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1
Local Government (Planning and Environment)
Act Amendment
LOCAL GOVERNMENT (PLANNING
AND ENVIRONMENT) ACT
AMENDMENT BILL 1995
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The desired outcomes of the Bill are to make clear the power of the State
Government, a government owned corporation and a local government to
enter into, make and amend infrastructure agreements in respect of
master-planned urban communities.
The objective of this Bill is to ensure large-scale, master-planned urban
communities are provided with the necessary State, regional and local
infrastructure and services in a timely manner. Planning for these types of
developments will be facilitated by way of a development control plan
which must be prepared specifically for the development. The associated
infrastructure agreements will set out how and when the infrastructure and
facilities necessary to service the needs of the community will be delivered.
The combination of a planning instrument to guide the quality of
development with an infrastructure agreement to service the development is
needed to achieve effective, integrated, long-term urban planning. The Local
Government (Planning and Environment) Act at present does not provide
for linking of an infrastructure programme with the staged development of
large scale urban communities. This has in the past necessitated the
Parliament having to pass project specific special legislation to ensure the
roll out of infrastructure coincided with the progressive development of
these new areas.
The Bill provides that agreements entered into between individuals,
companies, the State and local government to provide infrastructure for
urban development generally attach to the land and bind successors in title.
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Local Government (Planning and Environment)
Act Amendment
This provides security for the financiers who finance these long-term
undertakings, and ensures people who take up residence in these master-
planned communities have the necessary services in place from day one.
The Bill includes public notification requirements of the infrastructure
agreement using the existing Local Government (Planning and
Environment) Act mechanisms of a town planning certificate and public
inspection rights at the office of the relevant local government. The Bill
recognises the Social Infrastructure Agreement made in November 1994
and the Transport Infrastructure Agreement to be made in respect of the
Springfield development.
The infrastructure agreement associated with the development control
plan as provided for in this Bill is distinct from the water, sewerage and
parks contributions obtained by Councils upon the approval of a
development application for rezoning, consent or subdivision. The
provisions of the Bill will not apply to these types of development
applications.
Estimated cost for Goverment Implementation
There are no additional costs incurred by the Government. The costs
associated with the preparation and implementation of an agreement will be
borne by the parties to the agreement in accordance with normal practice.
Fundamental Legislative Principles
The provisions of the Bill are consistent with the fundamental legislative
principles provided for in the Legislative Standards Act.
Consultation
Key agencies involved in the formulation and implementation of
infrastructure agreements have been consulted at several stages during the
development of the Bill. In particular, the Local Government Association
of Qld, State Government agencies and the Urban Development Institute of
Australia (Qld) have been consulted.
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Local Government (Planning and Environment)
Act Amendment
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act.
Clause 2 provides for an amendment to the Local Government
(Planning and Environment) Act 1990.
Clause 3, subclause 1 provides that a limited town planning certificate
must indicate whether there are obligations under an infrastructure
agreement that have not been fulfilled, and if there are, that the obligations
may attach to the premises.
Clause 3, subclause 2 provides that a full town planning certificate must
include details of any obligations under an infrastructure agreement that
have not been fulfilled.
Clause 3, subclause 3 provides that if obligations under an infrastucture
agreement have been fulfilled, a town planning certificate need not mention
the existence of the infrastructure agreement.
Clause 4 provides the power to a local authority to seal a plan of survey
after it is satisfied that obligations under an infrastructure agreement have
been fulfilled; or do not apply to the plan of survey having regard to the
development control plan and the infrastructure agreement.
Clause 5 omits the heading of Part 6 of the Local Government (Planning
and Environment) Act and inserts a new heading in its place.
Clause 6 provides that the matters set out in section 6.1(1) and section
6.1(2) of the Local Government (Planning and Environment) Act do not
apply to an infrastructure agreement.
Clause 7 provides for a new division 2 entitled `Infrastructure
agreements' after section 6.4 Part 6 of the Local Government (Planning and
Environment) Act.
Section 6.5 provides definitions of the terms `consent documents',
`infrastructure', `infrastructure agreement', and `State'.
Section 6.6 provides that an agreement is not an `infrastructure
agreement' under this division unless it contains the following elements--
· that the agreement must be about infrastructure for the
development of land included in a development control plan;
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Local Government (Planning and Environment)
Act Amendment
· that the State, a government owned corporation or a local
government must be a party to the agreement;
· the content of an agreement must include arrangements for the
repayment of amounts paid and reimbursement of amounts
expended; the amendment or cancellation of obligations where
development entitlements on which the obligations are based are
changed without the agreement of the person who has to fulfil the
obligations; how the obligations are to be fulfilled if there is one
or more changes of ownership of land the subject of the
agreement; and provides that a regulation may prescribe
additional matters to be included in an agreement.
The term `infrastructure agreement' includes the original agreement and
any amendments to it.
Section 6.7 confirms the State, a government owned corporation or a
local government has, and always did have, power to make or amend an
infrastructure agreement.
Section 6.8 provides that where a local government is a party to an
agreement, a local government must take into consideration the provisions
of an infrastructure agreement in exercising a discretion had by it; that an
infrastructure agreement is not invalid if it has the effect of limiting the
exercise of such a discretion; and that the limitation of the discretion must
be given effect.
Section 6.9 provides that where the State or a government owned
corporation is a party to an infrastructure agreement it must give a copy of
the agreement to the local government as soon as practicable after it is
made.
Section 6.10 provides--
· if the owner of land is a party to an infrastructure agreement that
development obligations attach to the land and bind the owner and
successors in title;
· if the owner is not a party to an agreement the owner's consent is
required before the obligations attach to the land and bind
successors in title;
· that the owner must give a copy of the consent document to the
local government.
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Local Government (Planning and Environment)
Act Amendment
The term `development obligations' does not include obligations of the
State, a government owned corporation or local government.
Section 6.11 provides that none of the previous provisions of this
division have retrospective effect in respect of an infrastructure agreement
made before the commencement of this division. However the previous
provisions of this division do apply to agreements made with respect to the
Springfield agreement made on 29 November 1994 and the Springfield
agreement to be made in November or December 1995 (except the
provisions of section 6.6(4) relating to the content of the agreement).
Section 6.12 provides that where a local government is a party to an
agreement, or has been given a copy of an agreement or a consent
document, the local government must keep infrastructure agreements open
to inspection at the office of the local government and make copies available
for purchase at its public office.
Section 6.13. The intention of this section is that existing agreements for
infrastructure are not unlawful merely because they do not contain the
elements mentioned in the Bill. However, because they do not contain those
elements, they are not regarded as infrastructure agreements within the
meaning of the Bill.
© The State of Queensland 1995