Queensland Consolidated Acts

INTEGRATED PLANNING ACT 1997 - SCHEDULE 1

(1) A local government may propose to prepare a planning scheme.

(2) In this schedule (other than in a provision specifically referring to an amendment of a planning scheme), a reference to a planning scheme includes a reference to an amendment of a planning scheme.

(1) Sections 3 to 8 do not apply to an amendment of a planning scheme.

(2) Sections 10 to 18 also do not apply if the amendment is a minor amendment.

(1) The local government must prepare a statement of its proposals for preparing the planning scheme.

(2) In particular, the statement must--

(a) identify matters the local government anticipates the planning scheme will address; and

(b) state how the local government intends to address each core matter (including its component parts) in preparing the planning scheme; and

(c) if the local government is in a designated region--state how the local government anticipates the planning scheme will reflect the region's regional plan.

(3) The local government must give a copy of the statement to the chief executive and to each adjoining local government.

(1) After complying with section 3, the local government must publish, at least once in a newspaper circulating generally in the local government's area, a notice stating the following--

(a) the name of the local government;

(b) that the local government has prepared a statement of its proposal for preparing the planning scheme and that the statement is available for inspection and purchase;

(c) a contact telephone number for information about the statement;

(d) that written submissions about any aspect of the proposal may be made to the local government by any person;

(e) the period (the preliminary consultation period) during which the submissions may be made;

(f) the requirements for making a properly made submission under this part.

(2) The preliminary consultation period must be for at least 40 business days after the notice is first published under subsection (1).

(3) For all of the preliminary consultation period, the local government must display a copy of the notice in a conspicuous place in the local government's public office.

For all of the preliminary consultation period, the local government must have a copy of the statement of proposal available for inspection and purchase.

The local government must consider every properly made submission about the proposal.

Sections 5, 6 and 7 state the minimum requirements for consultation with the public about the statement of proposal, but are not intended to prevent additional consultation.

(1) This section applies if a local government is--

(a) making a planning scheme or infrastructure charges schedule that includes a priority infrastructure plan; or

(b) amending a planning scheme or infrastructure charges schedule to include or amend a priority infrastructure plan.

(2) Before the local government makes a proposal under section 9, the local government must agree with the suppliers of State infrastructure for the priority infrastructure plan about--

(a) assumptions for the priority infrastructure plan; and

(b) the location and size of the priority infrastructure area.

(3) If the parties can not agree on the matters mentioned in subsection (2), the Minister must--

(a) establish a committee to prepare a report on the matters and having considered the report, decide the matters; or

(b) having considered the written views of the parties, decide the matters.

(1) If a local government has followed the process stated in section 1 and sections 3 to 8, the local government must--

(a) propose a planning scheme; or

(b) decide not to proceed with the preparation of the proposed planning scheme.

Editor's note--

Under chapter 2, part 2, a decision of a local government not to proceed to make a planning scheme is taken to be a decision not to review the planning scheme under the part.

(2) If section 2 applies to a proposal under this schedule, the local government must propose an amendment of its planning scheme.

(3) If the local government proposes a planning scheme under subsection (1) or (2), the local government must give the Minister a copy of the proposed planning scheme.

(1) This section applies if--

(a) the Minister receives, under section 9(3), a copy of a proposed amendment of a planning scheme; and

(b) the Minister is satisfied that the proposed amendment reflects 1 or more of the following, and that there has already been adequate public consultation about the matter, the subject of the proposed amendment--

(i) the recommendation of a regional planning advisory committee on a matter;

(ii) if the local government is in a designated region--the region's regional plan;

(iii) another standard or policy of the State;

(iv) a decision previously made by an assessment manager on a development application;

(v) an infrastructure charges schedule associated with a priority infrastructure plan included in the planning scheme.

(2) The Minister may advise the local government it need not comply with sections 12 to 18.

(3) If the Minister advises the local government under subsection (2), section 11 does not apply to the proposed amendment.

(1) On receiving a copy of a proposed planning scheme under section 9(3), the Minister must consider whether or not State interests would be adversely affected by the proposed planning scheme.

(2) The Minister must advise the local government, having regard to the Minister's consideration under subsection (1)--

(a) that it may notify the proposed planning scheme; or

(b) that it may notify the proposed planning scheme, but subject to compliance with conditions the Minister may impose about--

(i) the content of the proposed planning scheme; or

(ii) the way the planning scheme is notified.

(3) If the proposal is for the amendment of a planning scheme, the Minister may--

(a) as well as advising the local government under subsection (2), advise the local government that it need not comply with section 18 (other than section 18(7)(b)); or

(b) instead of advising the local government under subsection (2), advise the local government that, having regard to the Minister's consideration under subsection (1), it may not proceed further with the amendment.

(4) A condition imposed under subsection (2)(b)(ii) may only be for the purpose of providing public access to the proposed planning scheme to an extent greater than otherwise provided for in this schedule.

(5) Before notifying the proposed planning scheme, the local government must comply with any condition about the content of the proposed planning scheme imposed by the Minister under subsection (2)(b).

(1) If the Minister advises the local government that it may notify the proposed planning scheme, the local government must publish, at least once in a newspaper circulating generally in the local government's area, a notice stating the following--

(a) the name of the local government;

(b) if the notice is about an amendment of the planning scheme--the purpose and general effect of the proposed amendment;

(c) if the notice is about an amendment of the planning scheme but the proposed amendment is intended to apply only to part of the planning scheme area--a description of the land or area to which the proposed amendment is intended to apply;

(d) a contact telephone number for information about the proposed planning scheme;

(e) that the proposed planning scheme is available for inspection and purchase;

(f) that written submissions about any aspect of the proposed planning scheme may be made to the local government by any person;

(g) the period (the consultation period) during which the submissions may be made;

(h) the requirements for making a properly made submission under this part.

(2) The consultation period--

(a) for a proposed planning scheme--must extend for at least 60 business days after the first publication of the notice under subsection (1); and

(b) for a proposed amendment of a planning scheme--must extend for at least 30 business days after the first publication of the notice under subsection (1).

(3) For all of the consultation period, the local government must display a copy of the notice in a conspicuous place in the local government's public office.

For all of the consultation period, the local government must have a copy of the proposed planning scheme available for inspection and purchase.

The local government must consider every properly made submission about the proposed planning scheme.

Sections 12, 13 and 14 state the minimum requirements for consultation with the public about the proposed planning scheme, but are not intended to prevent additional consultation.

(1) After considering every properly made submission, the local government must decide whether to--

(a) proceed with the proposed planning scheme as notified; or

(b) proceed with the proposed planning scheme with modifications; or

(c) not proceed with the proposed planning scheme.

(2) If the local government decides to proceed with the proposed planning scheme with modifications and is satisfied the modifications make the proposed planning scheme significantly different from the proposed planning scheme as notified, it must recommence the process outlined in this schedule from section 12.

(1) This section applies if the local government receives any properly made submissions about the proposed planning scheme and proceeds under section 16(1)(a) or (b).

(2) The local government must prepare a report explaining in general terms how it has dealt with the submissions received and give to the principal submitter of each properly made submission--

(a) a copy of the report; or

(b) a copy of the part of the report relating to the matter about which the submission was made.

(1) If the local government decides to proceed with the proposed planning scheme without modifications, the local government must advise the Minister it is proceeding with the proposed planning scheme without modifications.

(2) If the local government decides to proceed with the proposed planning scheme with modifications, the local government must--

(a) advise the Minister it is proceeding with the proposed planning scheme with modifications; and

(b) tell the Minister what the modifications are; and

(c) give the Minister a copy of the proposed planning scheme with the modifications included; and

(d) give the Minister any other information the Minister requests about the proposed planning scheme including, for example, any submissions the local government has received about the proposed planning scheme.

(3) After receiving advice under subsection (1) or (2) and any information given under subsection (2)(d), the Minister must consider whether or not State interests would be adversely affected by the proposed planning scheme.

(4) The Minister must advise the local government, having regard to the Minister's consideration under subsection (3)--

(a) that it may adopt the proposed planning scheme; or

(b) that it may adopt the proposed planning scheme, but subject to compliance with conditions the Minister may impose about the content of the proposed planning scheme.

(5) Subsection (5A) applies if the Minister--

(a) advises the local government under subsection (4); and

(b) is satisfied each of the following are appropriately reflected in the proposed planning scheme--

(i) State planning policies, or parts of State planning policies;

(ii) if the local government is in a designated region--the region's regional plan.

(5A) The Minister must also advise the local government that he or she is satisfied under subsection (5)(b).

(6) For a proposed amendment of a planning scheme, the Minister may, instead of advising the local government under subsection (4), advise the local government that, having regard to the Minister's consideration under subsection (3), it may not proceed further with the amendment.

(7) Before adopting the proposed planning scheme, the local government must--

(a) comply with any condition about the content of the proposed planning scheme imposed by the Minister under subsection (4)(b); and

(b) subject to any conditions mentioned in paragraph (a), incorporate in the proposed planning scheme the modifications mentioned in subsection (2); and

(c) state in the proposed planning scheme details of the advice given by the Minister under subsection (5A).

(1) If a local government proposes a planning scheme under section 9(1)(a) or 9(2), the local government must--

(a) if the local government has complied with any of the provisions of part 2 the local government must comply with for making a proposed planning scheme--adopt the proposed planning scheme; or

(b) decide not to proceed with the proposed planning scheme.

(2) If the local government decides not to proceed with the proposed planning scheme, it must, as soon as practicable after making the decision publish, at least once in both a newspaper circulating generally in the local government's area and in the gazette, a notice stating--

(a) the name of the local government; and

(b) that the local government has decided not to proceed with the proposed planning scheme; and

(c) the reasons for the decision.

(3) On the day the local government publishes the notice (or as soon as practicable after the day), the local government must give the chief executive a copy of the notice.

As soon as practicable after the planning scheme has been adopted, the local government must publish, at least once in both a newspaper circulating generally in the local government's area and in the gazette, a notice stating the following--

(a) the name of the local government;

(b) when the planning scheme was adopted;

(c) if the notice is about an amendment of the planning scheme--the purpose and general effect of the amendment;

(d) that a copy of the planning scheme is available for inspection and purchase.

On the day the local government publishes the notice (or as soon as practicable after the day), the local government must give the chief executive--

(a) a copy of the notice; and

(b) 5 certified copies of the planning scheme in the form mentioned in section 5.9.9(1)(d).