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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971
- As at 1 July 2019
- Act 55 of 1971
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Definitions
PART 2 - ADMINISTRATION
Division 1 - Coordinator-General and Deputy Coordinator-General
3. Administration of Act
4. Appointment of Coordinator-General
5. Appointment of Deputy Coordinator-General
6. Tenure of appointment under ss 4 and 5
7. Termination of appointment under ss 4 and 5
7A. Appointment of acting Deputy Coordinator-General
Division 2 - Incorporation of Coordinator-General and functions
8. Incorporation of Coordinator-General
9. Coordinator-General represents Crown
10. Functions of Coordinator-General
11. Power of delegation
12. Power to hold inquiry
13. Cooperation with Coordinator-General
14. Appointment of persons to help Coordinator-General
Division 3 - Officers and workers of Coordinator-General
15. Appointment of workers
16. Services of technical advisers
PART 3 - PROGRAM OF WORKS
17. Program of works
18. Selection of works for program of works and their performance
19. Submission of program of works to Governor in Council
20. Alterations to approved program of works
21. Implementation of program of works as approved
22. Local body’s application for assistance examined by Coordinator-General
23. Objectives of comprehensive program of works
PART 4 - ENVIRONMENTAL COORDINATION
Division 1 - Preliminary
24. Definitions for pt 4
25. Supervision of environment
Division 1A - Coordinator-General’s costs of environmental coordination process
25A. Fees for pt 4
25AA. Coordinator-General may waive or reduce fee
25B. Recovering the cost of advice or services for environmental coordination
Division 2 - Coordinated project
Subdivision 1 - Power to declare coordinated project
26. Declaration of coordinated project
27. Matters Coordinator-General considers before making declaration
Subdivision 2 - Applying for and obtaining coordinated project declaration
27AA. Who may apply
27AB. Requirements for application
27ABA. Coordinator-General may refuse to receive or process application for declaration
27AC. Deciding application
Subdivision 3 - Miscellaneous provisions
27AD. Application of Judicial Review Act 1991
27AE. Notice of change of proponent, contact details or registered office
27AF. Cancellation of declaration
27A. Lapsing of declaration if EIS required
27B. Lapsing of declaration if IAR required
28. Application of divs 3–8
Division 3 - Assessment process
Subdivision 1 - EIS process
29A. Application of sdiv 1
29. Notice of requirement for EIS and of draft terms of reference
29Q. (Repealed)
30. Finalising terms of reference
31. Coordinator-General may seek information to assist preparation of EIS
32. Preparation of draft EIS
33. Public notification of draft EIS
34. Making submissions on draft EIS
34A. Coordinator-General decides whether to accept draft EIS as final EIS
34B. Giving notice of decision
34C. Requirement to give additional information
34D. Report evaluating EIS
Subdivision 2 - IAR process
34E. Application of sdiv 2
34F. Notice of requirement for IAR
34G. Preparation of draft IAR
34H. Public notification of draft IAR
34I. Coordinator-General decides whether to accept draft IAR as final IAR
34J. Giving notice of decision
34K. Requirement to provide additional information
34L. Report evaluating IAR
35. (Repealed)
Subdivision 3 - Amendment and lapsing of Coordinator-General’s report
35AA. Amendment of Coordinator-General’s report
35A. Lapsing of Coordinator-General’s report
Division 3A - Changes to project
Subdivision 1 - Assessment of changes to project or conditions of project on proponent’s application
35B. Application of sdiv 1
35C. Application for evaluation of environmental effects of proposed change
35D. (Repealed)
35E. Requirements for application
35F. Coordinator-General may seek comments or information
35G. Public notice
35H. Criteria for evaluating proposed change
35I. Coordinator-General’s change report
35J. Distribution of Coordinator-General’s change report
35K. Relationship with Coordinator-General’s report
35KA. Amendment of Coordinator-General’s change report
35L. Lapsing of Coordinator-General’s change report
Subdivision 2 - Assessment of changes to project on Coordinator-General’s own initiative
35M. Application of sdiv 2
35N. Procedure for making assessment
Division 4 - Relationship with Planning Act
Subdivision 1 - Development approvals
36. Application of sdiv 1
37. Applications for material change of use or requiring impact assessment
37A. (Repealed)
38. When decision-making period for relevant application starts
39. Application of Coordinator-General’s report to assessment of relevant application under Planning Act
40. Decision maker to be given copy of Coordinator-General’s report
40A. (Repealed)
40B. (Repealed)
41. Referral agencies for conditions of development approvals
42. (Repealed)
42A. Application of Coordinator-General’s change report to assessment of relevant application under Planning Act
Subdivision 2 - Designation of premises under Planning Act for development of infrastructure
43. Application of Coordinator-General’s report to designation
Division 5 - Relationship with Mineral Resources Act
44. Application of div 5
45. Application of Coordinator-General’s report to proposed mining lease
46. Coordinator-General’s conditions override other conditions
47. (Repealed)
47A. Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
Division 6 - Relationship with Environmental Protection Act
47B. Application of div 6
47C. Application of Coordinator-General’s report to environmental authority
47D. (Repealed)
48. (Repealed)
49. (Repealed)
Division 6A - Relationship with Petroleum and Gas (Production and Safety) Act 2004
49A. Application of div 6A
49B. Application of Coordinator-General’s report to lease or licence
49C. Paramountcy of conditions determined or declared under Native Title Act 1993 (Cwlth)
Division 6B - Relationship with Greenhouse Gas Storage Act 2009
49D. Application of div 6B
49E. Application of Coordinator-General’s report to proposed lease
Division 6C - Relationship with Geothermal Energy Act 2010
49F. Application of div 6C
49G. Application of Coordinator-General’s report to proposed lease
Division 7 - Relationship with other legislation
50. Application of div 7
51. EIS under this part is EIS for other Act
52. Application of Coordinator-General’s report to other approval process
53. Person approving project to be given copy of Coordinator-General’s report
54. Coordinator-General’s report must be taken into consideration
Division 8 - Application of Coordinator-General’s report if no relevant approval
54A. Application of div 8
54B. Report may impose conditions
54C. Provision for what conditions may be imposed
54D. Effect of imposed conditions
54E. Imposed conditions override conditions of other approvals
54F. Provision about enforcement orders under the Planning Act
54G. Declaration-making powers
PART 4A - ASSESSMENT AND APPROVAL OF PARTICULAR COORDINATED PROJECTS UNDER BILATERAL AGREEMENT
Division 1 - Preliminary
54H. Application and purpose of pt 4A
54I. Definitions for pt 4A
Division 2 - Coordinated projects to be assessed under this part
54J. Declaration for coordinated project for this part
54K. Application for declaration
54L. Deciding application
54M. Cancellation of declaration
54N. Lapsing of declaration
Division 3 - Assessment and approval process
54O. Application of div 3
54P. Preparation of draft protected matters report
54Q. Public notification of draft protected matters report
54R. Proponent must finalise protected matters report after public notification
54S. Coordinator-General may seek further information or comments
54T. Decision about approving undertaking of coordinated project
54U. Conditions
54V. Jurisdiction for conditions
54W. Criteria for decision
54X. Notice of decision
54Y. Issuing environmental approval
Division 4 - Amendment of environmental approval
54Z. Application for amendment
54ZA. Coordinator-General may seek further information or comments
54ZB. Public notification of amendment application
54ZC. Deciding amendment application
54ZD. Notice of decision
54ZE. Issuing amended environmental approval
Division 5 - Cancelling or suspending environmental approval
54ZF. Cancellation or suspension at proponent’s request
54ZG. Cancellation or suspension for grounds including contravention or unforeseen significant impact
54ZH. Notice of proposed cancellation or suspension
54ZI. Notice of cancellation or suspension decision
54ZJ. Issuing amended environmental approval
54ZJA. Request to reinstate cancelled or suspended environmental approval
54ZJB. Coordinator-General may request information about reinstatement request
54ZJC. Deciding reinstatement request
Division 6 - Offences and compliance
54ZK. Failure to comply with environmental approval or conditions
54ZL. Compliance under Environmental Protection Act
54ZM. Declarations
Division 7 - Miscellaneous
54ZN. Fees for pt 4A
54ZO. Recovering the cost of advice or services for assessment
PART 5 - PRESCRIBED DEVELOPMENT
Division 1 - Declaration of prescribed development
55. Investigation of developments of State significance
56. Effect of investigation on local bodies
57. Declaration of prescribed developments
58. Notification of decision
Division 2 - Infrastructure coordination plans
59. Preparation of plans
60. Approval of infrastructure coordination plan
61. Variation of approved plan
62. Effect of approved plan
63. Local bodies may make and perform agreements etc.
64. Agreements to be furnished to Coordinator-General
65. Approval of agreements
66. Variation of approved agreement
Division 3 - Applications relating to prescribed development
67. Referral of applications
68. Remission of applications
69. Applications remaining with Coordinator-General
70. Advertisement calling for submissions
71. Determination of application
72. Effect of determination
73. Effect of reference on time limitations
74. Prescribed development to await approval
75. Withdrawal of applications
Division 4 - Information concerning development
76. Coordinator-General may obtain information
PART 5A - PRESCRIBED PROJECTS
Division 1 - Preliminary
76A. Purposes of pt 5A
76B. How the purposes are to be primarily achieved
76C. Application of other laws
76D. Definitions for pt 5A
Division 2 - Declaration of prescribed projects, duty to cooperate and requesting further information
76E. Declaration of prescribed project
76EA. Process applying to particular declarations
76F. When declaration ends
76G. Particular entities to cooperate with Coordinator-General
76H. Coordinator-General may seek further information
Division 3 - Notices about prescribed projects
Subdivision 1 - Progression notice
76I. Progression notice
Subdivision 2 - Notice to decide
76J. Notice to decide
Subdivision 3 - Step in notice
76K. Step in notice
76L. When step in notice may be given
76M. Providing assistance or recommendations
76N. Effects of step in notice
76O. Coordinator-General’s decision
76P. Effects of decision
76Q. Notice of decision
76R. Report about decision
Division 4 - Voluntary environmental agreements
76S. Entering into agreement
76T. Content and duration of agreement
76U. Recording of particular agreements
Division 5 - Other matters
76V. Recovering cost of particular advice or services
76W. Application of Judicial Review Act 1991
PART 6 - PLANNED DEVELOPMENT
Division 1 - State development areas
77. Declaration of State development areas, variation and termination thereof
78. Procedure in relation to State development areas
79. Preparation of development scheme
79A. Content of approved development scheme
80. Approval, implementation, and variation of development scheme
81. Abrogation of development scheme
82. Acquisition of land in State development area
83. Disposal of land in State development area
84. Development under approved development scheme
84AA. (Repealed)
84AB. (Repealed)
84A. Carrying out SDA assessable development without SDA approval
84B. SDA self-assessable development must comply with approved development scheme
84C. Compliance with SDA approval
84D. How to make SDA application
84E. Deciding SDA application
84F. Application to change SDA approval
84G. Duration of SDA approval
84H. When SDA approval lapses
85. Carrying out particular development, use or works not an offence
Division 2 - Compensation
Subdivision 1 - Preliminary
86. Definition for div 2
Subdivision 2 - Entitlement to compensation
87. Compensation
88. Limitations on compensation under s 87
Subdivision 3 - Claims for, and payment of, compensation
89. Time limit for claiming compensation
90. Deciding claims for compensation
91. Notification of decision
92. Calculating reasonable compensation involving changes
93. When compensation is payable
94. Payment of compensation to be recorded on title
Subdivision 4 - Appeals
95. Appeals against decisions on compensation claims
96. How appeals are started
97. Hearing procedures
98. Appeal decision
Division 3 - Undertaking of works by local bodies or approved persons
99. Recommendation of certain works
100. Approval of certain works
101. Time limited for works
101A. (Repealed)
102. Direction to be complied with
103. Borrowing of money for works
104. Procedure on local body’s or approved person’s default
105. Borrowing to facilitate remedy of default
106. Liability for costs of work to remedy default
107. Power to order postponement of works
Division 4 - Undertaking of works by Coordinator-General
108. Recommendation of particular works
109. Direction about particular works
110. Undertaking particular works
111. Delegation of authority of Coordinator-General
112. Borrowing of money for works
Division 5 - (Repealed)
Division 6 - Special powers incidental to planned development
125. Power of Coordinator-General to take land
125A. Power of Coordinator-General to take public utility easement
126. (Repealed)
127. Relationship with native title legislation
128. Vesting of land taken
129. Power to use, lease or dispose of land
130. Payment of costs of taking land and compensation
131. Power of Governor in Council to alienate land to Coordinator-General
132. Disposal of land not required for purpose of acquisition
133. Proof of requirement of land
134. Power of Coordinator-General to negotiate transfer of works undertaken by the Coordinator-General
135. Undertaking private works
136. Powers in respect of land for purposes of works
137. Offences of interference and wilful obstruction
138. Powers in respect of water for purposes of works
139. Compensation for exercise of power under ss 136 and 138
140. Powers in respect of particular works on foreshore and under waters
Division 6A - (Repealed)
Division 7 - Infrastructure facilities
Subdivision 1 - Investigating potential infrastructure facility
141. Purpose of sdiv 1
142. Definitions for sdiv 1
143. How to apply for investigator’s authority
144. Additional information about application
145. Granting authority
146. Investigator’s authority
147. What investigator must do before land is entered for the first time
148. Investigator to issue associated person with identification
149. Pretending to be an investigator etc.
150. Investigator to take care in acting under authority
151. Rectification of damage by investigator
152. Compensation payable by investigator
153. Release of bond or security deposit
Subdivision 2 - Requirements for Coordinator-General to take land for private infrastructure facility
153AA. Application for approval of project as a private infrastructure facility and for Coordinator-General to take land
153AB. Coordinator-General to seek submissions and undertake consultation
153AC. Criteria for approval of project
153AD. Roles of Governor in Council and Coordinator-General for decision about approval of project
153AE. Final negotiations with owner of land
153AF. Expiry of approval and extension of expiry day
153AG. Amendment or revocation of approval
Subdivision 3 - Taking land for private infrastructure facility
153AH. Requirements about taking land for private infrastructure facility
Subdivision 4 - Fees and cost of advice or services
153AI. Application of sdiv 4
153AJ. Fees
153AK. Recovering cost of advice or services
Division 8 - Easements for critical infrastructure projects
153A. Definitions for div 8
153B. Registration of critical infrastructure easement
153C. Terms of easement
153D. Effect of registration of easement
153E. Transfer of easement
153F. Amendment of easement
153G. Minister to give notice of registration or amendment
153H. Application of particular provisions
153I. Compensation
153J. Delegation of Minister’s functions under div 8
PART 7 - FINANCE PROVISIONS
154. Expenses of works
155. Expenditure generally on work by Coordinator-General
156. Subsidies or Treasury loans for works
157. The Coordinator-General is a statutory body
PART 7A - ENFORCEMENT AND GENERAL OFFENCES
Division 1 - Enforcement notices
Subdivision 1 - Giving enforcement notice
157A. What is an enforceable condition
157B. Power to give enforcement notice
157C. Requirements for enforcement notice
Subdivision 2 - Appeals
157D. Right of appeal
157E. Stay only by application
Subdivision 3 - Effects of enforcement notice
157F. Offence to contravene enforcement notice
157G. Notice of disposal by recipient of any current enforcement notice
157H. Additional consequence of not giving notice of disposal
Division 2 - Enforcement orders
157I. Starting proceeding for enforcement order
157J. Making interim enforcement order
157K. Making enforcement order
157L. Effect of enforcement order
157M. Powers about enforcement orders
157N. Offence to contravene enforcement order
Division 3 - General offences
157O. Giving Coordinator-General a false or misleading document
157OA. Coordinator-General may require relevant information
157P. Executive officer must ensure corporation does not commit particular offences
Division 4 - Proceedings for offences
157Q. Types of offence under Act
157R. Who may bring summary proceeding
PART 8 - MISCELLANEOUS PROVISIONS
Division 1 - Specific powers and functions of Coordinator-General
158. Power to contract
159. Power to compound
160. Power to obtain material from watercourse
160A. Powers for watercourse crossings
160B. Compensation for exercise of power under s 160A
161. Power as to roads
161A. Vesting land comprised in permanently closed road or unallocated State land
161B. Giving information about roads to relevant local government
162. Power to exclude or divert traffic
163. Power to manage reserves and other lands
164. Power to encroach upon roads and lands for purposes of works
165. Duty to take care at worksites and power to prevent traffic
Division 2 - Provisions concerning legal liability of Coordinator-General
166. Service on Coordinator-General
167. Limited liability of Coordinator-General for injury to person or property
168. Personal injury action adjudicated by judge alone
169. Officers and workers not personally liable
170. (Repealed)
Division 3 - Facilitation of execution of Act
171. Publication of document or information by Coordinator-General
172. Mode of service
173. Regulation-making power
174. Power of Coordinator-General to make guidelines
175. Approved forms
Division 4 - Other miscellaneous provisions
175A. EIS must not, under particular other Acts, be required for PNG pipeline project
PART 9 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provision for State Development and Public Works Organisation Amendment Act 1999
176. Studies being prepared are taken to be EISs for this part
Division 2 - Transitional provisions for State Development and Public Works Organisation and Other Legislation Amendment Act 2005
177. Existing approvals for the use of land in State development area
178. Conditions for north-south bypass tunnel project
Division 3 - Transitional provisions for amendments under Revenue and Other Legislation Amendment Act (No. 2) 2008
179. Meaning of commencement for div 3
180. Existing evaluation requests under pt 4, div 3A
181. Fees
182. Enforcement notices and orders
Division 4 - Transitional provisions for expiry of Queensland Reconstruction Authority Act 2011
183. Definition for div 4
184. Application of div 4
185. Requirement for Coordinator-General to advise registrar of titles
186. Dealing with acquisition land
187. (Repealed)
Division 5 - Transitional provisions for Economic Development Act 2012
188. Definitions for div 5
189. Continuation of former matters Coordinator-General considers before making declaration under s 26(1)
190. Existing significant projects
191. References to significant project
192. Application of s 35(6)–(9)
193. Existing requests for Coordinator-General’s approval of use of land for s 84(4)(b)
194. Continuation of particular former provisions
Division 6 - Transitional provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014
195. Particular coordinated projects publicly notified under pt 4
Division 7 - Transitional provisions for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
196. Definitions for div 7
197. Particular existing coordinated projects
198. Existing approved development schemes
199. Existing applications for approval for use of land in a State development area
200. Existing approvals for use of land in a State development area
201. Existing private infrastructure facility application
Division 8 - Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014
202. Pre-amended Act continues to apply for particular mining leases
Division 9 - Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016
203. Existing development application under repealed Sustainable Planning Act 2009
Schedule 1 (Repealed)
Schedule 1A (Repealed)
SCHEDULE 1B
SCHEDULE 2
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