Queensland Numbered Acts

SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011 No. 17 - SECT 44

Chapter 10—

insert—

'Section 856 applies to an agreement mentioned in section 856(1) as if the reference in section 856(3)(c) to an infrastructure charge included a reference to an adopted infrastructure charge.

'(1) This section applies—

(a) on the day a State planning regulatory provision (adopted charges) first has effect; and

(b) until the day the State planning regulatory provision ceases to have effect.

'(2) A local government must not—

(a) levy an infrastructure charge or regulated infrastructure charge under chapter 8, part 1, division 4 or 5; or

(b) impose a condition under a planning scheme policy to which section 847 applies.

'(3) Subsection (2)—

(a) applies despite chapter 8, part 1, division 4 or 5 and sections 847 and 848; and

(b) does not stop a local government—

(i) collecting an infrastructure charge or regulated infrastructure charge lawfully levied by the local government; or

(ii) collecting an infrastructure contribution payable under a condition lawfully imposed under a planning scheme policy to which section 847 applies; and

(c) does not stop a local government giving a new notice under section 185(8) or 364; and

(d) does not affect a right or liability, or action that can be taken, under this Act in relation to a charge or infrastructure contribution mentioned in paragraph (b).

'(1) This section applies to a resolution made by a local government before the commencement of the amending Act, part 3, if the resolution provides for any matters mentioned in section 648D(1).

'(2) For this Act, the resolution is taken—

(a) to be an adopted infrastructure charges resolution; and

(b) to have effect—

(i) immediately after a State planning regulatory provision (adopted charges) first has effect; or

(ii) if a later day is stated in the resolution for that purpose—the later day.

'(3) However, the resolution is taken to be of no effect to the extent a charge adopted under the resolution for particular development or a part of the local government's area is more than the maximum adopted charge for the development or part.

'(4) Section 648D(2) to (4) and (6) to (8) applies in relation to the local government and the resolution as if the reference in section 648D(3) to 'the local government makes an adopted infrastructure charges resolution' were a reference to 'the commencement of the amending Act, part 3'.

'(5) In this section—

amending Act means the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011.'.