Queensland Consolidated Acts

PLANNING AND ENVIRONMENT COURT ACT 2016

- As at 22 July 2024 
- Act 26 of 2016 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Dictionary

   PART 2 - ESTABLISHMENT AND JURISDICTION

           Division 1 - Establishment

   4.      Continuation
   5.      Constituting P&E Court
   6.      Chief Judge has overall responsibility for P&E Court

           Division 2 - General jurisdiction

   7.      Jurisdiction
   8.      District Court jurisdiction unimpaired
   9.      When P&E Court must remit to tribunal
   10.     Principles for exercising jurisdiction

           Division 3 - Declaratory jurisdiction

   11.     General declaratory jurisdiction
   12.     Declaratory jurisdiction for particular matters under Planning Act

   PART 3 - RULES AND ORDERS OR DIRECTIONS

   13.     Rules
   14.     Orders and directions

   PART 4 - POWERS AND PROCEDURE (GENERAL)

           Division 1 - Alternative dispute resolution

              Subdivision 1 - ADR process

   15.     Purpose of subdivision
   16.     ADR process
   17.     Referral to ADR process
   18.     Resolution agreement
   19.     Documents to be filed
   20.     Orders giving effect to resolution agreement
   21.     Preservation of confidentiality

              Subdivision 2 - P&E Court proceedings

   22.     ADR registrar’s powers on Chief Judge’s direction
   23.     ADR registrar’s powers to hear and decide
   24.     Conduct of proceedings
   25.     Reference to P&E Court by ADR registrar
   26.     Review by P&E Court

              Subdivision 3 - ADR registrar’s powers

   27.     ADR registrar’s powers—general
   28.     Provision for exercise of ADR registrar’s powers

           Division 2 - Powers

   29.     Where P&E Court may sit
   30.     Adjournments
   31.     Subpoenas
   32.     P&E Court may extend period to take an action
   33.     Taking and recording evidence
   34.     Power to state case for Court of Appeal
   35.     Terms of orders etc.
   36.     Contempt
   37.     Discretion to deal with noncompliance
   38.     What happens if P&E Court judge or ADR registrar dies or is incapacitated

           Division 3 - Parties

   39.     Planning Minister
   40.     Appearance
   41.     Representative proceedings in particular cases

           Division 4 - Miscellaneous

   42.     P&E Court proceedings open to public
   43.     Nature of appeal in general
   44.     Privileges, protection and immunity

   PART 5 - PLANNING ACT PROCEEDINGS
   Note—

           Division 1 - Planning Act appeals

   45.     Who must prove case
   46.     Nature of appeal
   47.     Appeal decision

           Division 2 - Evidence in P&E Court proceedings

   48.     Application of division
   49.     Appointments and authority
   50.     Signatures
   51.     Instruments, equipment and installations
   52.     Analyst’s certificate or report
   53.     Evidence of planning instruments or designations
   54.     Planning instruments presumed to be within power
   55.     Evidence of local planning instruments
   56.     Effect of planning and development certificates
   57.     Evidentiary aids generally

   PART 6 - COSTS

   58.     Definitions for part
   59.     General costs provision
   60.     Orders for costs
   61.     Orders for costs for particular proceedings
   62.     Procedures, scale and enforcement of orders for costs

   PART 7 - APPEALS TO COURT OF APPEAL

   63.     Who may appeal
   64.     When leave to appeal must be sought and appeal made
   65.     Court of Appeal’s powers

   PART 8 - REGISTRY AND OFFICERS

   66.     Registrars and other officers
   67.     ADR registrar
   68.     Registries
   69.     P&E Court records

   PART 9 - MISCELLANEOUS

   70.     Annual report
   71.     Judicial notice
   72.     Approval of forms
   73.     Regulation-making power

   PART 10 - SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1 - Savings and transitional provisions for Act No. 26 of 2016
           Note—

   74.     Definitions for division
   75.     Continuance of existing judgeships
   76.     Proceedings
   77.     Continuance of existing orders and directions
   78.     Existing references to court

           Division 2 - Transitional provisions for Economic Development and Other Legislation Amendment Act 2019

   79.     Application of division
   80.     Definition for division
   81.     Applying s 37 and pt 6 to proceedings
   82.     Appeals about particular applications under repealed SPA

           Division 3 - Transitional provision for Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024

   83.     Application of new s 45 to particular Planning Act appeals
           SCHEDULE 1