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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
State Development and Other
Legislation Amendment Bill
2006
Queensland
State Development and Other Legislation
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of State Development and Public Works
Organisation Act 1971
2 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 5 (Appointment of Deputy
Coordinator-General) .......................... 6
4 Amendment of s 6 (Tenure of appointment under ss 4 and 5) . . . 6
5 Amendment of s 8 (Incorporation of Coordinator-General) . . . . . 7
6 Amendment of s 24 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 5A Prescribed projects
Division 1 Preliminary
76A Purposes of pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
76B How the purposes are to be primarily achieved . . . . . 8
76C Application of other laws . . . . . . . . . . . . . . . . . . . . . . 8
76D Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Declaration of prescribed projects, duty to
cooperate and requesting further information
76E Declaration of prescribed project . . . . . . . . . . . . . . . . 10
76F When declaration ends. . . . . . . . . . . . . . . . . . . . . . . . 11
76G Particular entities to cooperate with
Coordinator-General ..................... 12
76H Coordinator-General may seek further information . . 12
Division 3 Notices about prescribed projects
Subdivision 1 Progression notice
76I Progression notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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State Development and Other Legislation Amendment
Bill 2006
Subdivision 2 Notice to decide
76J Notice to decide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 3 Step in notice
76K Step in notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
76L When step in notice may be given . . . . . . . . . . . . . . . 16
76M Providing assistance . . . . . . . . . . . . . . . . . . . . . . . . . 17
76N Effects of step in notice . . . . . . . . . . . . . . . . . . . . . . . 18
76O Coordinator-General's decision . . . . . . . . . . . . . . . . . 19
76P Effects of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
76Q Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
76R Report about decision . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4 Voluntary environmental agreements
76S Entering into agreement . . . . . . . . . . . . . . . . . . . . . . . 22
76T Content and duration of agreement . . . . . . . . . . . . . . 23
76U Recording of particular agreements . . . . . . . . . . . . . . 24
Division 5 Other matters
76V Recovering cost of particular advice or services . . . . 25
76W Application of Judicial Review Act 1991 . . . . . . . . . . . 25
8 Amendment of s 77 (Declaration of State development areas,
variation and termination thereof). . . . . . . . . . . . . . . . . . . . . . . . . 26
9 Amendment of s 82 (Acquisition of land in State development
area) .......................................... 26
10 Amendment of s 109 (Approval of certain works) . . . . . . . . . . . . 27
11 Amendment of s 110 (Coordinator-General to undertake
approved works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12 Amendment of s 111 (Delegation of authority of
Coordinator-General) ............................ 28
13 Amendment of s 140 (Powers in respect of works on foreshore
and under waters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 29
Part 3 Amendment of Integrated Planning Act 1997
15 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
16 Amendment of s 3.2.1 (Applying for development approval) . . . . 30
17 Amendment of s 3.5.19 (When approval takes effect) . . . . . . . . . 31
18 Amendment of s 3.5.24 (Request to change development
approval (other than a change of a condition)). . . . . . . . . . . . . . . 31
19 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 31
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State Development and Other Legislation Amendment
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Part 4 Amendment of Judicial Review Act 1991
20 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
21 Amendment of sch 1 (Operation of other laws) . . . . . . . . . . . . . . 32
Part 5 Amendment of Land Act 1994
22 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
23 Amendment of s 369 (Public utility easements) . . . . . . . . . . . . . . 33
Part 6 Amendment of Land Title Act 1994
24 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
25 Amendment of s 89 (Easements for public utility providers) . . . . 33
Part 7 Amendment of Water Act 2000
26 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
27 Amendment of s 25L (Relationship with State Development
and Public Works Organisation Act 1971) . . . . . . . . . . . . . . . . . . 34
Schedule Other amendments of the State Development and Public
Works Organisation Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . 35
2006
A Bill
for
An Act to amend the State Development and Public Works
Organisation Act 1971, and for other purposes
s1 6 s4
State Development and Other Legislation Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the State Development and Other 4
Legislation Amendment Act 2006. 5
Part 2 Amendment of State 6
Development and Public Works 7
Organisation Act 1971 8
Clause 2 Act amended in pt 2 and schedule 9
This part and the schedule amend the State Development and 10
Public Works Organisation Act 1971. 11
Clause 3 Amendment of s 5 (Appointment of Deputy 12
Coordinator-General) 13
(1) Section 5(1), after `person'-- 14
insert-- 15
`or persons'. 16
(2) Section 5(2), `The appointee'-- 17
omit, insert-- 18
`An appointee'. 19
Clause 4 Amendment of s 6 (Tenure of appointment under ss 4 20
and 5) 21
Section 6, `the appointee to the office referred'-- 22
s5 7 s7
State Development and Other Legislation Amendment
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omit, insert-- 1
`an appointee to an office referred'. 2
Clause 5 Amendment of s 8 (Incorporation of Coordinator-General) 3
(1) Section 8(2), from `holds', first mention-- 4
omit, insert-- 5
`is the Coordinator-General.'. 6
(2) Section 8(4), `the Deputy Coordinator-General'-- 7
omit, insert-- 8
`a Deputy Coordinator-General'. 9
Clause 6 Amendment of s 24 (Definitions for pt 4) 10
(1) Section 24, definitions, concurrence agency, development 11
approval and IDAS-- 12
omit. 13
(2) Section 24, definition proponent, after `project'-- 14
insert-- 15
`and includes a person who, under an agreement or other 16
arrangement with the person who is the existing proponent of 17
the project, later proposes the project'. 18
Clause 7 Insertion of new pt 5A 19
After section 76-- 20
insert-- 21
`Part 5A Prescribed projects 22
`Division 1 Preliminary 23
`76A Purposes of pt 5A 24
`The purposes of this part are as follows-- 25
s7 8 s7
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(a) to provide for the identification of projects of 1
significance, particularly economically and socially, to 2
the State or a region; 3
(b) to facilitate the undertaking of prescribed projects by 4
providing for a scheme to ensure timely 5
decision-making for prescribed decisions and prescribed 6
processes; 7
(c) to provide for conditions to be imposed in relation to the 8
undertaking of prescribed projects, having regard to-- 9
(i) the nature of the project; and 10
(ii) the proper management of environmental effects of 11
the project; and 12
(iii) the matters prescribed under section 76N(c)(iii); 13
(d) to promote the use of voluntary environmental 14
agreements to encourage the conservation, maintenance, 15
rehabilitation or enhancement of the environment. 16
`76B How the purposes are to be primarily achieved 17
`The purposes of this part are to be primarily achieved by 18
making provision about the following-- 19
(a) the declaration of particular projects as prescribed 20
projects; 21
(b) the giving of notices to decide, progression notices and 22
step in notices by the Coordinator-General; 23
(c) the imposition of conditions for a prescribed decision 24
that take account of, for example, the existence of a 25
voluntary environmental agreement relating to the 26
decision. 27
`76C Application of other laws 28
`This part applies despite any other law. 29
s7 9 s7
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`76D Definitions for pt 5A 1
`In this part-- 2
applicant, in relation to a prescribed decision or process, 3
means the person seeking the decision or undertaking of the 4
process under the relevant law for the decision or process. 5
critical infrastructure project means a project the Minister 6
declares, under section 76E(4), to be a critical infrastructure 7
project. 8
decision maker-- 9
(a) for a prescribed decision, means the entity that may 10
make the decision under the relevant law for the 11
decision; and 12
13
Example of a decision maker for paragraph (a)--
14
an assessment manager under the Integrated Planning Act
(b) for a prescribed process, means the entity responsible 15
for undertaking the process under the relevant law for 16
the process. 17
18
Examples of a decision maker for paragraph (b)--
19
· a concurrence agency
20
· an entity that may give evidence required to be given under
21
the Integrated Planning Act, section 3.2.1(5)
declaration, for a prescribed project, means the declaration 22
for the project made by the Minister under section 76E. 23
infrastructure facility see section 125(16). 24
notice to decide see section 76J(1). 25
prescribed decision-- 26
1 A prescribed decision means a decision, in relation to a 27
prescribed project, required to be made under a law of 28
the State, including, for example, a decision about the 29
construction, undertaking, carrying out, establishment, 30
maintenance or operation of a prescribed project. 31
2 However, a prescribed decision does not include a 32
decision required to be made by the Governor in 33
Council or a Minister. 34
s7 10 s7
State Development and Other Legislation Amendment
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1
Examples of a prescribed decision--
2
· a decision of an assessment manager under the Integrated Planning
3
Act on an application for a development approval
4
· a decision about the grant of a water licence under the Water Act
5
2000
prescribed process means a process, in relation to a 6
prescribed project, required to be undertaken under a law of 7
the State, including, for example, a process in a stage of 8
IDAS. 9
10
Example of a prescribed process--
11
the giving of an acknowledgement notice under the application stage of
12
IDAS
prescribed project means a project declared under section 76E 13
to be a prescribed project. 14
progression notice see section 76I(1). 15
registered owner see the Land Title Act 1994, schedule 2. 16
relevant law, for a prescribed decision or process, means the 17
law, other than this Act, under which the decision may be 18
made or the process undertaken. 19
step in notice see section 76K(1). 20
voluntary environmental agreement see section 76S(1). 21
`Division 2 Declaration of prescribed projects, 22
duty to cooperate and requesting 23
further information 24
`76E Declaration of prescribed project 25
`(1) The Minister may declare any of the following (each a 26
project) to be a prescribed project-- 27
(a) works a local body, the Coordinator-General or other 28
person is directed to undertake under section 100 or 109; 29
(b) a project in a State development area; 30
(c) an infrastructure facility; 31
s7 11 s7
State Development and Other Legislation Amendment
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(d) a project declared under section 26 to be a significant 1
project; 2
(e) another project the Minister considers-- 3
(i) is economically or socially significant to the State 4
or the region in which the project is to be 5
undertaken; or 6
(ii) affects an environmental interest of the State or a 7
region. 8
`(2) In deciding to declare a project to be a prescribed project, the 9
Minister may have regard to any of the following-- 10
(a) the public interest or the general welfare of persons in 11
the region in which the project is to be undertaken; 12
(b) whether a voluntary environmental agreement is likely 13
to be entered into in relation to the undertaking of the 14
project; 15
(c) other matters the Minister considers relevant. 16
`(3) The declaration must be made by gazette notice. 17
`(4) If the Minister considers the undertaking of the project is 18
critical or essential for the State for economic, environmental 19
or social reasons, the Minister may, in the gazette notice, 20
declare the project to be a critical infrastructure project. 21
`76F When declaration ends 22
`(1) A declaration for a prescribed project ends on the later of the 23
following-- 24
(a) 2 years after the day the declaration is made; 25
(b) if the declaration states a time for it to end--the stated 26
time. 27
`(2) Before a declaration ends under subsection (1), the Minister 28
may, by gazette notice, extend the time when the declaration 29
ends if satisfied the extension is necessary or desirable to 30
achieve the purposes of this part. 31
`(3) However, the extension may not be for a period longer than 32
the initial period of the declaration. 33
s7 12 s7
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`76G Particular entities to cooperate with 1
Coordinator-General 2
`(1) It is the duty of an entity mentioned in section 13(1) to give to 3
the Coordinator-General the information, documents or 4
assistance the Coordinator-General requires to assess matters 5
relating to a prescribed project. 6
`(2) Without limiting subsection (1), the Coordinator-General may 7
require the entity to give to the Coordinator-General-- 8
(a) an application for a prescribed decision or a document 9
relating to the application or a prescribed process for the 10
application, including, for example, correspondence 11
between the applicant and the decision maker for the 12
decision or the prescribed process; or 13
(b) information to help the Coordinator-General evaluate a 14
prescribed project; or 15
(c) if a process of public consultation has happened for an 16
aspect of a prescribed project--any submissions 17
received by the entity under the process and any 18
responses given by the entity to the submissions. 19
`(3) This section does not limit section 13. 20
`76H Coordinator-General may seek further information 21
`(1) The Coordinator-General may ask a relevant person for a 22
prescribed decision to give the Coordinator-General 23
information the Coordinator-General reasonably requires-- 24
(a) to decide whether to give a progression notice, a notice 25
to decide or a step in notice for the decision; or 26
(b) to make an assessment and a decision about the 27
prescribed decision under this part; or 28
(c) to undertake a prescribed process. 29
`(2) The relevant person must comply with a request under 30
subsection (1). 31
`(3) In this section-- 32
relevant person, for a prescribed decision, means the 33
applicant for the decision or another entity the 34
s7 13 s7
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Coordinator-General reasonably considers has information 1
that may help the Coordinator-General act on the matters 2
mentioned in subsection (1)(a) or (b). 3
`Division 3 Notices about prescribed projects 4
`Subdivision 1 Progression notice 5
`76I Progression notice 6
`(1) The Coordinator-General may, by written notice (a 7
progression notice) given to the decision maker for a 8
prescribed process, require the decision maker to undertake, 9
within the period stated in the notice, administrative processes 10
required to complete the process. 11
`(2) The progression notice must-- 12
(a) be accompanied by a copy of the declaration for the 13
prescribed project to which the prescribed process 14
relates; and 15
(b) identify the process, including, for example, a process 16
under a stage of IDAS; and 17
(c) state the decision maker must-- 18
(i) undertake the process within the stated period; and 19
(ii) inform the Coordinator-General of the completion 20
of the process within 5 business days after it is 21
completed. 22
`(3) On receiving the progression notice, the decision maker 23
must-- 24
(a) subject to subsection (5), undertake the prescribed 25
process within the period stated in the notice for that 26
purpose; and 27
(b) inform the Coordinator-General of the completion of the 28
process within 5 business days after it is completed. 29
s7 14 s7
State Development and Other Legislation Amendment
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`(4) The Coordinator-General may, by written notice given to the 1
decision maker and without the decision maker's agreement, 2
extend the period for undertaking the prescribed process, 3
having regard to the nature of the prescribed project to which 4
the process relates. 5
`(5) If the Coordinator-General extends the period for undertaking 6
the prescribed process under subsection (4), the decision 7
maker must undertake the process within the extended period. 8
`(6) Before giving a progression notice for a prescribed process 9
the Coordinator-General must have regard to the 10
requirements, if any, under the relevant law for the 11
undertaking of the process. 12
`(7) Subject to this section, the relevant law for the prescribed 13
process continues to apply to the undertaking of the process. 14
`Subdivision 2 Notice to decide 15
`76J Notice to decide 16
`(1) The Coordinator-General may, by written notice (a notice to 17
decide) given to the decision maker for a prescribed decision, 18
require the decision maker to make the decision within the 19
period stated in the notice. 20
`(2) The stated period must be at least-- 21
(a) 20 business days after the notice is given; or 22
(b) if, under the relevant law for the prescribed decision, the 23
decision maker would, other than for this section, be 24
required to make the decision within a period that is less 25
than the period mentioned in paragraph (a)--the lesser 26
period. 27
`(3) The notice to decide must-- 28
(a) be accompanied by a copy of the declaration for the 29
prescribed project to which the prescribed decision 30
relates; and 31
(b) identify the decision; and 32
s7 15 s7
State Development and Other Legislation Amendment
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(c) state the decision maker must-- 1
(i) make the decision within the stated period; and 2
(ii) inform the Coordinator-General of the decision 3
within 5 business days after it is made. 4
`(4) On receiving the notice to decide, the decision maker must-- 5
(a) subject to subsection (6), make the prescribed decision 6
within the period stated in the notice for that purpose; 7
and 8
(b) inform the Coordinator-General of the decision within 5 9
business days after it is made. 10
`(5) The Coordinator-General may, by written notice given to the 11
decision maker and without the decision maker's agreement, 12
extend the period for making the prescribed decision, having 13
regard to the nature of the prescribed project to which the 14
decision relates. 15
`(6) If the Coordinator-General extends the period for making the 16
prescribed decision under subsection (5), the decision maker 17
must make the decision within the extended period. 18
`(7) If the prescribed decision relates to an application for a 19
development approval, the notice to decide may be given to 20
the decision maker only after the decision stage for the 21
application starts. 22
`(8) Before giving a notice to decide for a prescribed decision, 23
other than a decision mentioned in subsection (7), the 24
Coordinator-General must have regard to the requirements, if 25
any, under the relevant law for the decision about public 26
notification of information or other matters in relation to the 27
decision. 28
`(9) Subject to this section, the relevant law for the prescribed 29
decision continues to apply to the making of the decision. 30
`Subdivision 3 Step in notice 31
s7 16 s7
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`76K Step in notice 1
`(1) The Coordinator-General may, with the approval of the 2
Minister, give to the decision maker and applicant for a 3
prescribed decision or a prescribed process a written notice (a 4
step in notice) advising the decision maker and applicant that 5
the Coordinator-General is to make an assessment and a 6
decision about the prescribed decision or process under this 7
part. 8
`(2) The step in notice must-- 9
(a) be accompanied by a copy of the declaration for the 10
prescribed project to which the prescribed decision or 11
process relates; and 12
(b) identify the decision or process; and 13
(c) state the Coordinator-General is the decision maker for 14
the prescribed decision or process from the time the 15
notice is given until the Coordinator-General makes a 16
decision, under section 76O, about the prescribed 17
decision or process. 18
`76L When step in notice may be given 19
`(1) Subject to subsection (3), the Coordinator-General may give a 20
step in notice for a prescribed decision or process only after a 21
progression notice or notice to decide has been given for the 22
process or decision. 23
`(2) If a progression notice or notice to decide has been given for a 24
prescribed process or decision, the step in notice may be 25
given-- 26
(a) at any time after the Coordinator-General is satisfied the 27
decision maker has not complied with the progression 28
notice or notice to decide, but before the decision maker 29
has undertaken the process or made the decision; or 30
(b) if the decision maker has complied with the progression 31
notice or notice to decide--only if the applicant, by 32
written notice given to the Coordinator-General within 33
10 business days after the applicant is notified of the 34
s7 17 s7
State Development and Other Legislation Amendment
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decision, asks the Coordinator-General to give a step in 1
notice for the decision. 2
`(3) A step in notice may be given for a prescribed decision at any 3
time after the decision is made until 10 business days after-- 4
(a) if an appeal against the decision has been started under 5
the relevant law for the decision--the start of the appeal; 6
or 7
(b) otherwise--the expiry of the period, under the relevant 8
law for the decision, for starting an appeal against the 9
decision. 10
`(4) For subsection (2)(b), the step in notice must be given to the 11
decision maker within a reasonable period after the 12
Coordinator-General receives the request. 13
`(5) In this section-- 14
appeal includes review. 15
`76M Providing assistance 16
`(1) The decision maker for the prescribed decision or process 17
must give the Coordinator-General all reasonable assistance 18
or materials the Coordinator-General requires to act under this 19
part, including-- 20
(a) all material about the prescribed decision or process the 21
decision maker had before the step in notice was given; 22
and 23
(b) any material received about the prescribed decision or 24
process by the decision maker after the step in notice 25
was given. 26
`(2) Without limiting subsection (1), the Coordinator-General 27
may, by written notice, require the decision maker to give the 28
Coordinator-General within the reasonable period stated in 29
the notice a written report containing-- 30
(a) an assessment of matters, stated in the notice, relevant to 31
the prescribed decision or process; or 32
(b) recommendations about the assessment mentioned in 33
paragraph (a), including, for example, recommendations 34
s7 18 s7
State Development and Other Legislation Amendment
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about proposed conditions relevant to the prescribed 1
decision or process. 2
`76N Effects of step in notice 3
`If the Coordinator-General gives a step in notice for a 4
prescribed decision or process-- 5
(a) the Coordinator-General is the decision maker under the 6
relevant law for the prescribed decision or process from 7
the time the step in notice is given until the 8
Coordinator-General makes a decision, under section 9
76O, about the prescribed decision or process; and 10
(b) for making the decision, the Coordinator-General has all 11
the powers of the decision maker under the relevant law 12
for the prescribed decision or process; and 13
(c) for making the decision, the Coordinator-General must 14
consider the following-- 15
(i) the criteria, if any, for making the prescribed 16
decision under the relevant law for the decision or 17
process; 18
(ii) the purposes of this part under section 76A(b), 19
(c)(i) and (ii), and (d); 20
(iii) the matters relevant to the undertaking of a 21
prescribed project and prescribed under a 22
regulation; 23
(iv) another matter relevant to the prescribed decision 24
or process, or the prescribed project to which the 25
decision or process relates, and prescribed under a 26
regulation; and 27
(d) if the prescribed decision or process relates to an 28
application for a development approval--the assessment 29
manager and each concurrence agency for the 30
application is taken to be an advice agency for the 31
application until the Coordinator-General makes a 32
decision, under section 76O, about the prescribed 33
decision or process; and 34
s7 19 s7
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(e) if an appeal was made or a review was started in relation 1
to the prescribed decision or process under the relevant 2
law for the decision or process--the appeal or review is 3
of no further effect; and 4
(f) despite paragraph (a), the Coordinator-General's 5
decision about the prescribed decision or process is 6
taken to be the exercise of a power or performance of a 7
function or duty of the Coordinator-General under this 8
Act. 9
`76O Coordinator-General's decision 10
`(1) After making an assessment about the prescribed decision or 11
process, the Coordinator-General may-- 12
(a) if the decision had not been made or the process had not 13
been undertaken by the decision maker-- 14
(i) make the decision or undertake the process; or 15
(ii) send back the decision or process, with or without 16
conditions, to the decision maker under the 17
relevant law for the decision or process; or 18
(iii) decide aspects of the decision and send back 19
undecided aspects of the decision, with or without 20
conditions, to the decision maker under the 21
relevant law for the decision; or 22
(b) otherwise-- 23
(i) confirm or amend the decision; or 24
(ii) cancel the decision and substitute a new decision. 25
`(2) In acting under subsection (1), the Coordinator-General may, 26
in relation to the prescribed decision, impose conditions the 27
Coordinator-General considers necessary or desirable having 28
regard to-- 29
(a) the nature of the prescribed project to which the 30
decision relates; and 31
(b) whether the applicant for the decision has entered into a 32
voluntary environmental agreement for the undertaking 33
of the project; and 34
s7 20 s7
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(c) the matters mentioned in section 76N(c) the 1
Coordinator-General considered for the decision. 2
`(3) Without limiting subsection (2), the Coordinator-General may 3
impose a condition requiring the applicant to carry out an 4
activity or works that-- 5
(a) prevent, control or mitigate detrimental environmental 6
effects that may arise because of the undertaking of the 7
prescribed project; or 8
(b) restore or enhance aspects of the environment that may 9
be affected by the undertaking of the prescribed project 10
to which the decision relates. 11
`(4) For subsection (3), an activity or works mentioned in the 12
subsection may be required to be carried out on land on which 13
the prescribed project is being undertaken or on other land in 14
another part of the State. 15
`(5) For a condition imposed under this section, the 16
Coordinator-General may nominate an entity that is to have 17
jurisdiction, under the relevant law for the prescribed 18
decision, for the condition. 19
`(6) An entity may be nominated for 1 or more of the conditions. 20
`(7) If the Coordinator-General nominates an entity under 21
subsection (5), the Coordinator-General must give each of the 22
following written notice of the nomination-- 23
(a) the entity; 24
(b) the decision maker and the applicant for the prescribed 25
decision. 26
`(8) Subject to this part, the relevant law for the prescribed 27
decision or process applies to the making of the 28
Coordinator-General's decision under this section. 29
`76P Effects of decision 30
`(1) The Coordinator-General's decision under section 76O about 31
the prescribed decision or process, including a decision to 32
impose a condition-- 33
s7 21 s7
State Development and Other Legislation Amendment
Bill 2006
(a) is taken to be a decision of the decision maker (the 1
original decision maker) under the relevant law for the 2
prescribed decision or process but a person may not 3
appeal against the Coordinator-General's decision under 4
this Act or the relevant law; and 5
(b) takes effect when the applicant for the prescribed 6
decision or process and the original decision maker are 7
given notice, under section 76Q, of the 8
Coordinator-General's decision. 9
`(2) A condition imposed by the original decision maker in 10
relation to the prescribed decision is of no effect to the extent 11
it is inconsistent with a condition imposed by the 12
Coordinator-General. 13
`(3) If the original decision maker makes another prescribed 14
decision for the prescribed project to which the step in notice 15
relates, the other prescribed decision must not be inconsistent 16
with the Coordinator-General's decision. 17
`76Q Notice of decision 18
`(1) The Coordinator-General must give written notice of the 19
Coordinator-General's decision under section 76O about the 20
prescribed decision or process to-- 21
(a) the applicant and decision maker for the prescribed 22
decision or process; and 23
(b) each entity nominated by the Coordinator-General to 24
have jurisdiction for a condition in relation to the 25
prescribed decision or process. 26
`(2) The notice must include-- 27
(a) the reasons for the Coordinator-General's decision; and 28
(b) the conditions, if any, imposed under section 76O(2) in 29
relation to the decision. 30
`76R Report about decision 31
`(1) The Coordinator-General must prepare a report about each 32
step in notice given for a prescribed decision or process. 33
s7 22 s7
State Development and Other Legislation Amendment
Bill 2006
`(2) The Coordinator-General must include the following in the 1
report-- 2
(a) a copy of the step in notice; 3
(b) details of each entity nominated, under section 76O(5), 4
to have jurisdiction for a condition in relation to the 5
prescribed decision or process; 6
(c) a copy of the notice, under section 76Q, of the 7
Coordinator-General's decision; 8
(d) other details about the Coordinator-General's decision 9
required by the Minister. 10
`(3) The Minister must table a copy of the report in the Legislative 11
Assembly within 14 sitting days after notice is given under 12
section 76Q of the Coordinator-General's decision. 13
`Division 4 Voluntary environmental 14
agreements 15
`76S Entering into agreement 16
`(1) The Coordinator-General may, with the approval of the 17
Minister, enter into an agreement (a voluntary environmental 18
agreement) with an applicant for a prescribed decision, or the 19
applicant and another person, about-- 20
(a) preventing, controlling or mitigating detrimental 21
environmental effects of a prescribed project; or 22
(b) conserving, maintaining, rehabilitating or enhancing 23
aspects of the environment. 24
`(2) However, if the rights of any of the following persons will be 25
materially affected by the agreement, the Coordinator-General 26
must not enter into it without that person's written consent-- 27
(a) if the applicant is not the registered owner of land to 28
which the agreement relates--the registered owner of 29
the land; 30
(b) if land to which the agreement relates is subject to a 31
lease or other interest--the lessee or interest holder. 32
s7 23 s7
State Development and Other Legislation Amendment
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`76T Content and duration of agreement 1
`(1) A voluntary environmental agreement in relation to land may 2
contain terms that are binding on the registered owner of the 3
land and the registered owner's successors in title and other 4
persons who have an interest in the land. 5
`(2) Without limiting subsection (1), a voluntary environmental 6
agreement may contain terms-- 7
(a) requiring the applicant to provide financial or other 8
assistance; or 9
(b) requiring the applicant to provide financial assurance to 10
the State; or 11
(c) requiring the applicant to provide technical advice or 12
carry out stated activities; or 13
(d) prohibiting a stated use of land to which the agreement 14
relates; or 15
(e) restricting the use or management of land mentioned in 16
paragraph (d); or 17
(f) requiring the applicant to permit or restrict access to 18
land mentioned in paragraph (d) by stated persons; or 19
(g) requiring the applicant to refrain from, or not to permit, 20
stated activities; or 21
(h) stating the way in which amounts provided by the 22
applicant under the agreement are to be applied by the 23
State or the applicant; or 24
(i) providing for other matters relating to the matters 25
mentioned in section 76S(1). 26
`(3) Subsections (1) and (2) do not limit the terms the voluntary 27
environmental agreement may contain. 28
`(4) A voluntary environmental agreement has effect until it ends 29
under its terms. 30
s7 24 s7
State Development and Other Legislation Amendment
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`76U Recording of particular agreements 1
`(1) The Coordinator-General must, within 14 days after entering 2
into a recorded voluntary environmental agreement in relation 3
to land, give the registrar written notice of the agreement. 4
`(2) The notice must include particulars of the land to which the 5
agreement relates. 6
`(3) The registrar must keep records that-- 7
(a) show the land to which the agreement relates is the 8
subject of a recorded voluntary environmental 9
agreement; and 10
(b) state the places where particulars of the agreement may 11
be inspected. 12
`(4) The registrar must keep the records in a way that a search of 13
the register kept by the registrar under any Act relating to title 14
to the land will show the existence of the recorded voluntary 15
environmental agreement. 16
`(5) As soon as practicable after the recorded voluntary 17
environmental agreement ends-- 18
(a) the Coordinator-General must give the registrar written 19
notice of its ending; and 20
(b) the registrar must remove the particulars of the 21
agreement from the registrar's records. 22
`(6) While the recorded voluntary environmental agreement has 23
effect and is recorded by the registrar under this section, the 24
agreement is binding on-- 25
(a) the successors in title to a registered owner who entered 26
into the agreement or consented, under section 76S(2), 27
to the agreement; and 28
(b) persons who have an interest in the land. 29
`(7) In this section-- 30
recorded voluntary environmental agreement, in relation to 31
land, means a voluntary environmental agreement expressed 32
to be binding on the successors in title to the registered owner 33
of the land and other persons who have an interest in the land. 34
s7 25 s7
State Development and Other Legislation Amendment
Bill 2006
registrar means the registrar of titles or another person 1
responsible for keeping a register for dealings in land. 2
`Division 5 Other matters 3
`76V Recovering cost of particular advice or services 4
`(1) This section applies if, in making an assessment under this 5
part about a prescribed decision or process, the 6
Coordinator-General obtains from another entity advice or 7
services the Coordinator-General considers necessary to make 8
the assessment. 9
`(2) The Coordinator-General may recover from the applicant for 10
the prescribed decision or process as a debt the reasonable 11
cost of obtaining the advice or services. 12
`76W Application of Judicial Review Act 1991 13
`The Judicial Review Act 1991, parts 3 and 5, other than 14
section 41(1), do not apply to-- 15
(a) a decision of the Minister to declare a project to be a 16
prescribed project if the project is a critical 17
infrastructure project; or 18
(b) a decision of the Coordinator-General to give a 19
progression notice, notice to decide or a step in notice 20
for a critical infrastructure project; or 21
(c) the Coordinator-General's decision under section 76O 22
about a prescribed decision or process for a critical 23
infrastructure project; or 24
(d) a decision or conduct leading up to or forming part of 25
the process of making a decision mentioned in 26
paragraph (a), (b) or (c). 27
28
Editor's note--
29
The Judicial Review Act 1991, part 3 deals with statutory orders of
30
review, and part 5 deals with prerogative orders and injunctions.'.
s8 26 s9
State Development and Other Legislation Amendment
Bill 2006
Clause 8 Amendment of s 77 (Declaration of State development 1
areas, variation and termination thereof) 2
Section 77-- 3
insert-- 4
`(3) In considering whether the public interest or general welfare 5
of persons requires the declaration of a State development 6
area under subsection (1), the Governor in Council may have 7
regard to-- 8
(a) the purposes for taking or acquiring land under section 9
82(1); and 10
(b) other matters the Governor in Council considers 11
relevant.'. 12
Clause 9 Amendment of s 82 (Acquisition of land in State 13
development area) 14
(1) Section 82(4)-- 15
renumber as section 82(8). 16
(2) Section 82-- 17
insert-- 18
`(4) The power to take or acquire land in a State development area 19
for a purpose (the primary purpose) includes power to take at 20
any time land in the area either for the primary purpose or for 21
any purpose incidental to the carrying out of the primary 22
purpose. 23
`(5) As well as land granted in fee simple, the 24
Coordinator-General may take or acquire land that is held 25
from the State for an estate or interest less than fee simple for 26
any of the purposes stated in subsection (1). 27
`(6) The following provisions apply with the stated changes to the 28
taking or acquisition of land in a State development area-- 29
(a) section 125(7) applies as if the reference in the 30
subsection to subsection (1) were a reference to section 31
82(1); 32
s 10 27 s 10
State Development and Other Legislation Amendment
Bill 2006
(b) section 125(11) and (13) apply as if the reference in the 1
subsections to subsection (10) were a reference to 2
section 82(5); 3
(c) section 125(12) applies as if the reference in the 4
subsection to the land were a reference to land taken 5
under section 82(5); 6
(d) section 125(14) applies as if the reference in the 7
subsection to subsections (7) to (13) were a reference to 8
a taking or acquisition of land under section 82; 9
(e) section 125(15) applies as if the reference in the 10
subsection to this section were a reference to section 82; 11
(f) section 125A applies as if-- 12
(i) a reference in the section to section 125 were a 13
reference to section 82; and 14
(ii) the reference in the section to section 125(1) were 15
a reference to section 82(1); 16
(g) section 127 applies as if-- 17
(i) the reference in the section to section 125(10) were 18
a reference to section 82(5); and 19
(ii) the reference in the section to section 125(13) were 20
a reference to section 125(13) as it has effect under 21
paragraph (b); 22
(h) section 129 applies as if a reference in the section to 23
section 125 were a reference to section 82. 24
`(7) Subsection (6) applies subject to section 83.'. 25
Clause 10 Amendment of s 109 (Approval of certain works) 26
(1) Section 109, heading, `Approval of certain'-- 27
omit, insert-- 28
`Direction about particular'. 29
(2) Section 109, from `approve' to `undertake'-- 30
omit, insert-- 31
`direct the Coordinator-General or other person to undertake'. 32
s 11 28 s 12
State Development and Other Legislation Amendment
Bill 2006
Clause 11 Amendment of s 110 (Coordinator-General to undertake 1
approved works) 2
(1) Section 110, heading-- 3
omit, insert-- 4
`110 Undertaking particular works'. 5
(2) Section 110(1), `approval is granted'-- 6
omit, insert-- 7
`a regulation is made'. 8
(3) Section 110(1), `approved'-- 9
omit, insert-- 10
`directed'. 11
(4) Section 110(1), `the approval'-- 12
omit, insert-- 13
`the regulation'. 14
(5) Section 110(2), `approved by the Governor in Council'-- 15
omit, insert-- 16
`directed by the regulation'. 17
Clause 12 Amendment of s 111 (Delegation of authority of 18
Coordinator-General) 19
(1) Section 111(2), `reason of an approval of the Governor in 20
Council'-- 21
omit, insert-- 22
`a regulation'. 23
(2) Section 111(5), `an approval'-- 24
omit, insert-- 25
`a regulation'. 26
s 13 29 s 14
State Development and Other Legislation Amendment
Bill 2006
Clause 13 Amendment of s 140 (Powers in respect of works on 1
foreshore and under waters) 2
(1) Section 140, heading, before `works'-- 3
insert-- 4
`particular'. 5
(2) Section 140(1)(b)-- 6
omit, insert-- 7
`(b) direct that the taking and use of the sand, stone, gravel 8
and other material for the works is exempt development 9
under the Integrated Planning Act.'. 10
(3) Section 140(3) and (4)-- 11
omit, insert-- 12
`(3) For the Coastal Protection and Management Act 1995, section 13
101, an authorisation under this section to take sand, stone, 14
gravel and other material is taken to be an allocation notice 15
under the Act for the removal of the sand, stone, gravel and 16
other material.'. 17
Clause 14 Amendment of schedule (Dictionary) 18
(1) Schedule, definitions, concurrence agency, development 19
approval and IDAS-- 20
omit. 21
(2) Schedule-- 22
insert-- 23
`advice agency means an advice agency under the Integrated 24
Planning Act. 25
applicant, for part 5A, see section 76D. 26
concurrence agency means a concurrence agency under the 27
Integrated Planning Act. 28
critical infrastructure project, for part 5A, see section 76D. 29
decision maker, for part 5A, see section 76D. 30
declaration, for part 5A, see section 76D. 31
s 15 30 s 16
State Development and Other Legislation Amendment
Bill 2006
development approval means a development approval under 1
the Integrated Planning Act. 2
IDAS see the Integrated Planning Act, schedule 10. 3
notice to decide, for part 5A, see section 76D. 4
prescribed decision, for part 5A, see section 76D. 5
prescribed process, for part 5A, see section 76D. 6
prescribed project, for part 5A, see section 76D. 7
progression notice, for part 5A, see section 76D. 8
referral coordination means referral coordination under the 9
Integrated Planning Act 10
registered owner, for part 5A, see section 76D. 11
relevant law, for part 5A, see section 76D. 12
step in notice, for part 5A, see section 76D. 13
voluntary environmental agreement, for part 5A, see section 14
76D.'. 15
Part 3 Amendment of Integrated 16
Planning Act 1997 17
Clause 15 Act amended in pt 3 18
This part amends the Integrated Planning Act 1997. 19
Clause 16 Amendment of s 3.2.1 (Applying for development 20
approval) 21
(1) Section 3.2.1(3), `subsection (12)'-- 22
omit, insert-- 23
`subsections (12) and (13)'. 24
(2) Section 3.2.1-- 25
insert-- 26
s 17 31 s 19
State Development and Other Legislation Amendment
Bill 2006
`(13) The consent of the owner of the land is not required to the 1
extent-- 2
(a) the land, the subject of the application, is acquisition 3
land; and 4
(b) the application relates to the purpose for which the land 5
is to be taken or acquired.'. 6
Clause 17 Amendment of s 3.5.19 (When approval takes effect) 7
(1) Section 3.5.19(2) and (3)-- 8
renumber as section 3.5.19(3) and (4). 9
(2) Section 3.5.19-- 10
insert-- 11
`(2) However, if the approval relates to land that was acquisition 12
land to which section 3.2.1(13) applied when the application 13
was made, the development approval does not have effect 14
until the later of the following-- 15
(a) the day the land is taken or acquired under the State 16
Development and Public Works Organisation Act 1971 17
or Acquisition of Land Act 1967; 18
(b) the time the development approval would, other than for 19
this subsection, have effect.'. 20
Clause 18 Amendment of s 3.5.24 (Request to change development 21
approval (other than a change of a condition)) 22
Section 3.5.24(3), after `consent'-- 23
insert-- 24
`unless the approval relates to land that was acquisition land to 25
which section 3.2.1(13) applied when the application for the 26
approval was made'. 27
Clause 19 Amendment of sch 10 (Dictionary) 28
Schedule 10-- 29
insert-- 30
s 20 32 s 22
State Development and Other Legislation Amendment
Bill 2006
`acquisition land means land-- 1
(a) proposed to be taken or acquired under the State 2
Development and Public Works Organisation Act 1971 3
or Acquisition of Land Act 1967; and 4
(b) in relation to which a notice of intention to resume 5
under the Acquisition of Land Act 1967 has been served, 6
and the proposed taking or acquisition has not been 7
discontinued; and 8
(c) that has not been taken or acquired.'. 9
Part 4 Amendment of Judicial Review 10
Act 1991 11
Clause 20 Act amended in pt 4 12
This part amends the Judicial Review Act 1991. 13
Clause 21 Amendment of sch 1 (Operation of other laws) 14
Schedule 1, part 1-- 15
insert-- 16
`State Development and Public Works Organisation Act 1971, 17
section 76W'. 18
Part 5 Amendment of Land Act 1994 19
Clause 22 Act amended in pt 5 20
This part amends the Land Act 1994. 21
s 23 33 s 25
State Development and Other Legislation Amendment
Bill 2006
Clause 23 Amendment of s 369 (Public utility easements) 1
(1) Section 369(2)-- 2
insert-- 3
`(e) an infrastructure corridor; 4
(f) a purpose mentioned in the State Development and 5
Public Works Organisation Act 1971, section 125(1).'. 6
(2) Section 369(4)(b)(ii)-- 7
renumber as section 369(4)(b)(iii). 8
(3) Section 369(4)(b)-- 9
insert-- 10
`(ii) cyclists;'. 11
(4) Section 369(8)-- 12
insert-- 13
`infrastructure corridor means an infrastructure corridor 14
under the State Development and Public Works Organisation 15
Act 1971, section 82(8).'. 16
Part 6 Amendment of Land Title Act 17
1994 18
Clause 24 Act amended in pt 6 19
This part amends the Land Title Act 1994. 20
Clause 25 Amendment of s 89 (Easements for public utility 21
providers) 22
(1) Section 89(2)(a)(iv)-- 23
omit, insert-- 24
`(iv) water storage; 25
(v) an infrastructure corridor; 26
s 26 34 s 27
State Development and Other Legislation Amendment
Bill 2006
(vi) a purpose mentioned in the State Development and 1
Public Works Organisation Act 1971, section 2
125(1).'. 3
(2) Section 89(3)(b)(ii)-- 4
renumber as section 89(3)(b)(iii). 5
(3) Section 89(3)(b)-- 6
insert-- 7
`(ii) cyclists;'. 8
(4) Section 89(7)-- 9
insert-- 10
`infrastructure corridor means an infrastructure corridor 11
under the State Development and Public Works Organisation 12
Act 1971, section 82(8).'. 13
Part 7 Amendment of Water Act 2000 14
Clause 26 Act amended in pt 7 15
This part amends the Water Act 2000. 16
Clause 27 Amendment of s 25L (Relationship with State 17
Development and Public Works Organisation Act 1971) 18
Section 25L(2)(c), from `approving'-- 19
omit, insert-- 20
`under section 109 directing works be undertaken; and'. 21
35
State Development and Other Legislation Amendment
Bill 2006
Schedule Other amendments of the State 1
Development and Public 2
Works Organisation Act 1971 3
section 2 4
1 Section 108, heading, `certain'-- 5
omit, insert-- 6
`particular'. 7
2 Section 128(1), `taken by the Coordinator-General'-- 8
omit, insert-- 9
`taken by the Coordinator-General under this Act'. 10
3 Section 130(1), `Coordinator-General or'-- 11
omit, insert-- 12
`Coordinator-General under this Act or'. 13
4 Section 132, `Coordinator-General and'-- 14
omit, insert-- 15
`Coordinator-General under this Act and'. 16
5 Section 133, `Coordinator-General was'-- 17
omit, insert-- 18
`Coordinator-General under this Act was'. 19
© State of Queensland 2006
AMENDMENTS TO BILL
1
State Development and Other Legislation Amendment
Bill 2006
State Development and Other Legislation
Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 7 (Insertion of new pt 5A)--
At page 11, after line 21--
insert--
` `(5) This section applies subject to section 76EA.
`76EA Process applying to particular declarations
`(1) This section applies if the Minister intends to declare a project
with a capital investment value of not more than $50 million
to be a prescribed project.
`(2) Before making the declaration, the Minister--
(a) must give each interested person for the project a written
notice that--
(i) describes the project and the area in which the
project is proposed to be undertaken; and
(ii) states the grounds on which the Minister considers
the project should be declared a prescribed project;
and
(iii) invites the person to give the Minister a submission
about the proposed declaration within the period
stated in the notice; and
(b) must consider each properly made submission given to
the Minister about the proposed declaration.
`(3) The stated period for subsection (2)(a)(iii) must be at least 10
business days after the interested person is given the notice.
`(4) The Minister must, within 10 business days after making a
decision about declaring the project to be a prescribed project,
give to each interested person who gave the Minister a
2
State Development and Other Legislation Amendment
Bill 2006
properly made submission a written notice stating the
Minister's reasons for the decision.
`(5) In this section--
capital investment value, for a project, includes all costs
necessary to establish and operate infrastructure associated
with the project, including, for example, the cost of--
(a) fixed or mobile plant and equipment; and
(b) designing and constructing buildings or other structures;
and
(c) engaging consultants.
interested person, for a project, means each local government
for the area in which the project is proposed to be undertaken.
properly made submission means a submission that--
(a) is in writing and is signed by the local government that
made the submission; and
(b) is received within the stated period for making the
submission; and
(c) states the grounds of the submission and the facts and
circumstances relied on in support of the grounds.'.
2 Clause 7 (Insertion of new pt 5A)--
At page 17, line 16, after `assistance'--
insert--
`or recommendations'.
3 Clause 7 (Insertion of new pt 5A)--
At page 18, after line 2--
insert--
` `(3) Subsection (4) applies if, other than for the giving of the step
in notice, under the relevant law for the prescribed decision a
local government could have imposed a condition, in relation
3
State Development and Other Legislation Amendment
Bill 2006
to the decision, for infrastructure to which the Integrated
Planning Act, chapter 5, part 1, applies.
`(4) The local government may, before the Coordinator-General
makes a decision under section 76O about the prescribed
decision, give the Coordinator-General a written
recommendation to impose the condition.'.
4 Clause 7 (Insertion of new pt 5A)--
At page 20, after line 15--
insert--
` `(4A) If the Coordinator-General receives a recommendation under
section 76M(4) to impose a condition in relation to the
prescribed decision, the Coordinator-General must impose the
condition unless the Minister directs otherwise.
`(4B) The Coordinator-General's decision to impose a condition
under subsection (4A) is taken to be a decision for the
purposes of the Integrated Planning Act, section 5.1.8(2)(b).'.
5 Clause 7 (Insertion of new pt 5A)
At page 25, lines 16 to 18--
omit, insert--
`(a) a decision of the Minister to declare a project to be--
(i) a critical infrastructure project; or
(ii) a prescribed project if the project is a critical
infrastructure project; or'.
6 After clause 13--
At page 29, after line 17--
insert--
`13A Insertion of new pt 6, div 8
`Before part 7--
insert--
4
State Development and Other Legislation Amendment
Bill 2006
`Division 8 Easements for critical infrastructure
projects
`153A Definitions for div 8
`In this division--
appropriate register means the appropriate register under the
Land Act 1994 or the Land Title Act 1994.
critical infrastructure easement means an easement
registered under section 153B.
easement holder, in relation to a critical infrastructure
easement, means--
(a) the Coordinator-General; or
(b) if the easement is transferred to another entity--the
entity to which it is transferred.
registrar means the registrar of titles or another person
responsible for keeping a register for dealings in land.
relevant public utility easement means an easement
registered as a public utility easement under the Land Act
1994, chapter 6, part 4, division 8, or the Land Title Act 1994,
part 6, division 4, or that would have been registered as a
public utility easement under those provisions if it had been
registered after the provisions commenced.
`153B Registration of critical infrastructure easement
`(1) This section applies to land that--
(a) is the subject of a critical infrastructure project; and
(b) is burdened by a relevant public utility easement.
`(2) On receiving an instrument of easement for the land, the
registrar must record the particulars of the easement in the
appropriate register if--
(a) the instrument--
(i) relates only to the land affected by the relevant
public utility easement; and
5
State Development and Other Legislation Amendment
Bill 2006
(ii) is signed by the Minister; and
(b) the easement is in favour of the Coordinator-General.
`(3) Despite the Land Act 1994, section 363 or the Land Title Act
1994, section 83, the easement may be registered under the
Acts--
(a) without the instrument being signed by a person other
than the Minister; and
(b) for an easement under the Land Act 1994--without the
approval of the Minister under that Act.
`(4) The easement is taken to be a public utility easement under
the Land Act 1994, chapter 6, part 4, division 8, or the Land
Title Act 1994, part 6, division 4.
`153C Terms of easement
`A critical infrastructure easement may include the following
terms--
(a) the easement holder, or a person employed, engaged or
authorised in writing by the holder, may construct,
maintain, repair, renew, replace or operate infrastructure
in or on land burdened by the easement;
(b) the easement holder is the owner of the infrastructure
mentioned in paragraph (a);
(c) other terms the Minister considers necessary to facilitate
the construction, maintenance, repair, renewal,
replacement or operation of the infrastructure.
`153D Effect of registration of easement
`(1) The registration of a critical infrastructure easement over land
under section 153B does not extinguish a relevant public
utility easement.
`(2) However, the grantee of the relevant public utility easement
can not, without the consent of the easement holder for the
critical infrastructure easement, exercise any rights in relation
to the relevant public utility easement to the extent the
6
State Development and Other Legislation Amendment
Bill 2006
exercise of the rights would interfere with the exercise of
rights under the critical infrastructure easement.
`153E Transfer of easement
`(1) With the Minister's written approval, a critical infrastructure
easement may be transferred to--
(a) another public utility provider; or
(b) a person approved by the Minister as suitable to provide
a public utility service in relation to the critical
infrastructure easement.
`(2) On receiving an instrument evidencing the transfer, the
registrar must record the transfer in the appropriate register.
`(3) The transfer may be recorded in the appropriate register--
(a) without the approval of a person other than the Minister;
and
(b) if the appropriate register is a register under the Land
Act 1994--without the approval of the Minister under
that Act.
`(4) A person approved by the Minister under subsection (1)(b) is
taken to be a public utility provider for the purposes of the
critical infrastructure easement.
`(5) In this section--
public utility provider means a public utility provider under--
(a) the Land Act 1994, chapter 6, part 4, division 8; or
(b) the Land Title Act 1994, part 6, division 4.
`153F Amendment of easement
`(1) A critical infrastructure easement may, with the Minister's
written approval, be amended under, as appropriate--
(a) the Land Act, section 370; or
(b) the Land Title Act, section 91.
`(2) However, the amendment may be registered--
7
State Development and Other Legislation Amendment
Bill 2006
(a) without the instrument of amendment being signed by a
person other than the easement holder; and
(b) for an amendment under the Land Act 1994--without
the approval of the Minister under that Act.
`153G Minister to give notice of registration or amendment
`(1) The Minister must, as soon as practicable after a critical
infrastructure easement is registered or amended under this
division, give written notice of the registration or amendment
to each person who has an interest in land the subject of the
easement.
`(2) The notice must include all of the following--
(a) for registration of an easement--particulars of the
easement;
(b) for amendment of an easement--particulars of the
amendment;
(c) information about the person's right to claim
compensation under section 153I, and the process for
claiming the compensation.
`153H Application of particular provisions
`To remove any doubt, it is declared that sections 153C to
153G continue to apply to a critical infrastructure easement
even if the land the subject of the easement is no longer the
subject of a critical infrastructure project.
`153I Compensation
`(1) Subsection (2) applies to a person who has an interest in land
burdened by a critical infrastructure easement--
(a) when it is registered under section 153B; or
(b) when its terms are amended under section 153F.
`(2) The person has a right to claim compensation under the
Acquisition of Land Act 1967 in relation to the extent to which
8
State Development and Other Legislation Amendment
Bill 2006
the person's interest is affected by the registration or
amendment.
`(3) For claiming the compensation, the process stated in the
Acquisition of Land Act 1967 for the payment of
compensation for land taken under that Act applies with any
necessary changes as if the registration or amendment were a
taking of land under that Act by the State.
`(4) Other than as stated in this section, a person has no right to
compensation for the registration or amendment of a critical
infrastructure easement under this division.'.'.
7 Clause 14 (Amendment of schedule (Dictionary))--
At page 29, after line 26--
insert--
`appropriate register, for part 6, division 8, see section
153A.'.
8 Clause 14 (Amendment of schedule (Dictionary))--
At page 29, after line 28--
insert--
`critical infrastructure easement, for part 6, division 8, see
section 153A.'.
9 Clause 14 (Amendment of schedule (Dictionary))--
At page 29, line 29, `, for part 5A,'--
omit.
10 Clause 14 (Amendment of schedule (Dictionary))--
At page 30, after line 2--
insert--
`easement holder, for part 6, division 8, see section 153A.'.
9
State Development and Other Legislation Amendment
Bill 2006
11 Clause 14 (Amendment of schedule (Dictionary))--
At page 30, after line 11--
insert--
`registrar, for part 6, division 8, see section 153A.'.
12 Clause 14 (Amendment of schedule (Dictionary))--
At page 30, after line 12--
insert--
`relevant public utility easement, for part 6, division 8, see
section 153A.'.
13 After clause 22--
At page 32, after line 21--
insert--
`22A Amendment of s 296 (Tenure document to be returned to
land registry)
`Section 296(2)--
insert--
`(d) a request to register a dealing under the State
Development and Public Works Organisation Act 1971,
part 6, division 8.'.'.
14 After clause 25 (Amendment of s 89 (Easements for
public utility providers))--
At page 34, after line 13--
insert--
`25A Amendment of s 154 (Lodging certificate of title)
`Section 154(2)--
insert--
10
State Development and Other Legislation Amendment
Bill 2006
`(i) a request to register a dealing under the State
Development and Public Works Organisation Act 1971,
part 6, division 8.'.'.
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