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Queensland
STATE DEVELOPMENT AND
PUBLIC WORKS
ORGANISATION
AMENDMENT BILL 1999
Queensland
STATE DEVELOPMENT AND PUBLIC
WORKS ORGANISATION AMENDMENT
BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 29 (Supervision of environment) . . . . . . . . . . . . . . . . . . . . 7
5 Insertion of new pt 4, div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 1--Preliminary
29 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 29A (Supervision of environment) . . . . . . . . . . . . . . . . . . . 8
7 Insertion of new pt 4, divs 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Significant project
29B Declaration of significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
29C Matters coordinator-general considers before making declaration . 9
29D Application of divs 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--EIS process
29E Notice of requirement for EIS and of draft terms of reference . . . . . 9
29F Finalising terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29G Coordinator-general may seek information to assist
preparation of EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29H Preparation of EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29I Public notification of EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29J Making submissions on EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
State Development and Public Works
Organisation Amendment
29K Coordinator-general evaluates EIS, submissions, other
material and prepares report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Relationship with Integrated Planning Act 1997
29L Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
29M Applications for material change of use or requiring
impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
29N When the decision stage for the project starts under IDAS . . . . . . . 12
29O Application of coordinator-general's report to IDAS . . . . . . . . . . . . . 13
29P Assessment manager to be given copy of
coordinator-general's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 5--Relationship with Mineral Resources Act 1989
29Q Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
29R Process if certificate of application has not been issued . . . . . . . . . 14
29S Process if certificate of application has been issued . . . . . . . . . . . . 15
29T Application of coordinator-general's report to issue of
mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
29U Minister to be given copy of coordinator-general's report . . . . . . . . 15
29V Coordinator-general's report is a result of Minister's study
for s 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 6--Relationship with other legislation
29W Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29X EIS under this part is EIS for other Act . . . . . . . . . . . . . . . . . . . . . . . 16
29Y Application of coordinator-general's report to other
approval process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29Z Person approving project to be given copy of
coordinator-general's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29ZA Coordinator-general's report must be taken into consideration . . . . 16
8 Amendment of s 55 (User of land under approved development
scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Insertion of new ss 55A55J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
55A Continued existing lawful use not an offence . . . . . . . . . . . . . . . . . . 18
Division 1A--Compensation
Subdivision 1--Preliminary
55B Definitions for div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3
State Development and Public Works
Organisation Amendment
Subdivision 2--Entitlement to compensation
55C Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
55D Limitations on compensation under s 55C . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 3--Claims for, and payment of, compensation
55E Time limit for claiming compensation . . . . . . . . . . . . . . . . . . . . . . . . 20
55F Deciding claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
55G Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
55H Calculating reasonable compensation involving changes . . . . . . . . 21
55I When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
55J Payment of compensation to be recorded on title . . . . . . . . . . . . . . . 22
Subdivision 4--Appeals
55K Appeals against decisions on compensation claims . . . . . . . . . . . . . 22
55L How appeals are started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
55M Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
55N Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10 Amendment of s 70 (Project boards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
74A Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
12 Amendment of s 78 (Power of Coordinator-General to take land) . . . . . . . 25
13 Insertion of new ss 78A and 78B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
78A Ensuring reasonable steps are taken to otherwise acquire land . . . . 28
78B Relationship with native title legislation . . . . . . . . . . . . . . . . . . . . . . 28
14 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
79A Power to use, lease or dispose of land . . . . . . . . . . . . . . . . . . . . . . . . 28
15 Insertion of new pt 6, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 6--Investigating potential infrastructure facility
91A Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
91B Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
91C How to apply for investigator's authority . . . . . . . . . . . . . . . . . . . . . . 30
91D Additional information about application . . . . . . . . . . . . . . . . . . . . . 31
91E Granting authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
State Development and Public Works
Organisation Amendment
91F Investigator's authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
91G What investigator must do before land is entered for the
first time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
91H Investigator to issue associated person with identification . . . . . . . 34
91I Pretending to be an investigator etc. . . . . . . . . . . . . . . . . . . . . . . . . . 35
91J Investigator to take care in acting under authority . . . . . . . . . . . . . . 35
91K Rectification of damage by investigator . . . . . . . . . . . . . . . . . . . . . . 35
91L Compensation payable by investigator . . . . . . . . . . . . . . . . . . . . . . . 36
91M Release of bond or security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . 36
16 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 9--TRANSITIONAL PROVISIONS FOR THE STATE
DEVELOPMENT AND PUBLIC WORKS ORGANISATION
AMENDMENT ACT 1999
123 Studies being prepared are taken to be EISs for this part . . . . . . . . . 37
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 39
MINOR AMENDMENTS
1999
A BILL
FOR
An Act to amend the State Development and Public Works
Organization Act 1971
s1 6 s3
State Development and Public Works
Organisation Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the State Development and Public Works 3
Organisation Amendment Act 1999. 4
amended 5
Act
Clause 2. This Act amends the State Development and Public Works 6
Organization Act 1971. 7
of s 5 (Meaning of terms) 8
Amendment
Clause 3.(1) Section 5, heading-- 9
omit, insert-- 10
`Definitions'. 11
(2) Section 5, definition "environmental effects"-- 12
omit. 13
(3) Section 5-- 14
insert-- 15
` "environment" includes-- 16
(a) ecosystems and their constituent parts, including people and 17
communities; and 18
(b) all natural and physical resources; and 19
(c) the qualities and characteristics of locations, places and areas, 20
however large or small, that contribute to their biological diversity 21
and integrity, intrinsic or attributed scientific value or interest, 22
amenity, harmony and sense of community; and 23
(d) the social, economic, aesthetic and cultural conditions that affect, 24
or are affected by, things mentioned in paragraphs (a) to (c). 25
s4 7 s5
State Development and Public Works
Organisation Amendment
"environmental effects" means the effects of development on the 1
environment, whether beneficial or detrimental.'. 2
of s 29 (Supervision of environment) 3
Amendment
Clause 4. Section 29-- 4
renumber as section 29A. 5
of new pt 4, div 1 6
Insertion
Clause 5. In part 4, before section 29A-- 7
insert-- 8
`Division 1--Preliminary 9
for pt 4 10
`Definitions
`29. In this part-- 11
"assessment manager", for an application, means the assessment manager 12
under the Integrated Planning Act 1997. 13
"development approval" means a development approval under the 14
Integrated Planning Act 1997. 15
"EIS" means an environmental impact statement. 16
"IDAS" see Integrated Planning Act 1997, schedule 10. 17
"properly made submission", for an EIS, means a submission that-- 18
(a) is made to the coordinator-general in writing; and 19
(b) is received on or before the last day of the submission period; and 20
(c) is signed by each person who made the submission; and 21
(d) states the name and address of each person who made the 22
submission; and 23
(e) states the grounds of the submission and the facts and 24
circumstances relied on in support of the grounds. 25
"proponent" means the person who proposes a significant project. 26
s6 8 s7
State Development and Public Works
Organisation Amendment
"significant project" means a project declared under section 29B to be a 1
significant project. 2
"submission period", for a submission about an EIS, see 3
section 29I(1)(d).'. 4
of s 29A (Supervision of environment) 5
Amendment
Clause 6. Section 29A-- 6
insert-- 7
`(3) Subsection (2) does not apply to a significant project. 8
`(4) Subsections (2) and (3) and this subsection expire when the 9
Integrated Planning Act 1997, section 6.1.40 expires.1'. 10
of new pt 4, divs 26 11
Insertion
Clause 7. After section 29A-- 12
insert-- 13
`Division 2--Significant project 14
of significant project 15
`Declaration
`29B.(1) The coordinator-general may declare a project to be a significant 16
project for which an EIS is required. 17
`(2) The declaration must be made by gazette notice. 18
`(3) If the project involves development that requires an application for a 19
a development approval, the coordinator-general must give a copy of the 20
gazette notice to the person who is, or would be, the assessment manager 21
for the application. 22
`(4) If the project involves mining, the coordinator-general must give a 23
copy of the gazette notice to the Minister administering the Mineral 24
Resources Act 1989. 25
1 The Integrated Planning Act 1997, section 6.1.40 expires on 30 March 2000.
s7 9 s7
State Development and Public Works
Organisation Amendment
coordinator-general considers before making declaration 1
`Matters
`29C. In considering whether the project should be declared a significant 2
project, the coordinator-general must have regard to 1 or more of the 3
following-- 4
(a) detailed information about the project given by the proponent in 5
an initial advice statement; 6
(b) relevant planning schemes or policy frameworks, including those 7
of a relevant local government or of the State or the 8
Commonwealth; 9
(c) the project's potential effect on relevant infrastructure; 10
(d) the employment opportunities that will be provided by the project; 11
(e) the potential environmental effects of the project; 12
(f) the complexity of local, State and Commonwealth requirements 13
for the project; 14
(g) the level of investment necessary for the proponent to carry out 15
the project; 16
(h) the strategic significance of the project to the locality, region or the 17
State. 18
of divs 36 19
`Application
`29D. Divisions 3 to 6 apply only if the project is declared, under 20
section 29B, to be a significant project. 21
`Division 3--EIS process 22
of requirement for EIS and of draft terms of reference 23
`Notice
`29E. The coordinator-general must-- 24
(a) advise the proponent that an EIS is required for the project; and 25
(b) publicly notify-- 26
(i) that an EIS is required for the project; and 27
s7 10 s7
State Development and Public Works
Organisation Amendment
(ii) where copies of the draft terms of reference may be 1
obtained; and 2
(iii) that comments on the draft terms of reference are invited. 3
terms of reference 4
`Finalising
`29F. When finalising the terms of reference for the EIS, the 5
coordinator-general must have regard to comments received. 6
may seek information to assist preparation of 7
`Coordinator-general
EIS 8
`29G.(1) The coordinator-general may refer details of the project, the 9
initial advice statement and the terms of reference, to any entity the 10
coordinator-general considers may be able to give the coordinator-general 11
comment and information that will help in preparing the EIS. 12
`(2) If the entity wants the proponent to consider its response when 13
preparing the EIS, the entity must give its response to the 14
coordinator-general within the reasonable time stated by the 15
coordinator-general for giving the response (the "response time"). 16
`(3) If the entity does not give its response within the response time, the 17
proponent may prepare the EIS as if the entity had no comment on the 18
project. 19
of EIS 20
`Preparation
`29H. The EIS prepared by the proponent must address the terms of 21
reference to the satisfaction of the coordinator-general. 22
notification of EIS 23
`Public
`29I.(1) After the proponent has prepared the EIS to the satisfaction of 24
the coordinator-general, the proponent must publicly notify the following-- 25
(a) where a copy of the EIS is available for inspection; 26
s7 11 s7
State Development and Public Works
Organisation Amendment
(b) where a copy of the EIS may be obtained at a stated reasonable 1
cost; 2
(c) that submissions may be made to the coordinator-general about 3
the EIS; 4
(d) the period (the "submission period"), set by the 5
coordinator-general, during which a submission may be made. 6
`(2) For subsection (1)(b), the stated reasonable cost must not be more 7
than the actual cost of producing the copy. 8
aking submissions on EIS 9
`M
`29J.(1) During the submission period, any person may make a 10
submission to the coordinator-general about the EIS. 11
`(2) The coordinator-general must accept properly made submissions. 12
`(3) However, the coordinator-general may accept a written submission 13
even if the submission is not a properly made submission. 14
`(4) If the coordinator-general has accepted a submission, the person who 15
made the submission may, by written notice given to the 16
coordinator-general-- 17
(a) during the submission period--amend the submission; or 18
(b) at any time before a decision about the EIS is made--withdraw 19
the submission. 20
evaluates EIS, submissions, other material and 21
`Coordinator-general
prepares report 22
`29K.(1) The coordinator-general must, after the end of the submission 23
period, consider the EIS, all properly made submissions and other 24
submissions accepted by the coordinator-general about the EIS and any 25
other material the coordinator-general considers is relevant to the project. 26
`(2) The coordinator-general may ask the proponent for additional 27
information or comment about the EIS and the project. 28
`(3) The coordinator-general must prepare a report evaluating the EIS. 29
s7 12 s7
State Development and Public Works
Organisation Amendment
`(4) After completing the report, the coordinator-general must give a 1
copy of the report to the proponent. 2
`Division 4--Relationship with Integrated Planning Act 1997 3
of div 4 4
`Application
`29L. This division applies if the project involves development requiring 5
an application for a development approval. 6
for material change of use or requiring impact 7
`Applications
assessment 8
`29M.(1) To the extent the application is for a material change of use, or 9
requires impact assessment, under the Integrated Planning Act 1997, or 10
both-- 11
(a) the information and referral stage and the notification stage of 12
IDAS do not apply to the application; and 13
(b) there are no referral agencies, under the Integrated Planning Act 14
1997, for the application; and 15
(c) a properly made submission about the EIS is taken to be a 16
properly made submission about the application under IDAS; and 17
(d) despite paragraph (b), the coordinator-general's report is taken to 18
be a concurrence agency's response for the application under 19
IDAS. 20
`(2) Subsection (1)(c) does not apply if the application involves only a 21
material change of use requiring code assessment under the Integrated 22
Planning Act 1997. 23
the decision stage for the project starts under IDAS 24
`When
`29N. Despite the Integrated Planning Act 1997, section 3.5.1, the 25
decision stage of IDAS for the application does not start until-- 26
s7 13 s7
State Development and Public Works
Organisation Amendment
(a) if the coordinator-general is not the assessment manager for the 1
application--the coordinator-general gives the assessment 2
manager a copy of the coordinator-general's report; or 3
(b) if the coordinator-general is the assessment manager for the 4
application--the coordinator-general gives the proponent a copy 5
of the report. 6
of coordinator-general's report to IDAS 7
`Application
`29O.(1) The coordinator-general's report may state for the assessment 8
manager 1 or more of the following-- 9
(a) the conditions that must attach to any development approval; 10
(b) that any development approval must be for part only of the 11
development; 12
(c) that any approval must be a preliminary approval only. 13
`(2) Alternatively, the report must state for the assessment manager-- 14
(a) that there are no conditions or requirements for the project; or 15
(b) that the application for a development approval must be refused. 16
`(3) The report may only state the application must be refused if the 17
coordinator-general is satisfied there are environmental effects in relation to 18
the development that can not be addressed adequately. 19
`(4) The report must give reasons for the statements mentioned in 20
subsections (1) and (2). 21
manager to be given copy of coordinator-general's report 22
`Assessment
`29P. If the coordinator-general is not the assessment manager for the 23
application, the coordinator-general must give a copy of the report to the 24
assessment manager for the application. 25
s7 14 s7
State Development and Public Works
Organisation Amendment
5--Relationship with Mineral Resources Act 1989 1
`Division
for div 5 2
`Definitions
`29Q. In this division-- 3
"application" means the application made under the Mineral Resources 4
Act 1989, section 245, for the grant of a mining lease for the project. 5
"certificate of application" means the certificate of application that has, or 6
could be issued, for the application under the Mineral Resources Act 7
1989, section 252. 8
"environmental management overview strategy", for the application for 9
the project, means an environmental management overview strategy 10
mentioned in the Mineral Resources Act 1989, section 245(1)(p), that 11
is prepared for the project as part of an EIS under this Act. 12
"Minister" means the Minister administering the Mineral Resources Act 13
1989. 14
"statement of proposals", for the application for the project, means a 15
statement mentioned in the Mineral Resources Act 1989, 16
section 245(1)(o)(iii)(B), that is prepared for the project as part of an 17
EIS under this Act. 18
if certificate of application has not been issued 19
`Process
`29R.(1) This section applies if a certificate of application has not been 20
issued at the time the project is declared to be a significant project. 21
`(2) Despite the Mineral Resources Act 1989, section 245, the mining 22
registrar must accept a statement of proposals or environmental 23
management overview strategy if the coordinator-general gives the registrar 24
written notice stating that the statement or strategy is sufficient for the 25
application under that section. 26
`(3) Despite the Mineral Resources Act 1989, section 252(2)(c), the last 27
objection day for the application for the project is the day publicly notified 28
by the coordinator-general. 29
s7 15 s7
State Development and Public Works
Organisation Amendment
`(4) The day publicly notified under subsection (3) must be a day at least 1
28 days after the issue of the certificate of application. 2
if certificate of application has been issued 3
`Process
`29S.(1) This section applies if a certificate of application has been issued 4
before the project is declared to be a significant project. 5
`(2) Despite the issue of the certificate stating the last objection day for 6
the application as the day endorsed by the mining registrar on the certificate, 7
the last objection day is the day the coordinator-general publicly notifies as 8
the last objection day. 9
`(3) For subsection (2), the coordinator-general must publicly notify a 10
day at least 28 days after the issue of the certificate as the last objection day. 11
of coordinator-general's report to issue of mining lease 12
`Application
`29T.(1) The coordinator-general's report may recommend to the 13
Minister the conditions that must be attached to any mining lease issued 14
under the Mineral Resources Act 1989 for the project. 15
`(2) Alternatively, the report must recommend that there are no 16
conditions to be attached to any mining lease issued under the Mineral 17
Resources Act 1989 for the project. 18
`(3) The report must give reasons for the coordinator-general's 19
recommendations. 20
to be given copy of coordinator-general's report 21
`Minister
`29U. The coordinator-general must give a copy of the 22
coordinator-general's report to the Minister. 23
report is a result of Minister's study for s 268 24
`Coordinator-general's
`29V. For the Mineral Resources Act 1989, section 268(9), the 25
coordinator-general's report is taken to be the result of a study requested by 26
the Minister into the environmental impact of granting the application. 27
s7 16 s7
State Development and Public Works
Organisation Amendment
`Division 6--Relationship with other legislation 1
of div 6 2
`Application
`29W. This section applies if an Act other than the Integrated Planning 3
Act 1997 or the Mineral Resources Act 1989 requires the preparation of an 4
EIS, or a similar statement to address environmental effects, for the project. 5
under this part is EIS for other Act 6
`EIS
`29X. The EIS prepared under this part for the project is taken to be a 7
statement that satisfies the requirement of the other Act. 8
of coordinator-general's report to other approval process 9
`Application
`29Y.(1) The coordinator-general's report may recommend to the person 10
who would give approval to the project under the other Act the conditions 11
that must be attached to any approval given under the other Act. 12
`(2) Alternatively, the report must recommend that there are no 13
conditions to be attached to any approval given under the other Act. 14
`(3) The report must give reasons for the coordinator-general's 15
recommendations. 16
approving project to be given copy of coordinator-general's 17
`Person
report 18
`29Z. The coordinator-general must give a copy of the 19
coordinator-general's report to the person required under the other Act to 20
approve of the project. 21
report must be taken into consideration 22
`Coordinator-general's
`29ZA. The coordinator-general's report must be taken into consideration 23
by the person required under the other Act to approve of the project.'. 24
s8 17 s8
State Development and Public Works
Organisation Amendment
of s 55 (User of land under approved development 1
Amendment
scheme) 2
Clause 8.(1) Section 55, heading, `User'-- 3
omit, insert-- 4
`Use'. 5
(2) Section 55, `user'-- 6
omit, insert-- 7
`use'. 8
(3) Section 55-- 9
insert-- 10
`(2) If an approved development scheme states a particular use for a 11
particular parcel of land in a State development area, a person must not use 12
the land for another use. 13
Maximum penalty--1 665 penalty units 14
`(3) An approved development scheme may impose conditions on a 15
particular use for a particular parcel of land in a State development area. 16
`(4) If an approved development scheme does not state a particular use 17
for a particular parcel of land in a State development area, a person must not 18
use the land for a use unless-- 19
(a) the use is one contemplated by the approved development 20
scheme; and 21
(b) the coordinator-general gives written approval for the use. 22
Maximum penalty--1 665 penalty units 23
`(5) The coordinator-general may impose conditions on a use approved 24
under subsection (4). 25
`(6) A condition imposed under subsection (3) or (5) must-- 26
(a) be relevant to, but not an unreasonable imposition on, the use of 27
the land; or 28
(b) be reasonably required for the use of the land. 29
s9 18 s9
State Development and Public Works
Organisation Amendment
`(7) A person using land in a State development area must comply with 1
any condition imposed under subsection (3) or (5) on the use of the land. 2
Maximum penalty for subsection (7)--1 665 penalty units'. 3
of new ss 55A55J 4
Insertion
Clause 9. After section 55-- 5
insert-- 6
existing lawful use not an offence 7
`Continued
`55A.(1) This section applies if-- 8
(a) immediately before an approved development scheme applies to 9
land, the land is being lawfully used by a person; and 10
(b) after the approved development scheme applies to the land, the 11
person continues the use. 12
`(2) Section 55(2) and (4) does not apply to the continuation of the use of 13
the land by the person or the person's successors in title to the land. 14
`Division 1A--Compensation 15
1--Preliminary 16
`Subdivision
for div 1A 17
`Definitions
`55B. In this division-- 18
"owner", of an interest in land, means the owner of the interest at the time 19
an approved development scheme first applied to the land. 20
`Subdivision 2--Entitlement to compensation 21
22
`Compensation
`55C.(1) An owner of an interest in land is entitled to be paid reasonable 23
s9 19 s9
State Development and Public Works
Organisation Amendment
compensation by the coordinator-general if-- 1
(a) immediately before an approved development scheme started 2
applying to the land there was an authorised use, alternative lawful 3
use or approved use for the land; and 4
(b) after the approved development scheme started applying to the 5
land, using the land for the authorised use, alternative lawful use 6
or approved use would be an offence under section 55; and 7
(c) the application of the approved development scheme to the land 8
reduces the value of the interest; and 9
(d) the owner has asked the coordinator-general to approve of the 10
authorised use, alternative lawful use or approved use and the 11
coordinator-general refuses the request. 12
`(2) In this section-- 13
"authorised use", for land, means a use of the land authorised under a 14
development approval, or an instrument taken to be a development 15
approval under the Integrated Planning Act 1997. 16
"alternative lawful use", for land, means a lawful as of right use for which 17
the owner of the land can use the land. 18
"approved use", for land, means a use of the land approved under 19
section 55(4). 20
on compensation under s 55C 21
`Limitations
`55D. Despite section 55C, compensation is not payable-- 22
(a) for a matter under this division if compensation has already been 23
paid for the matter to a previous owner of the interest in land; or 24
(b) for anything done in contravention of this Act. 25
s9 20 s9
State Development and Public Works
Organisation Amendment
`Subdivision 3--Claims for, and payment of, compensation 1
limit for claiming compensation 2
`Time
`55E. A claim for compensation under section 55C must be made to the 3
coordinator-general within 3 years after the day the approved development 4
scheme came into effect. 5
claims for compensation 6
`Deciding
`55F.(1) The coordinator-general must decide the claim for 7
compensation within 60 business days after the day the claim is made. 8
`(2) In deciding the claim for compensation, the coordinator-general 9
must-- 10
(a) grant all of the claim; or 11
(b) grant part of the claim and reject the rest of the claim; or 12
(c) refuse all of the claim. 13
`(3) However, the coordinator-general may decide the claim by giving a 14
notice of intention to resume the interest in the land under section 53. 15
of decision 16
`Notification
`55G.(1) The coordinator-general must, within 10 business days after the 17
day the claim is decided, give the claimant written notice of the decision. 18
`(2) The notice must state the following-- 19
(a) the decision, and the reasons for it; 20
(b) if the decision is to pay compensation, the amount of 21
compensation to be paid; 22
(c) the claimant may appeal against the decision to the Planning and 23
Environment Court; 24
(d) how to appeal. 25
s9 21 s9
State Development and Public Works
Organisation Amendment
reasonable compensation involving changes 1
`Calculating
`55H.(1) For section 55C, reasonable compensation is the difference 2
between the market values, appropriately adjusted having regard to the 3
following matters, to the extent they are relevant-- 4
(a) any limitations or conditions that may reasonably have applied to 5
the use of the land immediately before the approved development 6
scheme applied to the land; 7
(b) any benefit accruing to the land from the approved development 8
scheme coming into effect, including but not limited to the 9
likelihood of improved amenity in the locality of the land; 10
(c) if the owner owns land adjacent to the interest in land, any benefit 11
accruing to the adjacent land because of-- 12
(i) the coming into effect of the approved development scheme; 13
or 14
(ii) the construction of, or improvement to, infrastructure on the 15
adjacent land under the approved development scheme (other 16
than infrastructure funded by the owner) before the claim for 17
compensation was made; 18
(d) the effect of any other changes to the approved development 19
scheme made since the approved development scheme applied to 20
the land; 21
(e) if the coordinator-general's approval, under section 55(4)(b), to 22
use the land is subject to conditions, the effect of the conditions on 23
the use. 24
`(2) Despite subsection (1), if land for which compensation is claimed 25
has, since the day the approved development scheme came into effect, 26
become or ceased to be separate from other land, the amount of reasonable 27
compensation must not be increased because the land has become, or ceased 28
to be, separate from other land. 29
`(3) In this section-- 30
"difference between the market values" means the difference between the 31
market value of the interest in land immediately before the approved 32
development scheme came into effect and the market value of the 33
s9 22 s9
State Development and Public Works
Organisation Amendment
interest immediately after the approved development scheme came into 1
effect. 2
compensation is payable 3
`When
`55I. If compensation is payable under section 55C, the compensation 4
must be paid within 30 business days after-- 5
(a) the last day an appeal could be made against the 6
coordinator-general's decision about the payment of 7
compensation; or 8
(b) if an appeal is made, the day the appeal is decided. 9
of compensation to be recorded on title 10
`Payment
`55J.(1) The coordinator-general must give the registrar of titles written 11
notice of the payment of compensation under section 55I. 12
`(2) The notice must be in the form approved by the registrar. 13
`(3) The registrar must keep the information stated in the notice as 14
information under the Land Title Act 1994, section 34.2 15
`Subdivision 4--Appeals 16
against decisions on compensation claims 17
`Appeals
`55K.(1) A person who is dissatisfied with the coordinator-general's 18
decision on a claim for compensation may appeal against the decision to the 19
Planning and Environment Court. 20
`(2) An appeal must be started within 20 business days after the day 21
notice of the decision is given to the person. 22
2 Land Title Act 1994, section 34 (Other information not part of the freehold land
register).
s 10 23 s 10
State Development and Public Works
Organisation Amendment
appeals are started 1
`How
`55L.(1) An appeal is started by lodging written notice of appeal with the 2
registrar of the court. 3
`(2) The notice of appeal must state the grounds of the appeal. 4
`(3) The person starting the appeal must also comply with the rules of the 5
court applying to the appeal. 6
`(4) However, the court may hear and decide an appeal even if the person 7
has not complied with subsection (3). 8
procedures 9
`Hearing
`55M.(1) The procedure for hearing an appeal is to be in accordance with 10
the rules of court applicable to the appeal or, if the rules make no provision 11
or insufficient provision, in accordance with the judge constituting the court. 12
`(2) An appeal is by way of rehearing, unaffected by the decision 13
appealed against. 14
decision 15
`Appeal
`55N.(1) In deciding an appeal the court may-- 16
(a) confirm the decision appealed against; or 17
(b) change the decision appealed against; or 18
(c) set aside the decision appealed against and make a decision 19
replacing the decision set aside. 20
`(2) If the court acts under subsection (1)(b) or (c), the court's decision is 21
taken, for this Act (other than this decision) to be the decision of the 22
coordinator-general.'. 23
of s 70 (Project boards) 24
Amendment
Clause 10. Section 70(3B)-- 25
omit. 26
s 11 24 s 11
State Development and Public Works
Organisation Amendment
of new s 74A 1
Insertion
Clause 11. After section 74-- 2
insert-- 3
of interests 4
`Disclosure
`74A.(1) A member must disclose to a meeting of a project board any 5
direct or indirect financial interest the member has in a matter being 6
considered, or about to be considered, by the board if the interest could 7
conflict with the proper performance of the member's duties about the 8
consideration of the matter. 9
`(2) The disclosure must be recorded in the board's minutes and the 10
member must not take part in any vote of the board on the matter but may 11
participate in discussion of the matter. 12
`(3) Subsection (1) does not apply to an interest which the member may 13
have in common with the public. 14
`(4) For this section, a member is taken to have an indirect financial 15
interest in a matter if the member-- 16
(a) is, personally or through a nominee, a member of a company or 17
other body that has a direct financial interest in the matter; or 18
(b) is in partnership with a person who has a direct financial interest 19
in the matter; or 20
(c) is employed by a person who has a direct financial interest in the 21
matter unless the employer is a statutory body established for a 22
public purpose; or 23
(d) has a spouse, or lives in a de facto relationship with a person, who 24
has a direct financial interest in the matter or an indirect financial 25
interest of the kind described in paragraph (a), (b) or (c); or 26
(e) is lineally related to a person, or has a brother or sister, who has a 27
direct financial interest in the matter or an indirect financial interest 28
of the kind described in paragraph (a), (b) or (c).'. 29
s 12 25 s 12
State Development and Public Works
Organisation Amendment
of s 78 (Power of Coordinator-General to take land) 1
Amendment
Clause 12.(1) Section 78(1), from `Without limiting' to `following purposes'-- 2
omit, insert-- 3
`In addition to the power to take or otherwise acquire land under 4
section 53, the coordinator-general may take an estate in fee simple in land 5
for any of the following purposes'. 6
(2) Section 78(1)-- 7
insert-- 8
`(f) an infrastructure facility that is-- 9
(i) of significance, particularly economically or socially, 10
to Australia, Queensland or the region in which the facility is 11
to be constructed; and 12
(ii) is approved by the Governor in Council, by gazette notice, as 13
having that significance.'. 14
(3) Section 78-- 15
insert-- 16
`(1A) In considering whether the infrastructure facility mentioned in 17
subsection (1)(f) would be of economic or social significance, the potential 18
for the facility to stimulate any 1 or more of the following must be taken 19
into account-- 20
(a) agricultural development; 21
(b) community wellbeing; 22
(c) economic growth; 23
(d) employment levels; 24
(e) industrial development; 25
(f) resource development; 26
(g) technological development. 27
`(1B) Subsection (1)(f) applies even if the taking of land by the 28
coordinator-general is for conferring rights or interests in the land taken on a 29
person other than the State. 30
s 12 26 s 12
State Development and Public Works
Organisation Amendment
`(1C) If the taking of land by the coordinator-general is for conferring 1
rights or interests in the land taken on a person other than the State, the 2
coordinator-general must prepare a statement giving-- 3
(a) reasons for taking the land; and 4
(b) details of the negotiations by the person with the owners of the 5
land to acquire the land by agreement. 6
`(1D) The Minister must table the statement in the Legislative Assembly 7
within 3 sitting days after the taking of the land. 8
`(1E) The process stated in the Acquisition of Land Act 1967 for the 9
taking of land and the payment of compensation for the land taken applies to 10
all land taken under subsection (1) as if the taking were a taking under that 11
Act by a constructing authority.'. 12
(4) Section 78(2), `, in accordance with the Acquisition of Land Act 1967 13
and as a constructing authority under that Act,'-- 14
omit. 15
(5) Section 78(2), after `less than fee simple'-- 16
insert-- 17
`for any of the purposes stated in subsection (1)'. 18
(6) Section 78(2B), `1962'-- 19
omit, insert-- 20
`1994'. 21
(7) Section 78-- 22
insert-- 23
`(2C) The process stated in the Acquisition of Land Act 1967 for the 24
taking of land granted in fee simple and the payment of compensation for 25
the land taken applies to all land taken under subsection (2) as if the taking 26
were a taking of land held in fee simple under that Act by a constructing 27
authority.'. 28
(8) Section 78(3), `(2) to (2B)'-- 29
omit, insert-- 30
s 13 27 s 13
State Development and Public Works
Organisation Amendment
`(1E) to (2C)' 1
(9) Section 78-- 2
insert-- 3
`(4) To remove any doubt, it is declared that the taking of land under this 4
section is not a taking of land under the Acquisition of Land Act 1967, even 5
though the process to be used for the taking of the land and for the payment 6
of compensation for the land taken is the process stated in that Act. 7
`(5) In this section-- 8
"infrastructure facility" includes any of the following-- 9
(a) a road, railway, bridge or other transport facility; 10
(b) a jetty or port; 11
(c) an airport, landing strip or spaceport; 12
(d) an electricity generation, transmission or distribution facility; 13
(e) a storage, distribution or gathering or other transmission facility 14
for-- 15
(i) oil or gas; or 16
(ii) derivatives of oil or gas; 17
(f) a storage or transportation facility for coal, any other mineral or 18
any mineral concentrate; 19
(g) a water storage facility, pipeline, channel or other water 20
management, distribution or reticulation facility; 21
(h) a cable, antenna, tower or other communication facility; 22
(i) social infrastructure, including, for example hospitals and 23
schools.'. 24
of new ss 78A and 78B 25
Insertion
Clause 13. After section 78-- 26
insert-- 27
s 14 28 s 14
State Development and Public Works
Organisation Amendment
reasonable steps are taken to otherwise acquire land 1
`Ensuring
`78A.(1) This section applies if a proposed taking of land under 2
section 78 is for conferring rights or interests in the land on a person other 3
than the State. 4
`(2) The coordinator-general must not take the land unless the 5
coordinator-general is satisfied reasonable steps have been taken to 6
otherwise acquire the land. 7
with native title legislation 8
`Relationship
`78B.(1) For the taking of land under section 78(2) and the payment of 9
compensation for the land taken-- 10
(a) the process mentioned in section 78(2C) must be carried out in a 11
way that is consistent with the Native Title (Queensland) Act 1993 12
and the Native Title Act 1993 (Cwlth); and 13
(b) if the Native Title (Queensland) Act 1993 or the Native Title Act 14
1993 (Cwlth) states a process in relation to the taking or payment 15
that is in addition to the process stated in the Acquisition of Land 16
Act 1967, the additional process also applies to the taking or 17
payment; and 18
(c) the Land and Resources Tribunal is the independent body for the 19
Native Title Act 1993 (Cwlth), section 24MD(6B). 20
`(2) For a proceeding the tribunal must decide under subsection (1)(c), 21
the tribunal is constituted as a standard panel under the Land and Resources 22
Tribunal Act 1999, section 39(2)(a).'. 23
of new s 79A 24
Insertion
Clause 14. After section 79-- 25
insert-- 26
to use, lease or dispose of land 27
`Power
`79A. The coordinator-general may, to give effect to a purpose 28
mentioned in section 78, do any or all of the following-- 29
s 15 29 s 15
State Development and Public Works
Organisation Amendment
(a) lease, or agree to lease, to any person land taken, or proposed to 1
be taken, under section 78; 2
(b) sign an agreement with any person to carry out, own, operate and 3
maintain any works or development on land taken, or proposed to 4
be taken, under section 78; 5
(c) sign an agreement with any person in relation to works or 6
development for land taken, or proposed to be taken, under 7
section 78; 8
(d) sell land taken, or agree to sell land to be taken, under section 78.'. 9
of new pt 6, div 6 10
Insertion
Clause 15. In part 6, after section 91-- 11
insert-- 12
6--Investigating potential infrastructure facility 13
`Division
of div 6 14
`Purpose
`91A. The purpose of this division is-- 15
(a) to allow persons authorised by the coordinator-general to enter 16
land to investigate the land's potential and suitability for the 17
development of an infrastructure facility mentioned in 18
section 78(1)(f) before the powers under the section are exercised; 19
and 20
(b) to safeguard the interests of the owner of the land. 21
for div 6 22
`Definitions
`91B. In this division-- 23
"associated person", of an investigator, means any of the following-- 24
(a) if the investigator is a corporation--the corporation's chief 25
executive, secretary or directors; 26
(b) the investigator's employees or partners who are individuals; 27
s 15 30 s 15
State Development and Public Works
Organisation Amendment
(c) a person who is an agent of, or contractor for, the investigator, 1
and engaged in writing for the investigator's authority; 2
(d) employees of an agent or contractor mentioned in paragraph (c); 3
(e) if a person mentioned in paragraph (c) is a corporation--the 4
corporation's chief executive, secretary, directors or employees. 5
"investigator" means a person who holds an investigator's authority. 6
"investigator's authority" means an investigator's authority granted under 7
this division. 8
"owner", of land, includes a person who to the knowledge of the 9
coordinator-general is an occupier of the land. 10
to apply for investigator's authority 11
`How
`91C.(1) This section applies if the person proposing the infrastructure 12
facility can not successfully negotiate entry to the land with the owner. 13
`(2) The person may apply to the coordinator-general for an 14
investigator's authority for the land. 15
`(3) The applicant must give the coordinator-general the following in 16
support of the application-- 17
(a) details of the proposed facility, including the land on which the 18
facility is proposed to be located; 19
(b) the likely demand for the services associated with the proposed 20
facility; 21
(c) advice as to how the proposed facility would satisfy an identified 22
need; 23
(d) details of the applicant's financial and technical capacity to 24
implement the proposed facility; 25
(e) details of the steps the applicant has taken, or tried to take, to 26
satisfy its obligations under subsection (1); 27
(f) any other information the coordinator-general considers is 28
necessary to assess the application. 29
s 15 31 s 15
State Development and Public Works
Organisation Amendment
`(4) The application must be in writing and state the following 1
information-- 2
(a) the land intended to be entered under the authority; 3
(b) the purpose for which the authority is sought; 4
(c) details of the nature of the activities proposed to be conducted on 5
the land; 6
(d) the period for which the authority is sought. 7
`(5) The coordinator-general must advise the owner-- 8
(a) that an application for an authority has been made for the land; 9
and 10
(b) the powers a person granted an authority may exercise under this 11
division. 12
information about application 13
`Additional
`91D.(1) Before deciding the application, the coordinator-general-- 14
(a) must consult with the owner about the proposed entry to the land; 15
and 16
(b) may require the applicant to give additional information about the 17
proposed entry. 18
`(2) The coordinator-general may reject the application if the applicant 19
fails, without reasonable excuse, to give the additional information within a 20
stated reasonable time of not less than 28 days. 21
authority 22
`Granting
`91E.(1) The coordinator-general may-- 23
(a) grant an investigator's authority, with or without conditions; or 24
(b) refuse to grant the authority. 25
`(2) If the coordinator-general refuses to grant the authority, the 26
coordinator-general must give the applicant written reasons for the refusal. 27
s 15 32 s 15
State Development and Public Works
Organisation Amendment
`(3) Without limiting subsection (1)(a), a condition may require the 1
lodging of a bond or security deposit with the coordinator-general. 2
`(4) The authority must be only for the part of the land the 3
coordinator-general is satisfied is reasonably necessary for conducting the 4
investigations. 5
authority 6
`Investigator's
`91F.(1) The investigator's authority must be in writing stating the 7
following-- 8
(a) the land to which it applies; 9
(b) the purpose for which it is granted; 10
(c) when it expires; 11
(d) any conditions imposed on the authority. 12
`(2) The authority authorises the investigator and associated persons-- 13
(a) to enter and re-enter land the subject of the authority for 14
investigating the land's potential and suitability for the 15
construction of the infrastructure facility; and 16
(b) to the extent reasonably necessary or convenient for the 17
purpose-- 18
(i) to do anything on the land; or 19
(ii) to bring anything onto the land; or 20
(iii) to temporarily leave machinery, equipment or other items on 21
the land. 22
23
Examples of things authorised by the authority--
24
1. To conduct surveys, investigate and take samples.
25
2. To clear vegetation, or otherwise disturb the land, to the extent reasonably
26
necessary.
27
3. To construct temporary access tracks using the land or using materials brought
28
onto the land.
`(3) It is declared that-- 29
s 15 33 s 15
State Development and Public Works
Organisation Amendment
(a) the grant of the authority is not an indication of a commitment or 1
approval by the State, the coordinator-general or any other person 2
to any proposal, and in particular, does not commit the State to 3
acquiring any land for construction of the infrastructure facility; 4
and 5
(b) a person is not an employee or agent of the State merely because 6
the person is an investigator. 7
`(4) The investigator or associated person must comply with each 8
condition of the authority, unless the investigator or associated person has a 9
reasonable excuse. 10
Maximum penalty for subsection (4)--200 penalty units. 11
investigator must do before land is entered for the first time 12
`What
`91G.(1) Before land is entered for the first time under the investigator's 13
authority, the investigator must give a written notice to the owner of the land 14
together with a copy of the authority. 15
`(2) The notice must state the following-- 16
(a) the investigator has been granted the investigator's authority; 17
(b) the things the investigator and associated persons of the 18
investigator are authorised to do under the authority; 19
(c) a general outline of the things intended to be done on the land, 20
including the construction of any temporary access track; 21
(d) the approximate period during which the land is to be entered 22
under the authority; 23
(e) the rights of the owner under section 91K or 91L for the 24
rectification of, or compensation for, any loss or damage suffered 25
during the investigation; 26
(f) the grant of the authority is not an indication of a commitment or 27
approval by the State, the coordinator-general or any other person 28
in relation to any proposal, and in particular, does not commit the 29
State to acquiring any land for construction of the infrastructure 30
facility. 31
s 15 34 s 15
State Development and Public Works
Organisation Amendment
`(3) The investigator or associated person may enter onto land only if-- 1
(a) the owner of the land gives written consent to the entry; or 2
(b) at least 7 days have passed since the notice was given. 3
to issue associated person with identification 4
`Investigator
`91H.(1) Before the investigator allows an associated person to act under 5
the investigator's authority, the investigator must issue the associated person 6
with identification. 7
Maximum penalty--10 penalty units. 8
`(2) The identification must-- 9
(a) state the names of the investigator and the person to whom the 10
identification is issued; and 11
(b) indicate that, for this Act, the person is associated with the holder 12
of the authority; and 13
(c) state the capacity in which the associated person is an associated 14
person; and 15
(d) be signed by or for the investigator; and 16
(e) be signed by or for the associated person; and 17
(f) state its expiry date. 18
`(3) A person who stops being an associated person of an investigator 19
must return the person's identification issued under subsection (1) to the 20
investigator as soon as practicable, but within 21 days, after the person stops 21
being an associated person, unless the person has a reasonable excuse. 22
Maximum penalty--10 penalty units. 23
`(4) Subsections (5) and (6) apply if a person who claims to be, or 24
appears to be, the owner of the land asks an individual who has entered, is 25
entering or is about to enter land under the authority-- 26
(a) for identification; or 27
(b) about the person's authority to enter the land. 28
`(5) If the request is made of an investigator, the investigator must 29
s 15 35 s 15
State Development and Public Works
Organisation Amendment
immediately state the investigator's name and show the person a copy of the 1
authority. 2
Maximum penalty--10 penalty units. 3
`(6) If the request is made of an associated person of the investigator, the 4
associated person must immediately state his or her name and show the 5
other person the identification issued to the associated person under 6
subsection (1). 7
Maximum penalty for subsection (6)--10 penalty units. 8
to be an investigator etc. 9
`Pretending
`91I. A person must not pretend-- 10
(a) to be an investigator; or 11
(b) to be an associated person of an investigator. 12
Maximum penalty--80 penalty units. 13
to take care in acting under authority 14
`Investigator
`91J. The investigator and all associated persons of the investigator-- 15
(a) must take as much care as is practicable to minimise damage to 16
the land or inconvenience to the land's owner; and 17
(b) may do anything necessary or desirable to minimise the damage 18
or inconvenience. 19
of damage by investigator 20
`Rectification
`91K.(1) The owner of the land may, by written notice given to the 21
investigator, require the investigator, within a reasonable time after the 22
investigator has finished investigating the land under the authority, to rectify 23
loss or damage suffered by the owner arising out of-- 24
(a) the entry onto the land; or 25
(b) any use made of the land; or 26
(c) anything brought onto the land; or 27
s 15 36 s 15
State Development and Public Works
Organisation Amendment
(d) anything done or left on the land in connection with the 1
investigator's authority; or 2
`(2) If the loss or damage mentioned in subsection (1) is not rectified or 3
can not be rectified, the owner of the land may, by written notice given to 4
the investigator, claim compensation for the loss or damage not rectified. 5
`(3) A notice under subsection (1) or (2) must be given-- 6
(a) within 1 year after the loss or damage happened; or 7
(b) at a later time allowed by the Land Court. 8
`(4) The claim for compensation may be made-- 9
(a) whether or not the act or omission giving rise to the claim was 10
authorised under the authority; and 11
(b) whether or not the investigator took steps to prevent the loss or 12
damage; and 13
(c) even though the loss or damage was caused, or contributed to, by 14
an associated person. 15
payable by investigator 16
`Compensation
`91L.(1) The investigator must compensate the owner of the land for the 17
loss or damage the owner has suffered and that has not been rectified. 18
`(2) The amount of compensation is-- 19
(a) the amount agreed between the parties; or 20
(b) if the parties can not agree on the amount within a reasonable 21
time--the amount decided by the Land Court. 22
of bond or security deposit 23
`Release
`91M.(1) This section applies if, under a condition of an investigator's 24
authority, a bond or security deposit is required to be lodged with the 25
coordinator-general. 26
`(2) The coordinator-general may keep the bond or security deposit 27
until-- 28
s 16 37 s 16
State Development and Public Works
Organisation Amendment
(a) if the owner of the land does not give a notice of damage within 1
the prescribed time--1 year after the investigator's authority 2
expires; or 3
(b) if the owner of the land gives a notice of damage within the 4
prescribed time and the coordinator-general is satisfied the 5
damage or loss has been repaired or rectified or compensation for 6
the damage or loss has been paid to the owner--the damage or 7
loss has been repaired or rectified or the compensation has been 8
paid. 9
`(3) If the owner of the land gives a notice of damage within the 10
prescribed time and the coordinator-general is satisfied the damage or loss 11
has not been repaired or rectified or compensation for the damage or loss 12
has not been paid to the owner the coordinator-general-- 13
(a) may use the bond or security deposit to repair or rectify the 14
damage or loss or pay compensation to the owner; and 15
(b) must pay the balance, if any, to the investigator. 16
`(4) In this section-- 17
"notice of damage" means a notice under section 91K. 18
"prescribed time", for giving a notice of damage arising out of the entry 19
onto land by an investigator, means 1 year after the investigator was 20
last on the land.'. 21
of new pt 9 22
Insertion
Clause 16. After section 122-- 23
insert-- 24
`PART 9--TRANSITIONAL PROVISIONS FOR THE 25
STATE DEVELOPMENT AND PUBLIC WORKS 26
ORGANISATION AMENDMENT ACT 1999 27
being prepared are taken to be EISs for this part 28
`Studies
`123.(1) This section applies if-- 29
s 16 38 s 16
State Development and Public Works
Organisation Amendment
(a) a project involves-- 1
(i) development requiring an application for a development 2
approval; or 3
(ii) mining; and 4
(b) at the commencement of section 29B, the proponent is preparing 5
a study under this Act about the environmental effects of the 6
project. 7
`(2) The study, when completed and given to the coordinator-general, is 8
taken to be an EIS prepared under part 4. 9
`(3) Any written submission made about the study is taken to be-- 10
(a) for an application for a development approval--a properly made 11
submission for the application; and 12
(b) for an application made under the Mineral Resources Act 1989, 13
section 245, for a mining lease for the project--an objection the 14
wardens court must consider for the application; and 15
(c) for an application for an approval for the project under an Act 16
other than the Integrated Planning Act 1997 or the Mineral 17
Resources Act 1989--a properly made submission for the 18
application. 19
`(4) Words used in this section that are defined in part 4 have the same 20
meaning in this section.'. 21
39
State Development and Public Works
Organisation Amendment
SCHEDULE 1
¡
MINOR AMENDMENTS 2
section 2 3
1. Section 1, `Organization'-- 4
omit, insert-- 5
`Organisation'. 6
2. Section 2-- 7
omit. 8
9
© State of Queensland 1999
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