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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Iconic Queensland Places Bill
2008
Queensland
Iconic Queensland Places Bill 2008
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Interpretation
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 What is an iconic place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Declarations
Division 1 Making declarations
5 Declaration of iconic values for iconic places under sch 1 . . . . . . 7
6 Minister's power to declare additional iconic places . . . . . . . . . . . 8
7 Declarations are not subordinate legislation . . . . . . . . . . . . . . . . 9
8 Ministerial guidelines about gauging local community support
for iconic place declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Publication of and access to information about iconic areas
9 Publication of declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Access to declarations and sch 1 maps . . . . . . . . . . . . . . . . . . . . 10
Part 3 Making or amending local planning instruments for iconic
places
Division 1 Preliminary
11 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Modifications to general scheme and structure plan
processes
12 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Report about impact on iconic values . . . . . . . . . . . . . . . . . . . . . 12
14 No dispensation of consultation under general scheme process . 12
15 Ministerial consideration of effect on iconic values before public
notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Iconic Queensland Places Bill 2008
Contents
16 Treatment of scheme proposal if Minister considers the iconic
values are affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Public notification of impact report . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Reconsideration of scheme proposal after public notification . . . 14
19 Treatment of scheme proposal if reconsideration is that the
iconic values are affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Modifications to TLPI process
20 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Report about impact on iconic values . . . . . . . . . . . . . . . . . . . . . 15
22 Ministerial consideration of effect on iconic values. . . . . . . . . . . . 15
23 Treatment of proposed TLPI if Minister considers the iconic
values are affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 4 Modifications to scheme policy process
24 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Deferral of consultation stage. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Report about impact on iconic values . . . . . . . . . . . . . . . . . . . . . 17
27 Giving of policy proposal and impact report to Minister . . . . . . . . 17
28 Ministerial consideration of effect on iconic values. . . . . . . . . . . . 17
29 Treatment of policy proposal if Minister considers the iconic
values are affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 4 Development assessment in iconic places
Division 1 Preliminary
30 Meaning of Minister for pt 4, other than div 5 . . . . . . . . . . . . . . . . 18
Division 2 Development assessment panels for iconic places
Subdivision 1 Establishment and functions
31 Minister's obligation to establish and appoint members . . . . . . . . 18
32 Notice to relevant local government . . . . . . . . . . . . . . . . . . . . . . . 18
33 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2 Panel membership
34 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Disclosure of material personal interests . . . . . . . . . . . . . . . . . . . 20
Subdivision 3 Miscellaneous provisions
37 Panel represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Annual report by each panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Conduct of panel's business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Appointment of officers to help panel . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
Iconic Queensland Places Bill 2008
Contents
41 Delegation of Minister's functions under div 2 . . . . . . . . . . . . . . . 22
Division 3 Reference to panel
42 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Decision stage does not start until after reference decision. . . . . 22
44 Making of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Making of reference decision by panel . . . . . . . . . . . . . . . . . . . . . 23
46 Notice of reference decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Effect of reference decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Deciding of application by panel
48 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Local government proceeds with decision stage up to decision
notice ........................................... 24
50 Local government's decision becomes a recommendation to
the panel ......................................... 24
51 Notice to panel of local government's decision . . . . . . . . . . . . . . 25
52 Panel decides application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
53 Panel's decision become the assessment manager's decision . . 25
54 Provision about appeals against decision . . . . . . . . . . . . . . . . . . 26
Division 5 Ministerial reversal of reference decision
Subdivision 1 Preliminary
55 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
56 Meaning of Minister for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 2 Reversal provisions
57 Power to reverse panel's decision . . . . . . . . . . . . . . . . . . . . . . . . 27
58 Effect of reversal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 6 Changes to development approvals decided by panel
59 Panel decides request for change . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 5 Requirements for changing or extending local laws
identified in declarations
Division 1 Preliminary
60 Application and operation of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Requirements for all types of proposed action
61 Report about impact on iconic values . . . . . . . . . . . . . . . . . . . . . 29
62 Requirements for consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3 Additional requirements if State interests must be
considered
63 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 3
Iconic Queensland Places Bill 2008
Contents
64 Giving of report to LGA Minister when Minister's advice sought . 30
65 Iconic place and iconic values included in considering State
interests ........................................ 31
Division 4 Additional requirements for other types of proposed action
66 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
67 Public notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . 31
68 Public access to impact report . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 6 Miscellaneous provisions
69 Master plan applications for iconic places . . . . . . . . . . . . . . . . . . 32
70 Consideration of iconic values in local government
policy-making ............................... 32
71 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 7 Transitional provisions
72 Deferral of pt 3 for a local government until after changeover
day ........................................ 33
73 Development applications decided before changeover day . . . . . 34
74 Development applications made but not decided before
changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Schedule 1 Iconic places at commencement of Act . . . . . . . . . . . . . . . . . 35
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Page 4
2008
A Bill
for
An Act to protect particular places in Queensland with iconic
characteristics or qualities
Iconic Queensland Places Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Iconic Queensland Places Act 5
2008. 6
2 Purpose of Act and its achievement 7
(1) The purpose of this Act is to protect places with 8
characteristics or qualities in their natural or built environment 9
that reflect or contribute in a substantial way to Queensland's 10
character. 11
(2) The purpose is achieved primarily by-- 12
(a) identifying, under schedule 1, some of the places and by 13
providing, under section 6, for the Minister to declare 14
others; and 15
(b) modifying laws and procedures about planning and 16
development assessment by local governments in the 17
places; and 18
(c) imposing additional requirements for making changes to 19
particular local laws relating to the places. 20
Page 6
Iconic Queensland Places Bill 2008
Part 2 Declarations
[s 3]
Division 2 Interpretation 1
3 Definitions 2
(1) The dictionary in schedule 2 defines particular words used in 3
this Act. 4
(2) Other words used in this Act that are defined under the 5
Integrated Planning Act, schedule 10 have the meaning given 6
to them under that schedule. 7
4 What is an iconic place 8
An iconic place is a place-- 9
(a) stated in schedule 1; or 10
(b) declared under section 6 to be an iconic place. 11
Part 2 Declarations 12
Division 1 Making declarations 13
5 Declaration of iconic values for iconic places under sch 1 14
(1) This section applies for each of the iconic places stated in 15
schedule 1. 16
(2) The Minister must, by gazette notice, make a declaration that 17
identifies-- 18
(a) the characteristics or qualities of the place's natural or 19
built environment that the Minister is satisfied reflect or 20
contribute in a substantial way to Queensland's 21
character (the place's iconic values); and 22
(b) any provisions (each a protected planning provision) of 23
the local planning instruments of each relevant local 24
Page 7
Iconic Queensland Places Bill 2008
Part 2 Declarations
[s 6]
government that the Minister is satisfied protect the 1
place's iconic values; and 2
(c) any local laws of each relevant local government that the 3
Minister is satisfied protect the place's iconic values. 4
(3) The declaration must be gazetted as soon as practicable after 5
the date of assent of this Act. 6
6 Minister's power to declare additional iconic places 7
(1) The Minister may, by gazette notice, declare (an iconic place 8
declaration) a place to be an iconic place if the place-- 9
(a) after the changeover day for a new local government 10
area under the Local Government Act, chapter 3, part 11
1C, will be in the new local government area; or 12
(b) is in a new local government area under the Local 13
Government Act, chapter 3, part 1C. 14
(2) However, the Minister can not make an iconic place 15
declaration after 30 June 2008. 16
(3) Also, an iconic place declaration may be made only if the 17
Minister is satisfied that-- 18
(a) the characteristics or qualities of the place's natural or 19
built environment reflect or contribute in a substantial 20
way to Queensland's character; and 21
(b) the place is under pressure from population growth and 22
new development; and 23
(c) there is a demonstrated threat to the characteristics or 24
qualities; and 25
(d) local planning instruments for the place contribute in a 26
substantial way to the protection of the characteristics or 27
qualities; and 28
(e) there is substantial support by the local community in 29
the place for the making of the declaration. 30
(4) An iconic place declaration must identify-- 31
(a) the place; and 32
Page 8
Iconic Queensland Places Bill 2008
Part 2 Declarations
[s 7]
(b) the place's characteristics or qualities mentioned in 1
subsection (2)(a) for which the declaration is made (the 2
place's iconic values); and 3
(c) any provisions (each a protected planning provision) of 4
the local planning instruments of each relevant local 5
government that the Minister is satisfied protect the 6
place's iconic values; and 7
(d) any local laws of each relevant local government that the 8
Minister is satisfied protect the place's iconic values. 9
7 Declarations are not subordinate legislation 10
A declaration is not subordinate legislation. 11
8 Ministerial guidelines about gauging local community 12
support for iconic place declaration 13
(1) The Minister may, by gazette notice, publish guidelines about 14
how the Minister proposes to work out whether there is 15
substantial support by a local community in a proposed iconic 16
place for the making of an iconic place declaration for the 17
place. 18
(2) In deciding whether to make an iconic place declaration for 19
the place, the Minister may consider, but is not bound by, the 20
guidelines. 21
Division 2 Publication of and access to 22
information about iconic areas 23
9 Publication of declarations 24
(1) As soon as practicable after making a declaration the Minister 25
must-- 26
(a) give a copy to-- 27
(i) each relevant local government; and 28
Page 9
Iconic Queensland Places Bill 2008
Part 2 Declarations
[s 10]
(ii) any other local government that, under the Local 1
Government Act, chapter 3, part 1C, is a merging 2
local government in relation to the relevant local 3
government; and 4
(b) publish a copy of the gazette notice in a newspaper 5
circulating in the place the subject of the declaration. 6
(2) A failure to comply with subsection (1) does not invalidate or 7
otherwise affect the declaration. 8
10 Access to declarations and sch 1 maps 9
(1) The chief executive must keep a copy of each declaration 10
available for inspection-- 11
(a) at the department's head office and regional offices at all 12
times when the offices are open for the transaction of 13
public business; and 14
(b) on the department's website. 15
(2) The chief executive must keep a copy of each area map 16
mentioned in schedule 1 at the department's head office at all 17
times when the office is open for the transaction of public 18
business. 19
(3) On payment of a fee, a person may buy a copy of the 20
declaration or area map. 21
(4) The fee for the copy must not be more than the reasonable 22
cost of publishing it. 23
Page 10
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 11]
Part 3 Making or amending local 1
planning instruments for iconic 2
places 3
Division 1 Preliminary 4
11 Definitions for pt 3 5
In this part-- 6
general scheme process means the Integrated Planning Act, 7
schedule 1. 8
Minister means the Minister who administers the Integrated 9
Planning Act, chapter 2, part 1. 10
scheme policy process means the Integrated Planning Act, 11
schedule 3. 12
structure plan process means the Integrated Planning Act, 13
schedule 1A. 14
TLPI process means the Integrated Planning Act, schedule 2. 15
Division 2 Modifications to general scheme 16
and structure plan processes 17
12 Application of div 2 18
This division applies if-- 19
(a) under the Integrated Planning Act, a local government 20
proposes to make or amend its planning scheme (the 21
scheme proposal); and 22
(b) if made, the scheme proposal-- 23
(i) would or may have effect in an iconic place; and 24
(ii) would change or replace a protected planning 25
provision relating to the place. 26
Page 11
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 13]
Note-- 1
See however section 72 (Deferral of pt 3 for a local government until 2
after changeover day). 3
13 Report about impact on iconic values 4
(1) The local government must prepare a report (the impact 5
report) about the scheme proposal evaluating its effect on the 6
place's iconic values. 7
(2) The local government must give the Minister the impact 8
report when, under section 9(3) of the general scheme process 9
or section 2(2) of the structure plan process, it gives the 10
Minister the scheme proposal. 11
14 No dispensation of consultation under general scheme 12
process 13
The Minister can not advise the local government under 14
section 10(2) of the general scheme process in relation to the 15
scheme proposal. 16
Notes-- 17
1 Under section 10 of the general scheme process, the power to 18
advise only applies to particular planning scheme amendments and 19
not to planning schemes. 20
2 The structure plan process has no equivalent of section 10 of the 21
general scheme process. 22
15 Ministerial consideration of effect on iconic values before 23
public notification 24
(1) This section applies if the Minister is, under section 11 of the 25
the general scheme process or section 3 or 7 of the structure 26
plan process, considering whether or not State interests would 27
be adversely affected by the scheme proposal. 28
(2) The Minister must also consider whether or not the scheme 29
proposal would, if given effect to, be inconsistent with 30
protecting the place's iconic values. 31
Page 12
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 16]
(3) In making the consideration under subsection (2), the Minister 1
must have regard to the impact report. 2
16 Treatment of scheme proposal if Minister considers the 3
iconic values are affected 4
(1) This section applies if the Minister considers the scheme 5
proposal would, if given effect to, be inconsistent with 6
protecting the place's iconic values. 7
(2) If the scheme proposal is for a planning scheme, the Minister 8
must, under section 11(2) of the general scheme process or 9
section 3(2) of the structure plan process, impose conditions 10
on the notification of the scheme that the Minister considers 11
are necessary to preserve the iconic values. 12
(3) If the scheme proposal is for an amendment, the Minister 13
must, under section 11(3)(b) of the general scheme process or 14
section 7 of the structure plan process, notify the local 15
government that-- 16
(a) it may not proceed with the amendment; or 17
(b) it may notify the proposal under the provision, subject to 18
conditions the Minister considers necessary to preserve 19
the iconic values. 20
17 Public notification of impact report 21
A notice about the scheme proposal under section 12 of the 22
general scheme process or section 8 of the structure plan 23
process must state-- 24
(a) that the local government has given the Minister a report 25
about the scheme proposal evaluating its effect on the 26
place's iconic values; and 27
(b) that the report is available for inspection and purchase. 28
Page 13
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 18]
18 Reconsideration of scheme proposal after public 1
notification 2
(1) This section applies if, under section 18 of the general scheme 3
process or section 13 of the structure plan process, a decision 4
is made to proceed with the scheme proposal. 5
(2) When acting under section 18(1) or (2) of the general scheme 6
process or section 13(2) of the structure plan process, the local 7
government must give the Minister a copy of each properly 8
made submission made to it about the place's iconic values. 9
(3) If the Minister is, under section 18(3) of the general scheme 10
process or section 14(1) of the structure plan process, 11
considering whether or not State interests would be adversely 12
affected by the scheme proposal, the Minister must also 13
consider whether or not the scheme proposal would, if given 14
effect to, be inconsistent with protecting the place's iconic 15
values. 16
(4) In making the consideration under subsection (3), the Minister 17
must have regard to each of the submissions. 18
19 Treatment of scheme proposal if reconsideration is that 19
the iconic values are affected 20
(1) This section applies if, under section 18, the Minister 21
considers the scheme proposal would, if given effect to, be 22
inconsistent with protecting the place's iconic values. 23
(2) If the Minister advises the local government under section 24
18(4)(b) of the general scheme process or section 14(2)(b) of 25
the structure plan process, the Minister must impose 26
conditions on the adoption of the scheme proposal that the 27
Minister considers are necessary to preserve the iconic values. 28
(3) If the structure plan process applies to the scheme proposal, 29
the Minister may, instead of advising under section 14(2) of 30
that process, advise the local government that it may not 31
proceed further with the scheme proposal. 32
Note-- 33
For the general scheme process, see section 18(6) of that process. 34
Page 14
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 20]
Division 3 Modifications to TLPI process 1
20 Application of div 3 2
This division applies if-- 3
(a) under the Integrated Planning Act, a local government 4
proposes to make a temporary local planning instrument 5
(the proposed TLPI); and 6
(b) if made, the proposed TLPI-- 7
(i) would or may have effect in an iconic place; and 8
(ii) would suspend or otherwise affect the operation of 9
a protected planning provision relating to the 10
place. 11
21 Report about impact on iconic values 12
(1) The local government must prepare a report (the impact 13
report) about the proposed TLPI evaluating its effect on the 14
place's iconic values. 15
(2) The local government must give the Minister the impact 16
report when, under section 2(1) of the TLPI process, it gives 17
the Minister the proposed TLPI. 18
22 Ministerial consideration of effect on iconic values 19
(1) This section applies if, under section 2 of the TLPI process, 20
the Minister is considering whether the proposed TLPI 21
proposal should be made. 22
(2) The Minister must also consider whether or not the proposed 23
TLPI would, if given effect to, be inconsistent with protecting 24
the place's iconic values. 25
(3) In making the consideration under subsection (2), the Minister 26
must have regard to the impact report. 27
Page 15
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 23]
23 Treatment of proposed TLPI if Minister considers the 1
iconic values are affected 2
(1) This section applies if, under section 22, the Minister 3
considers the proposed TLPI would, if given effect to, be 4
inconsistent with protecting the place's iconic values. 5
(2) The Minister must-- 6
(a) under section 2(2)(b) of the TLPI process, impose 7
conditions that the Minister considers are necessary to 8
preserve the iconic values; or 9
(b) under section 2(4) of the TLPI process, advise the local 10
government that it may not proceed with the proposed 11
TLPI. 12
Division 4 Modifications to scheme policy 13
process 14
24 Application of div 4 15
This division applies if-- 16
(a) under section 1 of the scheme policy process, a local 17
government formulates a proposal to make or amend a 18
planning scheme policy (the policy proposal); and 19
(b) if made, the policy proposal-- 20
(i) would or may have effect in an iconic place; and 21
(ii) would change or replace a protected planning 22
provision relating to the place. 23
25 Deferral of consultation stage 24
(1) The consultation stage under part 2 of the scheme policy 25
process can not start until the Minister has given the local 26
government an advice under this division. 27
(2) Subsection (1) is subject to section 29(2) and (3). 28
Page 16
Iconic Queensland Places Bill 2008
Part 3 Making or amending local planning instruments for iconic places
[s 26]
26 Report about impact on iconic values 1
The local government must prepare a report (the impact 2
report) about the policy proposal evaluating its effect on the 3
place's iconic values. 4
27 Giving of policy proposal and impact report to Minister 5
The local government must give the Minister a copy of the 6
policy proposal and the impact report. 7
28 Ministerial consideration of effect on iconic values 8
(1) The Minister must consider whether the policy proposal 9
would, if given effect to, be inconsistent with protecting the 10
place's iconic values. 11
(2) In making the consideration under subsection (1), the Minister 12
must have regard to the impact report. 13
(3) The Minister must, after making the consideration, advise the 14
local government whether or not the Minister considers the 15
policy proposal would, if given effect to, be consistent with 16
the place's iconic values. 17
29 Treatment of policy proposal if Minister considers the 18
iconic values are affected 19
(1) If the Minister considers the policy proposal would, if given 20
effect to, be inconsistent with protecting the place's iconic 21
values, the Minister must-- 22
(a) impose conditions about the content of the policy 23
proposal that the Minister considers are necessary to 24
preserve the iconic values; or 25
(b) advise the local government that it may not proceed with 26
the policy proposal. 27
(2) If conditions are imposed under subsection (1)(a), the local 28
government may take a step under the scheme policy process 29
only if the conditions, to the extent they are relevant to the 30
taking of the step, have been complied with. 31
Page 17
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 30]
(3) If the Minister gives advice under subsection (1)(b), the local 1
government can not proceed with the policy proposal. 2
Part 4 Development assessment in 3
iconic places 4
Division 1 Preliminary 5
30 Meaning of Minister for pt 4, other than div 5 6
In this part, other than division 5, Minister means the Minister 7
who administers the Integrated Planning Act, chapter 3. 8
Division 2 Development assessment panels 9
for iconic places 10
Subdivision 1 Establishment and functions 11
31 Minister's obligation to establish and appoint members 12
(1) The Minister must, by gazette notice-- 13
(a) establish a development assessment panel for each 14
iconic place; and 15
(b) appoint its members; and 16
(c) appoint its chairperson. 17
(2) The appointments must comply with section 34. 18
32 Notice to relevant local government 19
The Minister must, on establishing a panel, give the relevant 20
local government notice of that fact and of its members. 21
Page 18
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 33]
33 Functions 1
A panel's functions are to do the following if the relevant local 2
government is the assessment manager for a development 3
application relating to the iconic place-- 4
(a) decide, under division 3, whether or not it is to decide 5
the application instead of the local government (the 6
reference decision); 7
(b) if the reference decision is that the panel is to decide the 8
application instead of the local government--decide the 9
application as if the panel were the assessment manager 10
for the application. 11
Note-- 12
The Minister administering this Act may reverse the reference decision. 13
See division 5. 14
Subdivision 2 Panel membership 15
34 Members 16
(1) The number of members of a panel can not be more than 5. 17
(2) The members must include 1 person of each of the following 18
types-- 19
(a) a person with community or environmental experience 20
or expertise; 21
(b) a person with professional or technical qualifications 22
appropriate to assessing development applications; 23
(c) a councillor of the relevant local government. 24
(3) However, councillors of the relevant local government must 25
not make up a majority of the number of members. 26
(4) To remove any doubt, it is declared that a person may be a 27
member of more than 1 panel. 28
Page 19
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 35]
35 Remuneration 1
(1) A member is to be paid the remuneration and allowances the 2
Governor in Council decides. 3
(2) A member who is a public service officer must not be paid 4
remuneration if the officer acts as a member during the 5
officer's ordinary hours of duty as a public service officer. 6
(3) However the member is entitled to be paid expenses 7
necessarily incurred by the member in acting as a member. 8
36 Disclosure of material personal interests 9
(1) This section applies if-- 10
(a) a member, has a material personal interest in an issue 11
being considered, or about to be considered, by the 12
panel; and 13
(b) the material personal interest could conflict with the 14
proper performance of the member's functions relating 15
to the issue. 16
(2) The member must, as soon as practicable, disclose the 17
material personal interest to all the other members. 18
(3) If a member has disclosed a material personal interest in an 19
issue, the member must not participate in the panel's 20
consideration of the issue. 21
(4) A member must not fail to comply with this section. 22
Maximum penalty--200 penalty units. 23
(5) In this section-- 24
material personal interest, in an issue, see the Local 25
Government Act, section 6. 26
Page 20
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 37]
Subdivision 3 Miscellaneous provisions 1
37 Panel represents the State 2
(1) A panel represents the State. 3
(2) Without limiting subsection (1), a panel has the status, 4
privileges and immunities of the State. 5
38 Annual report by each panel 6
(1) Each panel must prepare and give the Minister administering 7
this Act and the Minister administering the Integrated 8
Planning Act, chapter 3 a written report about the 9
performance of its functions during each financial year. 10
(2) The report must be given as soon as practicable after the end 11
of the financial year, but within 4 months after the year ends. 12
(3) To remove any doubt, it is declared that subsection (2) does 13
not limit or otherwise affect any obligation under the 14
Financial Administration and Audit Act 1977 to give a report 15
relating to the panel. 16
39 Conduct of panel's business 17
(1) A panel may make a decision only by a majority of all of its 18
members. 19
(2) A regulation may provide for how a panel must otherwise 20
conduct its business, including its meetings. 21
(3) Subject to subsections (1) and (2) and divisions 3 and 4, a 22
panel may conduct its business, including its meetings, in the 23
way it considers appropriate. 24
40 Appointment of officers to help panel 25
(1) The chief executive may appoint officers the chief executive 26
considers appropriate to help a panel to perform its functions. 27
Page 21
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 41]
(2) A public service officer may be appointed under subsection 1
(1) or may be assigned by the chief executive to perform 2
functions to help a panel, and may hold the appointment or 3
perform the functions concurrently with any other 4
appointment the officer holds in the public service. 5
41 Delegation of Minister's functions under div 2 6
(1) The Minister may delegate the Minister's functions under this 7
division to the chief executive or an appropriately qualified 8
public service officer. 9
(2) In this section-- 10
appropriately qualified, in relation to a delegated function, 11
includes having the qualifications, experience or standing to 12
perform the function. 13
Example of standing-- 14
a person's classification level in the public service 15
functions includes powers. 16
Division 3 Reference to panel 17
42 Application of div 3 18
This division applies if the relevant local government is the 19
assessment manager for a development application for 20
premises that are wholly or partly in an iconic place. 21
43 Decision stage does not start until after reference 22
decision 23
The decision stage of IDAS for the application does not start 24
until the panel has made the reference decision for the 25
application. 26
Page 22
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 44]
44 Making of reference 1
The local government must, within the information request 2
period for the application, give the panel a copy of-- 3
(a) the application, apart from any supporting material for 4
the application; and 5
(b) the acknowledgement notice for the application. 6
Note-- 7
Generally, the information request period is 10 business days after the 8
giving of the acknowledgement notice for the application. See the 9
Integrated Planning Act, section 3.3.6(3) and (4). 10
45 Making of reference decision by panel 11
(1) The panel must make the reference decision for the 12
application within the earliest of the following periods to 13
end-- 14
(a) 20 business days after the local government has 15
complied with section 44; 16
(b) 20 business days after the information request period 17
ends. 18
(2) If the panel does not comply with subsection (1), the reference 19
decision is taken to be that the panel is not to decide the 20
application instead of the local government. 21
(3) In making the reference decision the panel must consider any 22
substantial effect that the development the subject of the 23
application has, or may have, on the place's iconic values, 24
having regard to the protected planning provisions for the 25
place. 26
46 Notice of reference decision 27
The panel must, as soon as practicable after making the 28
reference decision, give the Minister, the local government 29
and the applicant notice of the decision. 30
Page 23
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 47]
47 Effect of reference decision 1
(1) If the reference decision is that the panel is to decide the 2
application instead of the local government, the application 3
must be decided under division 4. 4
(2) Otherwise, the local government must continue to decide the 5
application, under IDAS. 6
Division 4 Deciding of application by panel 7
48 Application of div 4 8
This division applies if the reference decision for a 9
development application is that the panel is to decide the 10
application instead of a local government. 11
Notes-- 12
1 The Minister who administers this Act may, at any time before the 13
panel gives a decision notice for the development application, 14
reverse the reference decision. If the decision is so reversed, this 15
division is taken never to have applied. See division 5. 16
2 See also section 74 (Development applications made but not 17
decided before changeover day). 18
49 Local government proceeds with decision stage up to 19
decision notice 20
The local government must continue to decide the application 21
under the stages of IDAS up to, but not including, the giving 22
of the decision notice for its decision about the application. 23
50 Local government's decision becomes a 24
recommendation to the panel 25
(1) On the making of the local government's decision about the 26
application, the decision becomes a recommendation to the 27
panel. 28
(2) Subject to section 58(2), the decision has no effect other than 29
under subsection (1). 30
Page 24
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 51]
51 Notice to panel of local government's decision 1
(1) The local government must, as soon as practicable after 2
making the recommendation, give the panel notice of the 3
recommendation. 4
(2) The notice must be accompanied by a copy of all supporting 5
material and common material for the application. 6
52 Panel decides application 7
(1) The panel must, after the local government complies with 8
section 51, decide the application under IDAS-- 9
(a) as if the panel were the assessment manager for the 10
application; and 11
(b) as if a reference in the decision stage under IDAS to the 12
assessment manager were a reference to the panel; and 13
(c) as if the compliance with section 51 were the start of the 14
decision stage. 15
(2) However, despite the Integrated Planning Act, section 16
3.5.7(1), the panel may, at any time, decide to defer the 17
deciding of the application until the end of 20 business days 18
after the decision making period. 19
(3) If the panel decides to defer under subsection (2), for IDAS, 20
the decision making period is taken to be period that ends at 21
the end of the 20 business days. 22
53 Panel's decision become the assessment manager's 23
decision 24
(1) This section applies if, under the Integrated Planning Act, 25
section 3.5.15 as applied under section 52, the panel gives a 26
decision notice or negotiated decision notice for the 27
application. 28
(2) The panel must also give the local government a copy of the 29
notice. 30
Page 25
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 54]
(3) If no negotiated decision notice is given, the decision notice 1
is, for the Integrated Planning Act, taken to have been given 2
by the local government as the assessment manager for the 3
application. 4
(4) If a negotiated decision notice is given, that notice is, for the 5
Integrated Planning Act, taken to have been given by the local 6
government as the assessment manager for the application. 7
(5) This section applies subject to section 54 and division 5. 8
54 Provision about appeals against decision 9
(1) This section applies for any appeal relating to the application 10
under the Integrated Planning Act, sections 4.1.27 to 4.1.29. 11
(2) Despite the Integrated Planning Act, section 4.1.43, the State, 12
as represented by the panel, is the respondent for the appeal. 13
(3) The local government may appeal to the court as if it had been 14
a submitter for the application. 15
Division 5 Ministerial reversal of reference 16
decision 17
Subdivision 1 Preliminary 18
55 Application of div 5 19
(1) This division applies if-- 20
(a) division 3 applies to a development application made to 21
a local government; and 22
(b) the panel has made, or is taken to have made, the 23
reference decision for the application. 24
(2) However, this division ceases to apply if the local government 25
or the panel has given a decision notice for the application and 26
the giving of the notice was permitted under this part. 27
Page 26
Iconic Queensland Places Bill 2008
Part 4 Development assessment in iconic places
[s 56]
56 Meaning of Minister for div 5 1
In this division, Minister means the Minister who administers 2
this Act. 3
Subdivision 2 Reversal provisions 4
57 Power to reverse panel's decision 5
(1) The Minister may, by notice to the panel, the local 6
government and the applicant, reverse the panel's decision. 7
(2) In acting under subsection (1), the Minister must consider any 8
substantial effect that the development the subject of the 9
application has, or may have, on the place's iconic values, 10
having regard to the protected planning provisions for the 11
place. 12
(3) On the giving of the notice, the panel is taken to have given a 13
notice under section 46 about the decision as reversed by the 14
Minister. 15
58 Effect of reversal 16
(1) If the Minister reverses the panel's decision, that decision is 17
taken always to have been the reversed decision. 18
(2) If the panel's decision was to decide the application instead of 19
the local government-- 20
(a) despite section 48, division 4 is taken never to have 21
applied to the application; and 22
(b) the local government may decide the application as if 23
the panel's decision had always been not to decide the 24
application instead of the local government. 25
Page 27
Iconic Queensland Places Bill 2008
Part 5 Requirements for changing or extending local laws identified in declarations
[s 59]
Division 6 Changes to development approvals 1
decided by panel 2
59 Panel decides request for change 3
(1) This section applies if a development approval is a decision 4
notice or negotiated decision notice given by the panel. 5
(2) The Integrated Planning Act, section 3.5.24 applies as if a 6
reference in the section to the assessment manager were a 7
reference to the panel. 8
(3) If-- 9
(a) under Integrated Planning Act, section 3.5.33, a person 10
wants to change a condition; and 11
(b) under section 52(1)(a), the panel decided the condition; 12
for the Integrated Planning Act, section 3.5.33, the panel is 13
taken to be the entity that decided the condition. 14
Part 5 Requirements for changing or 15
extending local laws identified 16
in declarations 17
Division 1 Preliminary 18
60 Application and operation of pt 5 19
(1) This part applies if-- 20
(a) a declaration for an iconic place identifies a local law 21
that the Minister is satisfied protects the place's iconic 22
values; and 23
(b) the relevant local government is proposing to do any of 24
the following (the proposed action)-- 25
Page 28
Iconic Queensland Places Bill 2008
Part 5 Requirements for changing or extending local laws identified in declarations
[s 61]
(i) amend or repeal the local law; 1
(ii) decide, under the Local Government Act, section 2
899C, that any provision of the local law is or is 3
not a redundant provision. 4
(2) This part imposes requirements for taking the proposed 5
action. 6
(3) Despite the Local Government Act, chapter 12, the local 7
government may take the proposed action only if it has 8
complied with this part to the extent it applies to the taking of 9
the proposed action. 10
(4) Apart from the requirements, this part is in addition to and 11
does not limit or otherwise affect the process under the Local 12
Government Act, chapter 12 for taking the proposed action. 13
(5) In this section-- 14
amend, the local law, includes changing the area or persons to 15
which the local law applies, by a direct amendment to the 16
local law or by making another local law that makes the 17
change expressly or by implication. 18
Division 2 Requirements for all types of 19
proposed action 20
61 Report about impact on iconic values 21
The local government must prepare a report (the impact 22
report) evaluating the effect of taking the proposed action on 23
the place's iconic values. 24
62 Requirements for consultation 25
(1) This section applies if the local government engages in public 26
consultation about taking the proposed action. 27
(2) The local government must, in any public notice it gives for 28
the consultation, identify the place and state that-- 29
Page 29
Iconic Queensland Places Bill 2008
Part 5 Requirements for changing or extending local laws identified in declarations
[s 63]
(a) the proposed action, if taken, will have effect in the 1
place; and 2
(b) the local government has prepared a report evaluating 3
the effect of taking the proposed action on the place's 4
iconic values; and 5
(c) the report is available for inspection at the local 6
government's public office and on its website. 7
(3) The local government must during the period in which it 8
engages in the consultation-- 9
(a) allow any person to inspect the report free of charge at 10
its public office when the office is open for the 11
transaction of public business; and 12
(b) keep the report available for inspection on its website. 13
Division 3 Additional requirements if State 14
interests must be considered 15
63 Application of div 3 16
This division applies, as well as division 2, if the Local 17
Government Act, chapter 12, part 2, division 2 or 3 applies to 18
the taking of the proposed action. 19
64 Giving of report to LGA Minister when Minister's advice 20
sought 21
(1) The local government must give the impact report to the LGA 22
Minister when it gives that Minister the documents or 23
information required under the Local Government Act, 24
section 861(1), 867(1) or 872(2)(b) in relation to the proposed 25
action. 26
(2) In this section-- 27
LGA Minister means the Minister administering the Local 28
Government Act. 29
Page 30
Iconic Queensland Places Bill 2008
Part 5 Requirements for changing or extending local laws identified in declarations
[s 65]
65 Iconic place and iconic values included in considering 1
State interests 2
For applying the Local Government Act, chapter 12, part 2, 3
division 2 or 3 in relation to the taking of the proposed action, 4
State interests are taken to include the place and its iconic 5
values. 6
Division 4 Additional requirements for other 7
types of proposed action 8
66 Application of div 4 9
This division applies, as well as division 2, if a provision of 10
the Local Government Act, chapter 12, other than part 2, 11
division 2 or 3, applies to the taking of the proposed action. 12
67 Public notice of proposed action 13
The local government must, in a newspaper circulating in the 14
place, publish a notice that identifies the place and states-- 15
(a) the local government's name; and 16
(b) what the proposed action is; and 17
(c) that taking the proposed action will have effect in the 18
iconic place; and 19
(d) that the local government has prepared a report 20
evaluating the effect of taking the proposed action on the 21
place's iconic values; and 22
(e) that the report is available for inspection at the local 23
government's public office and on its website. 24
68 Public access to impact report 25
The local government must, for at least 21 days after 26
publishing the notice under section 67-- 27
Page 31
Iconic Queensland Places Bill 2008
Part 6 Miscellaneous provisions
[s 69]
(a) allow any person to inspect the impact report free of 1
charge at its public office when the office is open for the 2
transaction of public business; and 3
(b) keep the report available for inspection on its website. 4
Part 6 Miscellaneous provisions 5
69 Master plan applications for iconic places 6
(1) This section applies if a master plan application is made for a 7
declared master planned area and the area is, or includes, an 8
iconic place. 9
(2) The Minister is taken to be a participating agency for 10
assessing the application. 11
(3) The Minister's jurisdiction for the application is the purpose 12
of this Act. 13
(4) In assessing the application under the Integrated Planning Act, 14
section 2.5B.34, the Minister must consider the effect of the 15
proposed master plan on the place's iconic values. 16
(5) If the Minister is satisfied an aspect of the proposed master 17
plan is inconsistent with protecting the iconic values, the 18
Minister may, in making a recommendation under the 19
Integrated Planning Act, section 2.5B.36, only recommend 20
one of the following to the coordinating agency-- 21
(a) that stated conditions to remove the inconsistency must 22
be included in any approval of the proposed master plan; 23
(b) that the application be refused. 24
70 Consideration of iconic values in local government 25
policy-making 26
(1) This section applies if-- 27
Page 32
Iconic Queensland Places Bill 2008
Part 7 Transitional provisions
[s 71]
(a) a local government proposes to make or amend a policy; 1
and 2
(b) if made, the policy or amended policy would or may 3
have effect in an iconic place. 4
(2) The local government must, before it makes or amends the 5
policy, consider the effect of the policy or amended policy on 6
the place's iconic values. 7
71 Review of Act 8
(1) The Minister must, within 3 years after the date of assent of 9
this Act, carry out a review of the operation and effectiveness 10
of this Act. 11
(2) In carrying out the review, the Minister must have regard to 12
the effectiveness of the operations of panels and the need to 13
continue their functions. 14
(3) The Minister must, as soon as practicable after the review is 15
finished, cause a report on its outcome to be laid before the 16
Legislative Assembly. 17
Part 7 Transitional provisions 18
72 Deferral of pt 3 for a local government until after 19
changeover day 20
Part 3 applies to a scheme proposal, proposed TLPI or a 21
policy proposal only if the decision to prepare or propose it is 22
made by the local government after the changeover day for its 23
local government area. 24
Page 33
Iconic Queensland Places Bill 2008
Part 7 Transitional provisions
[s 73]
73 Development applications decided before changeover 1
day 2
Part 4 does not apply to a development application made to a 3
local government and decided before the changeover day for 4
its local government area. 5
74 Development applications made but not decided before 6
changeover day 7
(1) This section applies to a development application made to a 8
local government (the original local government) if-- 9
(a) on the changeover day for a new local government area, 10
the original local government area is abolished to form 11
part of the new local government area; and 12
(b) the development application was not decided before the 13
changeover day. 14
(2) Part 4, division 3 does not apply to the application. 15
(3) However, if part 4, division 3 would, other than for subsection 16
(2), have applied to the application, the panel may 17
nevertheless choose to make a reference decision for the 18
application as if that division did apply to the application. 19
(4) If, under subsection (3), the panel makes a reference decision 20
for the application, part 4, divisions 4 to 6 apply to the 21
application. 22
Page 34
Iconic Queensland Places Bill 2008
Schedule 1
Schedule 1 Iconic places at 1
commencement of Act 2
sections 2(2)(a), 4(a) and 10(2) 3
1 Douglas area 4
· the local government area of the Douglas Shire Council 5
at the date of assent, described in area map LGB45, 6
edition 2 7
2 Noosa area 8
· the local government area of the Noosa Shire Council as 9
at the date of assent, described in area map LGB100, 10
edition 8 11
Note-- 12
For access to the area maps, see section 10(2). 13
Page 35
Iconic Queensland Places Bill 2008
Schedule 2
Schedule 2 Dictionary 1
section 3(1) 2
applicant, for a provision about a development application, 3
means the person who made the application. 4
changeover day, for a local government area, means its 5
changeover day under the Local Government Act, section 6
159YE. 7
Editor's note-- 8
As at the date of introduction for the Bill for this Act, the changeover 9
day was 15 March 2008. See section 159YE(2) and the gazette of 23 10
November 2007, page 1680. 11
declaration, for a provision of this Act that does not mention 12
its type, means any declaration made under part 2. 13
general scheme process see section 11. 14
iconic place-- 15
1 Generally, an iconic place means an iconic place as 16
defined under section 4. 17
2 For a provision about a panel, iconic place means the 18
iconic place for which the panel is established. 19
iconic place declaration see section 6(1). 20
iconic values, for an iconic place-- 21
(a) for an iconic place stated in schedule 1--see section 22
5(2)(a); or 23
(b) for an iconic place declared under an iconic place 24
declaration--see section 6(4)(b). 25
impact report-- 26
(a) for part 3, division 2--see section 13(1); or 27
(b) for part 3, division 3--see section 21(1); or 28
(c) for part 3, division 4--see section 26; or 29
Page 36
Iconic Queensland Places Bill 2008
Schedule 2
(d) for part 5--see section 61. 1
Integrated Planning Act means the Integrated Planning Act 2
1997. 3
Local Government Act means the Local Government Act 4
1993. 5
member, of a panel, means a member of the panel appointed 6
under section 31(1)(b) and includes its chairperson appointed 7
under section 31(1)(c). 8
Minister means-- 9
(a) for part 3--see section 11; or 10
(b) for part 4, other than division 5--see section 30; or 11
(c) for part 4, division 5--see section 56; or 12
(d) otherwise--the Minister who administers this Act. 13
notice means a notice in writing. 14
panel-- 15
1 Generally, panel means a development assessment panel 16
established under section 31(1)(a). 17
2 For a provision of this Act about a development 18
application or development approval relating to an 19
iconic place, panel means the particular development 20
assessment panel established for the iconic place. 21
policy proposal see section 24(a). 22
proposed action see section 60(1)(b). 23
proposed TLPI see section 20(a). 24
protected planning provision, for an iconic place-- 25
(a) for an iconic place stated in schedule 1--see section 26
5(2)(b); or 27
(b) for an iconic place declared under an iconic place 28
declaration--see section 6(4)(c). 29
reference decision, for a development application-- 30
Page 37
Iconic Queensland Places Bill 2008
Schedule 2
1 Generally, the reference decision for a development 1
application is the reference decision under section 33(a). 2
2 However, if, under section 57, the Minister reverses a 3
decision made under section 33(a), the reference 4
decision is the decision as reversed by the Minister. 5
relevant local government-- 6
(a) for a provision about an iconic place--means the local 7
government in whose area the place is located; or 8
(b) for a provision about a panel--means the local 9
government in whose local government area the panel's 10
iconic place is located. 11
scheme policy process see section 11. 12
scheme proposal see section 12(a). 13
structure plan process see section 11. 14
TLPI process see section 11. 15
16
© State of Queensland 2008
Page 38
AMENDMENTS TO BILL
Iconic Queensland Places Bill 2008
Iconic Queensland Places Bill 2008
Amendments agreed to during Consideration
1 Clause 6 (Minister's power to declare additional iconic
places)
At page 8, lines 12 and 14, `1C'--
omit, insert--
`1B'.
2 Clause 6 (Minister's power to declare additional iconic
places)
At page 9, line 2, `(2)(a)'--
omit, insert--
`(3)(a)'.
3 After clause 70--
At page 33, after line 7--
insert--
`70A Regulation-making power
`(1) The Governor in Council may make regulations under this
Act.
`(2) Without limiting section 39(2), a regulation may provide
for--
(a) the establishment, maintenance and operation of a
register of the interests of members of panels and of
persons who, under the regulation, are related to
members of panels, the obligations of members of
panels and related persons in relation to the register of
interests and the consequences applying to a failure to
comply with any obligation; and
Page 1
Iconic Queensland Places Bill 2008
(b) the adoption of a code of conduct for the members of
panels, the obligations of members of panels in relation
to the code of conduct and the consequences applying to
a contravention of any obligation; and
(c) requirements for panel members to record conflicts of
interest (not including any conflict of interest arising out
of a material personal interest as mentioned in section
36) in issues arising in the performance of panels'
functions.
`(3) A regulation under subsection (2)(b) need not state the terms
of the code of conduct, but may state ethics principles to be
included in the code of conduct.
`(4) A regulation may impose a penalty of no more than 20 penalty
units for contravention of a regulation.'.
© State of Queensland 2008
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