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Integrated Planning Amendment Bill 2002
INTEGRATED PLANNING AMENDMENT
BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the legislation
To amend the Integrated Planning Act 1997 (IPA) to provide for
· the limiting of the power to bring declaratory proceedings under
section 4.1.21 of the IPA to matters not involving Ministerial call
in provisions; and
· this amendment to be made retrospective to 25 May 2001.
Reasons for the Bill
Sections 3.6.5 and 3.6.6 of the IPA provide both the Minister for Local
Government and Planning and the Minister for State Development, with
the power to `call in' and decide a development application if the
development involves a `State interest' as defined by the IPA.
These Ministerial call in powers under the IPA are specifically intended
to allow the Government to intervene in the development assessment
process where State interests are involved, and to be the final arbiter on
State interest matters. This is reflected quite clearly in the Act since the
effect of an application being called in for determination by the State, is
that any existing appeals are of no further effect. Further, the final decision
of the relevant Minister when determining an application called in for
determination by the State is not subject to appeal in the Planning and
Environment Court.
Section 3.6.9 of the IPA already requires the responsible Minister to
submit a report to the Parliament outlining, amongst other matters, the
Minister's reasons for the decision on the application.
The ability of a party to bring a declaratory action in the Planning and
Environment Court is inconsistent with the intent of the IPA to allow the
State to be the final arbiter on matters of State interest and to allocate
accountability for decisions in relation to Ministerial call ins to Parliament.
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Integrated Planning Amendment Bill 2002
Ways in which the objectives are to be achieved
The objectives of the Bill are to be achieved by amending the Integrated
Planning Act 1997 (IPA) by:
· amending s 4.1.21 to insert after "Act" the words "other than a
matter under chapter 3, part 6, division 2". This amendment
clarifies that the power to bring declaratory proceedings under
this section does not include matters involving Ministerial call in
provisions; and
· amending chapter 6 to add a new transitional provision (s 6.1.55)
which clarifies that a declaratory action about a matter under
chapter 3, part 6, division 2 which has not yet been decided on
commencement of the provision must not be further dealt with
by the court.
Why this way of achieving the objectives is reasonable and appropriate
As previously indicated, the Ministerial call in powers under the IPA are
specifically intended to allow the Government to intervene in the
development assessment process where State interests are involved, and to
be the final arbiter on State interest matters. The IPA (s.3.6.9) already
requires the Minister to submit a report to the Parliament outlining,
amongst other matters, the Minister's reasons for the decision on the
application. This Bill clarifies that the accountability for decisions in
relation to the call in powers is to the Parliament.
Currently, the IPA provides that the effect of an application being called
in for determination by the State is that any existing appeals are of no
further effect and the Minister's decision on the application is also not
subject to appeal. It is appropriate that, for consistency, there be no
opportunity for declaratory proceedings to be brought against either the
Minister's decision to call in a development application or the Minister's
decision on the application itself, for the reasons outlined above.
Alternatives to the Bill
The power to undertake a declaratory action in the case of a Ministerial
call in is provided by legislation. The only way to limit the power is by
legislative amendment.
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Integrated Planning Amendment Bill 2002
The Bill is necessary to remove any doubt about the validity of any
decision by the Minister to call in a development application and any
subsequent decision on that application.
Administrative cost to government of implementing the Bill
There are no administrative costs of implementing the Bill apart from
those normally associated with the actual amendment process.
Consistency with fundamental legislative principles
The amendments will act retrospectively in terms of any Ministerial call
in action in the past. This will have the effect of any existing or future
declaratory actions being of no further effect. The amendments also
remove the current ability under the IPA of any party to bring a declaratory
action on a future Ministerial call in.
As stated earlier, this ability to bring a declaratory action is inconsistent
with the intent of the IPA in that the Government should be the final
decision-maker when it comes to matters of State interest concerning
Ministerial call ins and the accountability for decisions in relation to the
call in powers is to the Parliament.
Consultation
The following State agencies were consulted during the preparation of
the Bill:
· Department of the Premier and Cabinet;
· Department of State Development;
· Office of Parliamentary Counsel; and
· Crown Law.
Explanation of purpose and intended operation of each clause
Short Title
Clause 1 provides that the short title of the proposed Act is the
Integrated Planning Amendment Act 2002.
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Integrated Planning Amendment Bill 2002
Commencement
Clause 2 provides that the amendment Act other than section 5 which
commences on Royal Assent, is taken to have commenced on 25 May
2001. This date corresponds with the date of commencement of previous
amendments to the call in provisions enacted under the Local Government
and Other Legislation Amendment Act 2001 (No.29 of 2001), and therefore
provides a consistent approach to commencement of the legislation.
Act amended
Clause 3 provides that the amendment Act amends the Integrated
Planning Act 1997 (IPA).
Amendment of Section 4 .1.21 (Court may make declarations)
Clause 4 provides that section 4.1.21(1)(a) is to be amended to insert
after "Act" the words "other than a matter under chapter 3, part 6,
division 2".
This amendment clarifies that the power to bring declaratory
proceedings under this section does not include matters involving
Ministerial call in provisions.
Insertion of new chapter 6, pt, div 11
Clause 5 provides for a new section 6.1.55 to be inserted in chapter 6 of
the IPA to indicate that a proceeding under s 4.1.21 for a declaration for a
matter under chapter 3, part 6, division 2 (the call in provisions) that has
not been decided on the commencement of the new section (i.e. on Royal
Assent of the Bill) must not be further dealt with by the court.
This is intended to ensure there is no doubt that declaratory proceedings
in this category that have not yet been decided are at an end.
© State of Queensland 2002