STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - As at 1 July 2019 - Act 55 of 1971
- As at 1 July 2019
- Act 55 of 1971
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - ADMINISTRATION
Division 1 - Coordinator-General and Deputy Coordinator-General
- 3 Administration of Act
- 4 Appointment of Coordinator-General
- 5 Appointment of Deputy Coordinator-General
- 6 Tenure of appointment under ss 4 and 5
- 7 Termination of appointment under ss 4 and 5
- 7A Appointment of acting Deputy Coordinator-General
Division 2 - Incorporation of Coordinator-General and functions
- 8 Incorporation of Coordinator-General
- 9 Coordinator-General represents Crown
- 10 Functions of Coordinator-General
- 11 Power of delegation
- 12 Power to hold inquiry
- 13 Cooperation with Coordinator-General
- 14 Appointment of persons to help Coordinator-General
Division 3 - Officers and workers of Coordinator-General
- 15 Appointment of workers
- 16 Services of technical advisers
PART 3 - PROGRAM OF WORKS
- 17 Program of works
- 18 Selection of works for program of works and their performance
- 19 Submission of program of works to Governor in Council
- 20 Alterations to approved program of works
- 21 Implementation of program of works as approved
- 22 Local body’s application for assistance examined by Coordinator-General
- 23 Objectives of comprehensive program of works
PART 4 - ENVIRONMENTAL COORDINATION
Division 1 - Preliminary
Division 1A - Coordinator-General’s costs of environmental coordination process
- 25A Fees for pt 4
- 25AA Coordinator-General may waive or reduce fee
- 25B Recovering the cost of advice or services for environmental coordination
Division 2 - Coordinated project
Subdivision 1 - Power to declare coordinated project
- 26 Declaration of coordinated project
- 27 Matters Coordinator-General considers before making declaration
Subdivision 2 - Applying for and obtaining coordinated project declaration
- 27AA Who may apply
- 27AB Requirements for application
- 27ABA Coordinator-General may refuse to receive or process application for declaration
- 27AC Deciding application
Subdivision 3 - Miscellaneous provisions
- 27AD Application of Judicial Review Act 1991
- 27AE Notice of change of proponent, contact details or registered office
- 27AF Cancellation of declaration
- 27A Lapsing of declaration if EIS required
- 27B Lapsing of declaration if IAR required
- 28 Application of divs 3–8
Division 3 - Assessment process
Subdivision 1 - EIS process
- 29A Application of sdiv 1
- 29 Notice of requirement for EIS and of draft terms of reference
29Q. (Repealed)
- 30 Finalising terms of reference
- 31 Coordinator-General may seek information to assist preparation of EIS
- 32 Preparation of draft EIS
- 33 Public notification of draft EIS
- 34 Making submissions on draft EIS
- 34A Coordinator-General decides whether to accept draft EIS as final EIS
- 34B Giving notice of decision
- 34C Requirement to give additional information
- 34D Report evaluating EIS
Subdivision 2 - IAR process
- 34E Application of sdiv 2
- 34F Notice of requirement for IAR
- 34G Preparation of draft IAR
- 34H Public notification of draft IAR
- 34I Coordinator-General decides whether to accept draft IAR as final IAR
- 34J Giving notice of decision
- 34K Requirement to provide additional information
- 34L Report evaluating IAR
35. (Repealed)
Subdivision 3 - Amendment and lapsing of Coordinator-General’s report
- 35AA Amendment of Coordinator-General’s report
- 35A Lapsing of Coordinator-General’s report
Division 3A - Changes to project
Subdivision 1 - Assessment of changes to project or conditions of project on proponent’s application
- 35B Application of sdiv 1
- 35C Application for evaluation of environmental effects of proposed change
35D. (Repealed)
- 35E Requirements for application
- 35F Coordinator-General may seek comments or information
- 35G Public notice
- 35H Criteria for evaluating proposed change
- 35I Coordinator-General’s change report
- 35J Distribution of Coordinator-General’s change report
- 35K Relationship with Coordinator-General’s report
- 35KA Amendment of Coordinator-General’s change report
- 35L Lapsing of Coordinator-General’s change report
Subdivision 2 - Assessment of changes to project on Coordinator-General’s own initiative
- 35M Application of sdiv 2
- 35N Procedure for making assessment
Division 4 - Relationship with Planning Act
Subdivision 1 - Development approvals
- 36 Application of sdiv 1
- 37 Applications for material change of use or requiring impact assessment
37A. (Repealed)
- 38 When decision-making period for relevant application starts
- 39 Application of Coordinator-General’s report to assessment of relevant application under Planning Act
- 40 Decision maker to be given copy of Coordinator-General’s report
40A. (Repealed)
40B. (Repealed)
- 41 Referral agencies for conditions of development approvals
42. (Repealed)
- 42A Application of Coordinator-General’s change report to assessment of relevant application under Planning Act
Subdivision 2 - Designation of premises under Planning Act for development of infrastructure
- 43 Application of Coordinator-General’s report to designation
Division 5 - Relationship with Mineral Resources Act
- 44 Application of div 5
- 45 Application of Coordinator-General’s report to proposed mining lease
- 46 Coordinator-General’s conditions override other conditions
47. (Repealed)
- 47A Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
Division 6 - Relationship with Environmental Protection Act
- 47B Application of div 6
- 47C Application of Coordinator-General’s report to environmental authority
47D. (Repealed)
48. (Repealed)
49. (Repealed)
- 49A Application of div 6A
- 49B Application of Coordinator-General’s report to lease or licence
- 49C Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
- 49D Application of div 6B
- 49E Application of Coordinator-General’s report to proposed lease
- 49F Application of div 6C
- 49G Application of Coordinator-General’s report to proposed lease
Division 7 - Relationship with other legislation
- 50 Application of div 7
- 51 EIS under this part is EIS for other Act
- 52 Application of Coordinator-General’s report to other approval process
- 53 Person approving project to be given copy of Coordinator-General’s report
- 54 Coordinator-General’s report must be taken into consideration
Division 8 - Application of Coordinator-General’s report if no relevant approval
PART 4A - ASSESSMENT AND APPROVAL OF PARTICULAR COORDINATED PROJECTS UNDER BILATERAL AGREEMENT
Division 1 - Preliminary
Division 2 - Coordinated projects to be assessed under this part
- 54J Declaration for coordinated project for this part
- 54K Application for declaration
- 54L Deciding application
- 54M Cancellation of declaration
- 54N Lapsing of declaration
Division 3 - Assessment and approval process
- 54O Application of div 3
- 54P Preparation of draft protected matters report
- 54Q Public notification of draft protected matters report
- 54R Proponent must finalise protected matters report after public notification
- 54S Coordinator-General may seek further information or comments
- 54T Decision about approving undertaking of coordinated project
- 54U Conditions
- 54V Jurisdiction for conditions
- 54W Criteria for decision
- 54X Notice of decision
- 54Y Issuing environmental approval
Division 4 - Amendment of environmental approval
- 54Z Application for amendment
- 54ZA Coordinator-General may seek further information or comments
- 54ZB Public notification of amendment application
- 54ZC Deciding amendment application
- 54ZD Notice of decision
- 54ZE Issuing amended environmental approval
Division 5 - Cancelling or suspending environmental approval
- 54ZF Cancellation or suspension at proponent’s request
- 54ZG Cancellation or suspension for grounds including contravention or unforeseen significant impact
- 54ZH Notice of proposed cancellation or suspension
- 54ZI Notice of cancellation or suspension decision
- 54ZJ Issuing amended environmental approval
- 54ZJA Request to reinstate cancelled or suspended environmental approval
- 54ZJB Coordinator-General may request information about reinstatement request
- 54ZJC Deciding reinstatement request
Division 6 - Offences and compliance
- 54ZK Failure to comply with environmental approval or conditions
- 54ZL Compliance under Environmental Protection Act
- 54ZM Declarations
Division 7 - Miscellaneous
- 54ZN Fees for pt 4A
- 54ZO Recovering the cost of advice or services for assessment
PART 5 - PRESCRIBED DEVELOPMENT
Division 1 - Declaration of prescribed development
- 55 Investigation of developments of State significance
- 56 Effect of investigation on local bodies
- 57 Declaration of prescribed developments
- 58 Notification of decision
Division 2 - Infrastructure coordination plans
- 59 Preparation of plans
- 60 Approval of infrastructure coordination plan
- 61 Variation of approved plan
- 62 Effect of approved plan
- 63 Local bodies may make and perform agreements etc.
- 64 Agreements to be furnished to Coordinator-General
- 65 Approval of agreements
- 66 Variation of approved agreement
Division 3 - Applications relating to prescribed development
- 67 Referral of applications
- 68 Remission of applications
- 69 Applications remaining with Coordinator-General
- 70 Advertisement calling for submissions
- 71 Determination of application
- 72 Effect of determination
- 73 Effect of reference on time limitations
- 74 Prescribed development to await approval
- 75 Withdrawal of applications
Division 4 - Information concerning development
- 76 Coordinator-General may obtain information
PART 5A - PRESCRIBED PROJECTS
Division 1 - Preliminary
- 76A Purposes of pt 5A
- 76B How the purposes are to be primarily achieved
- 76C Application of other laws
- 76D Definitions for pt 5A
Division 2 - Declaration of prescribed projects, duty to cooperate and requesting further information
- 76E Declaration of prescribed project
- 76EA Process applying to particular declarations
- 76F When declaration ends
- 76G Particular entities to cooperate with Coordinator-General
- 76H Coordinator-General may seek further information
Division 3 - Notices about prescribed projects
Subdivision 1 - Progression notice
- 76I Progression notice
Subdivision 2 - Notice to decide
- 76J Notice to decide
Subdivision 3 - Step in notice
- 76K Step in notice
- 76L When step in notice may be given
- 76M Providing assistance or recommendations
- 76N Effects of step in notice
- 76O Coordinator-General’s decision
- 76P Effects of decision
- 76Q Notice of decision
- 76R Report about decision
Division 4 - Voluntary environmental agreements
- 76S Entering into agreement
- 76T Content and duration of agreement
- 76U Recording of particular agreements
Division 5 - Other matters
PART 6 - PLANNED DEVELOPMENT
Division 1 - State development areas
- 77 Declaration of State development areas, variation and termination thereof
- 78 Procedure in relation to State development areas
- 79 Preparation of development scheme
- 79A Content of approved development scheme
- 80 Approval, implementation, and variation of development scheme
- 81 Abrogation of development scheme
- 82 Acquisition of land in State development area
- 83 Disposal of land in State development area
- 84 Development under approved development scheme
84AA. (Repealed)
84AB. (Repealed)
- 84A Carrying out SDA assessable development without SDA approval
- 84B SDA self-assessable development must comply with approved development scheme
- 84C Compliance with SDA approval
- 84D How to make SDA application
- 84E Deciding SDA application
- 84F Application to change SDA approval
- 84G Duration of SDA approval
- 84H When SDA approval lapses
- 85 Carrying out particular development, use or works not an offence
Division 2 - Compensation
Subdivision 1 - Preliminary
- 86 Definition for div 2
Subdivision 2 - Entitlement to compensation
- 87 Compensation
- 88 Limitations on compensation under s 87
Subdivision 3 - Claims for, and payment of, compensation
- 89 Time limit for claiming compensation
- 90 Deciding claims for compensation
- 91 Notification of decision
- 92 Calculating reasonable compensation involving changes
- 93 When compensation is payable
- 94 Payment of compensation to be recorded on title
Subdivision 4 - Appeals
- 95 Appeals against decisions on compensation claims
- 96 How appeals are started
- 97 Hearing procedures
- 98 Appeal decision
Division 3 - Undertaking of works by local bodies or approved persons
- 99 Recommendation of certain works
- 100 Approval of certain works
- 101 Time limited for works
101A. (Repealed)
- 102 Direction to be complied with
- 103 Borrowing of money for works
- 104 Procedure on local body’s or approved person’s default
- 105 Borrowing to facilitate remedy of default
- 106 Liability for costs of work to remedy default
- 107 Power to order postponement of works
Division 4 - Undertaking of works by Coordinator-General
- 108 Recommendation of particular works
- 109 Direction about particular works
- 110 Undertaking particular works
- 111 Delegation of authority of Coordinator-General
- 112 Borrowing of money for works
Division 5 - (Repealed)
Division 6 - Special powers incidental to planned development
- 125 Power of Coordinator-General to take land
- 125A Power of Coordinator-General to take public utility easement
126. (Repealed)
- 127 Relationship with native title legislation
- 128 Vesting of land taken
- 129 Power to use, lease or dispose of land
- 130 Payment of costs of taking land and compensation
- 131 Power of Governor in Council to alienate land to Coordinator-General
- 132 Disposal of land not required for purpose of acquisition
- 133 Proof of requirement of land
- 134 Power of Coordinator-General to negotiate transfer of works undertaken by the Coordinator-General
- 135 Undertaking private works
- 136 Powers in respect of land for purposes of works
- 137 Offences of interference and wilful obstruction
- 138 Powers in respect of water for purposes of works
- 139 Compensation for exercise of power under ss 136 and 138
- 140 Powers in respect of particular works on foreshore and under waters
Division 6A - (Repealed)
Division 7 - Infrastructure facilities
Subdivision 1 - Investigating potential infrastructure facility
- 141 Purpose of sdiv 1
- 142 Definitions for sdiv 1
- 143 How to apply for investigator’s authority
- 144 Additional information about application
- 145 Granting authority
- 146 Investigator’s authority
- 147 What investigator must do before land is entered for the first time
- 148 Investigator to issue associated person with identification
- 149 Pretending to be an investigator etc.
- 150 Investigator to take care in acting under authority
- 151 Rectification of damage by investigator
- 152 Compensation payable by investigator
- 153 Release of bond or security deposit
Subdivision 2 - Requirements for Coordinator-General to take land for private infrastructure facility
- 153AA Application for approval of project as a private infrastructure facility and for Coordinator-General to take land
- 153AB Coordinator-General to seek submissions and undertake consultation
- 153AC Criteria for approval of project
- 153AD Roles of Governor in Council and Coordinator-General for decision about approval of project
- 153AE Final negotiations with owner of land
- 153AF Expiry of approval and extension of expiry day
- 153AG Amendment or revocation of approval
Subdivision 3 - Taking land for private infrastructure facility
- 153AH Requirements about taking land for private infrastructure facility
Subdivision 4 - Fees and cost of advice or services
- 153AI Application of sdiv 4
- 153AJ Fees
- 153AK Recovering cost of advice or services
Division 8 - Easements for critical infrastructure projects
- 153A Definitions for div 8
- 153B Registration of critical infrastructure easement
- 153C Terms of easement
- 153D Effect of registration of easement
- 153E Transfer of easement
- 153F Amendment of easement
- 153G Minister to give notice of registration or amendment
- 153H Application of particular provisions
- 153I Compensation
- 153J Delegation of Minister’s functions under div 8
PART 7 - FINANCE PROVISIONS
- 154 Expenses of works
- 155 Expenditure generally on work by Coordinator-General
- 156 Subsidies or Treasury loans for works
- 157 The Coordinator-General is a statutory body
PART 7A - ENFORCEMENT AND GENERAL OFFENCES
Division 1 - Enforcement notices
Subdivision 1 - Giving enforcement notice
- 157A What is an enforceable condition
- 157B Power to give enforcement notice
- 157C Requirements for enforcement notice
Subdivision 2 - Appeals
- 157D Right of appeal
- 157E Stay only by application
Subdivision 3 - Effects of enforcement notice
- 157F Offence to contravene enforcement notice
- 157G Notice of disposal by recipient of any current enforcement notice
- 157H Additional consequence of not giving notice of disposal
Division 2 - Enforcement orders
- 157I Starting proceeding for enforcement order
- 157J Making interim enforcement order
- 157K Making enforcement order
- 157L Effect of enforcement order
- 157M Powers about enforcement orders
- 157N Offence to contravene enforcement order
Division 3 - General offences
- 157O Giving Coordinator-General a false or misleading document
- 157OA Coordinator-General may require relevant information
- 157P Executive officer must ensure corporation does not commit particular offences
Division 4 - Proceedings for offences
- 157Q Types of offence under Act
- 157R Who may bring summary proceeding
PART 8 - MISCELLANEOUS PROVISIONS
Division 1 - Specific powers and functions of Coordinator-General
- 158 Power to contract
- 159 Power to compound
- 160 Power to obtain material from watercourse
- 160A Powers for watercourse crossings
- 160B Compensation for exercise of power under s 160A
- 161 Power as to roads
- 161A Vesting land comprised in permanently closed road or unallocated State land
- 161B Giving information about roads to relevant local government
- 162 Power to exclude or divert traffic
- 163 Power to manage reserves and other lands
- 164 Power to encroach upon roads and lands for purposes of works
- 165 Duty to take care at worksites and power to prevent traffic
Division 2 - Provisions concerning legal liability of Coordinator-General
- 166 Service on Coordinator-General
- 167 Limited liability of Coordinator-General for injury to person or property
- 168 Personal injury action adjudicated by judge alone
- 169 Officers and workers not personally liable
170. (Repealed)
Division 3 - Facilitation of execution of Act
- 171 Publication of document or information by Coordinator-General
- 172 Mode of service
- 173 Regulation-making power
- 174 Power of Coordinator-General to make guidelines
- 175 Approved forms
Division 4 - Other miscellaneous provisions
- 175A EIS must not, under particular other Acts, be required for PNG pipeline project
PART 9 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provision for State Development and Public Works Organisation Amendment Act 1999
- 176 Studies being prepared are taken to be EISs for this part
Division 2 - Transitional provisions for State Development and Public Works Organisation and Other Legislation Amendment Act 2005
- 177 Existing approvals for the use of land in State development area
- 178 Conditions for north-south bypass tunnel project
Division 3 - Transitional provisions for amendments under Revenue and Other Legislation Amendment Act (No. 2) 2008
- 179 Meaning of commencement for div 3
- 180 Existing evaluation requests under pt 4, div 3A
- 181 Fees
- 182 Enforcement notices and orders
- 183 Definition for div 4
- 184 Application of div 4
- 185 Requirement for Coordinator-General to advise registrar of titles
- 186 Dealing with acquisition land
187. (Repealed)
Division 6 - Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014
- 195 Particular coordinated projects publicly notified under pt 4
Division 7 - Transitional provisions for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
- 196 Definitions for div 7
- 197 Particular existing coordinated projects
- 198 Existing approved development schemes
- 199 Existing applications for approval for use of land in a State development area
- 200 Existing approvals for use of land in a State development area
- 201 Existing private infrastructure facility application
- 202 Pre-amended Act continues to apply for particular mining leases
- 203 Existing development application under repealed Sustainable Planning Act 2009
Schedule 1 (Repealed)
Schedule 1A (Repealed)
