INTEGRATED PLANNING ACT 1997

Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1.1.1. Short title
1.1.2. Commencement

Part 2--Purpose and advancing the purpose

1.2.1. Purpose of Act
1.2.2. Advancing Act's purpose
1.2.3. What advancing this Act's purpose includes

Part 3--Interpretation

Division 1--Standard definitions

1.3.1. Definitions—the dictionary

Division 2--Key definitions

1.3.2. Meaning of development
1.3.3. Meaning of ecological sustainability
1.3.4. Meaning of lawful use

Division 3--Supporting definitions and explanations for key definitions

1.3.5. Definitions for terms used in development
1.3.6. Explanation of terms used in ecological sustainability

Division 4--General matters of interpretation

1.3.7. Words in this Act prevail over words in planning instruments
1.3.8. References in Act to applicants, assessment managers, agencies etc.

Part 4--Existing uses and rights protected

1.4.1. Lawful uses of premises on 30 March 1998
1.4.2. Lawful uses of premises protected
1.4.3. Lawfully constructed buildings and works protected
1.4.4. New planning instruments can not affect existing development approvals
1.4.5. Implied and uncommenced right to use premises protected
1.4.6. Strategic port land
1.4.7. State forests
1.4.8. Sch 8 may still apply to certain development

Part 5--Application of Act

1.5.1. Act binds all persons

CHAPTER 2--PLANNING

Part 1--Local planning instruments

Division 1--General provisions about planning schemes

2.1.1. Meaning of planning scheme
2.1.2. Area to which planning schemes apply

Division 2--Key concepts for planning schemes

2.1.3. Key elements of planning schemes
2.1.3A. Core matters for planning schemes
2.1.4. State, regional and local dimensions of planning scheme matters

Division 3--Making, amending and consolidating planning schemes

2.1.4A. Application of div 3
2.1.5. Process for making or amending planning schemes
2.1.6. Compliance with sch 1
2.1.7. Effects of planning schemes and amendments
2.1.8. Consolidating planning schemes
2.1.8A. Amending planning scheme to state compliance with State planning policy

Division 4--Temporary local planning instruments

2.1.9. Meaning of temporary local planning instrument
2.1.10. Extent of effect of temporary local planning instrument
2.1.11. Area to which temporary local planning instrument applies
2.1.12. Process for making temporary local planning instruments
2.1.13. Compliance with sch 2
2.1.14. When temporary local planning instruments have effect
2.1.15. Repealing temporary local planning instruments

Division 5--Planning scheme policies

2.1.16. Meaning of planning scheme policy
2.1.17. Area to which planning scheme policy applies
2.1.17A.Inconsistency between planning instruments
2.1.18. Adopting planning scheme policies in planning schemes
2.1.19. Process for making or amending planning scheme policies
2.1.20. Compliance with sch 3
2.1.21. Effects of planning scheme policies
2.1.22. Repealing planning scheme policies

Division 6--Local planning instruments generally

2.1.23. Local planning instruments have force of law
2.1.24. Infrastructure intentions in local planning instruments not binding
2.1.25. Covenants not to conflict with planning schemes

Part 2--Reviewing local planning instruments

Division 1--Review of planning schemes by local government

2.2.1. Local government must review planning scheme every 8 years
2.2.2. Courses of action local government may take
2.2.3. Report to be prepared about review if decision is to take no action
2.2.4. Notice about report to be published
2.2.5. Local government must review its priority infrastructure plan every 4 years

Part 3--State powers

Division 1--Preliminary

2.3.1. Procedures before exercising powers

Division 2--Exercising State powers

2.3.2. Power of Minister to direct local government to take action about local planning instrument
2.3.3. Power of Minister if local government fails to comply with direction
2.3.4. Process if Minister takes directed action
2.3.5. References in schedules to local government etc.

Part 4--State planning policies

2.4.1. Meaning of State planning policy
2.4.2. Area to which State planning policies apply
2.4.3. Process for making or amending State planning policies
2.4.4. Compliance with sch 4
2.4.5. Effects of State planning policies
2.4.6. Repealing State planning policies

Part 5--Regional planning advisory committees

Division 1--General provisions about regional planning advisory committees

2.5.1. What are regions

Division 2--Regional planning advisory committees

2.5.2. Establishment of committees
2.5.3. Particulars about committee
2.5.4. Changing committee
2.5.5. Operation of committee
2.5.6. Reports of committee

Part 5A--Regional planning in designated regions

Division 1--Preliminary

2.5A.1. Application of pt 5A
2.5A.2. What is a designated region

Division 2--Regional coordination committees

2.5A.3. Establishment of regional coordination committee
2.5A.4. Function of regional coordination committee
2.5A.5. Membership of regional coordination committee
2.5A.6. Dissolution of regional coordination committee
2.5A.7. Quorum
2.5A.8. Presiding at meetings
2.5A.9. Conduct of meetings

Division 3--Regional plans for designated regions

2.5A.10.What is a regional plan
2.5A.11.Key elements of regional plan

Division 4--Preparing and making regional plans

2.5A.12.Regional planning Minister to prepare draft regional plan
2.5A.13.Notice of and public consultation on draft regional plan
2.5A.14.Making regional plan
2.5A.15.Notice of making of regional plan

Division 5--Amending or replacing regional plans

2.5A.16.Regional planning Minister may amend or replace regional plan
2.5A.17.How regional plan is amended or replaced
2.5A.18.Particular amendments of regional plan

Division 6--Effect of regional plans

2.5A.19.State interest
2.5A.20.Local governments to amend planning schemes to reflect regional plan
2.5A.21.Effect of regional plan on other plans, policies or codes

Part 5B--Master planning for particular areas of State interest

Division 1--Preliminary

2.5B.1. Purpose of pt 5B

Division 2--Master planned areas

2.5B.2. Identification of master planned areas
2.5B.3. Master planned area declarations
2.5B.4. Restriction on particular development applications in master planned area
2.5B.5. Notation of master planned areas on planning scheme

Division 3--Structure plans for master planned areas declared by the Minister

2.5B.6. Application of div 3
2.5B.7. Local government's obligation to have structure plan
2.5B.8. Content of structure plan
2.5B.9. Relationship with schs 8 and 9
2.5B.10.Provisions for making structure plan
2.5B.11.Provisions for new planning schemes
2.5B.12.When structure plan takes effect

Division 4--General provisions about master plans

2.5B.13.Application of div 4
2.5B.14.Local government approval required
2.5B.15.Content of master plan
2.5B.16.Relationship with schs 8 and 9
2.5B.17.Relationship with local planning instruments
2.5B.18.Master plan attaches to land in master planning unit
2.5B.19.New planning instruments can not affect approved master plan
2.5B.20.When master plan ceases to have effect

Division 5--Applying for and obtaining approval of proposed master plan
Subdivision 1--Application stage for proposed master plan

2.5B.21.Who may apply
2.5B.22.Requirements for application
Subdivision 2--Information and response stage
2.5B.23.Local government gives application to coordinating agency
2.5B.24.Request for information from applicant
2.5B.25.Applicant responds to any request for information
2.5B.26.Lapsing of application if applicant does not respond
Subdivision 3--Consultation stage
2.5B.27.When consultation is required
2.5B.28.Content requirements for public notice
2.5B.29.When public notice must be given
2.5B.30.Notice to comply with public notice requirement
2.5B.31.Lapsing of application if notice not complied with
2.5B.32.Making submissions
2.5B.33.Distribution of submissions
Subdivision 4--State government decision stage
2.5B.34.Assessment by participating agency and coordinating agency
2.5B.35.Participating agency's response
2.5B.36.Participating agency's response powers
2.5B.37.Coordinating agency's assessment
2.5B.38.Resolution of conflict by Minister
2.5B.39.Coordinating agency's decision
Subdivision 5--Local government decision stage
2.5B.40.Decision making period
2.5B.41.Assessment by local government
2.5B.42.Local government's decision generally
2.5B.43.Restrictions on giving approval
2.5B.44.Conditions
2.5B.45.Notice of decision
2.5B.46.Representations about conditions and other matters
2.5B.47.Applicant may suspend applicant's appeal period
2.5B.48.When approval takes effect
Subdivision 6--Ministerial directions about application
2.5B.49.Ministerial directions to local government
2.5B.50.Ministerial directions to applicant
Subdivision 7--Miscellaneous provisions
2.5B.51.Agreements about master plan
2.5B.52.Native Title Act (Cwlth)
2.5B.53.Substantial compliance
2.5B.54.Changing application
2.5B.55.Withdrawing application
2.5B.56.Additional third party advice or comment
2.5B.57.Public scrutiny of application and related material

Division 6--Miscellaneous provisions about master plans

2.5B.58.Modified application of provisions about infrastructure for master plan
2.5B.59.Application to amend master plan
2.5B.60.Cancellation of master plan by local government

Division 7--Development applications in declared master planned areas

2.5B.61.Application of div 7
2.5B.62.Relationship with IDAS
2.5B.63.Modified application of sch 8 if application relates to particular development
2.5B.64.Exclusion of particular agencies as a referral agency
2.5B.65.Exclusion of particular provisions about making application
2.5B.66.Additional provisions for when application is properly made
2.5B.67.Provision about approval of master plan
2.5B.68.Decision must not be contrary to master plan
2.5B.69.Assessable development requiring code assessment
2.5B.70.Assessable development requiring impact assessment
2.5B.71.Decision notice
2.5B.72.Additional restriction on starting of development
2.5B.73.Notation of master plan on planning scheme

Division 8--Funding of master planning

2.5B.74.Agreement to fund structure plan
2.5B.75.Special charge for making a structure plan

Part 5C--State planning regulatory provisions

Division 1--General provisions

2.5C.1. Power to make State planning regulatory provision
2.5C.2. Restriction on making State planning regulatory provision
2.5C.3. Content of State planning regulatory provision
2.5C.4. State interest
2.5C.5. Relationship with other planning instruments
2.5C.6. Status of State planning regulatory provision
2.5C.7. Particular State planning regulatory provisions to be ratified by Parliament
2.5C.8. State planning regulatory provisions that are subject to disallowance

Division 2--Making State planning regulatory provisions

2.5C.9. Notice of and public consultation on draft State planning regulatory provision
2.5C.10.Making State planning regulatory provision
2.5C.11.Notice and taking effect of State planning regulatory provision

Division 3--Effect of drafts and draft amendments

2.5C.12.Effect of draft State planning regulatory provision and draft amendments

Division 4--Amendment or repeal of State planning regulatory provisions

2.5C.13.Minor amendments
2.5C.14.Other amendments
2.5C.15.Repeals

Part 6--Designation of land for community infrastructure

Division 1--Preliminary

2.6.1. Who may designate land
2.6.2. Matters to be considered when designating land
2.6.4. What designations may include
2.6.5. How IDAS applies to designated land
2.6.5A. Relationship of designation to State Development and Public Works Organisation Act 1971
2.6.6. How infrastructure charges apply to designated land

Division 2--Ministerial designation processes

2.6.7. Matters the Minister must consider before designating land
2.6.8. Procedures after designation
2.6.9. Procedures if designation does not proceed
2.6.10. Effects of ministerial designations
2.6.11. When local government must include designation in planning scheme

Division 3--Local government designation process

2.6.12. Designation of land by local governments
2.6.13. Designating land the local government does not own

Division 4--Other matters about designations

2.6.14. Duration of designations
2.6.15. When designations do not cease
2.6.16. Reconfirming designation
2.6.17. How designations must be shown in planning schemes
2.6.18. Repealing designations
2.6.19. Request to acquire designated land under hardship
2.6.20. If designator grants request
2.6.21. Alternative action designator may take
2.6.22. If designator refuses request
2.6.23. If the designator does not act under the notice
2.6.24. How value of interest is decided
2.6.25. Ministers may delegate certain administrative powers about designations

CHAPTER 3--INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM (IDAS)

Part 1--Preliminary

3.1.1. What is IDAS
3.1.2. Development under this Act
3.1.3. Code and impact assessment for assessable development
3.1.4. When is a development permit necessary
3.1.5. Approvals under this Act
3.1.6. Preliminary approval may override a local planning instrument
3.1.7. Assessment manager
3.1.7A. Concurrence agencies if Minister decides assessment manager
3.1.8. Referral agencies for development applications
3.1.9. Stages of IDAS
3.1.10. Self-assessable development and codes
3.1.11. Native Title Act (Cwlth)

Part 2--Application stage

Division 1--Application process

3.2.1. Applying for development approval
3.2.2. Approved material change of use required for certain developments
3.2.2A. Approved operational works for marine plants required for certain developments
3.2.2B. Approved operational work for retaining walls required for certain development
3.2.3. Acknowledgement notices generally
3.2.4. Acknowledgement notices for development inconsistent with priority infrastructure plans
3.2.5. Acknowledgement notices for applications under superseded planning schemes
3.2.6. Acknowledgement notices if there are referral agencies

Division 2--General matters about applications

3.2.7. Additional third party advice or comment
3.2.8. Public scrutiny of applications and related material
3.2.9. Changing an application
3.2.10. Notification stage does not apply to some changed applications
3.2.11. Withdrawing an application
3.2.12. Applications lapse in certain circumstances
3.2.13. Refunding fees

Division 3--End of application stage

3.2.15. When does application stage end

Part 3--Information and referral stage

Division 1--Preliminary

3.3.1. Purpose of information and referral stage
3.3.2. Referral agency responses before application is made

Division 2--Information requests

3.3.3. Applicant gives material to referral agency
3.3.4. Applicant advises assessment manager
3.3.6. Information requests to applicant
3.3.8. Applicant responds to any information request
3.3.9. Referral agency advises assessment manager of response

Division 4--Referral agency assessment

3.3.14. Referral agency assessment period
3.3.15. Referral agency assesses application
3.3.16. Referral agency's response
3.3.17. How a concurrence agency may change its response
3.3.18. Concurrence agency's response powers
3.3.19. Advice agency's response powers

Division 5--End of information and referral stage

3.3.20. When does information and referral stage end

Part 4--Notification stage

Division 1--Preliminary

3.4.1. Purpose of notification stage
3.4.2. When the notification stage applies
3.4.3. When can notification stage start

Division 2--Public notification

3.4.4. Public notice of applications to be given
3.4.5. Notification period for applications
3.4.6. Requirements for certain notices
3.4.7. Notice of compliance to be given to assessment manager
3.4.8. Circumstances when applications may be assessed and decided without certain requirements
3.4.9. Making submissions
3.4.9A. Submissions made during notification period effective for later notification period

Division 3--End of notification stage

3.4.10. When does notification stage end

Part 5--Decision stage

Division 1--Preliminary

3.5.1. When does decision stage start
3.5.2. Assessment necessary even if concurrence agency refuses application

Division 2--Assessment process

3.5.3. References in div 2 to codes, planning instruments, laws or policies
3.5.3A. When assessment manager must not assess part of an application
3.5.4. Code assessment
3.5.5. Impact assessment
3.5.5A. Assessment for s 3.1.6 preliminary approvals that override a local planning instrument
3.5.6. Assessment manager may give weight to later codes, planning instruments, laws and policies

Division 3--Decision

3.5.7. Decision making period (generally)
3.5.8. Decision making period (changed circumstances)
3.5.9. Applicant may stop decision making period to make representations
3.5.10. Applicant may stop decision making period to request chief executive's assistance
3.5.11. Decision generally
3.5.12. Decision if concurrence agency requires refusal
3.5.13. Decision if application requires code assessment
3.5.14. Decision if application requires impact assessment
3.5.14A.Decision if application under s 3.1.6 requires assessment
3.5.15. Decision notice

Division 4--Representations about conditions and other matters

3.5.16. Application of div 4
3.5.17. Changing conditions and other matters during the applicant's appeal period
3.5.18. Applicant may suspend applicant's appeal period

Division 5--Approvals

3.5.19. When approval takes effect
3.5.20. When development may start
3.5.21. When approval lapses if development not started
3.5.21A.When approval lapses if development started but not completed
3.5.22. Request to extend period in s 3.5.21
3.5.23. Deciding request under s 3.5.22
3.5.24. Request to change development approval (other than a change of a condition)
3.5.25. Deciding request to change development approval (other than a change of a condition)
3.5.26. Request to cancel development approval
3.5.27. Certain approvals to be recorded on planning scheme
3.5.28. Approval attaches to land

Division 6--Conditions

3.5.29. Application of div 6
3.5.30. Conditions must be relevant or reasonable
3.5.31. Conditions generally
3.5.31A.Conditions requiring compliance
3.5.32. Conditions that can not be imposed
3.5.33. Request to change or cancel conditions
3.5.33A.When condition may be changed or cancelled by assessment manager or concurrence agency
3.5.34. Agreements
3.5.37. Covenants not to be inconsistent with development approvals

Part 6--Ministerial IDAS powers

Division 1--Ministerial directions

3.6.1. Ministerial directions to assessment managers
3.6.2. Ministerial directions to concurrence agencies
3.6.3. Ministerial directions to applicants

Division 2--Ministerial call in powers

3.6.4. Definition for div 2
3.6.5. When a development application may be called in
3.6.6. Notice of call in
3.6.7. Effect of call in
3.6.8. Process if call in decision does not deal with all aspects of the application
3.6.9. Report about decision

Part 7--Plans of subdivision

3.7.1. Application of pt 7
3.7.1A. Definition for pt 7
3.7.2. Plan for reconfiguring under development permit
3.7.3. Plan submitted under condition of development permit
3.7.4. Plan for reconfiguring that is not assessable development
3.7.5. Endorsement of approval
3.7.6. When approved plan to be lodged for registration
3.7.7. Local government approval subject to other Act
3.7.8. When pt 7 does not apply

Part 8--Applying IDAS to mobile and temporary environmentally relevant activities

3.8.1. Mobile and temporary environmentally relevant activities

CHAPTER 4--APPEALS, OFFENCES AND ENFORCEMENT

Part 1--Planning and Environment Court

Division 1--Establishment and jurisdiction of court

4.1.1. Continuance of Planning and Environment Court
4.1.2. Jurisdiction of court
4.1.3. Jurisdiction in chambers

Division 2--Powers of court

4.1.4. Subpoenas
4.1.5. Contempt and contravention of orders
4.1.5A. How court may deal with matters involving substantial compliance
4.1.6. Terms of orders etc.
4.1.7. Taking and recording evidence etc.

Division 3--Constituting court

4.1.8. Constituting court
4.1.9. Jurisdiction of judges not impaired

Division 4--Rules and directions

4.1.10. Rules of court
4.1.11. Directions

Division 5--Parties to proceedings and court sittings

4.1.12. Where court may sit
4.1.13. Appearance
4.1.14. Adjournments
4.1.15. What happens if judge dies or is incapacitated
4.1.16. Stating case for Court of Appeal's opinion

Division 6--Other court officials and registry

4.1.17. Registrars and other court officials
4.1.18. Registries
4.1.19. Court records
4.1.20. Judicial notice

Division 7--Other court matters

4.1.21. Court may make declarations
4.1.22. Court may make orders about declarations
4.1.23. Costs
4.1.24. Privileges, protection and immunity
4.1.25. Payment of witnesses
4.1.26. Evidence of planning schemes or master plans

Division 8--Appeals to court relating to development applications

4.1.27. Appeals by applicants
4.1.28. Appeals by submitters—general
4.1.28A.Additional and extended appeal rights for submitters for particular development applications
4.1.29. Appeals by advice agency submitters
4.1.30. Appeals for matters arising after approval given (co-respondents)

Division 9--Appeals to court about other matters

4.1.30A.Appeals by applicant for approval of a proposed master plan
4.1.31. Appeals for matters arising after approval given (no co-respondents)
4.1.32. Appeals against enforcement notices
4.1.33. Stay of operation of enforcement notice
4.1.33A.Appeals against decisions to change approval conditions under the repealed Act
4.1.33B.Appeals against local laws
4.1.34. Appeals against decisions on compensation claims
4.1.35. Appeals against decisions on requests to acquire designated land under hardship
4.1.36. Appeals about particular infrastructure charges
4.1.37. Appeals from tribunals
4.1.38. Court may remit matter to tribunal

Division 10--Making an appeal to court

4.1.39. How appeals to the court are started
4.1.41. Notice of appeal to other parties (div 8)
4.1.42. Notice of appeal to other parties (div 9)
4.1.43. Respondent and co-respondents for appeals under div 8
4.1.44. Respondent and co-respondents for appeals under div 9
4.1.45. How an entity may elect to be a co-respondent
4.1.46. Minister entitled to be party to an appeal involving a State interest
4.1.47. Lodging appeal stops certain actions

Division 11--Alternative dispute resolution

4.1.48. ADR process applies to proceedings started under this part

Division 12--Court process for appeals

4.1.49. Hearing procedures
4.1.50. Who must prove case
4.1.51. Court may hear appeals together
4.1.52. Appeal by way of hearing anew
4.1.54. Appeal decision
4.1.55. Court may allow longer period to take an action

Division 13--Appeals to Court of Appeal

4.1.56. Who may appeal to Court of Appeal
4.1.57. When leave to appeal must be sought and appeal made
4.1.58. Power of Court of Appeal
4.1.59. Lodging appeal stops certain actions

Part 2--Building and development tribunals

Division 1--Establishing, constituting and jurisdiction of tribunals

4.2.1. Establishing building and development tribunals
4.2.2. Consultation about multiple member tribunals
4.2.3. Same members to continue for duration of tribunal
4.2.4. Referee with conflict of interest not to be member of tribunal
4.2.5. Referee not to act as member of tribunal in certain cases
4.2.6. Remuneration of members of tribunal
4.2.7. Jurisdiction of tribunals

Division 2--Other tribunal officials

4.2.8. Appointment of registrar and other officers

Division 3--Appeals to tribunals relating to development applications

4.2.9. Appeals by applicants
4.2.10. Appeal by advice agency
4.2.11. Appeals for matters arising after approval given (co-respondents)

Division 4--Appeals to tribunal about other matters

4.2.12. Appeals for matters arising after approval given (no co-respondents)
4.2.12A.Appeals for building and plumbing and drainage matters
4.2.13. Appeals against enforcement notices
4.2.14. Stay of operation of enforcement notice

Division 5--Making an appeal to tribunal

4.2.15. How appeals to tribunals are started
4.2.16. Fast track appeals
4.2.16A.Notice of appeal to other parties (under other Acts)
4.2.17. Notice of appeal to other parties (div 3)
4.2.18. Notice of appeal to other parties (div 4)
4.2.19. Respondent and co-respondents for appeals under div 3
4.2.20. Respondent and co-respondents for appeals under div 4
4.2.21. How a person may elect to be co-respondent
4.2.22. Registrar must ask assessment manager for material in certain proceedings
4.2.23. Minister entitled to be represented in an appeal involving a State interest

Division 6--Tribunal process for appeals

4.2.24. Establishing a tribunal
4.2.25. Procedures of tribunals
4.2.26. Costs
4.2.27. Tribunal may allow longer period to take an action
4.2.28. Appeal may be by hearing or written submission
4.2.29. Appeals by hearing
4.2.30. Right to representation at tribunal appeal hearing
4.2.31. Conduct of hearings
4.2.32. Appeals by written submission
4.2.33. Matters the tribunal may consider in making a decision
4.2.34. Appeal decision
4.2.35. When decision may be made without representation or submission
4.2.35A.Notice of compliance

Division 7--Referees

4.2.36. Appointment of referees
4.2.37. Qualifications of general referees
4.2.38. Term of referee's appointment
4.2.39. General referee to make declaration

Part 3--Development offences, notices and orders

Division 1--Development offences

4.3.1A. Additional meanings for defined terms in div 1
4.3.1. Carrying out assessable development without permit
4.3.2. Self-assessable development must comply with codes
4.3.2A. Certain assessable development must comply with codes
4.3.3. Compliance with development approval
4.3.4. Compliance with identified codes about use of premises
4.3.5. Offences about the use of premises
4.3.5A. Compliance with State planning regulatory provisions
4.3.5B. Compliance with master plans
4.3.6. General exemption for emergency development or use
4.3.6A. Coastal emergency exemption for operational work that is tidal works
4.3.6B. Exemption for building work on Queensland heritage place
4.3.7. Giving a false or misleading document

Division 2--Show cause notices

4.3.8. Application of div 2
4.3.9. Giving show cause notice
4.3.10. General requirements of show cause notice

Division 3--Enforcement notices

4.3.11. Giving enforcement notice
4.3.12. Restriction affecting giving of enforcement notice
4.3.13. Specific requirements of enforcement notice
4.3.14. General requirements of enforcement notices
4.3.15. Offences relating to enforcement notices
4.3.16. Processing application required by enforcement or show cause notice
4.3.17. Assessing authority may take action

Division 4--Offence proceedings in Magistrates Court

4.3.18. Proceedings for offences
4.3.19. Proceeding brought in a representative capacity
4.3.20. Magistrates Court may make orders
4.3.21. Costs involved in bringing proceeding

Division 5--Enforcement orders of court

4.3.22. Proceeding for orders
4.3.23. Proceeding brought in a representative capacity
4.3.24. Making interim enforcement order
4.3.25. Making enforcement order
4.3.26. Effect of orders
4.3.27. Court's powers about orders
4.3.28. Costs involved in bringing proceeding

Division 6--Application of Acts

4.3.29. Application of other Acts

Part 4--Legal proceedings

Division 1--Proceedings

4.4.1. Proceedings for offences
4.4.2. Limitation on time for starting proceedings
4.4.3. Executive officers must ensure corporation complies with Act

Division 2--Fines and costs

4.4.4. When fines payable to local government
4.4.5. Order for compensation or remedial action
4.4.6. Recovery of costs of investigation

Division 3--Evidence

4.4.7. Application of div 3
4.4.8. Appointments and authority
4.4.9. Signatures
4.4.10. Matter coming to complainant's knowledge
4.4.11. Instruments, equipment and installations
4.4.12. Analyst's certificate or report
4.4.13. Evidentiary aids generally
4.4.14. Responsibility for acts or omissions of representatives

Division 4--Appeals about other matters

4.4.15. Appeals for compliance assessment

CHAPTER 5--MISCELLANEOUS

Part 1--Infrastructure planning and funding

Division 1--Preliminary

5.1.1. Purpose of pt 1

Division 2--Non-trunk infrastructure

5.1.2. Conditions local governments may impose for non-trunk infrastructure

Division 3--Trunk infrastructure

5.1.3. Priority infrastructure plans for trunk infrastructure
5.1.4. Funding trunk infrastructure for certain local governments

Division 4--Trunk infrastructure funding under an infrastructure charges schedule

5.1.5. Making or amending infrastructure charges schedules
5.1.6. Key elements of an infrastructure charges schedule
5.1.7. Infrastructure charges
5.1.8. Infrastructure charges notices
5.1.9. When infrastructure charges are payable
5.1.10. Application of infrastructure charges
5.1.11. Accounting for infrastructure charges
5.1.12. Agreements about, and alternatives to, paying infrastructure charges
5.1.13. Local government may supply different trunk infrastructure from that identified in a priority infrastructure plan
5.1.14. Infrastructure charges taken to be a rate

Division 5--Trunk infrastructure funding under a regulated infrastructure charges schedule

5.1.15. Regulated infrastructure charge
5.1.16. Adopting and notifying regulated infrastructure charges schedule
5.1.17. Regulated infrastructure charges
5.1.18. Regulated infrastructure charges notice
5.1.19. When regulated infrastructure charges are payable
5.1.20. Application of regulated infrastructure charges
5.1.21. Accounting for regulated infrastructure charges
5.1.22. Agreements about, and alternatives to, paying regulated infrastructure charges
5.1.23. Regulated infrastructure charges taken to be a rate

Division 6--Conditions local governments may impose for necessary trunk infrastructure

5.1.24. Conditions local governments may impose for necessary trunk infrastructure

Division 7--Conditions local governments may impose for additional trunk infrastructure costs

5.1.25. Conditions local governments may impose for additional trunk infrastructure costs
5.1.26. Local government additional trunk infrastructure costs in priority infrastructure areas
5.1.27. Local government additional trunk infrastructure costs outside priority infrastructure areas

Division 8--Conditions State infrastructure providers may impose for infrastructure

5.1.28. Conditions State infrastructure provider may impose
5.1.29. Requirements for conditions about safety or efficiency
5.1.30. Requirements for conditions about additional infrastructure costs
5.1.31. State infrastructure provider additional infrastructure costs in priority infrastructure areas
5.1.32. State infrastructure provider additional infrastructure costs outside priority infrastructure areas

Division 9--Miscellaneous

5.1.33. Agreements for infrastructure partnerships
5.1.34. Sale of certain land held on trust by local governments

Part 2--Infrastructure agreements

5.2.1. Meaning of infrastructure agreement
5.2.3. Content of infrastructure agreements
5.2.4. Copy of infrastructure agreements to be given to local government
5.2.5. When infrastructure agreements bind successors in title
5.2.6. Exercise of discretion unaffected by infrastructure agreements
5.2.7. Infrastructure agreements prevail if inconsistent with particular instruments

Part 3--Funding of State infrastructure in master planned areas

5.3.1. Purpose of pt 3
5.3.2. Power to make regulated State infrastructure charges schedule for master planned area
5.3.3. Content of regulated State infrastructure charges schedule
5.3.4. Regulated State infrastructure charges notice
5.3.5. When regulated State infrastructure charge is payable
5.3.6. Application of regulated State infrastructure charge
5.3.7. Accounting for regulated State infrastructure charges
5.3.8. Infrastructure agreements about, and alternatives to paying regulated State infrastructure charges
5.3.9. Recovery of regulated State infrastructure charges

Part 4--Compensation

5.4.1. Definition for pt 4
5.4.2. Compensation for reduced value of interest in land
5.4.3. Compensation for interest in land being changed to public purpose
5.4.4. Limitations on compensation under ss 5.4.2 and 5.4.3
5.4.5. Compensation for erroneous planning and development certificates
5.4.6. Time limits for claiming compensation
5.4.7. Time limits for deciding and advising on claims
5.4.8. Deciding claims for compensation
5.4.9. Calculating reasonable compensation involving changes
5.4.10. When compensation is payable
5.4.11. Payment of compensation to be recorded on title

Part 5--Power to purchase, take or enter land for planning purposes

5.5.1. Local government may take or purchase land
5.5.2. Assessment manager's power to enter land in certain circumstances
5.5.3. Compensation for loss or damage

Part 6--Public housing

5.6.1. Application of pt 6
5.6.2. Definitions for pt 6
5.6.3. How IDAS applies to development under pt 6
5.6.3A. How infrastructure charges apply for development under part 6
5.6.4. Chief executive must publicly notify certain proposed development
5.6.5. Chief executive must advise local government about all development

Part 7--Public access to planning and development information

Division 1--Preliminary

5.7.1. Meaning of available for inspection and purchase

Division 2--Documents available for inspection and purchase or inspection only

5.7.2. Documents local government must keep available for inspection and purchase
5.7.3. Documents local government must keep available for inspection only
5.7.4. Documents assessment manager must keep available for inspection and purchase
5.7.5. Documents assessment manager must keep available for inspection only
5.7.6. Documents chief executive must keep available for inspection and purchase
5.7.7. Documents chief executive must keep available for inspection only
5.7.7A. Documents particular entities required to keep available for inspection and purchase

Division 3--Planning and development certificates

5.7.8. Application for planning and development certificate
5.7.9. Limited planning and development certificates
5.7.10. Standard planning and development certificates
5.7.11. Full planning and development certificates
5.7.12. Time within which planning and development certificate must be given
5.7.13. Effect of planning and development certificate

Part 8--Environmental impact statements

Division 1--Preliminary

5.8.1. When EIS process applies
5.8.2. Purpose of EIS process

Division 2--EIS process

5.8.3. Applying for terms of reference
5.8.4. Draft terms of reference for EIS
5.8.5. Terms of reference for EIS
5.8.6. Preparation of draft EIS
5.8.7. Public notification of draft EIS
5.8.8. Making submissions on draft EIS
5.8.9. Chief executive evaluates draft EIS, submissions and other relevant material
5.8.10. EIS assessment report
5.8.11. Criteria for preparing report
5.8.12. Required content of report
5.8.13. Who the chief executive must give EIS and other material to

Division 3--How EIS process affects IDAS

5.8.14. How IDAS applies for development the subject of an EIS

Division 4--How EIS process affects designation

5.8.15. Matters a designator must consider

Part 8A--Notification stage for particular aquaculture development

Division 1--Preliminary

5.8A.1. Purpose of notification stage under this part
5.8A.2. When notification stage under this part applies
5.8A.3. When can notification stage start

Division 2--Public notification

5.8A.4. Public notice of proposed development
5.8A.5. Notification period for development applications
5.8A.6. Requirements for certain notices
5.8A.7. Notice of compliance to be given to assessment manager and concurrence agency
5.8A.8. Circumstances when applications may be assessed and decided without certain requirements
5.8A.9. Making submissions
5.8A.10.Submissions made during notification period effective for later notification period

Division 3--End of notification stage

5.8A.11.When does notification stage end

Division 4--Changed referral agency provisions for applications to which this part applies

5.8A.12.Referral agency must not respond before notification stage ends
5.8A.13.Adjusted referral agency assessment period

Part 9--General

5.9.1. Approved forms
5.9.2. Delegation by Minister
5.9.3. Regulation-making power
5.9.4. Application of State Development and Public Works Organisation Act 1971
5.9.5. Application of Judicial Review Act 1991
5.9.6. References to Planning and Environment Court etc. in other Acts
5.9.7. Evidence of planning instruments or notices of designation
5.9.8. Planning instruments presumed to be within jurisdiction
5.9.9. Chief executive may issue guidelines

CHAPTER 6--TRANSITIONAL PROVISIONS

Part 1--Transitional provisions for Integrated Planning Act 1997

Division 1--Preliminary

6.1.1. Definitions for pt 1

Division 2--Planning schemes

6.1.2. Continuing effect of former planning schemes
6.1.3. What are transitional planning schemes
6.1.4. Transitional planning schemes for local government areas
6.1.5. Applying transitional planning schemes to local government areas
6.1.6. Amending transitional planning schemes
6.1.7. Amending transitional planning schemes for consistency with ch 3
6.1.8. Converting transitional planning schemes to IPA planning schemes
6.1.9. Preparation of planning schemes under repealed Act may continue
6.1.10. Preparation of amendments to planning schemes under repealed Act may continue
6.1.10A.Zoning of closed roads under transitional planning schemes
6.1.10B.Power to purchase or take land to achieve strategic intent of transitional planning scheme
6.1.11. Transitional planning schemes lapse after 5 years

Division 3--Interim development control provisions

6.1.12. Continuing effect of interim development control provisions
6.1.12A.Interim development control provisions for the shires of Wambo and Belyando

Division 4--Planning scheme policies

6.1.13. Continuing effect of local planning policies
6.1.14. What are transitional planning scheme policies
6.1.15. Transitional planning scheme policies for local government areas
6.1.16. Amending transitional planning scheme policies
6.1.17. Amending transitional planning scheme policies for consistency with ch 3
6.1.18. Repealing transitional planning scheme policies
6.1.19. Planning scheme policies may support transitional planning schemes
6.1.20. Planning scheme policies for infrastructure
6.1.21. IPA planning schemes cancel existing planning scheme policies

Division 5--State planning policies

6.1.22. Continuing effect of State planning policies

Division 6--Existing approvals and conditions

6.1.23. Continuing effect of approvals issued before commencement
6.1.24. Certain conditions attach to land

Division 7--Applications in progress

6.1.25. Effect of commencement on certain applications in progress
6.1.26. Effect of commencement on other applications in progress
6.1.27. Applications for compensation continue

Division 8--Applications made or development carried out after the commencement of this division

6.1.28. IDAS must be used for processing applications
6.1.29. Assessing applications (other than against the building assessment provisions)
6.1.30. Deciding applications (other than under the building assessment provisions)
6.1.30A.Deeming of certain applications under transitional planning schemes
6.1.31. Conditions about infrastructure for applications
6.1.32. Conditions about infrastructure for applications under interim development control provisions or subdivision of land by-laws
6.1.34. Consequential amendment of transitional planning schemes
6.1.35. Self-assessable development under transitional planning schemes
6.1.35A.Applications to change conditions of rezoning approvals under repealed Act
6.1.35B.Development approvals prevail over conditions of rezoning approvals under repealed Act
6.1.35C.Future effect of approvals for applications mentioned in s 3.1.6

Division 9--Planning and Environment Court

6.1.36. Appointments of judges continue
6.1.37. Court orders continue
6.1.38. Rules of court continue
6.1.39. Proceedings started under repealed Act continue

Division 10--Miscellaneous

6.1.42. Application of ch 2, pt 3
6.1.44. Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances
6.1.45. Infrastructure agreements
6.1.45AA.Rezoning agreements under previous Acts
6.1.45A.Development control plans under repealed Act
6.1.46. Local Government (Robina Central Planning Agreement) Act 1992
6.1.47. Delegations continue until withdrawn
6.1.48. Registers must be kept available for inspection and purchase
6.1.49. Town planning certificates may be used as evidence
6.1.50. Right to compensation continued
6.1.51. Orders in council about Crown land under repealed Act
6.1.51A.Certain lawful uses, buildings and works validated
6.1.53. References to repealed Act
6.1.54. Provisions applying for State-controlled roads

Part 2--Transitional provisions for Integrated Planning and Other Legislation Amendment Act 2003

Division 1--Transitional provisions generally

6.2.2. Particular planning scheme policies still valid
6.2.3. When s 3.5.31A applies

Division 2--Transitional provisions for designation

6.2.4. Designation processes continue

Division 3--Transitional provisions for infrastructure

6.2.5. Transitional provisions for infrastructure charges plans
6.2.6. When planning schemes do not require priority infrastructure plans
6.2.7. Priority infrastructure plans
6.2.8. Infrastructure charges schedules
6.2.9. Reduction of charge for infrastructure supplied under conditions
6.2.10. Appeals about infrastructure contribution conditions imposed under planning scheme policies

Part 3--Transitional provision for Vegetation Management and Other Legislation Amendment Act 2004

6.3.1. Application of VMA for mining and petroleum activities

Part 4--Transitional provision for Integrated Planning and Other Legislation Amendment Act 2004

6.4.1. Effect of SEQ regional plan for assessing and deciding applications under transitional planning schemes

Part 5--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2004

6.5.1. When particular development approvals lapse

Part 6--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2005

6.6.1. Deferment of application of s 4.3.1 to particular material changes of use

Part 7--Transitional provisions for Integrated Planning and Other Legislation Amendment Act 2006

6.7.1. Referral coordination required for undecided applications
6.7.1A. Notification period for particular applications
6.7.2. Currency periods for development approvals that have not lapsed
6.7.3. Sufficient grounds for decisions
6.7.4. Decision notices for applications made before commencement

Part 8--Transitional provisions for Urban Land Development Authority Act 2007

Division 1--Provisions for SEQ regional plan

6.8.1. Definitions for div 1
6.8.2. SEQ region becomes a designated region
6.8.3. SEQ regional plan becomes the regional plan for the SEQ region
6.8.4. Regulatory provisions included in SEQ regional plan become State planning regulatory provisions
6.8.5. References in SEQ regional plan and regulatory provisions
6.8.6. Local growth management strategy
6.8.7. Structure plan
6.8.8. Major development areas
6.8.9. Existing SEQ regional coordination committee
6.8.10. Effect of regional plan for assessing and deciding applications under transitional planning schemes

Division 2--Provisions for chapter 2, part 5B

6.8.11. Master plans prevail over conditions of rezoning approvals under repealed Act
6.8.12. Transition of validated planning documents to master planning documents

Division 3--Miscellaneous provision

6.8.13. Rezoning agreements under previous Acts

Part 9--Transitional provision for amendments under Revenue and Other Legislation Amendment Act (No. 2) 2008

6.9.1. Provision for particular development applications

Part 9--Transitional provisions for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008

6.9.1. Particular activities not a material change of use
6.9.2. Deferment of application of s 4.3.1 to particular material changes of use
SCHEDULE 1 -- PROCESS FOR MAKING OR AMENDING PLANNING SCHEMES

Part 1--Preliminary consultation and preparation stage
1. Resolution to prepare planning scheme
2. Local government may shorten process for amendments to planning schemes
3. Statement of proposals for preparing planning scheme
5. Public notice of proposal

6. Public access to statement of proposal
7. Consideration of all submissions
8. Minimum requirements for consultation
8A. Requirements for priority infrastructure plans
9. Proposing planning scheme

Part 2--Consideration of State interests and consultation stage

10. Minister may allow process to be shortened for certain amendments publicly consulted
11. Considering proposed planning scheme for adverse effects on State interests
12. Public notice of, and access to, proposed planning scheme
13. Public access to proposed planning scheme
14. Consideration of all submissions
15. Minimum requirements for consultation
16. Decision on proceeding with proposed planning scheme
17. Reporting to persons who made submissions about proposed planning scheme
18. Reconsidering proposed planning scheme for adverse effects on State interests

Part 3--Adoption stage

19. Adopting proposed planning scheme
20. Public notice of adoption of, and access to, planning schemes
21. Copy of notice and planning scheme to chief executive
SCHEDULE 1A -- PROCESS FOR AMENDING PLANNING SCHEME TO INCLUDE A STRUCTURE PLAN

Part 1--Making of structure plan amendment
1. Master planning process
2. Proposing a structure plan

Part 2--Consideration of State interests and consultation stage
3. Considering proposed structure plan amendment for adverse effects on State interests
4. Consultation on the proposed structure plan amendment
5. Resolution of conflict

Part 3--Consideration of State interests and notification stage
6. Decision on proceeding with proposed structure plan amendment
7. Reconsidering proposed structure plan amendment for adverse effects on State interests
8. Public notice of, and access to, proposed structure plan amendment
9. Public access to proposed structure plan amendment
10. Consideration of submissions
11. Minimum notification requirements for consultation
12. Reporting to persons who made submissions about proposed structure plan amendment

Part 4--Adoption stage
13. Decision on proceeding with proposed structure plan amendment
14. Reconsidering proposed structure plan amendment for adverse effects on State interests
15. Adopting proposed structure plan amendment
16. Public notice of adoption of, and access to, structure plan amendment
17. Copy of notice and structure plan amendment to chief executive
SCHEDULE 2 -- PROCESS FOR MAKING TEMPORARY LOCAL PLANNING INSTRUMENTS

Part 1--Proposal stage
1. Proposal to prepare temporary local planning instrument
2. Minister's approval required to proceed

Part 2--Adoption stage
3. Adopting proposed temporary local planning instrument
4. Public notice of adoption of, and access to, temporary local planning instruments
5. Copy of notice and temporary local planning instrument to chief executive
SCHEDULE 3 -- PROCESS FOR MAKING OR AMENDING PLANNING SCHEME POLICIES

Part 1--Proposal stage
1. Resolution proposing action

Part 2--Consultation stage
2. Public notice of proposed action
3. Public access to relevant documents
4. Consideration of all submissions
4A. Consultation stage does not apply in certain circumstances

Part 3--Adoption stage
5. Resolution about adopting proposed planning scheme policy or amendment
6. Reporting to persons who made submissions about proposed action
7. Public notice of adoption of, and access to, planning scheme policy or amendment
8. Copy of notice and policy or amendment to chief executive
SCHEDULE 4 -- PROCESS FOR MAKING OR AMENDING STATE PLANNING POLICIES

Part 1--Preparation stage
1. Minister must notify intention to prepare proposed State planning policy
2. Minister may prepare proposed State planning policy or amendment

Part 2--Consultation stage
3. Public notice of proposed action
4. Public access to relevant documents
5. Consideration of all submissions
6. Consultation stage does not apply in certain circumstances

Part 3--Adoption stage
7. Adopting proposed State planning policy or amendment
8. Reporting to persons who made submissions about proposed action
9. Public notice of adoption of, and access to, State planning policy or amendment
10. Copies of State planning policies to local governments
SCHEDULE 5 -- COMMUNITY INFRASTRUCTURE
SCHEDULE 8 -- ASSESSABLE DEVELOPMENT AND SELF-ASSESSABLE DEVELOPMENT
SCHEDULE 8A -- ASSESSMENT MANAGER FOR DEVELOPMENT APPLICATIONS
SCHEDULE 9 -- DEVELOPMENT THAT IS EXEMPT FROM ASSESSMENT AGAINST A PLANNING SCHEME
SCHEDULE 10 -- DICTIONARY
Endnotes

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