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STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 - SCHEDULE 2

SCHEDULE 2 – Dictionary


"accepted submissions" , for a coordinated project or amendment application, for part 4A , see section 54I .

"action" , for part 4A , see the Commonwealth Environment Act , sections 523 , 524 and 524A .

"advice agency" ...

"alternative lawful development" , for land, means a lawful, as of right development the owner can carry out on the land.

"amending Act" ...

"applicable code" ...

"applicant" , for part 5A , see section 76D .

"application" means, in part 5 , an application for approval to rezoning of land or for consent to use land or use or erect any building or other structure for any purpose so as to establish the legal right to use land for a prescribed development.

"appropriate register" , for part 6 , division 8 , see section 153A .

"approval" , for part 4 , see section 24 .

"approved development" , for land, means development approved under an SDA approval for the land.

"approved development scheme" means a development scheme relating to land situated in a State development area and approved by the Governor in Council under this Act.

"approved person" see section 100 (1) .

"approved plan" means an infrastructure coordination plan approved by the Governor in Council.

"assessment manager" , for a development application, means the person who is the assessment manager for the application under the Planning Act .

"assessment report" , for part 4A , see section 54W (4) .

"authorised development" , for land, means development of the land authorised under a development approval, or an instrument taken to be a development approval, under the Planning Act .

"authorised works" means works authorised under this Act to be undertaken by the Coordinator-General.

"bilateral agreement" , for part 4A , see section 54I .

"bilaterally accredited authorisation process" , for part 4A , see the Commonwealth Environment Act , section 46 (2A) .

"bilateral project declaration" , for part 4A , see section 54J (1) .

"body of water" means water contained in a river, creek, stream, watercourse, lake, lagoon, swamp, marsh or subterranean deposit.

"building work" see the Planning Act , schedule 2 .

"change application"

(a) for a development approval—means a change application under the Planning Act for the approval; or
(b) for an SDA approval—see section 84F (1) .

"commencement" ...

"Commonwealth Environment Act" means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) .

"Commonwealth Minister" means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act .

"concurrence agency" ...

"coordinated project" or
"project" means—
(a) after a declaration under section 26 (1) about a project is made by gazette notice, but before the Coordinator-General’s report for an EIS or IAR for the project is publicly notified under section 34D (4) or 34L (4) —the project as declared in the gazette notice; or
(b) otherwise—
(i) the project as described in the Coordinator-General’s report for the EIS or IAR for the project, including any amendment of the report under section 35AA ; or
(ii) if 1 or more Coordinator-General’s change reports have been prepared for the project—the project as described in the current Coordinator-General’s change report for the project.

"coordinated project declaration" for part 4A , see section 54I .

"Coordinator-General" means the corporation sole constituted under section 8A of the State Development and Public Works Organisation Act 1938 and preserved, continued in existence and constituted under section 8 of this Act.

"Coordinator-General’s change report" see section 35I (1) .

"Coordinator-General’s report" see section 24 .

"Council" ...

"CPI" means—
(a) the all groups index for Brisbane published by the Australian Bureau of Statistics; or
(b) if the index ceases to be published, another similar index prescribed under a regulation.

"CPI indexed" , for a year (the
"relevant year" ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—
(a) the September quarter for the year before the previous year to the relevant year;
(b) the September quarter for the previous year to the relevant year.

"critical infrastructure easement" , for part 6 , division 8 , see section 153A .

"critical infrastructure project" see section 76D .

"decision maker"
(a) for part 4 , division 4
(i) for a development application—means the assessment manager for the application; or
(ii) for a change application—means the responsible entity for the application; or
(b) for part 5A , see section 76D .

"decision-making period" means—
(a) for a development application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or
(b) for a change application for a development approval, other than a minor change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.

"decision notice" , for an SDA application, see section 84E (1) (b) .

"declaration" , for part 5A , see section 76D .

"development"
1 Generally,
"development" means the use of land or water within the State or over which the State claims jurisdiction and includes the construction, undertaking, carrying out, establishment, maintenance, operation, management, control and decommissioning of any activity, use, works or private works on or in land or water.
2 For part 6 , the term also includes the following—
(i) carrying out building work;
(ii) carrying out plumbing or drainage work;
(iii) carrying out operational work;
(iv) reconfiguring a lot;
(v) making a material change of use of premises.

"development application" means a development application under the Planning Act .

"development approval" means a development approval under the Planning Act .

"Director (Administration and Finance)" ...

"drainage work" see the Plumbing and Drainage Act 2018 , schedule 1 .

"easement holder" , for part 6 , division 8 , see section 153A .

"ecology" ...

"EIS" means environmental impact statement.

"enforceable condition" see section 157A .

"enforcement notice" see section 157B (2) .

"enforcement order" means an order made under part 7A , division 2 .

"environment" includes—
(a) ecosystems and their constituent parts, including people and communities; and
(b) all natural and physical resources; and
(c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and
(d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c) .

"environmental approval" , for part 4A , see section 54I .

"environmental authority" , for part 4 , see section 24 .

"environmental effects" means the effects of development on the environment, whether beneficial or detrimental.

"environmental law" , for part 4A , see section 54I .

"environmental matter protected" , for part 4A , see section 54I .

"Environmental Protection Act" , for part 4 , see section 24 .

"environmental record" , of a proponent or proposed new proponent of a coordinated project, for part 4A , see section 54I .

"EPA Minister" , for part 4 , see section 24 .

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

"foreshore" means the part of the bed, shore or banks of the sea or of any harbour, including any tidal navigable river, that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides, and includes land that adjoins land with a tidal boundary or right line tidal boundary and is on the same side of the boundary as the water subject to tidal influence and is not ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.

"former" ...

"guidelines" means guidelines made under section 174 .

"IAR" means an impact assessment report.

"IDAS" ...

"impact" , for part 4A , see the Commonwealth Environment Act , section 527E .

"imposed condition" see section 54B (2) .

"indigenous land use agreement" means an indigenous land use agreement under the Native Title Act 1993 (Cwlth) , section 24BA , 24CA or 24DA .

"information requirement notice" , for part 4A , see section 54S (2) .

"infrastructure" means those facilities, services and utilities that, in the opinion of the Coordinator-General, are required by or associated with a development or works and includes training schemes relevant to, and accommodation required for a work force related to a development or works and facilities, services and utilities required by or associated with such training schemes or accommodation.

"infrastructure coordination plan" means a plan identifying the infrastructure requirements in respect of a prescribed development.

"infrastructure facility" includes any of the following—
(a) a road, railway, bridge or other transport facility;
(b) a jetty or port;
(c) an airport, landing strip or spaceport;
(d) an electricity generation, transmission or distribution facility;
(e) a storage, distribution or gathering or other transmission facility for—
(i) oil or gas; or
(ii) derivatives of oil or gas;
(f) a storage or transportation facility for coal, any other mineral or any mineral concentrate;
(g) a dam, water storage facility, pipeline, channel or other water management, distribution or reticulation facility;
(h) a cable, antenna, tower or other communication facility;
(i) infrastructure for health or educational services.

"Integrated Planning Act" ...

"land" includes any estate or interest in land, and any easement, right, power or privilege in, over, or in connection with land, and any wharf.

"local authority" ...

"local body" means—
(a) a government owned corporation; or
(b) a statutory body as defined under the Statutory Bodies Financial Arrangements Act 1982 ; or
(c) another body established under an Act; or
(d) a rail government entity under the Transport Infrastructure Act 1994 ; or
(e) a corporation whose shares are wholly owned by—
(i) the State; or
(ii) the State and 1 or more local governments; or
(iii) 1 or more local governments; or
(f) a corporation whose shares are wholly owned by—
(i) a corporation of the type mentioned in paragraph (d) ; and
(ii) 1 or more local governments.

"material change of use" , of premises, for part 6 , means—
(a) the start of a new use of the premises; or
(b) the re-establishment on the premises of a use that has been abandoned; or
(c) a material increase in the intensity or scale of the use of the premises.

"Mineral Resources Act" , for part 4 , see section 24 .

"Minister" ...

"minor change application" means a change application for a minor change to a development approval, as defined in the Planning Act .

"MRA Minister" , for part 4 , see section 24 .

"nominated entity" , for part 4 , see section 24 .

"notice to decide" , for part 5A , see section 76D .

"notifiable approval" see section 34G (2) (c) .

"operational work" see the Planning Act , schedule 2 .

"Planning Act" means the Planning Act 2016 .

"Planning and Environment Court" ...

"plumbing work" see the Plumbing and Drainage Act 2018 , schedule 1 .

"pollution" ...

"pre-feasibility assessment" see section 27AB (d) .

"premises" , for part 6 , means—
(a) a building or other structure; or
(b) land or water within the State or over which the State claims jurisdiction.

"prescribed decision" , for part 5A , see section 76D .

"prescribed development" means a proposed development, processing or handling of major economic significance to the State declared by the Governor in Council to be a prescribed development.

"prescribed process" , for part 5A , see section 76D .

"prescribed project" , for part 5A , see section 76D .

"prior affected development" , for land, means an alternative lawful development, an approved development or an authorised development for the land.

"prior affected development request" see section 79A (3) (b) (v) .

"private infrastructure facility" means an infrastructure facility approved under section 153AC (2) .

"private infrastructure facility application" see section 153AA (1) .

"private works" means the whole and every part of any work, project, service, utility, undertaking or function that a person is required or permitted to undertake pursuant to an agreement between the person and the Government and, in particular, includes the provision of housing, water, drainage, sewerage, roads, power and other infrastructure pursuant to such an agreement.

"progression notice" , for part 5A , see section 76D .

"properly made submission" , for a draft EIS, a draft IAR, a proposed change to a coordinated project, a protected matters report or an amendment application, means a submission that—
(a) is made to the Coordinator-General in writing; and
(b) is received on or before the last day of the relevant submission period; and
(c) is signed by each person who made the submission; and
(d) states the name and address of each person who made the submission; and
(e) states the grounds of the submission and the facts and circumstances relied on in support of the grounds.

"proponent" means—
(a) of a coordinated project—the person who proposes the coordinated project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project; or
(b) of a proposed project that is an infrastructure facility—the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project.

"protected matters report" , for part 4A , see section 54I .

"recipient" , for a provision about an enforcement notice given or proposed to be given, means the person to whom the notice has been, or is proposed to be, given.

"reconfiguring a lot" see the Planning Act , schedule 2 .

"referral agency" means a referral agency under the Planning Act .

"referral coordination" ...

"region" ...

"registered owner" , for part 5A , see section 76D .

"registered owner" , of land, for part 6 , division 7 , subdivisions 2 and 3 , means—
(a) the registered owner of a lot under the Land Title Act 1994 in relation to the land; or
(b) the person registered in the land registry under the Land Act 1994 as the holder of a lease from the State under that Act or the repealed Land Act 1962 for the land.

"registrar" , for part 6 , division 8 , see section 153A .

"regulated development" means development identified in an approved development scheme for a State development area as SDA assessable development or SDA self-assessable development.

"reinstatement request" , for part 4A , see section 54ZJA (2) .

"relevant application" , for part 4 , division 4 , see section 36 (b) .

"relevant law" , for part 5A , see section 76D .

"relevant local government"
(a) for a project, for part 4 , see section 24 ; or
(b) for a prescribed decision, for part 5A , see section 76D .

"relevant public utility easement" , for part 6 , division 8 , see section 153A .

"responsible entity" , for a change application for a development approval, means the entity that is the responsible entity for the application for the Planning Act .

"revised draft EIS" see section 34B (2) (d) .

"revised draft IAR" see section 34J (2) (c) .

"right line tidal boundary" has the same meaning as in the Land Act 1994 .

"road" means—
(a) an area of land dedicated to public use as a road; or
(b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or
(d) a pedestrian or bicycle path; or
(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d) ; or
(f) a road under the Land Act 1994 .

"SDA application" means an application for an SDA approval.

"SDA approval" means a decision notice that approves, wholly or partly, development applied for in an SDA application (whether or not the approval has conditions attached to it).

"SDA assessable development" means development that a relevant approved development scheme provides is SDA assessable development.

"SDA self-assessable development" means development that a relevant approved development scheme provides is SDA self-assessable development.

"secretary" ...

"significant project" ...

"specified provision" , for part 4A , see section 54I .

"State development area" means a part of the State or of an area over which the State claims jurisdiction, delineated on a plan, and declared under this Act to be a State development area.

"step in notice" , for part 5A , see section 76D .

"subject land" , for part 6 , division 7 , see section 153AA (2) (c) .

"submission period" , for part 4 or part 4A , see section 33 (1) (d) .

"Sustainable Planning Act" ...

"tidal boundary" has the same meaning as in the Survey and Mapping Infrastructure Act 2003 , part 7 .

"undertake" includes to investigate, plan, construct, provide, effect, establish, carry out, maintain, manage and control.

"voluntary environmental agreement" , for part 5A , see section 76D .

"waste" ...

"water subject to tidal influence" , in relation to a boundary, means the water that is relevant to the identification of the boundary as a tidal boundary or right line tidal boundary.

"wild river area" ...

"wild river declaration" ...

"within the scope of the bilateral agreement" , for a coordinated project, for part 4A , see section 54H (3) .

"works" means, other than for section 85 , the whole and every part of any work, project, service, utility, undertaking or function—
(a) that the Crown, the Coordinator-General or other person or body who represents the Crown, or any local body is or may be authorised under any Act to undertake; or
(b) that is or has been (before or after the date of commencement of this Act) undertaken by the Crown, the Coordinator-General or other person or body who represents the Crown, or any local body under any Act; or
(c) that is included or is proposed to be included by the Coordinator-General as works in a program of works, or that is classified by the holder of the office of Coordinator-General as works.



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