Queensland Numbered Acts Queensland Numbered ActsChapter 8, part 1—
insert—
'(1) An adopted infrastructure charge, for trunk infrastructure for which a State planning regulatory provision (adopted charges) applies, is—
(a) if the local government has adopted a charge for the infrastructure under an adopted infrastructure charges resolution—the adopted charge; or
(b) otherwise—the lesser of the following—
(i) a charge equivalent to the pre-SPRP amount for development for which the charge is levied;
(ii) the maximum adopted charge for the infrastructure.
'(2) In this section—
prescribed time means immediately before the State planning regulatory provision (adopted charges) for the trunk infrastructure comes into effect.
pre-SPRP amount for development is the maximum amount the local government could have obtained in relation to the development, at the prescribed time, by doing any of the following—
(a) imposing a condition requiring payment of a contribution under section 848;
(b) levying an infrastructure charge under division 4;
(c) levying a regulated infrastructure charge under division 5.
'(1) A State planning regulatory provision may provide for a charge for the supply of trunk infrastructure.
'(2) The State planning regulatory provision must state the following—
(a) that it is made for this division;
(b) a maximum charge (a maximum adopted charge) for trunk infrastructure;
(c) development for which the charge may be levied.
'(3) The State planning regulatory provision must include a schedule of the maximum adopted charges for the trunk infrastructure (an adopted infrastructure charges schedule).
'(4) Without limiting subsection (1), the State planning regulatory provision may—
(a) state different charges for different development; and
(b) state different charges for different local governments or parts of a local government's area; and
(c) identify, for a local government area, a priority infrastructure area; and
(d) state the proportion of an adopted infrastructure charge under section 648A(1)(b) for the trunk infrastructure that may be—
(i) levied by a participating local government; or
(ii) charged by a distributor-retailer for its water service or wastewater service.
Note—
Under section 648G, a participating local government and a distributor-retailer may enter into an agreement about the proportion of an adopted infrastructure charge that may be levied by the local government or charged by the distributor-retailer. If an agreement is entered into, the proportion provided for under the agreement prevails over the proportion stated in the State planning regulatory provision.
'(5) A State planning regulatory provision under this section is called a State planning regulatory provision (adopted charges).
'(1) The Minister may, by gazette notice, change the amount of a maximum adopted charge under a State planning regulatory provision (adopted charges).
'(2) Any increase under subsection (1) in a maximum adopted charge over a financial year must not be more than an amount equal to the amount of the maximum adopted charge at the start of the financial year multiplied by the 3-year moving average annual percentage increase in the relevant producer index for the period of 3 years ending at the start of the financial year.
'(3) A change to a maximum adopted charge under subsection (1) takes effect on the day the notice is gazetted.
'(4) An amendment of the State planning regulatory provision under this section has effect despite section 70(1).
'(5) In this section—
relevant producer index means the producer price index for Queensland road and bridge construction available quarterly from the Australian Bureau of Statistics.
'(1) A local government may by resolution (an adopted infrastructure charges resolution)—
(a) adopt a charge for particular development that is less than the maximum adopted charge for the development; and
(b) adopt different charges for development in different parts of its local government area, if each charge is less than the maximum adopted charge for the development in the part; and
(c) declare that an adopted infrastructure charge does not apply for its local government area or a part of its local government area; and
(d) state—
(i) that, in stated circumstances, the charge for particular development is to be discounted to take into account the existing usage of trunk infrastructure by the premises on or in relation to which the development is carried out; and
(ii) how the discount is to be calculated; and
(e) if the local government does not have a priority infrastructure plan—
(i) identify trunk infrastructure for its local government area; and
(ii) identify the trunk infrastructure network or trunk infrastructure networks to which an adopted infrastructure charge applies; and
(iii) state the standard of service for each network mentioned in subparagraph (ii); and
(iv) state the establishment cost of each network.
'(2) A participating local government for a distributor-retailer must not adopt a charge that is—
(a) less than the standard amount for the distributor-retailer under chapter 9, part 7A; or
(b) more than an amount equal to the sum of—
(i) the standard amount for the distributor-retailer under chapter 9, part 7A; and
(ii) an amount equal to the maximum adopted charge for the infrastructure multiplied by the local government's relevant proportion of the adopted infrastructure charge.
'(3) As soon as practicable after the local government makes an adopted infrastructure charges resolution, the local government must publish, in a newspaper circulating generally in its area, a notice stating the following—
(a) the name of the local government;
(b) the day the resolution was made;
(c) the details of the resolution, or how a person can obtain the details.
'(4) On the day the notice is published, or as soon as practicable after the day, the local government must give the chief executive—
(a) a copy of the notice; and
(b) 3 certified copies of a document stating the details of the resolution.
'(5) The resolution has effect—
(a) on and from the day the making of the resolution is first notified in a newspaper circulating generally in the local government's area; or
(b) if a later day is stated in the resolution for that purpose—the later day.
'(6) A copy of the details of the resolution must be attached to each copy of the local government's planning scheme.
'(7) To remove any doubt, it is declared that the copy of the details of the resolution is not part of the local government's planning scheme.
'(8) A local government may, under its adopted infrastructure charges resolution, state whether or not an adopted infrastructure charge may be levied for development in a declared master planned area of the local government.
'(9) If the local government has a priority infrastructure plan, the resolution ceases to have effect, to the extent it provides for matters mentioned in subsection (1)(e), when the priority infrastructure plan has effect.
'An adopted infrastructure charge must not be levied for—
(a) work or use of land authorised under the Mineral Resources Act 1989, the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004 or the Greenhouse Gas Storage Act 2009; or
(b) development in an urban development area under the Urban Land Development Authority Act 2007; or
(c) development in a declared master planned area in a local government's area, unless an adopted infrastructure charges resolution of the local government states the charge applies for development in the declared master planned area.
'(1) A notice requiring payment of an adopted infrastructure charge (an adopted infrastructure charges notice) must state each of the following—
(a) the amount of the charge;
(b) the land to which the charge applies;
(c) the person to whom the charge must be paid;
(d) when the charge is payable.
'(2) An adopted infrastructure charges notice may be given only in relation to a development approval or compliance permit.
'(3) The local government must give the notice to the applicant or person who requested compliance assessment—
(a) if the local government is the assessment manager or compliance assessor—
(i) at the same time as the development approval or compliance permit is given; or
(ii) for a deemed approval for which a decision notice has not been given—within 20 business days after receiving a copy of the deemed approval notice; or
(b) otherwise—
(i) within 10 business days after the local government receives a copy of the approval or permit; or
(ii) for a deemed approval for which a decision notice has not been given—within 20 business days after receiving a copy of the deemed approval notice.
'(4) The charge is not recoverable unless the entitlements under the development approval or compliance permit are exercised.
'(5) The notice lapses if the development approval or compliance permit stops having effect.
'(1) This section applies to a participating local government for a distributor-retailer.
'(2) The local government and the distributor-retailer may enter into a written agreement about the proportion of an adopted infrastructure charge under section 648A(1)(b) that may be—
(a) levied by the local government; or
(b) charged by the distributor-retailer for its water service or wastewater service.
'(3) An adopted infrastructure charge levied by the local government for trunk infrastructure must be—
(a) if the local government has adopted a charge under an adopted charges resolution—the adopted charge less the distributor-retailer's standard amount under chapter 9, part 7A in relation to the infrastructure; or
(b) otherwise—the amount of the local government's relevant proportion of the adopted infrastructure charge for the infrastructure.
'An adopted infrastructure charge is payable—
(a) if the charge applies to reconfiguring a lot that is assessable development or development requiring compliance assessment—before the local government approves the plan of subdivision for the reconfiguration; or
(b) if the charge applies to building work that is assessable development or development requiring compliance assessment—before the certificate of classification for the building work is issued; or
(c) if the charge applies to a material change of use—before the change happens; or
(d) otherwise—on the day stated in the adopted infrastructure charges notice or negotiated adopted infrastructure charges notice.
'An adopted infrastructure charge levied and collected for trunk infrastructure must be used to provide—
(a) if the local government has, under an adopted infrastructure charges resolution, identified the trunk infrastructure network or trunk infrastructure networks to which the charge applies—the network or networks identified for the charge; or
(b) otherwise—trunk infrastructure.
'To remove any doubt, it is declared that an adopted infrastructure charge levied and collected by a local government need not be held in trust.
'(1) Despite section 648H, a person to whom an adopted infrastructure charges notice or negotiated adopted infrastructure charges notice has been given and the local government may enter into a written agreement about 1 or more of the following—
(a) whether the charge may be paid at a different time from the time stated in the notice, and whether it may be paid by instalments;
(b) whether infrastructure may be supplied instead of paying all or part of the charge.
'(2) For development infrastructure that is land, the local government may give the applicant or person who requested compliance assessment a notice, in addition to, or instead of, the notice given under section 648F, requiring the applicant or person to—
(a) give to the local government, in fee simple, part of the land the subject of the development application or request for compliance assessment; or
(b) give to the local government—
(i) in fee simple, part of the land the subject of the development application or request for compliance assessment; and
(ii) part of an adopted infrastructure charge.
'(3) If the applicant or person who requested compliance assessment is required to give land under subsection (2)(a), or a combination of land and a charge under subsection (2)(b), the total value of the contribution must not be more than the amount of the charge mentioned in section 648F(1).
'(4) The applicant or person who requested compliance assessment must comply with a notice under subsection (2) as soon as practicable.
'(5) If land is to be given under subsection (2) to the local government for public parks infrastructure or local community facilities, the land must be given on trust.
'(1) An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be rates within the meaning of the Local Government Act.
'(2) However, if the local government and an applicant or person who requested compliance assessment enter into a written agreement stating the charge is a debt owing to it by the applicant or person, subsection (1) does not apply.'.