SUSTAINABLE PLANNING ACT 2009 NO. 36

Queensland Numbered Acts

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SUSTAINABLE PLANNING ACT 2009 NO. 36

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY
Part 1--Introduction

1. Short title
2. Commencement
Part 2--Purpose and advancing the purpose
3. Purpose of Act
4. Advancing Act's purpose
5. What advancing Act's purpose includes
Part 3--Interpretation
Division 1--Dictionary
6. Definitions
Division 2--Key definitions
7. Meaning of development
8. Meaning of ecological sustainability
9. Meaning of lawful use
Division 3--Supporting definitions and explanations for key definitions
10. Definitions for terms used in development
11. Explanation of terms used in ecological sustainability
Division 4--General matters
12. Meaning of words in Act prevail over planning instruments
13. References in Act to particular terms
Part 4--Application of Act
14. Act binds all persons

CHAPTER 2--STATE PLANNING INSTRUMENTS
Part 1--Preliminary

15. State planning instruments under Act
Part 2--State planning regulatory provisions
Division 1--Preliminary
16. What is a State planning regulatory provision
17. Status of State planning regulatory provision
18. State interest
19. Relationship with other instruments
Division 2--General matters about State planning regulatory provisions
20. Power to make State planning regulatory provision
21. Content of State planning regulatory provision
Part 3--Regional plans
Division 1--Preliminary
22. What is a designated region
Division 2--Regional plans for designated regions
Subdivision 1--Preliminary
23. What is a regional plan
24. Status of regional plan
25. State interest
26. Relationship with other instruments
Subdivision 2--Requirement to make, and key elements of, regional plans
27. Requirement to make regional plan
28. Key elements of regional plan
Subdivision 3--Requirement to amend planning schemes to reflect regional plans
29. Amending planning schemes to reflect regional plan
Division 3--Regional planning committees
30. What are regions
31. Establishment of regional planning committee
32. Functions of regional planning committee
33. Membership of regional planning committee
34. Changing particular committee
35. Dissolution of regional planning committee
36. Quorum
37. Presiding at meetings
38. Conduct of meetings
39. Reports of particular committee
Part 4--State planning policies
Division 1--Preliminary
40. What is a State planning policy
41. Status of State planning policy
42. Area to which State planning policy applies
43. Relationship with local planning instruments
Division 2--General matters about State planning policies
44. Power to make State planning policy—generally
45. Duration of State planning policy made under pt 6
Division 3--Temporary State planning policies
46. Power to make temporary State planning policy
47. Making temporary State planning policy
48. Effect of temporary State planning policy
49. Duration of temporary State planning policy
Part 5--Standard planning scheme provisions
Division 1--Preliminary
50. What are standard planning scheme provisions
51. Status of standard planning scheme provisions
52. Effect of standard planning scheme provisions
53. Relationship with local planning instruments
Division 2--General matters about standard planning scheme provisions
54. Power to make standard planning scheme provisions
55. Local governments to amend planning schemes to reflect standard planning scheme provisions
Part 6--Making, amending and repealing State planning instruments
Division 1--Preliminary
56. Process for making, amending or repealing State planning instrument
57. Compliance with divs 2 and 3
Division 2--Process for making State planning instruments
58. Preparation of draft instrument
59. Endorsing particular draft instrument
60. Notice about draft instrument
61. Keeping draft instrument available for inspection and purchase
62. Dealing with draft State planning regulatory provision
63. Making State planning instruments
64. Notice about making State planning instrument
65. Notice about decision not to make State planning instrument
66. Particular State planning regulatory provisions to be ratified by Parliament
67. State planning regulatory provisions that are subject to disallowance
Division 3--Amending State planning instruments
Subdivision 1--Administrative and minor amendments, and particular amendments to reflect documents
68. Administrative and minor amendment or amendment to reflect other documents
69. Notice of amendment under s 68
Subdivision 2--Other amendments
70. Other amendments
71. Decision not to proceed with amendment of regional plan
Division 4--When State planning instrument or amendment has effect
72. When State planning instrument or amendment has effect
73. Effect of draft State planning regulatory provision and draft amendments
Division 5--Repealing and replacing State planning instruments
74. Notice of repeal
75. When repeal has effect
76. Replacement of regional plans

CHAPTER 3--LOCAL PLANNING INSTRUMENTS
Part 1--Preliminary

77. Local planning instruments under Act
78. Infrastructure intentions in local planning instruments not binding
Part 2--Planning schemes
Division 1--Preliminary
79. What is a planning scheme
80. Status of planning scheme
81. Effects of planning scheme
82. Area to which planning scheme applies
83. Relationship with planning scheme policies
Division 2--General provisions about planning schemes
84. Power to make planning scheme
85. Documents planning scheme may adopt
86. Relationship between planning schemes and Building Act
87. Covenants not to conflict with planning scheme
Division 3--Key concepts for planning schemes
88. Key elements of planning scheme
89. Core matters for planning scheme
90. State, regional and local dimensions of planning scheme matters
Division 4--Reviewing planning schemes
91. Local government must review planning scheme every 10 years
92. Action local government may take after review
93. Report about review if decision is to take no action
94. Notice about report to be published
Division 5--Application of superseded planning schemes
95. Request for application of superseded planning scheme
96. Decision on request
97. Notice of decision
98. When development under superseded planning scheme must start
99. When development application (superseded planning scheme) can be made
100. When request for compliance assessment under a superseded planning scheme can be made
Part 3--Temporary local planning instruments
Division 1--Preliminary
101. What is a temporary local planning instrument
102. Status of temporary local planning instrument
103. Area to which temporary local planning instrument applies
104. Relationship with planning scheme
Division 2--General matters about temporary local planning instruments
105. Power to make temporary local planning instrument
106. Content of temporary local planning instrument
107. Documents temporary local planning instrument may adopt
Part 4--Planning scheme policies
Division 1--Preliminary
108. What is a planning scheme policy
109. Status of planning scheme policy
110. Effect of planning scheme policy
111. Area to which planning scheme policy applies
112. Relationship with other planning instruments
Division 2--General matters about planning scheme policies
113. Power to make planning scheme policy
114. Content of planning scheme policy
115. Planning scheme policy can not adopt particular documents
Part 5--Making, amending or repealing local planning instruments
Division 1--Preliminary
116. Application of pt 5
Division 2--Making or amending local planning instruments
117. Process for making or amending local planning instruments
118. Content of guideline for making or amending local planning instrument
119. Compliance with guideline
120. When planning scheme, temporary local planning instrument and amendments have effect
121. When planning scheme policy and amendments have effect
122. Consolidating planning schemes
Division 3--Repealing local planning instruments
123. Repealing temporary local planning instruments
124. Repealing planning scheme policies
Part 6--Powers of State in relation to local planning instruments
Division 1--Direction to take action about local planning instruments
125. Procedures before exercising particular power
126. Power of Minister to direct local government to take particular action about local planning instrument
127. Power of Minister to direct local government to prepare a consolidated planning scheme
128. Power of Minister if local government does not comply with direction
Division 2--Making or amending local planning instrument without direction
129. Power of Minister to take action about local planning instrument without direction to local government
Division 3--Process for dealing with local planning instruments under part 6
130. Process for Minister to take action under pt 6

CHAPTER 4--PLANNING PARTNERSHIPS
Part 1--Master planning for particular areas of State interest
Division 1--Preliminary

131. Purpose of ch 4
Division 2--Master planned areas
132. Identification of master planned areas
133. Master planned area declarations
134. Restriction on particular development applications in master planned area
135. Notation of master planned areas on planning scheme
Part 2--Structure plans for master planned areas declared by the Minister or regional planning Minister
Division 1--Preliminary
136. Application of pt 2
137. What is a structure plan
138. Relationship with regulation under s 232
139. Relationship with State planning instruments
Division 2--General matters about structure plans
140. Local government's obligation to have structure plan
141. Content of structure plan
142. Prohibited development under structure plan
Division 3--Funding for structure plans
143. Agreement to fund structure plan
144. Special charge for making a structure plan
Division 4--Making structure plans
145. Making structure plan
146. Content of guideline for making structure plan
147. Compliance with guideline
148. When structure plan takes effect
149. Provisions for new planning schemes
Part 3--Master plans
Division 1--Preliminary
150. Application of pt 3
151. What is a master plan
152. Relationship with regulation under s 232
153. Relationship with other planning instruments
154. New planning instruments can not affect approved master plan
Division 2--General matters about master plans
155. Content of master plan
156. Master plan attaches to land in master planning unit
157. Local government approval required
158. When master plan ceases to have effect
Division 3--Applying for and obtaining approval of proposed master plan
Subdivision 1--Application stage for proposed master plan
159. Who may apply
160. Requirements for application
Subdivision 2--Information and response stage
161. Local government gives application to coordinating agency
162. Request for information from applicant
163. Applicant responds to any request for information
164. Lapsing of application if applicant does not respond
165. When application taken not to have lapsed
Subdivision 3--Consultation stage
166. When consultation is required
167. Content requirements for public notice
168. When public notice must be given
169. Notice to comply with public notice requirement
170. Lapsing of application if notice not complied with
171. Making submissions
172. Distribution of submissions
Subdivision 4--State government decision stage
173. Assessment by participating agency and coordinating agency
174. When participating agency's response must be given
175. Participating agency's response powers
176. Coordinating agency's assessment
177. Resolution of conflict by Minister
178. Coordinating agency's decision
Subdivision 5--Local government decision stage
179. Decision-making period
180. Assessment by local government
181. Local government's decision generally
182. Restrictions on giving approval
183. Conditions
184. Notice of decision
185. Representations about conditions and other matters
186. Applicant may suspend applicant's appeal period
187. When approval takes effect
188. Effect on decision stage if action taken under Native Title Act (Cwlth)
Subdivision 6--Ministerial directions about application
189. Ministerial directions to local government
190. Ministerial directions to applicant
Subdivision 7--Changing or withdrawing applications
191. Changing application
192. Withdrawing application
Subdivision 8--Miscellaneous provisions
193. Agreements about master plan
194. Substantial compliance
195. Additional third party advice or comment
196. Modified application of provisions about infrastructure for master plan
197. Notation of master plan on planning scheme
Division 4--Amending or cancelling master plans
198. Application to amend master plan
199. Cancellation of master plan by local government

CHAPTER 5--DESIGNATION OF LAND FOR COMMUNITY INFRASTRUCTURE
Part 1--Preliminary

200. Who may designate land
201. Matters to be considered when designating land
202. What designations may include
203. How IDAS applies to designated land
204. Relationship of designation to State Development and Public Works Organisation Act 1971
205. How infrastructure charges apply to designated land
206. How designations must be shown in planning schemes
Part 2--Ministerial designations
207. Matters the Minister must consider before designating land
208. Procedures after designation
209. Procedures if designation does not proceed
210. Effects of ministerial designations
211. When local government must include designation in planning scheme
Part 3--Local government designations
212. Designation of land by local government
213. Designating land the local government does not own
Part 4--Duration and reconfirmation of designations
214. Duration of designations
215. When designations do not cease
216. Reconfirming designation
Part 5--Repealing designations
217. Who may repeal designations
218. Notice of repeal
219. Minister or local government to give notice of repeal to particular entities
220. When designation ceases to have effect
221. Local government to note repeal on planning scheme
Part 6--Acquiring designated land
222. Request to acquire designated land under hardship
223. Decision about request
224. Notice about grant of request
225. Notice about refusal of request
226. Alternative action designator may take
227. If the designator does not act under the notice
228. How value of interest is decided
Part 7--Delegation of Minister's functions
229. Ministers may delegate particular administrative functions about designations

CHAPTER 6--INTEGRATED DEVELOPMENT ASSESSMENT SYSTEM (IDAS)
Part 1--Preliminary
Division 1--Introduction

230. What is IDAS
231. Categories of development under Act
232. Regulation may prescribe categories of development or require code or impact assessment
233. Relationship between regulation and planning scheme, temporary local planning instrument or local law
234. Relationship between sch 1 and planning instruments
Division 2--Particular provisions about categories of development
235. Exempt development
236. Self-assessable development
237. Development requiring compliance assessment
238. Assessable development
239. Prohibited development
Division 3--Approvals for IDAS
Subdivision 1--Preliminary
240. Types of approval
Subdivision 2--Preliminary approvals
241. Preliminary approvals
242. Preliminary approval may affect a local planning instrument
Subdivision 3--Development permits
243. Development permits
Subdivision 4--Other matters about development approvals
244. Development approval includes conditions
245. Development approval attaches to land
Division 4--Assessment managers and referral agencies
Subdivision 1--Assessment managers
246. Who is the assessment manager
247. Role of assessment manager
248. Jurisdiction of local government as assessment manager for particular development
249. When assessment manager also has jurisdiction as concurrence agency
Subdivision 2--Referral agencies
250. Who is an advice agency
251. Who is a concurrence agency
252. Who is a referral agency
253. Exclusion of particular entities as referral agency for a master planned area
254. Jurisdiction of referral agencies for applications—generally
255. Concurrence agencies if Minister decides assessment manager
Subdivision 3--Additional third party advice or comment about applications
256. Assessment manager or concurrence agency may seek advice or comment about application
Division 5--Stages of IDAS
257. Stages of IDAS
Division 6--Application of IDAS in declared master planned areas
258. Exclusion of particular provisions about making application for declared master planned area
Division 7--Giving notices electronically
259. Giving notices using e-IDAS
Part 2--Application stage
Division 1--Application process
Subdivision 1--Applying for development approvals
260. Applying for development approval
261. When application is a properly made application
262. Special provision about electronic applications
263. When owner's consent is required for application
264. Development involving a State resource
265. Approved material change of use required for particular developments
Subdivision 2--Notices about receipt of applications
266. Notice about application that is not a properly made application
267. Notice about properly made application
268. Content of acknowledgement notice
Division 2--End of application stage
269. When does application stage end
Part 3--Information and referral stage
Division 1--Preliminary
270. Purpose of information and referral stage
271. Referral agency responses before application is made
Division 2--Giving material to referral agencies
272. Applicant gives material to referral agency
273. Lapsing of application if material not given
274. When application taken not to have lapsed
275. Applicant to advise assessment manager when material given
Division 3--Information requests
276. Information request to applicant
277. Extending information request period
278. Applicant responds to any information request
279. Lapsing of application if no response to information request
280. When application taken not to have lapsed
281. Referral agency to advise assessment manager of response
Division 4--Referral agency assessment
Subdivision 1--Assessment generally
282. Referral agency assesses application
283. Referral agency's assessment period
284. Extending referral agency's assessment period
Subdivision 2--Concurrence agency responses
285. When concurrence agency must give response for particular matters
286. Effect if concurrence agency does not give response
287. Concurrence agency's response powers
288. Limitation on concurrence agency's power to refuse application
289. Concurrence agency's response to include reasons for refusal or conditions
290. How a concurrence agency may change its response or give late response
Subdivision 3--Advice agency responses
291. When advice agency must give response for particular matters
292. Advice agency's response powers
Division 5--End of information and referral stage
293. When does information and referral stage end
Part 4--Notification stage
Division 1--Preliminary
294. Purpose of notification stage
295. When notification stage applies
296. When notification stage can start
Division 2--Public notification
297. Applicant or assessment manager to give public notice of application
298. Notification period for applications
299. Requirements for particular notices
300. Applicant to give assessment manager notice about particular matters
301. Notice of compliance to be given to assessment manager
302. Application lapses if notification not carried out or notice of compliance not given
303. When application taken not to have lapsed
304. Assessment manager may assess and decide application if some requirements not complied with
Division 3--Submissions about applications
305. Making submissions
306. Submissions made during notification period effective for later notification period
Division 4--End of notification stage
307. When does notification stage end
Part 5--Decision stage
Division 1--Preliminary
308. Assessment necessary even if concurrence agency refuses application
309. When does decision stage start
310. Effect on decision stage if action taken under Native Title Act (Cwlth)
Division 2--Assessment process
311. References in div 2 to planning instrument, code, law or policy
312. When assessment manager must not assess part of an application
313. Code assessment—generally
314. Impact assessment—generally
315. Code and impact assessment—superseded planning scheme
316. Assessment for s 242 preliminary approvals that affect a local planning instrument
317. Assessment manager may give weight to later planning instrument, code, law or policy
Division 3--Decision
Subdivision 1--Decision-making period
318. Decision-making period—generally
319. Decision-making period—changed circumstances
320. Applicant may stop decision-making period to make representations
321. Applicant may stop decision-making period to request chief executive's assistance
322. Decision-making period suspended until approval of master plan
Subdivision 2 Decision rules--generally
323. Application of sdiv 2
324. Decision generally
325. Effect of concurrence agency's response
326. Other decision rules
Subdivision 3 Decision rules--application under section 242
327. Decision if application under s 242 requires assessment
328. Effect of concurrence agency's response
329. Other decision rules
Subdivision 4--Deemed decision for particular applications
330. Application of sdiv 4
331. Deemed approval of applications
332. Standard conditions for deemed approvals
333. Limitation on giving deemed approval notice
Division 4--Notice of decision
334. Assessment manager to give notice of decision
335. Content of decision notice
336. Material to be given with decision notice
337. Assessment manager to give copy of decision notice to principal submitter
338. Decision notice given by private certifier
Division 5--Approvals
339. When approval takes effect
340. When development may start
341. When approval lapses if development not started
342. When approval lapses if development started but not completed—general
343. When approval lapses if development started but not completed—preliminary approval
Division 6--Conditions
344. Application of div 6
345. Conditions must be relevant or reasonable
346. Conditions generally
347. Conditions that can not be imposed
348. Agreements
349. Covenants not to be inconsistent with development approvals
Part 6--Changing or withdrawing development applications
Division 1--Preliminary
350. Meaning of minor change
Division 2--Procedure for changing applications
351. Changing application
352. Assessment manager to advise referral agencies about changed applications
Division 3 Changed applications--effect on IDAS
353. Effect on IDAS—minor change
354. Effect on IDAS—changes about matters relating to submissions or information requests
355. Effect on IDAS—other changes
Division 4--Withdrawing applications
356. Withdrawing an application
Part 7--Missed referral agencies
357. Notice of missed referral agency
358. Effect of missed referral agency on information and referral stage and notification stage
359. Effect of missed referral agency on decision stage
Part 8--Dealing with decision notices and approvals
Division 1--Changing decision notices and approvals during applicant's appeal period
360. Application of div 1
361. Applicant may make representations about decision
362. Assessment manager to consider representations
363. Decision about representations
364. Giving new infrastructure charges notice or regulated infrastructure charges notice
365. Giving new regulated State infrastructure charges notice
366. Applicant may suspend applicant's appeal period
Division 2 Changing approvals--request for change after applicant's appeal period ends
Subdivision 1--Preliminary
367. What is a permissible change for a development approval
368. Notice about proposed change before request is made
Subdivision 2--Procedure for changing approvals
369. Request to change development approval
370. Notice of request
371. When owner's consent required for request
372. Copy of request to be given to particular entities
Subdivision 3--Assessing and deciding request for change
373. Particular entities to assess request for change
374. Responsible entity to assess request
375. Responsible entity to decide request
376. Notice of decision
377. When decision has effect
Division 3 Changing or cancelling particular conditions--other than on request
378. When condition may be changed or cancelled by assessment manager or concurrence agency
Division 4--Cancelling approvals
379. Request to cancel development approval
380. Restriction on making request
381. Assessment manager to cancel approval
382. Release of monetary security
Division 5--Extending period of approvals
383. Request to extend period in s 341
384. Request can not be withdrawn
385. Concurrence agency may advise assessment manager about request
386. Deciding particular requests
387. Assessment manager to decide request
388. Deciding request
389. Assessment manager to give notice of decision
390. Approval does not lapse until request is decided
Division 6--Recording approvals on planning scheme
391. Particular approvals to be recorded on planning scheme
Part 9--Applying IDAS to mobile and temporary environmentally relevant activities
392. Mobile and temporary environmentally relevant activities
Part 10--Compliance stage
Division 1--Preliminary
393. Purpose of compliance stage
394. Compliance permit
395. Compliance certificate
396. What does compliance stage apply to
397. Nominating a document or work for compliance assessment—generally
398. Nominating document or work for compliance assessment—condition of development approval or compliance permit
399. Who may carry out compliance assessment
400. When compliance stage starts
Division 2--Compliance assessment
Subdivision 1--Request for compliance assessment
401. Request for compliance assessment
Subdivision 2--Referring request to local government
402. Aspects of development requiring compliance assessment to be referred to local government
Subdivision 3--Compliance assessor to assess and decide request
403. Assessment of request
404. Assessment of request under superseded planning scheme
405. Deciding request
406. Conditions must be relevant and reasonable
407. Compliance assessor to give compliance permit or certificate on approval of request
408. When notice about decision must be given
409. Duration and effect of compliance permit
410. When development may start
Subdivision 4--Lapsing of request
411. When request for compliance assessment lapses
Division 3--Changing notices, compliance permits and certificates
412. Changing and withdrawing action notice
413. Changing compliance permit or compliance certificate
414. When decision about change has effect
Division 4--Other matters
415. Regulation may prescribe additional requirements and actions
416. Effect on deciding request if action taken under Native Title Act 1993 (Cwlth)
Part 11--Ministerial IDAS powers
Division 1--Ministerial directions
417. Ministerial directions to assessment managers—future applications
418. Ministerial directions to assessment managers—particular applications
419. Ministerial directions to assessment managers—conditions
420. Ministerial directions to concurrence agencies
421. Ministerial directions to applicants
422. Report about decision
Division 2--Ministerial call in powers
423. Definitions for div 2
424. When a development application may be called in
425. Notice of call in
426. Minister's action on calling in application
427. Effect of call in
428. Original assessment manager to assist Minister
429. Minister's decision notice
430. Provision for application called in by regional planning Minister
431. Process if call in decision does not deal with all aspects of the application
432. Report about decision
433. Report about compliance with development approval
Part 12--Miscellaneous provision
434. Refunding fees

CHAPTER 7--APPEALS, OFFENCES AND ENFORCEMENT
Part 1--Planning and Environment Court
Division 1--Establishment and jurisdiction of court

435. Continuance of Planning and Environment Court
436. Jurisdiction of court
437. Proceedings open to public
Division 2--Powers of court
438. Subpoenas
439. Contempt and contravention of orders
440. How court may deal with matters involving non- compliance
441. Terms of orders etc.
442. Taking and recording evidence etc.
Division 3--Constituting court
443. Constituting court
444. Jurisdiction of judges not impaired
Division 4--Rules and orders or directions about proceedings
445. Rules of court
446. Orders or directions
Division 5--Parties to proceedings and court sittings
447. Where court may sit
448. Appearance
449. Adjournments
450. What happens if judge dies or is incapacitated
451. Stating case for Court of Appeal's opinion
Division 6--Registry and other court officers
452. Registrars and other court officers
453. Registries
454. Court records
455. Judicial notice
Division 7--Other court matters
456. Court may make declarations and orders
457. Costs
458. Privileges, protection and immunity
459. Payment of witnesses
460. Evidence of local planning instruments or master plans
Division 8--Appeals to court relating to development applications and approvals
461. Appeals by applicants
462. Appeals by submitters—general
463. Additional and extended appeal rights for submitters for particular development applications
464. Appeals by advice agency submitters
465. Appeals about decisions relating to extensions for approvals
466. Appeals about decisions relating to permissible changes
467. Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
Division 9--Appeals to court about compliance assessment
468. Appeals against decision on request for compliance assessment
469. Appeals against condition imposed on compliance permit or certificate
470. Appeals against particular decisions about compliance assessment
Division 10--Appeals to court about other matters
471. Appeal by applicant for approval of a proposed master plan
472. Appeal about extension of period under s 98
473. Appeals against enforcement notices
474. Stay of operation of enforcement notice
475. Appeals against local laws
476. Appeals against decisions on compensation claims
477. Appeals against decisions on requests to acquire designated land under hardship
478. Appeals about particular charges for infrastructure
479. Appeals from building and development committees
480. Court may remit matter to building and development committee
Division 11--Making an appeal to court
481. How appeals to the court are started
482. Notice of appeal to other parties—development applications and approvals
483. Notice of appeals to other parties—compliance assessment
484. Notice of appeal to other parties—other matters
485. Respondent and co-respondents for appeals under div 8
486. Respondent and co-respondents for appeals under div 9
487. Respondent and co-respondents for appeals under div 10
488. How an entity may elect to be a co-respondent
489. Minister entitled to be party to an appeal involving a State interest
490. Lodging appeal stops particular actions
Division 12--Alternative dispute resolution
491. ADR process applies to proceedings started under this part
Division 13--Court process for appeals
492. Hearing procedures
493. Who must prove case
494. Court may hear appeals together
495. Appeal by way of hearing anew
496. Appeal decision
497. Court may allow longer period to take an action
Division 14--Appeals to Court of Appeal
498. Who may appeal to Court of Appeal
499. When leave to appeal must be sought and appeal made
500. Power of Court of Appeal
501. Lodging appeal stops particular actions
Part 2--Building and development dispute resolution committees
Division 1--Establishment, constitution and jurisdiction of committees
502. Establishing building and development dispute resolution committees
503. Consultation about multiple member committees
504. Same members to continue for duration of committee
505. Referee with conflict of interest not to be member of committee
506. Referee not to act as member of committee in particular cases
507. Remuneration of members of committee
508. Jurisdiction of committees
Division 2--Other officials of building and development committees
509. Appointment of registrar and other officers
Division 3--Committee declarations
Subdivision 1--Declarations
510. Declaration about whether development application is properly made
511. Declaration about acknowledgement notices
512. Declaration about lapsing of request for compliance assessment
513. Declaration about change to development approval
Subdivision 2--Proceedings for declarations
514. How proceedings for declarations are started
515. Fast-track proceedings for declarations
516. Notice of proceedings to other parties
517. Respondent for declarations
518. Minister entitled to be represented in proceeding involving a State interest
Division 4--Appeals to committees about development applications and approvals
Subdivision 1--Appeals about particular material changes of use
519. Appeal by applicant—particular development application for material change of use of premises
520. Appeal about decision relating to extension for development approval
521. Appeal about decisions relating to permissible changes
Subdivision 2--Appeals about conditions of particular development approvals
522. Appeal by applicant—condition of particular development approval
Division 5--Appeals to committees about compliance assessment
523. Appeal against decision on request for compliance assessment
524. Appeal against condition imposed on compliance permit or certificate
525. Appeals against particular decisions about compliance assessment
Division 6--Appeals to committees about building, plumbing and drainage and other matters
Subdivision 1--Preliminary
526. Matters about which a person may appeal under div 6
Subdivision 2--Appeals about development applications and approvals
527. Appeals by applicants
528. Appeal by advice agency
529. Appeal about decision relating to extension for development approval
530. Appeal about decision relating to permissible changes
531. Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
Subdivision 3--Other matters
532. Appeals for building and plumbing and drainage matters
533. Appeals against enforcement notices
534. Stay of operation of enforcement notice
Division 7--Appeals about particular charges
535. Appeals about charges for infrastructure
Division 8--Making appeals to building and development committees
536. How appeals to committees are started
537. Fast-track appeals
538. Notice of appeal to other parties (under other Acts)
539. Notice of appeal to other parties (div 4)
540. Notice of appeal to other parties (div 5)
541. Notice of appeal to other parties (div 6)
542. Notice of appeal to other parties (s 535)
543. Respondent and co-respondents for appeals under s 519, 522 or 527
544. Respondent and co-respondents for appeals under s 520 or 529
545. Respondent and co-respondents for appeals under s 521 or 530
546. Respondent and co-respondents for appeals under s 528
547. Respondent and co-respondents for appeals under s 531, 532, 533 or 535
548. Respondent and co-respondents for appeals under div 5
549. How a person may elect to be co-respondent
550. Respondent and co-respondents to be heard in appeal
551. Registrar must ask assessment manager for material in particular proceedings
552. Minister entitled to be represented in an appeal involving a State interest
553. Lodging appeal stops particular actions
Division 9--Process for appeals or proceedings for declarations in building and development committees
554. Establishing a building and development committee
555. Procedures of committees
556. Costs
557. Committee may allow longer period to take an action
558. Appeal or other proceedings may be by hearing or written submission
559. Appeals or other proceedings by hearing
560. Right to representation at hearing
561. Conduct of hearings
562. Appeals or other proceedings by written submission
563. Matters committee may consider in making a decision
564. Appeal decision
565. Committee may make orders about declaration
566. Declaration decision
567. When decision may be made without representation or submission
568. Notice of compliance
569. Publication of committee decisions
Division 10--Referees
570. Appointment of referees
571. Qualifications of general referees
572. Term of referee's appointment
573. General referee to make declaration
Part 3--Provisions about offences, notices and orders
Division 1--Particular offences and exemptions
Subdivision 1--Development offences
574. Self-assessable development must comply with codes
575. Carrying out development without compliance permit
576. Compliance with compliance permit or compliance certificate
577. Making request for compliance assessment
578. Carrying out assessable development without permit
579. Particular assessable development must comply with codes
580. Compliance with development approval
581. Offence to carry out prohibited development
582. Offences about the use of premises
583. Compliance with master plans
Subdivision 2--Exemptions
584. General exemption for emergency development or use
585. Coastal emergency exemption for operational work that is tidal works
586. Exemption for building work on Queensland heritage place or local heritage place
Subdivision 3--False or misleading documents or declarations
587. False or misleading document or declaration
Division 2--Show cause notices
588. Giving show cause notice
589. General requirements of show cause notice
Division 3--Enforcement notices
590. Giving enforcement notice
591. Restriction on giving enforcement notice
592. Specific requirements of enforcement notice
593. General requirements of enforcement notices
594. Offences relating to enforcement notices
595. Processing application or request required by enforcement notice or show cause notice
596. Assessing authority may take action
Division 4--Offence proceedings in Magistrates Court
597. Proceedings for offences
598. Proceeding brought in a representative capacity
599. Magistrates Court may make orders
600. Costs involved in bringing proceeding
Division 5--Enforcement orders of court
601. Proceeding for orders
602. Proceeding brought in a representative capacity
603. Making interim enforcement order
604. Making enforcement order
605. Effect of orders
606. Court's powers about orders
607. Costs involved in bringing proceeding
Division 6--Application of Acts
608. Application of other Acts
Part 4--Legal proceedings
Division 1--Proceedings
609. Summary proceedings for offences
610. Limitation on time for starting proceedings
611. Executive officers must ensure corporation complies with Act
Division 2--Fines and costs
612. When fines payable to local government
613. Order for compensation or remedial action
614. Recovery of costs of investigation
Division 3--Evidence
615. Application of div 3
616. Appointments and authority
617. Signatures
618. Matter coming to complainant's knowledge
619. Instruments, equipment and installations
620. Analyst's certificate or report
621. Evidence of planning instruments or notices of designation
622. Planning instruments presumed to be within jurisdiction
623. Evidentiary aids generally
624. Responsibility for acts or omissions of representatives

CHAPTER 8--INFRASTRUCTURE
Part 1--Infrastructure planning and funding
Division 1--Preliminary

625. Purpose of pt 1
Division 2--Non-trunk infrastructure
626. Conditions local governments may impose for non-trunk infrastructure
Division 3--Trunk infrastructure
627. Priority infrastructure plans for trunk infrastructure
628. Local government must review its priority infrastructure plan every 5 years
629. Funding trunk infrastructure for local governments
Division 4--Trunk infrastructure funding under an infrastructure charges schedule
630. Preparing and making or amending infrastructure charges schedules
631. Key elements of an infrastructure charges schedule
632. Infrastructure charges
633. Infrastructure charges notices
634. When infrastructure charges are payable
635. Application of infrastructure charges
636. Accounting for infrastructure charges
637. Agreements about, and alternatives to, paying infrastructure charges
638. Local government may supply different trunk infrastructure from that identified in a priority infrastructure plan
639. Infrastructure charges taken to be rates
Division 5--Trunk infrastructure funding under a regulated infrastructure charges schedule
640. Regulated infrastructure charge
641. Adopting and notifying regulated infrastructure charges schedule
642. Regulated infrastructure charges
643. Regulated infrastructure charges notice
644. When regulated infrastructure charges are payable
645. Application of regulated infrastructure charges
646. Accounting for regulated infrastructure charges
647. Agreements about, and alternatives to, paying regulated infrastructure charges
648. Regulated infrastructure charges taken to be rates
Division 6--Conditions local governments may impose for necessary trunk infrastructure
649. Conditions local governments may impose for necessary trunk infrastructure
Division 7--Conditions local governments may impose for additional trunk infrastructure costs
650. Conditions local governments may impose for additional trunk infrastructure costs
651. Local government additional trunk infrastructure costs in priority infrastructure areas
652. Local government additional trunk infrastructure costs outside priority infrastructure areas
Division 8--Conditions State infrastructure providers may impose for infrastructure
653. Conditions State infrastructure provider may impose
654. Requirements for conditions about safety or efficiency
655. Requirements for conditions about additional infrastructure costs
656. State infrastructure provider additional infrastructure costs in priority infrastructure areas
657. State infrastructure provider additional infrastructure costs outside priority infrastructure areas
Division 9--Miscellaneous
658. Agreements for infrastructure partnerships
659. Sale of particular land held on trust by local governments
Part 2--Infrastructure agreements
660. Definition for pt 2
661. Content of infrastructure agreements
662. Copy of infrastructure agreements to be given to local government
663. When infrastructure agreements bind successors in title
664. Exercise of discretion unaffected by infrastructure agreements
665. Infrastructure agreements prevail if inconsistent with particular instruments
Part 3--Funding of State infrastructure in master planned areas
666. Purpose of pt 3
667. Power to make regulated State infrastructure charges schedule for master planned area
668. Content of regulated State infrastructure charges schedule
669. Regulated State infrastructure charges notice
670. When regulated State infrastructure charge is payable
671. Application of regulated State infrastructure charges
672. Accounting for regulated State infrastructure charges
673. Infrastructure agreements about, and alternatives to paying regulated State infrastructure charges
674. Recovery of regulated State infrastructure charges
Part 4--Changing notices
675. Definition for pt 4
676. Application of pt 4
677. Representations about notice
678. Consideration of representations
679. Decision about representations
680. Suspension of relevant appeal period

CHAPTER 9--MISCELLANEOUS
Part 1--Existing uses and rights protected

681. Lawful uses of premises on commencement
682. Lawful uses of premises protected
683. Lawfully constructed buildings and works protected
684. New planning instruments can not affect existing development approvals or compliance permits
685. Implied and uncommenced right to use premises protected
686. State forests
687. Particular development may still be assessable or self-assessable development or development requiring compliance assessment
Part 2--Environmental impact statements
Division 1--Preliminary
688. When EIS process applies
689. Purpose of EIS process
Division 2--EIS process
690. Applying for terms of reference
691. Draft terms of reference for EIS
692. Terms of reference for EIS
693. Preparation of draft EIS
694. Public notification of draft EIS
695. Making submissions on draft EIS
696. Chief executive evaluates draft EIS, submissions and other relevant material
697. EIS assessment report
698. Criteria for preparing report
699. Required content of report
700. Who the chief executive must give EIS and other material to
Division 3--How EIS process affects IDAS
701. How IDAS applies for development the subject of an EIS
Division 4--How EIS process affects designation
702. Matters a designator must consider
Part 3--Compensation
703. Definitions for pt 3
704. Compensation for reduced value of interest in land
705. Compensation for interest in land being changed to public purpose
706. Limitations on compensation under ss 704 and 705
707. Compensation for erroneous planning and development certificates
708. Time limits for claiming compensation
709. Time limits for deciding and advising on claims
710. Deciding claims for compensation
711. Calculating reasonable compensation involving changes
712. When compensation is payable
713. Payment of compensation to be recorded on title
Part 4--Power to purchase, take or enter land for planning purposes
714. Local government may take or purchase land
715. Power of assessment manager or other entity to enter land in particular circumstances
716. Compensation for loss or damage
Part 5--Public housing
717. Application of pt 5
718. Definition for pt 5
719. How IDAS applies to development under pt 5
720. How charges for infrastructure apply for development under pt 5
721. Chief executive must publicly notify particular proposed development
722. Chief executive must advise local government about all development
Part 6--Public access to planning and development information
Division 1--Preliminary
723. Meaning of available for inspection and purchase
Division 2--Documents available for inspection and purchase or inspection only
Subdivision 1--Requirements for local governments
724. Documents local government must keep available for inspection and purchase—general
725. Documents local government must keep available for inspection and purchase—master plan applications
726. Documents local government must keep available for inspection and purchase—compliance assessment
727. Documents local government must keep available for inspection only
Subdivision 2--Requirements for assessment managers
728. Documents assessment manager must keep available for inspection and purchase—development application
729. Documents assessment manager must keep available for inspection and purchase—general
730. Documents assessment manager must keep available for inspection only
Subdivision 3--Requirements for referral agencies
731. Documents referral agency must keep available for inspection only
Subdivision 4--Requirements for chief executive
732. Documents chief executive must keep available for inspection and purchase
733. Documents chief executive must keep available for inspection only
Subdivision 5--Requirements for compliance assessors
734. Documents compliance assessor must keep available for inspection and purchase
735. Documents compliance assessor must keep available for inspection only
Division 3--Local governments to publish particular information about development applications
736. Publishing particular information about development application
Division 4--Planning and development certificates
737. Application for planning and development certificate
738. Limited planning and development certificates
739. Standard planning and development certificates
740. Full planning and development certificates
741. Time within which planning and development certificate must be given
742. Effect of planning and development certificate
Part 7--Notification stage for particular aquaculture development
Division 1--Preliminary
743. Purpose of notification stage under pt 7
744. When notification stage under pt 7 applies
745. When can notification stage start
Division 2--Public notification
746. Public notice of proposed development
747. Notification period for development applications
748. Requirements for particular notices
749. Notice of compliance to be given to assessment manager and concurrence agency
750. Assessment manager may assess and decide application if some requirements not complied with
751. Making submissions
752. Submissions made during notification period effective for later notification period
Division 3--End of notification stage
753. When does notification stage end
Division 4--Changed referral agency provisions for applications to which this part applies
754. Referral agency must not respond before notification stage ends
755. Adjusted referral agency's assessment period
Part 8--General
756. Giving electronic submissions
757. Application of Judicial Review Act 1991
758. References to Planning and Environment Court and judge of the court in other Act
759. Minister may make guidelines
760. Chief executive may make guidelines
761. Delegation by Ministers
762. Approved forms
763. Regulation-making power

CHAPTER 10--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal provision

764. Act repealed
Part 2--Transitional provisions
Division 1--Preliminary
765. Definitions for pt 2
Division 2--Provisions for State planning instruments
766. Continuing effect of State planning regulatory provisions
767. Making or amending State planning regulatory provisions under repealed IPA
768. Continuing effect of regional plans
769. Making or amending regional plans under repealed IPA
770. Continuing effect of particular directions and notices
771. Continuation of regional planning advisory committees
772. Continuation of regional coordination committees
773. Continuing effect of particular State planning policies
774. Continuing effect of State planning policy having effect for less than 1 year
775. Making or amending State planning policies under repealed IPA
776. Notification requirements do not apply for making particular State planning instruments
Division 3--Provisions for local planning instruments
777. Relationship between standard planning scheme provisions and particular instruments
778. Continuing effect of planning schemes
779. Making or amending planning schemes under repealed IPA
780. Continuing superseded planning schemes
781. Reviewing planning schemes and priority infrastructure plans
782. Continuing effect of temporary local planning instruments
783. Making temporary local planning instruments under repealed IPA
784. Repealing particular temporary local planning instruments
785. Continuing effect of planning scheme policies
786. Making or amending planning scheme policies under repealed IPA
787. Repealing particular planning scheme policies
788. Particular notices and directions under repealed IPA
Division 4--Provisions for planning partnerships
789. Master planned areas
790. Structure plans
791. Making structure plan under repealed IPA
792. Application of s 149 to particular structure plans
793. Master plans
794. Applications for approval or amendment of master plans under repealed IPA
795. Continuation of particular agreements
796. Continuation of particular local government resolutions
797. Master plans prevail over conditions of rezoning approvals under the repealed LGP&E Act
Division 5--Provisions for designations of community infrastructure
798. Designation of community infrastructure
799. Designation of land under repealed IPA
800. Continuing request to acquire designated land under repealed IPA
Division 6--Provisions for integrated development assessment system
801. Continuing effect of development approvals
802. Development applications under repealed IPA
803. Dealing with existing applications under other Acts
804. Continuing application of repealed IPA, s 5.1.25(1)
805. Request about application of superseded planning schemes
806. Particular acknowledgement notices
807. Application of repealed IPA, ch 3, pt 5, div 4
808. Preliminary approvals under repealed IPA
809. Requests to extend period under repealed IPA, s 3.5.21
810. Changing development approvals under repealed IPA
811. Request to cancel development approval
812. Particular condition of development approvals
813. Continuation of agreements under repealed IPA, s 3.5.34
814. Directions and call in powers under repealed IPA
815. Continuing effect of repealed IPA, ch 3, pt 7
Division 7--Provisions for appeals and enforcement
Subdivision 1--Planning and Environment Court
816. Appointments of judges continue
817. Rules of court and directions continue
818. Proceedings for declarations
819. Appeals to court—generally
820. Proceedings for particular declarations and appeals
821. Application of repealed IPA, s 4.1.52
822. Appeals to Court of Appeal
Subdivision 2--Building and development tribunals
823. Establishment of tribunal under repealed IPA
824. Continuation of appointment as general or aesthetics referee
825. Continuation of appointment as registrar or other officer
826. Application of ch 7, pt 2, div 3
827. Appeals to tribunals
828. Application of repealed IPA, s 4.2.33
Subdivision 3--Show cause notices and enforcement notices
829. Show cause notices
830. Enforcement notices
Subdivision 4--Legal proceedings
831. Proceedings for offences, and orders
832. Enforcement orders of the court
Division 8--Provisions about infrastructure
Subdivision 1--Preliminary
833. Charges for infrastructure
Subdivision 2--Infrastructure planning and funding
834. Priority infrastructure plans for existing planning schemes
835. Continuing effect of priority infrastructure plans
836. Infrastructure charges schedules
837. Regulated infrastructure charges schedules
838. Continued application of particular provisions about charges
839. Application of ch 8, pt 4
Subdivision 3--Infrastructure agreements
840. Infrastructure agreements
Subdivision 4--Funding of State infrastructure in master planned areas
841. Regulated State infrastructure charges schedules and agreements
Division 9--Provisions about matters under repealed IPA, chapter 5
842. Claims for compensation
843. Keeping particular documents
844. Planning and development certificates
845. Delegations
846. Guidelines
Division 10--Provisions about matters under repealed IPA, chapter 6
847. Planning scheme policies for infrastructure
848. Conditions about infrastructure for particular applications
849. Appeals about infrastructure contributions
850. Conditions attaching to land
851. Applications in progress under transitional planning schemes
852. Applications to change conditions of rezoning approvals under repealed LGP&E Act
853. Development approvals prevail over conditions of rezoning approvals under repealed LGP&E Act
854. Notice under repealed IPA, s 6.1.44
855. Infrastructure agreements
856. Rezoning agreements under previous Acts
857. Development control plans under repealed LGP&E Act
858. Transition of validated planning documents to master planning documents
859. Local Government (Robina Central Planning Agreement) Act 1992
860. Town planning certificates may be used as evidence
861. Orders in council about particular land
862. Application of repealed IPA, s 6.1.54
863. Provision for infrastructure charges plans
Division 11--Provisions for SEQ regional plan
864. Definitions for div 11
865. References in SEQ regional plan and regulatory provisions
866. Structure plan
Division 12--Miscellaneous
867. Provision for particular development applications—local heritage places
868. Particular activities not a material change of use
869. Deferment of application of s 578 to particular material changes of use
870. References to repealed IPA
871. Transitional regulation-making power

CHAPTER 11--AMENDMENTS OF ACTS

872. Acts amended in sch 2
SCHEDULE 1 -- PROHIBITED DEVELOPMENT
SCHEDULE 2 -- ACTS AMENDED
SCHEDULE 3 -- DICTIONARY

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