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1
Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
LOCAL GOVERNMENT (ROBINA
CENTRAL PLANNING AGREEMENT)
AMENDMENT BILL 2003
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The two objectives of the legislation are:
· To include a series of changes to the planning intentions for the
Robina central planning area in the Robina Central Planning
Agreement (RCPA), that have been proposed by the Gold Coast
City Council, the Robina Land Corporation and Robina
Properties (the parties); and
· To replace the RCPA amendment process in the Local
Government (Robina Central Planning Agreement) Act 1992
(LGRCPA Act) with the Integrated Planning Act 1997 (IPA)
Schedule 1 process for making or amending planning schemes.
Reasons for the Bill
The main reason for the legislation is to facilitate changes to the RCPA
agreed to by the Gold Coast City Council, Robina Land Corporation and
Robina Properties (the parties) after public notification and consultation
with State agencies.
The LGRCPA Act provides the legal framework for the operation of the
RCPA. The RCPA is an agreement made in 1992 between the parties to
enable development of the Robina central planning area, at a time when the
legislative framework did not accommodate complex infrastructure and
master planning (i.e. prior to the introduction of the IPA). The RCPA
provides a substitute development assessment framework for the Robina
central planning area and is the principal document for planning and
development including the provision of infrastructure and other project
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Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
commitments. The planning intentions for the Robina central planning
area require amendment from time to time to reflect contemporary
planning principles and respond to market forces.
The RCPA is a schedule to the LGRCPA Act and forms part of the Act.
Accordingly the RCPA can only be amended by amending the LGRCPA
Act.
The Bill also replaces the current RCPA amendment process in the
LGRCPA Act with the Schedule 1 process for making or amending
planning schemes under the IPA and removes a Henry VIII clause, which
purported to allow amendment of the RCPA, which is included in primary
legislation, by regulation (i.e. subordinate legislation).
Ways in which the objectives are to be achieved
The objectives of the Bill are to be achieved by amending the LGRCPA
Act to facilitate ongoing development at Robina.
Administrative cost to government
There are no additional administrative costs to Government of
implementing the Bill apart from those normally associated with the actual
amendment process. The costs associated with implementing the
consequential changes to the planning agreement will be borne by the
parties.
Consistency with fundamental legislative principles
The provisions of the Bill are consistent with the fundamental legislative
principles provided for in the Legislative Standards Act 1992.
Consultation
The following State agencies were consulted:
· Department of Premier and Cabinet
· Department of State Development
· Department of Innovation and Information Economy, Sport and
Recreation Queensland
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Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
· Department of Main Roads
· Queensland Transport
· Department of Primary Industries
· Environmental Protection Agency
· Office of Rural Communities
· Department of Employment and Training
· Treasury Department
Other key stakeholder groups consulted included the following:
· Robina Land Corporation Pty Ltd
· Robina Properties Pty Ltd
· Gold Coast City Council
· Queensland Investment Corporation
Explanation of purpose and intended operation of each clause
Short title
Clause 1 describes the short title of the Act as being the Local
Government (Robina Central Planning Agreement) Amendment Act 2003.
Act Amended
Clause 2 provides that the Act will amend the Local Government
(Robina Central Planning Agreement) Act 1992.
Amendment of s 2 (Definitions)
Clause 3 provides for a number of new or amended definitions:
"first amending Act" replaces the definition "amending Act" to mean
the Act as "first" amended in 1996. The Act was amended in 1996 and the
1996 amendments to the RCPA are contained in schedule 2.
"further agreement" is amended to exclude both the first and second
amending agreements and therefore refers only to any subsequent
agreement made between the parties. The definition is also amended to
remove a Henry VIII clause and clarifies the proposed form of a further
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Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
agreement may only be approved under an Act of Parliament and not by
regulation.
"second amending Act" is included to mean this amendment Act.
"second amending agreement" is included to mean the amending
agreement set out in schedule 3 and made by the parties named in the
agreement. The first amending agreement was enacted in 1996 and is
contained in schedule 2.
"site" is amended to include additional land identified by reference to
the land described in the planning agreement after the making of the
second amending agreement. The definition is also amended to clarify the
extent of the "site" prior to the second amending agreement, by reference
to the land described in the planning agreement after the making of the first
amending agreement and before the making of the second amending
agreement.
"1995 planning scheme" is amended to replace reference to the
"amending Act" with the new definition "first amending Act".
"planning agreement" is amended to include the "second amending
agreement".
Insertion of new s 3AA (Rezoning of land for second amending
agreement)
Clause 4 provides for a new section 3AA, which rezones land within the
site and land to be included in the site as specified in the second amending
agreement. This section has effect from the date on which the second
amending agreement is made.
Amendment of s 4A (Notice of making amending agreements)
Clause 5 amends section 4A to provide that the Council must also give
public notification in the gazette of the date on which the second amending
agreement is made. Notification in the gazette is required as the Act only
approves the form of the agreement. The parties must then make the
agreement.
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Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Amendment of s 5 (Status of planning agreement)
Clause 6 amends section 5(2) to delete reference to the Local
Government (Planning and Environment) Act 1990 (P&E Act) and the
planning scheme for the Shire of Albert, as these references are not
necessary.
Clause 6 also amends section 5(3)(b) by replacing reference to `the
amending Act' with `this Act' to clarify this provision applies to all Local
Laws regardless of when they are made.
Clause 6 also amends section 5(3)(c) and (d) to delete `as in force at the
commencement of this Act' to clarify this provision also applies to
amendments made to the P&E Act and the Building Act 1975 after the
LGRCPA Act commenced.
Replacement of s 6 (Amendment of planning agreement)
Clause 7 replaces section 6 and the current P&E Act process for making
amendments to the RCPA by providing that the IPA process in Schedule 1
(Process for making or amending planning schemes), up to but not
including the adoption stage, must be complied with before a further
agreement may be made.
Clause 7 also removes a Henry VIII clause in section 6. This provision
purported to allow amendment of the RCPA, which is included in primary
legislation, by regulation (i.e. subordinate legislation). Section 6 now
clarifies the proposed form of a further agreement must be approved under
an Act of Parliament.
Amendment of s 10 (Savings and transitionals for use rights and
approvals)
Clause 8 amends the heading of section 10 to clarify the transitional
provisions in section 10 only apply to the first amending agreement.
Clause 8 also amends section 10(3) as it is the modified planning scheme
and not the planning agreement that more specifically applies to the
granting of a final development approval.
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Local Government (Robina Central Planning
Agreement) Amendment Bill 2003
Insertion of a new s 11
Clause 9 inserts a new section 11 (Savings and transitional provisions
for second amending agreement) that will have effect from the date on
which the second amending agreement is made. Section 11 protects the
existing lawful use of premises and approvals granted prior to the making
of the second amending agreement.
Insertion of new sch 3
Clause 10 inserts a new schedule 3 comprising the form of the second
amending agreement. The second amending agreement reflects a series of
amendments to the RCPA that have been proposed by the parties. The
proposed amendments to the RCPA are intended to achieve the following
planning outcomes:
· ensure a total of 95ha of land in Robina Central is preserved for
commercial development to maintain and facilitate the Key
Regional Centre status of Robina in accordance with the South
East Queensland Regional Framework for Growth Management
2000;
· zone the land adjacent to the railway station to 'Special Business'
to make it consistent with the adjoining land in the RCPA;
· ensure the flood plain will no longer be developed for a golf
course but will be used in part for playing fields and public open
space to be transferred to Council and part for an eco-tourist
resort;
· establish commercial and higher density residential development
closer to the Railway Station in a mixed use form;
· amend the planning and development intents for each precinct to
more accurately reflect current planning and market demands for
land in Robina; and
· make various amendments to different clauses to remove
anomalies and zone land not zoned due to road closure.
© State of Queensland 2003