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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
(PLANNING AND
ENVIRONMENT)
AMENDMENT BILL 1995
Queensland
LOCAL GOVERNMENT (PLANNING
AND ENVIRONMENT) AMENDMENT
BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 3.3 (Town planning certificates) . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 5.3 (Sealing of plans for registration) . . . . . . . . . . . . . . . . 5
5 Replacement of pt 6 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 6--CONDITIONS, CONTRIBUTIONS, WORKS AND
INFRASTRUCTURE AGREEMENTS
Division 1--Conditions, contributions and works
6 Amendment of s 6.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Infrastructure agreements
6.5 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6.6 Meaning of "infrastructure agreement" . . . . . . . . . . . . . . . . . . . . . . . 6
6.7 Power to make infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . 6
6.8 Infrastructure agreement may bind future local government
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.9 Copy of infrastructure agreement to be given to local
government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.10 When infrastructure agreement binds successors in title . . . . . . . . . 7
6.11 Existing agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.12 Copies of infrastructure agreement available for inspection . . . . . . 8
6.13 Effect on other agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1995
A BILL
FOR
An Act to amend the Local Government (Planning and Environment)
Act 1990
s1 4 s3
Local Government (Planning and
Environment) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Local Government (Planning and 3
Environment) Amendment Act 1995. 4
amended 5
Act
Clause 2. This Act amends the Local Government (Planning and Environment) 6
Act 1990. 7
of s 3.3 (Town planning certificates) 8
Amendment
Clause 3.(1) Section 3.3(3)-- 9
insert-- 10
`(d) whether or not an infrastructure agreement under part 6, 11
division 2 applies to the premises, and, if so, whether there are 12
obligations under the agreement that have not been fulfilled; and 13
(e) if there are obligations under the agreement that have not been 14
fulfilled--that the obligations may attach to the premises.'. 15
(2) Section 3.3(5)-- 16
insert-- 17
`(j) details of any infrastructure agreement under part 6, division 2 18
applying to the premises and of obligations under the agreement 19
that have not been fulfilled.'. 20
(3) After section 3.3(5)-- 21
insert-- 22
`(5A) If all the obligations under an infrastructure agreement under 23
part 6, division 2 have been fulfilled for the land for which a planning 24
certificate is to be given, the certificate need not set out the matters 25
mentioned in subsection (3)(d) or (5)(j).'. 26
s4 5 s7
Local Government (Planning and
Environment) Amendment
of s 5.3 (Sealing of plans for registration) 1
Amendment
Clause 4. Section 5.3(4)-- 2
insert-- 3
`(c) the obligations under any infrastructure agreement under part 6, 4
division 2, applying to the land contained in the plan of survey 5
have either-- 6
(i) been fulfilled; or 7
(ii) been fulfilled to the extent the local government considers 8
necessary, having regard to the development control plan and 9
the agreement;'. 10
of pt 6 heading 11
Replacement
Clause 5. Part 6, heading-- 12
omit, insert-- 13
ART 6--CONDITIONS, CONTRIBUTIONS, WORKS 14
`P
AND INFRASTRUCTURE AGREEMENTS 15
`Division 1--Conditions, contributions and works'. 16
of s 6.1 17
Amendment
Clause 6. Section 6.1-- 18
insert-- 19
`(3) Subsections (1) and (2) do not apply to an infrastructure agreement 20
under division 2.'. 21
of new pt 6, div 2 22
Insertion
Clause 7. In part 6, after section 6.4-- 23
insert-- 24
`Division 2--Infrastructure agreements 25
s7 6 s7
Local Government (Planning and
Environment) Amendment
for div 2 1
`Definitions
`6.5 In this division-- 2
"consent document" see section 6.10. 3
"infrastructure" includes facilities, services, land and works used in 4
connection with economic activity or the environment. 5
"infrastructure agreement" see section 6.6. 6
"State" includes an entity representing the State. 7
of "infrastructure agreement" 8
`Meaning
`6.6(1) For this division, an "infrastructure agreement" is an 9
agreement containing all the elements mentioned in subsections (2) to (4). 10
`(2) The agreement must be about infrastructure for the development of 11
land included in a development control plan. 12
`(3) The State, a government owned corporation or a local government 13
must be a party to the agreement. 14
`(4) The agreement must provide for the following matters-- 15
(a) repayment of amounts paid, and reimbursement of amounts 16
expended, under the agreement, and amendment or cancellation of 17
the obligations under the agreement, if the development 18
entitlements on which the obligations are based are changed 19
without the consent of the person who has to fulfil the obligations; 20
(b) how the obligations must be fulfilled if there is 1 or more changes 21
of ownership of land, the subject of the agreement; 22
(c) matters prescribed under a regulation. 23
`(5) An "infrastructure agreement" includes the agreement as 24
originally made, and as amended from time to time since it was originally 25
made. 26
to make infrastructure agreement 27
`Power
`6.7 To remove any doubt, it is declared that the State, a government 28
s7 7 s7
Local Government (Planning and
Environment) Amendment
owned corporation or a local government has, and always did have, the 1
power to make or amend an infrastructure agreement. 2
agreement may bind future local government decisions 3
`Infrastructure
`6.8 An infrastructure agreement to which a local government is a party 4
is not invalid merely because it has the effect of limiting the exercise of a 5
discretion of the local government, and the limitation of the discretion is to 6
be given effect. 7
of infrastructure agreement to be given to local government 8
`Copy
`6.9 If the State or a government owned corporation is a party to an 9
infrastructure agreement applying to land, the State or government owned 10
corporation must give a copy of the agreement to the local government for 11
the area in which the land is situated as soon as practicable after the 12
agreement is made. 13
infrastructure agreement binds successors in title 14
`When
`6.10(1) If the owner of land, to which an infrastructure agreement 15
applies, is a party to the agreement or consents to the development 16
obligations being attached to the land, the development obligations attach to 17
the land and bind the owner and the owner's successors in title of the land. 18
`(2) If the owner's consent under subsection (1) is not endorsed on the 19
agreement, the owner must give a copy of the document evidencing the 20
owner's consent (the "consent document") to the local government as 21
soon as practicable after the owner consents. 22
`(3) In this section-- 23
"development obligations" means the obligations under the infrastructure 24
agreement other than the obligations to be fulfilled by the State, a 25
government owned corporation or a local government. 26
agreements 27
`Existing
`6.11(1) To remove any doubt, sections 6.5 to 6.10 do not apply to an 28
s7 8 s7
Local Government (Planning and
Environment) Amendment
infrastructure agreement made before the commencement of this division. 1
`(2) However, those sections, other than section 6.6(4), apply to the 2
Springfield agreements. 3
`(3) In this section-- 4
"Springfield agreements" means-- 5
(a) the agreement made on 29 November 1994 between the State and 6
Springfield Land Corporation Pty Ltd (ACN 055 714 531) and 7
Springfield Land Corporation (No. 2) Pty Ltd (ACN 056 462 8
205); and 9
(b) the agreement titled `The Springfield Project Agreement' and 10
made, or to be made in 1995, between those parties about 11
infrastructure for the development of the land to which the 12
agreement mentioned in paragraph (a) applies. 13
of infrastructure agreement available for inspection 14
`Copies
`6.12(1) This section applies if a local government is a party to an 15
infrastructure agreement or has been given a copy of an infrastructure 16
agreement under section 6.9 or a consent document under section 6.10. 17
(2) The local government must-- 18
(a) keep the infrastructure agreement or consent document open to 19
inspection; and 20
(b) make copies available for purchase at its public office at a price 21
not more than the cost to the local government of producing the 22
copy and, if a copy is supplied by post, the cost of postage. 23
on other agreements 24
`Effect
`6.13 Section 6.7 must not be taken to imply that an agreement is 25
unlawful merely because it-- 26
(a) is about infrastructure for land not included in a development 27
control plan; or 28
(b) was made before the commencement of the section.'. 29
s7 9 s7
Local Government (Planning and
Environment) Amendment
© State of Queensland 1995
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