA 6.1.21. If an IPA planning scheme is adopted or a transitional planning 20 scheme is converted to an IPA planning scheme, all existing transitional 21 planning scheme policies and planning scheme policies supporting the 22 transitional planning scheme are cancelled from the day the adoption is 23 notified in the gazette. 24 139 Section 6.2 (Contributions towards water supply and sewerage works)
s 6.1.22 239 s 6.1.23 Integrated Planning Division 5--State planning policies 1 effect of State planning policies 2 Continuing 6.1.22. Each State planning policy made under the repealed Act and in 3 force immediately before the commencement of this section continues to 4 have effect and is taken to be a State planning policy made under this Act. 5 6--Existing approvals and conditions 6 Division effect of approvals issued before commencement 7 Continuing 6.1.23.(1) This section applies to-- 8 (a) conditions set by, and certificates of compliance or similarly 9 endorsed certificates ("continuing approvals") issued by, a local 10 government in relation to an application mentioned in 11 section 4.1(5)140 of the repealed Act and in force immediately 12 before the commencement of this section; and 13 (b) permits (also "continuing approvals") issued under 14 section 4.13(12) 141 of the repealed Act, including modifications 15 of the permits under section 4.15142 of the repealed Act, in force 16 immediately before the commencement of this section; and 17 (c) approvals (also "continuing approvals"), including 18 modifications of the approvals under section 4.15 of the repealed 19 Act, in force immediately before the commencement of this 20 section and made in relation to applications made under the 21 following sections of the repealed Act-- 22 · section 5.1(1);143 23 140 Section 4.1 (Applications) 141 Section 4.13 (Assessment of town planning consent application) 142 Section 4.15 (Modification of certain applications and approvals) 143 Section 5.1 (Application for subdivision etc.). Applications for the subdivision of land incorporating a lake and mentioned in section 5.10 (Subdivision incorporating a lake) are also dealt with under section 5.1.
s 6.1.23 240 s 6.1.23 Integrated Planning · section 5.2(1);144 1 · section 5.9(1);145 2 · section 5.11(1);146 3 · section 5.12(1);147 and 4 (d) approvals (also "continuing approvals"), by whatever name 5 called, given under a former planning scheme but not included in 6 paragraphs (a) to (c) in force immediately before the 7 commencement of this section. 8 (2) Despite the repeal of the repealed Act, each continuing approval and 9 any conditions attached to a continuing approval have effect as if the 10 approval and the conditions were a preliminary approval or development 11 permit, as the case may be. 12 13 Example for subsection (2)-- 14 An application for a staged subdivision approval under section 5.9(1) of the 15 repealed Act and a concurrent application under section 5.1(1) of the repealed Act 16 for approval of the first stage of the staged subdivision would result in-- 17 (a) for the section 5.9(1) application--a preliminary approval for 18 reconfiguration of the whole of the land; and 19 (b) for the section 5.1(1) application--a development permit for 20 reconfiguration of the land in stage 1. (3) Subsection (2) has effect only for the period the continuing approval 21 would have had effect if the repealed Act had not been repealed. 22 (4) If a continuing approval implies that a person has the right to use 23 premises, the subject of the continuing approval, for a particular purpose 24 (because the intended use of the premises did not also require a continuing 25 approval) and the implied right existed, but the intended use had not started, 26 immediately before the commencement of this section, the intended use is 27 to be taken to be a use in existence immediately before the commencement 28 if-- 29 144 Section 5.2 (Subdivisions involving works) 145 Section 5.9 (Staged subdivision) 146 Section 5.11 (Application for amalgamation of land) 147 Section 5.12 (Application for access easement)
s 6.1.24 241 s 6.1.25 Integrated Planning (a) the rights (other than the implied right) under the continuing 1 approval are exercised within the time allowed for the rights to be 2 exercised under the repealed Act; and 3 (b) the intended use is started within 5 years after the rights 4 mentioned in paragraph (a) are exercised. 5 conditions attach to land 6 Certain 6.1.24.(1) If a local government has set conditions in relation to a 7 continuing approval, the conditions attach to the land on and from the 8 commencement of this section and are binding on successors in title. 9 (2) Also, if an application to amend a former planning scheme was, or 10 the conditions attached to the amendment were, approved under the repealed 11 Act and conditions in relation to the amendment were attached to the land 12 under the repealed Act-- 13 (a) if the approval was given before the commencement of this 14 section--the conditions remain attached to the land on and from 15 the commencement of this section and are binding on successors 16 in title; and 17 (b) if the approval was given on or after the commencement of this 18 section--the conditions remain attached to the land on and from 19 the day the approval was given and are binding on successors in 20 title. 21 7--Applications in progress 22 Division of commencement on certain applications in progress 23 Effect 6.1.25. If an application was made before the commencement of this 24 section for a matter mentioned in section 6.1.23(1)-- 25 (a) processing of the application and all matters incidental to the 26 processing (including any appeal made in relation to a decision 27 about the application) must proceed as if the repealed Act had not 28 been repealed; and 29
s 6.1.26 242 s 6.1.28 Integrated Planning (b) any approval issued is a preliminary approval or development 1 permit, as the case may be. 2 of commencement on other applications in progress 3 Effect 6.1.26.(1) This section applies to applications made before the 4 commencement of this section under any of the following sections of the 5 repealed Act-- 6 · section 4.3(1);148 7 · section 4.6(1);149 8 · section 4.9(1).150 9 (2) An application mentioned in subsection (1) must be processed and all 10 matters incidental to the processing (including any appeal made in relation 11 to a decision about the application) must proceed as if the repealed Act had 12 not been repealed. 13 for compensation continue 14 Applications 6.1.27. If an application for compensation was made and has not been 15 decided before the commencement of this section, the application must be 16 decided as if the repealed Act had not been repealed.151 17 8--Applications made or development carried out after the 18 Division commencement of this division 19 must be used for processing applications 20 IDAS 6.1.28.(1) To remove any doubt, it is declared that all development 21 applications for assessable development made after the commencement of 22 148 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 149 Section 4.6 (Application for rezoning of land in stages) 150 Section 4.9 (Subsequent staged rezoning approvals) 151 See the Acts Interpretation Act 1954, section 20 for other matters that are also saved when an Act is repealed.
s 6.1.29 243 s 6.1.29 Integrated Planning this section to which a transitional planning scheme or interim development 1 control provision applies must be made and processed under this Act. 2 (2) If an application mentioned in subsection (1) were an application for 3 the same development under the repealed Act and would have required 4 public notification under the repealed Act, the application must be processed 5 as if it were a development application requiring impact assessment. 6 (3) If an application mentioned in subsection (1) were an application for 7 the same development under the repealed Act and would not have required 8 public notification under the repealed Act, the application must be processed 9 as if it were a development application requiring code assessment. 10 applications 11 Assessing 6.1.29.(1) This section applies only for the assessing aspects of 12 development applications to which a transitional planning scheme or interim 13 development control provision applies. 14 (2) Sections 3.5.4 and 3.5.5152 do not apply for assessing the application. 15 (3) Instead, the following matters, to the extent the matters are relevant to 16 the application, apply for assessing the application-- 17 (a) the common material for the application; 18 (b) the transitional planning scheme; 19 (c) the transitional planning scheme polices; 20 (d) any planning scheme policy made after the commencement of 21 this section; 22 (e) all State planning policies; 23 (f) the matters stated in section 8.2(1)153 of the repealed Act; 24 (g) for an interim development control provision in force in a local 25 government area--the interim development control provision; 26 (h) if the application is for development that before the 27 commencement of this section would have required an 28 152 Sections 3.5.4 (Code assessment) and 3.5.5 (Impact assessment) 153 Section 8.2 (Environmental impact)
s 6.1.30 244 s 6.1.30 Integrated Planning application to be made under any of the following sections of the 1 repealed Act-- 2 (i) section 4.3(1)154--the matters stated in section 4.4(3);155 3 (ii) section 5.1(1)156--the matters stated in section 5.1(3); 4 (iii) section 5.1(1) and section 5.10(1)157 applies--the matters 5 stated in sections 5.1(3) and 5.10(2); 6 (iv) section 5.2(1)158--the matters stated in sections 5.2(2); 7 (v) section 5.9(1)159--the matters stated in section 5.9(3); 8 (vi) section 5.11(1)160--the matters stated in section 5.11(3); 9 (i) any other matter to which regard would have been given if the 10 application had been made under the repealed Act. 11 applications 12 Deciding 6.1.30.(1) This section applies when the assessment manager decides a 13 development application to which a transitional planning scheme or interim 14 development control provision applies. 15 (2) Sections 3.5.13161 and 3.5.14162 do not apply for deciding the 16 application. 17 (3) Instead, the assessment manager must, if the application is for 18 development that before the commencement of this section would have 19 required an application to be made under any of the following sections of 20 the repealed Act-- 21 154 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 155 Section 4.4 (Assessment of proposed planning scheme amendment) 156 Section 5.1 (Application for subdivision etc.) 157 Section 5.10 (Subdivision incorporating a lake) 158 Section 5.2 (Subdivisions involving works) 159 Section 5.9 (Staged subdivision) 160 Section 5.11 (Application for amalgamated land) 161 Section 3.5.13 (Decision if application requires code assessment) 162 Section 3.5.14 (Decision if application requires impact assessment)
s 6.1.30 245 s 6.1.30 Integrated Planning (a) section 4.3(1) 163--decide the application under section 4.4(5)164 1 and (5A); 2 (b) section 4.12(1) 165--decide the application under section 3 4.13(5)166 and (5A); 4 (c) section 5.1(1)167 (whether or not section 5.10(1)168 5 applies)--decide the application under section 5.1(6) and (6A); 6 (d) section 5.2(1)169--decide the application under section 5.2(4); 7 (e) section 5.9(1)170 --decide the application under section 5.9(6) and 8 (6A); 9 (f) section 5.11(1)171--decide the application under section 5.11(5); 10 (g) section 5.12(1)172--decide the application under section 5.12(4). 11 (4) If a development application is made under a transitional planning 12 scheme for the setting of conditions or the issue of a certificate of 13 compliance or similarly endorsed certificate, the assessment manager may 14 not refuse the application despite section 3.5.11(1)(c) 173 but a concurrence 15 agency may still direct the assessment manager to refuse the application. 16 (5) If the assessment manager does not decide the application mentioned 17 in subsection (4) within the decision making period-- 18 (a) the application is taken to have been approved without conditions; 19 or 20 163 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 164 Section 4.4 (Assessment of proposed planning scheme amendment) 165 Section 4.12 (Application for town planning consent) 166 Section 4.13 (Assessment of town planning consent application) 167 Section 5.1 (Application for subdivision etc.) 168 Section 5.10 (Subdivision incorporating a lake) 169 Section 5.2 (Subdivisions involving works) 170 Section 5.9 (Staged subdivision) 171 Section 5.11 (Application for amalgamated land) 172 Section 5.12 (Application for access easement) 173 Section 3.5.11 (Decision generally)
s 6.1.31 246 s 6.1.31 Integrated Planning (b) the certificate of compliance or similarly certificate, is taken to 1 have been issued. 2 about infrastructure for applications 3 Conditions 6.1.31.(1) Subsection (2) applies if-- 4 (a) a local government is deciding a development application under a 5 transitional planning scheme or an IPA planning scheme; and 6 (b) the local government does not have an infrastructure charges plan. 7 (2) For deciding the application-- 8 (a) chapter 5, parts 1 and 2174 do not apply; and 9 (b) section 3.5.32(1)(b)175 does not apply; and 10 (c) the local government may impose a condition on the development 11 approval requiring land, works or a contribution towards the cost 12 of supplying infrastructure (including parks) as if the repealed Act 13 had not been repealed. 14 (3) However, if the application is being decided under an IPA planning 15 scheme, subsection (2) applies only for 5 years after the commencement of 16 this section. 17 (4) Subsection (5) applies if-- 18 (a) a local government is deciding a development application under a 19 transitional planning scheme only; and 20 (b) the local government does not have a benchmark development 21 sequence. 22 (5) For deciding the application-- 23 174 Chapter 5 (Miscellaneous), part 1 (Infrastructure charges) and part 2 (Infrastructure agreements) 175 Section 3.5.32 (Conditions that can not be imposed)
s 6.1.32 247 s 6.1.33 Integrated Planning (a) section 3.5.32(1)(b)176 does not apply; and 1 (b) section 3.5.35177 does not apply. 2 about infrastructure for applications under interim 3 Conditions development control provisions or subdivision of land by-laws 4 6.1.32.(1) This section applies if-- 5 (a) the local government is deciding a development application: and 6 (b) the local government does not have a transitional planning 7 scheme but has-- 8 (i) an interim development control provision; or 9 (ii) a subdivision of land by-law continued in effect under 10 section 8.10(7)178 of the repealed Act. 11 (2) For deciding the application-- 12 (a) section 3.5.32(1)(b)179 does not apply; and 13 (b) the local government may impose a condition on a development 14 approval requiring land, works or a contribution towards the cost 15 of supplying infrastructure (including parks) as if the repealed Act 16 had not been repealed. 17 about infrastructure for applications about reconfiguring 18 Conditions a lot 19 6.1.33.(1) This section applies if-- 20 (a) a local government is deciding a development application for 21 reconfiguring a lot: and 22 (b) the application is made within 2 years after the commencement of 23 this section; and 24 176 Section 3.5.32 (Conditions that can not be imposed) 177 Section 3.5.35 (Limitations on conditions lessening cost impacts for infrastructure) 178 Section 8.10 (Savings and transitional) 179 Section 3.5.33 (Conditions that can not be imposed)
s 6.1.34 248 s 6.1.36 Integrated Planning (c) the local government has an infrastructure charges plan. 1 (2) The application for reconfiguring the lot is, for calculating the amount 2 of any contribution for water supply headworks or sewerage headworks (or 3 both), taken to be a prescribed application to subdivide land under 4 section 6.2180 of the repealed Act. 5 amendment of transitional planning schemes 6 Consequential 6.1.34.(1) If an assessment manager approves a development application 7 for assessable development that would, under the repealed Act, have first 8 required the amendment of the former planning scheme, the local 9 government must amend its transitional planning scheme to reflect the 10 approval. 11 (2) The local government must make the amendment within 20 business 12 days after the day the approval takes effect. 13 development under transitional planning schemes 14 Self-assessable 6.1.35. Self-assessable development to which a transitional planning 15 scheme or an interim development control provision applies must comply 16 with applicable codes. 17 9--Planning and Environment Court 18 Division of judges continue 19 Appointments 6.1.36. Judges of District Courts notified by gazette notice as judges who 20 constituted the Planning and Environment Court before the commencement 21 of section 4.1.1, 181 are, until a further notice is gazetted under this Act, the 22 judges who, on and from the commencement, constitute the court. 23 180 Section 6.2 (Contributions towards water supply and sewerage works) 181 Section 4.1.1 (Continuance of Planning and Environment Court)
s 6.1.37 249 s 6.1.40 Integrated Planning orders continue 1 Court 6.1.37.(1) An order made by the Planning and Environment Court 2 before the commencement of section 4.1.1 and still in force immediately 3 before the commencement, continues to have effect on and after the 4 commencement. 5 (2) The order may be discharged or amended by the court under this Act. 6 of court continue 7 Rules 6.1.38.(1) The rules of court in force immediately before the 8 commencement of section 4.1.1 continue in force on and after the 9 commencement as if they were made under section 4.1.10.182 10 (2) The rules may be amended or repealed under this Act. 11 started under repealed Act continue 12 Proceedings 6.1.39. A proceeding started before the Planning and Environment Court 13 under the repealed Act and not finished on the commencement of 14 section 4.1.1, may be continued and completed by the court as if the 15 repealed Act had not been repealed.183 16 Division 10--Miscellaneous 17 of ch 1, pt 5 18 Application 6.1.40.(1) This section applies if the State, or an entity acting for or on 19 behalf of the State, starts development. 20 (2) Despite section 1.4.8,184 the development, to the extent the 21 development is self-assessable development or assessable development 22 under a planning scheme, is exempt development, and the State is not 23 182 Section 4.1.10 (Rules of Court) 183 See the Acts Interpretation Act 1954, section 20 for other matters that are also saved when an Act is repealed. 184 Section 1.4.8 (Act binds all persons)
s 6.1.41 250 s 6.1.43 Integrated Planning required to pay any infrastructure charge for the development. 1 (3) For subsection (2)-- 2 (a) if the local government's area where the development is to start 3 has an IPA planning scheme--assessable development has the 4 meaning under schedule 10; and 5 (b) if the local government's area where the development is to start 6 has a transitional planning scheme--assessable development has 7 the meaning under this part. 8 (4) This section expires 2 years after its commencement. 9 of ch 2, pt 2, div 2 10 Application 6.1.41. Chapter 2, part 2, division 2185 applies as if a transitional planning 11 scheme were an IPA planning scheme. 12 of ch 2, pt 3 13 Application 6.1.42. Chapter 2, part 3186 (in so far as the Minister may direct a local 14 government to amend a planning scheme or repeal a transitional planning 15 scheme policy) applies to transitional planning schemes and transitional 16 planning scheme policies. 17 of ch 2, pt 6 for Transport Infrastructure Act 1994 18 Application 6.1.43.(1) For designating the following land, chapter 2, part 6187 applies 19 as if the Minister administering the Transport Infrastructure Act 1994 were 20 satisfied of the matters mentioned in section 2.6.8--188 21 (a) existing rail corridor land within the meaning of the Transport 22 185 Chapter 2 (Planning), part 2 (Reviewing local planning instruments), division 2 (Review by independent reviewer) 186 Chapter 2 (Planning), part 3 (State powers) 187 Chapter 2 (Planning), part 6 (Designation of land for community infrastructure) 188 Section 2.6.8 (Minister may proceed straight to designation in certain circumstances)
s 6.1.44 251 s 6.1.44 Integrated Planning Infrastructure Act 1994;189 or 1 (b) a State-controlled road within the meaning of the Transport 2 Infrastructure Act 1994;190 or 3 (c) a future State-controlled road within the meaning of the 4 Transport Infrastructure Act 1994, section 40.191 5 (2) This section expires 3 years after its commencement. 6 may be changed or cancelled by assessment manager or 7 Conditions concurrence agency in certain circumstances 8 6.1.44.(1) This section applies if-- 9 (a) before the commencement of this section another Act or a local 10 law required a licence, permit, registration or other approval for 11 development or for an activity that is the natural and ordinary 12 consequence of the development; and 13 (b) the other Act or local law allowed for a condition of the licence, 14 permit, registration or other approval to be changed or cancelled 15 without the consent of any person; and 16 (c) the other Act or the local law is amended to remove the 17 requirement for the licence, permit, registration or other approval, 18 or is repealed; and 19 (d) the development is assessable development as defined for this 20 part, and the Act generally. 21 189 Under the Transport Infrastructure Act 1994, schedule 3, (Dictionary)-- "existing rail corridor land" means old QR land-- (a) on or within which rail transport infrastructure is situated; and (b) that is not commercial corridor land. 190 Under the Transport Infrastructure Act 1994, schedule 3, (Dictionary)-- "State-controlled road" means a road or land, or part of a road or land, declared under section 23 to be a State-controlled road, and for chapter 5, part 5, division 2, subdivision 2, see section 50. 191 Under the Transport Infrastructure Act 1994, section 40, (Impact of certain local government decisions on State-controlled roads)-- "future State-controlled road" means a road or land that the chief executive has notified the local government in writing is intended to become a State-controlled road.
s 6.1.44 252 s 6.1.44 Integrated Planning (2) A condition of a development approval for the development, to the 1 extent the condition could have been imposed by an entity under the other 2 Act or local law before the Act or law was amended or repealed, may be 3 changed or cancelled by the entity-- 4 (a) if the entity, as a concurrence agency, directed the assessment 5 manager to impose the condition; or 6 (b) if the entity, as the assessment manager, decided the condition. 7 (3) The change or cancellation may be made-- 8 (a) without the consent of the owner of the land to which the 9 approval attaches and any occupier of the land; but 10 (b) only to the extent the change or cancellation could have been 11 made under the other Act or local law before it was amended or 12 repealed. 13 (4) If the entity is satisfied it is necessary to change or cancel the 14 condition, the entity must give a written notice to the owner of the land to 15 which the approval attaches and any occupier of the land. 16 (5) The notice must state-- 17 (a) the proposed change or cancellation and the reasons for the 18 change or cancellation; and 19 (b) that each person to whom the notice is given may make written 20 representations to the entity about the proposed change or 21 cancellation; and 22 (c) the time (at least 15 business days after the notice is given to the 23 holder) within which the representations may be made. 24 (6) After considering any representations the entity must give to each 25 person to whom the notice was given-- 26 (a) if the entity is not satisfied the change or cancellation is 27 necessary--written notice stating it has decided not to change or 28 cancel the condition; or 29 (b) if the entity is satisfied the change or cancellation is 30 necessary--written notice stating it has decided to change or 31 cancel the condition, including details of the changed or cancelled 32 condition. 33
s 6.1.45 253 s 6.1.48 Integrated Planning (7) If the entity is a concurrence agency, the entity must give the 1 assessment manager written notice of the change or cancellation. 2 (8) The changed condition or cancellation takes effect from the day the 3 notice was given to the owner of the land to which the approval attaches. 4 agreements under repealed Act 5 Infrastructure 6.1.45. An infrastructure agreement made under part 6, division 2192 of 6 the repealed Act and in force immediately before the commencement of this 7 section continues, on and after the commencement, to have effect and is 8 binding on the parties to the agreement as if the repealed Act had not been 9 repealed. 10 Government (Robina Central Planning Agreement) Act 1992 11 Local 6.1.46.(1) Despite the repeal of the repealed Act the Local Government 12 (Robina Central Planning Agreement) Act 1992 applies as if the repealed 13 Act had not been repealed. 14 (2) This section expires on 31 December 2000. 15 continue until withdrawn 16 Delegations 6.1.47. A delegation made before the commencement of this section that 17 is necessary to give effect to this part continues to have effect on and after 18 the commencement until specifically withdrawn by the person who gave the 19 delegation. 20 must be kept available for inspection and purchase 21 Registers 6.1.48. All registers established and kept by local governments under the 22 repealed Act must be kept available for inspection and purchase under this 23 Act. 24 192 Part 6 (Conditions, contributions, works and infrastructure agreements), division 2 (Infrastructure agreements)
s 6.1.49 254 s 6.1.52 Integrated Planning planning certificates may be used as evidence 1 Town 6.1.49. In a proceeding, a town planning certificate issued under the 2 repealed Act is evidence of the matters contained in the certificate. 3 to compensation continued 4 Right 6.1.50. To remove any doubt, it is declared that if before the 5 commencement of this section a person had a right to compensation under 6 section 3.5193 of the repealed Act, the person may exercise the right within 7 the time stated in the repealed Act for exercising the right despite the repeal 8 of the repealed Act. 9 in council about Crown land under repealed Act 10 Orders 6.1.51.(1) This section applies to-- 11 (a) to the extent that any orders in council made under the Local 12 Government Act 1936, section 33(22A)194 or under the City of 13 Brisbane Town Planning Act 1964, section 7A(8)195 are still in 14 force immediately before the commencement of this section--the 15 orders; and 16 (b) all orders in council made under section 2.21(2)(c) 196 of the 17 repealed Act. 18 (2) To remove any doubt, it is declared that all orders mentioned in 19 subsection (1) and still in force immediately before the commencement of 20 this section continue in force as if the orders were regulations made under 21 this Act. 22 regulations 23 Transitional 6.1.52.(1) A regulation may make provision of a saving or transitional 24 193 Section 3.5 (Compensation) 194 Local Government Act 1936, section 33 (Town Planning) 195 City of Brisbane Town Planning Act 1964, section 7A (Plan may include Crown land) 196 Section 2.21 (Planning scheme may include Crown land)
s 6.2.1 255 s 6.3.1 Integrated Planning nature for which-- 1 (a) it is necessary or convenient to make provision to allow or 2 facilitate the doing of anything to achieve the purposes of this Act; 3 and 4 (b) this Act does not make provision or sufficient provision. 5 (2) A regulation under this section may have retrospective operation to a 6 day not earlier than the commencement day. 7 (3) Subject to subsection (4), a regulation under this section expires 8 5 years after it is made. 9 (4) This section expires 5 years after this Act commences. 10 PART 2--REPEALS 11 repealed 12 Act 6.2.1. The Local Government (Planning and Environment) Act 1990 is 13 repealed. 14 PART 3--CONSEQUENTIAL AMENDMENTS 15 amended--sch 9 16 Acts 6.3.1. Schedule 9197 amends the Acts mentioned in it. 17 18 197 Schedule 9 (Consequential amendments)
256 Integrated Planning CHEDULE 1 1 ¡S PROCESS FOR MAKING OR AMENDING 2 PLANNING SCHEMES 3 section 2.1.5(2) 4 PART 1--PRELIMINARY CONSULTATION AND 5 PREPARATION STAGE 6 to prepare planning scheme 7 Resolution 1.(1) A local government, by resolution, may propose to prepare a 8 planning scheme. 9 (2) In this schedule (other than in a provision specifically referring to an 10 amendment of a planning scheme), a reference to a planning scheme 11 includes a reference to an amendment of a planning scheme. 12 government may shorten process for certain amendments 13 Local 2.(1) This section applies if a local government proposes to prepare an 14 amendment of a planning scheme, and at least 1 of the following applies-- 15 (a) the local government is satisfied there has already been adequate 16 public consultation about the matter, the subject of the proposed 17 amendment; 18 (b) the local government is satisfied the public interest would not be 19 served by consulting about any proposal for preparing the 20 amendment; 21 (c) the amendment is a minor amendment of the planning scheme. 22 23 Example of paragraph (a)-- 24 A local government may decide there has been adequate public consultation 25 about a matter the subject of a proposed amendment if the matter arose as a result of 26 the recommendations of a regional planning advisory committee, and the regional 27 planning advisory committee had publicly consulted about the matter before making
257 Integrated Planning SCHEDULE 1 (continued) 1 its recommendation. 2 Example of paragraph (b)-- 3 A local government may believe it needs to change the parking standards 4 applying to a particular form of development because parking demand has exceeded 5 that reflected in the original planning scheme. Because of the limited options for 6 dealing with the matter, the local government may decide that no public interest 7 would be served by publicly consulting about any approach to preparing the 8 amendment. (2) If this section applies because of subsection (1)(a) or (b), the local 9 government-- 10 (a) if the section applies because of section 2.2.18(4)198 of the 11 Act--must start the amending process at section 9(2); or 12 (b) if paragraph (a) does not apply--need not comply with sections 3 13 to 8 and may also start the amending process at section 9(2). 14 (3) If this section applies because of subsection (1)(c), the local 15 government need not comply with sections 3 to 8 or sections 10 to 18. 16 of proposals for preparing planning scheme 17 Statement 3.(1) The local government must prepare a statement of its proposals for 18 preparing the planning scheme. 19 (2) In particular, the statement must-- 20 (a) identify matters the local government anticipates the planning 21 scheme will address; and 22 (b) state how the local government intends to address each core 23 matter (including its component parts) in preparing the planning 24 scheme. 25 (3) The local government must give a copy of the statement to the chief 26 executive and to each adjoining local government. 27 198 Section 2.2.18 (Local government's actions after receiving reviewer's reports)
258 Integrated Planning SCHEDULE 1 (continued) matters for planning schemes 1 Core 4.(1) The following are "core matters" for the preparation of a planning 2 scheme-- 3 (a) land use and development; 4 (b) infrastructure;199 5 (c) valuable features. 6 (2) In subsection (1)(a)-- 7 "land use and development" includes the following-- 8 (a) the location of, and the relationships between, various land uses; 9 (b) the effects of land use and development; 10 (c) how mobility between places is facilitated; 11 (d) accessibility to areas; 12 (e) development constraints. 13 (3) In subsection (1)(c)-- 14 "valuable features" includes the following-- 15 (a) resources or areas that are of ecological significance (such as 16 habitats, wildlife corridors, buffer zones, places supporting 17 biological diversity or resilience, and features contributing to the 18 quality of air, water (including catchments or recharge areas) and 19 soil); 20 (b) areas contributing significantly to amenity (such as areas of high 21 scenic value, physical features that form significant visual 22 backdrops or that frame or define places or localities, and 23 attractive built environments); 24 (c) areas or places of cultural heritage significance (such as areas or 25 places of indigenous cultural significance, or aesthetic, 26 architectural, historical, scientific, social or technological 27 199 "Infrastructure" is a term defined in the dictionary.
259 Integrated Planning SCHEDULE 1 (continued) significance, to the present generation or past or future 1 generations); 2 (d) resources or areas of economic value (such as extractive deposits, 3 forestry resources, water resources, sources of renewable and 4 non-renewable energy and good quality agricultural land). 5 notice of proposal 6 Public 5.(1) After complying with section 3, the local government must publish, 7 at least once in a newspaper circulating generally in the local government's 8 area, a notice stating the following-- 9 (a) the name of the local government; 10 (b) that the local government has prepared a statement of its proposal 11 to preparing the planning scheme and that the statement is 12 available for inspection and purchase; 13 (c) a contact telephone number for information about the statement; 14 (d) that written submissions about any aspect of the proposal may be 15 made to the local government by any person; 16 (e) the period (the "preliminary consultation period") during 17 which the submissions may be made; 18 (f) the requirements for making a properly made submission under 19 this part. 20 (2) The preliminary consultation period must be for at least 40 business 21 days after the notice is first published under subsection (1). 22 (3) For all of the preliminary consultation period, the local government 23 must display a copy of the notice in a conspicuous place in the local 24 government's public office. 25 access to statement of proposal 26 Public 6. For all of the preliminary consultation period, the local government 27
260 Integrated Planning SCHEDULE 1 (continued) must have a copy of the statement of proposal available for inspection and 1 purchase. 2 of all submissions 3 Consideration 7. The local government must consider every properly made 4 submission 200 about the proposal. 5 requirements for consultation 6 Minimum 8. Sections 5, 6 and 7 state the minimum requirements for consultation 7 with the public about the statement of proposal, but are not intended to 8 prevent additional consultation. 9 proposing planning scheme 10 Resolution 9.(1) If a local government has followed the process stated in section 1 11 and sections 3 to 8, the local government, by resolution, must-- 12 (a) propose a planning scheme; or 13 (b) decide not to proceed with the preparation of the proposed 14 planning scheme.201 15 (2) If section 2 applies to a proposal under this schedule, the local 16 government, by resolution, must propose an amendment of its planning 17 scheme. 18 (3) If the local government makes a resolution under subsection (1) 19 or (2), the local government must give the Minister a copy of the proposed 20 planning scheme. 21 200 "Properly made submission" is a term defined in the dictionary. 201 Under chapter 2, part 2, a decision of a local government not to proceed to make a planning scheme is taken to be a decision not to review the planning scheme under the part.
261 Integrated Planning SCHEDULE 1 (continued) ART 2--CONSIDERATION OF STATE INTERESTS 1 P AND CONSULTATION STAGE 2 may allow process to be shortened for certain amendments 3 Minister publicly consulted 4 10.(1) This section applies if-- 5 (a) the Minister receives, under section 9(3), a copy of a proposed 6 amendment of a planning scheme; and 7 (b) the Minister is satisfied there has already been adequate public 8 consultation about the matter, the subject of the proposed 9 amendment, because the proposed amendment reflects-- 10 (i) the recommendation of a regional planning advisory 11 committee on a matter; or 12 (ii) a decision previously made by an assessment manager on a 13 development application; or 14 (iii) a standard or policy of the State; or 15 (iv) a decision taken by a local government or the Minister about 16 a reviewer's report. 17 (2) The Minister may advise the local government it need not comply 18 with sections 12 to 18. 19 (3) If the Minister advises the local government under subsection (2), 20 section 11 does not apply to the proposed amendment. 21 proposed planning scheme does not adversely affect State 22 Ensuring interests 23 11.(1) On receiving a copy of a proposed planning scheme under 24 section 9(3), the Minister must consider whether or not State interests 25 would be adversely affected by the proposed planning scheme. 26 (2) The Minister must advise the local government, having regard to the 27 Minister's consideration under subsection (1)-- 28
262 Integrated Planning SCHEDULE 1 (continued) (a) that it may notify the proposed planning scheme; or 1 (b) that it may notify the proposed planning scheme, but subject to 2 compliance with conditions the Minister may impose about-- 3 (i) the content of the proposed planning scheme; or 4 (ii) the way the planning scheme is notified. 5 (3) If the proposal is for the amendment of a planning scheme, the 6 Minister may-- 7 (a) as well as advising the local government under subsection (2), 8 advise the local government that it need not comply with 9 section 18 (other than section 18(1), (2) and (7)(b)); or 10 (b) instead of advising the local government under subsection (2), 11 advise the local government that, having regard to the Minister's 12 consideration under subsection (1), it may not proceed further 13 with the amendment. 14 (4) A condition imposed under subsection (2)(b)(ii) may only be for the 15 purpose of providing public access to the proposed planning scheme to an 16 extent greater than otherwise provided for in this schedule. 17 (5) Before notifying the proposed planning scheme, the local government 18 must comply with any condition about the content of the proposed planning 19 scheme imposed by the Minister under subsection (2)(b). 20 notice and access of proposed planning scheme 21 Public 12.(1) If the Minister advises the local government that it may notify the 22 proposed planning scheme, the local government must publish, at least once 23 in a newspaper circulating generally in the local government's area, a notice 24 stating the following-- 25 (a) the name of the local government; 26 (b) if the notice is about an amendment of the planning scheme--the 27 purpose and general effect of the proposed amendment; 28 (c) if the notice is about an amendment of the planning scheme but 29
263 Integrated Planning SCHEDULE 1 (continued) the proposed amendment is intended to apply only to part of the 1 planning scheme area--a description of the land or area to which 2 the proposed amendment is intended to apply; 3 (d) a contact telephone number for information about the proposed 4 planning scheme; 5 (e) that the proposed planning scheme is available for inspection and 6 purchase; 7 (f) that written submissions about any aspect of the proposed 8 planning scheme may be made to the local government by any 9 person; 10 (g) the period (the "consultation period") during which the 11 submissions may be made; 12 (h) the requirements for making a properly made submission under 13 this part. 14 (2) The consultation period-- 15 (a) for a proposed planning scheme--must extend for at least 16 40 business days after the first publication of the notice under 17 subsection (1); and 18 (b) for a proposed amendment of a planning scheme--must extend 19 for at least 20 business days after the first publication of the notice 20 under subsection (1). 21 (3) For all of the consultation period, the local government must display 22 a copy of the notice in a conspicuous place in the local government's public 23 office. 24 access to proposed planning scheme 25 Public 13. For all of the consultation period, the local government must have a 26 copy of the proposed planning scheme available for inspection and 27 purchase. 28
264 Integrated Planning SCHEDULE 1 (continued) of all submissions 1 Consideration 14. The local government must consider every properly made 2 submission about the proposed planning scheme. 3 requirements for consultation 4 Minimum 15. Sections 12, 13 and 14 state the minimum requirements for 5 consultation with the public about the proposed planning scheme, but are 6 not intended to prevent additional consultation. 7 on proceeding with proposed planning scheme 8 Decision 16.(1) After considering every properly made submission, the local 9 government, by resolution, must decide whether to-- 10 (a) proceed with the proposed planning scheme as notified; or 11 (b) proceed with the proposed planning scheme with modifications; 12 or 13 (c) not proceed with the proposed planning scheme. 14 (2) If the local government decides to proceed with the proposed 15 planning scheme with modifications and is satisfied the modifications make 16 the proposed planning scheme significantly different from the proposed 17 planning scheme as advertised, it must recommence the process outlined in 18 this schedule from section 12. 19 to persons who made submissions about proposed 20 Reporting planning scheme 21 17.(1) This section applies if the local government receives any properly 22 made submissions about the proposed planning scheme and decides to 23 adopt the proposed planning scheme. 24 (2) The local government must prepare a report explaining in general 25 terms how it has dealt with the submissions received and give to the 26 principal submitter of each properly made submission-- 27
265 Integrated Planning SCHEDULE 1 (continued) (a) a copy of the report; or 1 (b) a copy of the part of the report relating to the matter about which 2 the submission was made. 3 proposed planning scheme for adverse effects on State 4 Reconsidering interests 5 18.(1) If the local government decides to proceed with the proposed 6 planning scheme without modifications, the local government must advise 7 the Minister it is proceeding with the proposed planning scheme without 8 modifications. 9 (2) If the local government decides to proceed with the proposed 10 planning scheme with modifications, the local government must-- 11 (a) advise the Minister it is proceeding with the proposed planning 12 scheme with modifications; and 13 (b) tell the Minister what the modifications are; and 14 (c) give the Minister a copy of the proposed planning scheme with 15 the modifications included; and 16 (d) give the Minister any other information the Minister requests 17 about the proposed planning scheme including, for example, any 18 submissions the local government has received about the 19 proposed planning scheme. 20 (3) After receiving advice under subsection (1) or (2) and any 21 information given under subsection (2)(d), the Minister must consider 22 whether or not State interests would be adversely affected by the proposed 23 planning scheme. 24 (4) The Minister must advise the local government, having regard to the 25 Minister's consideration under subsection (3)-- 26 (a) that it may adopt the proposed planning scheme; or 27 (b) that it may adopt the proposed planning scheme, but subject to 28 compliance with conditions the Minister may impose about the 29 content of the proposed planning scheme. 30
266 Integrated Planning SCHEDULE 1 (continued) (5) If the Minister advises the local government under subsection (4), the 1 Minister must identify the State planning policies the Minister is satisfied 2 are appropriately reflected in the proposed planning scheme. 3 (6) For a proposed amendment of a planning scheme, the Minister may, 4 instead of advising the local government under subsection (4), advise the 5 local government that, having regard to the Minister's consideration under 6 subsection (3), it may not proceed further with the amendment. 7 (7) Before adopting the proposed planning scheme, the local government 8 must-- 9 (a) comply with any condition about the content of the proposed 10 planning scheme imposed by the Minister under 11 subsection (4)(b); and 12 (b) subject to any conditions mentioned in paragraph (a), incorporate 13 in the proposed planning scheme the modifications mentioned in 14 subsection (2); and 15 (c) state in the proposed planning scheme the State planning policies 16 identified by the Minister under subsection (5). 17 ART 3--ADOPTION STAGE 18 P about adopting proposed planning scheme 19 Resolution 19. If a local government makes a resolution under section 9(1)(a) 20 or 9(2), the local government, by resolution, must-- 21 (a) if the local government has complied with any of the provisions 22 of part 2 the local government must comply with for making a 23 proposed planning scheme--adopt the proposed planning 24 scheme; or 25 (b) decide not to proceed with the proposed planning scheme. 26
267 Integrated Planning SCHEDULE 1 (continued) notice of adoption of, and access to, planning schemes 1 Public 20. As soon as practicable after the planning scheme has been adopted, 2 the local government must publish, at least once in both a newspaper 3 circulating generally in the local government's area and in the gazette, a 4 notice stating the following-- 5 (a) the name of the local government; 6 (b) when the planning scheme was adopted; 7 (c) if the notice is about an amendment of the planning scheme--the 8 purpose and general effect of the amendment; 9 (d) that a copy of the planning scheme is available for inspection and 10 purchase. 11 of notice and planning scheme to chief executive 12 Copy 21. On the day the local government publishes the notice (or as soon as 13 practicable after the day), the local government must give the chief 14 executive-- 15 (a) a copy of the notice; and 16 (b) 5 certified copies of the planning scheme. 17 18
268 Integrated Planning CHEDULE 2 1 ¡S PROCESS FOR MAKING TEMPORARY LOCAL 2 PLANNING INSTRUMENTS 3 section 2.1.12 4 PART 1--PROPOSAL STAGE 5 to prepare temporary local planning instrument 6 Resolution 1. A local government, by resolution, may propose a temporary local 7 planning instrument. 8 approval required to proceed 9 Minister's 2.(1) The local government must give the Minister a copy of the 10 proposed temporary local planning instrument together with a statement of 11 the reasons why the local government considers it necessary to adopt the 12 proposed instrument. 13 (2) If the Minister is satisfied the proposed instrument should be made, 14 the Minister-- 15 (a) must advise the local government it may adopt the proposed 16 instrument; and 17 (b) may impose conditions on the local government that the Minister 18 considers appropriate. 19 (3) Before adopting the proposed instrument, the local government 20 must-- 21 (a) comply with any condition about the content of the proposed 22 instrument imposed by the Minister under subsection (2)(b); and 23 (b) agree to comply with any other conditions imposed by the 24 Minister under subsection (2)(b). 25 (4) If the Minister does not consider the proposed instrument should be 26
269 Integrated Planning SCHEDULE 2 (continued) made, the Minister must advise the local government it may not adopt the 1 proposed instrument. 2 ART 2--ADOPTION STAGE 3 P about adopting proposed temporary local planning 4 Resolution instrument 5 3.(1) If a local government makes a resolution under section 1 and is 6 authorised under section 2 to adopt the proposed temporary local planning 7 instrument, the local government, by resolution, must-- 8 (a) adopt the proposed instrument; or 9 (b) if the Minister has imposed conditions for the proposed 10 instrument under section 2--adopt the proposed instrument 11 subject to the imposed conditions; or 12 (c) decide not to adopt the proposed instrument. 13 (2) If the local government acts under subsection (1)(c), the local 14 government must give the Minister a copy of the resolution and the reasons 15 for not adopting the proposed instrument. 16 notice of adoption of, and access to, temporary local planning 17 Public instruments 18 4. As soon as practicable after the temporary local planning instrument 19 has been adopted, the local government must publish, at least once in both a 20 newspaper circulating generally in the local government's area and in the 21 gazette, a notice stating the following-- 22 (a) the name of the local government; 23 (b) when the instrument was adopted; 24 (c) the purpose and general effect of the instrument; 25
270 Integrated Planning SCHEDULE 2 (continued) (d) if the instrument applies only to part of the planning scheme 1 area--a description of the land or area to which the instrument 2 applies; and 3 (e) the date when the instrument will cease to have effect; 4 (f) that a copy of the instrument is available for inspection and 5 purchase. 6 of notice and temporary local planning instrument to chief 7 Copy executive 8 5. On the day the notice is published in the gazette (or as soon as 9 practicable after the day), the local government must give the chief 10 executive-- 11 (a) a copy of the notice; and 12 (b) 5 certified copies of the temporary local planning instrument. 13 14
271 Integrated Planning CHEDULE 3 1 ¡S PROCESS FOR MAKING OR AMENDING 2 PLANNING SCHEME POLICIES 3 section 2.1.19 4 PART 1--PROPOSAL STAGE 5 proposing action 6 Resolution 1.(1) A local government, by resolution, may propose-- 7 (a) to make a planning scheme policy (whether or not the proposed 8 policy will replace an existing policy); or 9 (b) to amend a planning scheme policy. 10 (2) The local government must prepare an explanatory statement about 11 the action proposed under subsection (1). 12 PART 2--CONSULTATION STAGE 13 notice of proposed action 14 Public 2.(1) The local government must publish, at least once in a newspaper 15 circulating generally in the local government's area, a notice stating the 16 following-- 17 (a) the name of the local government; 18 (b) the name of the proposed planning scheme policy or policy being 19 amended; 20 (c) the purpose and general effect of the proposed policy or 21 amendment; 22
272 Integrated Planning SCHEDULE 3 (continued) (d) a contact telephone number for information about the proposed 1 policy or amendment; 2 (e) that the proposed policy or amendment, and the explanatory 3 statement, are available for inspection and purchase; 4 (f) that written submissions about any aspect of the proposed policy 5 or amendment may be given to the local government by any 6 person; 7 (g) the period (the "consultation period") during which the 8 submissions may be made; 9 (h) the requirements for making a properly made submission under 10 this part. 11 (2) The consultation period must be for at least 20 business days after the 12 notice is first published under subsection (1). 13 (3) For all of the consultation period, the local government must display 14 a copy of the notice in a conspicuous place in the local government's public 15 office. 16 access to relevant documents 17 Public 3. For all of the consultation period, the local government must have a 18 copy of the proposed planning scheme policy or amendment, and the 19 explanatory statement, available for inspection and purchase. 20 of all submissions 21 Consideration 4. The local government must consider every properly made submission 22 about the proposed planning scheme policy or amendment. 23
273 Integrated Planning SCHEDULE 3 (continued) ART 3--ADOPTION STAGE 1 P about adopting proposed planning scheme policy or 2 Resolution amendment 3 5.(1) After the local government has considered every properly made 4 submission about the proposed planning scheme policy or amendment, the 5 local government, by resolution, must-- 6 (a) adopt the proposed policy or amendment, as notified; or 7 (b) adopt the proposed policy or amendment, as modified, having 8 regard to any submissions made about the proposal; or 9 (c) decide not to adopt the proposed policy or amendment. 10 (2) However, if the proposed planning scheme policy or amendment was 11 proposed in response to a recommendation in a reviewer's report, 12 subsection (1) does not apply and the local government must, by resolution, 13 adopt the proposed policy or amendment. 14 to persons who made submissions about proposed action 15 Reporting 6.(1) This section applies if the local government receives any properly 16 made submissions about the proposed planning scheme policy or 17 amendment. 18 (2) The local government must advise the principal submitter of each 19 properly made submission of the decision and the reasons for the decision. 20 notice of adoption of, and access to, planning scheme policy or 21 Public amendment 22 7.(1) As soon as practicable after the local government decides to adopt a 23 planning scheme policy or amendment, the local government must publish, 24 in a newspaper circulating generally in the local government's area, a notice 25 stating the following-- 26 (a) the name of the local government; 27
274 Integrated Planning SCHEDULE 3 (continued) (b) the name of the policy adopted or amended; 1 (c) the day the resolution was made; 2 (d) the purpose and general effect of the resolution. 3 (2) If the resolution was to adopt a planning scheme policy, the notice 4 also must state the following-- 5 (a) the name of any existing policy replaced by the policy adopted; 6 and 7 (b) that a copy of the policy adopted is available for inspection and 8 purchase. 9 (3) If the resolution was to adopt an amendment of a planning scheme 10 policy, the notice also must state that a copy of the amendment is available 11 for inspection and purchase. 12 of notice and policy or amendment to chief executive 13 Copy 8. On the day the notice is published (or as soon as practicable after the 14 day), the local government must give the chief executive-- 15 (a) a copy of the notice; and 16 (b) 3 certified copies of the planning scheme policy or amendment. 17 18
275 Integrated Planning CHEDULE 4 1 ¡S PROCESS FOR MAKING OR AMENDING STATE 2 PLANNING POLICIES 3 section 2.4.3 4 ART 1--PREPARATION STAGE 5 P may prepare proposed State planning policy or amendment 6 Minister 1.(1) The Minister may prepare-- 7 (a) a proposed State planning policy; or 8 (b) a proposed amendment of a State planning policy. 9 (2) The Minister must prepare an explanatory statement about the action 10 proposed under subsection (1). 11 PART 2--CONSULTATION STAGE 12 notice of proposed action 13 Public 2.(1) If the Minister acts under section 1, the Minister must publish a 14 notice at least once in a newspaper circulating generally in the State. 15 (2) The notice may also be published in a regional newspaper the 16 Minister considers appropriate. 17 (3) The notice must state the following-- 18 (a) the name of the proposed State planning policy or policy being 19 amended; 20 (b) the purpose and general effect of the proposed policy or 21 amendment; 22
276 Integrated Planning SCHEDULE 4 (continued) (c) if the proposed policy or amendment applies only to a particular 1 area of the State--the name of the area or other information 2 necessary to adequately describe the area; 3 (d) a contact telephone number for information about the proposed 4 policy or amendment; 5 (e) that the proposed policy or amendment, and the explanatory 6 statement, are available for inspection and purchase; 7 (f) that written submissions about any aspect of the proposed policy 8 or amendment may be given to the Minister by any person; 9 (g) the period (the "consultation period") during which the 10 submissions may be given; 11 (h) the requirements for a properly made submission under this part. 12 (4) The consultation period must be for at least 40 business days after the 13 notice is first published under subsection (1). 14 access to relevant documents 15 Public 3. For all of the consultation period, the Minister must keep a copy of the 16 proposed State planning policy or amendment, and the explanatory 17 statement, available for inspection and purchase. 18 of all submissions 19 Consideration 4. The Minister must consider every properly made submission about 20 the proposed State planning policy or amendment. 21 stage does not apply in certain circumstances 22 Consultation 5. Sections 2 to 4 need not be complied with if-- 23 (a) the proposed State planning policy is to have effect for less than 24 1 year; or 25 (b) the amendment is a minor amendment of a State planning policy. 26
277 Integrated Planning SCHEDULE 4 (continued) ART 3--ADOPTION STAGE 1 P about adopting proposed State planning policy or 2 Resolution amendment 3 6.(1) Subsection (2) applies-- 4 (a) if the consultation stage applies to the proposed State planning 5 policy or amendment--after the Minister has considered every 6 properly made submission about the proposed policy or 7 amendment; or 8 (b) if the consultation stage does not apply to the proposed State 9 planning policy or amendment--after the completion of the 10 preparation stage. 11 (2) The Minister must-- 12 (a) adopt the proposed policy or amendment, as notified; or 13 (b) adopt the proposed policy or amendment, as modified, having 14 regard to any submissions made about the proposal; or 15 (c) decide not to adopt the proposed policy or amendment. 16 to persons who made submissions about proposed action 17 Reporting 7.(1) This section applies if the consultation stage applied to the proposed 18 State planning policy or amendment and the Minister received any properly 19 made submissions about the proposed State planning policy or amendment. 20 (2) The Minister must advise each principal submitter of the Minister's 21 decision and the reasons for the decision. 22 notice of adoption of, and access to, State planning policy or 23 Public amendment 24 8.(1) If the Minister adopts a State planning policy or an amendment of a 25 State planning policy, the Minister must publish a notice in the gazette and 26 in a newspaper circulating generally in the State. 27
278 Integrated Planning SCHEDULE 4 (continued) (2) The notice also may be published in a regional newspaper the 1 Minister considers appropriate. 2 (3) The notice must state the following-- 3 (a) the name of the State planning policy adopted or policy amended; 4 (b) if the policy applies only to a particular area of the State--the 5 name of the area or other information necessary to adequately 6 describe the area; 7 (c) the day the State planning policy or amendment was adopted; 8 (d) the name of any existing policy replaced by the policy adopted; 9 (e) the purpose and general effect of the policy or amendment; and 10 (f) that a copy of the policy or amendment is available for inspection 11 and purchase. 12 of State planning policies to local governments 13 Copies 9. The Minister must give each local government a copy of the State 14 planning policy or amendment adopted. 15 16
279 Integrated Planning CHEDULE 5 1 ¡S OMMUNITY INFRASTRUCTURE 2 C section 2.6.1 and schedule 10, definition "community infrastructure" 3 1. The following are community infrastructure-- 4 (a) aeronautical facilities; 5 (b) cemeteries and crematoriums; 6 (c) communication network facilities; 7 (d) community and cultural facilities, including child-care facilities, 8 community centres, meeting halls, galleries and libraries; 9 (e) correctional facilities; 10 (f) educational facilities; 11 (g) emergency services facilities; 12 (h) hospitals and associated institutions; 13 (i) jetties, wharves, port facilities and navigational facilities; 14 (j) oil and gas pipelines; 15 (j) operating works under the Electricity Act 1994; 16 (l) parks and recreational facilities (other than parks and recreational 17 facilities that are development infrastructure items); 18 (m) railway lines, stations and associated facilities; 19 (n) State-controlled roads; 20 (o) transport infrastructure mentioned in section 5.1.1;202 21 (p) urban water cycle management infrastructure mentioned in 22 section 5.1.1; 23 (q) waste management facilities; 24 202 Section 5.1.1 (Meaning of "development infrastructure item")
280 Integrated Planning SCHEDULE 5 (continued) (r) storage and works depots and the like including administrative 1 facilities associated with the provision or maintenance of the 2 community infrastructure mentioned in paragraphs (a) to (q); 3 (s) any other facility not mentioned in paragraphs (a) to (r) and 4 intended primarily to accommodate government functions. 5 6
281 Integrated Planning CHEDULE 6 1 ¡S PROCESS FOR MINISTERIAL DESIGNATIONS 2 section 2.6.7 3 PART 1--CONSULTATION STAGE 4 of proposed designation 5 Notice 1.(1) The Minister203 must give written notice of the proposed 6 designation to-- 7 (a) the owner of any land to which the proposed designation applies; 8 and 9 (b) each local government the Minister is satisfied the designation 10 affects; and 11 (c) unless the local government has been notified under 12 paragraph (b)--the local government nearest to the land proposed 13 to be designated. 14 (2) The Minister must also publish, at least once in a newspaper 15 circulating generally in the area of each local government given notice under 16 subsection (1), a notice stating the following-- 17 (a) a description or plan of the land proposed to be designated; 18 (b) the type of the proposed community infrastructure; 19 (c) the reasons for the proposed designation; 20 (d) a contact telephone number for information about the proposed 21 designation; 22 (e) that written submissions about any aspect of the proposed 23 designation may be given to the Minister by any person; 24 203 In this schedule, Minister includes any Minister of the Crown. See "Minister" in the dictionary.
282 Integrated Planning SCHEDULE 6 (continued) (f) the period (the "consultation period") during which the 1 submissions may be given; 2 (g) the requirements for making a properly made submission under 3 this part. 4 (3) The consultation period must be for at least 20 business days after the 5 notice is first published under subsection (2). 6 (4) For all of the consultation period, each local government given notice 7 under subsection (1) must display a copy of the notice in a conspicuous 8 place in the local government's public office. 9 of all submissions and other matters 10 Consideration 2. The Minister must consider-- 11 (a) every properly made submission given to the Minister; and 12 (b) each relevant planning scheme; and 13 (c) any relevant State planning policy. 14 PART 2--DESIGNATION STAGE 15 designation proposal 16 Deciding 3. After considering the matters under section 2, the Minister must-- 17 (a) make the proposed designation, as notified; or 18 (b) make the proposed designation, with modifications, having 19 regard to any submissions made about the proposal; or 20 (c) decide not to proceed with making the proposed designation. 21
283 Integrated Planning SCHEDULE 6 (continued) after designation 1 Procedures 4.(1) If the Minister designates land under section (3)(a) or (b), the 2 Minister must give a notice to-- 3 (a) each local government given notice under section 1(1); and 4 (b) each owner of land to which the designation applies; and 5 (c) each principal submitter who made a properly made submission 6 about the proposed designation. 7 (2) The notice must state the following-- 8 (a) that a designation has been made; 9 (b) the description of the land to which the designation applies; 10 (c) the type of community infrastructure for which the land has been 11 designated; 12 (d) the reasons for the designation; 13 (e) any matters included as part of the designation under 14 section 2.6.4204 of this Act. 15 (3) The Minister must also publish, in the gazette, a notice stating the 16 following-- 17 (a) that a designation has been made; 18 (b) the description of the land to which the designation applies; 19 (c) the type of community infrastructure for which the land has been 20 designated. 21 if designation does not proceed 22 Procedures 5.(1) If the Minister decides not to proceed with making the proposed 23 designation, the Minister must give a notice to the following-- 24 (a) each local government given notice under section 1(1); 25 204 Section 2.6.4 (What designations may include)
284 Integrated Planning SCHEDULE 6 (continued) (b) each owner of land to which the proposed designation applied; 1 (c) every person who made a properly made submission about the 2 proposed designation. 3 (2) The notice must state the following-- 4 (a) that the Minister has decided not to proceed with the making of 5 the proposed designation; 6 (b) the reasons for not proceeding with the making of the proposed 7 designation. 8 9
285 Integrated Planning CHEDULE 7 1 ¡S ROCESS FOR MINISTERIAL DESIGNATION IF 2 P CONSULTATION HAS PREVIOUSLY BEEN 3 CARRIED OUT 4 section 2.6.8 5 designation 6 Making 1. The Minister must make the designation. 7 after designation by Minister 8 Procedures 2.(1) After making the designation, the Minister must give a notice to-- 9 (a) each owner (other than a public sector entity) of land to which the 10 designation applies; and 11 (b) each local government the Minister is satisfied the designation 12 affects; and 13 (c) unless the local government has been notified under 14 paragraph (b)--the local government nearest to the designated 15 land. 16 (2) The notice must state the following-- 17 (a) that a designation has been made; 18 (b) the description of the land to which the designation applies; 19 (c) the type of community infrastructure for which the land has been 20 designated; 21 (d) the reasons for the designation; 22 (e) any matters included as part of the designation under 23 section 2.6.4205 of this Act. 24 205 Section 2.6.4 (What designations may include)
286 Integrated Planning SCHEDULE 7 (continued) (3) The Minister must also publish, in the gazette, a notice stating the 1 following-- 2 (a) that a designation has been made; and 3 (b) the description of the land to which the designation applies; and 4 (c) the type of community infrastructure for which the land has been 5 designated. 6 7
287 Integrated Planning CHEDULE 8 1 ¡S ASSESSABLE, SELF-ASSESSABLE AND EXEMPT 2 DEVELOPMENT 3 section 3.1.2(2) and schedule 10, definition "assessable development" 4 PART 1--ASSESSABLE DEVELOPMENT 5 1. Carrying out building work that is not self-assessable development or 6 exempt development. 7 2. Carrying out plumbing or drainage work that is not self-assessable or 8 exempt development. 9 3. Carrying out operational work-- 10 (a) (including painting or plastering) that substantially alters the 11 appearance of a building that is a registered place under the 12 Queensland Heritage Act 1992; or 13 (b) that damages, destroys or removes a protected relic under the 14 Queensland Heritage Act 1992; or 15 (c) that damages, destroys or disturbs a protected area under the 16 Queensland Heritage Act 1992; or 17 (d) that is excavation, disturbance or change to landscape or natural 18 features of land that substantially alters the appearance of a 19 registered place under the Queensland Heritage Act 1992; or 20 (e) for placing a pile or other structure on foreshores and in 21 Queensland waters other than by or on behalf of a public sector 22 entity; or 23 (f) for removing rock, stone, gravel, sand, clay, soil or similar 24 material from foreshores and Queensland waters other than by or 25 on behalf of a public sector entity; or 26 (g) (including reclamation of land) within foreshores and Queensland 27
288 Integrated Planning SCHEDULE 8 (continued) waters other than by or on behalf of a public sector entity; or 1 (h) that interferes with sand, stone, gravel, rock, clay or other earth in 2 a control district under the Coastal Protection and Management 3 Act 1995; or 4 (i) draining or allowing drainage across unallocated State land in a 5 control district under the Coastal Protection and Management 6 Act 1995; or 7 (j) constructing a canal within the meaning of the Canals Act 1958; 8 or 9 (k) repairing, maintaining or renewing a structure retaining reclaimed 10 land under the Land Act 1994, section 127;206 or 11 (l) on a State-controlled road (whether or not for road works) carried 12 out other than by or on behalf of a public sector entity; or 13 (m) for road works in a control district under the Coastal Protection 14 and Management Act 1995; or 15 (n) that are ancillary works and encroachments (not mentioned in 16 part 3) gazetted under the Transport Infrastructure Act 1994, 17 section 47(2) on a State-controlled road; or 18 (o) for an advertising device that is visible from a motorway but is 19 beyond the boundaries of the motorway, if the assessment 20 manager is satisfied the device is reasonably likely to create a 21 traffic hazard for the motorway; or 22 (p) constructing a non-accredited railway (within the meaning of the 23 Transport Infrastructure Act 1994, section 151) on a water 24 course; or 25 (q) on strategic port land under the Transport Infrastructure Act 26 1994; or 27 (r) constructing miscellaneous transport infrastructure within the 28 meaning of the Transport Infrastructure Act 1994; or 29 206 Land Act 1994, section 127 (Reclaimed land)
289 Integrated Planning SCHEDULE 8 (continued) (s) for permitted activities in the wet tropics area under the Wet 1 Tropics World Heritage Protection and Management Act 1993; 2 or 3 (t) that might destroy, damage, deface, excavate, expose, conceal or 4 interfere with an item of the Queensland Estate under the Cultural 5 Record (Landscapes Queensland and Queensland Estate) Act 6 1987. 7 4. Reconfiguring a lot under the Land Title Act 1994, unless the plan of 8 subdivision necessary for the reconfiguration-- 9 (a) is a building format plan of subdivision; or 10 (b) under the Land Title Act 1994, section 50(g), does not require the 11 approval of a local government. 12 5. Making a material change of the use of premises (other than a material 13 change in the character, intensity or scale of the use of the premises)-- 14 (a) if the premises is a registered place under the Queensland 15 Heritage Act 1992; or 16 (b) within a harbour; or 17 (c) on strategic port land under the Transport Infrastructure Act 18 1994; or 19 (d) for a piggery, beef cattle lot feeding enterprise, or any noxious 20 industry or land use within a catchment area under the Water 21 Resources Act 1989; or 22 (e) prescribed under a regulation as requiring assessment in relation 23 to contaminated land. 24 6. Making a material change of the use of premises in carrying out an 25 environmentally relevant activity under the Environmental Protection 26 Act 1994. 27
290 Integrated Planning SCHEDULE 8 (continued) PART 2--SELF-ASSESSABLE DEVELOPMENT 1 Division 1--Self-assessable development that may be made assessable 2 development 3 7.(1) All building work in relation to a class 10 building under the 4 Building Code of Australia, part A3 (other than building work mentioned in 5 part 3 of this schedule) that is-- 6 (a) a greenhouse, pergola, gazebo, shed or the like; or 7 (b) a fence, other than swimming pool fencing required to be 8 constructed by the Building Act 1975, part 4B; or 9 (c) a non-load bearing aerial, antenna, flagpole, mast or tower, that 10 is-- 11 (i) if it is detached from a building--is not more than 10 m 12 high; or 13 (ii) if it is attached to a building--is not more than 2.5 m high. 14 (2) Subsection (1) does not apply to building work in-- 15 (a) the wet tropics area under the Wet Tropics World Heritage 16 Protection and Management Act 1993; or 17 (b) a designated landscape area under the Cultural Record 18 (Landscapes Queensland and Queensland Estate) Act 1987; or 19 (c) a registered place under the Queensland Heritage Act 1992. 20 Division 2--Self-assessable development that may not be made 21 assessable development or exempt development 22 8. Maintenance or repair of existing plumbing or drainage work 23 (including replacement of plumbing or drainage pipes, unblocking drains 24 and replacement of fixtures not directly connected to the water supply). 25
291 Integrated Planning SCHEDULE 8 (continued) 9. All building work that would be assessable development if it were not 1 carried out by or on behalf of the State, a public sector entity or a local 2 government. 3 PART 3--EXEMPT DEVELOPMENT THAT MAY 4 NOT BE MADE ASSESSABLE OR SELF-ASSESSABLE 5 DEVELOPMENT 6 10. A material change of use of premises, or operational work, for an 7 activity authorised under-- 8 (a) the Mineral Resources Act 1989, including an activity for the 9 purpose of 1 or more of the following Acts-- 10 · Alcan Queensland Pty Limited Agreement Act 1965; 11 · Aurukun Associates Agreement Act 1975; 12 · Central Queensland Coal Associates Agreement Act 1968; 13 · Commonwealth Aluminium Corporation Pty Limited 14 Agreement Act 1957; 15 · Mount Isa Mines Agreement Act 1985; 16 · Queensland Cement and Lime Company Agreement Act 17 1977; 18 · Queensland Nickel Agreement Act 1970; 19 · Theiss Peabody Mitsui Pty Ltd Agreements Act 1962; or 20 (b) the Petroleum Act 1923 (other than an activity relating to the 21 construction and operation of an oil refinery); or 22 (c) the Petroleum (Submerged Lands) Act 1982. 23 11.(1) All building work in relation to a class 10 building under the 24
292 Integrated Planning SCHEDULE 8 (continued) Building Code of Australia, part A3 used exclusively for the purposes of a 1 greenhouse, pergola, gazebo, shed or the like, if-- 2 (a) the work is to be performed on land used for agricultural, 3 horticultural, floricultural or pastoral purposes; and 4 (b) no part of the building is within 200 m of any road or within 5 200 m of any boundary of the land on which the building is 6 situated. 7 (2) Subsection (1) does not apply to building work in-- 8 (a) the wet tropics area under the Wet Tropics World Heritage 9 Protection and Management Act 1993; or 10 (b) a designated landscape area under the Cultural Record 11 (Landscapes Queensland and Queensland Estate) Act 1987; or 12 (c) a registered place under the Queensland Heritage Act 1992. 13 12. A material change of use for a class 1 or class 2 building under the 14 Building Code of Australia, part A3 if the use is for providing support 15 services and short term accommodation for persons escaping domestic 16 violence. 17 13. Operational work associated with-- 18 (a) management practices for the conduct of an agricultural use; and 19 (b) weed control, pest control, fire hazard reduction and the 20 conservation or restoration of natural areas; and 21 (c) the use of premises for forestry (including the managing, felling 22 and removal of standing timber in a native forest for a business 23 and the planting, managing, felling and removal of standing 24 timber in a plantation for a business and roads, drainage and other 25 engineering works). 26 14. Reconfiguring a lot other than a lot within the meaning of the Land 27 Title Act 1994. 28 15. Reconfiguring a lot under the Land Title Act 1994, if the plan of 29 subdivision necessary for the reconfiguration-- 30
293 Integrated Planning SCHEDULE 8 (continued) (a) is a building format plan of subdivision; or 1 (b) under the Land Title Act 1994, section 50(g), does not require the 2 approval of a local government. 3 16. Development a person is directed to carry out under a notice, order or 4 direction made under a State law. 5 17. Operational work or plumbing or drainage work (including 6 maintenance or repair work) if the work is carried out by or on behalf of a 7 public sector entity authorised under a State law to carry out the work. 8 18. Operational work that is digging or boring into land by an authorised 9 person under Coastal Protection and Management Act 1995, section 70. 10 19. Operational work that is ancillary works and encroachments that are 11 carried out in accordance with requirements specified by gazette notice by 12 the chief executive under the Transport Infrastructure Act 1994 or done as 13 required by a contract entered into with the chief executive under the 14 Transport Infrastructure Act 1994, section 47. 15 20. Operational work for the construction of a substituted railway 16 crossing by a railway manager in response to an emergency under the 17 Transport Infrastructure Act 1994, section 100. 18 21. Operational work performed by Queensland Rail under the 19 Transport Infrastructure Act 1994, section 150. 20 PART 4--DEFINITIONS FOR SCHEDULE 8 21 22. In this schedule-- 22 "ancillary works and encroachments" means the following things-- 23 (a) sugar tramways; 24 (b) monorails; 25 (c) bridges, overhead conveyors or other overhead structures; 26
294 Integrated Planning SCHEDULE 8 (continued) (d) tunnels; 1 (e) rest area facilities; 2 (f) monuments or statues; 3 (g) advertising signs or other advertising devices; 4 (h) traffic and service signs; 5 (i) bores, wells, pumps, windmills, pipes, channels, culverts, 6 viaducts, tanks or dams; 7 (j) cables; 8 (k) means of access; 9 (l) paths or bikeways; 10 (m) grids or other stock facilities; 11 (n) buildings, shelters, awnings or mail boxes; 12 (o) poles, lighting, gates or fences. 13 14
295 Integrated Planning CHEDULE 9 1 ¡S CONSEQUENTIAL AMENDMENTS 2 section 6.3.1 3 OCAL GOVERNMENT ACT 1993 4 ´L 1. Section 4, definition "local government Act", `Local Government 5 (Planning and Environment) Act 1990'-- 6 omit, insert-- 7 `Integrated Planning Act 1997'. 8 2. After section 464-- 9 insert-- 10 `Local laws and local law policies about development 11 `464A.(1) A local law or a local law policy made on or after the 12 commencement of the Integrated Planning Act 1997, chapter 3 must not 13 establish a process about development, within the meaning of that Act, that 14 is similar to or duplicates all or part of the processes detailed in chapter 3 of 15 that Act. 16 `(2) A local law or a local law policy, to the extent the law or policy is 17 contrary to subsection (1), is of no effect. 18 `(3) If a provision of a local law or a local law policy made before the 19 commencement of the Integrated Planning Act 1997, chapter 3 deals with 20 development, within the meaning of that Act, the provision may not be 21 amended but may be repealed.'. 22 23
296 Integrated Planning SCHEDULE 10 1 ¡ ICTIONARY 2 D section 1.3.1 3 "accrediting body" means a body prescribed under a regulation or 4 specified in a planning scheme as a body that may give accreditation to 5 private certifiers. 6 "acknowledgment notice" see section 3.2.3(1). 7 "acknowledgment period" see section 3.2.3(1). 8 "advice agency", for a development application, means an entity prescribed 9 under a regulation as an advice agency for the application, or if the 10 functions of the entity in relation to the application have been devolved 11 or delegated to another entity, the other entity. 12 "agency's referral day", for a referral agency, means the day the agency 13 receives the things mentioned in see section 3.3.3(1)(a), (b) and (c). 14 "appellant" means a person who appeals to the court or a tribunal under 15 chapter 4. 16 "applicant", for chapter 3, means the applicant for a development 17 application. 18 "applicant", for a development application mentioned in chapter 4, 19 includes the person in whom the benefit of the application vests. 20 "applicant's appeal period", for an appeal-- 21 (a) by an appellant to the court--see section 4.1.27(2); or 22 (b) by an appellant to a tribunal--see section 4.2.9(2). 23 "application", for chapter 3, means a development application. 24 "approved form" see section 5.8.1. 25 "assessable development" means development-- 26 (a) for all or part of the State--shown in schedule 8, part 1 as 27
297 Integrated Planning SCHEDULE 10 (continued) assessable development; and 1 (b) for all or part of a planning scheme area--declared under the 2 planning scheme for the area to be assessable development. 3 "assessing authority" means-- 4 (a) for development covered by a development permit--the 5 assessment manager giving the permit; or 6 (b) for assessable development not covered by a development 7 permit--the entity that would have been the assessment manager 8 if a development application had been made for a development 9 permit; or 10 (c) for development covered by a development permit subject to 11 conditions imposed by a concurrence agency--the concurrence 12 agency; or 13 (d) for assessable development not covered by a development 14 permit--an entity that would have been a concurrence agency if a 15 development application had been made for a development 16 permit; or 17 (e) for any other matter--the local government. 18 "assessment manager" see section 3.1.7. 19 "available for inspection and purchase" see section 5.7.1. 20 "benchmark development sequence" means a development sequence in a 21 planning scheme-- 22 (a) applying to the areas in the planning scheme where residential 23 development is preferred over a 15 year period (or other period 24 agreed to by the Minister); and 25 (b) dividing the sequence into successive 5 year periods (or other 26 period agreed to by the Minister); and 27 (c) containing the matters prescribed under a regulation. 28 "building" includes-- 29 (a) a wall, fence or other structure; and 30
298 Integrated Planning SCHEDULE 10 (continued) (b) a temporary building or temporary structure; and 1 (c) any part of a building or structure; and 2 (d) anything attached to or projecting from a building. 3 "building work" see section 1.3.5. 4 "capital costs", for items of infrastructure, includes the cost of planning 5 and designing the item. 6 "certified copy", of a document, means-- 7 (a) for a document held by a local government--a copy of the 8 document certified by the chief executive officer of the local 9 government as a true copy of the document; and 10 (b) for a document held by an assessment manager--a copy of the 11 document certified by the assessment manager or the chief 12 executive officer of the assessment manager as a true copy of the 13 document; and 14 (c) for a document held by a concurrence agency--a copy of the 15 document certified by the chief executive officer of the 16 concurrence agency as a true copy of the document; and 17 (d) for a document held by the department--a copy of the document 18 certified by the chief executive of the department as a true copy of 19 the document; and 20 (e) for a document held by the Minister--a copy of the document 21 certified by the chief executive of any department the Minister has 22 responsibility for as a true copy of the document. 23 "code" means a document or part of a document identified as a code in a 24 planning instrument or identified as a code for IDAS in this Act or 25 another Act.207 26 "code assessment" means the assessment of development by the 27 assessment manager only against the common material and applicable 28 207 Under the Acts Interpretation Act 1954, section 7, "Act" includes a reference to a statutory instrument made or in force under an Act.
299 Integrated Planning SCHEDULE 10 (continued) codes (other than codes, or parts of codes, a concurrence agency is 1 required to assess an application against). 2 "common material", for a development application, means-- 3 (a) all the material about the application the assessment manager has 4 received in the first 3 stages of IDAS, including any concurrence 5 agency requirements, advice agency recommendations and 6 contents of submissions that have been accepted by the 7 assessment manager; and 8 (b) if a development approval for the development has not 9 lapsed--the approval. 10 "community infrastructure" means community infrastructure stated in 11 schedule 5. 12 "concurrence agency", for a development application, means an entity 13 prescribed under a regulation as a concurrence agency for the 14 application, or if the functions of the entity in relation to the application 15 have been devolved or delegated to another entity, the other entity. 16 "concurrence agency condition", for a development approval, means a 17 condition imposed on the approval by a concurrence agency. 18 "consolidated planning scheme" means a document that accurately 19 combines a local government's planning scheme, as originally made, 20 with all amendments made to the planning scheme since the planning 21 scheme was originally made. 22 "consultation period" for-- 23 (a) making or amending a planning scheme--see schedule 1, 24 section 12(2)(g); or 25 (b) making or amending a planning scheme policy--see schedule 3, 26 section 2(1)(g); or 27 (c) making or amending a State planning policy--see schedule 4, 28 section 2(3)(g); or 29 (d) making a ministerial designation of land--see schedule 6, 30 section 1(3)(f); or 31
300 Integrated Planning SCHEDULE 10 (continued) (e) a review under chapter 2, part 2, division 2--see 1 section 2.2.12(2). 2 "convicted" includes being found guilty, and the acceptance of a plea of 3 guilty, by a court. 4 "core matter" see schedule 1, section 3. 5 "court" means the Planning and Environment Court continued in existence 6 under section 4.1.1. 7 "currency period", for a development approval, see section 3.5.21. 8 "decision making period" see section 3.5.7. 9 "decision notice" see section 3.5.15. 10 "deemed refusal" means a refusal that is taken to have happened if a 11 decision is not made-- 12 (a) for a development application--by the end of the decision making 13 period (including any extension of the decision making period); 14 and 15 (b) for a request to make a change to a development approval or for 16 an amendment or cancellation of a condition of a development 17 approval--within the time allowed under this Act for the decision 18 to be made; and 19 (c) for a request made by a person under section 2.6.22 or for a claim 20 for compensation under chapter 5--by the time for making the 21 decision has ended. 22 "designate" means identify for community infrastructure. 23 "designated land" means land designated under chapter 2, part 6. 24 "designation cessation day" see section 2.6.14. 25 "designator" means the Minister or the local government who designated 26 land under chapter 2, part 6. 27 "desired standard of service" see section 5.1.2. 28 "development" see section 1.3.2. 29
301 Integrated Planning SCHEDULE 10 (continued) "development application" means an application for a development 1 approval. 2 "development approval" means a decision notice or a negotiated decision 3 notice that-- 4 (a) approves, wholly or partially, development applied for in a 5 development application (whether or not the approval has 6 conditions attached to it); and 7 (b) is in the form of a preliminary approval, a development permit or 8 an approval combining both a preliminary approval and a 9 development permit in the one approval.208 10 "development infrastructure item" see section 5.1.1. 11 "development offence" means an offence against section 4.3.1, 4.3.2, 12 4.3.3, 4.3.4 or 4.3.5. 13 "development permit" see section 3.1.5(3). 14 "drainage work" see section 1.3.5. 15 "ecological sustainability" see section 1.3.3. 16 "enforcement notice" see section 4.3.11. 17 "enforcement order" see section 4.3.22(1)(a). 18 "entity" includes a department. 19 "environment" includes-- 20 (a) ecosystems and their constituent parts including people and 21 communities; and 22 (b) all natural and physical resources; and 23 (c) those qualities and characteristics of locations, places and areas, 24 however large or small, that contribute to their biological diversity 25 and integrity, intrinsic or attributed scientific value or interest, 26 amenity, harmony, and sense of community; and 27 208 Under section 3.5.11(3), conditions attached to a development approval are part of the approval.
302 Integrated Planning SCHEDULE 10 (continued) (d) the social, economic, aesthetic and cultural conditions affecting 1 the matters in paragraphs (a), (b) and (c) or affected by those 2 matters. 3 "executive officer", of a corporation, means a person who is concerned 4 with, or takes part in, the corporation's management, whether or not 5 the person is a director or the person's position is given the name of 6 executive officer. 7 "exempt development" is development other than assessable or 8 self-assessable development. 9 "IDAS" see section 3.1.1. 10 "impact assessment" means the assessment (other than code assessment) 11 of-- 12 (a) the environmental effects of proposed development; and 13 (b) the ways of dealing with the effects. 14 "information request" see sections 3.3.6 and 3.3.7. 15 "information request period" see section 3.3.6. 16 "infrastructure" includes land, facilities, services and works used for 17 supporting economic activity and meeting environmental needs. 18 "infrastructure agreement" see section 5.2.1. 19 "infrastructure charge" see section 5.1.5. 20 "infrastructure charges plan" see section 5.1.4. 21 "interim enforcement order" see section 4.3.22(1)(b). 22 "land" includes-- 23 (a) any estate in, on, over or under land; and 24 (b) the airspace above the surface of land and any estate in the 25 airspace; and 26 (c) the subsoil of land and any estate in the subsoil. 27 "lawful use" see section 1.3.4. 28
303 Integrated Planning SCHEDULE 10 (continued) "life cycle cost" see section 5.1.3. 1 "local community purpose" means public recreation predominantly 2 serving a local area, or other purpose prescribed under a regulation. 3 "local government area" means a part of the State established as a local 4 government area under the Local Government Act 1993. 5 "local planning instrument" means a planning scheme, temporary local 6 planning instrument or planning scheme policy. 7 "lot" see section 1.3.5. 8 "material change of use" see section 1.3.5. 9 "Minister", in chapter 2, part 6 and in schedules 6 and 7, means any 10 Minister of the Crown. 11 "minor amendment", of a planning instrument, means an amendment 12 correcting or changing-- 13 (a) an explanatory matter about the instrument; or 14 (b) the format or presentation of the instrument; or 15 (c) a grammatical error in the instrument; or 16 (d) a factual matter incorrectly stated in the instrument. 17 "minor change", for a development approval, means a change to the 18 approval that would not, if the application for the approval were 19 remade including the change-- 20 (a) require referral to additional concurrence agencies; or 21 (b) cause development previously requiring only code assessment to 22 require impact assessment; or 23 (c) for a development requiring impact assessment--be likely, in the 24 assessment manager's opinion, to cause a person to make a 25 properly made submission objecting to the proposal, if the 26 circumstances allowed. 27 "negotiated decision notice" see section 3.5.17(1). 28
304 Integrated Planning SCHEDULE 10 (continued) "network", for development infrastructure items, includes part of a 1 network. 2 "notification period", for a development application, see section 3.4.5. 3 "operational work" see section 1.3.5. 4 "owner", of land, means the person for the time being entitled to receive 5 the rent for the land or would be entitled to receive the rent for it if it 6 were let to a tenant at a rent. 7 "party", for an appeal to the court or a tribunal, means the appellant, the 8 respondent, any co-respondent for the appeal and, if the Minister is 9 represented in the appeal, the Minister. 10 "person" includes a body of persons, whether incorporated or 11 unincorporated. 12 "planning instrument" means a State planning policy, planning scheme, 13 temporary local planning instrument or planning scheme policy. 14 "planning scheme" see section 2.1.1. 15 "planning scheme area" see section 2.1.2. 16 "planning scheme policy" see section 2.1.16. 17 "plumbing work" see section 1.3.5. 18 "preliminary approval" see section 3.1.5(1). 19 "premises" means-- 20 (a) a building; or 21 (b) land (whether or not a building is situated on the land). 22 "principal submitter", for a properly made submission about a 23 development application, means-- 24 (a) if a submission is made by 1 person--the person; or 25 (b) if a submission is made by more than 1 person--the person 26 identified as the principal submitter or if no person is identified as 27 the principal submitter the submitter whose name first appears on 28 the submission. 29
305 Integrated Planning SCHEDULE 10 (continued) "private certifier" see section 5.3.3. 1 "properly made application" see section 3.2.1(6). 2 "properly made submission" means a submission that-- 3 (a) is in writing and is signed by each person who made the 4 submission; and 5 (b) is received on or before the last day of-- 6 (i) if the submission is about a development application--the 7 notification period; or 8 (ii) in any other case--the consultation period or preliminary 9 consultation period; and 10 (c) states the name and address of each person who made the 11 submission; and 12 (d) states the grounds of the submission and the facts and 13 circumstances relied on in support of the grounds; and 14 (e) is made-- 15 (i) if the submission is about a development application--to the 16 assessment manager; or 17 (ii) if the submission is about a proposed planning scheme, a 18 proposed planning scheme policy or a proposed amendment 19 of a planning scheme or a proposed amendment of a 20 planning scheme policy--to the local government; or 21 (iii) if the submission is about a proposed planning scheme or a 22 proposed amendment of a planning scheme being carried 23 out by the Minister--to the Minister; or 24 (iv) if the submission is about a review under chapter 2, part 2, 25 division 2--to the chief executive; or 26 (v) if the submission is about a proposed State planning policy 27 or a proposed amendment of a State planning policy--to the 28 Minister; or 29
306 Integrated Planning SCHEDULE 10 (continued) (vi) if the submission is about a ministerial designation--to the 1 Minister. 2 "public office", of a local government, means the premises kept as its 3 public office under the Local Government Act 1993, section 37.209 4 "public sector entity" means-- 5 (a) a department or part of a department; or 6 (b) an agency, authority, commission, corporation, instrumentality, 7 office, or other entity, established under an Act for a public or 8 State purpose. 9 "reconfiguring a lot" see section 1.3.5. 10 "referral agency" means a concurrence agency or advice agency. 11 "referral agency's assessment period" see section 3.3.14. 12 "referral agency's response" see section 3.3.16. 13 "referral assistance" see section 3.3.10. 14 "referral coordination" see section 3.3.5. 15 "regional planning advisory committee" means a regional planning 16 advisory committee established under section 2.5.2. 17 "repealed Act" means the Local Government (Planning and Environment) 18 Act 1990. 19 "replacement private certifier" see section 5.3.12(1). 20 "requesting authority" see section 3.3.8(1). 21 "reviewer's report" means a report prepared by a reviewer under 22 section 2.2.17(1). 23 209 Local Government Act 1993, section 37 (Site of public office)
307 Integrated Planning SCHEDULE 10 (continued) "road" has the same meaning as in the Transport Infrastructure Act 1 1994.210 2 "self-assessable development" means development-- 3 (a) for all or part of the State--shown in under schedule 8, part 2 as 4 self-assessable development; and 5 (b) for all or part of a planning scheme area--declared under the 6 planning scheme for the area to be self-assessable development. 7 "show cause notice" see section 4.3.9. 8 "stage" of IDAS, means a stage of the IDAS process mentioned in 9 section 3.1.9. 10 "State-controlled road" has the same meaning as in the Transport 11 Infrastructure Act 1994.211 12 "State interest" means-- 13 (a) an interest that, in the Minister's opinion, affects an economic or 14 environmental interest of the State or a region; or 15 (b) an interest in ensuring there is an efficient, effective and 16 accountable planning and development assessment system. 17 "State planning policy" see section 2.4.1. 18 210 Under the Transport Infrastructure Act 1994-- ` "road" means-- (a) an area of land dedicated to public use as a road; or (b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or (d) a pedestrian or bicycle path; or (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d).'. 211 Under the Transport Infrastructure Act 1994-- ` "State-controlled road" means a road or land, or part of a road or land, declared under section 23 to be a State-controlled road, and, for chapter 5, part 5, division 2, subdivision 2, see section 50.'.
308 Integrated Planning SCHEDULE 10 (continued) "submitter", for a development application, means a person who makes a 1 properly made submission about the application. 2 "submitter's appeal period" see section 4.1.28(2). 3 "superseded planning scheme", for a planning scheme area, means the 4 planning scheme, or any related planning scheme policies, in force 5 immediately before the planning scheme or policies, under which a 6 development application is made, were adopted or the amendment, 7 creating the superseded planning scheme, was adopted. 8 "temporary local planning instrument" see section 2.1.9. 9 "transitional development application" means-- 10 (a) for development that would not have required a development 11 permit under a superseded planning scheme but requires a 12 development permit under the planning scheme in force at the 13 time the application is made, a development application-- 14 (i) in which the applicant advises that the applicant intends to 15 carry out development under the superseded planning 16 scheme; and 17 (ii) made only to a local government as assessment manager; 18 and 19 (iii) made within 2 years after the day the planning scheme or 20 planning scheme policy creating the superseded planning 21 scheme was adopted or the amendment creating the 22 superseded planning scheme was adopted. 23 (b) for any other development, a development application-- 24 (i) in which the applicant requests the assessment manager to 25 assess the application under a superseded planning scheme; 26 and 27 (ii) made only to a local government as assessment manager; 28 and 29 (iii) made within 2 years after the day the planning scheme or 30 planning scheme policy creating the superseded planning 31
309 Integrated Planning SCHEDULE 10 (continued) scheme was adopted or the amendment creating the 1 superseded planning scheme was adopted. 2 "tribunal" means a building and development tribunal established under 3 section 4.2.1. 4 "use" , in relation to premises, includes any use incidental to and necessarily 5 associated with the use of the premises. 6 7 © State of Queensland 1997