STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971

Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
2. Definitions

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

Division 2--Incorporation of Coordinator-General and functions

8. Incorporation of Coordinator-General
9. Coordinator-General represents Crown
10. Functions and duties of Coordinator-General
11. Power of delegation
12. Power to hold inquiry
13. Cooperation with Coordinator-General
14. Appointment of persons to aid 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

24. Definitions for pt 4
25. Supervision of environment

Division 1A--Coordinator-General's costs of environmental coordination process

25A. Fees for pt 4
25B. Recovering the cost of advice or services for environmental coordination

Division 2--Significant project
Subdivision 1--Power to declare significant project

26. Declaration of significant project
27. Matters Coordinator-General considers before making declaration
Subdivision 2--Applying for and obtaining significant project declaration
27AA. Who may apply
27AB. Requirements for application
27AC. Deciding application
Subdivision 3--Miscellaneous provisions
27AD. Application of Judicial Review Act 1991
27A. Lapsing of declaration
28. Application of divs 3-6

Division 3--EIS process

29. Notice of requirement for EIS and of draft terms of reference
30. Finalising terms of reference
31. Coordinator-General may seek information to assist preparation of EIS
32. Preparation of EIS
33. Public notification of EIS
34. Making submissions on EIS
35. Coordinator-General evaluates EIS, submissions, other material and prepares report
35A. Lapsing of Coordinator-General's report

Division 3A--Changes to project

35B. Application of div 3A
35C. Application for evaluation of environmental effects of proposed change
35E. Requirements for application
35F. Coordinator-General may seek comments or information
35G. Public notice
35H. Criteria for evaluating
35I. Coordinator-General's change report
35J. Distribution of Coordinator-General's change report
35K. Relationship with Coordinator-General's report
35L. Lapsing of Coordinator-General's change report

Division 4--Relationship with Integrated Planning Act
Subdivision 1--Development approvals

36. Application of sdiv 1
37. Applications for material change of use or requiring impact assessment
37A. Applications for material change of use of premises in wild river areas
38. When the decision stage for the project starts under IDAS
39. Application of Coordinator-General's report to IDAS
40. Assessment manager to be given copy of Coordinator-General's report
41. Concurrence agencies for conditions of development approvals
42. Changing or cancelling a condition of a development approval
42A. Application of Coordinator-General's change report to IDAS
Subdivision 2--Community 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. Paramountcy of native title issues decision conditions
47A. Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)

Division 6--Relationship with Environmental Protection Act
Subdivision 1--Relationship for non-code compliant environmental authority (chapter 5A activities)

47B. Application of sdiv 1
47C. Application of Coordinator-General's report to environmental authority
Subdivision 2--Relationship for environmental authority (mining lease)
48. Application of sdiv 2
49. Application of Coordinator-General's report to environmental authority (mining lease)

Division 6A--Relationship with Petroleum and Gas (Production and Safety) Act 2004

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)

Division 6B--Relationship with Greenhouse Gas Storage Act 2009

49D. Application of div 6B
49E. 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

54A. Application of div 8
54B. Report may impose conditions
54C. Provision for what conditions may be imposed
54D. Effect of imposed conditions
54E. Imposed conditions override conditions of other approvals
54F. Provision about enforcement orders under the Integrated Planning Act
54G. Declaration-making powers

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

76V. Recovering cost of particular advice or services
76W. Application of Judicial Review Act 1991

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. 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. Use of land under approved development scheme
84A. When approval for the use of land in State development area lapses
85. Continued existing lawful use 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
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--Project boards

113. Project boards
114. Chairperson and deputy chairperson
115. Term of appointment of member of board
116. Termination of membership of board
117. Casual vacancies
118. Meetings of boards
119. Disclosure of interests
120. Fees of members of boards
121. Assistance by Coordinator-General to boards
122. Status, powers etc. of project board
123. Audit of project board's accounts
124. Project board is a statutory body

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. Ensuring reasonable steps are taken to acquire land by agreement
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 7--Investigating potential infrastructure facility

141. Purpose of div 7
142. Definitions for div 7
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

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
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 duties of Coordinator-General

158. Power to contract
159. Power to compound
160. Power to obtain material from watercourse
161. Power as to roads
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

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. Coordinator-General must make guidelines
175. Annual report

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 provisions 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
SCHEDULE 1 -- FEES FOR PART 4

Part 1--General provisions
1. Operation of sch 1
2. When the fees are payable
3. Amount of the fees
4. Access to adjusted amounts

Part 2--Table of fees
SCHEDULE 2 -- DICTIONARY
Endnotes

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]