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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Integrated Planning and Other
Legislation Amendment Bill
2006
Queensland
Integrated Planning and Other Legislation
Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Integrated Planning Act 1997
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2.1.2 (Area to which planning schemes apply) . 8
5 Replacement of s 2.1.8 (Consolidating planning schemes) . . . . . 8
2.1.8 Consolidating planning schemes . . . . . . . . . . . . . . . . 9
6 Amendment of s 2.1.8A (Amending planning scheme to state
compliance with State planning policy) . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 2.1.10 (Extent of effect of temporary local
planning instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 2.1.18 (Adopting planning scheme policies
in planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 2.1.22 (Repealing planning scheme policies) . . 10
10 Amendment of s 2.2.1 (Local government must review
planning scheme every 8 years). . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Replacement of s 2.3.2 (Power of Minister to direct local
government to take action about local planning instrument) . . . . 11
2.3.2 Power of Minister to direct local government to take
action about local planning instrument . . . . . . . . . . . . 11
12 Amendment of s 2.5A.12 (The SEQ regional plan may include
regulatory provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Replacement of s 2.5A.20 (Minor amendments of SEQ regional
plan) ......................................... 12
2.5A.20 Particular amendments of SEQ regional plan . . . . . . 12
14 Insertion of new s 2.6.5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2.6.5A Relationship of designation to State Development
and Public Works Organisation Act 1971 . . . . . . . . . . 13
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Integrated Planning and Other Legislation Amendment
Bill 2006
15 Amendment of s 2.6.7 (Matters the Minister must consider
before designating land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 2.6.15 (When designations do not cease). . . . . 14
17 Amendment of s 3.2.1 (Applying for development approval) . . . . 14
18 Amendment of s 3.2.3 (Acknowledgment notices generally) . . . . 15
19 Amendment of s 3.2.4 (Acknowledgment notices for
development inconsistent with priority infrastructure plans) . . . . . 15
20 Amendment of s 3.2.6 (Acknowledgment notices if there are
referral agencies or referral coordination is required). . . . . . . . . . 15
21 Amendment of s 3.2.11 (Withdrawing an application) . . . . . . . . . 16
22 Amendment of s 3.2.12 (Applications lapse in certain
circumstances) ................................... 16
23 Amendment of s 3.3.2 (Referral agency responses before
application is made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of s 3.3.3 (Applicant gives material to referral
agency) ...................................... 16
25 Amendment of s 3.3.4 (Applicant advises assessment manager) 17
26 Omission of s 3.3.5 (Referral coordination) . . . . . . . . . . . . . . . . . 17
27 Replacement of ss 3.3.6 and 3.3.7. . . . . . . . . . . . . . . . . . . . . . . . 17
3.3.6 Information requests to applicant . . . . . . . . . . . . . . . . 17
28 Amendment of s 3.3.8 (Applicant responds to any information
request) ....................................... 18
29 Omission of ch 3, pt 3, div 3 (Referral assistance) . . . . . . . . . . . . 18
30 Amendment of s 3.3.14 (Referral agency assessment period) . . 19
31 Amendment of s 3.3.18 (Concurrence agency's response
powers) ..................................... 19
32 Amendment of s 3.4.2 (When the notification stage applies) . . . . 19
33 Amendment of s 3.4.5 (Notification period for applications) . . . . . 19
34 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . 20
35 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . 20
36 Amendment of s 3.5.13 (Decision if application requires code
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Amendment of s 3.5.14 (Decision if application requires impact
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . 20
39 Replacement of ss 3.5.21-3.5.23. . . . . . . . . . . . . . . . . . . . . . . . . 22
3.5.21 When approval lapses if development not started . . . 22
3.5.21A When approval lapses if development started but
not completed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.5.22 Request to extend period in s 3.5.21 . . . . . . . . . . . . . 25
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Integrated Planning and Other Legislation Amendment
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3.5.23 Deciding request under s 3.5.22 . . . . . . . . . . . . . . . . 26
40 Amendment of s 3.5.24 (Request to change development
approval (other than a change of a condition)). . . . . . . . . . . . . . . 27
41 Amendment of s 3.5.26 (Request to cancel development
approval) ...................................... 28
42 Amendment of s 3.5.31 (Conditions generally) . . . . . . . . . . . . . . 29
43 Amendment of s 3.5.31A (Conditions requiring compliance) . . . . 29
44 Amendment of s 3.5.33 (Request to change or cancel conditions) 29
45 Amendment of s 3.7.2 (Plan for reconfiguring under
development permit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Amendment of s 4.1.27 (Appeals by applicants) . . . . . . . . . . . . . 30
47 Amendment of s 4.1.28 (Appeals by submitters--general) . . . . . 30
48 Amendment of s 4.1.30 (Appeals for matters arising after
approval given (co-respondents)). . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Amendment of s 4.1.33 (Stay of operation of enforcement notice) 30
50 Amendment of s 4.2.9 (Appeals by applicants) . . . . . . . . . . . . . . 31
51 Amendment of s 4.2.11 (Appeals for matters arising after
approval given (co-respondents)). . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Amendment of s 4.3.1 (Carrying out assessable development
without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Amendment of s 4.3.2 (Self-assessable development must
comply with codes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Replacement of s 4.3.7 (Giving a false or misleading notice) . . . 31
4.3.7 Giving a false or misleading document. . . . . . . . . . . . 32
55 Amendment of s 4.3.8 (Application of div 2). . . . . . . . . . . . . . . . . 32
56 Amendment of s 4.3.13 (Specific requirements of enforcement
notice) ........................................ 33
57 Amendment of s 5.1.4 (Funding trunk infrastructure for certain
local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Amendment of s 5.1.5 (Making or amending infrastructure
charges schedules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Amendment of s 5.1.6 (Key elements of an infrastructure
charges schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Amendment of s 5.1.10 (Application of infrastructure charges) . . 34
61 Amendment of s 5.1.24 (Conditions local governments may
impose for necessary trunk infrastructure) . . . . . . . . . . . . . . . . . . 34
62 Amendment of s 5.1.29 (Requirements for conditions about
safety or efficiency). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
63 Amendment of s 5.1.30 (Requirements for conditions about
additional infrastructure costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Integrated Planning and Other Legislation Amendment
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64 Amendment of s 5.4.4 (Limitations on compensation under
ss 5.4.2 and 5.4.3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
65 Amendment of s 5.4.9 (Calculating reasonable compensation
involving changes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
66 Amendment of s 5.5.1 (Local government may take or purchase
land) ........................................... 36
67 Amendment of s 5.7.2 (Documents local government must keep
available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . 36
68 Amendment of s 5.7.4 (Documents assessment manager
must keep available for inspection and purchase) . . . . . . . . . . . . 37
69 Amendment of s 5.8.14 (How IDAS applies for development
the subject of an EIS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
70 Amendment of s 5.9.9 (Chief executive may issue guidelines) . . 37
71 Amendment of s 6.1.20 (Planning scheme policies for
infrastructure) .................................. 38
72 Amendment of s 6.1.21 (IPA planning schemes cancel existing
planning scheme policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
73 Amendment of s 6.1.31 (Conditions about infrastructure for
applications) ..................................... 40
74 Amendment of s 6.1.54 (Provisions applying for State-controlled
roads) .......................................... 40
75 Amendment of s 6.5.1 (When particular development approvals
lapse) .......................................... 40
76 Insertion of new ch 6, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 7 Transitional provisions for Integrated Planning
and Other Legislation Amendment Act 2006
6.7.1 Referral coordination required for undecided
applications ........................... 41
6.7.2 Currency periods for development approvals that
have not lapsed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
6.7.3 Sufficient grounds for decisions . . . . . . . . . . . . . . . . . 42
6.7.4 Decision notices for applications made before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
77 Amendment of sch 1 (Process for making or amending planning
schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
78 Amendment of sch 2 (Process for making temporary local
planning instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
79 Amendment of sch 3 (Process for making or amending
planning scheme policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
80 Amendment of sch 8 (Assessable development and self-
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
81 Amendment of sch 8A (Assessment manager for development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Integrated Planning and Other Legislation Amendment
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82 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Building Act 1975
83 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
84 Amendment of s 12Q (Development approval for building
work for budget accommodation buildings) . . . . . . . . . . . . . . . . . 51
85 Replacement of s 12R (Annual inspection of buildings for which
development approval is given) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
12R Random inspection of buildings for which
development approval is given . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of Coastal Protection and Management Act
1995
86 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
87 Amendment of s 185 (Transition of coastal management plans) . 53
88 Amendment of s 188 (Applications to reconfigure a lot in
a coastal management district) . . . . . . . . . . . . . . . . . . . . . . . . . . 53
89 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 53
Part 5 Currumbin Bird Sanctuary Act 1976
90 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Amendment of s 2 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 54
Part 6 Environmental Protection Act 1994
92 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
93 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . 54
Part 7 Fisheries Act 1994
94 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
95 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 55
Part 8 Liquor Act 1992
96 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
97 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 9 Nature Conservation Act 1992
98 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
99 Insertion of new s 174AA-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
174AA Operation of 2005 SL No. 138 . . . . . . . . . . . . . . . . . . 56
Part 10 Plumbing and Drainage Act 2002
100 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
101 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 56
Part 11 Prostitution Act 1999
102 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
103 Amendment of s 64K (Appeals by applicants) . . . . . . . . . . . . . . . 57
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Integrated Planning and Other Legislation Amendment
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Part 12 Townsville City Council (Douglas Land Development) Act
1993
104 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
105 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 57
106 Amendment of s 30 (Procedure for inclusion in planning scheme) 58
107 Insertion of new ss 30A and 30B . . . . . . . . . . . . . . . . . . . . . . . . . 58
30A Procedure for inclusion in Townsville IPA planning
scheme on and after 1 January 2005. . . . . . . . . . . . . 58
30B Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
108 Amendment of s 35 (Conditions, requirements and restrictions
attach to the land). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 13 Vegetation Management Act 1999
109 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
110 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 59
Part 14 Wet Tropics World Heritage Protection and Management
Act 1993
111 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Amendment of s 14 (Composition of board). . . . . . . . . . . . . . . . . 60
113 Omission of s 19 (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . . . . 60
114 Amendment of s 29 (Quorum and voting at meetings). . . . . . . . . 61
Schedule Minor amendments of Integrated Planning Act 1997 . . . . . . . 62
2006
A Bill
for
An Act to amend the Integrated Planning Act 1997, and for
other purposes
s1 8 s5
Integrated Planning and Other Legislation Amendment
Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Integrated Planning and Other 4
Legislation Amendment Act 2006. 5
Clause 2 Commencement 6
Sections 18, 20, 21 to 30, 33, 41, 42, 45, 49(2), 55(2), 70, 75 7
and 82(2) commence on a day to be fixed by proclamation. 8
Part 2 Amendment of Integrated 9
Planning Act 1997 10
Clause 3 Act amended in pt 2 11
This part and the schedule amend the Integrated Planning Act 12
1997. 13
Clause 4 Amendment of s 2.1.2 (Area to which planning schemes 14
apply) 15
Section 2.1.2(2), `under this Act'-- 16
omit. 17
Clause 5 Replacement of s 2.1.8 (Consolidating planning 18
schemes) 19
Section 2.1.8-- 20
omit, insert-- 21
s6 9 s7
Integrated Planning and Other Legislation Amendment
Bill 2006
`2.1.8 Consolidating planning schemes 1
`(1) A local government may prepare and adopt a consolidated 2
planning scheme. 3
`(2) Schedule 1 does not apply to the preparation or adoption of 4
the consolidated planning scheme. 5
`(3) The consolidated planning scheme is, in the absence of 6
evidence to the contrary, taken to be the local government's 7
planning scheme on and from the day the consolidated 8
planning scheme is adopted by the local government. 9
`(4) As soon as practicable after the local government adopts the 10
consolidated planning scheme, the local government must 11
give the chief executive a certified copy of the consolidated 12
planning scheme.'. 13
Clause 6 Amendment of s 2.1.8A (Amending planning scheme to 14
state compliance with State planning policy) 15
Section 2.1.8A-- 16
insert-- 17
`(5) As soon as practicable after the local government adopts the 18
amendment, the local government must give the chief 19
executive a certified copy of the amendment.'. 20
Clause 7 Amendment of s 2.1.10 (Extent of effect of temporary 21
local planning instrument) 22
Section 2.1.10(1)-- 23
omit, insert-- 24
`(1) A temporary local planning instrument may suspend or 25
otherwise affect the operation of a planning scheme for up to 26
1 year, but-- 27
(a) does not amend a planning scheme; and 28
(b) is not a change to a planning scheme under section 29
5.4.1.'. 30
s8 10 s 10
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 8 Amendment of s 2.1.18 (Adopting planning scheme 1
policies in planning schemes) 2
Section 2.1.18-- 3
insert-- 4
`(3) In this section-- 5
document does not include-- 6
(a) a development approval; or 7
(b) a continuing approval under chapter 6; or 8
(c) an approval for an application mentioned in section 9
6.1.26.'. 10
Clause 9 Amendment of s 2.1.22 (Repealing planning scheme 11
policies) 12
Section 2.1.22(5) and (6)-- 13
omit, insert-- 14
`(5) The repeal takes effect-- 15
(a) on the day the notice is first published in the newspaper; 16
or 17
(b) if the notice states a later day--on the later day. 18
`(6) Also, if a new planning scheme (other than an amendment of 19
a planning scheme) is made for a planning scheme area, all 20
existing planning scheme policies for the area are repealed 21
on-- 22
(a) the day the adoption of the new planning scheme is 23
notified in the gazette; or 24
(b) if a later day for the commencement of the planning 25
scheme is stated in the planning scheme--the later day.'. 26
Clause 10 Amendment of s 2.2.1 (Local government must review 27
planning scheme every 8 years) 28
Section 2.2.1(2), all words from `scheme having regard'-- 29
s 11 11 s 12
Integrated Planning and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`scheme.'. 2
Clause 11 Replacement of s 2.3.2 (Power of Minister to direct local 3
government to take action about local planning 4
instrument) 5
Section 2.3.2-- 6
omit, insert-- 7
`2.3.2 Power of Minister to direct local government to take 8
action about local planning instrument 9
`(1) If the Minister is satisfied that it is necessary to give a 10
direction to protect or give effect to a State interest, the 11
Minister may direct a local government to take an action in 12
relation to a local planning instrument or a proposed local 13
planning instrument. 14
`(2) The direction may be as general or specific as the Minister 15
considers appropriate and must state the reasonable time by 16
which the local government must comply with the direction. 17
`(3) Without limiting subsection (1), the direction may require the 18
local government to-- 19
(a) review its planning scheme; or 20
(b) make a planning scheme or amend its planning scheme; 21
or 22
(c) make or repeal a temporary local planning instrument; 23
or 24
(d) make, amend or repeal a planning scheme policy. 25
`(4) The Minister may direct a local government to prepare a 26
consolidated planning scheme.'. 27
Clause 12 Amendment of s 2.5A.12 (The SEQ regional plan may 28
include regulatory provisions) 29
Section 2.5A.12(2)(c)-- 30
omit, insert-- 31
s 13 12 s 13
Integrated Planning and Other Legislation Amendment
Bill 2006
`(c) include a code for IDAS, or other criteria for the 1
assessment of development applications; and'. 2
Clause 13 Replacement of s 2.5A.20 (Minor amendments of SEQ 3
regional plan) 4
Section 2.5A.20-- 5
omit, insert-- 6
`2.5A.20 Particular amendments of SEQ regional plan 7
`(1) This section applies if-- 8
(a) the SEQ regional plan requires only a minor 9
amendment; or 10
(b) the regional planning Minister wishes to amend the SEQ 11
regional plan to include only a local growth 12
management strategy or a structure plan. 13
`(2) The regional planning Minister may make the amendment and 14
division 4 does not apply to the making of the amendment. 15
`(3) If the regional planning Minister makes the amendment, the 16
regional planning Minister must publish a notice about the 17
making of the amendment-- 18
(a) in the gazette; and 19
(b) at least once in a newspaper circulating generally in the 20
region. 21
`(4) The notice must state the following-- 22
(a) the day the amendment was made; 23
(b) where a copy of the SEQ regional plan, as amended, 24
may be inspected and purchased. 25
`(5) In this section-- 26
local growth management strategy means a document-- 27
(a) prepared by a local government; and 28
(b) that the regional planning Minister is satisfied-- 29
(i) demonstrates how the SEQ regional plan will be 30
implemented at the local level; and 31
s 14 13 s 14
Integrated Planning and Other Legislation Amendment
Bill 2006
(ii) has been subject to adequate public consultation. 1
major development area means an area that is a major 2
greenfield area or a regionally significant redevelopment area 3
identified-- 4
(a) in a local growth management strategy; or 5
(b) in an IPA planning scheme; or 6
(c) by the regional planning Minister in a written notice to 7
the local government. 8
structure plan means a document-- 9
(a) prepared by a local government; and 10
(b) that the regional planning Minister is satisfied-- 11
(i) is an integrated land use plan setting out the broad 12
environmental, land use, infrastructure and 13
development intent to guide detailed site planning 14
for major development areas in the local 15
government's area; and 16
(ii) has been subject to adequate public consultation.'. 17
Clause 14 Insertion of new s 2.6.5A 18
After section 2.6.5-- 19
insert-- 20
`2.6.5ARelationship of designation to State Development 21
and Public Works Organisation Act 1971 22
`(1) Subsection (2) applies if land in a declared State development 23
area under the State Development and Public Works 24
Organisation Act 1971 is designated under this part. 25
`(2) Despite section 84 of that Act, use of the land in accordance 26
with the designation-- 27
(a) is taken to be a use of the land in accordance with the 28
approved development scheme for the land under that 29
Act; and 30
(b) is not a use that contravenes section 84 of that Act.'. 31
s 15 14 s 17
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 15 Amendment of s 2.6.7 (Matters the Minister must 1
consider before designating land) 2
(1) Section 2.6.7(1)-- 3
insert-- 4
`(d) for land to which section 2.6.5A applies--adequate 5
account has been taken of the approved development 6
scheme mentioned in that section.'. 7
(2) Section 2.6.7(2)(b) and (c)-- 8
omit, insert-- 9
`(b) each relevant State planning policy; and 10
(c) for land in the SEQ region--the SEQ regional plan; and 11
(d) each relevant planning scheme.'. 12
(3) Section 2.6.7(3)(e), `EIS for'-- 13
omit, insert-- 14
`EIS for, or including,'. 15
Clause 16 Amendment of s 2.6.15 (When designations do not cease) 16
Section 2.6.15, `the State'-- 17
omit, insert-- 18
`a public sector entity'. 19
Clause 17 Amendment of s 3.2.1 (Applying for development 20
approval) 21
(1) Section 3.2.1(5), `taking, or interfering with,'-- 22
omit. 23
(2) Section 3.2.1-- 24
insert-- 25
`(5A) The document containing the evidence may state a day, not 26
less than 6 months after the date of the document, after which 27
the evidence in the document may not be used under 28
subsection (5).'. 29
s 18 15 s 20
Integrated Planning and Other Legislation Amendment
Bill 2006
(3) Section 3.2.1(11)-- 1
omit. 2
Clause 18 Amendment of s 3.2.3 (Acknowledgment notices 3
generally) 4
(1) Section 3.2.3(2)(a)(vi)-- 5
omit. 6
(2) Section 3.2.3(2)(f)-- 7
omit. 8
Clause 19 Amendment of s 3.2.4 (Acknowledgment notices for 9
development inconsistent with priority infrastructure 10
plans) 11
(1) Section 3.2.4(1)(b)-- 12
insert-- 13
`(iv) community and government purposes related to a 14
purpose mentioned in subparagraphs (i) to (iii).'. 15
(2) Section 3.2.4(2)(a)-- 16
omit, insert-- 17
`(a) specific details about the matters mentioned in 18
subsection (1)(a); and'. 19
Clause 20 Amendment of s 3.2.6 (Acknowledgment notices if there 20
are referral agencies or referral coordination is required) 21
(1) Section 3.2.6, heading `or referral coordination is required'-- 22
omit. 23
(2) Section 3.2.6(2)-- 24
omit. 25
s 21 16 s 24
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 21 Amendment of s 3.2.11 (Withdrawing an application) 1
Section 3.2.11(1)(c)-- 2
omit. 3
Clause 22 Amendment of s 3.2.12 (Applications lapse in certain 4
circumstances) 5
Section 3.2.12-- 6
insert-- 7
`(4) Subsection (5) applies if-- 8
(a) under subsection (3) the applicant asks for an extension 9
in relation to subsection (2)(b); and 10
(b) the entity making the information request does not 11
respond to the request by the applicant until 5 days 12
before the period mentioned in subsection (2)(b) ends, 13
or later; and 14
(c) the entity does not agree to the extension. 15
`(5) The period mentioned in subsection (2)(b) does not end until 16
10 business days after the response, advising that the entity 17
does not agree to the extension, is received.'. 18
Clause 23 Amendment of s 3.3.2 (Referral agency responses before 19
application is made) 20
Section 3.3.2(2)-- 21
omit, insert-- 22
`(2) However, a referral agency is not obliged to give a referral 23
agency response mentioned in subsection (1) before the 24
application is made.'. 25
Clause 24 Amendment of s 3.3.3 (Applicant gives material to referral 26
agency) 27
Section 3.3.3(3)(c)-- 28
omit, insert-- 29
s 25 17 s 27
Integrated Planning and Other Legislation Amendment
Bill 2006
`(c) any conditions mentioned in paragraph (b)(ii) are 1
satisfied.'. 2
Clause 25 Amendment of s 3.3.4 (Applicant advises assessment 3
manager) 4
(1) Section 3.3.4(1)-- 5
omit, insert-- 6
`(1) After complying with section 3.3.3, the applicant must give 7
the assessment manager written notice of the day the applicant 8
gave each referral agency the things mentioned in section 9
3.3.3(1)(a), (b) and (c).'. 10
(2) Section 3.3.4(2), `(a)'-- 11
omit. 12
Clause 26 Omission of s 3.3.5 (Referral coordination) 13
Section 3.3.5-- 14
omit. 15
Clause 27 Replacement of ss 3.3.6 and 3.3.7 16
Sections 3.3.6 and 3.3.7-- 17
omit, insert-- 18
`3.3.6 Information requests to applicant 19
`(1) The assessment manager and each concurrence agency may 20
ask the applicant, by written request (an information request), 21
to give further information needed to assess the application. 22
`(2) A concurrence agency may only ask for information about a 23
matter that is within its jurisdiction. 24
`(3) If the assessment manager makes the request, the request must 25
be made-- 26
(a) for an application requiring an acknowledgment notice 27
to be given--within 10 business days after giving the 28
acknowledgment notice (the information request 29
period); and 30
s 28 18 s 29
Integrated Planning and Other Legislation Amendment
Bill 2006
(b) for an application that does not require an 1
acknowledgment notice to be given--within 10 business 2
days after the day the application was received (also the 3
information request period). 4
`(4) If a concurrence agency makes the request, the request must 5
be made within 10 business days after the agency's referral 6
day (also the information request period). 7
`(5) If an information request is made by a concurrence agency, 8
the concurrence agency must-- 9
(a) give the assessment manager a copy of the request; and 10
(b) advise the assessment manager of the day the request 11
was made. 12
`(6) The assessment manager or a concurrence agency may, by 13
written notice given to the applicant and without the 14
applicant's agreement, extend the information request period 15
by not more than 10 business days. 16
`(7) Only 1 notice may be given by each entity under subsection 17
(6) and the notice must be given before the entity's 18
information request period ends. 19
`(8) The information request period may be further extended if the 20
applicant, at any time, gives written agreement to the 21
extension. 22
`(9) If the information request period is extended for a 23
concurrence agency, the concurrence agency must advise the 24
assessment manager of the extension.'. 25
Clause 28 Amendment of s 3.3.8 (Applicant responds to any 26
information request) 27
Section 3.3.8(3)-- 28
omit. 29
Clause 29 Omission of ch 3, pt 3, div 3 (Referral assistance) 30
Chapter 3, part 3, division 3-- 31
omit. 32
s 30 19 s 33
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 30 Amendment of s 3.3.14 (Referral agency assessment 1
period) 2
(1) Section 3.3.14(7), `If referral coordination is not required, 3
the'-- 4
omit, insert-- 5
`The'. 6
(2) Section 3.3.14(8)-- 7
omit. 8
Clause 31 Amendment of s 3.3.18 (Concurrence agency's response 9
powers) 10
Section 3.3.18(1)-- 11
insert-- 12
`(d) a different period for section 3.5.21(1)(b), (2)(c) or 13
(3)(b).'. 14
Clause 32 Amendment of s 3.4.2 (When the notification stage 15
applies) 16
Section 3.4.2(3)(b)-- 17
omit, insert-- 18
`(b) the application does not seek to change the type of 19
assessment for the development or, if it does, it seeks 20
only 1 or both of the following-- 21
(i) to change development requiring code assessment 22
to self-assessable development; 23
(ii) to increase the level of assessment for 24
development; and'. 25
Clause 33 Amendment of s 3.4.5 (Notification period for 26
applications) 27
Section 3.4.5(a)-- 28
omit, insert-- 29
s 34 20 s 38
Integrated Planning and Other Legislation Amendment
Bill 2006
`(a) must be not less than 15 business days starting on the 1
day after the last action under section 3.4.4(1) is carried 2
out; and'. 3
Clause 34 Amendment of s 3.5.4 (Code assessment) 4
Section 3.5.4(4)-- 5
insert-- 6
`(d) for section 6.1.31, the existing planning scheme policy 7
or planning scheme provision applied.'. 8
Clause 35 Amendment of s 3.5.5 (Impact assessment) 9
Section 3.5.5(4)-- 10
insert-- 11
`(d) for section 6.1.31, the existing planning scheme policy 12
or planning scheme provision applied.'. 13
Clause 36 Amendment of s 3.5.13 (Decision if application requires 14
code assessment) 15
Section 3.5.13(3), `enough grounds to justify the decision'-- 16
omit, insert-- 17
`sufficient grounds to justify the decision despite the conflict'. 18
Clause 37 Amendment of s 3.5.14 (Decision if application requires 19
impact assessment) 20
Section 3.5.14(2)(b), `sufficient planning grounds to justify 21
the decision'-- 22
omit, insert-- 23
`sufficient grounds to justify the decision despite the conflict'. 24
Clause 38 Amendment of s 3.5.15 (Decision notice) 25
Section 3.5.15(2)(e) to (j)-- 26
omit, insert-- 27
s 38 21 s 38
Integrated Planning and Other Legislation Amendment
Bill 2006
`(e) if the application is refused--whether the assessment 1
manager was directed to refuse the application and, if 2
so, the name of the concurrence agency directing refusal 3
and whether the refusal is solely because of the 4
concurrence agency's direction; 5
(f) if the application is approved--whether the approval is a 6
preliminary approval, a development permit or a 7
combined preliminary approval and development 8
permit; 9
(g) if all or part of the application is for a preliminary 10
approval mentioned in section 3.1.6 and the assessment 11
manager has approved a variation to an applicable local 12
planning instrument--the variation; 13
(h) any other development permits necessary to allow the 14
development to be carried out; 15
(i) any code the applicant may need to comply with for 16
self-assessable development related to the development 17
approved; 18
(j) whether or not there were any properly made 19
submissions about the application and for each properly 20
made submission, the name and address of the principal 21
submitter; 22
(k) whether the assessment manager considers the 23
assessment manager's decision conflicts with any of the 24
following if relevant to its assessment under section 25
3.5.4 or 3.5.5-- 26
(i) applicable codes (other than concurrence agency 27
codes the assessment manager does not apply); 28
(ii) the planning scheme and any other relevant local 29
planning instrument; 30
(iii) if the following are not identified in the planning 31
scheme as being appropriately reflected in the 32
planning scheme-- 33
(A) State planning policies, or parts of State 34
planning policies; 35
s 39 22 s 39
Integrated Planning and Other Legislation Amendment
Bill 2006
(B) for the planning scheme of a local 1
government in the SEQ region--the SEQ 2
regional plan; 3
(iv) if the assessment manager is an infrastructure 4
provider--the priority infrastructure plan; 5
(v) if the assessment manager is not a local 6
government--the laws that are administered by, 7
and the policies that are reasonably identifiable as 8
policies applied by, the assessment manager and 9
that are relevant to the application; 10
(l) if the assessment manager is satisfied the decision 11
conflicts with any of the matters stated in paragraph 12
(k)--the reasons for the decision, including a statement 13
of the sufficient grounds mentioned in sections 3.5.13(3) 14
and 3.5.14(2)(b); 15
(m) the rights of appeal for the applicant and any submitters. 16
`(2A) To remove doubt, it is declared that subsection (2)(l) does not 17
require the assessment manager to give reasons for each 18
condition of approval.'. 19
Clause 39 Replacement of ss 3.5.21-3.5.23 20
Sections 3.5.21 to 3.5.23-- 21
omit, insert-- 22
`3.5.21 When approval lapses if development not started 23
`(1) To the extent a development approval is for a material change 24
of use of premises, the approval lapses if the first change of 25
use under the approval does not happen within the following 26
period (the relevant period)-- 27
(a) 4 years starting the day the approval takes effect; or 28
(b) if the approval states a different period from when the 29
approval takes effect-- the stated period. 30
`(2) To the extent a development approval is for reconfiguring a 31
lot, the approval lapses if a plan for the reconfiguration is not 32
given to the local government under section 3.7.2(2) within 33
the following period (also the relevant period)-- 34
s 39 23 s 39
Integrated Planning and Other Legislation Amendment
Bill 2006
(a) for reconfiguration not requiring operational works--2 1
years starting the day the approval takes effect; 2
(b) for reconfiguration requiring operational works--4 3
years starting the day the approval takes effect; 4
(c) if the approval states a different period from when the 5
approval takes effect--the stated period. 6
`(3) To the extent a development approval is for development other 7
than a material change of use of premises or reconfiguring a 8
lot, the approval lapses if the development does not 9
substantially start within the following period (also the 10
relevant period)-- 11
(a) 2 years starting the day the approval takes effect; 12
(b) if the approval states a different period from when the 13
approval takes effect-- the stated period. 14
`(4) Despite subsections (1) and (2), if there is 1 or more related 15
approvals for a development approval mentioned in 16
subsection (1) or (2), the relevant period is taken to have 17
started on the day the latest related approval takes effect. 18
`(5) If a monetary security has been given in relation to any 19
development approval, the security must be released if the 20
approval lapses under this section. 21
`(6) The lapsing of a development approval for a material change 22
of use of premises or reconfiguring a lot does not cause an 23
approval mentioned in subsection (3) to lapse. 24
`(7) In this section-- 25
related approval, for a development approval for a material 26
change of use of premises (the earlier approval), means-- 27
(a) the first development approval for a development 28
application made to a local government or private 29
certifier within 2 years of the start of the relevant period, 30
that is-- 31
(i) to the extent the earlier approval is a preliminary 32
approval--a development permit for the material 33
change of use of premises; or 34
s 39 24 s 39
Integrated Planning and Other Legislation Amendment
Bill 2006
(ii) to the extent the earlier approval is a development 1
permit or a preliminary approval for development 2
mentioned in section 3.1.6(3)(a)(ii) or (iii)--a 3
development permit for building work or 4
operational work necessary for the material change 5
of use of premises to take place; and 6
(b) each further development permit, for a development 7
application made to a local government or private 8
certifier within 2 years of the day the last related 9
approval takes effect, that is for building work or 10
operational work necessary for the material change of 11
use of premises to take place. 12
related approval, for a development approval for 13
reconfiguring a lot (also the earlier approval), means-- 14
(a) the first development permit for a development 15
application made to a local government within 2 years 16
of the start of the relevant period, that is-- 17
(i) to the extent the earlier approval is a preliminary 18
approval--for the reconfiguration; or 19
(ii) to the extent the earlier approval is a development 20
permit for reconfiguring a lot--for operational 21
work related to the reconfiguration; and 22
(b) each further development permit, for a development 23
application made to a local government within 2 years 24
of the day the last related approval takes effect, that is 25
for operational work related to the reconfiguration. 26
`3.5.21A When approval lapses if development started but 27
not completed 28
`(1) A condition under division 6 may require-- 29
(a) development, or an aspect of development, to be 30
completed within a particular time; and 31
(b) the payment of security under an agreement under 32
section 3.5.34 to support the condition. 33
`(2) Subsection (3) applies if-- 34
s 39 25 s 39
Integrated Planning and Other Legislation Amendment
Bill 2006
(a) a condition requires assessable development, or an 1
aspect of assessable development, to be completed 2
within a particular time; and 3
(b) the assessable development, or aspect, is started but not 4
completed within the time. 5
`(3) The approval, to the extent it relates to the assessable 6
development or aspect not completed, lapses. 7
`(4) However, even though the approval has lapsed, any security 8
paid under subsection (1)(b) may be used in a way stated by 9
the approval, including, for example, to finish the 10
development. 11
`3.5.22 Request to extend period in s 3.5.21 12
`(1) If, before a development approval lapses under section 3.5.21, 13
a person wants to extend a period mentioned in that section, 14
the person must, by written notice-- 15
(a) advise each entity that was a concurrence agency that 16
the person is asking for an extension of the period; and 17
(b) ask the assessment manager to extend the period. 18
`(2) The notices must be given at about the same time, and the 19
notice to the assessment manager must include a copy of each 20
notice given under subsection (1)(a). 21
`(3) If the person is not the owner of the land to which the 22
approval attaches, the request must be accompanied by the 23
owner's consent. 24
`(4) Subsection (5) applies if an application for the approval were 25
made at the time the request is made and evidence under 26
section 3.2.1(5) would be required to support the application. 27
`(5) The request must also be accompanied by the written 28
agreement of the chief executive from whom evidence would 29
need to be obtained under section 3.2.1(5). 30
`(6) If the assessment manager has a form for the request, the 31
request must be in the form and be accompanied by the fee-- 32
(a) if the assessment manager is a local government--set by 33
a resolution of the local government; or 34
s 39 26 s 39
Integrated Planning and Other Legislation Amendment
Bill 2006
(b) if the assessment manager is another public sector 1
entity--prescribed under a regulation under this or 2
another Act. 3
`(7) A request under this section may not be withdrawn. 4
`3.5.23 Deciding request under s 3.5.22 5
`(1) In deciding a request under section 3.5.22, the assessment 6
manager must only have regard to-- 7
(a) the consistency of the approval, including its conditions, 8
with the current laws and policies applying to the 9
development, including, for example, the amount and 10
type of infrastructure contributions, or infrastructure 11
charges payable under an infrastructure charges 12
schedule; and 13
(b) the community's current awareness of the development 14
approval; and 15
(c) whether, if the request were refused-- 16
(i) further rights to make a submission may be 17
available for a further development application; 18
and 19
(ii) the likely extent to which those rights may be 20
exercised; and 21
(d) the views of any concurrence agency for the approval. 22
`(2) If there was no concurrence agency, the assessment manager 23
must approve or refuse the extension within 30 business days 24
after receiving the request. 25
`(3) If there was a concurrence agency, the assessment manager-- 26
(a) must not approve or refuse the extension until at least 20 27
business days after receiving the request; and 28
(b) must approve or refuse the extension within 30 business 29
days after receiving the request. 30
`(4) The assessment manager and the person making the request 31
may agree to extend the period within which the assessment 32
manager must decide the request. 33
s 40 27 s 40
Integrated Planning and Other Legislation Amendment
Bill 2006
`(5) A concurrence agency given a notice under section 1
3.5.22(1)(a) may give the assessment manager a written 2
notice-- 3
(a) stating it has no objection to the extension being 4
approved; or 5
(b) stating it objects to the extension being approved and 6
giving reasons for the objection. 7
`(6) If the assessment manager does not receive a written notice 8
within 20 business days after the day the request was received 9
by the assessment manager, the assessment manager must 10
decide the request as if the concurrence agency had no 11
objection to the request. 12
`(7) Despite subsection (6), if the development approval is subject 13
to a concurrence agency condition about the period mentioned 14
in section 3.5.21, the assessment manager must not approve 15
the request unless the concurrence agency advises it has no 16
objection to the extension being approved. 17
`(8) If the assessment manager receives a written notice from a 18
concurrence agency within 20 business days after the day the 19
request was received by the assessment manager, the 20
assessment manager must have regard to the notice when 21
deciding the request. 22
`(9) The assessment manager may make a decision under this 23
section even if the development approval was granted by the 24
court. 25
`(10) Despite section 3.5.21, the development approval does not 26
lapse until the assessment manager decides the request. 27
`(11) After deciding the request, the assessment manager must give 28
written notice of the decision to the person asking for the 29
extension and any concurrence agency that gave the 30
assessment manager a notice under subsection (5).'. 31
Clause 40 Amendment of s 3.5.24 (Request to change development 32
approval (other than a change of a condition)) 33
(1) Section 3.5.24(3)-- 34
omit, insert-- 35
s 41 28 s 41
Integrated Planning and Other Legislation Amendment
Bill 2006
`(3) If the person is not the owner of the land to which the 1
approval attaches, the request must be accompanied by the 2
owner's consent.'. 3
(2) Section 3.5.24-- 4
insert-- 5
`(3B) Subsection (3C) applies if an application for the approval 6
were made at the time the request is made and evidence under 7
section 3.2.1(5) would be required to support the application. 8
`(3C) The request must also be accompanied by the written 9
agreement of the chief executive from whom evidence would 10
need to be obtained under section 3.2.1(5).'. 11
Clause 41 Amendment of s 3.5.26 (Request to cancel development 12
approval) 13
Section 3.5.26(2) and (3)-- 14
omit, insert-- 15
`(2) However, subsection (1) does not apply if development under 16
the development approval has started. 17
`(3) Also, cancellation can not be requested under subsection (1) 18
unless written consent to the cancellation is given by-- 19
(a) if there is a written arrangement between the owner and 20
another person under which the other person proposes to 21
buy the land--the person proposing to buy the land; or 22
(b) if the application is for land the subject of a public 23
utility easement--the entity in whose favour the 24
easement is given; or 25
(c) if an application for the approval were made at the time 26
the request is made and evidence under section 3.2.1(5) 27
would be required to support the application--the chief 28
executive from whom evidence would need to be 29
obtained under that section.'. 30
s 42 29 s 45
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 42 Amendment of s 3.5.31 (Conditions generally) 1
Section 3.5.31(1)(c) and (2)-- 2
omit. 3
Clause 43 Amendment of s 3.5.31A (Conditions requiring 4
compliance) 5
Section 3.5.31A(1)-- 6
omit, insert-- 7
`(1) Subsection (2) applies if, for a matter prescribed under a 8
regulation, a condition requires a document or work to be 9
assessed for compliance with a condition.'. 10
Clause 44 Amendment of s 3.5.33 (Request to change or cancel 11
conditions) 12
(1) Section 3.5.33(3)-- 13
omit, insert-- 14
`(3) If the person is not the owner of the land to which the 15
approval attaches, the request must be accompanied by the 16
owner's consent.'. 17
(2) Section 3.5.33-- 18
insert-- 19
`(3B) Subsection (3C) applies if an application for the approval 20
were made at the time the request is made and evidence under 21
section 3.2.1(5) would be required to support the application. 22
`(3C) The request must also be accompanied by the written 23
agreement of the chief executive from whom evidence would 24
need to be obtained under section 3.2.1(5).'. 25
Clause 45 Amendment of s 3.7.2 (Plan for reconfiguring under 26
development permit) 27
Section 3.7.2(2)-- 28
omit, insert-- 29
s 46 30 s 49
Integrated Planning and Other Legislation Amendment
Bill 2006
`(2) The plan must be given to the local government for its 1
approval while the permit still has effect.'. 2
Clause 46 Amendment of s 4.1.27 (Appeals by applicants) 3
Section 4.1.27(1)(d), `currency period'-- 4
omit, insert-- 5
`period mentioned in section 3.5.21'. 6
Clause 47 Amendment of s 4.1.28 (Appeals by submitters--general) 7
Section 4.1.28(2)(b)(ii), `currency period'-- 8
omit, insert-- 9
`period mentioned in section 3.5.21'. 10
Clause 48 Amendment of s 4.1.30 (Appeals for matters arising after 11
approval given (co-respondents)) 12
Section 4.1.30(1)(a)-- 13
omit, insert-- 14
`(a) a notice giving a decision on a request for an extension 15
of a period mentioned in section 3.5.21;'. 16
Clause 49 Amendment of s 4.1.33 (Stay of operation of enforcement 17
notice) 18
(1) Section 4.1.33(2)-- 19
insert-- 20
`(f) development the assessing authority reasonably believes is 21
causing erosion or sedimentation.'. 22
(2) Section 4.1.33(2)-- 23
insert-- 24
`(g) development the assessing authority reasonably believes 25
is causing an environmental nuisance.'. 26
s 50 31 s 54
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 50 Amendment of s 4.2.9 (Appeals by applicants) 1
Section 4.2.9(1)(d), `currency period'-- 2
omit, insert-- 3
`period mentioned in section 3.5.21'. 4
Clause 51 Amendment of s 4.2.11 (Appeals for matters arising after 5
approval given (co-respondents)) 6
Section 4.2.11(1)(a)-- 7
omit, insert-- 8
`(a) a notice giving a decision on a request for an extension 9
of a period mentioned in section 3.5.21;'. 10
Clause 52 Amendment of s 4.3.1 (Carrying out assessable 11
development without permit) 12
Section 4.3.1(2)-- 13
omit, insert-- 14
`(2) Subsection (1)-- 15
(a) applies subject to sections 4.3.6 and 4.3.6A; and 16
(b) does not apply to development carried out under section 17
3.5.21A(4).'. 18
Clause 53 Amendment of s 4.3.2 (Self-assessable development 19
must comply with codes) 20
Section 4.3.2(1), `when carrying out'-- 21
omit, insert-- 22
`for'. 23
Clause 54 Replacement of s 4.3.7 (Giving a false or misleading 24
notice) 25
Section 4.3.7-- 26
omit, insert-- 27
s 55 32 s 55
Integrated Planning and Other Legislation Amendment
Bill 2006
`4.3.7 Giving a false or misleading document 1
`(1) A person must not give an assessment manager a notice under 2
section 3.3.4, 3.4.7 or 5.8A.7 that is false or misleading. 3
Maximum penalty--1665 penalty units. 4
`(2) A person must not give to the assessment manager or a 5
concurrence agency a document containing information that 6
the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--1665 penalty units. 9
`(3) Subsection (2) does not apply to a person who, when giving 10
the document-- 11
(a) informs the assessment manager or concurrence agency 12
of the extent to which the document is false or 13
misleading; and 14
(b) gives the correct information to the assessment manager 15
or a concurrence agency if the person has, or can 16
reasonably obtain, the correct information. 17
`(4) A complaint against a person for an offence against 18
subsection (2) is sufficient if it states that the document was 19
false or misleading to the person's knowledge.'. 20
Clause 55 Amendment of s 4.3.8 (Application of div 2) 21
(1) Section 4.3.8-- 22
insert-- 23
`(h) development the authority reasonably believes is 24
causing erosion or sedimentation.'. 25
(2) Section 4.3.8-- 26
insert-- 27
`(i) development the authority reasonably believes is 28
causing an environmental nuisance.'. 29
s 56 33 s 58
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 56 Amendment of s 4.3.13 (Specific requirements of 1
enforcement notice) 2
Section 4.3.13(1)-- 3
insert-- 4
`(h) to prepare and submit to the assessing authority a 5
compliance program demonstrating how compliance 6
with the enforcement notice will be achieved.'. 7
Clause 57 Amendment of s 5.1.4 (Funding trunk infrastructure for 8
certain local governments) 9
(1) Section 5.1.4(2)-- 10
omit. 11
(2) Section 5.1.4(3), `(2)'-- 12
omit, insert-- 13
`(1)'. 14
Clause 58 Amendment of s 5.1.5 (Making or amending 15
infrastructure charges schedules) 16
(1) Section 5.1.5(1)(b)-- 17
omit, insert-- 18
`(b) the process stated in-- 19
(i) schedule 1; or 20
(ii) schedule 3, as if it were a planning scheme policy.'. 21
(2) Section 5.1.5-- 22
insert-- 23
`(4) To remove any doubt, it is declared that an infrastructure 24
charges schedule prepared or amended under subsection 25
(1)(b)(ii) is part of the planning scheme and not a planning 26
scheme policy.'. 27
s 59 34 s 61
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 59 Amendment of s 5.1.6 (Key elements of an infrastructure 1
charges schedule) 2
Section 5.1.6-- 3
insert-- 4
`(3) For subsection (1)(a), an infrastructure charge may be stated 5
as-- 6
(a) a monetary amount; or 7
(b) a number of units (charge units). 8
`(4) If an infrastructure charge is stated as a number of charge 9
units, the local government must set the amount for each 10
charge unit by resolution. 11
`(5) The current amount for a charge unit must be stated in the 12
local government's infrastructure charges register. 13
`(6) The method for indexing the amount for a charge unit and the 14
indicies used in setting the amount for the charge unit must be 15
identified in the infrastructure charges schedule.'. 16
Clause 60 Amendment of s 5.1.10 (Application of infrastructure 17
charges) 18
Section 5.1.10-- 19
insert-- 20
`(2) However, if the local government and the State infrastructure 21
provider for State-controlled roads agree, the infrastructure 22
charge may be used to provide works for the local government 23
road network.'. 24
Clause 61 Amendment of s 5.1.24 (Conditions local governments 25
may impose for necessary trunk infrastructure) 26
(1) Section 5.1.24(1)(c), `crosses'-- 27
omit, insert-- 28
`is located on'. 29
(2) Section 5.1.24(3), `construct'-- 30
omit, insert-- 31
s 62 35 s 63
Integrated Planning and Other Legislation Amendment
Bill 2006
`supply'. 1
(3) Section 5.1.24(4), `constructed'-- 2
omit, insert-- 3
`supplied'. 4
(4) Section 5.1.24(5)(b), `network'-- 5
omit, insert-- 6
`network for the premises'. 7
Clause 62 Amendment of s 5.1.29 (Requirements for conditions 8
about safety or efficiency) 9
Section 5.1.29-- 10
insert-- 11
`(2) Subsection (3) applies if-- 12
(a) a development approval no longer has effect; and 13
(b) a contribution for infrastructure for safety and efficiency 14
has been made; and 15
(c) construction of the infrastructure had not substantially 16
commenced before the approval ceased to have effect. 17
`(3) The State infrastructure provider must repay, to the person 18
who made the contribution, any part of the contribution the 19
State infrastructure provider has not spent, or contracted to 20
spend, on the design and construction of the infrastructure 21
before the provider is told the approval has ceased to have 22
effect.'. 23
Clause 63 Amendment of s 5.1.30 (Requirements for conditions 24
about additional infrastructure costs) 25
(1) Section 5.1.30(4)(b), `had'-- 26
omit, insert-- 27
`has'. 28
(2) Section 5.1.30(5), `the infrastructure.'-- 29
omit, insert-- 30
s 64 36 s 67
Integrated Planning and Other Legislation Amendment
Bill 2006
`the infrastructure before the provider is told the approval has 1
ceased to have effect.'. 2
Clause 64 Amendment of s 5.4.4 (Limitations on compensation 3
under ss 5.4.2 and 5.4.3) 4
(1) Section 5.4.4(1)(a), `in respect of'-- 5
omit, insert-- 6
`other than a temporary local planning instrument, in relation 7
to'. 8
(2) Section 5.4.4(1)-- 9
insert-- 10
`(ea) is about the matters comprising a planning scheme 11
policy to which section 6.1.20 applies; or'. 12
Clause 65 Amendment of s 5.4.9 (Calculating reasonable 13
compensation involving changes) 14
Section 5.4.9(3), after `came into effect'-- 15
insert-- 16
`, disregarding any temporary local planning instrument,'. 17
Clause 66 Amendment of s 5.5.1 (Local government may take or 18
purchase land) 19
Section 5.5.1(1)(b)(i), `the land'-- 20
omit, insert-- 21
`land'. 22
Clause 67 Amendment of s 5.7.2 (Documents local government 23
must keep available for inspection and purchase) 24
(1) Section 5.7.2(1)(s), `2000'-- 25
omit, insert-- 26
`2001'. 27
s 68 37 s 70
Integrated Planning and Other Legislation Amendment
Bill 2006
(2) Section 5.7.2(3), before paragraph (a)-- 1
insert-- 2
`(aa) for the infrastructure charges register--the amount of a 3
charge unit decided by the local government under 4
section 5.1.6(3);'. 5
Clause 68 Amendment of s 5.7.4 (Documents assessment manager 6
must keep available for inspection and purchase) 7
Section 5.7.4-- 8
insert-- 9
`(3) If the assessment manager has a website of a type stated in 10
guidelines approved by the chief executive, for subsection 11
(1)(a), the assessment manager must publish all decision 12
notices and negotiated decision notices given after the 13
commencement of this subsection on the website in the way 14
stated in the guidelines. 15
`(4) Subsection (3) does not apply to a decision notice or a 16
negotiated decision notice given by a private certifier.'. 17
Clause 69 Amendment of s 5.8.14 (How IDAS applies for 18
development the subject of an EIS) 19
Section 5.8.14(2)(b), `3.3.5 to 3.3.13'-- 20
omit, insert-- 21
`3.3.6 to 3.3.9'. 22
Clause 70 Amendment of s 5.9.9 (Chief executive may issue 23
guidelines) 24
Section 5.9.9(1)-- 25
insert-- 26
`(c) the type of assessment manager websites on which 27
decision notices and negotiated decision notices must be 28
published under section 5.7.4, and the way in which the 29
notices must be published; or 30
s 71 38 s 71
Integrated Planning and Other Legislation Amendment
Bill 2006
(d) the form in which local planning instruments must be 1
given to the chief executive under any of the 2
following-- 3
(i) schedule 1, section 21(b); 4
(ii) schedule 2, section 5(b); 5
(iii) schedule 3, section 8(b).'. 6
Clause 71 Amendment of s 6.1.20 (Planning scheme policies for 7
infrastructure) 8
(1) Section 6.1.20(2)-- 9
omit, insert-- 10
`(2) The planning scheme policy must state each of the 11
following-- 12
(a) a contribution (an infrastructure contribution) for each 13
development infrastructure network identified in the 14
policy; 15
(b) the estimated proportion of the establishment cost of 16
each network to be funded by the contribution; 17
(c) when it is anticipated the infrastructure forming part of 18
the network will be provided; 19
(d) the estimated establishment cost of the infrastructure; 20
(e) each area in which the contribution applies; 21
(f) each type of lot or use for which the contribution 22
applies; 23
(g) how the contribution must be calculated for-- 24
(i) each area mentioned in paragraph (e); and 25
(ii) each type of lot or use mentioned in paragraph (f). 26
`(2A) An infrastructure contribution may apply to development 27
infrastructure-- 28
(a) despite section 2.1.2--that is not within, or completely 29
within, the local government's area; or 30
s 71 39 s 71
Integrated Planning and Other Legislation Amendment
Bill 2006
(b) that is not owned by the local government, if the owner 1
of the infrastructure agrees; or 2
(c) supplied by a local government on a State-controlled 3
road.1 4
`(2B) The infrastructure contribution must be for a development 5
infrastructure network that services, or is planned to service, 6
premises and is identified in the policy. 7
`(2C) The infrastructure contribution required under the policy may 8
be calculated-- 9
(a) in the way permitted under the repealed Act; or 10
(b) as if it were an infrastructure charge under this Act. 11
`(2D) If a policy prepared under this section requires an 12
infrastructure contribution for works for the local function of 13
a State-controlled road, the contribution must be-- 14
(a) separately accounted for; and 15
(b) used to provide works on a State-controlled road.'. 16
(2) Section 6.1.20(3), after `plan,'-- 17
insert-- 18
`an infrastructure charges schedule or a regulated 19
infrastructure charges schedule,'. 20
(3) Section 6.1.20(3), `plan.'-- 21
omit, insert-- 22
`plan, the infrastructure charges schedule or the regulated 23
infrastructure charges schedule.'. 24
(4) Section 6.1.20(4)-- 25
omit, insert-- 26
`(4) This section expires on-- 27
(a) 30 June 2007; or 28
(b) if the Minister, by gazette notice, nominates a later day 29
for the planning scheme--the later day.'. 30
1 See the Transport Infrastructure Act 1994, sections 32 and 41.
s 72 40 s 75
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 72 Amendment of s 6.1.21 (IPA planning schemes cancel 1
existing planning scheme policies) 2
Section 6.1.21, from `are cancelled from'-- 3
omit, insert-- 4
`are cancelled from-- 5
(a) the day the adoption of the IPA planning scheme is 6
notified in the gazette; or 7
(b) if a later day for the commencement of the IPA planning 8
scheme is stated in the IPA planning scheme--the later 9
day.'. 10
Clause 73 Amendment of s 6.1.31 (Conditions about infrastructure 11
for applications) 12
(1) Section 6.1.31(3)(b)(i), `31 March 2006'-- 13
omit, insert-- 14
`30 June 2007'. 15
(2) Section 6.1.31(4) and (5)-- 16
omit. 17
Clause 74 Amendment of s 6.1.54 (Provisions applying for 18
State-controlled roads) 19
(1) Section 6.1.54(3) and (6), `sections 3.5.32(1) and 3.5.35'-- 20
omit, insert-- 21
`section 3.5.32(1)'. 22
(2) Section 6.1.54(5), `3.3.5'-- 23
omit, insert-- 24
`3.3.6'. 25
Clause 75 Amendment of s 6.5.1 (When particular development 26
approvals lapse) 27
(1) Section 6.5.1(2) and (3), `March'-- 28
s 76 41 s 76
Integrated Planning and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`June'. 2
(2) Section 6.5.1(4) and (5)-- 3
omit, insert-- 4
`(4) Subsection (5) applies if, for a development approval-- 5
(a) the currency period for the approval has lapsed; but 6
(b) subsection (2) still has effect. 7
`(5) A person may apply to extend the date mentioned in 8
subsection (2) using sections 3.5.22 and 3.5.23 as if the date 9
were the day the currency period for the development 10
approval ended. 11
`(6) For this section-- 12
currency period has the same meaning it had immediately 13
before the commencement of the Integrated Planning and 14
Other Legislation Amendment Act 2006, section 39. 15
works associated with the change of use includes works, 16
including, for example, demolishing, excavating or filling, 17
carried out to prepare premises for carrying out other works 18
associated with the material change of use of premises.'. 19
Clause 76 Insertion of new ch 6, pt 7 20
After chapter 6, part 6-- 21
insert-- 22
`Part 7 Transitional provisions for 23
Integrated Planning and Other 24
Legislation Amendment Act 25
2006 26
`6.7.1 Referral coordination required for undecided 27
applications 28
`(1) This section applies to a development application if the 29
application-- 30
s 76 42 s 76
Integrated Planning and Other Legislation Amendment
Bill 2006
(a) has not been decided by the day the Integrated Planning 1
and Other Legislation Act 2006, section 26 commences; 2
and 3
(b) but for this section, would have required referral 4
coordination. 5
`(2) Despite the commencement, if referral coordination has not 6
been carried out for the application, the application still 7
requires referral coordination. 8
`(3) In this section-- 9
referral coordination means referral coordination under this 10
Act, as it was before the commencement. 11
`6.7.2 Currency periods for development approvals that 12
have not lapsed 13
`(1) Sections 3.5.21 to 3.5.23, as amended by the Integrated 14
Planning and Other Legislation Act 2006, section 39, apply 15
for a development approval-- 16
(a) that has not lapsed; and 17
(b) whether or not the approval was given before or after the 18
commencement of that section. 19
`(2) A reference to the currency period in a development approval 20
given before the commencement is taken to be a reference to 21
the relevant period mentioned in section 3.5.21 after the 22
commencement. 23
`(3) However, a request made under section 3.5.22 but not decided 24
before the commencement must be decided as if the 25
amendment had not commenced. 26
`(4) Despite subsection (1), if the approval had not lapsed only 27
because section 6.5.1, as it applied before the commencement, 28
stopped it from lapsing, only section 6.5.1, as it applies after 29
the commencement, applies for the approval. 30
`6.7.3 Sufficient grounds for decisions 31
`(1) This section applies to a development application if the 32
application was made, but not decided, before the Integrated 33
s 77 43 s 77
Integrated Planning and Other Legislation Amendment
Bill 2006
Planning and Other Legislation Act 2006, section 36 1
commenced. 2
`(2) Sections 3.5.13 and 3.5.14, as they were before the 3
commencement, apply for the application. 4
`6.7.4 Decision notices for applications made before 5
commencement 6
`(1) This section applies to a development application if the 7
application was made, but not decided, before the Integrated 8
Planning and Other Legislation Act 2006, section 38 9
commenced. 10
`(2) Section 3.5.15, as it was before the commencement, applies 11
for the application.'. 12
Clause 77 Amendment of sch 1 (Process for making or amending 13
planning schemes) 14
(1) Schedule 1, part 1, section 8A(2), `resolution'-- 15
omit, insert-- 16
`proposal'. 17
(2) Schedule 1, part 3, section 19-- 18
insert-- 19
`(2) If the local government decides not to proceed with the 20
proposed planning scheme, it must, as soon as practicable 21
after making the decision publish, at least once in both a 22
newspaper circulating generally in the local government's 23
area and in the gazette, a notice stating-- 24
(a) the name of the local government; and 25
(b) that the local government has decided not to proceed 26
with the proposed planning scheme; and 27
(c) the reasons for the decision. 28
`(3) On the day the local government publishes the notice (or as 29
soon as practicable after the day), the local government must 30
give the chief executive a copy of the notice.'. 31
(3) Schedule 1, part 3, section 21(b), after `scheme'-- 32
s 78 44 s 80
Integrated Planning and Other Legislation Amendment
Bill 2006
insert-- 1
`in the form mentioned in section 5.9.9(1)(d)'. 2
Clause 78 Amendment of sch 2 (Process for making temporary local 3
planning instruments) 4
Schedule 2, part 2, section 5(b), after `instrument'-- 5
insert-- 6
`in the form mentioned in section 5.9.9(1)(d)'. 7
Clause 79 Amendment of sch 3 (Process for making or amending 8
planning scheme policies) 9
(1) Schedule 3, part 2-- 10
insert-- 11
`4A Consultation stage does not apply in certain 12
circumstances 13
`Sections 1(2) and 2 to 4 need not be complied with if the 14
amendment is a minor amendment of a planning schedule 15
policy.'. 16
(2) Schedule 3, part 3, section 8(b), after `amendment'-- 17
insert-- 18
`in the form mentioned in section 5.9.9(1)(d)'. 19
Clause 80 Amendment of sch 8 (Assessable development and 20
self-assessable development) 21
Schedule 8, part 2, tables 2 and 3-- 22
s 81 45 s 81
Integrated Planning and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`Table 2: Material change of use of premises
For aquaculture
1 For assessing a material change of use of premises against the Fisheries
Act 1994, making a material change of use of premises for aquaculture,
other than in a wild river area, if the change of use of premises does not
cause the discharge of waste into Queensland waters and the
aquaculture--
(a) is--
(i) of indigenous freshwater fish species listed in the Fisheries
(Freshwater) Management Plan 1999, schedule 6; and
(ii) in a catchment listed in that schedule for that species for
aquarium display or human consumption only; and
(iii) carried out in ponds, or using above-ground tanks, that have a
total water surface area of no more than 5ha; or
(b) is of indigenous freshwater fish for aquarium display or human
consumption only, or nonindigenous freshwater fish for aquarium
display only, and is carried out using only above-ground tanks that
have--
(i) a floor area, excluding water storage area, of no more than 50m2;
and
(ii) a roof impervious to rain water; or
(c) is of indigenous marine fish for aquarium display only and is carried
out using only above-ground tanks that have a total floor area,
excluding water storage areas, of no more than 50m2.
Table 3: Reconfiguring a lot
1 Table not used.'.
Clause 81 Amendment of sch 8A (Assessment manager for 2
development applications) 3
(1) Schedule 8A, table 1, item 1(a)(i), `is'-- 4
omit, insert-- 5
`any aspect of the development is'. 6
(2) Schedule 8A, table 1, item 1(d), `local government area'-- 7
s 81 46 s 81
Integrated Planning and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`local government tidal area'. 2
(3) Schedule 8A, table 3, item 6(a)(i)-- 3
omit, insert-- 4
`(i) tidal work not in a port authority's strategic port 5
land tidal area or in local government's tidal area; 6
or'. 7
(4) Schedule 8A, table 4, item 2-- 8
omit, insert-- 9
`2 If tables 1, 2 and 3 do not apply and the application The chief executive
is for-- administering the
Vegetation
(a) 2 or more of the following-- Management Act
(i) operational work for the clearing of native 1999 and the Water
vegetation under the Vegetation Act 2000'.
Management Act 1999;
(ii) operational work for the taking or
interfering with, water under the Water Act
2000;
(iii) operational work for the construction of a
referrable dam under the Water Act 2000
or that will increase the storage capacity of
a referable dam by more than 10%;
(iv) development for removing quarry material
from a watercourse or lake as defined
under the Water Act 2000 if an allocation
notice is required under that Act; and
(b) no other assessable development.
(5) Schedule 8A, table 4, item 3, `and the application is for'-- 10
omit, insert-- 11
`and the application, whether or not the application is also for 12
1 or more of the matters mentioned in item 2(a), is for'. 13
(6) Schedule 8A, table 4, item 4(a), `; and' 14
omit, insert-- 15
`, whether or not the application also involves operational 16
work for waterway barrier works; and'. 17
(7) Schedule 8A, table 4, after item 5-- 18
s 82 47 s 82
Integrated Planning and Other Legislation Amendment
Bill 2006
insert-- 1
`5A If tables 1, 2 and 3 do not apply and the application The chief executive
is for-- administering the
Vegetation
(a) operational work that is the construction or Management Act
raising of a waterway barrier works; and
1999 and the Water
(b) operational work for the clearing of native Act 2000'.
vegetation under the Vegetation Management
Act 1999; and
(c) one or more of the matters stated in item
2(a)(ii) to (iv); and
(d) no other assessable development.
(8) Schedule 8A, table 4, item 6(b), `either of the following'-- 2
omit, insert-- 3
`either or both of the following, whether or not the application 4
also includes development mentioned in schedule 8, part 1, 5
table 4, items 6 to 8'. 6
(9) Schedule 8A, table 5, item 1, `The Minister'-- 7
omit, insert-- 8
`The entity decided by the Minister'. 9
(10) Schedule 8A, table 6, item 1(a), `3.3.20(1)' 10
omit, insert-- 11
`3.3.18(1)(c)'. 12
Clause 82 Amendment of sch 10 (Dictionary) 13
(1) Schedule 10, definitions applicant (both definitions) and 14
currency period-- 15
omit. 16
(2) Schedule 10, definitions referral assistance and referral 17
coordination-- 18
omit. 19
(3) Schedule 10-- 20
insert-- 21
s 82 48 s 82
Integrated Planning and Other Legislation Amendment
Bill 2006
`applicant-- 1
(a) for chapter 3, means the applicant for a development 2
application; or 3
(b) for a development application mentioned in chapter 4, 4
includes the person in whom the benefit of the 5
application vests. 6
Commonwealth Environment Act means the Environment 7
Protection and Biodiversity Conservation Act 1999 (Cwlth). 8
draft EIS means a draft EIS for section 5.8.6. 9
draft terms of reference, for an EIS, means a document 10
prepared by the chief executive under section 5.8.4(2). 11
EIS process means the process mentioned in chapter 5, part 8. 12
environmental management plan, for development to which 13
the EIS process applies, means a document prepared by the 14
proponent that proposes conditions and mechanisms to 15
manage the potential environmental impacts of the 16
development. 17
environmental nuisance see the Environmental Protection 18
Act 1994, section 15. 19
grounds, for sections 3.5.13 and 3.5.14-- 20
1 Grounds means matters of public interest. 21
2 Grounds may include 1 or more of the following-- 22
(a) the applicable code, laws or policies are, in terms 23
of their underlying assumptions, significantly out 24
of date or incorrect; 25
(b) the development is not addressed or adequately 26
addressed by the applicable code, laws or policies; 27
(c) one or more constraints for the development have 28
been identified by the assessment manager since 29
the applicable code, laws or policies were made; 30
(d) the development-- 31
(i) would satisfy an overriding need in the 32
public interest that outweighs any adverse 33
s 82 49 s 82
Integrated Planning and Other Legislation Amendment
Bill 2006
economic, social or environmental effects; 1
and 2
(ii) could not be reasonably located elsewhere 3
and still satisfy the need. 4
3 Grounds does not include the personal circumstances of 5
an applicant, owner or interested party. 6
IPA planning scheme means a planning scheme made under 7
schedule 1. 8
proponent means the person who proposes development to 9
which chapter 5, part 8 applies. 10
terms of reference, for an EIS, means the terms of reference 11
prepared by the chief executive under section 5.8.5.'. 12
(4) Schedule 10, definition deemed refusal, paragraph (b), 13
`currency period'-- 14
omit, insert-- 15
`period mentioned in section 3.5.21'. 16
(5) Schedule 10, definition development application (superseded 17
planning scheme), paragraphs (a)(iii) and (b)(iii), `was 18
adopted'-- 19
`took effect'. 20
(6) Schedule 10, definition development infrastructure, paragraph 21
(a)(iii), `local public parks infrastructure'-- 22
omit, insert-- 23
`public parks infrastructure supplied by a local government'. 24
(7) Schedule 10, definition establishment cost, paragraphs (a) to 25
(c)-- 26
renumber as paragraphs (b) to (d). 27
(8) Schedule 10, definition establishment cost-- 28
insert-- 29
`(a) the cost of preparing an infrastructure charges schedule, 30
including the desired standards of service and plans for 31
trunk infrastructure used to calculate the charges stated 32
in the infrastructure charges schedule; and'. 33
s 82 50 s 82
Integrated Planning and Other Legislation Amendment
Bill 2006
(9) Schedule 10, definition establishment cost, paragraphs (d)(iii), 1
as renumbered, from `--'-- 2
omit, insert-- 3
`--the value of the land at the time it was acquired, adjusted 4
for inflation.'. 5
(10) Schedule 10, definition freehold land, second mention-- 6
omit. 7
(11) Schedule 10, definition priority infrastructure area, item 8
1(a)-- 9
omit, insert-- 10
`(a) that is used, or approved for use, for any or all of 11
the following-- 12
(i) residential purposes, other than rural 13
residential purposes; 14
(ii) retail and commercial purposes; 15
(iii) industrial purposes; 16
(iv) community and government purposes related 17
to a purpose mentioned in subparagraphs (i) 18
to (iii); and'. 19
(12) Schedule 10, definition priority infrastructure plan, paragraph 20
(b), after `infrastructure'-- 21
insert-- 22
`the local government intends to supply or for which 23
infrastructure charges will be levied'. 24
(13) Schedule 10, definition priority infrastructure plan, paragraph 25
(d), `development'-- 26
omit, insert-- 27
`growth'. 28
(14) Schedule 10, definition urban area, paragraph (a)-- 29
omit, insert-- 30
s 83 51 s 85
Integrated Planning and Other Legislation Amendment
Bill 2006
`(a) an area, other than a rural residential or future rural 1
residential area, identified as a priority infrastructure 2
area in a priority infrastructure plan; or'. 3
Part 3 Building Act 1975 4
Clause 83 Act amended in pt 3 5
This part amends the Building Act 1975. 6
Clause 84 Amendment of s 12Q (Development approval for building 7
work for budget accommodation buildings) 8
Section 12Q(4)(b)-- 9
insert-- 10
`(iii) the building work involves an alternative solution, 11
within the meaning of the BCA, that includes a fire 12
safety management procedure as a condition of the 13
use and occupation of the building and the fire 14
safety management plan does not adequately 15
reflect the procedure. 16
17
Editor's note--
18
Under the BCA, part A1 (Interpretation), section A1.1 (Definitions)--
19
Alternative Solution means a Building Solution which complies with
20
the Performance Requirements other than by reason of satisfying the
21
Deemed-to-Satisfy Provisions.'.
Clause 85 Replacement of s 12R (Annual inspection of buildings for 22
which development approval is given) 23
Section 12R-- 24
omit, insert-- 25
`12R Random inspection of buildings for which 26
development approval is given 27
`(1) This section applies to a budget accommodation building if-- 28
s 86 52 s 86
Integrated Planning and Other Legislation Amendment
Bill 2006
(a) a development approval is given for building work for 1
the building after the commencement of this section; 2
and 3
(b) the building work involves an alternative solution, 4
within the meaning of the BCA, that includes fire safety 5
management procedures as a condition of the use and 6
occupation of the building. 7
`(2) The local government must, at least once every 3 years, 8
inspect the building to ensure the owner of the building is 9
complying with this part in relation to the building. 10
`(3) An inspection under subsection (2) may be made-- 11
(a) at any time the office of the local government is open for 12
business; and 13
(b) without notice. 14
`(4) The local government must keep-- 15
(a) a register of all buildings to which subsection (2) 16
applies; and 17
(b) a record of each inspection it makes under subsection 18
(2); and 19
(c) for each inspection--details about whether or not the 20
owner is complying with this part. 21
`(5) The local government must not charge a fee for an inspection 22
made under subsection (2).'. 23
Part 4 Amendment of Coastal 24
Protection and Management 25
Act 1995 26
Clause 86 Act amended in pt 4 27
This part amends the Coastal Protection and Management Act 28
1995. 29
s 87 53 s 89
Integrated Planning and Other Legislation Amendment
Bill 2006
Amendment of s 185 (Transition of coastal management
Clause 87 1
plans) 2
Section 185-- 3
insert-- 4
`(3) On the commencement of this subsection-- 5
(a) the approved Gold Coast scheme of works is taken to be 6
a development permit; and 7
(b) the works are taken to have been substantially started. 8
`(4) In this section-- 9
Gold Coast scheme of works means the document-- 10
(a) titled `Scheme Prepared by the Beach Protection 11
Authority Pursuant to the Beach Protection Act 12
1968-1970 for the Protection of all Beaches Situated at 13
the Gold Coast within Beach Erosion Control District 14
Nos 2 and 11 Against Both Erosion and Encroachment 15
by the Sea', as amended from time to time; and 16
(b) originally approved in March 1973 as a coastal 17
management plan under the Beach Protection Act, 18
section 38 and continued in force under subsection (2).'. 19
Clause 88 Amendment of s 188 (Applications to reconfigure a lot in 20
a coastal management district) 21
Section 188(4)(c)-- 22
omit. 23
Clause 89 Amendment of schedule (Dictionary) 24
(1) Schedule-- 25
insert-- 26
`currency period means the period mentioned in the 27
Integrated Planning Act 1997, section 3.5.21.'. 28
(2) Schedule, definition tidal works, paragraph 4(b), `building a 29
drain'-- 30
s 90 54 s 93
Integrated Planning and Other Legislation Amendment
Bill 2006
omit, insert-- 1
`building an open drain'. 2
Part 5 Currumbin Bird Sanctuary Act 3
1976 4
Clause 90 Act amended in pt 5 5
This part amends the Currumbin Bird Sanctuary Act 1976. 6
Clause 91 Amendment of s 2 (Meaning of terms) 7
Section 2, definition National Trust, after `1963'-- 8
insert-- 9
`, and any wholly owned subsidiary of it established for the 10
purpose of conducting and operating the Currumbin bird 11
sanctuary'. 12
Part 6 Environmental Protection Act 13
1994 14
Clause 92 Act amended in pt 6 15
This part amends the Environmental Protection Act 1994. 16
Clause 93 Amendment of sch 1 (Original decisions) 17
Schedule 1, part 1, division 2-- 18
insert-- 19
`145P(6) Decision to require the giving of financial assurance'.
s 94 55 s 99
Integrated Planning and Other Legislation Amendment
Bill 2006
Part 7 Fisheries Act 1994 1
Clause 94 Act amended in pt 7 2
This part amends the Fisheries Act 1994. 3
Clause 95 Amendment of schedule (Dictionary) 4
Schedule, definition currency period-- 5
omit, insert-- 6
`currency period, for a development approval, means the 7
period mentioned in the Planning Act, section 3.5.21.'. 8
Part 8 Liquor Act 1992 9
Clause 96 Act amended in pt 8 10
This part amends the Liquor Act 1992. 11
Clause 97 Amendment of s 4 (Definitions) 12
Section 4, definition relevant period, `currency'-- 13
omit. 14
Part 9 Nature Conservation Act 1992 15
Clause 98 Act amended in pt 9 16
This part amends the Nature Conservation Act 1992. 17
Clause 99 Insertion of new s 174AA-- 18
After section 174A-- 19
s 100 56 s 101
Integrated Planning and Other Legislation Amendment
Bill 2006
insert-- 1
`174AA Operation of 2005 SL No. 138 2
`(1) The amending regulation provisions are taken to have had 3
effect as if the references in the provisions to the Nature 4
Conservation (Wildlife) Regulation 1994, schedule 5, sections 5
6, 7, 8 and 9 had been references to sections 7, 8, 9 and 10 6
respectively of that schedule. 7
`(2) In this section-- 8
amending regulation provisions means the Nature 9
Conservation and Other Legislation Amendment Regulation 10
(No. 2) 2005, section 31(9) to (11). 11
`(3) This section expires the day after it commences. 12
`(4) This section is a law to which the Acts Interpretation Act 13
1954, section 20A applies.'. 14
Part 10 Plumbing and Drainage Act 15
2002 16
Clause 100 Act amended in pt 10 17
This part amends the Plumbing and Drainage Act 2002. 18
Clause 101 Amendment of schedule (Dictionary) 19
Schedule, definition greywater application area, `subsurface' 20
omit, insert-- 21
`subsurface or surface'. 22
s 102 57 s 105
Integrated Planning and Other Legislation Amendment
Bill 2006
Part 11 Prostitution Act 1999 1
Clause 102 Act amended in pt 11 2
This part amends the Prostitution Act 1999. 3
Clause 103 Amendment of s 64K (Appeals by applicants) 4
Section 64K(1)(d), `currency period'-- 5
omit, insert-- 6
`period mentioned in the Integrated Planning Act, section 7
3.5.21'. 8
Part 12 Townsville City Council 9
(Douglas Land Development) 10
Act 1993 11
Clause 104 Act amended in pt 12 12
This part amends the Townsville City Council (Douglas Land 13
Development) Act 1993. 14
Clause 105 Amendment of s 4 (Definitions) 15
(1) Section 4, definition Townsville planning scheme-- 16
omit. 17
(2) Section 4-- 18
insert-- 19
`Townsville IPA planning scheme means the IPA planning 20
scheme, under the Integrated Planning Act 1997, for the City 21
of Townsville. 22
s 106 58 s 107
Integrated Planning and Other Legislation Amendment
Bill 2006
Townsville planning scheme means-- 1
(a) until 31 December 2004--the planning scheme for the 2
City of Townsville in force under the Local Government 3
(Planning and Environment) Act 1990 and continued in 4
force under the Integrated Planning Act 1997, including 5
any by-laws that had effect as if they were part of the 6
planning scheme; and 7
(b) on and from 1 January 2005--the Townsville IPA 8
planning scheme.'. 9
Clause 106 Amendment of s 30 (Procedure for inclusion in planning 10
scheme) 11
Section 30, heading-- 12
omit, insert-- 13
`30 Procedure for inclusion in Townsville planning scheme 14
until 31 December 2004'. 15
Clause 107 Insertion of new ss 30A and 30B 16
In part 5, after section 30-- 17
insert-- 18
`30A Procedure for inclusion in Townsville IPA planning 19
scheme on and after 1 January 2005 20
`(1) To include a stage in the Townsville IPA planning scheme the 21
process set out in the Integrated Planning Act 1997, schedule 22
1 must be followed. 23
`(2) In acting under subsection (1), the council must have regard to 24
all matters contained in the master plan or plans and any 25
agreements under part 3. 26
`(3) Subsection (4) applies if a person has an interest in land and 27
the value of the interest is reduced when a stage is included in 28
the Townsville IPA planning scheme. 29
`(4) The person has the right to claim compensation for the 30
reduction under the Local Government (Planning and 31
Environment) Act 1990 (repealed), as if that Act had not been 32
repealed. 33
s 108 59 s 110
Integrated Planning and Other Legislation Amendment
Bill 2006
`30B Validation 1
`(1) The amendments are taken to have been validly made. 2
`(2) In this section-- 3
amendments means the amendments of the Townsville 4
planning scheme made, or purported to have been made, 5
under part 5 and published in the gazette on the following 6
dates-- 7
(a) 12 July 2002, at page 976; 8
(b) 4 April 2003, at page 1140; 9
(c) 12 August 2005, at pages 1288-1289.'. 10
Clause 108 Amendment of s 35 (Conditions, requirements and 11
restrictions attach to the land) 12
Section 35(3), after `1990'-- 13
insert-- 14
`or the Integrated Planning Act 1997'. 15
Part 13 Vegetation Management Act 16
1999 17
Clause 109 Act amended in pt 13 18
This part amends the Vegetation Management Act 1999. 19
Clause 110 Amendment of schedule (Dictionary) 20
Schedule, definition currency period, `currency period as 21
worked out under'-- 22
omit, insert-- 23
`period mentioned in'. 24
s 111 60 s 113
Integrated Planning and Other Legislation Amendment
Bill 2006
Part 14 Wet Tropics World Heritage 1
Protection and Management 2
Act 1993 3
Clause 111 Act amended in pt 14 4
This part amends the Wet Tropics World Heritage Protection 5
and Management Act 1993. 6
Clause 112 Amendment of s 14 (Composition of board) 7
(1) Section 14, `6 directors'-- 8
omit, insert-- 9
`7 directors'. 10
(2) Section 14(a), `1 person'-- 11
omit, insert-- 12
`the chairperson,'. 13
(3) Section 14-- 14
insert-- 15
`(ab) 1 Aboriginal person appointed on the nomination of the 16
Ministerial Council;'. 17
(4) Section 14-- 18
insert-- 19
`(2) The Aboriginal person appointed under subsection (1)(ab) 20
must be particularly concerned with land in the wet tropics 21
area.2'. 22
Clause 113 Omission of s 19 (Chairperson) 23
Section 19-- 24
omit. 25
2 For when an aboriginal person is particularly concerned with the land, see section 5
(Aboriginal people particularly concerned with land).
s 114 61 s 114
Integrated Planning and Other Legislation Amendment
Bill 2006
Clause 114 Amendment of s 29 (Quorum and voting at meetings) 1
Section 29(a), `3'-- 2
omit, insert-- 3
`4'. 4
62
Integrated Planning and Other Legislation Amendment
Bill 2006
Schedule Minor amendments of 1
Integrated Planning Act 1997 2
section 3 3
1 Section 2.1.15(2), `(1)(c)'-- 4
omit. 5
2 Section 2.1.23(4)(b), `3.2.5'-- 6
omit, insert-- 7
`3.2.7'. 8
3 Section 2.5A.19(1)(b), `and a'-- 9
omit, insert-- 10
`as if a'. 11
4 Section 3.5.14A(2)(c), `subsection (1)(a) and (b) does'-- 12
omit, insert-- 13
`paragraphs (a) and (b) do'. 14
5 Section 6.1.1, definition IPA planning scheme-- 15
omit. 16
6 Chapter 6, part 5, heading, `provisions'-- 17
omit, insert-- 18
`provision'. 19
7 Schedule 3, part 3, section 5(2)-- 20
omit. 21
63
Integrated Planning and Other Legislation Amendment
Bill 2006
Schedule (continued)
8 Schedule 8, part 1, table 2, item 3, `171'-- 1
omit, insert-- 2
`286'. 3
9 Schedule 8, part 1, table 3, item 1(c), `42A'-- 4
omit, insert-- 5
`41'. 6
10 Schedule 8, part 1, table 3, item 1(d), `42C'-- 7
omit, insert-- 8
`43'. 9
11 Schedule 8A, table 4, items 4 to 9, `table 1,'-- 10
omit, insert-- 11
`tables 1,'. 12
12 Schedule 8A, table 4, items 8 and 9, `2 or 3'-- 13
omit, insert-- 14
`2 and 3'. 15
13 Schedule 8A, table 4, items 8 and 9, `does'-- 16
omit, insert-- 17
`do'. 18
14 Schedule 9, table 1, heading-- 19
insert-- 20
`Building work'. 21
64
Integrated Planning and Other Legislation Amendment
Bill 2006
Schedule (continued)
15 Schedule 9, table 3, item 2(c), `42A'-- 1
omit, insert-- 2
`41'. 3
16 Schedule 9, table 3, item 2(d), `42C'-- 4
omit, insert-- 5
`43'. 6
17 Schedule 9, table 4, heading before item 6, `, section 70' 7
omit. 8
18 Schedule 9, table 5, item 1(a), second and sixth dot 9
points-- 10
omit. 11
19 Schedule 10, definition, ancillary works and 12
encroachments, `schedule 3'-- 13
omit, insert-- 14
`schedule 6'. 15
20 Schedule 10, definition, information request, `sections 16
3.3.6 and 3.3.7'-- 17
omit, insert-- 18
`section 3.3.6'. 19
21 Schedule 10, definition, life cycle cost-- 20
omit. 21
65
Integrated Planning and Other Legislation Amendment
Bill 2006
Schedule (continued)
22 Schedule 10, definition reviewer's report-- 1
omit. 2
23 Schedule 10, definition strategic port land, `section 3
171(5)'-- 4
omit, insert-- 5
`section 286(5)'. 6
© State of Queensland 2006
AMENDMENTS TO BILL
1
Integrated Planning and Other Legislation Amendment
Bill 2006
Integrated Planning and Other Legislation
Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 76--
At page 42, after line 11--
insert--
` `6.7.1A Notification period for particular applications
`(1) This section applies to a development application if--
(a) it requires public notification under chapter 3, part 4;
and
(b) it is made after the commencement of the Integrated
Planning and Other Legislation Amendment Act 2006,
section 26; and
(c) any of the following apply for the application--
(i) there are 3 or more concurrence agencies;
(ii) all or part of the development--
(A) is assessable under a planning scheme; and
(B) is prescribed under a regulation;
(iii) all or part of the development is the subject of an
application for a preliminary approval mentioned
in section 3.1.6.
`(2) Despite section 3.4.5(a), the notification period, under that
section, for the application is 30 business days starting on the
day after the last action under section 3.4.4(1) is carried out.'.
2 Clause 82--
At page 48, lines 22 to 33 and page 49, lines 1 to 4--
omit.
2
Integrated Planning and Other Legislation Amendment
Bill 2006
3 Clause 82--
At page 49, line 5, `3'--
omit, insert--
`2'.
4 Clause 82--
At page 49, after line 19--
insert--
`omit, insert--'.
5 Clause 82--
At page 49, line 28, after `establishment cost'--
insert--
`, paragraph (a)'.
6 Clause 82--
At page 49, line 29--
omit, insert--
`omit, insert--'.
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