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ECONOMIC DEVELOPMENT ACT 2012 - As at 1 February 2024 - Act 43 of 2012

- As at 1 February 2024 - Act 43 of 2012

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Main purpose of Act
  • 4 How main purpose is primarily achieved
  • 5 Act binds all persons

PART 2 - INTERPRETATION

CHAPTER 2 - MINISTER FOR ECONOMIC DEVELOPMENT QUEENSLAND

PART 1 - ESTABLISHMENT

  • 8 Establishment of Minister for Economic Development Queensland
  • 9 MEDQ represents the State
  • 10 Legal capacity
  • 11 Application of other Acts
  • 12 MEDQ declared to be excluded matter

PART 2 - FUNCTIONS

PART 3 - MATTERS ABOUT DEALING IN LAND OR OTHER PROPERTY, OR THE PROVISION OF INFRASTRUCTURE

Division 1 - General

  • 14 Purpose of pt 3
  • 15 MEDQ to act commercially

Division 2 - Dealing in land or other property

Division 3 - Provision of infrastructure

  • 20 Construction of roads

Division 4 - Financial arrangements

  • 21 Entering into financial arrangements
  • 22 Holding land or other property obtained as security

Division 5 - Other functions and powers

  • 23 Arrangements for facilitating economic development or development for community purposes
  • 24 Research

PART 4 - ECONOMIC DEVELOPMENT FUND

  • 25 Economic Development Fund
  • 26 Payments of amounts into the Fund
  • 27 Payment of amounts from the Fund
  • 28 Administration of the Fund

PART 5 - STAFFING ARRANGEMENTS AND IDENTITY CARDS

  • 29 Staffing arrangements
  • 30 Issue of identity card for particular employees and agents
  • 31 Production or display of identity card
  • 32 Return of identity card

CHAPTER 3 - PLANNING AND DEVELOPMENT

PART 1 - PRELIMINARY

  • 33 Development and categories of development

PART 2 - PRIORITY DEVELOPMENT AREAS

Division 1 - Declaration of provisional priority development areas, draft provisional land use plans and provisional land use plans

Subdivision 1 - Making of declaration regulations, draft provisional land use plans and provisional land use plans
  • 34 Declaration
  • 35 Draft provisional land use plan required
  • 36 When draft provisional land use plan has effect
  • 36A Notice of draft provisional land use plan
  • 36B Submissions on draft provisional land use plan
  • 36C Consideration of submissions and consultation
  • 36D Amendment of draft provisional land use plan
  • 36E Making of provisional land use plan
  • 36F When provisional land use plan takes effect
  • 36G MEDQ must give notice of provisional land use plan
    • Subdivision 2 - Amending provisional land use plans
  • 36H Minor administrative amendments
  • 36I Other amendments

Division 2 - Declaration of other priority development areas and interim land use plans

  • 37 Declaration
  • 38 Interim land use plan required
  • 39 When interim land use plan takes effect
  • 40 Notice of interim land use plan
  • 40AA Period for which interim land use plan has effect
  • 40AB Expiry of interim land use plan
  • 40AC Making new interim land use plan

Division 2A - Declaration of PDA-associated development by MEDQ

  • 40A Application of division
  • 40B Consultation required before declaring PDA-associated development
  • 40C Declaration of PDA-associated development
  • 40D Content of declaration
  • 40E Notice of declaration

Division 2B - Minor boundary changes of priority development areas

  • 40F Regulation may make particular boundary changes
  • 40G Recommendation for boundary change regulation
  • 40H Consultation about proposed PDA instrument change and making of PDA instrument change
  • 40I Preparation of proposed instrument for planning instrument change
  • 40J Consultation about proposed instrument for planning instrument change
  • 40K Making or approving planning instrument change
  • 40L When instruments take effect
  • 40M Notice of instruments for minor boundary change

Division 3 - Cessation of priority development areas

Subdivision 1 - Provisional priority development areas
  • 41 Cessation of provisional priority development area
    • Subdivision 2 - Priority development areas
  • 42 Revocation or reduction of priority development area
  • 42A Preparation of proposed planning instrument change
  • 42B Consultation about proposed planning instrument change
  • 42C Approval of proposed planning instrument change by MEDQ
  • 42D When notification requirements do not apply
  • 42E Public notification
  • 42F Submissions on proposed planning instrument change
  • 42G Consideration of submissions
  • 42H Amendment of proposed planning instrument change
  • 42I Public response report
  • 42J Approval of planning instrument change
  • 42K Effect of planning instrument change
  • 42L Notice of planning instrument change
    • Subdivision 3 - Other matters
  • 42M Implied and uncommenced rights to use premises protected
  • 43 Interim local laws

Division 4 - Relationship with Planning Act

Subdivision 1 - Effect of declaration of priority development areas
  • 43A References to declaration of area as priority development area
  • 44 Existing development applications and change applications under Planning Act
  • 45 Existing development approvals under Planning Act
  • 46 Special provision for Northshore Hamilton urban development area
  • 47 Designation of premises for development of infrastructure under Planning Act
    • Subdivision 2 - Effect of cessation of priority development areas and PDA-associated development
  • 48 Application of subdivision
  • 49 References to cessation
  • 50 Existing PDA development approvals
  • 50A Existing PDA exemption certificates
  • 51 Existing PDA development applications
  • 51AA Existing amendment applications
  • 51AB Existing applications to extend currency period
  • 51AC Existing appeals to Planning and Environment Court
  • 51AD Appeals to Planning and Environment Court after cessation
  • 51AE Process for approving plans of subdivision
  • 51AF Registering particular plans of subdivision approved before cessation
  • 51AG Lawful uses of premises
    • Subdivision 3 - Dealing with converted PDA development approvals
  • 51AH Application of subdivision
  • 51AI Conditions and enforcement authorities under Planning Act
  • 51AJ Proceedings about Planning Act approvals
  • 51AK Lapsing of Planning Act approvals
  • 51AL Extension applications under Planning Act for Planning Act approvals
  • 51AM Changes to Planning Act approvals that are minor changes for Planning Act
  • 51AN Responsible entities for change applications under Planning Act for Planning Act approvals
  • 51AO Change applications under Planning Act for Planning Act approvals
  • 51AP Cancellation applications under Planning Act for Planning Act approvals
  • 51AQ Other matters about Planning Act approvals

Division 4A - Relationship with South-East Queensland Water (Distribution and Retail Restructuring) Act 2009

  • 51AR Application of division
  • 51AS References to cessation
  • 51AT Conversion of water connection aspects of PDA development approvals
  • 51AU Provisions about water connection aspects that are taken to be part of water approvals

Division 4B - Public thoroughfare easements

  • 51AV Registration of public thoroughfare easement under Land Title Act 1994
  • 51AW Non-application of particular provisions to land subject to particular public thoroughfare easements

Division 5 - Miscellaneous provisions

PART 3 - DEVELOPMENT SCHEMES

Division 1 - Making development schemes

  • 55 Application of div 1
  • 56 Development scheme required
  • 57 Content of development scheme
  • 58 Preparation of proposed development scheme
  • 59 Public notification
  • 60 Submissions on proposed scheme
  • 61 Consideration of submissions
  • 62 Amendment of proposed scheme
  • 63 Making of development scheme
  • 64 When development scheme takes effect
  • 65 Notice of development scheme

Division 2 - Amendment of development schemes

  • 66 General power to amend
  • 67 Power to amend to change land use plan
  • 68 When amendment takes effect
  • 69 Notice of amendment

Division 3 - Miscellaneous provisions

70. (Repealed)
  • 71 Development instruments prevail over particular instruments

PART 4 - DEVELOPMENT AND USES IN OR FOR PRIORITY DEVELOPMENT AREAS

Division 1AA - PDA exemption certificates

  • 71A MEDQ may give PDA exemption certificate for particular PDA assessable development
  • 71B Notice of PDA exemption certificate
  • 71C Duration of PDA exemption certificate
  • 71D PDA exemption certificate attaches to land

Division 1 - PDA development offences

  • 72 Application of div 1
  • 73 Carrying out PDA assessable development without PDA development permit
    • 74. (Repealed)
  • 75 Compliance with PDA development approval
  • 76 Offence about use of premises

Division 2 - Protection of particular uses and rights

  • 77 Exemption for particular development approvals and designations under Planning Act
  • 78 Lawful uses of premises protected
  • 79 Lawfully constructed buildings and works protected
  • 80 Amendment of relevant development instrument does not affect existing development approval under Planning Act or PDA development approval
  • 81 Development or use carried out in emergency

Division 3 - PDA development applications

Subdivision 1 - Making application
  • 82 How to make application
  • 82A Notice of properly made application
    • Subdivision 2 - Processing application
  • 82B Application of subdivision
  • 83 Information requests to applicant
  • 83A Lapsing of application—failure to give any requested information
  • 83B Notice of compliance with information request
  • 84 Notice of application
  • 84A MEDQ must give notice of requirement to give compliance statement
  • 84B Lapsing of application—failure to give compliance statement
  • 84C MEDQ must decide whether applicant has complied with s 84
  • 84D MEDQ must decide whether applicant given s 84C(3) notice has complied with s 84
  • 84E MEDQ may refuse application—failure to give further compliance statement or comply with s 84
  • 84F Notice of refusal of application
  • 85 Deciding application generally
  • 86 Restrictions on granting approval
  • 87 Matters to be considered in making decision
  • 88 PDA development conditions
  • 89 Decision notice
    • Subdivision 3 - Appeals
  • 90 Right of appeal against particular conditions
    • Subdivision 4 - Miscellaneous provisions
  • 91 Approved material change of use required for particular developments
  • 92 Changing application
  • 93 Withdrawing application

Division 4 - PDA development approvals

  • 94 Types of PDA development approvals
  • 95 Duration of approval
  • 96 Approval attaches to the relevant land
  • 97 Provision for enforcement of PDA development conditions
  • 98 Cancellation
  • 99 Application to change PDA development approval
  • 100 When approval lapses generally
  • 101 Application to extend currency period
  • 102 Deciding extension application

Division 5 - Miscellaneous provisions

  • 103 Use or preservation covenants
  • 104 Plans of subdivision

PART 5 - ENFORCEMENT NOTICES, ENFORCEMENT ORDERS AND OTHER COURT ORDERS

Division 1AA - Enforcement notices

  • 104A Application of Planning Act provisions for enforcement notices

Division 1 - Enforcement orders

  • 105 Starting proceeding for enforcement order
  • 106 Making interim enforcement order
  • 107 Making enforcement order
  • 108 Effect of enforcement order
  • 109 Powers about enforcement orders
  • 110 Offence to contravene enforcement order

Division 2 - Magistrates Court orders

  • 111 Orders Magistrates Court may make in PDA offence proceeding
  • 112 Offence to contravene Magistrates Court order
  • 112A Order for compensation
  • 112B Order for investigation expenses

Division 3 - Other provisions relating to court orders or proceedings

  • 113 MEDQ may remedy noncompliance with particular orders
  • 114 Planning and Environment Court may make declarations

PART 6 - PARTICULAR CHARGES

Division 1 - Special rates or charges

  • 115 Levying special rates or charges
  • 116 Application of special rate or charge

Division 2 - Infrastructure expenses recoupment charges

  • 116A Definitions for div 2
  • 116B Making and levying charge
  • 116C Requirements for authorising instrument
  • 116D Basis and amount of charge
  • 116E Making and levying of charge by superseding public sector entity

Division 3 - Recovery of relevant charges

PART 7 - INFRASTRUCTURE AGREEMENTS RELATING TO PRIORITY DEVELOPMENT AREAS

  • 118 Application of pt 7
  • 119 Exercise of discretion unaffected by infrastructure agreements
  • 120 When infrastructure agreements under Planning Act apply instead of particular approvals
  • 120A When water infrastructure agreements apply instead of particular approvals
  • 121 Infrastructure agreement continues beyond cessation of priority development area
  • 122 Consultation with public sector entities before entering into particular infrastructure agreements

PART 8 - MEDQ’S POWERS RELATING TO PRIORITY DEVELOPMENT AREAS AND PDA-ASSOCIATED DEVELOPMENT

  • 122A Definitions for part
  • 122B Powers for investigation and enforcement of PDA development offences and related matters
  • 123 Application of local government entry powers for MEDQ’s functions or powers
  • 124 Roads and road closures
  • 125 Vesting land in permanently closed road or unallocated State land in MEDQ
  • 126 Giving information about roads to relevant local government
  • 127 Direction to government entity or local government to accept transfer
  • 128 Direction to government entity or local government to provide or maintain infrastructure

PART 9 - FEES

  • 129 Application fees
  • 129A Refunding and waiving fees

CHAPTER 4 - ESTABLISHMENT ETC. OF OTHER ENTITIES

PART 1 - ECONOMIC DEVELOPMENT BOARD

Division 1 - Establishment and functions

  • 130 Establishment
  • 131 Board’s functions

Division 2 - Membership

  • 132 Membership of the board
  • 133 Chairperson and deputy chairperson
  • 134 Terms and conditions of appointment etc.
  • 135 Disclosure of interests

Division 3 - Meetings and other business of the board

  • 136 Conduct of business
  • 137 Times and places of meetings
  • 138 Quorum
  • 139 Attendance by proxy
  • 140 Presiding at meetings
  • 141 Conduct of meetings
  • 142 Decisions outside meetings
  • 143 Minutes and record of decisions

PART 2 - (Repealed)

PART 3 - LOCAL REPRESENTATIVE COMMITTEES

  • 158 Establishment
  • 159 Functions

PART 3A - LOCAL CONSULTATIVE COMMITTEES

  • 159A Establishment
  • 159B Functions
  • 159C Membership
  • 159D Dissolution of local consultative committees

PART 4 - PROVISIONS APPLYING TO MEMBERS

  • 160 Report about person’s criminal history for particular appointments
  • 161 Duty to act honestly and exercise care and diligence
  • 162 MEDQ may bring proceedings

CHAPTER 5 - GENERAL

PART 1 - OTHER OFFENCES

  • 163 Privacy
  • 164 Liability of executive officer for particular offences committed by corporation
  • 165 Giving MEDQ a false or misleading document

PART 2 - PROCEEDINGS

  • 166 Proceedings for offences
  • 167 Limitation on time for starting proceeding for offence
  • 168 Evidentiary aids

PART 3 - PROVISIONS ABOUT PERFORMANCE OF FUNCTIONS ETC. UNDER THIS ACT

  • 169 Delegations
  • 170 MEDQ may give directions
  • 171 Protection from civil liability

PART 3A - SERVICE OF DOCUMENTS

  • 171A Application of part
  • 171B Service of documents
  • 171C Certificate of service

PART 3B - APPLICABLE EVENTS

Division 1 - Preliminary

Division 2 - Temporary use licences

  • 171E Application of division
  • 171F Applications for temporary use licences
  • 171G Decisions on applications
  • 171H Notices of decisions
  • 171I Period of temporary use licences
  • 171J Effect of temporary use licences
  • 171K Delegations

Division 3 - Effect of particular declarations under Planning Act 2016

Division 4 - Extending and suspending periods under Act

  • 171M Application of division
  • 171N Extension of periods for doing things under Act
  • 171O Suspension of periods for doing things under Act

PART 4 - OTHER ADMINISTRATIVE MATTERS

  • 172 Registers
  • 173 Access to registers
  • 174 Matters to be included in department’s annual report
  • 175 Approved forms
  • 176 Regulation-making power

CHAPTER 6 - TRANSITIONAL PROVISIONS AND REPEALS FOR ACT NO. 43 OF 2012

PART 1 - PRELIMINARY

PART 2 - ABOLITION OF FORMER ENTITIES AND TRANSFER OF THEIR ASSETS ETC.

  • 178 Abolition of former entity etc.
  • 179 Employees of former ULDA to be employed by department
  • 180 MEDQ is legal successor
  • 181 Assets and liabilities etc. of a former entity
  • 182 Proceeding not yet started by or against a former entity
  • 183 Proceeding to which a former entity was a party
  • 184 Records of former entity
  • 185 References to former entity and former entity’s website
  • 186 Amounts in Estates Construction Fund at the commencement
  • 187 Annual reporting
  • 188 Offences relating to former entity
  • 189 Other things done by former entity

PART 3 - EXISTING URBAN DEVELOPMENT AREAS

  • 190 Existing urban development areas
  • 191 Existing interim land use plans for transitioned UDAs
  • 192 MEDQ must make development scheme for transitioned UDA
  • 193 Existing development schemes for transitioned UDAs
  • 194 Application of this Act to transitioned UDAs
  • 195 Relationship with repealed Sustainable Planning Act
  • 196 Regulation about transitioned UDAs

PART 4 - PROVISIONS ABOUT CESSATION OF AN URBAN DEVELOPMENT AREA

  • 197 Particular provisions about land or premises that were in urban development area

PART 5 - DEVELOPMENT AND USES IN EXISTING URBAN DEVELOPMENT AREAS

  • 198 Existing UDA development applications
  • 199 Appeals against existing decisions on UDA development applications
  • 200 Ministerial call in for existing decisions on UDA development applications not started at the commencement
  • 201 Ministerial call in for existing decisions on UDA development applications started but not finished at the commencement
  • 202 Existing UDA development approvals
  • 203 Existing applications to extend currency period
  • 204 Plans of subdivision requiring former ULDA’s approval
  • 205 Special provision for Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012

PART 6 - PROCEEDINGS AND RELATED MATTERS

  • 206 Starting proceeding for enforcement order for offence committed before the commencement
  • 207 Existing proceeding for enforcement order
  • 208 Existing enforcement order
  • 209 Proceedings for offence committed before commencement
  • 210 Existing Magistrates Court order
  • 211 MEDQ’s power to recover cost of works to remedy stated public nuisance
  • 212 Existing proceedings for declaration

PART 7 - OTHER TRANSITIONAL PROVISIONS

  • 213 Existing directions to government entity or local government to accept transfer
  • 214 Existing directions to government entity or local government to provide or maintain infrastructure
    • 215. (Repealed)

PART 8 - REPEALS

CHAPTER 7 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR QUEEN’S WHARF BRISBANE ACT 2016

  • 217 Definition for part
  • 218 Application of amendments about PDA-associated development
  • 219 Application of amended s 103

PART 2 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 220 Definitions for part
  • 221 Existing SPA development application made before priority development area declared
  • 222 Existing PDA development application for PDA-associated development
  • 223 Unfinished compliance assessment for plan of subdivision
  • 224 Existing PDA development approval

PART 3 - TRANSITIONAL PROVISIONS FOR ECONOMIC DEVELOPMENT AND OTHER LEGISLATION AMENDMENT ACT 2019

Division 1 - Preliminary

Division 2 - Provisions for amendments commencing on assent

  • 226 References to PDA self-assessable development and PDA exempt development
  • 227 Provisional land use plan made under declaration regulation
  • 228 Interim land use plan made under declaration regulation
  • 229 Application of former s 42M to particular material change of use
  • 230 Development scheme approved under regulation
  • 231 Amendment of development scheme approved under regulation
  • 232 Proceedings for offence against former s 74 or former s 164
  • 233 Existing PDA development applications
  • 234 Dissolution of Commonwealth Games Infrastructure Authority

Division 3 - Provisions for amendments commencing by proclamation

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