Queensland Consolidated Acts

URBAN LAND DEVELOPMENT AUTHORITY ACT 2007

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act and their achievement
   4.      Act binds all persons

           Division 2--Interpretation

   5.      Definitions
   6.      Development and its types

           Part 2--Urban development areas

           Division 1--Declaration and revocation of urban development areas

   7.      Declaration
   8.      Interim land use plan required
   9.      Expiry of interim land use plan
   10.     Tabling and inspection of documents adopted in declaration regulation
   11.     Revocation or reduction of urban development area
   12.     Interim local laws

           Division 2--Relationship with Sustainable Planning Act
           Subdivision 1--Provisions about the declaration of urban development areas

   13.     Existing SPA development applications
   14.     Existing SPA development approvals
   14A.    Special provision for Northshore Hamilton urban development area
   15.     Community infrastructure designations
           Subdivision 2--Provisions about the cessation of urban development areas
   16.     Conversion of UDA development approval to SPA development approval
   17.     Outstanding UDA development applications
   18.     Provisions for converted SPA development approval
   19.     Lawful uses in urban development area

           Division 3--Relationship with particular Acts about local government

   20.     Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009

           Part 3--Development schemes

           Division 1--Making development schemes

   21.     Application of div 1
   22.     Development scheme required
   23.     Content of development scheme
   24.     Preparation of proposed development scheme
   25.     Public notification
   26.     Submissions on proposed scheme
   27.     Consideration of submissions
   28.     Amendment of proposed scheme
   29.     Initial making and submission of scheme
   30.     Notice of submitted scheme
   31.     Ministerial power to amend submitted scheme
   32.     Direction to authority to engage again in public notification and submissions
   33.     When proposed scheme takes effect
   34.     Notice of development scheme

           Division 2--Amendment of development schemes
           Subdivision 1--Amendment by Minister

   35.     Power to amend at authority's request
   36.     When amendment takes effect
   37.     Notice of amendment
           Subdivision 2--Amendment by authority
   38.     Division 1 process applies
           Subdivision 3--Tabling and inspection of development schemes
   39.     Tabling and inspection requirement

           Division 3--Miscellaneous provision

   40.     Development scheme prevails over particular instruments

           Part 4--Development and uses in urban development areas

           Division 1--UDA development offences

   41.     Application of div 1
   42.     Carrying out UDA assessable development without UDA development permit
   43.     UDA self-assessable development must comply with development scheme
   44.     Compliance with UDA development approval
   45.     Offence about use of premises

           Division 2--Protection of particular uses and rights

   46.     Exemption for particular SPA development approvals and community infrastructure designations
   47.     Lawful uses of premises protected
   48.     Lawfully constructed buildings and works protected
   49.     Amendment of development scheme does not affect existing SPA or UDA development approval
   50.     Development or use carried out in emergency

           Division 3--UDA development applications
           Subdivision 1--Making application

   51.     How to make application
   51A.    Development involving a State resource
           Subdivision 2--Processing application
   52.     Application of sdiv 2
   53.     Information requests to applicant
   54.     Notice of application
   55.     Deciding application generally
   56.     Restrictions on granting approval
   57.     Matters to be considered in making decision
   58.     UDA development conditions
   59.     Decision notice
   60.     Restriction on giving decision notice if authority has a financial interest
           Subdivision 3--Appeals
   61.     Right of appeal against particular conditions
           Subdivision 4--Ministerial call in
   62.     Application of sdiv 4
   63.     Minister's power to call in
   64.     Call in ends decision, approval and any appeal
   65.     Notice of call in
   66.     Minister must re-decide application
           Subdivision 5--Miscellaneous provisions
   67.     Approved material change of use required for particular developments
   68.     Changing application
   69.     Withdrawing application

           Division 4--UDA development approvals
           Subdivision 1--General provisions

   70.     Types of UDA development approvals
   71.     Duration of approval
   72.     Approval attaches to the relevant land
   73.     Provision for enforcement of UDA development conditions
           Subdivision 2--Cancellations and changes
   74.     Cancellation
   75.     Application to change UDA development approval
           Subdivision 3--Lapsing
   76.     When approval lapses generally
   77.     Application to extend currency period
   78.     Deciding extension application

           Division 5--Miscellaneous provisions

   79.     Restriction on particular land covenants
   80.     Plans of subdivision

           Part 5--Proceedings and related matters

           Division 1--Enforcement proceedings in Planning and Environment Court

   81.     Starting proceeding for enforcement order
   82.     Making interim enforcement order
   83.     Making enforcement order
   84.     Effect of enforcement order
   85.     Powers about enforcement orders
   86.     Offence to contravene enforcement order

           Division 2--Proceedings for offences

   87.     Proceedings for offences
   88.     Limitation on time for starting proceeding for summary offence
   89.     Orders Magistrates Court may make in offence proceeding
   90.     Offence to contravene Magistrates Court order

           Division 3--Miscellaneous provisions

   91.     Authority's power to remedy stated public nuisance
   92.     Planning and Environment Court may make declarations

           Part 6--Urban Land Development Authority

           Division 1--Establishment

   93.     Establishment of authority
   94.     Authority represents the State
   95.     Application of other Acts

           Division 2--Authority's functions and powers

   96.     Main function and its achievement
   97.     General powers
   98.     Conditional disposal of land
   99.     Roads and road closures
   100.    Power to vest land in permanently closed road or unallocated State land in urban development areas
   101.    Special rates or charges
   102.    Application of special rate or charge
   103.    Application of local government entry powers for authority's functions or powers
   104.    By-laws

           Division 3--Membership of authority

   105.    Members
   105A.   Chairperson and deputy chairperson
   106.    Eligibility for appointment
   107.    Duration of appointment
   108.    Terms and conditions of appointment
   109.    Resignation
   110.    Termination of appointment
   111.    Disclosure of interests
   112.    Protection of members from civil liability

           Division 4--Meetings and other business of authority

   113.    Conduct of business
   114.    Times and places of meetings
   115.    Quorum
   116.    Presiding at meetings
   117.    Conduct of meetings
   118.    Decisions outside meetings
   119.    Minutes and record of decisions

           Division 5--Staff of authority

   120.    Chief executive officer
   121.    Preservation of rights of chief executive officer
   122.    Other staff

           Division 6--Identity cards for particular employees and agents

   123.    Issue of identity card
   124.    Production or display of identity card
   125.    Return of identity card

           Division 7--Miscellaneous provisions

   126.    Report about person's criminal history for particular appointments
   127.    Recovery of special rate or charge
   128.    Application fees
   129.    Giving information about roads to relevant local government
   130.    Ministerial directions or guidelines to the authority
   131.    Ministerial access to information
   132.    Registers
   133.    Access to registers
   134.    Annual report
   135.    Privacy
   136.    Delegations

           Part 6A--Infrastructure agreements

   136A.   Application of pt 6A
   136B.   Exercise of discretion unaffected by infrastructure agreements
   136C.   Infrastructure agreements prevail if inconsistent with UDA development approval
   136D.   Infrastructure agreement continues beyond cessation of urban development area
   136E.   Consultation with public sector entities before entering into particular infrastructure agreements

           Part 7--Miscellaneous provisions

           Division 1--Directions by Governor in Council

   137.    Direction to government entity or local government to accept transfer
   138.    Direction to government entity or local government to provide or maintain infrastructure

           Division 2--Other miscellaneous provisions

   139.    Exchange of documents and information with other entities with planning or registration functions
   140.    Executive officer must ensure corporation does not commit particular offences
   141.    Giving authority a false or misleading document
   142.    Evidentiary aids
   143.    Application of provisions
   144.    Review of Act
   145.    Approved forms
   146.    Regulation-making power

           Part 8--Transitional provisions

           Division 1--Transitional provision for Sustainable Planning Act 2009

   147.    Application of s 13

           Division 2--Transitional provision for Building and Other Legislation Amendment Act 2010

   148.    Application of s 80
           SCHEDULE -- DICTIONARY
           Endnotes