Queensland Consolidated Acts

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- As at 1 July 2019 
- Act 55 of 1971 


           Long Title


   1.      Short title
   2.      Definitions


           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


   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


           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


           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


           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


           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


           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


   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


           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


           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


           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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