QUEENSLAND RECONSTRUCTION AUTHORITY ACT 2011 - As at 1 February 2024 - Act 1 of 2011
- As at 1 February 2024 - Act 1 of 2011Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Main purpose of Act
- 3 How main purpose is primarily achieved
- 4 Act binds all persons
Division 2 - Interpretation
- 5 Definitions 6. (Repealed)
PART 2 - QUEENSLAND RECONSTRUCTION AUTHORITY
Division 1 - Establishment
Division 2 - Functions and powers
Division 3 - Membership of the authority
- 13 Membership of authority
Division 4 - Staff of the authority
Subdivision 1 - Chief executive officer- 14 Chief executive officer
- 15 Restriction on appointment
- 16 Chief executive officer employed under this Act
- 17 Term of office
- 18 Functions and powers of chief executive officer
- 19 Chief executive officer not to engage in other paid employment
- 20 Conditions of appointment
- 21 Vacancy in office of chief executive officer
- 22 Preservation of rights of chief executive officer
- 23 Acting chief executive officer Subdivision 2 - Appointment of persons to help chief executive officer
- 24 Appointment
- 25 Preservation of rights of persons appointed under s 24 Subdivision 3 - Other staff
- 26 Authority staff
- 27 Alternative staffing arrangements
PART 3 - QUEENSLAND RECONSTRUCTION BOARD
Division 1 - Establishment and functions
Division 2 - Members
- 30 Membership of board
- 31 Term of office
- 32 Conditions of appointment
- 33 Vacancy in office of member
Division 3 - Chairperson
- 34 Role of chairperson
Division 4 - Proceedings of the board
- 35 Time and place of meetings
- 36 Quorum
- 37 Presiding at meetings
- 38 Conduct of meetings
- 39 Minutes and other records
Division 5 - Disclosure of conflict of interests and reporting requirements
PART 4 - DECLARATIONS ABOUT DECLARED PROJECTS, RECONSTRUCTION AREAS AND CRITICAL INFRASTRUCTURE PROJECTS
Division 1 - Declarations
- 42 Declaration of declared project
- 43 Declaration of reconstruction area
- 44 Notice about declaration of acquisition land
- 45 Declaration of critical infrastructure project
Division 2 - Relationship with particular Acts about local government
- 46 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009
PART 5 - PARTICULAR POWERS FOR DECLARED PROJECTS AND DEVELOPMENT IN RECONSTRUCTION AREAS
Division 1 - Preliminary
- 47 Definitions for pt 5
- 48 Application of laws
Division 2 - Notices about declared projects and development in reconstruction areas
Subdivision 1 - Progression notice- 49 Progression notice Subdivision 2 - Notice to decide
- 50 Notice to decide Subdivision 3 - Step-in notice
- 51 Step-in notice
- 52 When step-in notice may be given
- 53 Providing assistance or recommendations
- 54 Effects of step-in notice
- 55 Authority’s decision
- 56 Effects of decision
- 57 Notice of decision
- 58 Report about decision
Division 3 - Other matters
- 59 Recovering cost of advice or services
- 60 No requirement to consult on particular actions
- 61 Application of Judicial Review Act 1991
PART 6 - DEVELOPMENT SCHEMES
Division 1 - Making development schemes
- 62 Authority may make development scheme
- 63 Content of development scheme
- 64 Development scheme may make provision for particular assessable development
- 65 Preparation of proposed development scheme
- 66 Public notification
- 67 Submissions on proposed scheme
- 68 Consideration of submissions
- 69 Amendment of proposed scheme
- 70 Initial making and submission of scheme
- 71 Notice of submitted scheme
- 72 Ministerial power to amend submitted scheme at affected owner’s request
- 73 Direction to authority to engage again in public notification and submissions
- 74 When proposed scheme takes effect
- 75 Notice of development scheme
Division 2 - Amendment, tabling and inspection of development schemes
Division 3 - Effect of development scheme on other instruments
- 78 Relationship with other instruments
Division 4 - Relationship with Planning Act
Subdivision 1 - Preliminary- 79 Application of sdivs 2 and 3 Subdivision 2 - Assessing relevant applications
- 80 Assessment of development applications
- 81 Assessment of change applications Subdivision 3 - Deciding relevant applications
- 82 Restriction on approving relevant application 83. (Repealed) Subdivision 4 - (Repealed) Subdivision 5 - Existing uses
- 89 Lawful use of premises protected
- 90 Lawfully constructed buildings and work protected
- 91 New instruments can not affect existing development approval
- 92 Minister’s power to amend development approval Subdivision 6 - Designations of premises under Planning Act for development of infrastructure
- 93 Designation of premises—development scheme 94. (Repealed) Subdivision 7 - Miscellaneous provision
- 95 Planning and Environment Court may make declarations
PART 7 - UNDERTAKING WORKS, TAKING LAND, DEALING WITH ROADS AND APPLICATION OF PARTICULAR LAWS
Division 1 - Provisions about undertaking works
- 96 Direction for authority to undertake works
- 97 Application of State Development Act for transfer of authorised works
- 98 Application of State Development Act for works on foreshore or under waters
Division 2 - Provisions about taking land and entry to land
- 99 Authority’s power to take land
- 100 When authority or local government must take land
- 101 Authority’s power to take public utility easement
- 102 Vesting of land taken
- 103 Power to use, lease or dispose of land
- 104 Application of other provisions of the State Development Act about the taking of land
- 105 Application of provisions of the State Development Act about entry to land
Division 3 - Dealing with roads
- 106 Roads and road closures
- 107 Power to vest land in permanently closed road or unallocated State land in reconstruction areas
- 108 Giving information about roads to relevant local government
Division 4 - Application of other laws
PART 8 - DIRECTION TO TAKE ACTION ABOUT LOCAL PLANNING INSTRUMENTS
- 111 Procedures before exercising particular power
- 112 Power of Minister to direct local government to take particular action about local planning instrument
- 113 Power of Minister if local government does not comply with direction
- 114 Minister to give notice of direction
PART 9 - GENERAL OFFENCE PROVISIONS AND LEGAL PROCEEDINGS
Division 1 - Offences
- 115 Duty to act honestly
- 116 Disclosure of information
- 117 False or misleading information
- 118 False or misleading documents
- 119 Obstructing authorised person
Division 2 - Legal proceedings
Subdivision 1 - Evidence- 120 Application of sdiv 1
- 121 Appointments and authority
- 122 Signatures
- 123 Other evidentiary aids Subdivision 2 - Offence proceedings
- 124 Summary offences
- 125 Limitation on time for starting proceeding for summary offence
PART 10 - MISCELLANEOUS PROVISIONS
Division 1 - Duty to cooperate and requesting information
- 126 Extension of duty to cooperate under State Development Act, s 13
- 127 Information requirement made by authority—general
- 128 Information requirement made by authority—prescribed decisions
- 129 Giving of information protected
- 130 Interaction with other laws
Division 2 - (Repealed)
Division 3 - Other miscellaneous provisions
- 132 Delegations
- 133 Protecting officials from liability
- 134 Ministerial access to information
- 135 Authority’s guidelines
- 136 Application of provisions
- 137 Approved forms
- 138 Regulation-making power
PART 11 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016
- 139 Definitions for part
- 140 Existing particular development applications
- 141 Existing particular requests for compliance assessment