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Sustainable Planning Act 2009

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Queensland
Sustainable Planning Act 2009
Current as at 19 December 2014
Information about this reprint
This reprint shows the legislation current as at the date on the cover and is authorised by
the Parliamentary Counsel.
A new reprint of the legislation will be prepared by the Office of the Queensland
Parliamentary Counsel when any change to the legislation takes effect. This change may
be because a provision of the original legislation, or an amendment to it, commences or
because a particular provision of the legislation expires or is repealed.
When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is
necessary to replace this reprint before a new reprint is prepared, for example, to include
amendments with a retrospective commencement, an appropriate note would be included
on the cover of the replacement reprint and on the copy of this reprint at
www.legislation.qld.gov.au.
The endnotes to this reprint contain detailed information about the legislation and reprint.
For example—
•
The table of reprints endnote lists any previous reprints and, for this reprint, gives
details of any discretionary editorial powers under the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in preparing it.
•
The list of legislation endnote gives historical information about the original
legislation and the legislation which amended it. It also gives details of
uncommenced amendments to this legislation. For information about possible
amendments to the legislation by Bills introduced in Parliament, see the Queensland
Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/
information.htm.
•
The list of annotations endnote gives historical information at section level.
All Queensland reprints are dated and authorised by the Parliamentary Counsel. The
previous numbering system and distinctions between printed and electronic reprints are
not continued.
Queensland
Sustainable Planning Act 2009
Contents
Page
Chapter 1
Preliminary
Part 1
Introduction
1
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
2
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
Part 2
Purpose and advancing the purpose
3
Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43
4
Advancing Act’s purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
5
What advancing Act’s purpose includes. . . . . . . . . . . . . . . . . . . .
44
Part 3
Interpretation
Division 1
Dictionary
6
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
Division 2
Key definitions
7
Meaning of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
8
Meaning of ecological sustainability . . . . . . . . . . . . . . . . . . . . . . .
47
9
Meaning of lawful use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47
Division 3
Supporting definitions and explanations for key definitions
10
Definitions for terms used in development . . . . . . . . . . . . . . . . . .
47
11
Explanation of terms used in ecological sustainability . . . . . . . . .
52
Division 4
General matters
12
Meaning of words in Act prevail over planning instruments . . . . .
53
13
References in Act to particular terms . . . . . . . . . . . . . . . . . . . . . .
53
Part 4
Application of Act
14
Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2
State planning instruments
Part 1
Preliminary
15
State planning instruments under Act . . . . . . . . . . . . . . . . . . . . .
54
55
Sustainable Planning Act 2009
Contents
Part 2
State planning regulatory provisions
Division 1
Preliminary
16
What is a State planning regulatory provision . . . . . . . . . . . . . . .
55
17
Status of State planning regulatory provision. . . . . . . . . . . . . . . .
56
18
State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56
19
Relationship with other instruments . . . . . . . . . . . . . . . . . . . . . . .
56
Division 2
General matters about State planning regulatory provisions
20
Power to make State planning regulatory provision . . . . . . . . . . .
56
21
Content of State planning regulatory provision . . . . . . . . . . . . . .
57
Part 3
State planning policies
Division 1
Preliminary
22
What is a State planning policy . . . . . . . . . . . . . . . . . . . . . . . . . .
59
23
Status of State planning policy . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
24
Area to which State planning policy applies . . . . . . . . . . . . . . . . .
59
25
Relationship with regional plans and local planning instruments .
59
Division 2
General matters about State planning policies
26
Power to make State planning policy—generally . . . . . . . . . . . . .
59
27
Duration of State planning policy made under pt 6 . . . . . . . . . . .
60
Division 3
Temporary State planning policies
28
Power to make temporary State planning policy . . . . . . . . . . . . .
60
29
Making temporary State planning policy . . . . . . . . . . . . . . . . . . .
61
30
Effect of temporary State planning policy . . . . . . . . . . . . . . . . . . .
62
31
Duration of temporary State planning policy . . . . . . . . . . . . . . . .
62
Part 4
Regional plans
Division 1
Preliminary
32
What is a designated region. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Regional plans for designated regions
Subdivision 1
Preliminary
33
What is a regional plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
34
Status of regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
35
State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63
36
Relationship with other instruments . . . . . . . . . . . . . . . . . . . . . . .
63
Subdivision 2
Requirement to make, and key elements of, regional plans
37
Requirement to make regional plan . . . . . . . . . . . . . . . . . . . . . . .
64
38
Key elements of regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . .
64
Page 2
62
Sustainable Planning Act 2009
Contents
Subdivision 3
Requirement to amend planning schemes to reflect
regional plans
39
Amending planning schemes to reflect regional plan. . . . . . . . . .
Division 3
Regional planning committees
40
What are regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66
41
Establishment of regional planning committee . . . . . . . . . . . . . . .
66
42
Functions of regional planning committee . . . . . . . . . . . . . . . . . .
67
43
Membership of regional planning committee . . . . . . . . . . . . . . . .
68
44
Changing particular committee . . . . . . . . . . . . . . . . . . . . . . . . . .
68
45
Dissolution of regional planning committee . . . . . . . . . . . . . . . . .
69
46
Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
47
Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
48
Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
49
Reports of particular committee . . . . . . . . . . . . . . . . . . . . . . . . . .
69
Part 5
Standard planning scheme provisions
Division 1
Preliminary
50
What are standard planning scheme provisions . . . . . . . . . . . . .
70
51
Status of standard planning scheme provisions . . . . . . . . . . . . . .
70
52
Effect of standard planning scheme provisions . . . . . . . . . . . . . .
70
53
Relationship with local planning instruments . . . . . . . . . . . . . . . .
70
Division 2
General matters about standard planning scheme
provisions
65
54
Power to make standard planning scheme provisions . . . . . . . . .
71
55
Local governments to amend planning schemes to reflect standard
planning scheme provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71
55A
Limited application of s 777 for IPA standard provisions . . . . . . .
72
Part 6
Making, amending and repealing State planning
instruments
Division 1
Preliminary
56
Process for making, amending or repealing State planning instrument
73
57
Compliance with divs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Process for making State planning instruments
74
58
Preparation of draft instrument. . . . . . . . . . . . . . . . . . . . . . . . . . .
74
59
Endorsing particular draft instrument . . . . . . . . . . . . . . . . . . . . . .
75
60
Notice about draft instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75
61
Keeping draft instrument available for inspection and purchase .
76
Page 3
Sustainable Planning Act 2009
Contents
62
Dealing with draft State planning regulatory provision . . . . . . . . .
76
63
Making State planning instruments . . . . . . . . . . . . . . . . . . . . . . .
77
64
Notice about making State planning instrument. . . . . . . . . . . . . .
78
65
Notice about decision not to make State planning instrument . . .
78
66
Particular State planning regulatory provisions to be ratified by
Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79
67
State planning regulatory provisions that are subject to disallowance 79
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80
69
Notice of amendment under s 68 . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
Other amendments
70
Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81
71
Decision not to proceed with amendment of regional plan. . . . . .
82
Division 4
When State planning instrument or amendment has effect
81
72
When State planning instrument or amendment has effect . . . . .
73
Effect of draft State planning regulatory provision and draft amendments
83
Division 5
Repealing and replacing State planning instruments
74
Notice of repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
75
When repeal has effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85
76
Replacement of regional plans. . . . . . . . . . . . . . . . . . . . . . . . . . .
85
Chapter 3
Local planning instruments
Part 1
Preliminary
77
Local planning instruments under Act . . . . . . . . . . . . . . . . . . . . .
85
78
Infrastructure intentions in local planning instruments not binding
85
78A
Relationship between local planning instruments and Building Act
86
Part 2
Planning schemes
Division 1
Preliminary
79
What is a planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86
80
Status of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87
81
Effects of planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87
82
Area to which planning scheme applies . . . . . . . . . . . . . . . . . . . .
87
83
Relationship with planning scheme policies . . . . . . . . . . . . . . . . .
87
Page 4
82
Sustainable Planning Act 2009
Contents
Division 2
General provisions about planning schemes
84
Power to make planning scheme . . . . . . . . . . . . . . . . . . . . . . . . .
88
85
Documents planning scheme may adopt . . . . . . . . . . . . . . . . . . .
88
86
Planning schemes for particular local governments . . . . . . . . . . .
88
87
Covenants not to conflict with planning scheme. . . . . . . . . . . . . .
90
Division 3
Key concepts for planning schemes
88
Key elements of planning scheme . . . . . . . . . . . . . . . . . . . . . . . .
90
89
Core matters for planning scheme . . . . . . . . . . . . . . . . . . . . . . . .
91
90
State, regional and local dimensions of planning scheme matters
92
Division 4
Provisions about reviewing planning schemes generally
Subdivision 1
Reviewing planning schemes
91
Local government must review planning scheme every 10 years
93
92
Action local government may take after review . . . . . . . . . . . . . .
93
93
Report about review if decision is to take no action . . . . . . . . . . .
94
94
Notice about report to be published . . . . . . . . . . . . . . . . . . . . . . .
94
Subdivision 2
LGIP review
94A
Requirement to review LGIP . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 5
Application of superseded planning schemes
95
95
Request for application of superseded planning scheme. . . . . . .
95
96
Decision on request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97
97
Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
97
98
When development under superseded planning scheme must start
97
99
When development application (superseded planning scheme) can be
made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98
100
When request for compliance assessment under a superseded planning
scheme can be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99
Part 3
Temporary local planning instruments
Division 1
Preliminary
101
What is a temporary local planning instrument . . . . . . . . . . . . . .
100
102
Status of temporary local planning instrument . . . . . . . . . . . . . . .
100
103
Area to which temporary local planning instrument applies . . . . .
100
104
Relationship with planning scheme . . . . . . . . . . . . . . . . . . . . . . .
100
Division 2
General matters about temporary local planning
instruments
105
Power to make temporary local planning instrument . . . . . . . . . .
101
106
Content of temporary local planning instrument. . . . . . . . . . . . . .
101
Page 5
Sustainable Planning Act 2009
Contents
107
Temporary local planning instrument may adopt planning scheme policy
102
Part 4
Planning scheme policies
Division 1
Preliminary
108
What is a planning scheme policy . . . . . . . . . . . . . . . . . . . . . . . .
102
109
Status of planning scheme policy. . . . . . . . . . . . . . . . . . . . . . . . .
103
110
Effect of planning scheme policy . . . . . . . . . . . . . . . . . . . . . . . . .
103
111
Area to which planning scheme policy applies. . . . . . . . . . . . . . .
103
112
Relationship with other planning instruments. . . . . . . . . . . . . . . .
103
Division 2
General matters about planning scheme policies
113
Power to make planning scheme policy . . . . . . . . . . . . . . . . . . . .
103
114
Content of planning scheme policy . . . . . . . . . . . . . . . . . . . . . . .
104
115
Planning scheme policy can not adopt particular documents . . .
104
Part 5
Making, amending or repealing local planning instruments
Division 1
Making or amending local planning instruments
117
Process for preparing, making or amending local planning instruments
105
118
Content of guideline for making or amending local planning instrument
105
119
Compliance with guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107
120
When planning scheme, temporary local planning instrument and
amendments have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108
121
When planning scheme policy and amendments have effect. . . .
108
122
Consolidating planning schemes . . . . . . . . . . . . . . . . . . . . . . . . .
109
Division 3
Repealing local planning instruments
123
Repealing temporary local planning instruments . . . . . . . . . . . . .
109
124
Repealing planning scheme policies . . . . . . . . . . . . . . . . . . . . . .
110
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 . . . . . . . . . . . . . . . . . . . . . . . . . .
112
127
Power of Minister to direct local government to prepare a consolidated
planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113
128
Power of Minister if local government does not comply with direction113
Page 6
111
Sustainable Planning Act 2009
Contents
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
114
Division 3
Process for dealing with local planning instruments under
part 6
130
Process for Minister to take action under pt 6 . . . . . . . . . . . . . . .
Chapter 5
Designation of land for community infrastructure
Part 1
Preliminary
115
200
Who may designate land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115
201
Matters to be considered when designating land . . . . . . . . . . . . .
116
202
What designations may include . . . . . . . . . . . . . . . . . . . . . . . . . .
116
203
How IDAS applies to designated land . . . . . . . . . . . . . . . . . . . . .
117
204
Relationship of designation to State Development and Public Works
Organisation Act 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117
205
How infrastructure charges apply to designated land . . . . . . . . .
117
206
How designations must be shown in planning schemes . . . . . . .
117
Part 2
Ministerial designations
207
Matters the Minister must consider before designating land . . . .
118
208
Procedures after designation . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120
209
Procedures if designation does not proceed . . . . . . . . . . . . . . . .
121
210
Effects of ministerial designations . . . . . . . . . . . . . . . . . . . . . . . .
121
211
When local government must include designation in planning scheme
121
Part 3
Local government designations
212
Designation of land by local government . . . . . . . . . . . . . . . . . . .
122
213
Designating land the local government does not own . . . . . . . . .
122
Part 4
Duration and reconfirmation of designations
214
Duration of designations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123
215
When designations do not cease . . . . . . . . . . . . . . . . . . . . . . . . .
123
216
Reconfirming designation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124
Part 5
Repealing designations
217
Who may repeal designations . . . . . . . . . . . . . . . . . . . . . . . . . . .
125
218
Notice of repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
125
219
Minister or local government to give notice of repeal to particular entities
126
220
When designation ceases to have effect . . . . . . . . . . . . . . . . . . .
126
221
Local government to note repeal on planning scheme. . . . . . . . .
126
Page 7
Sustainable Planning Act 2009
Contents
Part 6
Acquiring designated land
222
Request to acquire designated land under hardship . . . . . . . . . .
127
223
Decision about request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128
224
Notice about grant of request . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128
225
Notice about refusal of request . . . . . . . . . . . . . . . . . . . . . . . . . .
128
226
Alternative action designator may take. . . . . . . . . . . . . . . . . . . . .
129
227
If the designator does not act under the notice . . . . . . . . . . . . . .
129
228
How value of interest is decided. . . . . . . . . . . . . . . . . . . . . . . . . .
130
Part 7
Delegation of Minister’s functions 130
229
Ministers may delegate particular administrative functions about
designations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130
Chapter 6
Integrated development assessment system (IDAS)
Part 1
Preliminary
Division 1
Introduction
230
What is IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131
231
Categories of development under Act . . . . . . . . . . . . . . . . . . . . .
131
232
Regulation may prescribe categories of development or require code or
impact assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132
233
Relationship between regulation and planning scheme, temporary local
planning instrument or local law . . . . . . . . . . . . . . . . . . . . . . . . . .
132
234
Relationship between sch 1 and planning instruments . . . . . . . .
Division 2
Particular provisions about categories of development
235
Exempt development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
134
236
Self-assessable development. . . . . . . . . . . . . . . . . . . . . . . . . . . .
135
237
Development requiring compliance assessment . . . . . . . . . . . . .
135
134
238
Assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135
239
Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135
Division 3
Approvals for IDAS
Subdivision 1
Preliminary
240
Types of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
Preliminary approvals
241
Preliminary approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136
242
Preliminary approval may affect a local planning instrument . . . .
137
Subdivision 3
Development permits
243
Development permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 4
Other matters about development approvals
244
Development approval includes conditions . . . . . . . . . . . . . . . . .
Page 8
136
139
139
Sustainable Planning Act 2009
Contents
245
Development approval attaches to land . . . . . . . . . . . . . . . . . . . .
Division 4
Assessment managers and referral agencies
140
Subdivision 1
Assessment managers
246
Who is the assessment manager . . . . . . . . . . . . . . . . . . . . . . . . .
140
247
Role of assessment manager. . . . . . . . . . . . . . . . . . . . . . . . . . . .
141
248
Jurisdiction of local government as assessment manager for particular
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141
249
When assessment manager also has jurisdiction as concurrence
agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141
Subdivision 2
Referral agencies
250
Who is an advice agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142
251
Who is a concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . .
142
252
Who is a referral agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142
254
Jurisdiction of referral agencies for applications—generally. . . . .
142
255
Concurrence agencies if Minister decides assessment manager
143
Subdivision 2A
Chief executive assessing particular applications as
assessment manager or referral agency
255A
Application requiring code assessment . . . . . . . . . . . . . . . . . . . .
143
255B
Application requiring impact assessment . . . . . . . . . . . . . . . . . . .
144
255C
Chief executive assessing application as a referral agency . . . . .
144
255D
Chief executive imposes conditions or recommends conditions be
imposed on development approval. . . . . . . . . . . . . . . . . . . . . . . .
144
255E
Relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146
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
Giving notices electronically
259
Giving notices using e-IDAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Application stage
Division 1
Application process
Subdivision 1
Applying for development approvals
148
149
149
260
Applying for development approval . . . . . . . . . . . . . . . . . . . . . . .
150
261
When application is a properly made application . . . . . . . . . . . . .
151
262
Special provision about electronic applications . . . . . . . . . . . . . .
152
263
When owner’s consent is required for application . . . . . . . . . . . .
153
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Approved material change of use required for particular developments
154
Subdivision 2
Notices about receipt of applications
266
Notice about application that is not a properly made application .
154
267
Notice about properly made application . . . . . . . . . . . . . . . . . . . .
155
268
Content of acknowledgement notice . . . . . . . . . . . . . . . . . . . . . .
156
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 . . . . . . . . . . . . . . . . . .
157
271
Referral agency responses before application is made . . . . . . . .
157
Division 2
Giving material to referral agencies
272
Applicant gives material to referral agency. . . . . . . . . . . . . . . . . .
158
273
Lapsing of application if material not given . . . . . . . . . . . . . . . . .
159
274
When application taken not to have lapsed . . . . . . . . . . . . . . . . .
160
275
Applicant to advise assessment manager when material given . .
160
Division 3
Information requests
276
Information request to applicant . . . . . . . . . . . . . . . . . . . . . . . . . .
160
277
Extending information request period. . . . . . . . . . . . . . . . . . . . . .
161
278
Applicant responds to any information request . . . . . . . . . . . . . .
162
279
Lapsing of application if no response to information request . . . .
163
280
When application taken not to have lapsed . . . . . . . . . . . . . . . . .
163
281
Referral agency to advise assessment manager of response . . .
164
Division 4
Referral agency assessment
Subdivision 1
Assessment generally
282
Referral agency assesses application . . . . . . . . . . . . . . . . . . . . .
164
283
Referral agency’s assessment period. . . . . . . . . . . . . . . . . . . . . .
166
284
Extending referral agency’s assessment period . . . . . . . . . . . . . .
167
Subdivision 2
Concurrence agency responses
285
When concurrence agency must give response for particular matters
167
286
Effect if concurrence agency does not give response . . . . . . . . .
168
287
Concurrence agency’s response powers . . . . . . . . . . . . . . . . . . .
168
288
Limitation on concurrence agency’s power to refuse application .
170
289
Concurrence agency’s response to include reasons for refusal or
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
170
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How a concurrence agency may change its response or give late
response. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
171
Subdivision 3
Advice agency responses
291
When advice agency must give response for particular matters .
172
292
Advice agency’s response powers . . . . . . . . . . . . . . . . . . . . . . . .
172
Division 5
End of information and referral stage
293
When does information and referral stage end . . . . . . . . . . . . . .
173
Part 4
Notification stage
Division 1
Preliminary
294
Purpose of notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . .
174
295
When notification stage applies . . . . . . . . . . . . . . . . . . . . . . . . . .
174
296
When notification stage can start . . . . . . . . . . . . . . . . . . . . . . . . .
175
Division 2
Public notification
297
Applicant or assessment manager to give public notice of application
176
298
Notification period for applications . . . . . . . . . . . . . . . . . . . . . . . .
177
299
Requirements for particular notices . . . . . . . . . . . . . . . . . . . . . . .
178
300
Applicant to give assessment manager notice about particular matters
179
301
Notice of compliance to be given to assessment manager . . . . .
302
Application lapses if notification not carried out or notice of compliance
not given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
179
303
When application taken not to have lapsed . . . . . . . . . . . . . . . . .
180
304
Assessment manager may assess and decide application if some
requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . .
180
179
Division 3
Submissions about applications
305
Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
181
306
Submissions made during notification period effective for later
notification period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
181
Division 4
End of notification stage
307
When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . .
Part 5
Decision stage
182
Division 1
Preliminary
308
Assessment necessary even if concurrence agency refuses application
182
309
When does decision stage start . . . . . . . . . . . . . . . . . . . . . . . . . .
310
Effect on decision stage if action taken under Native Title Act (Cwlth)
183
183
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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 184
313
Code assessment—generally . . . . . . . . . . . . . . . . . . . . . . . . . . .
184
184
314
Impact assessment—generally . . . . . . . . . . . . . . . . . . . . . . . . . .
186
315
Code and impact assessment—superseded planning scheme . .
187
316
Assessment for s 242 preliminary approvals that affect a local planning
instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
188
317
Assessment manager may give weight to later planning instrument,
code, law or policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
189
Division 3
Decision
Subdivision 1
Decision-making period
318
Decision-making period—generally . . . . . . . . . . . . . . . . . . . . . . .
190
319
Decision-making period—changed circumstances . . . . . . . . . . .
190
320
Applicant may stop decision-making period to make representations191
321
Applicant may stop decision-making period to request chief executive’s
assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
191
Subdivision 2
Decision rules—generally
323
Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
192
324
Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193
325
Effect of concurrence agency’s response. . . . . . . . . . . . . . . . . . .
193
326
Other decision rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
194
Subdivision 3
Decision rules—application under section 242
327
Decision if application under s 242 requires assessment . . . . . .
195
328
Effect of concurrence agency’s response. . . . . . . . . . . . . . . . . . .
195
329
Other decision rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
196
Subdivision 4
Deemed decision for particular applications
330
Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
196
331
Deemed approval of applications . . . . . . . . . . . . . . . . . . . . . . . . .
197
332
Standard conditions for deemed approvals . . . . . . . . . . . . . . . . .
199
333
Limitation on giving deemed approval notice . . . . . . . . . . . . . . . .
199
Division 4
Notice of decision
334
Assessment manager to give notice of decision . . . . . . . . . . . . .
200
335
Content of decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
201
336
Material to be given with decision notice . . . . . . . . . . . . . . . . . . .
203
337
Assessment manager to give copy of decision notice to principal
submitter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
203
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Decision notice given by private certifier . . . . . . . . . . . . . . . . . . .
Division 5
Approvals
339
When approval takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
204
340
When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . .
206
341
When approval lapses if development not started . . . . . . . . . . . .
206
342
When approval lapses if development started but not
completed—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
209
When approval lapses if development started but not
completed—preliminary approval . . . . . . . . . . . . . . . . . . . . . . . . .
209
343
Division 6
204
Conditions
344
Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210
345
Conditions must be relevant or reasonable . . . . . . . . . . . . . . . . .
210
346
Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
211
346A
Environmental offset conditions . . . . . . . . . . . . . . . . . . . . . . . . . .
212
346B
Conditions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
213
347
Conditions that can not be imposed . . . . . . . . . . . . . . . . . . . . . . .
213
347A
Conditions about water infrastructure. . . . . . . . . . . . . . . . . . . . . .
214
348
Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
214
349
Covenants not to be inconsistent with development approvals . .
214
Part 6
Changing or withdrawing development applications
Division 1
Preliminary
350
Meaning of minor change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Procedure for changing applications
351
Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
216
352
Assessment manager to advise referral agencies about changed
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
217
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
218
355
Effect on IDAS—other changes . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 4
Withdrawing applications
215
217
218
356
Withdrawing an application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 7
Missed referral agencies
219
357
Notice of missed referral agency . . . . . . . . . . . . . . . . . . . . . . . . .
358
Effect of missed referral agency on information and referral stage and
notification stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
220
220
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Effect of missed referral agency on decision stage . . . . . . . . . . .
Part 8
Dealing with decision notices and approvals
221
Division 1
Changing decision notices and approvals during
applicant’s appeal period
360
Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
222
361
Applicant may make representations about decision . . . . . . . . . .
222
362
Assessment manager to consider representations . . . . . . . . . . .
223
363
Decision about representations . . . . . . . . . . . . . . . . . . . . . . . . . .
223
364
Giving new notice about charges for infrastructure . . . . . . . . . . .
224
366
Applicant may suspend applicant’s appeal period . . . . . . . . . . . .
224
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 . . . . .
225
368
Notice about proposed change before request is made. . . . . . . .
226
Subdivision 2
Procedure for changing approvals
369
Request to change development approval . . . . . . . . . . . . . . . . . .
226
370
Notice of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
227
371
When owner’s consent required for request . . . . . . . . . . . . . . . . .
228
372
Copy of request to be given to particular entities . . . . . . . . . . . . .
229
Subdivision 3
Assessing and deciding request for change
373
Particular entities to assess request for change. . . . . . . . . . . . . .
229
374
Responsible entity to assess request . . . . . . . . . . . . . . . . . . . . . .
230
375
Responsible entity to decide request . . . . . . . . . . . . . . . . . . . . . .
230
376
Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
231
377
When decision has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
233
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
233
Division 4
Cancelling approvals
379
Request to cancel development approval. . . . . . . . . . . . . . . . . . .
235
380
Restriction on making request . . . . . . . . . . . . . . . . . . . . . . . . . . .
236
381
Assessment manager to cancel approval. . . . . . . . . . . . . . . . . . .
236
382
Release of monetary security. . . . . . . . . . . . . . . . . . . . . . . . . . . .
236
Division 5
Extending period of approvals
383
Request to extend period in s 341 . . . . . . . . . . . . . . . . . . . . . . . .
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Request can not be withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . .
385
Concurrence agency may advise assessment manager about request
238
238
386
Deciding particular requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
238
387
Assessment manager to decide request . . . . . . . . . . . . . . . . . . .
238
388
Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
239
389
Assessment manager to give notice of decision . . . . . . . . . . . . .
240
390
Approval does not lapse until request is decided . . . . . . . . . . . . .
240
Division 6
Recording approvals on planning scheme
391
Particular approvals to be recorded on planning scheme . . . . . .
Part 10
Compliance stage
Division 1
Preliminary
393
Purpose of compliance stage . . . . . . . . . . . . . . . . . . . . . . . . . . . .
241
394
Compliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
242
395
Compliance certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
242
396
What does compliance stage apply to . . . . . . . . . . . . . . . . . . . . .
242
397
Nominating a document or work for compliance assessment—generally
242
398
Nominating document or work for compliance assessment—condition of
development approval or compliance permit . . . . . . . . . . . . . . . .
243
399
Who may carry out compliance assessment . . . . . . . . . . . . . . . .
244
400
When compliance stage starts . . . . . . . . . . . . . . . . . . . . . . . . . . .
245
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
240
246
247
Subdivision 3
Compliance assessor to assess and decide request
403
Assessment of request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
248
404
Assessment of request under superseded planning scheme. . . .
248
405
Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
249
406
Conditions must be relevant and reasonable . . . . . . . . . . . . . . . .
250
406A
Conditions about water infrastructure. . . . . . . . . . . . . . . . . . . . . .
251
407
Compliance assessor to give compliance permit or certificate on
approval of request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
251
408
When notice about decision must be given . . . . . . . . . . . . . . . . .
252
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Duration and effect of compliance permit . . . . . . . . . . . . . . . . . . .
253
410
When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . .
253
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 . . . . . . . . . . . . . . . . . . .
255
413
Changing compliance permit or compliance certificate . . . . . . . .
256
414
When decision about change has effect. . . . . . . . . . . . . . . . . . . .
257
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
258
Part 11
Ministerial IDAS powers
Division 1
Ministerial directions
417
Ministerial directions to assessment managers—future applications 258
418
Ministerial directions to assessment managers—particular applications
259
419
Ministerial directions to assessment managers—conditions . . . .
420
Ministerial directions to concurrence agencies. . . . . . . . . . . . . . .
262
421
Ministerial directions to applicants . . . . . . . . . . . . . . . . . . . . . . . .
263
422
Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
264
422A
No requirement to consult on directions. . . . . . . . . . . . . . . . . . . .
264
Division 2
Ministerial call in powers
423
Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
264
424
Application may be called in only for State interest . . . . . . . . . . .
265
424A
Notice of proposed call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
265
424B
Effect of proposed call in notice on IDAS process . . . . . . . . . . . .
267
424C
Minister to consider representations about proposed call in . . . .
267
424D
Effect of proposed call in on appeal period . . . . . . . . . . . . . . . . .
267
424E
Effect of proposed call in notice on development approval . . . . .
268
254
257
261
425
Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
269
426
Minister’s action on calling in application . . . . . . . . . . . . . . . . . . .
270
427
Effect of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
271
428
Original assessment manager to assist Minister . . . . . . . . . . . . .
272
429
Minister’s decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
272
430
Provision for application called in by regional planning Minister .
273
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Process if call in decision does not deal with all aspects of the
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
274
Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
274
433
Report about compliance with development approval . . . . . . . . .
274
Part 12
Miscellaneous provision 275
434
Refunding fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 7
Appeals, offences and enforcement
432
275
Part 1
Planning and Environment Court
Division 1
Establishment and jurisdiction of court
435
Continuance of Planning and Environment Court . . . . . . . . . . . .
276
436
Jurisdiction of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
276
437
Proceedings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277
Division 2
Powers of court
438
Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277
439
Contempt and contravention of orders . . . . . . . . . . . . . . . . . . . . .
277
440
How court may deal with matters involving noncompliance . . . . .
278
441
Terms of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
278
442
Taking and recording evidence etc. . . . . . . . . . . . . . . . . . . . . . . .
278
Division 3
Constituting court
443
Constituting court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
278
444
Jurisdiction of judges not impaired . . . . . . . . . . . . . . . . . . . . . . . .
279
Division 4
Rules and orders or directions about proceedings
445
Rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
279
446
Orders or directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280
Division 5
Parties to proceedings and court sittings
447
Where court may sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280
448
Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280
449
Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280
450
What happens if judge dies or is incapacitated . . . . . . . . . . . . . .
281
451
Stating case for Court of Appeal’s opinion . . . . . . . . . . . . . . . . . .
281
Division 6
Registry and other court officers
452
Registrars and other court officers . . . . . . . . . . . . . . . . . . . . . . . .
282
453
Registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
282
454
Court records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
282
455
Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
283
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Division 7
Other court matters
456
Court may make declarations and orders. . . . . . . . . . . . . . . . . . .
283
457
Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
284
458
Privileges, protection and immunity . . . . . . . . . . . . . . . . . . . . . . .
288
459
Payment of witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
288
460
Evidence of local planning instruments . . . . . . . . . . . . . . . . . . . .
288
Division 8
Appeals to court relating to development applications and
approvals
461
Appeals by applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
289
462
Appeals by submitters—general. . . . . . . . . . . . . . . . . . . . . . . . . .
289
463
Additional and extended appeal rights for submitters for particular
development applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
290
464
Appeals by advice agency submitters . . . . . . . . . . . . . . . . . . . . .
291
465
Appeals about decisions relating to extensions for approvals . . .
292
466
Appeals about decisions relating to permissible changes . . . . . .
292
467
Appeals about changing or cancelling conditions imposed by
assessment manager or concurrence agency . . . . . . . . . . . . . . .
293
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
293
470
Appeals against particular decisions about compliance assessment 294
Division 10
Appeals to court about other matters
472
Appeal about extension of period under s 98 . . . . . . . . . . . . . . . .
294
473
Appeals against enforcement notices. . . . . . . . . . . . . . . . . . . . . .
295
474
Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . .
295
475
Appeals against local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
295
475A
Appeals against decisions under ch 8A . . . . . . . . . . . . . . . . . . . .
296
476
Appeals against decisions on compensation claims . . . . . . . . . .
296
477
Appeals against decisions on requests to acquire designated land under
hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
297
293
478
Appeals about infrastructure charges notice . . . . . . . . . . . . . . . .
297
478A
Appeals against refusal of conversion application . . . . . . . . . . . .
298
479
Appeals from building and development committees . . . . . . . . . .
299
480
Court may remit matter to building and development committee .
299
Division 11
Making an appeal to court
481
How appeals to the court are started . . . . . . . . . . . . . . . . . . . . . .
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482
483
Notice of appeal to other parties—development applications and
approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
300
Notice of appeals to other parties—compliance assessment. . . .
302
484
Notice of appeal to other parties—other matters . . . . . . . . . . . . .
302
485
Respondent and co-respondents for appeals under div 8 . . . . . .
303
486
Respondent and co-respondents for appeals under div 9 . . . . . .
304
487
Respondent and co-respondents for appeals under div 10 . . . . .
305
488
How an entity may elect to be a co-respondent . . . . . . . . . . . . . .
305
489
Minister entitled to be party to an appeal involving a State interest
306
490
Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . .
306
Division 12
Alternative dispute resolution
491
ADR process applies to proceedings started under this part . . . .
Division 12A
ADR registrar
306
491A
Definition for div 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
307
491B
Power of ADR registrar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
307
491C
Reference by ADR registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
308
Division 13
Court process for appeals
492
Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
308
493
Who must prove case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
309
494
Court may hear appeals together. . . . . . . . . . . . . . . . . . . . . . . . .
310
495
Appeal by way of hearing anew . . . . . . . . . . . . . . . . . . . . . . . . . .
310
496
Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
311
497
Court may allow longer period to take an action . . . . . . . . . . . . .
312
Division 14
Appeals to Court of Appeal
498
Who may appeal to Court of Appeal . . . . . . . . . . . . . . . . . . . . . .
312
499
When leave to appeal must be sought and appeal made . . . . . .
312
500
Power of Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
313
501
Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . .
313
Part 2
Building and development dispute resolution committees
Division 1
Constitution and jurisdiction of committees
502
Committee membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
314
503
Membership continuity for proceeding . . . . . . . . . . . . . . . . . . . . .
314
505
Referee with conflict of interest not to be member of committee .
314
506
Referee not to act as member of committee in particular cases .
315
507
Remuneration of members of committee . . . . . . . . . . . . . . . . . . .
315
508
Jurisdiction of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
316
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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
317
511
Declaration about acknowledgement notices . . . . . . . . . . . . . . . .
317
512
Declaration about lapsing of request for compliance assessment
318
513
Declaration about change to development approval . . . . . . . . . .
318
Subdivision 2
Proceedings for declarations
514
How proceedings for declarations are started . . . . . . . . . . . . . . .
318
515
Fast-track proceedings for declarations . . . . . . . . . . . . . . . . . . . .
319
516
Notice of proceedings to other parties . . . . . . . . . . . . . . . . . . . . .
319
517
Respondent for declarations. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
320
518
Minister entitled to be represented in proceeding involving a State
interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
321
316
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
321
520
Appeal about decision relating to extension for development approval
322
521
Appeal about decisions relating to permissible changes . . . . . . .
Subdivision 2
Appeals about conditions of particular development
approvals
323
522
Appeal by applicant—condition of particular development approval 323
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
325
525
Appeals against particular decisions about compliance assessment 325
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 20
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326
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528
Appeal by advice agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
529
Appeal about decision relating to extension for development approval
328
327
530
Appeal about decision relating to permissible changes . . . . . . . .
328
531
Appeals about changing or cancelling conditions imposed by
assessment manager or concurrence agency . . . . . . . . . . . . . . .
329
Subdivision 3
Other matters
532
Appeals for building and plumbing and drainage matters . . . . . .
329
533
Appeals against enforcement notices. . . . . . . . . . . . . . . . . . . . . .
330
534
Stay of operation of enforcement notice . . . . . . . . . . . . . . . . . . . .
331
Division 7
Appeals about particular charges
535
Appeals about infrastructure charges decisions. . . . . . . . . . . . . .
331
535A
Appeals against refusal of conversion application . . . . . . . . . . . .
332
Division 8
Making appeals to building and development committees
536
How appeals to committees are started . . . . . . . . . . . . . . . . . . . .
333
537
Fast-track appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
333
538
Notice of appeal to other parties (under other Acts) . . . . . . . . . .
334
539
Notice of appeal to other parties (div 4) . . . . . . . . . . . . . . . . . . . .
334
540
Notice of appeal to other parties (div 5) . . . . . . . . . . . . . . . . . . . .
335
541
Notice of appeal to other parties (div 6) . . . . . . . . . . . . . . . . . . . .
336
542
Notice of appeal to other parties (s 535) . . . . . . . . . . . . . . . . . . .
337
543
Respondent and co-respondents for appeals under s 519, 522 or 527
338
544
Respondent and co-respondents for appeals under s 520 or 529
338
545
Respondent and co-respondents for appeals under s 521 or 530
339
546
Respondent and co-respondents for appeals under s 528. . . . . .
339
547
Respondent and co-respondents for appeals under s 531, 532, 533 or
535 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
339
548
Respondent and co-respondents for appeals under div 5 . . . . . .
340
549
How a person may elect to be co-respondent . . . . . . . . . . . . . . .
340
550
Respondent and co-respondents to be heard in appeal . . . . . . .
341
551
Registrar must ask assessment manager for material in particular
proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
341
552
Minister entitled to be represented in an appeal involving a State interest
341
553
Lodging appeal stops particular actions . . . . . . . . . . . . . . . . . . . .
341
Page 21
Sustainable Planning Act 2009
Contents
Division 9
Process for appeals or proceedings for declarations in
building and development committees
554
Action when committee proceeding starts . . . . . . . . . . . . . . . . . .
342
554A
Power of chief executive to excuse irregularities . . . . . . . . . . . . .
343
554B
Power to end committee proceeding or establish new committee
344
555
Procedures of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
345
556
Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
345
557
Committee may allow longer period to take an action . . . . . . . . .
346
558
Appeal or other proceedings may be by hearing or written submission
346
559
Appeals or other proceedings by hearing. . . . . . . . . . . . . . . . . . .
346
560
Right to representation at hearing . . . . . . . . . . . . . . . . . . . . . . . .
346
561
Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
347
562
Appeals or other proceedings by written submission . . . . . . . . . .
347
563
Matters committee may consider in making a decision . . . . . . . .
348
564
Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
348
565
Committee may make orders about declaration . . . . . . . . . . . . . .
350
566
Declaration decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
350
567
When decision may be made without representation or submission 350
568
Notice of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
350
569
Publication of committee decisions . . . . . . . . . . . . . . . . . . . . . . .
351
569A
Power to refund fees for committee proceeding ended by chief executive
351
Division 10
Referees
570
Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
351
571
Qualifications of general referees. . . . . . . . . . . . . . . . . . . . . . . . .
351
572
Term of referee’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . . .
352
573
Referee to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . .
352
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 . . . . . . . .
353
575
Carrying out development without compliance permit . . . . . . . . .
353
576
Compliance with compliance permit or compliance certificate. . .
353
577
Making request for compliance assessment . . . . . . . . . . . . . . . .
354
578
Carrying out assessable development without permit . . . . . . . . .
354
579
Particular assessable development must comply with codes. . . .
354
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Sustainable Planning Act 2009
Contents
580
Compliance with development approval . . . . . . . . . . . . . . . . . . . .
354
581
Offence to carry out prohibited development . . . . . . . . . . . . . . . .
355
582
Offences about the use of premises. . . . . . . . . . . . . . . . . . . . . . .
355
Subdivision 2
Exemptions
584
General exemption for emergency development or use . . . . . . . .
585
Coastal emergency exemption for operational work that is tidal works
356
586
Exemption for building work on Queensland heritage place or local
heritage place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
358
Subdivision 3
False or misleading documents or declarations
356
587
False or misleading document or declaration. . . . . . . . . . . . . . . .
Division 2
Show cause notices
360
588
Giving show cause notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
361
589
General requirements of show cause notice . . . . . . . . . . . . . . . .
361
Division 3
Enforcement notices
590
Giving enforcement notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
362
591
Restriction on giving enforcement notice . . . . . . . . . . . . . . . . . . .
363
592
Specific requirements of enforcement notice . . . . . . . . . . . . . . . .
364
593
General requirements of enforcement notices . . . . . . . . . . . . . . .
365
594
Offences relating to enforcement notices . . . . . . . . . . . . . . . . . . .
365
595
Processing application or request required by enforcement notice or
show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
366
596
Assessing authority may take action . . . . . . . . . . . . . . . . . . . . . .
Division 4
Offence proceedings in Magistrates Court
597
Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
367
598
Proceeding brought in a representative capacity . . . . . . . . . . . . .
367
599
Magistrates Court may make orders . . . . . . . . . . . . . . . . . . . . . .
367
600
Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . .
369
Division 5
Enforcement orders of court
366
601
Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
369
602
Proceeding brought in a representative capacity . . . . . . . . . . . . .
369
603
Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . .
370
604
Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
370
605
Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
370
606
Court’s powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . .
371
607
Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . .
372
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Sustainable Planning Act 2009
Contents
Division 6
Application of Acts
608
Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4
Legal proceedings
Division 1
Proceedings
372
609
Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . .
373
610
Limitation on time for starting proceedings. . . . . . . . . . . . . . . . . .
374
611
Executive officers must ensure corporation complies with Act. . .
374
Division 2
Fines and costs
612
When fines payable to local government . . . . . . . . . . . . . . . . . . .
375
613
Order for compensation or remedial action . . . . . . . . . . . . . . . . .
375
614
Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . .
376
Division 3
Evidence
615
Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
376
616
Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
377
617
Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
377
618
Matter coming to complainant’s knowledge . . . . . . . . . . . . . . . . .
377
619
Instruments, equipment and installations . . . . . . . . . . . . . . . . . . .
377
620
Analyst’s certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . .
377
621
Evidence of planning instruments or notices of designation . . . .
378
622
Planning instruments presumed to be within jurisdiction . . . . . . .
378
623
Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
378
624
Responsibility for acts or omissions of representatives . . . . . . . .
379
Chapter 8
Infrastructure
Part 1
Preliminary
625
Simplified outline of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
626
Extension of chapter to permissible changes, extension approvals and
compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
381
380
627
Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
383
628
References in ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
387
Part 2
Provisions for local governments
Division 1A
Preliminary
628A
Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 1
Charges for trunk infrastructure
Subdivision 1
Power to adopt charges
629
State planning regulatory provision governing charges . . . . . . . .
390
630
Power to adopt charges by resolution . . . . . . . . . . . . . . . . . . . . .
391
Page 24
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Sustainable Planning Act 2009
Contents
Subdivision 2
Charges resolutions
631
Contents—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
632
Provisions for participating local governments and distributor-retailers
392
633
Working out cost of infrastructure for offset or refund . . . . . . . . .
393
633A
Criteria for deciding conversion application . . . . . . . . . . . . . . . . .
394
634
Steps after making charges resolution . . . . . . . . . . . . . . . . . . . . .
394
Subdivision 3
Levying charges
635
When charge may be levied and recovered . . . . . . . . . . . . . . . . .
395
636
Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
396
637
Requirements for infrastructure charges notice . . . . . . . . . . . . . .
397
Subdivision 4
Payment
638
Payment triggers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
398
639
Agreements about payment or provision instead of payment. . . .
398
Subdivision 5
Changing charges during relevant appeal period
391
640
Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
399
641
Submissions for infrastructure charges notice . . . . . . . . . . . . . . .
399
642
Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . .
399
643
Decision about submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
399
644
Suspension of relevant appeal period . . . . . . . . . . . . . . . . . . . . .
400
Division 2
Development approval conditions about trunk
infrastructure
Subdivision 1
Conditions for necessary trunk infrastructure
645
Application and operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . .
646
Necessary infrastructure condition for LGIP-identified infrastructure 401
647
Necessary infrastructure condition for other infrastructure. . . . . .
401
648
Deemed compliance with necessary or reasonable requirements
402
649
Offset or refund requirements . . . . . . . . . . . . . . . . . . . . . . . . . . .
402
Subdivision 2
Conditions for additional trunk infrastructure costs
650
Power to impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
400
403
651
Content of additional payment condition . . . . . . . . . . . . . . . . . . .
404
652
Restriction if development completely in PIA . . . . . . . . . . . . . . . .
405
653
Other area restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
406
654
Refund if development in PIA . . . . . . . . . . . . . . . . . . . . . . . . . . . .
406
655
Refund if development approval ceases. . . . . . . . . . . . . . . . . . . .
407
656
Additional payment condition does not affect other powers . . . . .
407
Page 25
Sustainable Planning Act 2009
Contents
Subdivision 3
Working out cost for required offset or refunds
657
Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 3
Miscellaneous provisions about trunk infrastructure
Subdivision 1
Conversion of particular non-trunk infrastructure before
construction starts
658
Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
409
659
Application to convert infrastructure to trunk infrastructure . . . . .
409
660
Deciding conversion application . . . . . . . . . . . . . . . . . . . . . . . . . .
409
661
Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
410
662
Effect of and action after conversion . . . . . . . . . . . . . . . . . . . . . .
411
Subdivision 2
Other provisions
408
663
Financial provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
412
664
Levied charge taken to be rates . . . . . . . . . . . . . . . . . . . . . . . . . .
412
Division 4
Non-trunk infrastructure
665
Conditions local governments may impose . . . . . . . . . . . . . . . . .
Part 3
Provisions for State infrastructure providers
666
Power to impose conditions about infrastructure . . . . . . . . . . . . .
413
667
Content requirements for condition . . . . . . . . . . . . . . . . . . . . . . .
414
668
Refund if State-related condition ceases . . . . . . . . . . . . . . . . . . .
415
412
669
Reimbursement by local government for replacement infrastructure 415
Part 4
Infrastructure agreements
670
Infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
416
671
Obligation to negotiate in good faith . . . . . . . . . . . . . . . . . . . . . . .
416
672
Content of infrastructure agreement. . . . . . . . . . . . . . . . . . . . . . .
417
673
Copy of infrastructure agreement to be given to local government
418
673A
Copy of particular infrastructure agreements to be given to
distributor-retailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
418
674
When infrastructure agreement binds successors in title . . . . . . .
418
675
Exercise of discretion unaffected by infrastructure agreement. . .
419
676
Infrastructure agreement prevails over approval and charges notice 419
677
Agreement for infrastructure partnerships . . . . . . . . . . . . . . . . . .
Part 5
Miscellaneous
678
Sale of particular local government land held on trust . . . . . . . . .
420
679
Conditions about non-trunk infrastructure if no LGIP etc. . . . . . .
421
Page 26
420
Sustainable Planning Act 2009
Contents
Chapter 8A
Provisions about urban encroachment
Part 1
Preliminary
680A
Definitions for ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
422
680B
What is a relevant development application . . . . . . . . . . . . . . . . .
423
680C
Purpose of ch 8A and its achievement . . . . . . . . . . . . . . . . . . . . .
424
Part 2
Restrictions on legal proceedings
680D
Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
424
680E
Restrictions on legal proceedings . . . . . . . . . . . . . . . . . . . . . . . .
425
Part 3
Registration of premises
Division 1
Application for registration
680F
Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
427
680G
Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . .
427
680H
Consideration of, and decision on, application . . . . . . . . . . . . . . .
429
680I
Criteria for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
429
Division 2
Renewal of registration
680J
Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
430
680K
Consideration of, and decision on, application . . . . . . . . . . . . . . .
431
680L
Criteria for renewal of registration . . . . . . . . . . . . . . . . . . . . . . . .
431
680M
Registration taken to be in effect while application for renewal is
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
431
Division 3
Inquiries about applications and notice of decisions
680N
Inquiry about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
432
680O
Notice of decision on application . . . . . . . . . . . . . . . . . . . . . . . . .
432
Division 4
Cancellation, and amendment of conditions, of registration
Subdivision 1
Cancellation
680P
Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
433
680Q
Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
433
680R
Representations about show cause notice. . . . . . . . . . . . . . . . . .
434
680S
Ending show cause notice without further action . . . . . . . . . . . . .
434
680T
Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
434
Subdivision 2
Amending conditions of registration
680U
Amendment of conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 5
Other matters about registration
435
680V
Owner of premises may end registration . . . . . . . . . . . . . . . . . . .
435
680W
Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
436
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Sustainable Planning Act 2009
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Part 4
Particular obligations
680X
Record of registration of premises in appropriate register . . . . . .
680Y
Public notice of registration, or renewal of registration, of premises 437
680Z
Record of relevant development application in appropriate register 438
680ZA
Publication of information on website . . . . . . . . . . . . . . . . . . . . . .
439
680ZB
Notice to lessee about application of ch 8A . . . . . . . . . . . . . . . . .
440
680ZC
Additional consequence of failure to give notice asking for affected area
notation for Milton rail precinct . . . . . . . . . . . . . . . . . . . . . . . . . . .
440
680ZD
Minister to advise local government about registration . . . . . . . .
441
680ZE
Local government to include registration in planning scheme . . .
442
Part 5
Register of premises
680ZF
Keeping register of registered premises. . . . . . . . . . . . . . . . . . . .
442
680ZG
Content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
442
680ZH
Availability of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
443
Part 6
Review of chapter 8A 443
680ZI
Review of ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 9
Miscellaneous
Part 1
Existing uses and rights protected
681
Lawful uses of premises on commencement . . . . . . . . . . . . . . . .
436
443
443
682
Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . .
444
683
Lawfully constructed buildings and works protected . . . . . . . . . .
444
684
New planning instruments can not affect existing development approvals
or compliance permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
444
685
Implied and uncommenced right to use premises protected . . . .
445
686
State forests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
446
687
Particular development may still be assessable or self-assessable
development or development requiring compliance assessment .
447
Part 2
Environmental impact statements
Division 1
Preliminary
688
When EIS process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
447
689
Purpose of EIS process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
447
Division 2
EIS process
690
Applying for terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . .
691
Draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . .
449
692
Terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
451
693
Preparation of draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
452
694
Public notification of draft EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . .
452
Page 28
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Sustainable Planning Act 2009
Contents
695
Making submissions on draft EIS . . . . . . . . . . . . . . . . . . . . . . . . .
696
Chief executive evaluates draft EIS, submissions and other relevant
material. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
455
454
697
EIS assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
455
698
Criteria for preparing report . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
456
699
Required content of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
456
700
Who the chief executive must give EIS and other material to . . .
456
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
459
704
Compensation for reduced value of interest in land . . . . . . . . . . .
459
705
Compensation for interest in land being changed to public purpose 461
457
458
706
Limitations on compensation under ss 704 and 705 . . . . . . . . . .
707
Compensation for erroneous planning and development certificates 464
461
708
Time limits for claiming compensation . . . . . . . . . . . . . . . . . . . . .
464
709
Time limits for deciding and advising on claims . . . . . . . . . . . . . .
465
710
Deciding claims for compensation . . . . . . . . . . . . . . . . . . . . . . . .
465
711
Calculating reasonable compensation involving changes . . . . . .
466
712
When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . .
467
713
Payment of compensation to be recorded on title . . . . . . . . . . . .
467
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
469
716
Compensation for loss or damage . . . . . . . . . . . . . . . . . . . . . . . .
Part 5
Public housing
717
Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
470
718
Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
470
719
How IDAS applies to development under pt 5 . . . . . . . . . . . . . . .
471
720
How charges for infrastructure apply for development under pt 5
471
721
Chief executive must publicly notify particular proposed development
471
468
470
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Sustainable Planning Act 2009
Contents
722
Chief executive must advise local government about all development
472
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
474
726
Documents local government must keep available for inspection and
purchase—compliance assessment. . . . . . . . . . . . . . . . . . . . . . .
478
727
Documents local government must keep available for inspection only
479
Subdivision 2
Requirements for assessment managers
728
Documents assessment manager must keep available for inspection
and purchase—development application . . . . . . . . . . . . . . . . . . .
479
729
Documents assessment manager must keep available for inspection
and purchase—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
480
730
Documents assessment manager must keep available for inspection
only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
483
Subdivision 3
Requirements for referral agencies
731
Documents referral agency must keep available for inspection only 485
Subdivision 4
Requirements for chief executive
732
Documents chief executive must keep available for inspection and
purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
733
472
486
Documents chief executive must keep available for inspection only 487
Subdivision 5
Requirements for compliance assessors
734
Documents compliance assessor must keep available for inspection and
purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
488
735
Documents compliance assessor must keep available for inspection
only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
489
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 . . . . . . . . . .
492
738
Limited planning and development certificates . . . . . . . . . . . . . .
492
739
Standard planning and development certificates . . . . . . . . . . . . .
493
740
Full planning and development certificates . . . . . . . . . . . . . . . . .
494
Page 30
490
Sustainable Planning Act 2009
Contents
741
Time within which planning and development certificate must be given
495
742
Effect of planning and development certificate. . . . . . . . . . . . . . .
495
Part 7
Notification stage for particular aquaculture development
Division 1
Preliminary
743
Purpose of notification stage under pt 7. . . . . . . . . . . . . . . . . . . .
496
744
When notification stage under pt 7 applies . . . . . . . . . . . . . . . . .
496
745
When can notification stage start . . . . . . . . . . . . . . . . . . . . . . . . .
497
Division 2
Public notification
746
Public notice of proposed development . . . . . . . . . . . . . . . . . . . .
498
747
Notification period for development applications . . . . . . . . . . . . .
498
748
Requirements for particular notices . . . . . . . . . . . . . . . . . . . . . . .
499
749
Notice of compliance to be given to assessment manager and
concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
499
Assessment manager may assess and decide application if some
requirements not complied with . . . . . . . . . . . . . . . . . . . . . . . . . .
500
751
Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
500
752
Submissions made during notification period effective for later
notification period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
501
750
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
501
754
Referral agency must not respond before notification stage ends
502
755
Adjusted referral agency’s assessment period . . . . . . . . . . . . . . .
502
Part 7A
Party houses
Division 1
Preliminary
755A
Definitions for pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Regulating party houses in local planning instruments
503
755B
Planning scheme or temporary local planning instrument may regulate
material change of use for party house . . . . . . . . . . . . . . . . . . . .
504
755C
Planning scheme or temporary local planning instrument may identify
party house restriction area . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
504
755D
Effect of identification of party house restriction area. . . . . . . . . .
Part 8
General
504
756
Giving electronic submissions . . . . . . . . . . . . . . . . . . . . . . . . . . .
505
757
Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . .
505
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Sustainable Planning Act 2009
Contents
758
References to Planning and Environment Court and judge of the court in
other Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
506
758A
No requirement to consult for particular decisions under repealed IPA
506
759
Minister may make guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . .
507
760
Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . .
507
761
Delegation by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
508
761A
Special requirement to amend or make planning scheme . . . . . .
508
761B
Review of operation of s 761A . . . . . . . . . . . . . . . . . . . . . . . . . . .
511
762
Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
511
763
Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
511
Chapter 10
Repeal, transitional and validation provisions
Part 1
Repeal provision
764
Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Transitional provisions for Act No. 36 of 2009
Division 1
Preliminary
765
Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Provisions for State planning instruments
512
512
766
Continuing effect of State planning regulatory provisions . . . . . .
513
767
Making or amending State planning regulatory provisions under
repealed IPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
513
768
Continuing effect of regional plans . . . . . . . . . . . . . . . . . . . . . . . .
513
769
Making or amending regional plans under repealed IPA . . . . . . .
514
770
Continuing effect of particular directions and notices. . . . . . . . . .
514
771
Continuation of regional planning advisory committees . . . . . . . .
514
772
Continuation of regional coordination committees . . . . . . . . . . . .
515
773
Continuing effect of particular State planning policies . . . . . . . . .
515
774
Continuing effect of State planning policy having effect for less than 1
year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
515
775
Making or amending State planning policies under repealed IPA
516
776
Notification requirements do not apply for making particular State
planning instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
516
Division 3
Provisions for local planning instruments
777
Relationship between standard planning scheme provisions and
particular instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
517
778
Continuing effect of planning schemes. . . . . . . . . . . . . . . . . . . . .
518
779
Making or amending planning schemes under repealed IPA . . . .
519
780
Continuing superseded planning schemes . . . . . . . . . . . . . . . . .
519
Page 32
Sustainable Planning Act 2009
Contents
781
Reviewing planning schemes and priority infrastructure plans. . .
519
782
Continuing effect of temporary local planning instruments. . . . . .
520
783
Making temporary local planning instruments under repealed IPA
520
784
Repealing particular temporary local planning instruments . . . . .
521
785
Continuing effect of planning scheme policies . . . . . . . . . . . . . . .
521
786
Making or amending planning scheme policies under repealed IPA 522
787
Repealing particular planning scheme policies . . . . . . . . . . . . . .
522
788
Particular notices and directions under repealed IPA . . . . . . . . . .
522
Division 4
Provisions for planning partnerships
789
Master planned areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
523
790
Structure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
523
791
Making structure plan under repealed IPA . . . . . . . . . . . . . . . . . .
524
792
Application of s 149 to particular structure plans . . . . . . . . . . . . .
524
793
Master plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
525
794
Applications for approval or amendment of master plans under repealed
IPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
525
795
Continuation of particular agreements . . . . . . . . . . . . . . . . . . . . .
526
796
Continuation of particular local government resolutions. . . . . . . .
526
797
Master plans prevail over conditions of rezoning approvals under the
repealed LGP&E Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
526
Division 5
Provisions for designations of community infrastructure
798
Designation of community infrastructure . . . . . . . . . . . . . . . . . . .
527
799
Designation of land under repealed IPA . . . . . . . . . . . . . . . . . . . .
527
800
Continuing request to acquire designated land under repealed IPA 528
Division 6
Provisions for integrated development assessment system
801
Continuing effect of development approvals. . . . . . . . . . . . . . . . .
528
802
Development applications under repealed IPA . . . . . . . . . . . . . . .
528
803
Dealing with existing applications under other Acts . . . . . . . . . . .
529
804
Continuing application of repealed IPA, s 5.1.25(1) . . . . . . . . . . .
530
805
Request about application of superseded planning schemes . . .
530
806
Particular acknowledgement notices . . . . . . . . . . . . . . . . . . . . . .
530
807
Application of repealed IPA, ch 3, pt 5, div 4 . . . . . . . . . . . . . . . .
531
808
Preliminary approvals under repealed IPA . . . . . . . . . . . . . . . . . .
531
809
Requests to extend period under repealed IPA, s 3.5.21 . . . . . . .
532
810
Changing development approvals under repealed IPA. . . . . . . . .
532
811
Request to cancel development approval. . . . . . . . . . . . . . . . . . .
533
Page 33
Sustainable Planning Act 2009
Contents
812
Particular condition of development approvals . . . . . . . . . . . . . . .
533
813
Continuation of agreements under repealed IPA, s 3.5.34 . . . . . .
533
814
Directions and call in powers under repealed IPA . . . . . . . . . . . .
534
815
Continuing effect of repealed IPA, ch 3, pt 7 . . . . . . . . . . . . . . . .
534
Division 7
Provisions for appeals and enforcement
Subdivision 1
Planning and Environment Court
816
Appointments of judges continue . . . . . . . . . . . . . . . . . . . . . . . . .
534
817
Rules of court and directions continue . . . . . . . . . . . . . . . . . . . . .
535
818
Proceedings for declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . .
535
819
Appeals to court—generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
535
820
Proceedings for particular declarations and appeals . . . . . . . . . .
537
821
Application of repealed IPA, s 4.1.52 . . . . . . . . . . . . . . . . . . . . . .
538
822
Appeals to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
538
Subdivision 2
Building and development tribunals
823
Establishment of tribunal under repealed IPA. . . . . . . . . . . . . . . .
539
824
Continuation of appointment as general or aesthetics referee . . .
539
825
Continuation of appointment as registrar or other officer . . . . . . .
540
826
Application of ch 7, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . .
540
827
Appeals to tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
540
828
Application of repealed IPA, s 4.2.33 . . . . . . . . . . . . . . . . . . . . . .
541
Subdivision 3
Show cause notices and enforcement notices
829
Show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
542
830
Enforcement notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
542
Subdivision 4
Legal proceedings
831
Proceedings for offences, and orders. . . . . . . . . . . . . . . . . . . . . .
542
832
Enforcement orders of the court. . . . . . . . . . . . . . . . . . . . . . . . . .
543
Division 8
Provisions about infrastructure
Subdivision 1
Preliminary
833
Charges for infrastructure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
Infrastructure planning and funding
543
835
Continuing effect of priority infrastructure plans . . . . . . . . . . . . . .
544
836
Infrastructure charges schedules . . . . . . . . . . . . . . . . . . . . . . . . .
544
837
Regulated infrastructure charges schedules . . . . . . . . . . . . . . . .
544
838
Continued application of particular provisions about charges . . .
545
839
Application of ch 8, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
545
Page 34
Sustainable Planning Act 2009
Contents
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 546
Division 9
Provisions about matters under repealed IPA, chapter 5
842
Claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
546
843
Keeping particular documents . . . . . . . . . . . . . . . . . . . . . . . . . . .
547
844
Planning and development certificates. . . . . . . . . . . . . . . . . . . . .
547
845
Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
548
846
Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
548
Division 10
Provisions about matters under repealed IPA, chapter 6
847
Planning scheme policies for infrastructure . . . . . . . . . . . . . . . . .
548
848
Conditions about infrastructure for particular applications . . . . . .
549
849
Appeals about infrastructure contributions . . . . . . . . . . . . . . . . . .
551
850
Conditions attaching to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
552
851
Applications in progress under transitional planning schemes. . .
552
852
Applications to change conditions of rezoning approvals under repealed
LGP&E Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
553
853
Development approvals prevail over conditions of rezoning approvals
under repealed LGP&E Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
553
854
Notice under repealed IPA, s 6.1.44. . . . . . . . . . . . . . . . . . . . . . .
553
855
Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
554
856
Rezoning agreements under previous Acts . . . . . . . . . . . . . . . . .
554
857
Development control plans under repealed LGP&E Act. . . . . . . .
555
858
Transition of validated planning documents to master planning
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
557
859
Local Government (Robina Central Planning Agreement) Act 1992 558
860
Town planning certificates may be used as evidence. . . . . . . . . .
558
861
Orders in council about particular land. . . . . . . . . . . . . . . . . . . . .
558
862
Application of repealed IPA, s 6.1.54 . . . . . . . . . . . . . . . . . . . . . .
559
863
Provision for infrastructure charges plans . . . . . . . . . . . . . . . . . .
559
Division 11
Provisions for SEQ regional plan
864
Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
865
References in SEQ regional plan and regulatory provisions . . . .
560
866
Structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
561
545
560
Page 35
Sustainable Planning Act 2009
Contents
Division 12
Miscellaneous
867
Provision for particular development applications—local heritage places
562
868
Particular activities not a material change of use . . . . . . . . . . . . .
869
Deferment of application of s 578 to particular material changes of use
563
870
References to repealed IPA and other legislation. . . . . . . . . . . . .
Part 3
Transitional provisions for Revenue and Other Legislation
Amendment Act 2011
562
563
872
Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
564
873
Dealing with iconic places development applications. . . . . . . . . .
565
874
Decisions of panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
566
875
Provision about appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
567
876
Dissolution of panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
567
877
Responsible entity for development approvals . . . . . . . . . . . . . . .
567
878
Panel’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
568
Part 4
Transitional provisions for Sustainable Planning (Housing
Affordability and Infrastructure Charges Reform)
Amendment Act 2011
879
Extended application of s 856 for adopted infrastructure charge .
568
880
When local government must not levy particular charges for
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
569
881
Effect of local government resolution made before commencement of
amending Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
570
Part 5
Validation and transitional provisions for Sustainable
Planning and Other Legislation Amendment Act 2012
Division 1
Validation provision
882
Validation provision for applications and development approvals under
repealed IPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
571
Division 2
Provisions for chapter 8A
883
Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
884
Registration of Milton Brewery for ch 8A, pt 3 . . . . . . . . . . . . . . .
572
885
Restriction on legal proceedings for Milton Brewery . . . . . . . . . .
572
886
Non-application of s 680X(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
573
887
Application of s 680Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
573
572
888
Notifying prospective buyers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
573
889
Development applications made before commencement. . . . . . .
575
Division 3
Other provisions
890
Transitional provision about call in of application . . . . . . . . . . . . .
Page 36
575
Sustainable Planning Act 2009
Contents
891
Transitional provision for s 648A. . . . . . . . . . . . . . . . . . . . . . . . . .
575
892
Proceedings for particular appeals under repealed IPA . . . . . . . .
576
Part 6
Transitional provisions for Sustainable Planning and Other
Legislation Amendment Act (No. 2) 2012
Division 1
Preliminary
893
Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
576
894
References to former provisions. . . . . . . . . . . . . . . . . . . . . . . . . .
577
Division 2
Provisions for former chapter 4
Subdivision 1
Preliminary
895
Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
State planning instruments and local planning instruments
896
State planning regulatory provisions relating to master planning.
578
897
Adoption of documents by local planning instruments . . . . . . . . .
579
Subdivision 3
Structure plans
898
General matters about structure plans . . . . . . . . . . . . . . . . . . . . .
899
Changes to restrictions on, and notification requirements for, particular
development applications in master planned area . . . . . . . . . . . .
580
900
Amendments of planning scheme to include structure plans . . . .
581
901
Agreements to fund structure plans . . . . . . . . . . . . . . . . . . . . . . .
581
Subdivision 4
Master plans
902
Existing master plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
582
903
Relationship with regulation under s 232 . . . . . . . . . . . . . . . . . . .
583
904
Relationship with other planning instruments. . . . . . . . . . . . . . . .
583
905
New planning instruments can not affect approved master plan .
583
906
Master plan attaches to land in master planning unit . . . . . . . . . .
584
907
When master plan ceases to have effect . . . . . . . . . . . . . . . . . . .
584
908
Existing applications for approval of master plans . . . . . . . . . . . .
584
909
Applications for amendment or cancellation of master plans . . . .
585
Subdivision 5
Designation of land for community infrastructure
910
Minister must consider master plans before designating land . . .
Subdivision 6
Matters relating to IDAS
911
Categories of development for master plans . . . . . . . . . . . . . . . .
586
912
Exempt development in master planned areas . . . . . . . . . . . . . .
586
913
Exclusion of particular entities as referral agency for a master planned
area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
587
914
Exclusion of particular provisions about making development application
for declared master planned area. . . . . . . . . . . . . . . . . . . . . . . . .
588
578
579
585
Page 37
Sustainable Planning Act 2009
Contents
915
Referral agency assesses application . . . . . . . . . . . . . . . . . . . . .
916
Code and impact assessment and particular s 242 preliminary approval
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
589
588
917
Continued application of former provisions relating to decision for and
approval of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
590
918
Compliance assessment of development application. . . . . . . . . .
Subdivision 7
Appeals, offences and enforcement
919
Court matters relating to master plans and the structure plan guideline
592
920
Appeals to court relating to master plans . . . . . . . . . . . . . . . . . . .
592
921
Compliance with master plans . . . . . . . . . . . . . . . . . . . . . . . . . . .
593
922
False or misleading document relating to master plan application
593
923
Enforcement notices and orders relating to master plans and master
plan applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
594
924
Evidentiary aids relating to master plan application . . . . . . . . . . .
Subdivision 8
Funding for infrastructure
925
Adopted infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . .
595
926
Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
595
927
Regulated State infrastructure charges schedule for master planned
area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
596
928
Regulated State infrastructure charges notice . . . . . . . . . . . . . . .
597
929
Giving new regulated State infrastructure charges notice . . . . . .
598
930
When regulated State infrastructure charge is payable . . . . . . . .
598
591
594
931
Application of regulated State infrastructure charges. . . . . . . . . .
599
932
Accounting for regulated State infrastructure charges . . . . . . . . .
599
933
Infrastructure agreements about, and alternatives to, paying regulated
State infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
599
934
Recovery of regulated State infrastructure charges . . . . . . . . . . .
600
935
Appeals about charges for infrastructure . . . . . . . . . . . . . . . . . . .
600
Subdivision 9
Miscellaneous
936
Limitations on compensation under ss 704 and 705 relating to structure
plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
601
937
Local government may take or purchase land in master planned area
601
938
Documents local government or chief executive must keep available for
inspection and purchase—general . . . . . . . . . . . . . . . . . . . . . . . .
602
939
Documents local government must keep available for inspection and
purchase—master plan applications . . . . . . . . . . . . . . . . . . . . . .
602
Page 38
Sustainable Planning Act 2009
Contents
940
Documents local government must keep available for inspection only
602
941
Standard planning and development certificates and full planning and
development certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
603
942
Electronic submissions about master plan applications . . . . . . . .
943
Continued application of particular transitional provisions relating to
master planned areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
604
Division 3
Other provisions
944
Development applications not decided on commencement . . . . .
944A
Chief executive is assessment manager or concurrence agency for ch 6,
pt 8, divs 2 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
605
945
Costs for existing court proceedings . . . . . . . . . . . . . . . . . . . . . .
946
Declaration about whether development application involving particular
State resource is properly made . . . . . . . . . . . . . . . . . . . . . . . . .
606
Part 8
Transitional provisions for Local Government and Other
Legislation Amendment Act 2013
Division 1
State planning instruments
948
Existing development applications . . . . . . . . . . . . . . . . . . . . . . . .
604
604
605
606
Division 2
De-amalgamation of particular local governments
Subdivision 1
Preliminary
949
Definitions for pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
Applications or requests made before changeover day
950
Application or request relating to land wholly within continuing local
government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
608
951
Application or request relating to land wholly within new local
government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
607
609
952
Application or request relating to land within continuing and new local
government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
609
953
Continuing local government to assist related new local government 611
Subdivision 3
Existing proceedings
954
Land wholly within new local government area . . . . . . . . . . . . . .
612
955
Land within both continuing and new local government area. . . .
612
Subdivision 4
Proceedings commenced after changeover day
956
Land wholly within new local government area . . . . . . . . . . . . . .
613
957
Land within both continuing and new local government area. . . .
614
Subdivision 5
Enforcement provision
958
Enforcement that may be taken by new local governments . . . . .
Subdivision 6
Miscellaneous
959
Provision about consultations. . . . . . . . . . . . . . . . . . . . . . . . . . . .
615
616
Page 39
Sustainable Planning Act 2009
Contents
Part 9
Transitional provisions for Water Supply Services
Legislation Amendment Act 2014
959A
Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
616
959B
Distributor-retailer or participating local government continues as
concurrence agency for existing applications. . . . . . . . . . . . . . . .
617
959C
Related applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
618
959D
Existing staged development approvals . . . . . . . . . . . . . . . . . . . .
618
959E
Other development approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . .
619
959F
Existing compliance assessments . . . . . . . . . . . . . . . . . . . . . . . .
620
959G
Infrastructure charges notices continue in effect etc. . . . . . . . . . .
620
959H
Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
621
959I
Existing land transfer agreements or requirements in lieu of charge 621
960
Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . .
Part 10
Transitional provisions for Environmental Offsets Act 2014
622
970
Continued effect to make payment . . . . . . . . . . . . . . . . . . . . . . . .
622
971
Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . .
623
Part 11
Savings and transitional provisions for Sustainable
Planning (Infrastructure Charges) and Other Legislation
Amendment Act 2014
Division 1
Purpose of part and definitions
974
Purpose of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
623
975
Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
624
Division 2
Saving provisions
976
Deferment of LGIP requirement for existing planning schemes . .
625
976A
Preparing and making PIP under unamended Act . . . . . . . . . . . .
625
976B
Existing development approvals . . . . . . . . . . . . . . . . . . . . . . . . . .
626
977
Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
627
978
Existing charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
628
979
Charges resolutions until 1 July 2016. . . . . . . . . . . . . . . . . . . . . .
629
980
Existing land transfer requirements in lieu of charge . . . . . . . . . .
630
981
Undecided appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
630
Division 3
Transitional provisions
982
PIP to LGIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
631
983
Existing SPRP for adopted charges . . . . . . . . . . . . . . . . . . . . . . .
631
984
Existing application for development approval . . . . . . . . . . . . . . .
632
985
Existing agreements under s 648G . . . . . . . . . . . . . . . . . . . . . . .
632
986
Infrastructure charges register . . . . . . . . . . . . . . . . . . . . . . . . . . .
632
Page 40
Sustainable Planning Act 2009
Contents
987
Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
633
988
Consequential provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
633
Division 4
Other provisions
989
Regulated infrastructure charges schedule . . . . . . . . . . . . . . . . .
634
990
Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . .
634
Part 12
Savings and transitional provisions for State Development,
Infrastructure and Planning (Red Tape Reduction) and
Other Legislation Amendment Act 2014
Division 1
Preliminary
991
Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Provisions for advisory panels for iconic places
992
Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
635
993
Dissolution of advisory panels . . . . . . . . . . . . . . . . . . . . . . . . . . .
636
994
Advisory panel’s report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
636
635
Division 3
Provisions for repeal of Wild Rivers Act 2005
994A
Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
636
994B
Wild river references in existing development approvals . . . . . . .
637
995
Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . .
638
995A
Expiry of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
638
Part 13
Transitional provision for Queensland Heritage and Other
Legislation Amendment Act 2014
996
Provision for planning schemes in effect before 4 July 2014 that do not
include an LGIP or PIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
638
Schedule 1
Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
640
Schedule 3
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
642
1
Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
678
2
Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
678
3
Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
678
4
List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
680
5
List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
684
Endnotes
Page 41
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
Sustainable Planning Act 2009
[as amended by all amendments that commenced on or before 19 December
2014]
An Act for a framework to integrate planning and development
assessment so that development and its effects are managed
in a way that is ecologically sustainable, and for related
purposes
Chapter 1
Preliminary
Part 1
Introduction
1
Short title
This Act may be cited as the Sustainable Planning Act 2009.
2
Commencement
This Act commences on a day to be fixed by proclamation.
Part 2
3
Purpose and advancing the
purpose
Purpose of Act
The purpose of this Act is to seek to achieve ecological
Current as at 19 December 2014
Page 43
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 2 Purpose and advancing the purpose
[s 4]
sustainability by—
4
managing the process by which development takes
place, including ensuring the process is accountable,
effective and efficient and delivers sustainable
outcomes; and
(b)
managing the effects of development on the
environment, including managing the use of premises;
and
(c)
continuing the coordination and integration of planning
at the local, regional and State levels.
Advancing Act’s purpose
(1)
(2)
5
(a)
If, under this Act, a function or power is conferred on an
entity, the entity must—
(a)
unless paragraph (b) or (c) applies—perform the
function or exercise the power in a way that advances
this Act’s purpose; or
(b)
if the entity is an assessment manager other than a local
government—in assessing and deciding a matter under
this Act, have regard to this Act’s purpose; or
(c)
if the entity is a referral agency other than a local
government (unless the local government is acting as a
referral agency under devolved or delegated
powers)—in assessing and deciding a matter under this
Act, have regard to this Act’s purpose.
Subsection (1) does not apply to code assessment or
compliance assessment under this Act.
What advancing Act’s purpose includes
(1)
Advancing this Act’s purpose includes—
(a)
Page 44
ensuring decision-making processes—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 2 Purpose and advancing the purpose
[s 5]
(i)
are accountable,
efficient; and
coordinated,
effective
and
(ii) take account of short and long-term environmental
effects of development at local, regional, State and
wider levels, including, for example, the effects of
development on climate change; and
(iii) apply the precautionary principle; and
(iv) seek to provide for equity between present and
future generations; and
(b)
ensuring the sustainable use of renewable natural
resources and the prudent use of non-renewable natural
resources by, for example, considering alternatives to
the use of non-renewable natural resources; and
(c)
avoiding, if practicable, or otherwise lessening, adverse
environmental effects of development, including, for
example—
(i)
climate change and urban congestion; and
(ii) adverse effects on human health; and
(2)
(d)
considering housing choice and diversity, and economic
diversity; and
(e)
supplying infrastructure in a coordinated, efficient and
orderly way, including encouraging urban development
in areas where adequate infrastructure exists or can be
provided efficiently; and
(f)
applying standards of amenity, conservation, energy,
health and safety in the built environment that are
cost-effective and for the public benefit; and
(g)
providing opportunities for community involvement in
decision making.
For subsection (1)(a)(iii), the precautionary principle is the
principle that lack of full scientific certainty should not be
used as a reason for postponing a measure to prevent
Current as at 19 December 2014
Page 45
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 6]
degradation of the environment if there are threats of serious
or irreversible environmental damage.
(3)
In this section—
natural resources includes biological, energy, extractive,
land and water resources that are important to economic
development because of their contribution to employment
generation and wealth creation.
Part 3
Interpretation
Division 1
Dictionary
6
Definitions
The dictionary in schedule 3 defines particular words used in
this Act.
Division 2
7
Key definitions
Meaning of development
Development is any of the following—
Page 46
(a)
carrying out building work;
(b)
carrying out plumbing or drainage work;
(c)
carrying out operational work;
(d)
reconfiguring a lot;
(e)
making a material change of use of premises.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 8]
8
Meaning of ecological sustainability
Ecological sustainability is a balance that integrates—
9
(a)
protection of ecological processes and natural systems
at local, regional, State and wider levels; and
(b)
economic development; and
(c)
maintenance of the cultural, economic, physical and
social wellbeing of people and communities.
Meaning of lawful use
A use of premises is a lawful use of the premises if—
(a)
the use is a natural and ordinary consequence of making
a material change of use of the premises; and
(b)
the making of the material change of use was in
compliance with this Act.
Division 3
10
Supporting definitions and
explanations for key definitions
Definitions for terms used in development
(1)
In this Act—
building work—
1
Building work means—
(a) building, repairing, altering, underpinning
(whether by vertical or lateral support), moving or
demolishing a building or other structure; or
(b) work regulated under the building assessment
provisions, other than IDAS; or
(c) excavating or filling—
(i)
Current as at 19 December 2014
for, or incidental to, the activities mentioned
in paragraph (a); or
Page 47
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 10]
(ii)
that may adversely affect the stability of a
building or other structure, whether on the
land on which the building or other structure
is situated or on adjoining land; or
(d) supporting (whether vertically or laterally) land for
activities mentioned in paragraph (a).
2
Building work, for administering IDAS in relation to a
Queensland heritage place, includes any of the
following—
(a) altering, repairing, maintaining or moving a built,
natural or landscape feature on the place;
(b) excavating, filling or other disturbances to land that
damage, expose or move archaeological artefacts,
as defined under the Queensland Heritage Act
1992, on the place;
(c) altering, repairing or removing artefacts that
contribute to the place’s cultural heritage
significance, including, for example, furniture and
fittings;
(d) altering, repairing or removing building finishes
that contribute to the place’s cultural heritage
significance, including, for example, paint,
wallpaper and plaster.
3
Building work, for administering IDAS in relation to a
Queensland heritage place, does not include
development for which an exemption certificate has
been issued under the Queensland Heritage Act 1992.
4
Building work does not include undertaking—
(a) operations of any kind and all things constructed or
installed that allow taking or interfering with
water, other than using a water truck to pump
water, under the Water Act 2000; or
(b) tidal works; or
(c) work for reconfiguring a lot.
Page 48
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 10]
Example for paragraph (c)—
building a retaining wall
lot means—
(a)
a lot under the Land Title Act 1994; or
(b)
a separate, distinct parcel of land for which an interest is
recorded in a register under the Land Act 1994; or
(c)
common property for a community titles scheme under
the Body Corporate and Community Management Act
1997; or
(d)
a lot or common property to which the Building Units
and Group Titles Act 1980 continues to apply; or
(e)
a community or precinct thoroughfare under the Mixed
Use Development Act 1993; or
(f)
a primary or secondary thoroughfare under the
Integrated Resort Development Act 1987 or the
Sanctuary Cove Resort Act 1985.
Note—
The Building Units and Group Titles Act 1980 may continue to
apply to the following Acts—
•
Integrated Resort Development Act 1987
•
Mixed Use Development Act 1993
•
Registration of Plans (H.S.P. (Nominees) Pty. Limited)
Enabling Act 1980
•
Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty.
Limited) Enabling Act 1984
•
Sanctuary Cove Resort Act 1985.
material change of use, of premises, 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.
Current as at 19 December 2014
Page 49
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 10]
operational work—
1
Operational work means—
(a) extracting gravel, rock, sand or soil from the place
where it occurs naturally; or
(b) conducting a forest practice; or
(c) excavating or filling that materially affects
premises or their use; or
(d) placing an advertising device on premises; or
(e) undertaking work in, on, over or under premises
that materially affects premises or their use; or
(f)
clearing vegetation, including vegetation to which
the Vegetation Management Act applies; or
(g) undertaking operations of any kind and all things
constructed or installed that allow taking or
interfering with water, other than using a water
truck to pump water, under the Water Act 2000; or
(h) undertaking—
(i)
tidal works; or
(ii)
work in a coastal management district; or
(i)
constructing or raising waterway barrier works; or
(j)
performing work in a declared fish habitat area; or
(k) removing, destroying or damaging a marine plant;
or
(l)
2
undertaking roadworks on a local government
road.
Operational work does not include—
(a) for item 1(a) to (f) and (j), any element of work
that is—
Page 50
(i)
building work; or
(ii)
drainage work; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 10]
(iii) plumbing work; or
(b) clearing vegetation on—
(i)
a forest reserve under
Conservation Act 1992; or
the
Nature
(ii)
a protected area under the Nature
Conservation Act 1992, section 28; or
(iii) an area declared as a State forest or timber
reserve under the Forestry Act 1959; or
(iv) a forest entitlement area under the Land Act
1994.
reconfiguring a lot means—
(a)
creating lots by subdividing another lot; or
(b)
amalgamating 2 or more lots; or
(c)
rearranging the boundaries of a lot by registering a plan
of subdivision; or
(d)
dividing land into parts by agreement rendering
different parts of a lot immediately available for separate
disposition or separate occupation, other than by an
agreement that is—
(i)
a lease for a term, including renewal options, not
exceeding 10 years; or
(ii) an agreement for the exclusive use of part of the
common property for a community titles scheme
under the Body Corporate and Community
Management Act 1997; or
(e)
(2)
creating an easement giving access to a lot from a
constructed road.
For the definition of building work in subsection (1), item
1(b), work includes a management procedure or other activity
relating to a building or structure even though the activity
does not involve a structural change to the building or
structure.
Current as at 19 December 2014
Page 51
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 11]
Example—
a management procedure under the fire safety standard under the
Building Act relating to a budget accommodation building
11
Explanation of terms used in ecological sustainability
For section 8—
(a)
ecological processes and natural systems are protected
if—
(i)
the life-supporting capacities of air, ecosystems,
soil and water are conserved, enhanced or restored
for present and future generations; and
(ii) biological diversity is protected; and
(b)
economic development takes place if there are diverse,
efficient, resilient and strong economies (including
local, regional and State economies) enabling
communities to meet their present needs while not
compromising the ability of future generations to meet
their needs; and
(c)
the cultural, economic, physical and social wellbeing of
people and communities is maintained if—
(i)
well-serviced and healthy communities with
affordable, efficient, safe and sustainable
development are created and maintained; and
(ii) areas and places of special aesthetic, architectural,
cultural, historic, scientific, social or spiritual
significance are conserved or enhanced; and
(iii) integrated networks of pleasant and safe public
areas for aesthetic enjoyment and cultural,
recreational or social interaction are provided; and
(iv) potential adverse impacts on climate change are
taken into account for development, and sought to
be addressed through sustainable development,
including, for example, sustainable settlement
patterns and sustainable urban design.
Page 52
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 3 Interpretation
[s 12]
Division 4
12
General matters
Meaning of words in Act prevail over planning
instruments
If a word in a planning instrument has a meaning that is
inconsistent with the meaning of the same word in this Act,
the meaning of the word in this Act prevails to the extent of
the inconsistency.
13
References in Act to particular terms
In a provision of this Act about a development application, a
reference to—
(a)
the applicant is a reference to the person who made the
application; and
(b)
development, or the development, is a reference to
development the subject of the application; and
(c)
the assessment manager is a reference to the assessment
manager for the application; and
(d)
a referral agency, concurrence agency or advice agency
is a reference to a referral agency, concurrence agency
or advice agency for the application; and
(e)
the local government is a reference to the local
government for the local government area where the
development is proposed; and
(f)
an information request is a reference to an information
request for assessing the application; and
(g)
the acknowledgement notice is a reference to the
acknowledgement notice for the application; and
(h)
a referral agency’s response is a reference to a referral
agency’s response for the application; and
(i)
the development approval is a reference to the
development approval for the application; and
Current as at 19 December 2014
Page 53
Sustainable Planning Act 2009
Chapter 1 Preliminary
Part 4 Application of Act
[s 14]
(j)
the land is a reference to the land the subject of the
application; and
(k)
the premises is a reference to the premises the subject of
the application; and
(l)
the planning scheme is a reference to the planning
scheme for the locality where the development is
proposed; and
(m) a submitter is a reference to a submitter for the
application; and
(n)
Part 4
14
Page 54
the decision notice or negotiated decision notice is a
reference to the decision notice or negotiated decision
notice for the application.
Application of Act
Act binds all persons
(1)
This Act binds all persons, including the State and, to the
extent the legislative power of the Parliament permits, the
Commonwealth and the other States.
(2)
However, the Commonwealth or a State can not be prosecuted
for an offence against this Act.
(3)
Subsection (1) does not apply to the functions and powers of
the Coordinator-General under the State Development and
Public Works Organisation Act 1971.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 1 Preliminary
[s 15]
Chapter 2
State planning instruments
Part 1
Preliminary
15
State planning instruments under Act
The following are State planning instruments under this Act—
(a)
a State planning regulatory provision;
(b)
a State planning policy;
(c)
a regional plan;
(d)
the standard planning scheme provisions.
Part 2
State planning regulatory
provisions
Division 1
Preliminary
16
What is a State planning regulatory provision
(1)
(2)
A State planning regulatory provision is an instrument made
under division 2 and part 6 for an area to advance the purpose
of this Act by—
(a)
providing regulatory support for regional planning; or
(b)
providing for a charge for the supply of infrastructure;
or
(c)
protecting planning scheme areas from adverse impacts.
A State planning regulatory provision includes a draft State
planning regulatory provision that under section 73 has effect
as a State planning regulatory provision.
Current as at 19 December 2014
Page 55
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 2 State planning regulatory provisions
[s 17]
Note—
See also section 858 (Transition of validated planning documents to
master planning documents).
17
18
Status of State planning regulatory provision
(1)
A State planning regulatory provision is a statutory instrument
under the Statutory Instruments Act 1992 and has the force of
law as provided for under this Act.
(2)
A State planning regulatory provision is not subordinate
legislation.
State interest
For this Act, a State planning regulatory provision is taken to
be a State interest.
19
Relationship with other instruments
(1)
If there is an inconsistency between a State planning
regulatory provision and another planning instrument, or any
plan, policy or code under an Act, the State planning
regulatory provision prevails to the extent of the
inconsistency.
(2)
A State planning regulatory provision may suspend or
otherwise affect the operation of another planning instrument,
but does not amend the planning instrument.
Division 2
20
Power to make State planning regulatory provision
(1)
Page 56
General matters about State
planning regulatory provisions
The Minister may make a State planning regulatory provision
for the State or a part of the State (a relevant area) if the
Minister is satisfied the provision is necessary—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 2 State planning regulatory provisions
[s 21]
(2)
(3)
(a)
to implement a regional plan; or
(b)
to prevent a compromise of the implementation of a
proposed regional plan for a designated region or a
proposed designated region; or
(c)
to provide for the matters mentioned in section 629.
The Minister also may make a State planning regulatory
provision if the Minister is satisfied—
(a)
there is a significant risk of serious environmental harm
or serious adverse cultural, economic or social
conditions happening in a planning scheme area; and
(b)
giving a direction under section 126 would not be the
most appropriate way to address the risk.
The Minister and an eligible Minister may jointly make a
State planning regulatory provision for the State or a part of
the State (also a relevant area) if—
(a)
the matter to which the State planning regulatory
provision relates is a matter administered by the eligible
Minister; and
(b)
the Minister is satisfied—
(i)
there is a significant risk of serious environmental
harm or serious adverse cultural, economic or
social conditions happening in a planning scheme
area; and
(ii) giving a direction under section 126 would not be
the most appropriate way to address the risk.
Note—
Section 858 (Transition of validated planning documents to master
planning documents) also allows the making of State planning
regulatory provisions.
21
Content of State planning regulatory provision
A State planning regulatory provision may—
Current as at 19 December 2014
Page 57
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 2 State planning regulatory provisions
[s 21]
(a)
declare development to be—
(i)
self-assessable development; or
(ii) development requiring compliance assessment; or
(iii) assessable development; or
(iv) prohibited development; and
(b)
require impact or code assessment, or both impact and
code assessment, for assessable development, including
assessable development mentioned in paragraph (a); and
(c)
include a code for IDAS, or other criteria for the
assessment of development applications; and
(d)
otherwise regulate development by, for example, stating
aspects of development that may not take place in stated
localities until—
(i)
a stated planning instrument has been made; or
(ii) a stated development application has been
approved; and
(e)
state transitional arrangements for development
applications affected by the provision; and
(f)
provide for a matter mentioned in section 20.
Note—
For other matters that may be included in a State planning regulatory
provision, see chapter 6, part 10 (Compliance stage).
Page 58
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 3 State planning policies
[s 22]
Part 3
State planning policies
Division 1
Preliminary
22
What is a State planning policy
A State planning policy is an instrument that—
23
(a)
is made under division 2 and part 6, or division 3; and
(b)
advances the purpose of this Act by stating the State’s
policy about a matter of State interest.
Status of State planning policy
A State planning policy is a statutory instrument under the
Statutory Instruments Act 1992 and has the force of law as
provided for under this Act.
24
Area to which State planning policy applies
A State planning policy has effect throughout the State unless
the policy states otherwise.
25
Relationship with regional plans and local planning
instruments
If there is an inconsistency between a State planning policy
and a regional plan or local planning instrument, the State
planning policy prevails to the extent of the inconsistency.
Division 2
26
General matters about State
planning policies
Power to make State planning policy—generally
(1)
The Minister may, under part 6, make a State planning policy.
Current as at 19 December 2014
Page 59
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 3 State planning policies
[s 27]
(2)
27
Also, the Minister and an eligible Minister may, under part 6,
jointly make a State planning policy if the State interest
addressed by the policy is a matter administered by the
eligible Minister.
Duration of State planning policy made under pt 6
(1)
A State planning policy mentioned in section 26 ceases to
have effect on—
(a)
the day the policy is repealed under part 6; or
(b)
the day that is 10 years after the day the policy had
effect.
(2)
Despite subsection (1)(b), if a day for the ending of the State
planning policy is prescribed under a regulation made before
the period mentioned in the subsection ends, the policy ends
on the prescribed day.
(3)
The prescribed day must not be more than 12 years after the
day the State planning policy had effect.
Division 3
28
Page 60
Temporary State planning policies
Power to make temporary State planning policy
(1)
The Minister may, under section 29, make a State planning
policy (a temporary State planning policy) if the Minister
considers the policy is urgently required to protect or give
effect to a State interest.
(2)
Also, the Minister and an eligible Minister may, under section
29, jointly make a State planning policy (also a temporary
State planning policy) if—
(a)
the State interest addressed by the policy is a matter
administered by the eligible Minister; and
(b)
the Minister considers the policy is urgently required to
protect or give effect to the State interest.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 3 State planning policies
[s 29]
(3)
29
Part 6, divisions 1 to 3, do not apply to the making of a
temporary State planning policy.
Making temporary State planning policy
(1)
(2)
(3)
The Minister, or the Minister and an eligible Minister jointly,
may make a temporary State planning policy by publishing a
notice about the policy—
(a)
in the gazette; and
(b)
if the policy is to have effect throughout the State—in a
newspaper circulating generally in the State; and
(c)
if the policy is to have effect only in a part of the
State—in a newspaper circulating generally in the part.
If the Minister and an eligible Minister propose to jointly
make a temporary State planning policy, the policy is validly
made if—
(a)
the eligible Minister publishes a notice about the policy
under subsection (1); and
(b)
the policy is endorsed by the Minister and the eligible
Minister before the eligible Minister publishes the
notice.
The notice mentioned in subsection (1) must state the
following—
(a)
the name of the State planning policy;
(b)
if the policy applies only to a particular part of the
State—the name of the part or other information
necessary to adequately describe the part;
(c)
the period for which the policy has effect;
(d)
where a copy of the policy may be inspected and
purchased.
Current as at 19 December 2014
Page 61
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 30]
30
Effect of temporary State planning policy
A temporary State planning policy may suspend or otherwise
affect the operation of a State planning policy, but does not
amend the State planning policy.
31
Duration of temporary State planning policy
A temporary State planning policy has effect for—
(a)
1 year after the day it is made; or
(b)
if the policy states a lesser period of effect—the lesser
period.
Part 4
Regional plans
Division 1
Preliminary
32
What is a designated region
(1)
(2)
Page 62
A designated region is—
(a)
the local government areas, or the parts of local
government areas, prescribed as a designated region
under a regulation; and
(b)
Queensland waters adjacent to the local government
areas or parts.
A regulation under subsection (1)(a) must give a name to each
designated region it prescribes.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 33]
Division 2
Regional plans for designated
regions
Subdivision 1
Preliminary
33
What is a regional plan
A regional plan, for a designated region, is an instrument
that—
34
(a)
is made under subdivision 2 and part 6 by the regional
planning Minister for the region; and
(b)
advances the purpose of this Act by providing an
integrated planning policy for the region.
Status of regional plan
A regional plan is a statutory instrument under the Statutory
Instruments Act 1992 and has the force of law as provided for
under this Act.
35
State interest
For this Act, a designated region’s regional plan is taken to be
a State interest.
36
Relationship with other instruments
(1)
This section does not apply to a State planning regulatory
provision.
(2)
If there is an inconsistency between a regional plan and a local
planning instrument, the regional plan prevails to the extent of
the inconsistency.
Current as at 19 December 2014
Page 63
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 37]
Subdivision 2
37
Requirement to make, and key
elements of, regional plans
Requirement to make regional plan
The regional planning Minister for a designated region must
make a regional plan for the region.
38
Key elements of regional plan
The regional planning Minister for a designated region must
be satisfied its regional plan—
(a)
identifies—
(i)
the desired regional outcomes for the region; and
(ii) the policies and actions for achieving the desired
regional outcomes; and
(b)
identifies the desired future spatial structure of the
region including—
(i)
a future regional land use pattern; and
(ii) provision for regional infrastructure to service the
future regional land use pattern, to inform—
(A)
local governments when preparing LGIPs;
and
(B)
the State, local governments and other
entities about infrastructure plans and
investments; and
(iii) key regional environmental, economic and cultural
resources to be preserved, maintained or
developed; and
(iv) the way the resources are to be preserved,
maintained or developed; and
(v) for paragraph (b)(iii), regional landscape areas; and
Page 64
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 39]
(c)
includes any other relevant regional planning matter for
this Act.
Subdivision 3
39
Requirement to amend planning
schemes to reflect regional plans
Amending planning schemes to reflect regional plan
(1)
This section applies to a local government if its local
government area or part of its area is prescribed under section
32(1) as a designated region, unless the regional planning
Minister for the region gives the local government a written
direction to the contrary.
(2)
The local government must amend its planning scheme, under
the process stated in the guideline mentioned in section
117(1), to reflect the designated region’s regional plan as
made, amended or replaced.
(3)
The regional planning Minister for the designated region may
amend the planning scheme if—
(a)
the regional planning Minister is satisfied a local
government must amend its planning scheme under
subsection (2); and
(b)
the local government has not, within 90 business days
after the day notice of the making of the designated
region’s regional plan was gazetted—
(i)
made the amendment; or
(ii) complied with the guideline mentioned in section
117(1) to the extent it requires the local
government to give the Minister a copy of the
proposed amendment.
(4)
Anything done by the regional planning Minister under
subsection (3) is taken to have been done by the local
government and has the same effect as it would have had if
the local government had done it.
Current as at 19 December 2014
Page 65
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 40]
(5)
An expense reasonably incurred by the regional planning
Minister in taking an action under subsection (3) may be
recovered from the local government as a debt owing to the
State.
(6)
The regional planning Minister may, in writing, extend the
period mentioned in subsection (3)(b).
(7)
Nothing in this section affects or is affected by chapter 3, part
6.
Division 3
40
Regional planning committees
What are regions
In this Act—
41
Page 66
(a)
there are no fixed geographical areas of the State
constituting regions, other than designated regions; and
(b)
a region may include the combined area of all or parts of
2 or more local government areas and an area not
included in a local government area.
Establishment of regional planning committee
(1)
The Minister may establish as many regional planning
committees as the Minister considers appropriate.
(2)
The regional planning Minister for a designated region must
establish a regional planning committee for the region.
(3)
However, subsection (4) applies if—
(a)
there is a regional planning committee for a region that
is not a designated region; and
(b)
the area covered by the region is the same or
substantially the same as a designated region.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 42]
(4)
The regional planning committee for the region is taken to be
the regional planning committee established for the
designated region.
(5)
Before establishing a regional planning committee for a
region that is not a designated region, the Minister must—
(a)
prepare draft terms of reference for the proposed
committee; and
(b)
identify the proposed region and local governments
likely to be affected by the advice of the proposed
committee; and
(c)
consult with the local governments and interest groups
the Minister considers appropriate about—
(i)
the draft terms of reference, including the term of
the proposed committee; and
(ii) the membership of the proposed committee; and
(iii) the extent of their, the Commonwealth’s and the
State’s, proposed participation in, and support for,
the proposed committee.
(6)
42
In establishing a regional planning committee for a region that
is not a designated region, the Minister must state—
(a)
the committee’s name; and
(b)
the membership of the committee; and
(c)
the area covered by the region for which the committee
is established; and
(d)
the committee’s terms of reference.
Functions of regional planning committee
(1)
The functions of a regional planning committee for a region
that is not a designated region are the functions stated in the
committee’s terms of reference.
(2)
The function of a designated region’s regional planning
committee is to advise the regional planning Minister for the
Current as at 19 December 2014
Page 67
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 43]
region about the development and implementation of the
region’s regional plan.
43
Membership of regional planning committee
(1)
A designated region’s regional planning committee has the
membership decided by the regional planning Minister for the
region and notified in the gazette.
(2)
A member of a designated region’s regional planning
committee must be—
a Minister; or
(b)
a mayor or councillor of a local government of the
region; or
(c)
a person who has the appropriate qualifications,
experience or standing to be a member of the
committee.
(3)
However, this section does not apply if section 41(4) applies
to the designated region.
(4)
The membership of a regional planning committee for a
region that is not a designated region—
(5)
44
(a)
(a)
may be identified in general or specific terms; and
(b)
without limiting the scope of possible membership,
must include representatives of appropriate local
governments.
However, a local government may elect not to be represented
on a regional planning committee for a region that is not a
designated region.
Changing particular committee
After consulting the regional planning committee for a region
that is not a designated region and any other entities the
Minister considers appropriate, the Minister may change any
Page 68
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 4 Regional plans
[s 45]
aspect of the committee, including, for example, its name,
membership, region and terms of reference.
45
46
Dissolution of regional planning committee
(1)
The Minister may dissolve the regional planning committee
for a region that is not a designated region at any time.
(2)
The regional planning Minister for a designated region may
dissolve its regional planning committee at any time.
Quorum
A quorum for a meeting of a regional planning committee is 1
more than half the number of members of the committee.
47
48
49
Presiding at meetings
(1)
The regional planning Minister for a designated region
presides at all meetings of its regional planning committee.
(2)
If the regional planning Minister for the designated region is
absent, the member nominated by the regional planning
Minister must preside.
Conduct of meetings
(1)
Meetings of a designated region’s regional planning
committee must be conducted at the time and place the
regional planning Minister for the region decides.
(2)
A regional planning committee must conduct its business and
proceedings at meetings in the way it decides.
Reports of particular committee
A regional planning committee for a region that is not a
designated region must report its findings under its terms of
reference to the Minister and the local governments of its
region.
Current as at 19 December 2014
Page 69
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 5 Standard planning scheme provisions
[s 50]
Part 5
Standard planning scheme
provisions
Division 1
Preliminary
50
What are standard planning scheme provisions
The standard planning scheme provisions are the provisions
that—
(a)
are made under division 2 and part 6 by the Minister;
and
(b)
advance the purpose of this Act by providing for—
(i)
a consistent structure for planning schemes; and
(ii) standard provisions for implementing integrated
planning at the local level.
51
Status of standard planning scheme provisions
The instrument consisting of the standard planning scheme
provisions is a statutory instrument under the Statutory
Instruments Act 1992 and has the force of law as provided for
under this Act.
52
Effect of standard planning scheme provisions
The standard planning scheme provisions do not regulate or
affect development unless, under section 53, the provisions
have effect in a planning scheme area.
53
Relationship with local planning instruments
If a local planning instrument for a planning scheme area is
inconsistent with the standard planning scheme provisions,
the standard planning scheme provisions—
Page 70
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 5 Standard planning scheme provisions
[s 54]
(a)
prevail to the extent of the inconsistency; and
(b)
have effect in place of the local planning instrument, but
only to the extent of the inconsistency and to the extent
the instrument applies in the planning scheme area.
Division 2
54
General matters about standard
planning scheme provisions
Power to make standard planning scheme provisions
The Minister may make standard planning scheme provisions
for the whole of the State.
55
Local governments to amend planning schemes to reflect
standard planning scheme provisions
(1)
A local government must ensure each of its local planning
instruments is consistent with the standard planning scheme
provisions.
(2)
If the standard planning scheme provisions are amended, the
local government must amend its planning scheme under the
process stated in the guideline mentioned in section 117(1) to
reflect the standard planning scheme provisions as amended.
(3)
The Minister may amend the planning scheme if—
(a)
the Minister is satisfied a local government must amend
its planning scheme under subsection (2); and
(b)
the local government has not, within 90 business days
after the day notice of the making of the amended
standard planning scheme provisions was gazetted—
(i)
made the amendment; or
(ii) complied with the guideline mentioned in section
117(1) to the extent it requires the local
government to give the Minister a copy of the
proposed amendment.
Current as at 19 December 2014
Page 71
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 5 Standard planning scheme provisions
[s 55A]
55A
Page 72
(4)
Anything done by the Minister under subsection (3) is taken
to have been done by the local government and has the same
effect as it would have had if the local government had done
it.
(5)
An expense reasonably incurred by the Minister in taking an
action under subsection (3) may be recovered from the local
government as a debt owing to the State.
(6)
The Minister may, in writing, extend the period mentioned in
subsection (3)(b).
(7)
Subsection (2) does not apply to a local government if, under
section 129, the Minister amends the local government’s
planning scheme to reflect the standard planning scheme
provisions as amended.
(8)
Subject to subsection (7), nothing in this section affects or is
affected by chapter 3, part 6.
Limited application of s 777 for IPA standard provisions
(1)
This section applies in relation to a local planning instrument
to which section 777 applies (an IPA local planning
instrument) if any provision of the standard planning scheme
provisions states that it applies to the IPA local planning
instrument.
(2)
The provisions of the standard planning scheme provisions
stated to apply to the IPA local planning instrument are the
IPA standard provisions for the instrument.
(3)
Subsections (4) to (7) apply despite section 777(2), (3) and
(7).
(4)
Section 53 applies to the IPA local planning instrument as if a
reference in the section to the standard planning scheme
provisions were a reference to the IPA standard provisions for
the instrument.
(5)
Section 55(1) applies to a local government in relation to its
IPA local planning instrument as if a reference in the
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 56]
provision to the standard scheme provisions were a reference
to the IPA standard provisions for the instrument.
(6)
If—
(a)
the standard planning scheme provisions are amended to
state that the IPA standard provisions for the IPA local
planning instrument apply; or
(b)
the IPA standard provisions for the instrument are
amended;
the local government must amend its planning scheme under
the process stated in the guideline mentioned in section 117(1)
to reflect the IPA standard provisions, or the IPA standard
provisions as amended, for the instrument.
(7)
Section 55(3) and (7) applies to a local government in relation
to its IPA local planning instrument as if a reference in the
provision to the standard planning scheme provisions as
amended were a reference to the IPA standard provisions, or
the IPA standard provisions as amended, for the instrument.
Part 6
Making, amending and
repealing State planning
instruments
Division 1
Preliminary
56
Process for making, amending or repealing State
planning instrument
(1)
The process stated in this part must be followed for making,
amending or repealing a State planning instrument.
Current as at 19 December 2014
Page 73
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 57]
57
(2)
A regulation may state an additional requirement to be
followed for making, amending or repealing a State planning
instrument.
(3)
If a regulation under subsection (2) states an additional
requirement, the requirement must be complied with.
Compliance with divs 2 and 3
Despite divisions 2 and 3, if a State planning instrument is
made or amended in substantial compliance with the process
stated in the divisions, the State planning instrument or
amendment is valid so long as any noncompliance has not—
(a)
adversely affected the awareness of the public of the
existence and nature of the proposed State planning
instrument or amendment; or
(b)
restricted the opportunity of the public to make properly
made submissions about the proposed instrument or
amendment under the process stated in the divisions.
Division 2
58
Process for making State planning
instruments
Preparation of draft instrument
(1)
Before making a State planning instrument, the Minister must
prepare a draft of the proposed instrument.
(2)
In preparing a draft regional plan, the regional planning
Minister must consult with the region’s regional planning
committee about preparing the draft.
(3)
In subsection (1)—
Minister means—
(a)
Page 74
if the State planning instrument is to be jointly made by
the Minister and an eligible Minister—the eligible
Minister; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 59]
(b)
59
60
otherwise—the Minister proposing to make the State
planning instrument.
Endorsing particular draft instrument
(1)
Subsection (2) applies if a draft State planning regulatory
provision or State planning policy is prepared by an eligible
Minister.
(2)
The Minister and the eligible Minister must endorse the
instrument before the eligible Minister acts under section 60.
Notice about draft instrument
(1)
(2)
The Minister who prepared the draft State planning
instrument must publish a notice—
(a)
in the gazette; and
(b)
if the draft instrument is to have effect throughout the
State or is made for the whole of the State—in a
newspaper circulating generally in the State; and
(c)
if the draft instrument is to have effect only in a part of
the State—in a newspaper circulating generally in the
part.
The notice must state the following—
(a)
that the draft State planning instrument is available for
inspection and purchase;
(b)
where copies of the draft instrument may be inspected
and purchased;
(c)
a contact telephone number for information about the
draft instrument;
(d)
that written submissions about any aspect of the draft
instrument may be given by any person to the Minister
who prepared the draft;
(e)
the period (the consultation period) during which the
submissions may be made;
Current as at 19 December 2014
Page 75
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 61]
(f)
(3)
(4)
61
the requirements for a properly made submission.
The consultation period must be for at least—
(a)
for a draft regional plan—60 business days after the day
the notice is gazetted; or
(b)
for a draft State planning regulatory provision—30
business days after the day the notice is gazetted; or
(c)
otherwise—40 business days after the day the notice is
gazetted.
The Minister who prepared the draft State planning
instrument must give a copy of the notice and the draft
instrument to each of the following—
(a)
for a draft State planning instrument other than draft
standard planning scheme provisions—each local
government whose local government area includes a
part of the State in which the draft instrument is to have
effect;
(b)
for draft standard planning scheme provisions—each
local government;
(c)
any other person or entity prescribed under a regulation.
Keeping draft instrument available for inspection and
purchase
For all of the consultation period, the Minister who prepared
the draft State planning instrument must keep a copy of the
draft instrument available for inspection and purchase by
members of the public.
62
Dealing with draft State planning regulatory provision
(1)
Page 76
The Minister who prepared a draft State planning regulatory
provision may, during the consultation period, amend, replace
or remove the draft State planning regulatory provision, other
than to change the relevant area.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 63]
(2)
63
If an eligible Minister prepared the draft State planning
regulatory provision, an amended or replacement instrument
must be endorsed by the eligible Minister and the Minister.
Making State planning instruments
(1)
(2)
(3)
(4)
The Minister who prepared the draft State planning
instrument must—
(a)
consider each properly made submission about the draft
instrument; and
(b)
for a draft regional plan for a designated
region—consult with the designated region’s regional
planning committee about making the regional plan.
After acting under subsection (1), the Minister may—
(a)
make the State planning instrument as provided for in
the draft State planning instrument as published; or
(b)
make the State planning instrument and include any
amendments of the draft State planning instrument the
Minister considers appropriate; or
(c)
for a State planning instrument other than a regional
plan—decide not to make the State planning instrument
as mentioned in paragraph (a) or (b).
If an eligible Minister prepared the draft State planning
instrument, the eligible Minister and the Minister must
jointly—
(a)
make the State planning instrument as mentioned in
subsection (2)(a) or (b); or
(b)
decide not to make the State planning instrument.
A State planning instrument is taken to be jointly made when
the instrument is endorsed by both Ministers.
Current as at 19 December 2014
Page 77
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 64]
64
Notice about making State planning instrument
(1)
(2)
(3)
65
After the State planning instrument is made, the Minister who
prepared the draft instrument must publish a notice about its
making—
(a)
in the gazette; and
(b)
if the instrument has effect throughout the State or is
made for the whole of the State—in a newspaper
circulating generally in the State; and
(c)
if the instrument has effect only in a part of the
State—in a newspaper circulating generally in the part.
The notice must state—
(a)
the day the State planning instrument was made; and
(b)
where a copy of the instrument may be inspected and
purchased.
The Minister mentioned in subsection (1) must give a copy of
the State planning instrument to—
(a)
for a State planning instrument other than the standard
planning scheme provisions—each local government
whose local government area includes a part of the State
in which the instrument has effect; or
(b)
for the standard planning scheme provisions—each
local government.
Notice about decision not to make State planning
instrument
If a decision is made not to make a State planning instrument,
the Minister who prepared the draft instrument must publish
notice of the decision in the gazette.
Page 78
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 66]
66
Particular State planning regulatory provisions to be
ratified by Parliament
(1)
67
This section applies to a State planning regulatory provision
made to—
(a)
implement a regional plan; or
(b)
prevent a compromise of the implementation of a
proposed regional plan for a designated region or a
proposed designated region.
(2)
Within 14 sitting days after the State planning regulatory
provision is made, a copy of the provision must be tabled in
the Legislative Assembly by the Minister who made the State
planning regulatory provision.
(3)
If the provision is not ratified by Parliament within 14 sitting
days after the day the copy is tabled, the provision ceases to
have effect.
State planning regulatory provisions that are subject to
disallowance
(1)
This section applies to a State planning regulatory provision
made because the Minister was satisfied there is a significant
risk of serious environmental harm or serious adverse cultural,
economic or social conditions happening in a planning
scheme area.
(2)
The Statutory Instruments Act 1992, sections 49, 50 and 51,
apply to the provision as if it were subordinate legislation.
Current as at 19 December 2014
Page 79
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 68]
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
(1)
The Minister who made a State planning instrument may
make an administrative amendment or minor amendment of
the instrument.
(2)
If the State planning instrument was jointly made by 2
Ministers—
(a)
for an administrative amendment—either Minister may
make the amendment; and
(b)
for a minor amendment—
(i)
the amendment must be jointly made by both
Ministers; and
(ii) the amendment is taken to be jointly made when
the amendment is endorsed by both Ministers.
(3)
The regional planning Minister for a designated region also
may amend the region’s regional plan to include a document
to be made under the plan that—
(a)
has been prepared by a public sector entity; and
(b)
the regional planning Minister is satisfied—
(i)
demonstrates how the regional plan will be
implemented; and
(ii) has been subject to adequate public consultation.
(4)
Page 80
Division 2 does not apply to the making of an amendment
under this section.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 69]
69
Notice of amendment under s 68
(1)
(2)
After the State planning instrument is amended, the Minister
who made the amendment, or the eligible Minister if the
amendment was jointly made, must publish a notice about the
amendment—
(a)
in the gazette; and
(b)
if the instrument has effect throughout the State or is
made for the whole of the State—in a newspaper
circulating generally in the State; and
(c)
if the instrument has effect only in a part of the
State—in a newspaper circulating generally in the part.
The notice must state—
(a)
the day the amendment was made; and
(b)
where a copy of the State planning instrument, as
amended, may be inspected and purchased.
Subdivision 2
70
Other amendments
Other amendments
(1)
The Minister who made a State planning instrument may
make an amendment of the instrument, other than an
amendment under section 68, only if the process under
division 2 for the making of the State planning instrument has
been followed.
(2)
To remove any doubt, it is declared that if the State planning
instrument was jointly made by 2 Ministers, the amendment
must be jointly made by both Ministers.
(3)
For subsection (1), division 2 applies—
(a)
as if a reference in the division to preparing a draft State
planning instrument were a reference to preparing a
draft amendment; and
Current as at 19 December 2014
Page 81
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 71]
71
(b)
as if a reference in the division to a draft State planning
instrument were a reference to the draft amendment; and
(c)
as if a reference in the division to making a State
planning instrument were a reference to the making of
the amendment; and
(d)
as if a reference in the division to a State planning
instrument were a reference to the amendment; and
(e)
as if the reference in section 60(3)(a) to 60 business days
were a reference to 30 business days; and
(f)
as if the reference in section 60(3)(c) to 40 business days
were a reference to 20 business days; and
(g)
with other necessary changes.
Decision not to proceed with amendment of regional plan
When acting under division 2, the Minister also may decide
not to proceed with the amendment of a regional plan.
Division 4
72
When State planning instrument or amendment has
effect
(1)
(2)
Page 82
When State planning instrument or
amendment has effect
A State planning instrument, or an amendment of a State
planning instrument, has effect on—
(a)
the day the notice about the making of the instrument or
amendment is gazetted; or
(b)
if a later day for the commencement of the instrument or
amendment is stated in the instrument or
amendment—the later day.
Subsection (1) is subject to sections 66 and 67.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 73]
73
Effect of draft State planning regulatory provision and
draft amendments
(1)
(2)
(3)
This section applies to—
(a)
a draft State planning regulatory provision under this
part (the draft provision); or
(b)
a State planning regulatory provision as amended by a
draft amendment of the provision under this part (also
the draft provision).
The Minister may state in the gazette notice for the draft
instrument, or amendment, that the draft provision has effect
as if it were a State planning regulatory provision on the day
the notice of the draft instrument, or amendment, is gazetted if
the Minister is satisfied any delay in the commencement
would increase the risk of—
(a)
serious harm to the environment or serious adverse
cultural, economic or social conditions happening in a
planning scheme area; or
(b)
compromising the implementation of a regional plan or
proposed regional plan.
If the Minister states a draft provision has effect as mentioned
in subsection (2), the draft provision has effect as if it were a
State planning regulatory provision from the day the notice of
the draft instrument, or amendment, is gazetted until the first
of the following happens—
(a)
a decision to make a State planning regulatory provision
is made under section 63(2)(a) or (b) relating to the draft
provision and the State planning regulatory provision
takes effect under section 72;
(b)
a decision not to make a State planning regulatory
provision is made under section 63(2)(c) relating to the
draft provision and is gazetted;
(c)
the day that is 12 months after the day the notice of the
draft instrument, or amendment, is gazetted ends.
Current as at 19 December 2014
Page 83
Sustainable Planning Act 2009
Chapter 2 State planning instruments
Part 6 Making, amending and repealing State planning instruments
[s 74]
Division 5
74
Notice of repeal
(1)
The Minister may decide to repeal a State planning
instrument, other than a regional plan.
(2)
However, if the State planning instrument was jointly made by
2 Ministers, the decision to repeal the instrument must be
jointly made by both Ministers.
(3)
A State planning instrument may only be repealed by
publishing a notice—
(4)
(5)
Page 84
Repealing and replacing State
planning instruments
(a)
in the gazette; and
(b)
if the instrument has effect throughout the State or is
made for the whole of the State—in a newspaper
circulating generally in the State; and
(c)
if the instrument has effect only in a part of the
State—in a newspaper circulating generally in the part.
The notice must—
(a)
identify the State planning instrument being repealed;
and
(b)
if the State planning instrument has effect only in a part
of the State—identify the part of the State in which it
has effect; and
(c)
state that the State planning instrument is repealed.
The Minister must give a copy of the notice to—
(a)
for a State planning instrument other than the standard
planning scheme provisions—each local government
whose local government area includes a part of the State
in which the instrument had effect; and
(b)
for the standard planning scheme provisions—each
local government.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 1 Preliminary
[s 75]
(6)
75
If the State planning instrument was jointly made by the
Minister and an eligible Minister, the Minister must act under
subsections (3) and (5) in relation to the repeal of the
instrument.
When repeal has effect
The repeal of a State planning instrument has effect on the day
the notice of the repeal is gazetted.
76
Replacement of regional plans
If a regional plan (the replacement plan) states that it replaces
an existing regional plan, it replaces the existing regional plan
on and from the day the replacement plan takes effect.
Chapter 3
Local planning instruments
Part 1
Preliminary
77
Local planning instruments under Act
The following are local planning instruments under this Act—
78
(a)
a planning scheme;
(b)
a temporary local planning instrument;
(c)
a planning scheme policy.
Infrastructure intentions in local planning instruments
not binding
(1)
If a local planning instrument indicates the intention of a local
government or a supplier of State infrastructure to supply
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 78A]
infrastructure, it does not create an obligation on the local
government or the supplier to supply the infrastructure.
(2)
78A
If a local government or a supplier of State infrastructure
states a desired standard of service in an LGIP, an entity does
not have a right to expect or demand the standard.
Relationship between local planning instruments and
Building Act
(1)
A local planning instrument must not include provisions about
building work, to the extent the building work is regulated
under the building assessment provisions, unless permitted
under the Building Act.
Note—
The Building Act, sections 31, 32 and 33 provide for matters about the
relationship between local planning instruments and that Act for
particular building work.
(2)
To the extent a local planning instrument does not comply
with subsection (1), the local planning instrument has no
effect.
(3)
In this section—
building assessment provisions does not include IDAS or a
provision of a local planning instrument.
Part 2
Planning schemes
Division 1
Preliminary
79
What is a planning scheme
A planning scheme is an instrument that—
Page 86
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 80]
80
(a)
is made by a local government under division 2 and part
5; and
(b)
advances the purpose of this Act by providing an
integrated planning policy for the local government’s
planning scheme area.
Status of planning scheme
A planning scheme is a statutory instrument under the
Statutory Instruments Act 1992 and has the force of law as
provided for under this Act.
81
Effects of planning scheme
A planning scheme for a planning scheme area—
82
83
(a)
becomes the planning scheme for the area; and
(b)
replaces any existing planning scheme applying to the
area.
Area to which planning scheme applies
(1)
A local government’s planning scheme applies to all of the
local government’s area (the planning scheme area).
(2)
The local government also may apply its planning scheme for
assessing prescribed tidal work in its tidal area to the extent
stated in a code for prescribed tidal work.
Relationship with planning scheme policies
If there is an inconsistency between a planning scheme and a
planning scheme policy for a planning scheme area, the
planning scheme prevails to the extent of the inconsistency.
Note—
For the relationship between planning schemes and State planning
instruments, see sections 19 (Relationship with other instruments), 25
(Relationship with local planning instruments), 36 (Relationship with
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 84]
other instruments) and 53 (Relationship with local planning
instruments).
Division 2
84
General provisions about planning
schemes
Power to make planning scheme
A local government may make a planning scheme for its
planning scheme area.
85
Documents planning scheme may adopt
(1)
(2)
The only documents made by a local government that the
local government’s planning scheme may, under the Statutory
Instruments Act 1992, section 23, apply, adopt or incorporate
are—
(a)
a planning scheme policy; or
(b)
an LGIP.
In this section—
documents does not include the following—
86
a development approval;
(b)
an approval for an application mentioned in repealed
IPA, section 6.1.26.
Planning schemes for particular local governments
(1)
Page 88
(a)
This section applies to the planning scheme for the following
local governments—
(a)
Ipswich City Council;
(b)
Moreton Bay Regional Council;
(c)
Sunshine Coast Regional Council.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 86]
(2)
The Statutory Instruments Act 1992, section 23 (section 23),
applies for the following development control plans (each a
DCP) under the repealed LGP&E Act—
(a)
the DCP known as the Development Control Plan 1
Kawana Waters;
Editor’s note—
At the commencement of this section, a copy of the DCP was available
on the Sunshine Coast Regional Council’s website at
<www.sunshinecoast.qld.gov.au>.
(b)
the DCP known as the Mango Hill Infrastructure
Development Control Plan;
Editor’s note—
At the commencement of this section, a copy of the DCP was available
on the Moreton Bay Regional Council’s website at
<www.moretonbay.qld.gov.au>.
(c)
the DCP known as the Springfield Structure Plan.
Editor’s note—
At the commencement of this section, a copy of the DCP was available
on the Ipswich City Council’s website at <www.ipswich.qld.gov.au>.
(3)
However, a DCP can not be incorporated into the text of the
planning scheme itself.
(4)
A planning scheme may under section 23 apply or adopt a
DCP by including a statement that the DCP applies to the part
of the planning scheme area to which the DCP applies (an
adopted DCP).
(5)
Section 857 and any definition relevant to it apply for an
adopted DCP—
(a)
as if—
(i)
the planning scheme were an existing planning
scheme to which that section applies; and
(ii) the adopted DCP were a development control plan
to which that section applies; and
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 87]
(iii) as if a reference in the section to a development
control plan being included in an existing planning
scheme under repealed IPA, section 6.1.45A were
a reference to the adopted DCP; and
(b)
87
with necessary changes.
Covenants not to conflict with planning scheme
Subject to section 349, a covenant under the Land Act 1994,
section 373A(4) or the Land Title Act 1994, section 97A(3)(a)
or (b) is of no effect to the extent it conflicts with a planning
scheme—
(a)
for the land subject to the covenant; and
(b)
in effect when the document creating the covenant is
registered.
Division 3
88
Key elements of planning scheme
(1)
Page 90
Key concepts for planning schemes
A local government and the Minister must be satisfied the
local government’s planning scheme—
(a)
appropriately reflects the standard planning scheme
provisions; and
(b)
identifies the strategic outcomes for the planning
scheme area; and
(c)
includes measures that facilitate achieving the strategic
outcomes; and
(d)
coordinates and integrates the matters, including the
core matters, dealt with by the planning scheme,
including any State and regional dimensions of the
matters.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 89]
Note—
State and regional dimensions of matters are explained in section
90.
(2)
89
Measures facilitating achievement of the strategic outcomes
include the identification of relevant—
(a)
self-assessable development; and
(b)
development requiring compliance assessment; and
(c)
assessable development requiring code or impact
assessment, or both code and impact assessment; and
(d)
prohibited development, but only if the standard
planning scheme provisions state the development may
be prohibited development.
Core matters for planning scheme
(1)
(2)
Each of the following are core matters for the preparation of a
planning scheme—
(a)
land use and development;
(b)
infrastructure;
(c)
valuable features.
In this section—
infrastructure includes the extent and location of proposed
infrastructure, having regard to existing infrastructure
networks, and their capacities and thresholds for
augmentation.
land use and development includes each of the following—
(a)
the location of, and the relationships between, various
land uses;
(b)
the effects of land use and development;
(c)
how mobility between places is facilitated;
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 90]
(d)
accessibility to areas;
(e)
development constraints, including, but not limited to,
population and demographic impacts.
valuable features includes each of the following, whether
terrestrial or aquatic—
90
Page 92
(a)
resources or areas that are of ecological significance,
including, for example, habitats, wildlife corridors,
buffer zones, places supporting biological diversity or
resilience, and features contributing to the quality of air,
water (including catchments or recharge areas) and soil;
(b)
areas contributing significantly to amenity, including,
for example, areas of high scenic value, physical
features that form significant visual backdrops or that
frame or define places or localities, and attractive built
environments;
(c)
areas or places of cultural heritage significance,
including, for example, areas or places of indigenous
cultural significance, or aesthetic, architectural,
historical,
scientific,
social
or
technological
significance, to the present generation or past or future
generations;
(d)
resources or areas of economic value, including, for
example, extractive deposits, fishery resources, forestry
resources, water resources, sources of renewable and
non-renewable energy and good quality agricultural
land.
State, regional and local dimensions of planning scheme
matters
(1)
A matter, including a core matter, in a planning scheme may
have local, regional or State dimensions.
(2)
A local dimension of a planning scheme matter is a dimension
that is within the jurisdiction of local government but is not a
regional or State dimension.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 91]
(3)
(4)
A regional dimension of a planning scheme matter is a
dimension—
(a)
about which a regional planning committee report
makes a recommendation; or
(b)
reflected in a regional plan; or
(c)
that can best be dealt with by the cooperation of 2 or
more local governments.
A State dimension of a planning scheme matter, including a
matter reflected in a State planning policy, is a dimension of a
State interest.
Division 4
Provisions about reviewing
planning schemes generally
Subdivision 1
Reviewing planning schemes
91
Local government must review planning scheme every 10
years
(1)
(2)
92
Each local government must complete a review of its planning
scheme—
(a)
within 10 years after the planning scheme was originally
made; or
(b)
if a review of the planning scheme has been previously
completed—within 10 years after the completion of the
last review.
The review must include an assessment of the achievement of
the strategic outcomes stated in the planning scheme.
Action local government may take after review
After reviewing its planning scheme, the local government
must, by resolution—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 93]
93
(a)
propose to prepare a new scheme; or
(b)
propose to amend the scheme; or
(c)
if the local government is satisfied the scheme is
suitable to continue without amendment—decide to take
no further action.
Report about review if decision is to take no action
If a local government decides to take no further action under
section 92(c), the local government must—
94
prepare a report stating the reasons why the local
government decided to take no further action; and
(b)
give a copy of the report to the chief executive.
Notice about report to be published
(1)
(2)
Page 94
(a)
After preparing the report mentioned in section 93, the local
government must publish, in a newspaper circulating
generally in the local government’s area, a notice stating the
following—
(a)
the name of the local government;
(b)
that the local government has prepared a report stating
the reasons why the local government decided to take no
further action under section 92(c);
(c)
that the report is available for inspection and purchase;
(d)
a contact telephone number for information about the
report;
(e)
the period (the inspection period), of at least 40
business days, during which the report is available for
inspection and purchase.
For all of the inspection period the local government must
display a copy of the notice in a conspicuous place in the local
government’s public office.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 94A]
Subdivision 2
94A
Requirement to review LGIP
(1)
(2)
(3)
Each local government must complete a review of any LGIP
included in its planning scheme (an LGIP review) within—
(a)
5 years after the LGIP was included in the planning
scheme; and
(b)
each subsequent 5-year period after completing the
review under paragraph (a).
In conducting an LGIP review, the local government must
follow the process stated in a guideline—
(a)
made by the Minister; and
(b)
prescribed by regulation.
An LGIP review is not a review for the purposes of a review
under subdivision 1.
Division 5
95
LGIP review
Application of superseded planning
schemes
Request for application of superseded planning scheme
(1)
A person may, by written notice given to a local government,
ask the local government—
(a)
to apply a superseded planning scheme to the carrying
out of assessable development, prohibited development
or development requiring compliance assessment that
was, under the superseded planning scheme, exempt
development or self-assessable development; or
(b)
to assess and decide a proposed development
application under a superseded planning scheme; or
(c)
to—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 95]
(i)
accept a development application for development
that is prohibited development under the planning
scheme and was assessable development under a
superseded planning scheme; and
(ii) assess and decide the application under the
superseded planning scheme; or
(d)
to assess and decide a request for compliance
assessment under a superseded planning scheme; or
(e)
to—
(i)
accept a request for compliance assessment of
development that is assessable development or
prohibited development, and was development
requiring compliance assessment under a
superseded planning scheme; and
(ii) assess and decide the request under the superseded
planning scheme.
(2)
(3)
(4)
Page 96
However, the notice may be given to the local government
only within 1 year after the day—
(a)
the planning scheme or planning scheme policy creating
the superseded planning scheme took effect; or
(b)
the amendment of a planning scheme or planning
scheme policy creating the superseded planning scheme
took effect.
The notice must—
(a)
be in the approved form; and
(b)
be accompanied by the fee fixed by resolution of the
local government; and
(c)
contain a description of the proposed development or be
accompanied by a copy of the proposed development
application or request for compliance assessment.
The local government must keep the notice available for
inspection and purchase from when the local government
receives it until the request is decided under this division.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 96]
96
97
Decision on request
(1)
The local government must decide to agree to the request, or
refuse the request, within 30 business days after receiving it
(the request period).
(2)
However, the local government may, by written notice given
to the person making the request and without the person’s
agreement, extend the request period by not more than 10
business days.
(3)
Only 1 notice may be given under subsection (2), and it must
be given before the request period ends.
(4)
However, the request period may be further extended if the
person making the request gives written agreement to the
extension before the period ends.
(5)
The local government is taken to have decided to agree to the
request if the local government does not decide the request
within the latest of the following periods to end—
(a)
the request period;
(b)
if the request period is extended under subsections (2)
and (3)—the extended period;
(c)
if the request period is further extended under
subsection (4)—the further extended period.
Notice of decision
The local government must give the person making the
request written notice of the local government’s decision
within 5 business days after making the decision.
98
When development under superseded planning scheme
must start
(1)
If the local government agrees or is taken to have agreed to a
request made under section 95(1)(a), the superseded planning
scheme applies for carrying out the development if—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 99]
99
for development that is a material change of use—the
first change of use started within 4 years after the person
is given, or was entitled to be given, notice of the
decision under this division; or
(b)
for development that is reconfiguring a lot—a plan for
the reconfiguration is given to the local government
within 2 years after the person is given, or was entitled
to be given, notice of the decision under this division; or
(c)
for
other
development—the
development
is
substantially started within 2 years after the person is
given, or was entitled to be given, notice of the decision
under this division.
(2)
A person may, by written notice given to the local government
before the end of the period stated in subsection (1) for the
development, ask the local government to extend the period.
(3)
A request under subsection (2)—
(a)
must be accompanied by the fee fixed by resolution of
the local government; and
(b)
if the local government has a form for the request—must
be in that form; and
(c)
may not be withdrawn.
(4)
The local government must give the person written notice of
the local government’s decision within 30 business days after
receiving the request.
(5)
If a person makes a request under subsection (2), the period
stated in subsection (1) for the development does not end until
the local government gives the person notice of its decision.
When development application (superseded planning
scheme) can be made
(1)
Page 98
(a)
If the local government agrees or is taken to have agreed to a
request made under section 95(1)(b) or (c), a development
application (superseded planning scheme) for the
development may be made to the assessment manager.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 2 Planning schemes
[s 100]
100
(2)
However, the development application (superseded planning
scheme) must be made within 6 months after the day the
person is given, or was entitled to be given, notice of the
decision.
(3)
Despite section 239, a development application can be made
for development that is prohibited development under a
planning scheme if—
(a)
the local government agrees or is taken to have agreed to
assess and decide the development application under a
superseded planning scheme; and
(b)
the development was not prohibited development under
the superseded planning scheme.
When request for compliance assessment under a
superseded planning scheme can be made
(1)
If the local government agrees or is taken to have agreed to a
request made under section 95(1)(d) or (e), a request for
compliance assessment of the development under the
superseded planning scheme may be made to the assessment
manager.
(2)
However, the request must be made within 6 months after the
day the person is given, or was entitled to be given, notice of
the decision.
(3)
Despite section 239, a request for compliance assessment can
be made for development that is prohibited development
under a planning scheme if—
(a)
the local government agrees or is taken to have agreed to
assess and decide the request under a superseded
planning scheme; and
(b)
the development was not prohibited development under
the superseded planning scheme.
Current as at 19 December 2014
Page 99
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 3 Temporary local planning instruments
[s 101]
Part 3
Temporary local planning
instruments
Division 1
Preliminary
101
What is a temporary local planning instrument
A temporary local planning instrument is an instrument
that—
102
(a)
is made by a local government under division 2 and part
5; and
(b)
advances the purpose of this Act by protecting a
planning scheme area from adverse impacts.
Status of temporary local planning instrument
A temporary local planning instrument is a statutory
instrument under the Statutory Instruments Act 1992 and has
the force of law as provided for under this Act.
103
Area to which temporary local planning instrument
applies
A temporary local planning instrument may apply to all or
only part of a planning scheme area.
104
Relationship with planning scheme
A temporary local planning instrument may suspend or
otherwise affect the operation of a planning scheme for up to
1 year, but—
Page 100
(a)
does not amend a planning scheme; and
(b)
is not a change to a planning scheme under section 703.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 3 Temporary local planning instruments
[s 105]
Note—
For the relationship between temporary local planning instruments and
State planning instruments, see sections 19 (Relationship with other
instruments), 25 (Relationship with local planning instruments), 36
(Relationship with other instruments) and 53 (Relationship with local
planning instruments).
Division 2
105
General matters about temporary
local planning instruments
Power to make temporary local planning instrument
A local government may make a temporary local planning
instrument for all or part of its planning scheme area only if
the Minister is satisfied—
106
(a)
there is a significant risk of serious environmental harm,
or serious adverse cultural, economic or social
conditions happening in the planning scheme area; and
(b)
the delay involved in using the process stated in the
guideline mentioned in section 117(1) to amend the
planning scheme would increase the risk; and
(c)
State interests would not be adversely affected by the
proposed temporary local planning instrument; and
(d)
the proposed temporary local planning instrument
appropriately reflects the standard planning scheme
provisions.
Content of temporary local planning instrument
(1)
A temporary local planning instrument may—
(a)
declare development to be—
(i)
self-assessable development; or
(ii) development requiring compliance assessment; or
(iii) assessable development; and
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 4 Planning scheme policies
[s 107]
(2)
107
(b)
require impact or code assessment, or both impact and
code assessment, for assessable development; and
(c)
state that development is prohibited development, but
only if the standard planning scheme provisions state the
development may be prohibited development.
This section does not limit the matters that may be included in
a temporary local planning instrument.
Temporary local planning instrument may adopt planning
scheme policy
(1)
The only document made by a local government that a
temporary local planning instrument of the local government
may, under the Statutory Instruments Act 1992, section 23,
apply, adopt or incorporate is a planning scheme policy.
(2)
In this section—
document does not include the following—
(a)
a development approval;
(b)
an approval for an application mentioned in repealed
IPA, section 6.1.26.
Part 4
Planning scheme policies
Division 1
Preliminary
108
What is a planning scheme policy
A planning scheme policy is an instrument that—
Page 102
(a)
is made by a local government under division 2 and part
5; and
(b)
supports the local dimension of a planning scheme; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 4 Planning scheme policies
[s 109]
(c)
109
supports local government actions under this Act for
IDAS and for making or amending its planning scheme.
Status of planning scheme policy
A planning scheme policy is a statutory instrument under the
Statutory Instruments Act 1992 and has the force of law as
provided for under this Act.
110
Effect of planning scheme policy
A planning scheme policy for a planning scheme area—
111
(a)
becomes a policy for the area; and
(b)
if the policy states that it replaces an existing
policy—replaces the existing policy.
Area to which planning scheme policy applies
A planning scheme policy may apply to all or only part of a
planning scheme area.
112
Relationship with other planning instruments
To the extent a planning scheme policy is inconsistent with
another planning instrument, the other planning instrument
prevails.
Division 2
113
General matters about planning
scheme policies
Power to make planning scheme policy
A local government may make a planning scheme policy for
all or a part of its planning scheme area.
Current as at 19 December 2014
Page 103
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 4 Planning scheme policies
[s 114]
114
Content of planning scheme policy
(1)
(2)
115
A planning scheme policy may only do 1 or more of the
following—
(a)
state information a local government may request for a
development application;
(b)
state the consultation the local government may carry
out under section 256;
(c)
state actions a local government may take to support the
process for making or amending its planning scheme;
(d)
contain standards identified in a code;
(e)
include guidelines or advice about satisfying assessment
criteria in the planning scheme.
Subsection (1) applies despite section 109.
Planning scheme policy can not adopt particular
documents
(1)
A planning scheme policy must not apply, adopt or
incorporate another document made by the local government.
(2)
In this section—
document does not include the following—
Page 104
(a)
a development approval;
(b)
an approval for an application mentioned in repealed
IPA, section 6.1.26.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 117]
Part 5
Making, amending or repealing
local planning instruments
Division 1
Making or amending local planning
instruments
117
Process for preparing, making or amending local
planning instruments
(1)
(2)
(3)
118
For making or amending a planning scheme or planning
scheme policy, a local government must follow the process
stated in a guideline—
(a)
made by the Minister; and
(b)
prescribed under a regulation.
Without limiting the application of subsection (1) in relation
to an LGIP, an LGIP or an amendment of an LGIP must be
prepared as required under a guideline—
(a)
made by the Minister; and
(b)
prescribed by regulation.
For making a temporary local planning instrument, a local
government must follow the process stated in a guideline—
(a)
made by the Minister; and
(b)
prescribed under a regulation.
Content of guideline for making or amending local
planning instrument
(1)
The guideline mentioned in section 117(1) must make
provision for—
(a)
the local government to publish at least once in a
newspaper circulating in the local government’s area,
notice about a proposal to make—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 118]
(i)
a planning scheme; or
(ii) a planning scheme policy; and
(b)
the local government to carry out public consultation
about a proposal mentioned in paragraph (a) for a period
(the consultation period) of at least—
(i)
for a proposed planning scheme—30 business
days; and
(ii) for a proposed planning scheme policy—20
business days; and
(c)
if public consultation about a proposal mentioned in
paragraph (a) must be carried out—
(i)
the local government to have available for
inspection and purchase during all of the
consultation period a copy of the proposed
planning scheme or planning scheme policy; and
(ii) members of the public to make submissions to the
local government about the proposed planning
scheme or planning scheme policy; and
(iii) the local government to consider all properly made
submissions about the proposed planning scheme
or planning scheme policy; and
(iv) the local government to advise persons who make
a properly made submission about how the local
government has dealt with the submission; and
(v) the local government to give the Minister a notice
containing a summary of matters raised in the
properly made submissions and stating how the
local government dealt with the matters; and
Page 106
(d)
any proposed planning scheme to be approved by the
Minister; and
(e)
the making of a proposed planning scheme, or
amendment of a planning scheme, to be notified in the
gazette; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 119]
(f)
(2)
119
the making of a proposed planning scheme policy, or
amendment of a planning scheme policy, to be notified
in a newspaper circulating generally in the local
government’s area.
The guideline mentioned in section 117(2) must make
provision for—
(a)
any proposed temporary local planning instrument to be
approved by the Minister; and
(b)
the making of a proposed temporary local planning
instrument to be notified in the gazette.
Compliance with guideline
(1)
(2)
Despite section 117(1), if a planning scheme or planning
scheme policy is made or amended in substantial compliance
with the process stated in the guideline mentioned in the
subsection, the planning scheme, planning scheme policy or
amendment is valid so long as any noncompliance has not—
(a)
adversely affected the awareness of the public of the
existence and nature of the proposed planning scheme,
planning scheme policy or amendment; or
(b)
restricted the opportunity of the public to make properly
made submissions about the proposed planning scheme,
planning scheme policy or amendment under the
guideline; or
(c)
for a planning scheme or amendment of a planning
scheme—restricted the opportunity of the Minister to
consider whether State interests would be adversely
affected.
Despite section 117(2), if a temporary local planning
instrument is made in substantial compliance with the process
stated in the guideline mentioned in the subsection, the
instrument is valid.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 120]
120
When planning scheme, temporary local planning
instrument and amendments have effect
(1)
(2)
(3)
A planning scheme or temporary local planning instrument
for a planning scheme area has effect on and from—
(a)
the day the making of the planning scheme or temporary
local planning instrument is notified in the gazette; or
(b)
if a later day for the commencement of the planning
scheme or temporary local planning instrument is stated
in the planning scheme or instrument—the later day.
If a planning scheme is amended, the amendment has effect
on and from—
(a)
the day the making of the amendment is notified in the
gazette; or
(b)
if a later day for the commencement of the amendment
is stated in the amendment—the later day.
A temporary local planning instrument has effect until the
instrument expires or is repealed.
Note—
For when particular provisions of a planning scheme have no effect for
development in the SEQ region, see the SEQ Water Act, section 78A.
121
When planning scheme policy and amendments have
effect
A planning scheme policy or amendment of a planning
scheme policy for a planning scheme area has effect on and
from—
Page 108
(a)
the day the making of the policy or amendment is first
notified in a newspaper circulating generally in the local
government’s area; or
(b)
if a later day for the commencement of the policy or
amendment is stated in the policy or amendment—the
later day.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 122]
122
Consolidating planning schemes
(1)
A local government may prepare and adopt a consolidated
planning scheme.
(2)
The guideline mentioned in section 117(1) does not apply to
the preparation or adoption of the consolidated planning
scheme.
(3)
The consolidated planning scheme is, in the absence of
evidence to the contrary, taken to be the local government’s
planning scheme on and from the day the consolidated
planning scheme is adopted by the local government.
(4)
As soon as practicable after the local government adopts the
consolidated planning scheme, the local government must
give the chief executive a certified copy of the consolidated
planning scheme.
Division 3
123
Repealing local planning
instruments
Repealing temporary local planning instruments
(1)
(2)
A temporary local planning instrument may be repealed by—
(a)
a resolution of a local government; or
(b)
the adoption of a planning scheme or an amendment of a
planning scheme that specifically repeals the
instrument.
However, a local government must have the Minister’s
written approval to make a resolution under subsection (1)(a)
if the temporary local planning instrument—
(a)
was made by the local government under the direction
of the Minister under section 126; or
(b)
was made by the Minister under section 128 after the
local government did not comply with a direction of the
Minister under section 126; or
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 5 Making, amending or repealing local planning instruments
[s 124]
(c)
(3)
was made by the Minister under section 129.
The local government must publish, in a newspaper
circulating generally in the local government’s area and in the
gazette, a notice stating the following—
(a)
the name of the local government;
(b)
the name of the temporary local planning instrument
being repealed;
(c)
the day the resolution was made;
(d)
the purpose and general effect of the resolution.
(4)
On the day the notice is published in the gazette, or as soon as
practicable after the day, the local government must give the
chief executive a copy of the notice.
(5)
The repeal takes effect—
124
(a)
if the resolution is made under subsection (1)(a)—on the
day the resolution is notified in the gazette; or
(b)
if the temporary local planning instrument is repealed
by the making of a planning scheme or an amendment
of a planning scheme—on the day the planning scheme
or amendment takes effect.
Repealing planning scheme policies
(1)
A local government may, by resolution, repeal a planning
scheme policy, other than a planning scheme policy that is
replaced by another planning scheme policy.
(2)
If a local government makes a resolution under subsection (1),
the local government must give the Minister a copy of the
resolution.
(3)
The local government must publish, in a newspaper
circulating generally in the local government’s area, a notice
stating the following—
Page 110
(a)
the name of the local government;
(b)
the name of the planning scheme policy being repealed;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 6 Powers of State in relation to local planning instruments
[s 125]
(c)
the day the resolution was made.
(4)
On the day the notice is published, or as soon as practicable
after the notice is published, the local government must give
the chief executive a copy of the notice.
(5)
The repeal takes effect—
(6)
(a)
on the day the notice is first published in the newspaper;
or
(b)
if the notice states a later day—on the later day.
Also, if a new planning scheme, other than an amendment of a
planning scheme, is made for a planning scheme area, all
existing planning scheme policies for the area are repealed on
the day the planning scheme takes effect.
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
(1)
Before a power is exercised under section 126 or 127, the
Minister must give written notice of the proposed exercise of
the power to the local government to be affected by the
exercise of the power.
(2)
However, notice need not be given if the power is proposed to
be exercised at the local government’s request.
(3)
The notice must state—
(a)
the reasons for the proposed exercise of the power; and
Current as at 19 December 2014
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Chapter 3 Local planning instruments
Part 6 Powers of State in relation to local planning instruments
[s 126]
(b)
(4)
(5)
126
a period within which the local government may make
submissions to the Minister about the proposed exercise
of the power.
The Minister must consider any submissions made under
subsection (3) and advise the local government that the
Minister has decided—
(a)
not to exercise the power; or
(b)
to exercise the power.
If the Minister decides to exercise the power, the Minister
must advise the local government the reasons for deciding to
exercise the power.
Power of Minister to direct local government to take
particular action about local planning instrument
(1)
(2)
This section applies if the Minister is satisfied it is necessary
to give a direction to a local government—
(a)
to protect or give effect to a State interest; or
(b)
to ensure a local planning instrument, proposed local
planning instrument or proposed amendment of a local
planning instrument appropriately reflects the standard
planning scheme provisions.
The Minister may direct the local government to take an
action in relation to—
(a)
a local planning instrument; or
(b)
a proposed local planning instrument; or
(c)
a proposed amendment of a local planning instrument.
(3)
The direction may be as general or specific as the Minister
considers appropriate and must state the reasonable period
within which the local government must comply with the
direction.
(4)
Without limiting subsection (2), the direction may require the
local government to—
Page 112
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 6 Powers of State in relation to local planning instruments
[s 127]
127
(a)
review its planning scheme; or
(b)
make a planning scheme or amend its planning scheme;
or
(c)
make or repeal a temporary local planning instrument;
or
(d)
make, amend or repeal a planning scheme policy.
Power of Minister to direct local government to prepare a
consolidated planning scheme
The Minister may direct a local government to prepare a
consolidated planning scheme.
128
Power of Minister if local government does not comply
with direction
(1)
If the local government does not comply with the Minister’s
direction under section 126 or 127 within the reasonable
period stated in the direction, the Minister may take the action
the Minister directed the local government to take.
(2)
Anything done by the Minister under subsection (1) is taken
to have been done by the local government and has the same
effect as it would have had if the local government had done
it.
(3)
An expense reasonably incurred by the Minister in taking an
action under subsection (1) may be recovered from the local
government as a debt owing to the State.
Current as at 19 December 2014
Page 113
Sustainable Planning Act 2009
Chapter 3 Local planning instruments
Part 6 Powers of State in relation to local planning instruments
[s 129]
Division 2
129
Making or amending local planning
instrument without direction
Power of Minister to take action about local planning
instrument without direction to local government
(1)
Subsection (2) applies if the Minister is satisfied urgent action
is necessary to protect or give effect to a State interest.
(2)
The Minister may make or amend a local planning instrument
without giving a direction under section 126 to the local
government about the making or amendment of the local
planning instrument.
(3)
Subsection (4) applies if the Minister is satisfied a local
planning instrument does not appropriately reflect the
standard planning scheme provisions.
(4)
The Minister may amend the local planning instrument
without giving a direction under section 126 to the local
government about the amendment of the instrument.
(5)
Before acting under subsection (2) or (4), the Minister must
give written notice of the proposed action to the local
government to be affected by the action.
(6)
The notice must state the reasons for taking the action.
(7)
To remove any doubt, it is declared that the Minister is not
required to consult with anyone before taking the action.
(8)
Anything done by the Minister under this section is taken to
have been done by the local government and has the same
effect as it would have had if the local government had done
it.
(9)
An expense reasonably incurred by the Minister in taking an
action under this section may be recovered from the local
government as a debt owing to the State.
Page 114
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 1 Preliminary
[s 130]
Note—
The regional planning Minister may amend a planning scheme to reflect
a regional plan. See section 39 (Amending planning schemes to reflect
regional plan).
Division 3
130
Process for dealing with local
planning instruments under part 6
Process for Minister to take action under pt 6
(1)
(2)
A guideline mentioned in section 117 must state a process for
the Minister—
(a)
to take the action the Minister directed the local
government to take under division 1; and
(b)
to make or amend a local planning instrument under
division 2.
In taking the action, or making or amending the local planning
instrument, the Minister must follow the stated process.
Chapter 5
Designation of land for
community infrastructure
Part 1
Preliminary
200
Who may designate land
A Minister or a local government may, under this chapter,
designate land for community infrastructure prescribed under
a regulation for this section.
Current as at 19 December 2014
Page 115
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 1 Preliminary
[s 201]
Note—
In this chapter, Minister includes any Minister. See definition Minister
in schedule 3 (Dictionary).
201
Matters to be considered when designating land
Land may be designated for community infrastructure only if
the Minister or local government is satisfied the community
infrastructure will—
202
(a)
facilitate the implementation of legislation and policies
about environmental protection or ecological
sustainability; or
(b)
facilitate the efficient allocation of resources; or
(c)
satisfy
statutory
requirements
or
budgetary
commitments of the State or local government for the
supply of community infrastructure; or
(d)
satisfy the community’s expectations for the efficient
and timely supply of the infrastructure.
What designations may include
A designation may include—
Page 116
(a)
requirements about works or the use of the land for the
community infrastructure, including the height, shape,
bulk or location of the works on the land, vehicular
access to the land, vehicular and pedestrian circulation
on the land, hours of operation of the use, landscaping
on the land and ancillary uses of the land; and
(b)
other requirements designed to lessen the impacts of the
works or the use of the land for community
infrastructure, including procedures for environmental
management.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 1 Preliminary
[s 203]
203
How IDAS applies to designated land
Development under a designation is exempt development, to
the extent the development is either, or both, of the
following—
204
205
(a)
self-assessable development, development requiring
compliance assessment or assessable development
under a planning scheme;
(b)
reconfiguring a lot.
Relationship of designation to State Development and
Public Works Organisation Act 1971
(1)
Subsection (2) applies if land in a declared State development
area under the State Development and Public Works
Organisation Act 1971 is designated under this part.
(2)
Despite part 6, division 1 of that Act, development of the land
in accordance with the designation—
(a)
is taken to be development of the land in accordance
with the approved development scheme for the land
under that Act; and
(b)
does not contravene section 84A or 84B of that Act.
How infrastructure charges apply to designated land
If a public sector entity that is a department or part of a
department proposes or starts development under a
designation, the entity is not required to pay any adopted
charge for the development.
206
How designations must be shown in planning schemes
(1)
If a local government designates land, or notes a designation
of land by the Minister on its planning scheme, the
designation or note must—
(a)
identify the land; and
Current as at 19 December 2014
Page 117
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 2 Ministerial designations
[s 207]
(2)
(b)
state the type of community infrastructure for which the
land was designated; and
(c)
state the day the designation was made; and
(d)
refer to any matters included as part of the designation
under section 202; and
(e)
be shown in the planning scheme in a way that other
provisions in the planning scheme applying to the land
remain effective even if the designation is repealed or
ceases to have effect.
To remove any doubt, it is declared that—
(a)
a designation is part of a planning scheme; and
(b)
designation is not the only way community
infrastructure may be identified in a planning scheme;
and
(c)
the provisions of a planning scheme, other than the
provision that designates land, applying to designated
land remain effective even if the designation is repealed
or ceases to have effect.
Part 2
207
Ministerial designations
Matters the Minister must consider before designating
land
(1)
Page 118
Before designating land, the Minister must be satisfied that,
for the development the subject of the proposed designation—
(a)
adequate environmental assessment has been carried
out; and
(b)
in carrying out environmental assessment under
paragraph (a), there was adequate public consultation;
and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 2 Ministerial designations
[s 207]
(2)
(3)
(c)
adequate account has been taken of issues raised during
the public consultation; and
(d)
for land to which section 204 applies—adequate
account has been taken of the approved development
scheme mentioned in that section.
The Minister must also consider—
(a)
every properly made submission under subsection (4);
and
(b)
for land to which a State planning regulatory provision
applies—the provision; and
(c)
for land in a designated region—the region’s regional
plan; and
(d)
each relevant State planning policy; and
(e)
each relevant local planning instrument.
For subsection (1), there has been adequate environmental
assessment and public consultation in carrying out
environmental assessment if—
(a)
the assessment and consultation has been carried out as
required by guidelines made by the chief executive
under section 760 for assessing the impacts of the
development; or
(b)
the processes under chapter 6, part 4 and part 5, division
2, have been completed for a development application
for the community infrastructure to which the
designation relates; or
(c)
the process under chapter 9, part 2, division 2, has been
completed for an EIS for development for the
community infrastructure; or
(d)
public notification has been carried out for a planning
scheme, or an amendment of a planning scheme, that
includes the community infrastructure, under the
guideline mentioned in section 117(1); or
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 2 Ministerial designations
[s 208]
(e)
the Coordinator-General has, under the State
Development and Public Works Organisation Act
1971—
(i)
prepared a report under section 34D of that Act
evaluating an EIS for, or including, development
for the community infrastructure; or
(ii) prepared a report under section 34L of that Act
evaluating an IAR for, or including, development
for the community infrastructure and a draft of the
IAR was publicly notified under section 34H or
34K(3) of that Act; or
(f)
(4)
(5)
208
the process under the Environmental Protection Act,
chapter 3, part 1 has been completed for an EIS for
development for the community infrastructure.
However, if written notice of the proposed designation has not
been given to each of the following entities about an action
mentioned in subsection (3), the Minister must give written
notice of the proposed designation to the entities inviting
submissions about the proposed designation—
(a)
the owner of any land to which the proposed designation
applies;
(b)
each local government the Minister is satisfied the
designation affects.
A notice given under subsection (4) must give the entities at
least 15 business days to make a submission.
Procedures after designation
(1)
Page 120
If the Minister designates land, the Minister must give a notice
to—
(a)
each owner of the land; and
(b)
each local government the Minister is satisfied the
designation affects; and
(c)
the chief executive.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 2 Ministerial designations
[s 209]
(2)
(3)
209
The notice must state each of the following—
(a)
that the designation has been made;
(b)
the description of the land;
(c)
the type of community infrastructure for which the land
has been designated;
(d)
any matters mentioned in section 202 and included as
part of the designation.
The Minister must also publish a gazette notice stating the
matters mentioned in subsection (2)(a) to (c).
Procedures if designation does not proceed
If the Minister decides not to proceed with a proposed
designation, the Minister must give a notice, stating that the
designation will not proceed, to the persons mentioned in
section 208(1)(a) and (b).
210
Effects of ministerial designations
A designation made under this part—
(a)
if the designation states that it replaces an existing
designation—replaces the existing designation; and
(b)
has effect on and from—
(i)
the day the designation is notified in the gazette; or
(ii) if a later day for the commencement of the
designation is stated in the notice—the later day.
211
When local government must include designation in
planning scheme
(1)
If a local government receives a notice from a Minister stating
that the Minister has made a designation in or near its
planning scheme area, the local government must note the
designation on—
Current as at 19 December 2014
Page 121
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 3 Local government designations
[s 212]
(2)
(a)
its planning scheme (if any); and
(b)
any new planning scheme it makes before the
designation ceases to have effect.
The note is not an amendment of the planning scheme.
Part 3
212
Local government designations
Designation of land by local government
(1)
A local government may only designate land by using the
process stated in the guideline mentioned in section 117(1) to
include the designation as a substantive provision of its
planning scheme.
(2)
Subsection (1) applies whether or not the local government
owns the land.
(3)
However, land identified in an LGIP as land for community
infrastructure is not designated land unless it is also
specifically identified as designated land.
213
Designating land the local government does not own
(1)
This section applies if the local government proposes to
designate land it does not own.
(2)
Before the start of the consultation period for making or
amending a planning scheme intended to include the
designation, the local government must give written notice of
the proposed designation to the owner of the land.
(3)
The notice must state the following—
Page 122
(a)
the description of the land proposed to be designated,
including a plan of the land;
(b)
the type of community infrastructure for which the
designation is proposed;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 4 Duration and reconfirmation of designations
[s 214]
(c)
the reasons for the designation;
(d)
that written submissions about any aspect of the
proposed designation may be given to the local
government during the consultation period.
Part 4
214
Duration of designations
(1)
(2)
215
Duration and reconfirmation of
designations
A designation ceases to have effect—
(a)
if the designation is made by a Minister—6 years after
notice of the designation was published in the gazette
(the designation cessation day); or
(b)
if the designation is made by a local government—6
years after the planning scheme or amendment that
incorporated the designation took effect (also the
designation cessation day).
If, after designating land but before the designation cessation
day, a local government makes a new planning scheme and
includes an existing designation as a substantive provision of
the new planning scheme—
(a)
the existing designation continues to have effect until its
designation cessation day under subsection (1); and
(b)
section 213 does not apply to remaking the designation
in the new planning scheme.
When designations do not cease
(1)
A designation does not cease to have effect on the designation
cessation day if—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 4 Duration and reconfirmation of designations
[s 216]
(a)
on the designation cessation day, an entity other than a
public sector entity or the local government owns, or has
a public utility easement over, the designated land and
construction of community infrastructure started before
the designation cessation day; or
(b)
on the designation cessation day, a public sector entity
or the local government owns, or has a public utility
easement, for the same purpose as the designation, over,
the designated land; or
(c)
before the designation cessation day, a public sector
entity or the local government gave a notice of intention
to resume the designated land under the Acquisition
Act, section 7; or
(d)
before the designation cessation day, a public sector
entity or the local government signed an agreement to
take under the Acquisition Act or to otherwise buy the
designated land; or
(e)
for a designation made by the Minister—before the
designation cessation day, the Minister gave the local
government written notice reconfirming the designation.
(2)
However, if a public sector entity or a local government
discontinues proceedings to resume designated land, whether
before or after the designation cessation day, the designation
ceases to have effect the day the proceedings are
discontinued.
(3)
To remove any doubt, it is declared that a designation of land
or any notice given to an owner about a designation of land
does not constitute a notice of intention to resume under the
Acquisition Act, section 7.
216
Reconfirming designation
(1)
Page 124
If the Minister gives a local government written notice under
section 215(1)(e) reconfirming a designation—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 5 Repealing designations
[s 217]
(a)
the local government must display the notice in a
conspicuous place in the local government’s public
office; and
(b)
the Minister must—
(i)
give the owner of the land a copy of the notice; and
(ii) publish the notice in the gazette; and
(c)
(2)
218
When a local government receives a notice from the Minister
reconfirming a designation in or near its planning scheme
area, the local government must again note the designation
on—
(a)
its planning scheme (if any); and
(b)
any new planning scheme it makes before the
designation ceases to have effect.
(3)
The note is not an amendment of the planning scheme.
(4)
A reconfirmation of a designation is taken to be a designation
to which sections 214 and 215 apply.
Part 5
217
the designation has effect for another 6 years after the
notice is published in the gazette.
Repealing designations
Who may repeal designations
(1)
A Minister may repeal a designation made by the Minister.
(2)
A local government may repeal a designation made by the
local government.
Notice of repeal
(1)
The repeal of a designation must be made by publishing a
notice of repeal of the designation—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 5 Repealing designations
[s 219]
(2)
219
(a)
in the gazette; and
(b)
in a newspaper circulating generally in the area where
the designated land is situated.
The notice must state the following—
(a)
that the designation has been repealed;
(b)
the description of the land to which the designation
applied;
(c)
the purpose of the community infrastructure for which
the land was designated;
(d)
the reasons for the decision.
Minister or local government to give notice of repeal to
particular entities
(1)
(2)
220
If the repeal is made by a Minister, the Minister must give a
copy of the notice to—
(a)
each local government to which a notice about the
making of the designation was given; and
(b)
if the land is owned by an entity other than the State or
the local government—the owner; and
(c)
the chief executive.
If the repeal is made by a local government and the land is
owned by an entity other than the local government, the local
government must give a copy of the notice to the owner.
When designation ceases to have effect
The designation ceases to have effect on the day the notice is
published in the gazette.
221
Local government to note repeal on planning scheme
(1)
Page 126
If a local government repeals a designation or receives a
notice from the Minister advising that the Minister has
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 6 Acquiring designated land
[s 222]
repealed a designation, the local government must note the
repeal on its planning scheme.
(2)
The note is not an amendment of the planning scheme.
Part 6
222
Acquiring designated land
Request to acquire designated land under hardship
(1)
Subsection (3) applies if the owner of an interest in designated
land (the designated interest) is suffering hardship because of
the designation.
(2)
However, subsection (3) does not apply if—
(a)
the designated land is land—
(i)
over which there is an existing public utility
easement; or
(ii) for which a process has started under the
Acquisition Act to acquire a public utility
easement; and
(b)
(3)
the designation is for community infrastructure for
which the easement exists or is being acquired.
The owner may ask the designator to buy—
(a)
the designated interest; or
(b)
if the owner has an interest in land adjoining the
designated land and retaining the interest without the
designated interest would also cause the owner
hardship—the designated interest and the interest in the
land adjoining the designated land.
Current as at 19 December 2014
Page 127
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 6 Acquiring designated land
[s 223]
223
Decision about request
(1)
(2)
224
The designator must, within 40 business days after the request
is received, decide to—
(a)
grant the request; or
(b)
take other action under section 226; or
(c)
refuse the request.
In deciding whether or not the owner is suffering hardship, the
designator must consider each of the following—
(a)
whether the owner must sell an interest mentioned in
section 222(3)(a) or (b) without delay for personal
reasons, including to avoid loss of income, and has tried
unsuccessfully to sell the interest at a fair market value
(disregarding the designation);
(b)
whether the owner has a genuine intent to develop the
interest, but development approval has been, or is likely
to be, refused because of the designation;
(c)
the extent to which development would be viable
because of the designation if the owner exercised rights
conferred under any development approval.
Notice about grant of request
If the designator decides to grant the request, the designator
must, within 5 business days after deciding the request, give
the owner a notice stating the designator proposes to buy the
nominated interest.
225
Notice about refusal of request
If the designator decides to refuse the request, the designator
must, within 5 business days after deciding the request, give
the owner a notice stating—
Page 128
(a)
the request has been refused; and
(b)
the owner may appeal against the decision.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 6 Acquiring designated land
[s 226]
226
Alternative action designator may take
If the designator decides not to buy the nominated interest, the
designator may, instead of taking action under section 225 and
within 5 business days after deciding the request, give the
owner a notice stating that the designator proposes to—
227
(a)
exchange the nominated interest for property held by the
designator; or
(b)
repeal the designation or remove the designation from
the designated interest; or
(c)
investigate the removal of the designation from the
designated interest.
If the designator does not act under the notice
(1)
This section applies if the designator gave a notice under
section 224 or 226 and, within 40 business days after giving
the notice, the designator has not—
(a)
signed an agreement with the owner to buy the
nominated interest or to take the nominated interest
under the Acquisition Act, part 2, division 3; or
(b)
signed an agreement with the owner to exchange the
nominated interest; or
(c)
repealed the designation or removed the designation
from the designated interest.
(2)
The designator must, within 5 business days after the end of
the period mentioned in subsection (1), give the owner a
notice of intention to resume the nominated interest.
(3)
The notice given under subsection (2) is taken to be a notice
of intention to resume given under the Acquisition Act,
section 7.
(4)
However, the Acquisition Act, sections 13 and 41, do not
apply to the resumption.
Current as at 19 December 2014
Page 129
Sustainable Planning Act 2009
Chapter 5 Designation of land for community infrastructure
Part 6 Acquiring designated land
[s 228]
228
How value of interest is decided
If an interest in designated land is taken under the Acquisition
Act, the effect of the designation must be disregarded in
deciding the value of the interest taken.
Part 7
229
Delegation of Minister’s
functions
Ministers may delegate particular administrative
functions about designations
A Minister may delegate the Minister’s functions under
sections 208, 209 and 224 to 227 to—
Page 130
(a)
the chief executive or a senior executive of any
department for which the Minister has responsibility; or
(b)
the chief executive officer of a public sector entity.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 230]
Chapter 6
Integrated development
assessment system (IDAS)
Part 1
Preliminary
Division 1
Introduction
230
What is IDAS
IDAS is the system detailed in this chapter for integrating
State and local government assessment and approval
processes for development.
231
Categories of development under Act
(1)
(2)
The categories of development under this Act are as follows—
(a)
exempt development;
(b)
self-assessable development;
(c)
development requiring compliance assessment;
(d)
assessable development;
(e)
prohibited development.
Under this Act, all development is exempt development unless
it is—
(a)
self-assessable development; or
(b)
development requiring compliance assessment; or
(c)
assessable development; or
(d)
prohibited development.
Current as at 19 December 2014
Page 131
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 232]
232
Regulation may prescribe categories of development or
require code or impact assessment
(1)
A regulation may prescribe that development is—
(a)
self-assessable development; or
(b)
development requiring compliance assessment; or
(c)
assessable development.
Note—
See section 397(3) for matters a regulation under subsection (1)(b) must
state.
(2)
Also, a regulation may prescribe development that a planning
scheme, a temporary local planning instrument or a
preliminary approval to which section 242 applies can not
declare to be self-assessable development, development
requiring compliance assessment, assessable development or
prohibited development.
(3)
In addition, a regulation may require code or impact
assessment, or both code and impact assessment, for
assessable development.
Note—
Under this Act, the following also may state that development is
self-assessable development, development requiring compliance
assessment or assessable development requiring code or impact
assessment, or both code and impact assessment—
(a) a State planning regulatory provision;
(b) a temporary local planning instrument;
(c) a preliminary approval to which section 242 applies;
(d) a planning scheme.
233
Relationship between regulation and planning scheme,
temporary local planning instrument or local law
(1)
Page 132
To the extent a planning scheme or temporary local planning
instrument is inconsistent with a regulation made under
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 233]
section 232(1) or (2), the planning scheme or temporary local
planning instrument is of no effect.
(2)
However, to the extent a planning scheme or temporary local
planning instrument is inconsistent with a regulation made
under section 232(1) because the planning scheme or
temporary local planning instrument states development is
self-assessable but the regulation states the development is
assessable—
(a)
codes in the planning scheme or temporary local
planning instrument for the development are not
applicable codes; but
(b)
must be complied with.
(3)
If a regulation requires code assessment for development, a
planning scheme or temporary local planning instrument can
not require impact assessment instead of code assessment for
the aspect of development the code is about.
(4)
To the extent a planning scheme or temporary local planning
instrument is inconsistent with a regulation mentioned in
section 232(3), for assessable development, the planning
scheme or temporary local planning instrument is of no effect.
(5)
Subsections (3) and (4) apply whether the regulation was
made before or after the commencement of the planning
scheme or temporary local planning instrument.
(6)
A regulation under this or another Act may also identify a
code, or a part of a code, as a code, or a part of a code, that can
not be changed under a local planning instrument or a local
law.
(7)
To the extent a local planning instrument or a local law is
inconsistent with the scope of a code, or a part of a code,
identified in the regulation mentioned in subsection (6), the
local planning instrument or local law is of no effect.
Current as at 19 December 2014
Page 133
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 234]
234
Relationship between sch 1 and planning instruments
To the extent a planning instrument purports to provide for
any matter about development that is prohibited development
under schedule 1, the planning instrument is of no effect.
Division 2
235
Particular provisions about
categories of development
Exempt development
(1)
A development permit is not necessary for exempt
development.
(2)
Also, exempt development need not comply with planning
instruments, other than a State planning regulatory provision.
(3)
Nothing in subsection (2) stops a planning instrument, a
development approval or compliance permit affecting exempt
development if—
(a)
the development is the natural and ordinary
consequence of another aspect of development that is
self-assessable development, development requiring
compliance assessment or assessable development; and
(b)
the effect mitigates impacts of the self-assessable
development, development requiring compliance
assessment or assessable development.
Example for subsection (3)—
A development approval for a material change of use may include
conditions, including, for example, conditions about landscaping,
parking or buildings that are the natural and ordinary consequence of the
material change of use if the conditions would mitigate impacts,
including, for example, visual amenity, noise or traffic generation, of the
material change of use.
Page 134
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 236]
236
Self-assessable development
(1)
A development permit is not necessary for self-assessable
development.
(2)
However, self-assessable development must comply with
applicable codes.
Note—
It is an offence to carry out self-assessable development in contravention
of applicable codes. See section 574 (Self-assessable development must
comply with codes).
237
Development requiring compliance assessment
(1)
A development permit is not necessary for development
requiring compliance assessment.
(2)
A compliance permit is necessary for development requiring
compliance assessment.
Note—
It is an offence to carry out development requiring compliance
assessment without a compliance permit. See section 575 (Carrying out
development without compliance permit).
238
Assessable development
A development
development.
permit
is
necessary
for
assessable
Note—
It is an offence to carry out assessable development without a
development permit. See section 578 (Carrying out assessable
development without permit).
239
Prohibited development
(1)
An application or request for compliance assessment can not
be made for development if the development is prohibited
development.
Current as at 19 December 2014
Page 135
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 240]
(2)
If an application or request for compliance assessment is
made and any part of the development applied for is
prohibited development, the application or request is taken not
to have been made and IDAS does not apply to it.
Note—
It is an offence to carry out development that is prohibited development.
See section 581 (Offence to carry out prohibited development).
Division 3
Approvals for IDAS
Subdivision 1
Preliminary
240
Types of approval
The types of approval under this Act for IDAS are—
(a)
a preliminary approval; and
(b)
a development permit; and
(c)
a compliance permit; and
(d)
a compliance certificate.
Note—
See part 10 (Compliance stage) for provisions about compliance permits
and compliance certificates.
Subdivision 2
241
Preliminary approvals
Preliminary approvals
(1)
Page 136
A preliminary approval—
(a)
approves development, but does not authorise assessable
development to take place; and
(b)
approves development—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 242]
(i)
to the extent stated in the approval; and
(ii) subject to the conditions of the approval.
(2)
However, there is no requirement to get a preliminary
approval for development.
Note—
Preliminary approvals assist in the staging of approvals.
242
Preliminary approval may affect a local planning
instrument
(1)
(2)
(3)
This section applies if—
(a)
an applicant applies for a preliminary approval; and
(b)
part of the application states the way in which the
applicant seeks the approval to vary the effect of any
local planning instrument for the land.
Subsection (3) applies to the extent the application is for—
(a)
development that is a material change of use; and
(b)
the part mentioned in subsection (1)(b).
If the preliminary approval approves the material change of
use, the preliminary approval may, in addition to the things an
approval may do under part 5, do either or both of the
following for the material change of use or development
relating to the material change of use—
(a)
state that the development is—
(i)
exempt development; or
(ii) self-assessable development; or
(iii) development requiring compliance assessment; or
(iv) assessable development requiring code or impact
assessment, or both code and impact assessment;
(b)
identify or include codes for the development.
Current as at 19 December 2014
Page 137
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 242]
Note—
For other things that a preliminary approval to which this section applies
may do, see part 10 (Compliance stage).
(4)
(5)
Subsection (5) applies to the extent the application is for—
(a)
development other than a material change of use; and
(b)
the part mentioned in subsection (1)(b).
If the preliminary approval approves the development, the
preliminary approval may, in addition to the things an
approval may do under part 5, do either or both of the
following for the development—
(a)
state that the development is—
(i)
exempt development; or
(ii) self-assessable development; or
(iii) development requiring compliance assessment; or
(iv) assessable development requiring code or impact
assessment, or both code and impact assessment;
(b)
identify or include codes for the development.
(6)
To the extent the preliminary approval, by doing either or both
of the things mentioned in subsection (3) or (5), is different
from the local planning instrument, the approval prevails.
(7)
However, subsection (3) or (5) no longer applies to
development mentioned in subsection (3)(a) or (5)(a) when
the first of the following happens—
(a)
the development approved by the preliminary approval
and authorised by a later development permit or
compliance permit is completed;
(b)
the time limit for completing the development ends.
Note—
For the time limit for completing development, see section 343 (When
approval lapses if development started but not completed—preliminary
approval).
Page 138
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 243]
(8)
To the extent the preliminary approval is inconsistent with a
regulation made under section 232(1), (2) or (3), the
preliminary approval is of no effect.
Subdivision 3
243
Development permits
Development permits
A development permit authorises assessable development to
take place—
(a)
to the extent stated in the permit; and
(b)
subject to—
(i)
the conditions of the permit; and
(ii) any preliminary approval relating to the
development the permit authorises, including any
conditions of the preliminary approval.
Subdivision 4
244
Other matters about development
approvals
Development approval includes conditions
A development approval includes any conditions—
(a)
imposed by the assessment manager; and
(b)
that a concurrence agency has given in a response under
section 285 or 290, or an amended response under
section 290; and
(c)
that the Minister has directed the assessment manager to
attach to the approval under section 419; and
(d)
that under another Act must be imposed on, or that
apply to, the development approval.
Current as at 19 December 2014
Page 139
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 245]
Example for paragraph (d)—
The conditions taken to be imposed under the Building Act,
chapter 4, part 5, division 1.
245
Development approval attaches to land
(1)
(2)
A development approval—
(a)
attaches to the land the subject of the application to
which the approval relates; and
(b)
binds the owner, the owner’s successors in title and any
occupier of the land.
To remove any doubt, it is declared that subsection (1) applies
even if later development, including reconfiguring a lot, is
approved for the land or the land as reconfigured.
Division 4
Assessment managers and referral
agencies
Subdivision 1
Assessment managers
246
Who is the assessment manager
(1)
The assessment manager for an application is the entity
prescribed under a regulation as the assessment manager for
the application.
(2)
Without limiting subsection (1), the regulation may state that
the assessment manager for an application is the entity
decided by the Minister.
(3)
If, under the regulation, the assessment manager is to be
decided by the Minister, the Minister may instead require the
application to be split into 2 or more applications.
Page 140
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 247]
247
Role of assessment manager
The assessment manager for an application administers and
decides the application, but may not always assess all aspects
of development for the application.
Note—
See section 312 (When assessment manager must not assess part of an
application).
248
Jurisdiction of local government as assessment manager
for particular development
If a local government is the assessment manager for
development not completely within the local government’s
planning scheme area—
249
(a)
sections 246(1) and 247 apply despite the Local
Government Act, section 9 and the City of Brisbane Act,
section 11; and
(b)
to the extent the application is for development for
prescribed tidal work, the local government has the
jurisdiction to assess the application in addition to any
other jurisdiction it may have for assessing the
application.
When assessment manager also has jurisdiction as
concurrence agency
(1)
(2)
If an entity is the assessment manager and has 1 or more
jurisdictions as a concurrence agency, whether or not the
jurisdiction has been devolved or delegated to the entity—
(a)
the entity is not a concurrence agency; but
(b)
the entity’s jurisdiction as assessment manager includes
each jurisdiction the entity would have had as a
concurrence agency.
Despite subsection (1)(a), the entity’s fee under section
260(1)(d) for a development application is taken to include the
fee that would have been payable under section 272(1)(c) for
Current as at 19 December 2014
Page 141
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 250]
the application if the entity were a concurrence agency for the
application.
Subdivision 2
250
Referral agencies
Who is an advice agency
An advice agency, for an application, is—
251
(a)
an entity prescribed under a regulation as an advice
agency for the application; or
(b)
if the functions of the entity in relation to the application
have been devolved or delegated to another entity—the
other entity.
Who is a concurrence agency
A concurrence agency, for an application, is—
252
(a)
an entity prescribed under a regulation as a concurrence
agency for the application; or
(b)
if the functions of the entity in relation to the application
have been devolved or delegated to another entity—the
other entity.
Who is a referral agency
A referral agency is an advice agency or a concurrence
agency.
254
Jurisdiction of referral agencies for
applications—generally
(1)
Page 142
A referral agency has, for assessing and responding to the part
of an application giving rise to the referral, the jurisdiction or
jurisdictions prescribed under a regulation.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 255]
(2)
255
If 2 or more entities prescribed as referral agencies are the
same entity (however called), the entities are taken to be a
single referral agency with multiple jurisdictions.
Concurrence agencies if Minister decides assessment
manager
(1)
This section applies if—
(a)
the assessment manager for an application is decided by
the Minister; and
(b)
the Minister is satisfied 1 or more other entities, that are
not concurrence agencies for the application, could have
been the assessment manager for the application.
(2)
The Minister may state that 1 or more of the entities are to be
a concurrence agency for the application.
(3)
An entity that becomes a concurrence agency under
subsection (2) has the jurisdiction it would have had if it were
the assessment manager.
Subdivision 2A
Chief executive assessing
particular applications as
assessment manager or referral
agency
255A Application requiring code assessment
(1)
(2)
This section applies if—
(a)
the chief executive is the assessment manager for an
application; and
(b)
any part of the application requires code assessment.
For assessing the part of the application—
(a)
section 313(2)(c), (4) and (5) does not apply; and
Current as at 19 December 2014
Page 143
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 255B]
(b)
the chief executive may have regard, and give the weight
the chief executive is satisfied is appropriate, to the
matters prescribed under a regulation.
255B Application requiring impact assessment
(1)
(2)
This section applies if—
(a)
the chief executive is the assessment manager for an
application; and
(b)
any part of the application requires impact assessment.
For assessing the part of the application—
(a)
section 314(2)(c) does not apply; and
(b)
the chief executive may have regard, and give the weight
the chief executive is satisfied is appropriate, to the
matters prescribed under a regulation.
255C Chief executive assessing application as a referral
agency
(1)
This section applies if the chief executive is assessing an
application as a referral agency.
(2)
For assessing the application—
(a)
section 282(1)(c) and (e) does not apply; and
(b)
the chief executive may have regard, and give the weight
the chief executive is satisfied is appropriate, to the
matters prescribed under a regulation.
255D Chief executive imposes conditions or recommends
conditions be imposed on development approval
(1)
Subsection (3) applies if the chief executive—
(a)
Page 144
is the assessment manager for an application and
imposes a condition on the development approval; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 255D]
(2)
(b)
is a concurrence agency for an application and, in a
concurrence agency’s response given under section 285
or 290 or in an amended response given under section
290, tells the assessment manager that a condition must
attach to the development approval; or
(c)
is an advice agency for an application and, in an advice
agency’s response given under section 291, makes a
recommendation to the assessment manager about a
condition that should attach to the development
approval, and the assessment manager imposes the
condition.
Subsection (3) also applies if—
(a)
the chief executive is a referral agency for a matter
within the referral agency’s jurisdiction about a
development; and
(b)
the chief executive gives a referral agency’s response
under section 271 before an application for the
development is made that—
(i)
if the chief executive is a concurrence
agency—tells the assessment manager that a
condition must attach to any development approval
for the application; or
(ii) if the chief executive is an advice agency—makes
a recommendation to the assessment manager
about a condition that should attach to any
development approval and the assessment manager
imposes the condition on a development approval
for the application; and
(c)
(3)
the functions of the chief executive as a referral agency
in relation to the application are lawfully devolved or
delegated to the assessment manager.
The chief executive may nominate an entity to be the
assessing authority for the development to which the
development approval relates for the administration and
enforcement of a matter relating to the condition.
Current as at 19 December 2014
Page 145
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 255E]
(4)
If the chief executive nominates an entity under subsection
(3), the chief executive must give the entity a written notice to
that effect.
255E Relationship with other Acts
(1)
This section applies to an application if—
(a)
the chief executive is the assessment manager or a
referral agency for the application; and
(b)
had the application been made before the
commencement of this section, an entity (a relevant
entity) other than the local government would have been
the assessment manager, or the referral agency, for the
application; and
(c)
another Act imposes requirements on the relevant entity
assessing the application as the assessment manager or
referral agency.
(2)
If there is an inconsistency between this subdivision and the
other Act, this subdivision prevails to the extent of the
inconsistency.
(3)
Subsection (2) applies despite express words or an implied
intention to the contrary in the other Act.
(4)
Without limiting subsections (2) and (3)—
Page 146
(a)
a provision of the other Act stating that matters referred
to in that Act to which the relevant entity in assessing
the application must or may have regard does not apply
to the chief executive in assessing the application; and
(b)
for assessing the application, the chief executive may
under section 255A(2)(b), 255B(2)(b) or 255C(2)(b)
have regard, and give the weight the chief executive
considers appropriate, to the matters prescribed under a
regulation for that section, despite any provision in the
other Act that states the relevant entity must or may have
regard to other particular matters.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 255E]
(5)
Subsection (6) applies if, under the other Act, a function is
conferred on the relevant entity for assessing a matter as the
assessment manager or a referral agency for the application.
(6)
For assessing the matter—
(7)
(a)
the function is conferred on the chief executive; and
(b)
the chief executive may, but is not required to, have
regard to the other Act’s purpose.
If a provision of the other Act states that the relevant entity
may impose particular conditions on any development
approval for the application—
(a)
the provision does not apply to the chief executive for
imposing conditions on the development approval; but
(b)
any condition the chief executive imposes on the
development approval must comply with section 345.
(8)
If a provision of the other Act states that the relevant entity
would be, or would be taken to be, the assessment manager or
a referral agency for assessing a matter for the application, the
chief executive is, or is taken to be, the assessment manager or
the referral agency for assessing the matter.
(9)
Subsection (10) applies if a provision of the other Act (a
stated provision) requires the applicant to give the relevant
entity a document relating to the application.
(10)
Despite the stated provision, the applicant must give the chief
executive the document.
(11)
Subsection (12) applies if, under the other Act, a function is
conferred—
(12)
(a)
on the relevant entity as the assessment manager or a
referral agency for the application; and
(b)
for an investigative or enforcement purpose.
For the purpose, the relevant entity is taken to be the
assessment manager or a referral agency for the application.
Current as at 19 December 2014
Page 147
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 256]
(13)
This section does not apply to the Airport Assets
(Restructuring and Disposal) Act 2008, chapter 3, part 2.
(14)
In this section—
application includes part of an application.
assessing, an application or a matter, includes deciding the
application or the matter.
function includes power.
must have regard to includes must comply with.
Subdivision 3
256
Additional third party advice or
comment about applications
Assessment manager or concurrence agency may seek
advice or comment about application
(1)
The assessment manager or a concurrence agency for an
application may ask any person for advice or comment about
the application at any stage of IDAS, other than the
compliance stage.
(2)
There is no particular way advice or comment may be asked
for and received and the request may be by publicly notifying
the application.
(3)
To remove any doubt, it is declared that—
Page 148
(a)
asking for and receiving advice or comment does not
extend any stage; and
(b)
public notification under subsection (2) is not
notification under part 4, division 2.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 1 Preliminary
[s 257]
Division 5
257
Stages of IDAS
Stages of IDAS
(1)
(2)
IDAS involves the following possible stages—
•
application stage
•
information and referral stage
•
notification stage
•
decision stage
•
compliance stage.
Not all stages, or all parts of a stage, apply to all applications.
Example—
An application for development approval for a factory requiring code
assessment and a referral for workplace health and safety purposes
involves 3 stages—the application, information and referral and
decision stages.
(3)
For development requiring compliance assessment only, the
compliance stage is the only stage that applies to the
development.
Division 6
259
Giving notices electronically
Giving notices using e-IDAS
(1)
This section applies if, under the application stage,
information and referral stage, notification stage or decision
stage of IDAS, an entity (the first entity) is required to give
another entity a notice in writing about an application made
using e-IDAS.
(2)
The first entity may comply with the requirement by
electronically sending to the other entity, using e-IDAS, the
information required to be given in the notice.
Current as at 19 December 2014
Page 149
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 260]
Part 2
Application stage
Division 1
Application process
Subdivision 1
Applying for development approvals
260
Applying for development approval
(1)
Each application must—
(a)
be made to the assessment manager; and
(b)
be in the approved form or made electronically under
section 262(3); and
(c)
be accompanied by any supporting information the
approved form states is mandatory supporting
information for the application; and
(d)
be accompanied by—
(i)
if the assessment manager is a local
government—the fee for administering the
application fixed by resolution of the local
government; or
(ii) if the assessment manager is another public sector
entity—the fee prescribed under a regulation under
this or another Act; and
Note—
See also section 249(2).
(e)
if, under section 263, the consent of the owner of the
land the subject of the application is required for the
making of the application—
(i)
Page 150
contain or be accompanied by the owner’s written
consent; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 261]
(ii) include a declaration by the applicant that the
owner has given written consent to the making of
the application.
Note—
A single application may be made for both a preliminary approval and a
development permit.
(2)
(3)
261
The approved form—
(a)
must contain a mandatory requirements part; and
(b)
may make provision for mandatory
information for the application.
supporting
In making an application, the applicant must give the
information required under the mandatory requirements part
of the approved form.
When application is a properly made application
(1)
An application is a properly made application only if—
(a)
either—
(i)
the application complies with section 260(1) and
(3); or
(ii) the assessment manager for the application—
(b)
(A)
is satisfied the application complies with
section 260(1)(a), (b), (d) and (e) and (3);
and
(B)
receives and, after considering any
noncompliance with section 260(1)(c),
accepts the application; and
if the application is taken, under the Environmental
Protection Act, section 115, to also be an application for
an environmental authority—the application complies
with the Environmental Protection Act, section 125, as
if a reference to—
Current as at 19 December 2014
Page 151
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 262]
(i)
the application were a reference
development application; and
to
the
(ii) the applicant were a reference to the applicant for
the development application.
(2)
262
Despite subsection (1)(b), the Environmental Protection Act,
section 125(1)(a) and (b) does not apply to the application.
Special provision about electronic applications
(1)
The chief executive may approve an electronic system to send
and receive electronic communications for carrying out
actions involved in IDAS.
(2)
The electronic system approved by the chief executive under
subsection (1) is called e-IDAS.
(3)
If an applicant can use e-IDAS for making an application—
(4)
(5)
Page 152
(a)
the application may be made by electronically sending
to the assessment manager, using e-IDAS, the
information required in the approved form for the
application in the format provided for under e-IDAS;
and
(b)
electronic communications for carrying out actions
involved in IDAS may be made using e-IDAS.
Subsection (5) applies if—
(a)
an applicant uses e-IDAS for making an application; and
(b)
an action required to be taken under IDAS for the
application has not been taken by the end of the last day
for taking the action; and
(c)
e-IDAS does not operate for any period on the last day.
The person required to take the action may extend the period
for taking the action under IDAS by not more than 2 business
days after the end of the day on which e-IDAS begins to
operate again by—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 263]
(a)
taking the action within 2 business days after the end of
that day; and
(b)
giving each other party to the application written notice
of the extension at the same time as the action is taken
using e-IDAS.
(6)
If a person acts under subsection (5), the period for taking the
action under IDAS is extended until the time the action is
taken using e-IDAS and the notice is given.
(7)
In this section—
party, to an application, means each of the following—
263
(a)
the applicant;
(b)
the assessment manager;
(c)
any referral agency to which the action required to be
taken relates.
When owner’s consent is required for application
(1)
(2)
The consent of the owner of the land the subject of an
application is required for its making if the application is
for—
(a)
a material change of use of premises or reconfiguring a
lot; or
(b)
work on land below high-water mark and outside a canal
as defined under the Coastal Protection and
Management Act 1995; or
(c)
work on rail corridor land as defined under the Transport
Infrastructure Act.
Despite subsection (1)—
(a)
to the extent the land the subject of the application has
the benefit of an easement, and the development is not
inconsistent with the terms of the easement, the consent
of the owner of the servient tenement is not required;
and
Current as at 19 December 2014
Page 153
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 265]
(b)
the consent of the owner of the land is not required to
the extent—
(i)
the land the subject of the application is acquisition
land; and
(ii) the application relates to the purpose for which the
land is to be taken or acquired.
265
Approved material change of use required for particular
developments
(1)
(2)
This section applies if, at the time an application for a
development permit is made—
(a)
a structure or works, the subject of the application, may
not be used unless a development permit exists for the
material change of use of premises for which the
structure is, or works are, proposed; and
(b)
there is no development permit for the change of use;
and
(c)
approval for the material change of use has not been
applied for in the application or a separate application.
The application is taken also to be for the change of use.
Subdivision 2
266
Notices about receipt of
applications
Notice about application that is not a properly made
application
(1)
Page 154
If the application is not a properly made application, the
assessment manager must give the applicant a notice stating—
(a)
that the application is not a properly made application;
and
(b)
the reasons the assessment manager is satisfied the
application is not a properly made application; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 267]
(c)
the action the assessment manager is satisfied the
applicant must take for the application to comply with
section 261.
(2)
The assessment manager must give the applicant the notice
within 10 business days after the assessment manager receives
the application.
(3)
If the applicant does not take the action mentioned in
subsection (1)(c) within 20 business days after receiving the
notice, or the further period agreed between the assessment
manager and the applicant—
(a)
the application lapses; and
(b)
the assessment manager must as soon as practicable—
(i)
return the application to the applicant, other than
any part of the application made electronically; and
(ii) refund to the applicant the fee mentioned in section
260(1)(d) that accompanied the application, less a
reasonable fee, if any, decided by the assessment
manager for processing the application.
267
Notice about properly made application
(1)
This section applies if the application is a properly made
application.
(2)
The assessment manager must give the applicant a notice (the
acknowledgement notice) unless—
(3)
(a)
the application relates to development that requires code
assessment only; and
(b)
there are no referral agencies, or all referral agencies
have stated in writing that they do not require the
application to be referred to them under the information
and referral stage.
The acknowledgement notice must be given to the applicant
within 10 business days after the assessment manager receives
the properly made application (the acknowledgement period).
Current as at 19 December 2014
Page 155
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 2 Application stage
[s 268]
268
Content of acknowledgement notice
The acknowledgement notice must state the following—
(a)
the type of approval applied for;
(b)
which of the following aspects of development the
application seeks a development approval for—
(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;
Page 156
(c)
whether an aspect of the development applied for
requires code assessment, and if so, the names of all the
codes the assessment manager considers to be
applicable codes for the development;
(d)
whether an aspect of the development applied for
requires impact assessment, and if so, the public
notification requirements;
(e)
the name and address of each referral agency for the
application, and whether the referral agency is an advice
or concurrence agency;
(f)
if the assessment manager does not intend to make an
information request under section 276—the assessment
manager does not intend to make an information
request;
(g)
if there are referral agencies for the application—the
application will lapse unless the applicant gives to each
referral agency the referral agency material within the
period mentioned in section 272(2).
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 269]
Division 2
269
End of application stage
When does application stage end
The application stage for a properly made application ends—
(a)
if the application is an application that requires an
acknowledgement notice to be given—the day the
acknowledgement notice is given; or
(b)
if the application is an application that does not require
an acknowledgement notice to be given—the day the
properly made application was received.
Part 3
Information and referral stage
Division 1
Preliminary
270
Purpose of information and referral stage
The information and referral stage for an application—
271
(a)
gives the assessment manager and any concurrence
agencies the opportunity to ask the applicant for further
information needed to assess the application; and
(b)
gives concurrence agencies the opportunity to exercise
their concurrence powers; and
(c)
gives the assessment manager the opportunity to receive
advice about the application from referral agencies.
Referral agency responses before application is made
(1)
Nothing in this Act stops a referral agency from giving a
referral agency’s response on a matter within its jurisdiction
Current as at 19 December 2014
Page 157
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 272]
about a development before an application for the
development is made to the assessment manager.
(2)
However, a referral agency is not obliged to give a referral
agency’s response mentioned in subsection (1) before the
application is made.
(3)
If a concurrence agency gives a referral agency’s response
before an application for the development is made to the
assessment manager, the applicant must, if asked by the
concurrence agency, give the concurrence agency the
agency’s application fee mentioned in section 272(1)(c).
Division 2
272
Giving material to referral agencies
Applicant gives material to referral agency
(1)
The applicant must give each referral agency the following
things (the referral agency material)—
(a)
a copy of the application, unless the referral agency
already has a copy;
(b)
a copy of the acknowledgement notice, unless the
referral agency was the entity that gave the notice;
(c)
if the referral agency is a concurrence agency—
(i)
generally—the agency’s application fee prescribed
under a regulation under this or another Act; or
(ii) if the functions of the concurrence agency in
relation to the application have been devolved or
delegated to a local government, the fee that is, by
resolution, adopted by the local government.
(2)
The referral agency material must be given to all referral
agencies within—
(a)
Page 158
20 business days after the applicant receives the
acknowledgement notice; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 273]
(b)
(3)
the further period agreed between the assessment
manager and the applicant.
However, the applicant need not give a referral agency the
referral agency material if—
(a)
the applicant gave the assessment manager a copy of the
referral agency’s response mentioned in section 271(1)
with the application; and
(b)
the referral agency’s response states that—
(i)
the agency does not require a referral under this
section; or
(ii) the agency does not require a referral under this
section if any conditions, including a time limit
within which the application must be made, stated
in the response are satisfied; and
(c)
273
any conditions mentioned in paragraph (b)(ii) are
satisfied.
(4)
The assessment manager may, if asked by the applicant, give
the referral agency material to a referral agency on behalf of
the applicant for a fee, not more than the assessment
manager’s reasonable costs of giving the material.
(5)
To the extent the functions of a referral agency in relation to
the application have been lawfully devolved or delegated to
the assessment manager, subsections (1) to (4), other than
subsection (1)(c), do not apply.
Lapsing of application if material not given
(1)
The application lapses if the applicant does not comply with
section 272.
(2)
However, if the application is revived under section 274(1),
the application lapses if the applicant does not comply with
section 274(2).
Current as at 19 December 2014
Page 159
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 274]
274
When application taken not to have lapsed
(1)
An application that, other than for this section, would lapse
under section 273(1) is revived if, within 5 business days after
the application would otherwise have lapsed, the applicant
gives the assessment manager written notice that the applicant
seeks to revive the application.
(2)
If the application is revived under subsection (1), the applicant
must comply with section 272 before the end of—
(3)
275
(a)
5 business days after giving the notice mentioned in
subsection (1); or
(b)
the further period agreed between the assessment
manager and the applicant.
If the application is revived under subsection (1), for the
purpose of the IDAS process the application is taken not to
have lapsed under section 273(1).
Applicant to advise assessment manager when material
given
(1)
After complying with section 272, the applicant must give the
assessment manager written notice of the day the applicant
gave each referral agency the referral agency material.
(2)
To the extent the functions of a referral agency in relation to
the application have been lawfully devolved or delegated to
the assessment manager, subsection (1) does not apply.
Division 3
276
Information requests
Information request to applicant
(1)
Page 160
The assessment manager and each concurrence agency may
ask the applicant, by written request (an information request),
to give further information needed to assess the application.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 277]
(2)
A concurrence agency may only ask for information about a
matter that is within its jurisdiction.
(3)
An information request must state that the application will
lapse unless the applicant gives the assessment manager or
concurrence agency a response under section 278.
(4)
If the assessment manager makes the request, the request must
be made—
(5)
(a)
for an application requiring an acknowledgement notice
to be given—within 10 business days after giving the
acknowledgement notice (the information request
period); and
(b)
for an application that does not require an
acknowledgement notice to be given—within 10
business days after the day the properly made
application was received (also the information request
period).
If a concurrence agency makes the request—
(a)
the request must be made within 10 business days after
the agency’s referral day (also the information request
period); and
(b)
the concurrence agency must—
(i)
give the assessment manager a copy of the request;
and
(ii) advise the assessment manager of the day the
request was made.
(6)
277
Without limiting subsection (1), an assessment manager or
concurrence agency may, within the limits of their
jurisdiction, include in an information request advice to the
applicant about how the applicant may change the application.
Extending information request period
(1)
The assessment manager or a concurrence agency may, by
written notice given to the applicant and without the
Current as at 19 December 2014
Page 161
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 278]
applicant’s agreement, extend the information request period
by not more than 10 business days.
(2)
Only 1 notice may be given by each entity under subsection
(1) and the notice must be given before the entity’s
information request period ends.
(3)
The information request period may be further extended if the
applicant, at any time, gives written agreement to the
extension.
(4)
If the information request period is extended for a
concurrence agency, the concurrence agency must advise the
assessment manager of the extension.
278
Applicant responds to any information request
(1)
If the applicant receives an information request from the
assessment manager or a concurrence agency (the requesting
authority), the applicant must respond by giving the
requesting authority—
(a)
all of the information requested; or
(b)
part of the information requested together with a written
notice asking the requesting authority to proceed with
the assessment of the application; or
(c)
a written notice—
(i)
stating that the applicant does not intend to supply
any of the information requested; and
(ii) asking the requesting authority to proceed with the
assessment of the application.
(2)
Page 162
If the requesting authority is a concurrence agency, the
applicant must also give a copy of the applicant’s response to
the assessment manager.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 279]
279
Lapsing of application if no response to information
request
(1)
280
The application lapses if the applicant does not comply with
section 278 within—
(a)
for an application required by an enforcement notice or
in response to a show cause notice—3 months after
receiving the information request (the response period)
or the further period agreed between the applicant and
the entity making the information request; or
(b)
for any other application—6 months after receiving the
information request (also the response period) or the
further period agreed between the applicant and the
entity making the information request.
(2)
However, if the application is revived under section 280(1),
the application lapses if the applicant does not comply with
section 280(2).
(3)
Subsection (4) applies if—
(a)
the applicant asks the entity making the information
request to agree to extend the response period; and
(b)
the entity does not respond to the request until 5
business days before the response period ends, or later;
and
(c)
the entity does not agree to the extension.
(4)
The response period does not end until 10 business days after
the response, advising that the entity does not agree to the
extension, is received.
(5)
The entity making the information request must not
unreasonably refuse to extend the response period.
When application taken not to have lapsed
(1)
An application that, other than for this section, would lapse
under section 279(1) is revived if, within 5 business days after
the application would otherwise have lapsed, the applicant
Current as at 19 December 2014
Page 163
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 281]
gives the assessment manager and the concurrence agency
that made the information request written notice that the
applicant seeks to revive the application.
(2)
(3)
281
If an application is revived under subsection (1), the applicant
must comply with section 278 before the end of—
(a)
5 business days after giving the notice mentioned in
subsection (1); or
(b)
the further period agreed between the assessment
manager and the applicant.
If the application is revived under subsection (1), for the
purpose of the IDAS process the application is taken not to
have lapsed under section 279(1).
Referral agency to advise assessment manager of
response
Each referral agency must, after receiving the applicant’s
response, advise the assessment manager of the day of the
applicant’s response under section 278.
Division 4
Referral agency assessment
Subdivision 1
Assessment generally
282
Referral agency assesses application
(1)
Page 164
Each referral agency must, to the extent relevant to the
development and within the limits of its jurisdiction, assess
the application against each of the following—
(a)
the State planning regulatory provisions applied by the
referral agency;
(b)
the regional plan for a designated region, to the extent it
is not identified in the planning scheme as being
appropriately reflected in the planning scheme;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 282]
(c)
for a concurrence agency—any applicable concurrence
agency codes that are identified as a code for IDAS in
this or another Act;
(d)
State planning policies applied by the referral agency, to
the extent the policies are not identified in—
(i)
any relevant regional plan as being appropriately
reflected in the regional plan; or
(ii) the planning scheme as being appropriately
reflected in the planning scheme;
(e)
the laws that are administered by, and the policies that
are reasonably identifiable as policies applied by, the
referral agency.
Note—
However, if the chief executive is a referral agency for the application,
see section 255C.
(2)
Also, each referral agency must, to the extent relevant to the
development and within the limits of its jurisdiction, assess
the application having regard to each of the following—
(a)
the State planning regulatory provisions not applied by
the referral agency;
(b)
State planning policies not applied by the referral
agency, to the extent the policies are not identified in—
(i)
any relevant regional plan as being appropriately
reflected in the regional plan; or
(ii) the planning scheme as being appropriately
reflected in the planning scheme;
(c)
a temporary local planning instrument for the planning
scheme area;
(d)
the planning scheme;
(e)
if the land to which the application relates is designated
land—its designation;
Current as at 19 December 2014
Page 165
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 283]
(f)
(3)
283
to the extent the referral agency’s jurisdiction involves
the assessment of the cost impacts of supplying
infrastructure for development under chapter 8, part 2,
division 2, subdivision 2 or part 3—any relevant charges
resolution.
Despite subsections (1) and (2) a referral agency—
(a)
may give the weight it considers appropriate to any
planning instruments, laws, policies, codes and
resolutions, of the type mentioned in subsection (1) or
(2), coming into effect after the application was made,
but before the agency’s referral day; but
(b)
must disregard any planning scheme or temporary local
planning instrument for the planning scheme area if the
referral agency’s jurisdiction is limited to considering
the effect of the building assessment provisions on
building work.
Referral agency’s assessment period
(1)
The period a referral agency has to assess the application (the
referral agency’s assessment period) is—
(a)
the number of business days, starting on the day
immediately after the agency’s referral day and being
less than 30 business days, prescribed under a
regulation; or
(b)
if there is no regulation under paragraph (a)—30
business days, starting on the day after the agency’s
referral day.
(2)
A referral agency’s assessment
information request period.
(3)
The referral agency’s assessment period mentioned in
subsection (1) applies even if there is no information request
period for the application because an EIS is required.
(4)
The referral agency’s assessment period does not include—
(a)
Page 166
period
includes
the
any extension for giving an information request; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 284]
(b)
284
any period in which the agency is waiting for a response
to an information request.
Extending referral agency’s assessment period
(1)
A concurrence agency may, by written notice given to the
applicant and without the applicant’s agreement, extend its
referral agency’s assessment period by not more than—
(a)
if a regulation under section 283(1)(a) has prescribed the
referral agency’s assessment period—the number of
business days, being less than 20 business days,
prescribed under a regulation; or
(b)
if paragraph (a) does not apply—20 business days.
(2)
A notice under subsection (1) may be given only before the
referral agency’s assessment period ends.
(3)
The referral agency’s assessment period may be further
extended, including for the purpose of providing further
information to the referral agency, if the applicant, before the
period ends, gives written agreement to the extension.
(4)
If the referral agency’s assessment period is extended for a
concurrence agency, the agency must advise the assessment
manager of the extension.
Subdivision 2
285
Concurrence agency responses
When concurrence agency must give response for
particular matters
(1)
Subsection (2) applies if a concurrence agency—
(a)
wants the assessment manager to include concurrence
agency conditions in the development approval, or to
refuse the application; or
(b)
under this Act, requires the assessment manager to do
something else in relation to the application.
Current as at 19 December 2014
Page 167
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 286]
(2)
The concurrence agency must give its response (a
concurrence agency’s response) to the assessment manager,
and give a copy of its response to the applicant, before the
referral agency’s assessment period for the application and
any extension of that period ends.
Note—
Under section 271, a referral agency may give a referral agency’s
response about development before an application for the development
is made.
286
Effect if concurrence agency does not give response
(1)
If a concurrence agency does not give a response under
section 285, the assessment manager must decide the
application as if the agency had assessed the application and
had no concurrence agency requirements.
(2)
However, the concurrence agency’s response is taken to be a
refusal of the application if—
287
(a)
the application is a building development application;
and
(b)
the concurrence agency is the local government; and
(c)
the matter being decided by the concurrence agency is a
matter other than assessing the amenity and aesthetic
impact of a building or structure; and
(d)
the concurrence agency does not give a response under
section 285.
Concurrence agency’s response powers
(1)
A concurrence agency’s response may, within the limits of the
concurrence agency’s jurisdiction, tell the assessment
manager 1 or more of the following—
(a)
Page 168
the conditions that must attach to any development
approval;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 287]
(2)
(b)
that any approval must be for part only of the
development;
(c)
that any approval must be a preliminary approval only;
(d)
a different period for section 341(1)(b), (2)(c) or (3)(b).
Alternatively, a concurrence agency’s response must, within
the limits of the concurrence agency’s jurisdiction, tell the
assessment manager—
(a)
the concurrence agency has no requirements relating to
the application; or
(b)
to refuse the application.
(3)
However, subsection (2)(b) does not apply to the extent a
concurrence agency’s jurisdiction is about the assessment of
the cost impacts of supplying infrastructure to development.
(4)
Subsection (5) applies if a concurrence agency’s response is
about the part of an application for a preliminary approval
mentioned in section 242 that states the way in which the
applicant seeks approval to vary the effect of any applicable
local planning instrument for the land.
(5)
The concurrence agency’s response may, within the limits of
the concurrence agency’s jurisdiction, tell the assessment
manager in relation to the part of the application—
(a)
that the concurrence agency has no requirements
relating to the part of the application; or
(b)
if an approval is given, to do any of the following—
(i)
approve only some of the variations sought;
(ii) subject to section 242(3) and (5)—approve
different variations from those sought; or
(c)
(6)
to refuse the variations sought.
A concurrence agency’s response may also offer advice to the
assessment manager about the application.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 288]
288
Limitation on concurrence agency’s power to refuse
application
(1)
(2)
289
To the extent a concurrence agency’s jurisdiction is about
assessing the effects of development on designated land, the
concurrence agency may only tell the assessment manager to
refuse the application if—
(a)
the concurrence agency is satisfied the development
would compromise the intent of the designation; and
(b)
the intent of the designation could not be achieved by
imposing conditions on the development approval.
To the extent a local government’s concurrence agency
jurisdiction is about assessing the amenity and aesthetic
impact of a building or structure, the concurrence agency may
only tell the assessment manager to refuse the application if
the concurrence agency considers—
(a)
the building or structure, when built, will have an
extremely adverse effect on the amenity or likely
amenity of its neighbourhood; or
(b)
the aesthetics of the building or structure, when built,
will be in extreme conflict with the character of its
neighbourhood.
Concurrence agency’s response to include reasons for
refusal or conditions
(1)
If a concurrence agency’s response, other than a refusal taken
to have been given under section 286(2), requires an
application to be refused or requires a development approval
to include conditions, the response must include reasons for
the refusal or inclusion.
(2)
If—
(a)
Page 170
a concurrence agency’s response is for the part of an
application for a preliminary approval mentioned in
section 242 that states the way in which the applicant
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 290]
seeks approval to vary the effect of any applicable local
planning instrument for the land; and
(b)
the response requires the assessment manager to take an
action mentioned in section 287(5)(b) or to refuse the
variations sought;
the response must include reasons for the requirement.
290
How a concurrence agency may change its response or
give late response
(1)
Despite section 285, a concurrence agency may, after its
referral agency’s assessment period and any extension of that
period ends but before the application is decided—
(a)
give a response (a concurrence agency’s response) if
the applicant has given written agreement to the content
of the response or the Minister has given the
concurrence agency a direction under section 420; or
(b)
amend its response if—
(i)
the applicant has given written agreement to the
amended response or the Minister has given the
concurrence agency a direction under section 420;
or
(ii) the amended response relates directly to a change
made to a development application in response to
an information request or a matter raised in a
properly made submission for the application.
(2)
If a concurrence agency proposes to amend a response under
subsection (1)(b)(ii), the concurrence agency must give
written notice of the proposal to the assessment manager and
the applicant within 5 business days after receiving notice of
the change under section 352.
(3)
The assessment manager must not decide the application until
the first of the following happens—
(a)
the assessment manager receives a copy of the amended
response;
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 291]
(b)
(4)
the end of 10 business days after the notice is given
under subsection (2).
If a concurrence agency gives or amends a response under
subsection (1), the concurrence agency must give—
(a)
to the assessment manager—the response or the
amended response and a copy of any agreement under
subsection (1)(a) or (b)(i); and
(b)
to the applicant—a copy of the response or the amended
response.
Subdivision 3
291
Advice agency responses
When advice agency must give response for particular
matters
(1)
Subsection (2) applies if an advice agency wants the
assessment manager to consider its advice or
recommendations when assessing the application.
(2)
The advice agency must give its response (an advice agency’s
response) to the assessment manager, and give a copy of its
response to the applicant, before the referral agency’s
assessment period for the application and any extension of
that period ends.
Note—
Under section 271, a referral agency may give a referral agency’s
response about development before an application for the development
is made.
292
Advice agency’s response powers
(1)
Page 172
An advice agency’s response may, within the limits of the
advice agency’s jurisdiction, make a recommendation to the
assessment manager about any aspect of the application
relevant to the assessment manager’s decision on the
application, including, for example—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 3 Information and referral stage
[s 293]
(2)
(3)
(a)
the conditions that should attach to any development
approval; and
(b)
that any approval should be for part only of the
application; and
(c)
that any approval should be a preliminary approval only.
Alternatively, an advice agency’s response may, within the
limits of the advice agency’s jurisdiction, advise the
assessment manager that—
(a)
the advice agency has no recommendations relating to
the application; or
(b)
it should refuse the application.
An advice agency’s response may also tell the assessment
manager to treat the response as a properly made submission.
Division 5
293
End of information and referral
stage
When does information and referral stage end
(1)
(2)
If there are no referral agencies for the application, the
information and referral stage ends when—
(a)
the assessment manager states in the acknowledgement
notice that it does not intend to make an information
request; or
(b)
if a request has been made—the applicant has finished
responding to the request; or
(c)
if neither paragraph (a) nor paragraph (b) applies—the
assessment manager’s information request period has
ended.
If there are referral agencies for the application, the
information and referral stage ends when—
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 294]
(a)
the assessment manager has received the notice from the
applicant under section 275; and
(b)
an action mentioned in subsection (1)(a) or (b) has
happened or the assessment manager’s information
request period has ended; and
(c)
all referral agency’s responses have been received by the
assessment manager or, if all the responses have not
been received, all referral agency’s assessment periods
have ended.
Part 4
Notification stage
Division 1
Preliminary
294
Purpose of notification stage
The notification stage gives a person—
295
(a)
the opportunity to make submissions, including
objections, that must be taken into account before an
application is decided; and
(b)
the opportunity to secure the right to appeal to the court
about the assessment manager’s decision.
When notification stage applies
(1)
(2)
Page 174
The notification stage applies to an application if either of the
following applies—
(a)
any part of the application requires impact assessment;
(b)
the application is an application to which section 242
applies.
Subsection (1) applies even if—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 296]
(3)
(a)
code assessment is required for another part of the
application; or
(b)
a concurrence agency advises the assessment manager it
requires the application to be refused.
However, subsection (1)(b) does not apply if—
(a)
a preliminary approval to which section 242 applies has
been given for land; and
(b)
the application does not seek to change the type of
assessment for the development or, if it does, it seeks
only 1 or both of the following—
(i)
to change development requiring code assessment
to self-assessable development or development
requiring compliance assessment;
(ii) to increase the
development; and
(c)
(4)
level
of
assessment
for
a code proposed as part of the application is
substantially consistent with a code in the preliminary
approval.
However, this part does not apply for an application to which
chapter 9, part 7 applies.
Note—
See chapter 9 (Miscellaneous), part 7 (Notification stage for particular
aquaculture development) for the notification stage that applies for
development applications to which that part applies.
296
When notification stage can start
(1)
If there are no concurrence agencies and the assessment
manager has stated in the acknowledgement notice that the
assessment manager does not intend to make an information
request, the applicant may start the notification stage as soon
as the acknowledgement notice is given.
(2)
If no information requests have been made during the last
information request period, the applicant may start the
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 297]
notification period as soon as the last information request
period ends.
(3)
If an information request has been made during the
information request period, the applicant may start the
notification period as soon as the applicant gives—
(a)
all information request responses to all information
requests made; and
(b)
copies of the responses to the assessment manager.
Division 2
297
Public notification
Applicant or assessment manager to give public notice
of application
(1)
The applicant or, with the applicant’s written agreement, the
assessment manager must—
(a)
publish a notice at least once in a newspaper circulating
generally in the locality of the land; and
(b)
place a notice on the land in the way prescribed under a
regulation; and
(c)
give a notice to the owners of all land adjoining the land.
(2)
If the assessment manager carries out notification for the
applicant, the assessment manager may require the applicant
to pay a fee, of not more than the assessment manager’s
reasonable costs for carrying out the notification.
(3)
For subsection (1)(c), roads, land below high-water mark and
the beds and banks of rivers are taken not to be adjoining land.
(4)
In this section—
owner, for land adjoining the land the subject of the
application, means—
(a)
Page 176
if the adjoining land is subject to the Integrated Resort
Development Act 1987 or the Sanctuary Cove Resort Act
1985—the primary thoroughfare body corporate; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 298]
(b)
if the adjoining land is subject to the Mixed Use
Development Act 1993—the community body
corporate; or
(c)
subject to paragraphs (a) and (b), if the adjoining land is
subject to the Building Units and Group Titles Act
1980—the body corporate; or
(d)
if the adjoining land is, under the Body Corporate and
Community Management Act 1997, scheme land for a
community titles scheme—
(i)
the body corporate for the scheme; or
(ii) if the adjoining land is scheme land for more than
1 community titles scheme—the body corporate
for the community titles scheme that is a principal
scheme; or
298
(e)
if there is a time share scheme, as defined under the
Local Government Act, for a structure on the adjoining
land—the person notified to the local government
concerned as the person responsible for the
administration of the scheme as between the participants
in the scheme; or
(f)
if the adjoining land is land being bought from the State
for an estate in fee simple under the Land Act 1994—the
buyer; or
(g)
if the adjoining land is land granted in trust or reserved
and set apart and placed under the control of trustees
under the Land Act 1994—the trustees of the land; or
(h)
if paragraphs (a) to (g) do not apply—the person for the
time being entitled to receive the rent for the land or
who would be entitled to receive the rent if the land
were let to a tenant at a rent.
Notification period for applications
(1)
The notification period for the application must be at least—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 299]
(a)
30 business days starting on the day after the last action
under section 297(1) is carried out, if any of the
following apply for the application—
(i)
there are 3 or more concurrence agencies;
(ii) all or part of the development—
(A)
is assessable under a planning scheme; and
(B)
is prescribed under a regulation for this
subparagraph;
(iii) all or part of the development is the subject of an
application for a preliminary approval mentioned
in section 242; or
(b)
(2)
299
if paragraph (a) does not apply—15 business days
starting on the day after the last action under section
297(1) is carried out.
The notification period must not include any business day
from 20 December in a particular year to 5 January in the
following year, both days inclusive.
Requirements for particular notices
(1)
The notices mentioned in section 297(1) must be in the
approved form.
(2)
The notice placed on the land must remain on the land for all
of the notification period.
(3)
All actions mentioned in section 297(1) must be completed
within 5 business days after the first of the actions is carried
out.
(4)
A regulation may prescribe different notification requirements
for an application for development on land located—
Page 178
(a)
outside any local government area; or
(b)
within a local government area but in a location where
compliance with section 297(1) would be unduly
onerous or would not give effective public notice.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 300]
300
Applicant to give assessment manager notice about
particular matters
If the applicant carries out notification, the applicant must,
within 5 business days after the day the last of the actions
mentioned in section 297(1) is carried out, give the
assessment manager written notice of the day the last of the
actions is carried out.
301
Notice of compliance to be given to assessment manager
If the applicant carries out notification, the applicant must,
within 20 business days after the notification period ends, give
the assessment manager written notice that the applicant has
complied with the requirements of this division.
302
Application lapses if notification not carried out or notice
of compliance not given
(1)
(2)
An application to which the notification stage applies lapses
if—
(a)
the last action under section 297(1) is not carried out
before the end of 20 business days after the applicant
was entitled to start the notification stage or the further
period agreed between the assessment manager and the
applicant; or
(b)
the applicant has not complied with section 301 within
the period stated in the section or the further period
agreed between the assessment manager and the
applicant.
However, if the application is revived under section 303(1),
the application lapses if the applicant does not comply with—
(a)
if subsection (1)(a) applies to the application—section
303(2); or
(b)
if subsection (1)(b) applies to the application—section
303(3).
Current as at 19 December 2014
Page 179
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 303]
303
When application taken not to have lapsed
(1)
An application that, other than for this section, would lapse
under section 302(1) is revived if, within 5 business days after
the application would otherwise have lapsed, the applicant
gives the assessment manager written notice that the applicant
seeks to revive the application.
(2)
If the application is revived under subsection (1) and section
302(1)(a) applies to the application, the applicant must, within
10 business days after giving the notice under subsection (1)
or the further period agreed between the assessment manager
and the applicant, carry out the actions under section 297(1).
(3)
If the application is revived under subsection (1) and section
302(1)(b) applies to the application, the applicant must, within
5 business days after giving the notice under subsection (1) or
the further period agreed between the assessment manager
and the applicant, comply with section 301.
(4)
If the application is revived under subsection (1), for the
purpose of the IDAS process the application is taken not to
have lapsed under section 302(1).
304
Assessment manager may assess and decide application
if some requirements not complied with
(1)
(2)
Page 180
Despite section 301, the assessment manager may assess and
decide an application even if some of the requirements of this
division have not been complied with, if the assessment
manager is satisfied any noncompliance has not—
(a)
adversely affected the awareness of the public of the
existence and nature of the application; or
(b)
restricted the opportunity of the public to make properly
made submissions.
However, the assessment manager can not assess and decide
an application that has lapsed and has not been revived under
this division.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 4 Notification stage
[s 305]
Division 3
305
306
Submissions about applications
Making submissions
(1)
During the notification period, any person other than the
applicant or a concurrence agency may make a submission to
the assessment manager about the application.
(2)
The assessment manager must accept a submission if the
submission is a properly made submission.
(3)
However, the assessment manager may accept a written
submission even if the submission is not a properly made
submission.
(4)
If the assessment manager has accepted a submission, the
person who made the submission may, by written notice—
(a)
amend the submission during the notification period; or
(b)
withdraw the submission at any time before a decision
about the application is made.
Submissions made during notification period effective
for later notification period
(1)
(2)
This section applies if—
(a)
a person makes a submission under section 305(1) and
the submission is a properly made submission or the
assessment manager accepts the submission under
section 305(3); and
(b)
the notification stage for the application is repeated for
any reason.
The properly made submission is taken to be a properly made
submission for the later notification period and the submitter
may, by written notice—
(a)
amend the submission during the later notification
period; or
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 307]
(b)
(3)
The submission the assessment manager accepted under
section 305(3) is taken to be part of the common material for
the application unless the person who made the submission
withdraws the submission before a decision is made about the
application.
Division 4
307
withdraw the submission at any time before a decision
about the application is made.
End of notification stage
When does notification stage end
The notification stage ends—
(a)
if notification is carried out by the applicant—when the
assessment manager receives the written notice
mentioned in section 301; or
(b)
if notification is carried out by the assessment manager
for the applicant—when the notification period ends.
Part 5
Decision stage
Division 1
Preliminary
308
Assessment necessary even if concurrence agency
refuses application
This part applies even if a concurrence agency advises the
assessment manager the concurrence agency requires the
application to be refused.
Page 182
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 309]
309
When does decision stage start
(1)
If an acknowledgement notice for an application is required,
the decision stage for the application starts the day after all
other stages applying to the application, other than the
compliance stage, have ended.
(2)
If subsection (1) does not apply to an application, the decision
stage for the application starts—
(3)
310
(a)
if an information request has been made about the
application—the day the applicant responds to the
information request; or
(b)
if an information request has not been made about the
application—the day the properly made application was
received.
However, the assessment manager may start assessing the
application before the start of the decision stage.
Effect on decision stage if action taken under Native Title
Act (Cwlth)
(1)
This section applies if an assessment manager takes action
under the Native Title Act 1993 (Cwlth), section 24HA or
24KA.
(2)
If the assessment manager takes the action before the decision
stage starts, the decision stage does not start until the action is
completed.
(3)
If the assessment manager takes the action after the decision
stage has started, the decision stage stops the day after the
action is taken and starts again the day after the action is
completed.
Current as at 19 December 2014
Page 183
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 311]
Division 2
311
Assessment process
References in div 2 to planning instrument, code, law or
policy
In this division, other than section 317, a reference to a
planning instrument, code, law or policy is a reference to a
planning instrument, code, law or policy in effect when the
application was properly made.
312
When assessment manager must not assess part of an
application
(1)
This section applies to the part of an application (the
coordinated part) for which, were it a separate development
application, there would be a different assessment manager.
(2)
Despite sections 313 to 315, the assessment manager must not
assess the development the subject of the coordinated part.
313
Code assessment—generally
(1)
This section applies to any part of the application requiring
code assessment.
(2)
The assessment manager must assess the part of the
application against each of the following matters or things to
the extent the matter or thing is relevant to the development—
(a)
the State planning regulatory provisions;
(b)
the regional plan for a designated region, to the extent it
is not identified in the planning scheme as being
appropriately reflected in the planning scheme;
(c)
any applicable codes, other than concurrence agency
codes the assessment manager does not apply, that are
identified as a code for IDAS under this or another Act;
Note—
However, if the chief executive is the assessment manager for
the application, see section 255A.
Page 184
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 313]
(d)
State planning policies, to the extent the policies are not
identified in—
(i)
any relevant regional plan as being appropriately
reflected in the regional plan; or
(ii) the planning scheme as being appropriately
reflected in the planning scheme;
(e)
any applicable codes in the following instruments—
(i)
a temporary local planning instrument;
(ii) a preliminary approval to which section 242
applies;
(iii) a planning scheme;
(f)
if the assessment manager is an infrastructure
provider—the provider’s LGIP, if any.
Note—
See chapters 2 and 3 for particular provisions about the relationship
between the matters or things mentioned in subsection (2).
(3)
(4)
In addition to the matters or things against which the
assessment manager must assess the application under
subsection (2), the assessment manager must assess the part of
the application having regard to the following—
(a)
the common material;
(b)
any development approval for, and any lawful use of,
premises the subject of the application or adjacent
premises;
(c)
any referral agency’s response for the application;
(d)
the purposes of any instrument containing an applicable
code.
If the assessment manager is not a local government, the laws
that are administered by, and the policies that are reasonably
identifiable as policies applied by, the assessment manager
and that are relevant to the application, are taken to be
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 314]
applicable codes in addition to the applicable codes
mentioned in subsection (2)(c) or (e).
(5)
The assessment manager must not assess the application
against, or having regard to, anything other than a matter or
thing mentioned in this section.
(6)
Subsection (2)(a), (b) and (d) does not apply for the part of an
application involving assessment against the Building Act.
314
Impact assessment—generally
(1)
This section applies to any part of the application requiring
impact assessment.
(2)
The assessment manager must assess the part of the
application against each of the following matters or things to
the extent the matter or thing is relevant to the development—
(a)
the State planning regulatory provisions;
(b)
the regional plan for a designated region, to the extent it
is not identified in the planning scheme as being
appropriately reflected in the planning scheme;
(c)
if the assessment manager is not a local
government—the laws that are administered by, and the
policies that are reasonably identifiable as policies
applied by, the assessment manager and that are relevant
to the application;
Note—
However, if the chief executive is the assessment manager for
the application, see section 255B.
(d)
State planning policies, to the extent the policies are not
identified in—
(i)
any relevant regional plan as being appropriately
reflected in the regional plan; or
(ii) the planning scheme as being appropriately
reflected in the planning scheme;
(e)
Page 186
a temporary local planning instrument;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 315]
(f)
a preliminary approval to which section 242 applies;
(g)
a planning scheme;
(h)
for development not in a planning scheme area—any
planning scheme or temporary local planning
instrument for a planning scheme area that may be
materially affected by the development;
(i)
if the assessment manager is an infrastructure
provider—the provider’s LGIP, if any.
Note—
See chapters 2 and 3 for particular provisions about the relationship
between the matters or things mentioned in subsection (2).
(3)
315
In addition to the matters or things against which the
assessment manager must assess the application under
subsection (2), the assessment manager must assess the part of
the application having regard to the following—
(a)
the common material;
(b)
any development approval for, and any lawful use of,
premises the subject of the application or adjacent
premises;
(c)
any referral agency’s response for the application.
Code and impact assessment—superseded planning
scheme
(1)
If the application is a development application (superseded
planning scheme), the assessment manager must assess and
decide the application as if—
(a)
the application were an application to which the
superseded planning scheme applied; and
(b)
the existing planning scheme was not in force; and
(c)
for chapter 8, parts 2 and 3, the infrastructure provisions
of the existing planning scheme applied; and
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 316]
(d)
(2)
316
for section 848, the existing planning scheme policy
applied.
This section applies despite sections 81, 120 and 121.
Assessment for s 242 preliminary approvals that affect a
local planning instrument
(1)
This section applies to an application for a preliminary
approval mentioned in section 242.
(2)
Sections 313 and 314 apply to any part of the application
requiring code or impact assessment.
(3)
Subsection (4) applies to the part of the application that states
the way in which the applicant seeks to vary the effect of any
applicable local planning instrument for the land.
(4)
The assessment manager must assess the part of the
application having regard to—
(a)
the common material; and
(b)
the result of the assessment manager’s assessment of
any parts of the application requiring code or impact
assessment; and
(c)
all of the following to the extent they are relevant to the
application—
(i)
the State planning regulatory provisions;
(ii) the regional plan for a designated region, to the
extent it is not identified in the planning scheme as
being appropriately reflected in the planning
scheme;
(iii) State planning policies, to the extent the policies
are not identified in—
(A)
Page 188
any relevant regional plan as being
appropriately reflected in the regional plan;
or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 317]
(B)
317
the planning scheme as being appropriately
reflected in the planning scheme; and
(d)
the consistency of the proposed variations with aspects
of the local planning instrument, other than the aspects
sought to be varied; and
(e)
the effect the proposed variations would have on any
right of a submitter for following applications, with
particular regard to the amount and detail of supporting
material for the current application available to any
submitters; and
(f)
any referral agency’s response for the application.
Assessment manager may give weight to later planning
instrument, code, law or policy
(1)
(2)
In assessing the application, the assessment manager may
give the weight it is satisfied is appropriate to a planning
instrument, code, law or policy that came into effect after the
application was made, but—
(a)
before the day the decision stage for the application
started; or
(b)
if the decision stage is stopped—before the day the
decision stage is restarted.
However, for a development application (superseded planning
scheme), subsection (1) does not apply to an existing local
planning instrument, other than any infrastructure provisions
or planning scheme policy applied in relation to the
assessment of the application under section 315(1)(c) and (d).
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 318]
Division 3
Decision
Subdivision 1
Decision-making period
318
Decision-making period—generally
(1)
The assessment manager must decide the application within
20 business days after the day the decision stage starts (the
decision-making period).
(2)
The assessment manager may, by written notice given to the
applicant and without the applicant’s agreement, extend the
decision-making period by not more than 20 business days.
(3)
Only 1 notice may be given under subsection (2) and it must
be given before the decision-making period ends.
(4)
However, the decision-making period may be further
extended, including for the purpose of providing further
information to the assessment manager, if the applicant, at any
time before the decision is made, gives written agreement to
the extension.
(5)
If there is a concurrence agency for the application, the
decision must not be made before 10 business days after the
day the information and referral stage ends, unless the
applicant gives the assessment manager written notice that it
does not intend to take action under section 320 or 321.
(6)
Despite subsections (2) and (4), the decision-making period
can not be extended or further extended if the assessment
manager has been given a direction under section 418(1)(c) to
decide the application.
319
Decision-making period—changed circumstances
Despite section 318, the decision-making period starts again
from its beginning—
(a)
Page 190
if a concurrence agency gives a concurrence agency’s
response or an amended concurrence agency’s response
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 320]
under section 290—the day after the response or
amended response is received by the assessment
manager; or
(b)
if the decision-making period is stopped under section
320—the day after the assessment manager receives
further written notice withdrawing the notice stopping
the decision-making period; or
(c)
if the decision-making period is stopped under section
321, the day after the first of the following to happen—
(i)
the assessment manager receives, under section
321, a copy of all reissued concurrence agency’s
responses for the application;
(ii) the assessment manager receives further written
notice withdrawing the notice stopping the
decision-making period.
320
321
Applicant may stop decision-making period to make
representations
(1)
If the applicant wishes to make representations to a referral
agency about the agency’s response, the applicant may, by
written notice given to the assessment manager, for not more
than 3 months, stop the decision-making period at any time
before the decision is made.
(2)
If a notice is given, the decision-making period stops the day
the assessment manager receives the notice.
(3)
The applicant may withdraw the notice at any time.
Applicant may stop decision-making period to request
chief executive’s assistance
(1)
The applicant may, at any time before the application is
decided—
(a)
by written notice (the request) given to the chief
executive, ask the chief executive to resolve conflict
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 323]
between 2 or more concurrence agency’s responses
containing conditions the applicant is satisfied are
inconsistent; and
(b)
by written notice given to the assessment manager, for
not more than 3 months, stop the decision-making
period.
(2)
The request must identify the conditions the applicant is
satisfied are inconsistent.
(3)
After receiving the request, the chief executive must give a
notice acknowledging receipt of the request to the applicant
and each affected concurrence agency.
(4)
In responding to the request, the chief executive may, after
consulting the concurrence agencies, exercise all the powers
of the concurrence agencies necessary to reissue 1 or more
concurrence agency’s responses to address any inconsistency.
(5)
If the chief executive reissues a concurrence agency’s
response, the chief executive must give the response to the
applicant and give a copy of the response to—
(6)
(a)
the affected concurrence agency; and
(b)
the assessment manager.
The applicant may withdraw the notice given under
subsection (1)(b) at any time.
Subdivision 2
323
Decision rules—generally
Application of sdiv 2
This subdivision does not apply to the part of an application
for a preliminary approval mentioned in section 242 that
states the way in which the applicant seeks approval to vary
the effect of any applicable local planning instrument for the
land.
Page 192
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 324]
324
Decision generally
(1)
325
In deciding the application, the assessment manager must—
(a)
approve all or part of the application; or
(b)
approve all or part of the application subject to
conditions decided by the assessment manager; or
(c)
refuse the application.
(2)
The assessment manager’s decision must be based on the
assessments made under division 2.
(3)
The assessment manager’s decision must not be inconsistent
with a State planning regulatory provision.
(4)
To remove any doubt, it is declared that—
(a)
the assessment manager may give a preliminary
approval, other than a preliminary approval to which
section 242 applies, even though the applicant sought a
development permit; and
(b)
if the assessment manager approves only part of an
application, the balance of the application is refused.
Effect of concurrence agency’s response
(1)
If a concurrence agency’s response requires conditions to be
attached to a development approval for the application, the
assessment manager must attach to any approval, in the exact
form given by the concurrence agency, the concurrence
agency conditions.
(2)
If a concurrence agency’s response has, under section
287(1)(b) or (c), stated an action that must be taken, the
assessment manager must take the action.
(3)
If a concurrence agency’s response has, under section
287(1)(d), stated a different period for section 341(1)(b),
(2)(c) or (3)(b), the assessment manager must, on any
development approval, state the period.
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 326]
(4)
326
If a concurrence agency’s response requires the application to
be refused, the assessment manager must refuse it.
Other decision rules
(1)
The assessment manager’s decision must not conflict with a
relevant instrument unless—
(a)
the conflict is necessary to ensure the decision complies
with a State planning regulatory provision; or
(b)
there are sufficient grounds to justify the decision,
despite the conflict; or
(c)
the conflict arises because of a conflict between—
(i)
2 or more relevant instruments of the same type,
and the decision best achieves the purposes of the
instruments; or
Example of a conflict between relevant instruments—
a conflict between 2 State planning policies
(ii) 2 or more aspects of any 1 relevant instrument, and
the decision best achieves the purposes of the
instrument.
Example of a conflict between aspects of a relevant
instrument—
a conflict between 2 codes in a planning scheme
(2)
In this section—
relevant instrument means a matter or thing mentioned in
section 313(2) or 314(2), other than a State planning
regulatory provision, against which code assessment or
impact assessment is carried out.
Page 194
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 327]
Subdivision 3
327
Decision if application under s 242 requires assessment
(1)
328
Decision rules—application under
section 242
In deciding the part of an application for a preliminary
approval mentioned in section 242 that states the way in
which the applicant seeks approval to vary the effect of any
applicable local planning instrument for the premises, the
assessment manager must—
(a)
approve all or some of the variations sought; or
(b)
subject to section 242(3) and (5)—approve different
variations from those sought; or
(c)
refuse the variations sought.
(2)
The assessment manager’s decision must be based on the
assessments made under division 2.
(3)
The assessment manager’s decision must not be inconsistent
with a State planning regulatory provision.
(4)
To the extent development applied for under other parts of the
application is refused, any variation relating to the
development must also be refused.
Effect of concurrence agency’s response
(1)
If the part of the application is approved and a concurrence
agency’s response has, under section 287(5)(b), stated an
action that must be taken, the assessment manager must take
the action.
(2)
If a concurrence agency’s response requires the variations to
be refused, the assessment manager must refuse the
variations.
Current as at 19 December 2014
Page 195
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 329]
329
Other decision rules
(1)
The assessment manager’s decision must not conflict with a
relevant instrument unless—
(a)
the conflict is necessary to ensure the decision complies
with a State planning regulatory provision; or
(b)
there are sufficient grounds to justify the decision,
despite the conflict; or
(c)
the conflict arises because of a conflict between—
(i)
2 or more relevant instruments of the same type,
and the decision best achieves the purposes of the
instruments; or
Example of a conflict between relevant instruments—
a conflict between 2 State planning policies
(ii) 2 or more aspects of any 1 relevant instrument, and
the decision best achieves the purposes of the
instrument.
Example of a conflict between aspects of a relevant
instrument—
a conflict between 2 codes
(2)
In this section—
relevant instrument means a matter or thing mentioned in
section 316(4)(c) or (d), other than a State planning regulatory
provision, the assessment manager must have regard to in
assessing the part of the application.
Subdivision 4
330
Deemed decision for particular
applications
Application of sdiv 4
This subdivision applies to an application requiring code
assessment only, other than—
Page 196
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 331]
(a)
an application for a preliminary approval to which
section 242 applies; or
(b)
an application that a concurrence agency has directed
the assessment manager to refuse or approve in part
only; or
(c)
an application for development—
(i)
in a wet tropics area under the Wet Tropics World
Heritage Protection and Management Act 1993; or
(ii) in a strategic environmental area under the
Regional Planning Interests Act 2014; or
(iii) on a Queensland heritage place; or
(iv) in a protected area, critical habitat or area of major
interest under the Nature Conservation Act 1992;
or
331
(d)
a vegetation clearing application under the Vegetation
Management Act; or
(e)
a building development application; or
(f)
an application for which chapter 9, part 7 applies.
Deemed approval of applications
(1)
If the assessment manager does not decide the application
within the decision-making period, including any extension of
the period, the applicant may before the application is decided
give written notice (a deemed approval notice) to the
assessment manager that the application should be deemed to
have been approved by the assessment manager.
(2)
A deemed approval notice for an application must be in the
approved form.
(3)
If the applicant acts under subsection (1), the applicant must
at the same time give a copy of the deemed approval notice to
each entity mentioned in section 334(1)(b) or (c) that would
be entitled to receive a decision notice for the application.
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 331]
(4)
Subsections (5) to (9) apply if the applicant gives the
assessment manager a deemed approval notice for an
application.
(5)
For this Act, the assessment manager is taken to have decided
to approve the application on the day the deemed approval
notice is received.
(6)
Despite section 334(2), the assessment manager must, within
10 business days after receiving the deemed approval notice,
give the applicant a decision notice approving the application
or approving the application subject to conditions.
(7)
Despite section 324(4)(a), a decision notice given for the
application after a deemed approval notice is received must
state that the approval is—
(8)
Page 198
(a)
if a concurrence agency has directed that any approval
for the application must be a preliminary approval
only—a preliminary approval; or
(b)
if the application is for a preliminary approval—a
preliminary approval; or
(c)
if the application is for a development permit and
paragraph (a) does not apply—a development permit; or
(d)
if the application is for a preliminary approval and a
development permit, and paragraph (a) does not
apply—a combined preliminary approval and
development permit.
If a decision notice or negotiated decision notice is not given
for the application, the approval is taken to be a development
approval given by the assessment manager in the form of—
(a)
if a concurrence agency has directed that any approval
for the application must be a preliminary approval
only—a preliminary approval; or
(b)
if the application is for a preliminary approval—a
preliminary approval; or
(c)
if the application is for a development permit and
paragraph (a) does not apply—a development permit; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 332]
(d)
(9)
332
if the application is for a preliminary approval and a
development permit, and paragraph (a) does not
apply—a combined preliminary approval and
development permit.
If a decision notice is not given and a concurrence agency’s
response tells the assessment manager a different period for
section 341(1)(b), (2)(c) or (3)(b), the different period applies
for the deemed approval.
Standard conditions for deemed approvals
(1)
If the assessment manager does not give a decision notice for
the application, the deemed approval is subject to the
conditions (the standard conditions) made by the Minister
and in effect at the time the deemed approval notice was given
to the assessment manager.
(2)
Before making or amending the standard conditions, the
Minister must consult with the persons or entities the Minister
considers appropriate.
(3)
The Minister must notify the making or amendment of the
standard conditions in the gazette.
(4)
If a deemed approval is subject to the standard conditions, the
conditions are taken to have been imposed by the assessment
manager.
(5)
This section does not limit section 244.
Example for subsection (5)—
If an assessment manager does not give a decision notice for an
application and a concurrence agency’s response required conditions to
be imposed on the development approval, the concurrence agency
conditions apply to the approval in addition to the standard conditions.
333
Limitation on giving deemed approval notice
(1)
If, under a provision of an Act, the assessment manager can
not decide an application until an action or thing is done or
happens, the applicant can not give a deemed approval notice
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 334]
for an application to which this subdivision applies until the
action or thing is done or happens.
(2)
If the Minister gives the assessment manager a direction under
section 418(1)(b) for a particular application, the applicant
can not give a deemed approval notice for the application until
the end of the period stated in the direction for deciding the
application.
(3)
This section applies despite section 331(1).
Division 4
334
Notice of decision
Assessment manager to give notice of decision
(1)
The assessment manager must give written notice of the
decision in the approved form (the decision notice) to—
(a)
the applicant; and
(b)
each referral agency; and
(c)
if the assessment manager is not the local government
and the development is in a local government area—the
local government; and
(d)
if the application is a building development
application—each designated person for the application.
(2)
The decision notice must be given within 5 business days after
the day the decision is made.
(3)
In this section—
designated person, for a building development application,
means—
Page 200
(a)
if the building to which the application relates is, under
the BCA, a single detached class 1a building or a class
10 building or structure—the owner of the building; and
(b)
any other person nominated on the approved form under
section 260(2), as the person to receive documents.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 335]
335
Content of decision notice
(1)
The decision notice must state the following—
(a)
the day the decision was made;
(b)
the name and address of each referral agency;
(c)
whether the application is approved, approved subject to
conditions or refused;
(d)
whether the assessment manager is taken to have
approved the application under section 331;
(e)
if the application is approved subject to conditions—
(i)
the conditions; and
(ii) whether each condition is a concurrence agency or
assessment manager condition, and if a
concurrence agency condition, the name of the
concurrence agency; and
(iii) for each condition about infrastructure imposed
under chapter 8—the provision under which the
condition was imposed;
(f)
if the application is refused—
(i)
whether the assessment manager was directed to
refuse the application and, if so, the name of the
concurrence agency directing refusal and whether
the refusal is solely because of the concurrence
agency’s direction; and
(ii) for a refusal for any reason other than because of a
concurrence agency’s direction—the reasons for
the refusal;
(g)
if the application is approved—whether the approval is a
preliminary approval, a development permit or a
combined preliminary approval and development
permit;
(h)
if all or part of the application is for a preliminary
approval mentioned in section 242 and a variation to an
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 335]
applicable local planning instrument has been approved
under this Act—the variation;
(i)
any other development permits or compliance permits
necessary to allow the development to be carried out;
(j)
any code the applicant may need to comply with for
self-assessable development related to the development
approved;
(k)
details of any compliance assessment required under
part 10 for documents or work in relation to the
development;
(l)
whether or not there were any properly made
submissions about the application and for each properly
made submission, the name and address of the principal
submitter;
(m) whether the assessment manager considers the
assessment manager’s decision conflicts with a relevant
instrument;
(n)
if the assessment manager is satisfied the decision
conflicts with a relevant instrument—the reasons for the
decision, including a statement of the sufficient grounds
mentioned in sections 326(1)(b) and 329(1)(b);
(o)
the rights of appeal for the applicant and any submitters.
(2)
To remove doubt, it is declared that subsection (1)(n) does not
require the assessment manager to give reasons for each
condition of approval.
(3)
Also, if the application is a building development application,
the decision notice must—
Page 202
(a)
include the approved drawings for the development
approval; and
(b)
if the development involves building work that is
building, repairing or altering a building—state the
classification or proposed classification of the building
or parts of the building under the BCA.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 336]
(6)
If the application is taken to have been approved under section
331, the decision notice need not include the matters
mentioned in subsection (1)(m) or (n).
(7)
In this section—
relevant instrument, in relation to an assessment manager’s
decision, means a matter or thing mentioned in section 313(2),
314(2) or 316(4)(c) or (d), other than a State planning
regulatory provision, against which the assessment was
carried out or to which the assessment manager had regard.
336
Material to be given with decision notice
When the assessment manager gives a decision notice under
section 334, the assessment manager must also give a copy
of—
337
(a)
any relevant appeal provisions; and
(b)
any plans and specifications approved by the assessment
manager in relation to the decision notice.
Assessment manager to give copy of decision notice to
principal submitter
(1)
(2)
If the application is approved, the assessment manager must
give a copy of the decision notice to each principal submitter
within 5 business days after the earliest of the following
happens—
(a)
the applicant gives the assessment manager a written
notice stating that the applicant does not intend to make
representations mentioned in section 361(1);
(b)
the applicant gives the assessment manager notice of the
applicant’s appeal;
(c)
the applicant’s appeal period ends.
If the application is refused, the assessment manager must
give a copy of the decision notice to each principal submitter
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 338]
at about the same time as the decision notice is given to the
applicant.
(3)
338
A copy of the relevant appeal provisions must also be given
with each copy of the decision notice.
Decision notice given by private certifier
If the decision notice is given by a private certifier, sections
334 to 337 apply subject to the Building Act, chapter 4, part 6.
Division 5
339
Approvals
When approval takes effect
(1)
If the application is approved, or approved subject to
conditions, the decision notice, or if a negotiated decision
notice is given, the negotiated decision notice, is taken to be
the development approval and has effect—
(a)
if there is no submitter and the applicant does not appeal
the decision to the court or a building and development
committee, from when—
(i)
the decision notice is given; or
(ii) if a negotiated decision notice is given—the
negotiated decision notice is given; or
(b)
if there is a submitter and the applicant does not appeal
the decision to the court or a building and development
committee—
(i)
when the submitter’s appeal period ends; or
(ii) if the last submitter gives the assessment manager
written notice that the submitter will not be
appealing the decision before the period mentioned
in subparagraph (i) ends—on the day the last
submitter gives the notice; or
Page 204
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 339]
(c)
(2)
(3)
if an appeal is made to the court or a building and
development committee, subject to sections 490(3) and
553(3) and the decision of the court or committee under
section 496 or 564—when the appeal is finally decided
or withdrawn.
However, if the approval relates to land that was acquisition
land to which section 263(2)(b) applied when the application
was made, the development approval does not have effect
until the later of the following—
(a)
the day the land is taken or acquired under the State
Development and Public Works Organisation Act 1971
or the Acquisition Act;
(b)
the time the development approval would, other than for
this subsection, have effect.
If a decision notice or negotiated decision notice is not given
for an application to which a deemed approval relates, the
deemed approval has effect—
(a)
if the applicant does not appeal the decision to the court
or a building and development committee, from when
the decision notice should have been given under section
331(6); or
(b)
if an appeal is made to the court or a building and
development committee, subject to sections 490(3) and
553(3) and the decision of the court or committee under
section 496 or 564—when the appeal is finally decided
or withdrawn.
(4)
If a submitter acts under subsection (1)(b)(ii), the assessment
manager must give the applicant a copy of the submitter’s
notice.
(5)
In this section—
submitter includes an advice agency that has told the
assessment manager to treat its response as a properly made
submission.
Current as at 19 December 2014
Page 205
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 340]
340
When development may start
(1)
(2)
341
Development may start—
(a)
when a development permit for the development takes
effect; or
(b)
if an application for a development permit is taken to
have been approved under section 331 and the
assessment manager does not give a decision notice for
the application—when the deemed approval for the
application has effect.
Subsection (1) applies subject to any condition applying under
section 346(1)(b) to a development approval for the
development.
When approval lapses if development not started
(1)
(2)
(3)
Page 206
To the extent a development approval is for a material change
of use of premises, the approval lapses if the first change of
use under the approval does not start within the following
period (the relevant period)—
(a)
4 years starting the day the approval takes effect;
(b)
if the approval states a different period from when the
approval takes effect—the stated period.
To the extent a development approval is for reconfiguring a
lot, the approval lapses if a plan for the reconfiguration is not
given to the local government within the following period
(also the relevant period)—
(a)
for reconfiguration not requiring operational works—2
years starting the day the approval takes effect;
(b)
for reconfiguration requiring operational works—4
years starting the day the approval takes effect;
(c)
if the approval states a different period from when the
approval takes effect—the stated period.
To the extent a development approval is for development other
than a material change of use of premises or reconfiguring a
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 341]
lot, the approval lapses if the development does not
substantially start within the following period (also the
relevant period)—
(a)
2 years starting the day the approval takes effect;
(b)
if the approval states a different period from when the
approval takes effect—the stated period.
(4)
Despite subsections (1) and (2), if there are 1 or more related
approvals for a development approval mentioned in
subsection (1) or (2), the relevant period is taken to have
started on the day the latest related approval takes effect.
(5)
If a monetary security has been given in relation to any
development approval, the security must be released if the
approval lapses under this section.
(6)
The lapsing of a development approval for a material change
of use of premises or reconfiguring a lot does not cause an
approval mentioned in subsection (3) to lapse.
(7)
In this section—
related approval, for a development approval for a material
change of use of premises (the earlier approval), means—
(a)
the first development approval for a development
application made to a local government or private
certifier, or first compliance permit for a request for
compliance assessment made to a local government or
entity nominated by a local government, within 2 years
of the start of the relevant period, that is—
(i)
to the extent the earlier approval is a preliminary
approval—a development permit or compliance
permit for the material change of use of premises;
or
(ii) to the extent the earlier approval is a development
permit or a preliminary approval for development
mentioned in section 242(3)(a)(i) or (ii)—a
development permit or compliance permit for
building work or operational work necessary for
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 341]
the material change of use of premises to take
place; and
(b)
each further development permit, for a development
application made to a local government or private
certifier within 2 years of the day the last related
approval takes effect, that is for building work or
operational work necessary for the material change of
use of premises to take place; and
(c)
each further compliance permit, for a request for
compliance assessment made to a local government or
entity nominated by a local government within 2 years
of the day the last related approval takes effect, that is
for building work or operational work necessary for the
material change of use of premises to take place.
related approval, for a development approval
reconfiguring a lot (also the earlier approval), means—
(a)
for
the first development permit for a development
application made to a local government, or first
compliance permit for a request for compliance
assessment made to a local government or entity
nominated by a local government, within 2 years of the
start of the relevant period, that is—
(i)
to the extent the earlier approval is a preliminary
approval—for the reconfiguration; or
(ii) to the extent the earlier approval is a development
permit for reconfiguring a lot—for operational
work related to the reconfiguration; and
Page 208
(b)
each further development permit, for a development
application made to a local government within 2 years
of the day the last related approval takes effect, that is
for operational work related to the reconfiguration; and
(c)
each further compliance permit, for a request for
compliance assessment made to a local government or
entity nominated by a local government within 2 years
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 342]
of the day the last related approval takes effect, that is
for operational work related to the reconfiguration.
342
When approval lapses if development started but not
completed—general
(1)
343
Subsection (2) applies if—
(a)
a condition requires assessable development, or an
aspect of assessable development, to be completed
within a particular time; and
(b)
the assessable development, or aspect, is started but not
completed within the time.
(2)
The approval, to the extent it relates to the assessable
development or aspect not completed, lapses.
(3)
However, even though the approval has lapsed, any security
paid under a condition mentioned in section 346(1)(f) may be
used in a way stated by the approval, including, for example,
to finish the development.
(4)
This section does not apply to a preliminary approval to which
section 242 applies.
When approval lapses if development started but not
completed—preliminary approval
(1)
This section applies to a preliminary approval to which
section 242 applies if development, or an aspect of
development, to which the approval relates is started but not
completed within the prescribed period for the approval.
(2)
The approval, to the extent it relates to the development or
aspect not completed, lapses at the end of the prescribed
period.
(3)
In this section—
prescribed period, for a preliminary approval to which section
242 applies, means—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 344]
(a)
if a condition of the approval requires development, or
an aspect of development, to which the approval relates
to be completed within a stated period—the stated
period; or
(b)
if paragraph (a) does not apply—the period, if any,
nominated by the applicant for that purpose and stated
in the application to which the approval relates; or
(c)
if paragraphs (a) and (b) do not apply—
(i)
5 years after the day the preliminary approval takes
effect; or
(ii) if there is 1 or more related approvals for the
preliminary approval—5 years after the day the
last related approval takes effect.
related approval, for a preliminary approval, means a related
approval for the preliminary approval under section 341(7).
Division 6
344
Conditions
Application of div 6
This division applies to each condition in a development
approval whether the condition is a condition—
345
(a)
a concurrence agency directs an assessment manager to
impose; or
(b)
decided by an assessment manager; or
(c)
attached to the approval under the direction of the
Minister.
Conditions must be relevant or reasonable
(1)
Page 210
A condition must—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 346]
(2)
346
(a)
be relevant to, but not an unreasonable imposition on,
the development or use of premises as a consequence of
the development; or
(b)
be reasonably required in relation to the development or
use of premises as a consequence of the development.
Subsection (1) applies despite the laws that are administered
by, and the policies that are reasonably identifiable as policies
applied by, an assessment manager or concurrence agency.
Conditions generally
(1)
(2)
A condition may—
(a)
place a limit on how long a lawful use may continue or
works may remain in place; or
(b)
state a development may not start until other
development permits or compliance permits, for
development on the same premises, have been given or
other development on the same premises, including
development not covered by the development
application, has been substantially started or completed;
or
(c)
require compliance with an infrastructure agreement
relating to the land; or
(d)
require a document or work to be subject to compliance
assessment; or
(e)
require development, or an aspect of development, to be
completed within a particular time; or
(f)
require the payment of security under an agreement
under section 348 to support a condition mentioned in
paragraph (e).
A condition imposed under subsection (1)(c) is taken to
comply with section 345.
Current as at 19 December 2014
Page 211
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 346A]
Note—
See chapter 8, parts 2 and 3 for other conditions that may be imposed on
a development approval.
346A Environmental offset conditions
(1)
This section applies to a condition that requires or otherwise
relates to an environmental offset (an environmental offset
condition).
(3)
If the applicant has entered into an agreement about an
environmental offset for this section, a condition may require
the applicant to comply with the agreement.
(3A) An agreement entered into under subsection (3) is not an
environmental offset agreement under the Environmental
Offsets Act 2014.
(3B) Section 347(1)(b) and (c) does not apply in relation to a
deemed condition.
(4)
(5)
A condition imposed under subsection (3)—
(a)
is taken to comply with section 345; and
(b)
is not invalid on the ground of being uncertain or
lacking finality.
If an entity other than the applicant agrees, under an
agreement mentioned in subsection (3), to carry out works
required for the development, section 347(1)(b) and (c) do not
apply to a condition stating that those works must be
undertaken by the entity.
Note—
Also, under section 348, the applicant may enter into an agreement to
establish the obligations, or secure the performance, of a party to the
agreement about an environmental offset condition.
(6)
Page 212
An environmental offset condition may require an
environmental offset to be undertaken on land on which the
development is undertaken or on other land in the State.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 346B]
346B Conditions of authority
(1)
This section applies if, on or after the commencement of this
section, a condition comes into force that is an environmental
offset condition under section 346A.
(2)
To the extent the environmental offset condition is
inconsistent with a deemed condition, the deemed condition
prevails.
Note—
See the Environmental Offsets Act 2014, section 5(3). Under that
provision, particular imposed conditions prevail over deemed
conditions.
347
Conditions that can not be imposed
A condition must not—
(a)
be inconsistent with a condition of an earlier
development approval or compliance permit still in
effect for the development; or
(b)
other than under chapter 8, part 2 or 3— require a
monetary payment for the establishment, operating or
maintenance costs of, or works to be carried out—
(i)
for development infrastructure; or
(ii) for the imposition of a condition by a State
infrastructure provider— infrastructure or works to
protect or maintain the infrastructure operation; or
Note—
Chapter 8, parts 2 and 3 deal with infrastructure
conditions.
(c)
state that works required to be carried out for a
development must be undertaken by an entity other than
the applicant; or
(d)
require an access restriction strip; or
(e)
limit the time a development approval has effect for a
use or work forming part of a network of community
Current as at 19 December 2014
Page 213
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 5 Decision stage
[s 347A]
infrastructure,
other
than
State-owned
State-controlled transport infrastructure; or
(f)
or
require a person to enter into an infrastructure
agreement.
347A Conditions about water infrastructure
(1)
This section applies if an assessment manager or concurrence
agency is a participating local government of a
distributor-retailer.
(2)
A condition can not be imposed in relation to the
distributor-retailer’s water infrastructure about a matter for
which the SEQ Water Act requires a water approval.
Examples of conditions that can not be imposed—
(3)
348
•
works to be carried out
•
a monetary payment
•
land in fee simple to be given
•
that an infrastructure agreement be entered into
However, a condition may be imposed that any necessary
water approval under the SEQ Water Act must be obtained
from a distributor-retailer.
Agreements
The applicant may enter into an agreement with an entity,
including, for example, an assessment manager or a
concurrence agency, to establish the obligations, or secure the
performance, of a party to the agreement about a condition.
349
Covenants not to be inconsistent with development
approvals
(1)
Page 214
Subsection (2) applies if a covenant under the Land Act 1994,
section 373A(4) or the Land Title Act 1994, section 97A(3)(a)
or (b) is entered into in connection with a development
application.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 6 Changing or withdrawing development applications
[s 350]
(2)
The covenant is of no effect unless it is entered into—
(a)
as a requirement of a condition of a development
approval for the application; or
(b)
under an infrastructure agreement.
Part 6
Changing or withdrawing
development applications
Division 1
Preliminary
350
Meaning of minor change
(1)
A minor change in relation to an application, is any of the
following changes to the application—
(a)
a change that merely corrects a mistake about the name
or address of the applicant or owner, or the address or
other property details of the land to which the
application applies, if the assessment manager is
satisfied the change would not adversely affect the
ability of a person to assess the changed application;
(b)
a change of applicant, if the assessment manager is
satisfied the change would not adversely affect the
ability of a person to assess the changed application;
(c)
a change that merely corrects a spelling or grammatical
error;
(d)
a change that—
(i)
does not result in a substantially different
development; and
(ii) does not require the application to be referred to
any additional referral agencies; and
Current as at 19 December 2014
Page 215
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 6 Changing or withdrawing development applications
[s 351]
(iii) does not change the type of development approval
sought; and
(iv) does not require impact assessment for any part of
the changed application, if the original application
did not involve impact assessment.
(2)
In deciding whether a change is a minor change under
subsection (1)(d), the planning instruments or law in force at
the time the change was made apply (the applicable law).
(3)
Application of the applicable law does not stop a change
mentioned in subsection (1)(d)(ii) or (iv) from being a minor
change only because the applicable law, if applied to the
application as originally made, would require referral to any
additional referral agencies or involve impact assessment.
Division 2
351
Procedure for changing
applications
Changing application
(1)
Before an application is decided, the applicant may change
the application by giving the assessment manager written
notice of the change.
Note—
An assessment manager or concurrence agency may, in an information
request, advise an applicant about changing an application. See section
276 (Information request to applicant).
(2)
(3)
Page 216
An applicant can not change an application if the change
would, if the application were remade including the change,
result in the application—
(a)
not being a properly made application; or
(b)
involving prohibited development.
Subsection (2)(a) does not apply to the applicant if the
applicant takes the action that would be necessary to make the
application a properly made application if it were remade.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 6 Changing or withdrawing development applications
[s 352]
(4)
352
If the change to the application is, or includes, a change of
applicant, the notice of the change—
(a)
may be given to the assessment manager by the person
proposing to become the applicant; and
(b)
must be accompanied by the written consent of the
person who is the applicant immediately before the
change.
Assessment manager to advise referral agencies about
changed applications
When the assessment manager receives notice of the change,
the assessment manager must give a copy of the notice to the
following entities and advise them of its effect under division
3—
(a)
any referral agencies for the original application;
(b)
if the change requires the application to be referred to a
referral agency, other than a referral agency mentioned
in paragraph (a)—the referral agency.
Note—
Under section 290(1)(b)(ii), a concurrence agency may amend its
concurrence agency’s response for particular changes to the application.
Division 3
353
Changed applications—effect on
IDAS
Effect on IDAS—minor change
(1)
IDAS does not stop for a changed application if the change is
a minor change of the application.
(2)
For a changed application, the notification stage does not
again apply, and is not required to restart, if—
(a)
the change is a minor change; and
Current as at 19 December 2014
Page 217
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 6 Changing or withdrawing development applications
[s 354]
354
(b)
the notification stage applied to the original application;
and
(c)
the change was made during the notification stage or
after the notification stage ended.
Effect on IDAS—changes about matters relating to
submissions or information requests
(1)
This section applies to a changed application if—
(a)
the change is not a minor change of the application; and
(b)
the assessment manager is satisfied the change—
(i)
only deals with a matter raised in a properly made
submission for the application; or
(ii) is in response to an information request.
(2)
IDAS does not stop for the changed application.
(3)
Subsection (4) applies if the notification stage applied to the
original application and the change was made during the
notification stage or after the notification stage ended.
(4)
The notification stage must restart or be repeated unless the
assessment manager is satisfied the change would not be
likely to attract a submission objecting to the thing comprising
the change, if the notification stage were to apply to the
change.
(5)
Also, if the notification stage applies to the changed
application, the assessment manager can not decide the
application until the notification stage has ended.
355
Effect on IDAS—other changes
(1)
Page 218
Subsection (2) applies to a changed application if—
(a)
the change is not a minor change; and
(b)
the assessment manager is satisfied the change is not a
change that—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 6 Changing or withdrawing development applications
[s 356]
(i)
only deals with a matter raised in a properly made
submission for the application; or
(ii) is in response to an information request.
(2)
The IDAS process stops on the day the notice of the change is
received by the assessment manager and starts again from the
start of the acknowledgement period.
(3)
Subsection (4) applies to a changed application if—
(4)
(a)
the IDAS process has stopped under subsection (2) for
the application; and
(b)
the notification stage applied to the original application;
and
(c)
the change was made during the notification stage or
after the notification stage ended.
The notification stage must be repeated unless the assessment
manager is satisfied the change would not be likely to attract a
submission objecting to the thing comprising the change, if
the notification stage were to apply to the change.
Division 4
356
Withdrawing applications
Withdrawing an application
(1)
(2)
At any time before the application is decided, the applicant
may withdraw the application by giving written notice of the
withdrawal to—
(a)
the assessment manager; and
(b)
any referral agency.
If within 1 year of withdrawing the application, the applicant
makes a later application that is not substantially different
from the withdrawn application, any properly made
submission about the withdrawn application is taken to be a
properly made submission about the later application.
Current as at 19 December 2014
Page 219
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 7 Missed referral agencies
[s 357]
Part 7
357
Missed referral agencies
Notice of missed referral agency
(1)
This section applies if an applicant has not referred an
application to a referral agency (the missed referral agency)
as required under section 272.
(2)
A party to the application may, by written notice given to each
other party to the application, advise the other parties that the
applicant has not referred the application as required under
section 272.
(3)
In this section—
party, to an application, means the applicant, assessment
manager and each referral agency for the application.
358
Effect of missed referral agency on information and
referral stage and notification stage
(1)
This section applies if a notice is given under section 357(2)
during the information and referral stage or the notification
stage for the application.
(2)
Despite section 273, the application does not lapse.
(3)
The IDAS process for the application does not stop.
(4)
However, the decision stage for the application does not start
until—
(a)
the information and referral stage is carried out in
relation to the missed referral agency; and
(b)
either—
(i)
all referral agency’s responses for the application
have been received; or
(ii) all referral agency’s assessment periods for the
application have ended; and
(c)
Page 220
the notification stage has ended.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 7 Missed referral agencies
[s 359]
359
(5)
If the applicant gives the notice under section 357(2), the
applicant must comply with section 272 for the missed
referral agency within 10 business days after giving the
notice.
(6)
If another party to the application gives the notice under
section 357(2), the applicant must comply with section 272
for the missed referral agency within 10 business days after
receiving the notice.
(7)
If the notice under section 357(2) is given during the
notification stage for the application and the applicant has
started or carried out notification under section 297,
notification under section 297 need not be restarted or carried
out again for the application.
Effect of missed referral agency on decision stage
(1)
This section applies if a notice is given under section 357(2)
during the decision stage for the application and before the
application is decided.
(2)
Despite section 273, the application does not lapse.
(3)
The application can not be decided until the information and
referral stage for the application is carried out in relation to
the missed referral agency.
(4)
If the applicant gives the notice under section 357(2), the
applicant must comply with section 272 for the missed
referral agency within 10 business days after giving the
notice.
(5)
If another party to the application gives the notice under
section 357(2), the applicant must comply with section 272
for the missed referral agency within 10 business days after
receiving the notice.
(6)
The applicant is not required to again carry out notification
under section 297 for the application, if the notification has
been carried out.
(7)
The decision stage for the application starts again—
Current as at 19 December 2014
Page 221
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 360]
(a)
on the day the referral agency’s response for the missed
referral agency is received by the assessment manager;
or
(b)
if the missed referral agency does not give a referral
agency’s response—on the day the referral agency’s
assessment period of the missed referral agency ends.
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
This division applies only during the applicant’s appeal
period.
361
Applicant may make representations about decision
(1)
(2)
Page 222
The applicant may make written representations to the
assessment manager about—
(a)
a matter stated in the decision notice, other than a
refusal or a matter about which a concurrence agency
told the assessment manager under section 287(1) or
(5); or
(b)
the standard conditions applying to a deemed approval.
However, the applicant can not make representations under
subsection (1)(a) about a condition attached to an approval
under the direction of the Minister.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 362]
362
Assessment manager to consider representations
The assessment manager must consider any representations
made to the assessment manager under section 361.
363
Decision about representations
(1)
If the assessment manager agrees with any of the
representations about a decision notice or a deemed approval,
the assessment manager must give a new decision notice (the
negotiated decision notice) to—
(a)
the applicant; and
(b)
each principal submitter; and
(c)
each referral agency; and
(d)
if the assessment manager is not the local government
and the development is in a local government area—the
local government.
(2)
Before the assessment manager agrees to a change under this
section, the assessment manager must consider the matters the
assessment manager was required to consider in assessing the
application, to the extent the matters are relevant.
(3)
Only 1 negotiated decision notice may be given.
(4)
The negotiated decision notice—
(a)
must be given within 5 business days after the day the
assessment manager agrees with the representations;
and
(b)
must comply with section 335; and
(c)
must state the nature of the changes; and
(d)
replaces—
(i)
the decision notice previously given; or
(ii) if a decision notice was not previously given and
the negotiated decision notice relates to a deemed
Current as at 19 December 2014
Page 223
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 364]
approval—the standard conditions applying to the
deemed approval.
(5)
364
If the assessment manager does not agree with any of the
representations, the assessment manager must, within 5
business days after the day the assessment manager decides
not to agree with any of the representations, give written
notice to the applicant stating the decision about the
representations.
Giving new notice about charges for infrastructure
(1)
This section applies if the development approved by the
negotiated decision notice is different from the development
approved in the decision notice or deemed approval in a way
that affects the amount of a levied charge.
(2)
The local government may give the applicant a new
infrastructure charges notice to replace the original notice.
366
Applicant may suspend applicant’s appeal period
(1)
If the applicant needs more time to make the representations,
the applicant may, by written notice given to the assessment
manager, suspend the applicant’s appeal period.
(2)
The applicant may act under subsection (1) only once.
(3)
If the representations are not made within 20 business days
after the day written notice was given to the assessment
manager, the balance of the applicant’s appeal period restarts.
(4)
If the representations are made within 20 business days after
the day written notice was given to the assessment manager—
(a)
Page 224
if the applicant gives the assessment manager a notice
withdrawing the notice under subsection (1)—the
balance of the applicant’s appeal period restarts the day
after the assessment manager receives the notice of
withdrawal; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 367]
(b)
if the assessment manager gives the applicant a notice
under section 363(5)—the balance of the applicant’s
appeal period restarts the day after the applicant receives
the notice; or
(c)
if the assessment manager gives the applicant a
negotiated decision notice—the applicant’s appeal
period starts again the day after the applicant receives
the negotiated decision notice.
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
(1)
A permissible change, for a development approval, is a
change to the approval that would not, because of the
change—
(a)
result in a substantially different development; or
(b)
if the application for the approval were remade
including the change—
(i)
require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that
previously
did
not
require
impact
assessment—require impact assessment; or
(c)
for an approval for assessable development that
previously required impact assessment—be likely, in the
responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed
change, if the circumstances allowed; or
Current as at 19 December 2014
Page 225
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 368]
(d)
(2)
368
cause development to which the approval relates to
include any prohibited development.
For deciding whether a change is a permissible change under
subsection (1)(b) or (d), the planning instruments or law in
force at the time the request for the change was made apply.
Notice about proposed change before request is made
(1)
This section applies if a person proposes to make a request
under section 369 to change a development approval.
(2)
Before making the request, the person may advise any
relevant entity about the person’s intention to make the
request and the details of the proposed change.
(3)
The relevant entity may give the person a written notice (a
pre-request response notice) stating whether or not the entity
objects to the proposed change.
(4)
In this section—
relevant entity means an entity to whom the person would,
under section 372, be required to give a copy of the request if
it were made.
Subdivision 2
369
Procedure for changing approvals
Request to change development approval
(1)
Page 226
If a person wants to make a permissible change to a
development approval, the person must by written notice ask
the following entity (the responsible entity) stated for the
change or approval to make the change—
(a)
if the change is to a condition imposed by the Minister
under part 11, division 1—the Minister;
(b)
if the approval was given by the Minister under part 11,
division 2—the Minister;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 370]
370
(c)
if the change is to a condition of the approval imposed
by a concurrence agency—the concurrence agency;
(d)
if the approval was given by the court—the court;
(e)
for another change or approval—the assessment
manager for the application to which the approval
relates.
(2)
If a request is made to the Minister under subsection (1)(b)
and the Minister is satisfied the change does not affect a State
interest, the Minister may refer the request to the original
assessment manager.
(3)
If the Minister refers the request to the original assessment
manager, the original assessment manager is taken to be the
responsible entity for the development approval.
(4)
If the development approval is for building work or
operational work for the supply of community infrastructure
on land designated for the community infrastructure, a request
under subsection (1) may be made only by the person who
intends to supply, or is supplying, the infrastructure.
Notice of request
(1)
If the responsible entity has a form for the request under
section 369, the request must be in the form.
(2)
Also, the request must be accompanied by—
(a)
the fee for the request—
(i)
if the responsible entity is a local
government—fixed by a resolution of the local
government; or
(ii) if the responsible entity is another public sector
entity or the Minister—prescribed under a
regulation under this or another Act; and
(b)
a copy of any pre-request response notice relevant to the
request; and
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 371]
(c)
(3)
371
evidence to show the person making the request has
complied with section 372.
The request may be accompanied by other information the
person making the request considers relevant.
When owner’s consent required for request
If the person making the request is not the owner of the land to
which the development approval attaches, the request must be
accompanied by the owner’s consent unless—
(a)
the approval relates to land that was acquisition land to
which section 263(2)(b) applied when the application
for the approval was made; or
(b)
the approval is for building work or operational work for
the supply of community infrastructure on land
designated for the community infrastructure; or
(c)
the consent of the owner would not be required under
section 263(1) if a development application were made
for the requested change; or
(d)
the responsible entity is satisfied that—
(i)
having regard to the nature of the proposed change,
the owner has unreasonably withheld consent; and
(ii) the requested change does not materially affect the
owner’s land; or
(e)
the responsible entity is satisfied that—
(i)
because of the number of owners of the land, it is
not practicable to obtain the owners’ consent; and
(ii) the requested change does not materially affect the
owners’ land.
Example for paragraph (e)(i)—
It may not be practicable to obtain the consent of all the
owners of land if the land was subdivided, after the
development approval was given, and is subsequently
owned by multiple persons.
Page 228
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 372]
372
Copy of request to be given to particular entities
(1)
When the person makes the request, the person must give a
copy of the request to the following—
(a)
if the responsible entity is a concurrence agency—
(i)
the assessment manager for the application to
which the development approval applies (the
original application); and
(ii) any other concurrence agencies for the original
application;
(2)
(b)
if the responsible entity is the Minister or the court—the
assessment manager and any concurrence agencies for
the original application;
(c)
if the responsible entity is the assessment manager—any
concurrence agencies for the original application;
(d)
another entity prescribed under a regulation.
Despite subsection (1), the person need not give a copy of the
request to an entity that has given the person a pre-request
response notice for the request.
Subdivision 3
373
Assessing and deciding request for
change
Particular entities to assess request for change
(1)
(2)
An entity given a copy of the request under section 372 must,
within 20 business days after receiving the request, give the
responsible entity a written notice advising—
(a)
it has no objection to the change being made; or
(b)
it objects to the change being made and the reasons for
the objection.
If the entity (the relevant entity) does not give a written notice
within 20 business days after receiving the copy of the
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 374]
request, the responsible entity must decide the request as if the
relevant entity had no objection to the request.
374
Responsible entity to assess request
(1)
(2)
375
To the extent relevant, the responsible entity must assess the
request having regard to—
(a)
the information the person making the request included
with the request; and
(b)
the matters the responsible entity would have regard to if
the request were a development application; and
(c)
if submissions were made about
application—the submissions; and
(d)
any notice about the request given under section 373 to
the entity; and
(e)
any pre-request response notice about the request given
to the entity.
the
original
For subsection (1)(b), the responsible entity must have regard
to the planning instruments, plans, codes, laws or policies
applying when the original application was made, but may
give the weight it considers appropriate to the planning
instruments, plans, codes, laws or policies applying when the
request was made.
Responsible entity to decide request
(1)
(2)
Page 230
After assessing the request under section 374, the responsible
entity must decide to—
(a)
approve the request, with or without conditions; or
(b)
refuse the request.
A condition imposed under subsection (1)(a) must—
(a)
be relevant to the proposed change; and
(b)
comply with section 345.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 376]
(3)
If no other entity is required to be given a copy of the request
under section 372, the responsible entity must decide the
request within 30 business days after receiving the request.
(4)
If another entity is required to be given a copy of the request
under section 372, the responsible entity—
(a)
must not decide the request until the first of the
following happens—
(i)
a written notice has been received under section
373 from each entity given a copy of the request;
(ii) the period of 25 business days after the responsible
entity received the request ends; but
(b)
376
must decide the request within 30 business days after
receiving the request.
(5)
However, the responsible entity and the person making the
request may agree to extend the period within which the entity
must decide the request by not more the 20 business days.
(6)
Subsections (3) to (5) do not apply if the responsible entity is
the court.
Notice of decision
(1)
The responsible entity must give written notice of the decision
to each of the following—
(a)
the person who made the request;
(b)
if the responsible entity is not the assessment
manager—the assessment manager;
(c)
any referral agency for the original application;
(d)
if the responsible entity is not a local government and
the development approval relates to land in a local
government area—the local government whose local
government area includes the land;
(e)
if the request relates to a development approval given by
the Minister under part 11, division 2 and the Minister
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 376]
referred the request to the original assessment
manager—the Minister.
(2)
The notice must—
(a)
state all of the following—
(i)
the day the request was made;
(ii) the day the development approval for the original
application was decided;
(iii) the decision;
(iv) if the request was refused—the reasons for the
decision; and
(3)
(4)
(5)
Page 232
(b)
if the request was approved and the responsible entity is
a concurrence agency—be accompanied by a copy of
the concurrence agency’s response for the original
application showing the changes; and
(c)
if the request was approved and paragraph (b) does not
apply—be accompanied by a copy of the decision
notice, if any, for the original application showing the
changes.
Subsection (4) applies if—
(a)
the responsible entity is the assessment manager for the
application to which the approval relates; and
(b)
the decision is to refuse the request or approve the
request on conditions.
If the notice is given to the person who made the request or an
entity that gave the responsible entity a notice under section
373 or a pre-request response notice, the notice also must
state—
(a)
that the person or entity may appeal against the
decision; and
(b)
how the person or entity may appeal.
Subsection (6) applies if—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 377]
(6)
377
(a)
the responsible entity is a concurrence agency; and
(b)
the decision is to refuse the request or approve the
request on conditions.
If the notice is given to the person who made the request, the
notice also must state—
(a)
that the person may appeal against the decision; and
(b)
how the person may appeal.
When decision has effect
If the decision is to approve the request for a permissible
change, the decision takes effect—
(a)
on the day the notice mentioned in section 376(1) is
given to the person who made the request; or
(b)
if a person has appealed against the decision—on the
day the appeal is finally decided or withdrawn.
Division 3
378
Changing or cancelling particular
conditions—other than on request
When condition may be changed or cancelled by
assessment manager or concurrence agency
(1)
This section applies for a development condition under
another Act if, under the other Act, ‘development condition’
is defined with reference to a development approval.
(2)
However, if under the other Act an entity is authorised to
change or cancel conditions of a development approval in a
different way, the other Act prevails to the extent of any
inconsistency with this section.
(3)
The development condition may be changed or cancelled
by—
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 378]
(a)
if the condition was imposed as a concurrence agency
condition—the entity that was the concurrence agency;
or
(b)
if the condition was imposed by an assessment
manager—the entity that was the assessment manager;
or
(c)
if paragraph (a) or (b) does not apply—the entity that
has jurisdiction for the condition.
(4)
However, the condition may be changed or cancelled only on
a ground mentioned in the other Act.
(5)
The change or cancellation may be made without the consent
of the owner of the land to which the approval attaches and
any occupier of the land.
(6)
Section 345 applies to the changed condition.
(7)
If the entity is satisfied it is necessary to change or cancel the
condition, the entity must give written notice to the owner of
the land to which the approval attaches and any occupier of
the land.
(8)
The notice must—
(a)
state the following—
(i)
the proposed change or cancellation and the
reasons for the change or cancellation;
(ii) that each person to whom the notice is given may
make a written submission to the entity about the
proposed change or cancellation;
(iii) the period, which must be at least 15 business days
after the notice is given, within which the
submission may be made; and
(b)
Page 234
if the condition was imposed by a concurrence
agency—be accompanied by a copy of the concurrence
agency’s response for the original application showing
the changes; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 379]
(c)
(9)
After considering any submissions, the entity must give to
each person to whom the notice was given—
(a)
if the entity is not satisfied the change or cancellation is
necessary—written notice stating it has decided not to
change or cancel the condition; or
(b)
if the entity is satisfied the change or cancellation is
necessary—written notice stating it has decided to
change or cancel the condition, and include details of
the changed conditions or cancellation.
(10)
If the entity was a concurrence agency, the entity must also
give the entity that was the assessment manager written notice
of the change or cancellation.
(11)
The changed condition or cancellation takes effect from the
day the notice is given to the owner of the land.
Division 4
379
if paragraph (b) does not apply—be accompanied by a
copy of the decision notice, if any, for the original
application showing the changes.
Cancelling approvals
Request to cancel development approval
(1)
The owner of the land the subject of an application, or another
person with the owner’s consent, may by written notice ask
the assessment manager to cancel the development approval.
(2)
The request must be accompanied by the fee for the request—
(3)
(a)
if the assessment manager is a local government—fixed
by a resolution of the local government; or
(b)
if the assessment manager is another public sector
entity—prescribed under a regulation under any Act.
Subsection (1) applies to an owner of land designated for
community infrastructure only if the owner is the entity who
intends, or intended, to supply the infrastructure.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 380]
380
Restriction on making request
(1)
Cancellation can not be requested under section 379(1) if
development under the development approval has started.
(2)
Also, cancellation can not be requested under section 379(1)
unless written consent to the cancellation is given by—
381
(a)
if there is a written arrangement between the owner and
another person under which the other person proposes to
buy the land—the person proposing to buy the land; or
(b)
if the application is for land the subject of a public
utility easement—the entity in whose favour the
easement is given.
Assessment manager to cancel approval
After receiving the request under section 379, the assessment
manager must—
382
(a)
cancel the approval; and
(b)
give notice of the cancellation to the person who applied
for the cancellation and to each concurrence agency.
Release of monetary security
If a monetary security has been given in relation to the
approval, the security must be released if the approval is
cancelled.
Division 5
383
Extending period of approvals
Request to extend period in s 341
(1)
Page 236
If, before a development approval lapses under section 341, a
person wants to extend a period mentioned in that section, the
person must, by written notice—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 383]
(a)
advise each entity that was a concurrence agency that
the person is asking for an extension of the period; and
(b)
ask the assessment manager to extend the period.
(2)
The notices must be given at about the same time.
(3)
The notice to the assessment manager must—
(a)
if the assessment manager has a form for the
request—be in the form; and
(b)
include a copy of each notice given under subsection
(1)(a); and
(c)
be accompanied by the fee—
(i)
if the assessment manager is a local
government—fixed by a resolution of the local
government; or
(ii) if the assessment manager is another public sector
entity—prescribed under a regulation under any
Act; and
(d)
(4)
if the person making the request is not the owner of the
land to which the approval attaches—be accompanied
by the owner’s consent if, under section 263(1), the
written consent of the owner of the land the subject of
the application for the approval was required for the
making of the application.
Despite subsection (3)(d), the notice to the assessment
manager need not be accompanied by the owner’s consent if
the assessment manager is satisfied that—
(a)
having regard to the nature of the request, the owner has
unreasonably withheld consent; or
(b)
because of the number of owners of the land, it is not
practicable to obtain the owners’ consent.
Example for subsection (4)(b)—
It may not be practicable to obtain the consent of all the owners
of land if the land was subdivided, after the development
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 384]
approval was given, and is subsequently owned by multiple
persons.
384
Request can not be withdrawn
A request under this division may not be withdrawn.
385
Concurrence agency may advise assessment manager
about request
A concurrence agency given a notice under section 383(1)(a)
may give the assessment manager a written notice—
386
(a)
stating it has no objection to the extension being
approved; or
(b)
stating it objects to the extension being approved and
giving reasons for the objection.
Deciding particular requests
(1)
This section applies if the request for the extension was
accompanied by evidence showing that the person asked a
chief executive for the chief executive’s written agreement to
the extension.
(2)
The assessment manager must refuse the request if the chief
executive gives the assessment manager written notice that the
chief executive does not agree to the extension.
(3)
If the chief executive agrees to the extension, the assessment
manager must decide the request within 30 business days after
receiving the written agreement.
(4)
Subsection (3) applies despite section 387(1).
387
Assessment manager to decide request
(1)
Page 238
The assessment manager must approve or refuse the extension
within 30 business days after receiving the request.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 388]
388
(2)
If there was a concurrence agency, the assessment manager
must not approve or refuse the extension until at least 20
business days after receiving the request.
(3)
The assessment manager and the person making the request
may agree to extend the period within which the assessment
manager must decide the request.
(4)
The assessment manager may decide the request even if the
development approval was granted by the court.
Deciding request
(1)
In deciding a request under section 383, the assessment
manager must only have regard to—
(a)
the consistency of the approval, including its conditions,
with the current laws and policies applying to the
development, including, for example, the amount and
type of infrastructure contributions, or charges payable
under chapter 8, parts 2 and 3; and
(b)
the community’s current awareness of the development
approval; and
(c)
whether, if the request were refused—
(i)
further rights to make a submission may be
available for a further development application;
and
(ii) the likely extent to which those rights may be
exercised; and
(d)
(2)
the views of any concurrence agency for the approval
given under section 385.
If the assessment manager does not receive a notice under
section 385 from a concurrence agency within 20 business
days after the day the request was received by the assessment
manager, the assessment manager must decide the request as
if the concurrence agency had no objection to the request.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 8 Dealing with decision notices and approvals
[s 389]
(3)
Despite subsection (2), if the development approval is subject
to a concurrence agency condition about the period mentioned
in section 341, the assessment manager must not approve the
request unless the concurrence agency advises it has no
objection to the extension being approved.
(4)
If the assessment manager receives a notice under section 385
from a concurrence agency within 20 business days after the
day the request was received by the assessment manager, the
assessment manager must have regard to the notice when
deciding the request.
389
Assessment manager to give notice of decision
After deciding the request, the assessment manager must give
written notice of the decision to the person asking for the
extension and any concurrence agency that gave the
assessment manager a notice under section 385.
390
Approval does not lapse until request is decided
Despite section 341, the development approval does not lapse
until the assessment manager decides the request.
Division 6
391
Recording approvals on planning
scheme
Particular approvals to be recorded on planning scheme
(1)
Page 240
This section applies if a local government—
(a)
gives a development approval, other than a deemed
approval, and is satisfied the approval conflicts with the
planning scheme; or
(b)
gives a development approval mentioned in section 242;
or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 393]
(c)
(2)
decides to agree or is taken to have decided to agree
under chapter 3, part 2, division 5 to a request for a
superseded planning scheme to apply for particular
development.
The local government must—
(a)
note the approval or decision on its planning scheme;
and
(b)
give the chief executive written notice of the notation
and the land to which the note relates.
(3)
The note is not an amendment of the planning scheme.
(4)
Failure to comply with subsection (2) does not affect the
validity of the approval or decision.
Part 10
Compliance stage
Division 1
Preliminary
393
Purpose of compliance stage
The compliance stage allows for development, or a document
or work relating to development, to be assessed for
compliance with—
(a)
a matter or thing prescribed under a regulation; or
(b)
a planning instrument; or
(c)
a preliminary approval to which section 242 applies; or
(d)
a condition of a development approval or compliance
permit.
Current as at 19 December 2014
Page 241
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 394]
394
Compliance permit
A compliance permit authorises development requiring
compliance assessment to take place—
395
(a)
to the extent stated in the permit; and
(b)
subject to the conditions in the permit.
Compliance certificate
A compliance certificate approves documents or works
requiring compliance assessment—
396
(a)
to the extent stated in the certificate; and
(b)
subject to the conditions in the certificate.
What does compliance stage apply to
The compliance stage applies to—
397
(a)
development that under section 232(1) requires
compliance assessment; or
(b)
a document or work relating to development that, under
section 397, requires compliance assessment.
Nominating a document or work for compliance
assessment—generally
(1)
A regulation may declare that a document or work is a
document or work requiring compliance assessment.
Note—
Under section 232(1), a regulation may prescribe that development is
development requiring compliance assessment.
(2)
Page 242
Any of the following also may state that a document or work
is a document or work requiring compliance assessment—
(a)
a State planning regulatory provision;
(b)
a preliminary approval to which section 242 applies;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 398]
(3)
398
(c)
a temporary local planning instrument;
(d)
a planning scheme.
A regulation under subsection (1), or a regulation under
section 232(1) prescribing development requiring compliance
assessment, or an instrument mentioned in subsection (2)
must state—
(a)
the matters or things against which the development,
document or work must be assessed; and
(b)
the entity to whom a request for compliance assessment
under this part must be made (the compliance assessor).
(4)
The regulation or other instrument also may state, for
documents or work, when the request for compliance
assessment must be made.
(5)
An instrument mentioned in subsection (2)(b), (c) or (d) is a
relevant instrument.
Nominating document or work for compliance
assessment—condition of development approval or
compliance permit
(1)
A condition of a development approval or compliance permit
may state that a document or work is a document or work
requiring compliance assessment.
(2)
The condition must state—
(3)
(a)
the matters or things against which the document or
work must be assessed; and
(b)
the entity to whom a request for compliance assessment
under this part must be made (the compliance assessor);
and
(c)
when the request for compliance assessment under this
part must be made.
However, the condition may only require the document or
work to be assessed for compliance with any of the
following—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 399]
399
(a)
a matter or thing prescribed under a regulation;
(b)
a State planning regulatory provision or part of a State
planning regulatory provision;
(c)
a State planning policy or part of a State planning
policy;
(d)
a planning scheme or part of a planning scheme;
(e)
a temporary local planning instrument or part of a
temporary local planning instrument;
(f)
if the development approval relates to an application
made under a preliminary approval to which section 242
applies—a matter or thing stated in the preliminary
approval.
Who may carry out compliance assessment
(1)
Compliance assessment of development, a document or work
must be carried out by—
(a)
a local government; or
(b)
a nominated entity of a local government; or
(c)
a public sector entity; or
(d)
a nominated entity of a public sector entity.
(2)
Subsection (3) applies if a relevant instrument or a local
government condition states that a nominated entity of a local
government may be the compliance assessor for development,
a document or work.
(3)
A nominated entity of a local government may carry out
compliance assessment under this part for the development,
document or work.
(4)
Subsection (5) applies if an instrument mentioned in section
397(2) or a public sector entity condition states that a
nominated entity of a public sector entity may be the
compliance assessor for development, a document or work.
Page 244
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 400]
(5)
A nominated entity of a public sector entity may carry out
compliance assessment under this part for the development,
document or work.
(6)
In this section—
local government condition means a condition of—
(a)
a development approval imposed by a local government
as assessment manager; or
(b)
a compliance permit imposed by a local government as
compliance assessor.
nominated entity, of a local government, means a suitably
qualified entity that, by resolution of the local government, is
nominated to carry out compliance assessment for the local
government.
nominated entity, of a public sector entity, means a suitably
qualified entity that is nominated by the chief executive of the
public sector entity to carry out compliance assessment for the
public sector entity.
public sector entity condition means a condition of—
400
(a)
a development approval imposed by a public sector
entity as assessment manager or a concurrence agency;
or
(b)
a compliance permit imposed by a public sector entity
as compliance assessor.
When compliance stage starts
The compliance stage starts on the day a request for
compliance assessment is given to the compliance assessor
under section 401.
Current as at 19 December 2014
Page 245
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 401]
Division 2
Compliance assessment
Subdivision 1
Request for compliance
assessment
401
Request for compliance assessment
A request for compliance assessment of development, a
document or work must—
(a)
be given to the compliance assessor
development, document or work; and
(b)
be in the approved form; and
(c)
be accompanied by—
(i)
for
the
if the compliance assessor is a local
government—the fee fixed by resolution of the
local government; or
(ii) if the compliance assessor is a public sector
entity—the fee prescribed under a regulation under
this or another Act; or
(iii) if the compliance assessor is a nominated entity of
a local government or a public sector entity—the
fee agreed between the person making the request
and the nominated entity; and
(d)
Page 246
for work yet to be completed—be supported by any
document, relevant to the work, that is subject to
compliance assessment.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 402]
Subdivision 2
402
Referring request to local
government
Aspects of development requiring compliance
assessment to be referred to local government
(1)
This section applies if—
(a)
the compliance assessor for development requiring
compliance assessment is a nominated entity of a local
government; and
(b)
under a relevant instrument an aspect of the
development must be referred to the local government.
(2)
The nominated entity must give the local government a copy
of the request for compliance assessment.
(3)
The local government’s jurisdiction is limited to assessing the
aspect of development referred to the local government.
(4)
The local government must assess the aspect of development
against the matters or things mentioned in section 403 that are
relevant to the aspect.
(5)
The local government must, within 10 business days after
receiving the copy of the request—
(6)
(a)
assess the aspect of development referred to the local
government; and
(b)
give the compliance assessor written notice of its
response.
The local government’s response may, within the limits of its
jurisdiction, tell the compliance assessor—
(a)
the conditions that must attach to the compliance
permit; or
(b)
that the local government is satisfied the development
does not achieve compliance; or
(c)
that it has no requirements relating to the request.
Current as at 19 December 2014
Page 247
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 403]
(7)
If the local government is satisfied the development does not
achieve compliance, the local government’s response must
include—
(a)
the reasons the local government is satisfied the
development does not achieve compliance; and
(b)
the action required for the development to comply.
(8)
If the local government does not give the compliance assessor
written notice of its response within 10 business days after
receiving the copy of the request, the local government is
taken to have no requirements relating to the request.
(9)
For assessing the aspect of development referred to the local
government, the local government may charge the applicant
the fee fixed by resolution of the local government.
Subdivision 3
403
Compliance assessor to assess and
decide request
Assessment of request
The compliance assessor must assess the development,
document or work only against the matters or things against
which the development, document or work must be assessed
under the regulation, State planning regulatory provision,
relevant instrument or condition requiring the compliance
assessment.
404
Assessment of request under superseded planning
scheme
(1)
Page 248
If, under chapter 3, part 2, division 5, a local government has
agreed or is taken to have agreed to assess a request for
compliance assessment under a superseded planning scheme,
the compliance assessor must assess and decide the request as
if—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 405]
(2)
405
(a)
the request were a request to which the superseded
planning scheme applied; and
(b)
the existing planning scheme was not in force; and
(c)
for chapter 8, parts 2 and 3, the infrastructure provisions
of the existing planning scheme applied.
This section applies despite sections 81, 120 and 121.
Deciding request
(1)
Subsections (2) and (3) apply if the compliance assessor is
satisfied the development, document or work achieves
compliance, or would achieve compliance if particular
conditions were complied with.
(2)
The compliance assessor must approve the request, unless a
local government has, under section 402, told the compliance
assessor that it considers the development does not achieve
compliance.
(3)
The request may be approved with or without conditions.
(4)
Subsection (5) applies if—
(5)
(a)
the compliance assessor is satisfied the development,
document or work does not achieve compliance; or
(b)
a local government has, under section 402, told the
compliance assessor that it considers the development
does not achieve compliance.
The compliance assessor must give the person making the
request written notice (an action notice) stating—
(a)
the day the notice is given; and
(b)
the reasons the development, document or work does
not achieve compliance; and
(c)
the action required for the development, document or
work to comply; and
(d)
the reasonable period within which the person may
again make a request for compliance assessment of the
Current as at 19 December 2014
Page 249
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 406]
development, document or work after taking the action;
and
(e)
that the person may make written representations to the
compliance assessor about the matters mentioned in
paragraph (b), (c) or (d); and
(f)
that the request may lapse under section 411 if the
person does not again make a request for the compliance
assessment within the period mentioned in paragraph
(d); and
(g)
the rights of appeal of the person making the request.
(6)
If the compliance assessor gives a person an action notice, the
person may, after carrying out the stated action required for
the development, document or work to comply, again apply
for compliance assessment of the development, document or
work under section 401 within the period stated in the notice
for that purpose.
(7)
However, sections 401(c) and 402(9) do not apply to the
request.
406
Conditions must be relevant and reasonable
(1)
A condition imposed on development or work requiring
compliance assessment must—
(a)
be relevant to, but not an unreasonable imposition on the
development or work, or use of premises as a
consequence of the development or work; or
(b)
be reasonably required in relation to the development or
work, or use of premises as a consequence of the
development or work.
(2)
A condition imposed on a document requiring compliance
assessment must be relevant to the matters dealt with in the
document.
(3)
If the compliance assessor is a public sector entity or a local
government, subsections (1) and (2) apply despite the laws
Page 250
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 406A]
that are administered by, and the policies that are reasonably
identifiable as policies applied by, the compliance assessor.
406A Conditions about water infrastructure
(1)
(2)
This section applies if the compliance assessor is—
(a)
a participating local government of a distributor-retailer;
or
(b)
a nominated entity of a participating local government
of a distributor-retailer.
A condition can not be imposed in relation to the
distributor-retailer’s water infrastructure about a matter for
which the SEQ Water Act requires a water approval.
Examples of conditions that can not be imposed—
(3)
407
•
works to be carried out
•
a monetary payment
•
land in fee simple to be given
•
that an infrastructure agreement be entered into
However, a condition may be imposed that any necessary
water approval under the SEQ Water Act must be obtained
from a distributor-retailer.
Compliance assessor to give compliance permit or
certificate on approval of request
(1)
(2)
If the compliance assessor approves the request, the assessor
must give the person making the request—
(a)
if the request is for compliance assessment of
development—a compliance permit; or
(b)
if the request is for compliance assessment of a
document or work—a compliance certificate.
The compliance permit or certificate must state the conditions,
if any, imposed on the permit or certificate.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 408]
(3)
The compliance permit must include any conditions that a
local government has, under section 402(6)(a), told the
compliance assessor to attach to the permit.
(4)
If the compliance permit or certificate states any conditions,
the permit or certificate must be accompanied by a written
notice stating the rights of appeal of the person making the
request.
408
When notice about decision must be given
(1)
The compliance assessor must, within the period prescribed
under a regulation—
(a)
decide the request; and
(b)
give the person making the request—
(i)
a compliance permit or compliance certificate; or
(ii) an action notice.
(2)
If the compliance assessor is a nominated entity of a local
government and a copy of the request for compliance
assessment is given to the local government under section
402, the compliance assessor must not decide the request until
at least 15 business days after giving the copy to the local
government.
(3)
If the compliance assessor does not comply with subsection
(1) for a request—
(a)
the request is taken to have been approved by the
assessor without conditions; and
(b)
the assessor must as soon as practicable give the person
making the request—
(i)
if the request is for compliance assessment of
development—a compliance permit; or
(ii) if the request is for compliance assessment of a
document or work—a compliance certificate.
Page 252
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 409]
(4)
409
Duration and effect of compliance permit
(1)
(2)
(3)
410
If a compliance assessor, other than a local government, gives
a person a compliance permit or compliance certificate, the
compliance assessor must give a copy of the permit or
certificate to the local government for the area to which the
permit or certificate relates.
A compliance permit for development takes effect—
(a)
if the person who requested the permit does not appeal
the decision to the court or a building and development
committee—on the day the permit is given; or
(b)
if the person who requested the permit appeals the
decision to the court or a building and development
committee, subject to sections 490(3) and 553(3) and
the decision of the court or committee under section 496
or 564—when the appeal is finally decided or
withdrawn.
A compliance permit for development lapses if the
development is not completed within—
(a)
the period stated for that purpose in a condition of the
permit; or
(b)
if no period is stated for that purpose in a condition of
the permit—the period prescribed under a regulation.
A compliance permit attaches to the land the subject of the
request and binds the owner, the owner’s successors in title
and any occupier of the land.
When development may start
Development requiring compliance assessment may start
when a compliance permit for the development takes effect.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 411]
Subdivision 4
411
Lapsing of request
When request for compliance assessment lapses
(1)
This section applies if a person requesting compliance
assessment of development, a document or work is given an
action notice about the request.
(2)
If the person—
(a)
has not made written representations about the action
notice under section 412; and
(b)
does not again apply for compliance assessment of the
development, document or work within the period stated
in the notice for that purpose;
the request lapses at the end of the stated period.
(3)
If the person—
(a)
is given a new action notice under section 412(4) or (5)
for the development, document or work; and
(b)
does not again apply for compliance assessment of the
development, document or work within the period stated
in the new notice for that purpose;
the request lapses at the end of the stated period.
(4)
If the person—
(a)
is given a notice (the assessment notice) under section
412(9) for the development, document or work; and
(b)
does not again apply for compliance assessment of the
development, document or work within the period stated
in the assessment notice for that purpose;
the request lapses at the end of the stated period.
Page 254
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 412]
Division 3
412
Changing notices, compliance
permits and certificates
Changing and withdrawing action notice
(1)
This section applies if a person is given an action notice.
(2)
The person may, before the period mentioned in section
405(5)(d) and stated in the notice ends, make written
representations to the compliance assessor about a matter
mentioned in section 405(5)(b), (c) or (d) and stated in the
notice.
(3)
If the compliance assessor agrees with all the written
representations about a matter mentioned in section
405(5)(b)—
(a)
the compliance assessor must withdraw the action
notice; and
(b)
the period prescribed under section 408 for deciding the
request starts on the day the notice is withdrawn.
(4)
If the compliance assessor agrees with some, but not all, of the
written representations about a matter mentioned in section
405(5)(b), the compliance assessor must give a new action
notice to the person.
(5)
If the compliance assessor agrees with any written
representations about a matter mentioned in section 405(5)(c)
or (d), the compliance assessor must give a new action notice
to the person.
(6)
If the compliance assessor is a nominated entity of a local
government and the local government’s response under
section 402 states the development does not achieve
compliance, the compliance assessor must not withdraw the
action notice, or give a new action notice, without the written
agreement of the local government.
(7)
Only 1 new action notice may be given.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 413]
(8)
The new action notice replaces the notice initially given under
section 405(5).
(9)
If the compliance assessor does not agree with all the written
representations about a matter mentioned in section 405(5)(b),
(c) or (d), the compliance assessor must give the person a
written notice stating—
413
(a)
the decision about the representations; and
(b)
the reasonable period within which the person may
again make a request for compliance assessment of the
development, document or work.
Changing compliance permit or compliance certificate
(1)
A person may, by written notice given to the compliance
assessor that gave a compliance permit or compliance
certificate, ask the compliance assessor to change the permit
or certificate.
(2)
The compliance assessor must, as soon as practicable after
receiving the request—
(a)
decide to change or refuse to change the compliance
permit or compliance certificate; and
(b)
if the compliance assessor decides to change the
compliance permit or compliance certificate—give the
person a new permit or certificate showing the change;
and
(c)
if the compliance assessor decides to refuse to change
the compliance permit or compliance certificate—give
the person a written notice stating—
(i)
the decision and the reasons for the decision; and
(ii) the rights of appeal for the person seeking the
change.
(3)
Page 256
If the compliance assessor is a nominated entity of a local
government and the change is to a condition of a compliance
permit imposed by a local government, the compliance
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 10 Compliance stage
[s 414]
assessor must not change the condition without the written
agreement of the local government.
(4)
(5)
414
Subsection (5) applies if—
(a)
the entity that gave the compliance permit or
compliance certificate was a nominated entity of a local
government or a public sector entity; and
(b)
the entity is no longer a nominated entity.
For subsection (1), the person may ask the following entity to
change the permit or certificate—
(a)
if the entity that gave the compliance permit or
compliance certificate was a nominated entity of a local
government—the local government;
(b)
if the entity that gave the compliance permit or
compliance certificate was a nominated entity of a
public sector entity—the public sector entity.
When decision about change has effect
If the compliance assessor decides to change the compliance
permit or compliance certificate, the change takes effect—
(a)
on the day the new compliance permit or compliance
certificate is given to the person who requested the
change; or
(b)
if a person has appealed against the decision—on the
day the appeal is finally decided or withdrawn.
Division 4
415
Other matters
Regulation may prescribe additional requirements and
actions
A regulation may prescribe—
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 416]
416
(a)
requirements, for example, scale, for the document for
which compliance assessment is requested; or
(b)
additional actions that may, or must, be taken by the
compliance assessor; or
(c)
the form of a compliance permit or compliance
certificate.
Effect on deciding request if action taken under Native
Title Act 1993 (Cwlth)
(1)
This section applies if a compliance assessor takes action
under the Native Title Act 1993 (Cwlth), section 24HA or
24KA.
(2)
If the compliance assessor takes the action before the request
is decided, the request can not be decided until the action is
completed.
Part 11
Ministerial IDAS powers
Division 1
Ministerial directions
417
Ministerial directions to assessment managers—future
applications
(1)
The Minister may give a direction to an assessment manager
requiring a copy of all applications for particular development
or for development in a particular area to be given to the
Minister.
(2)
The Minister may give the direction only in relation to
development or an area involving a State interest.
(3)
The direction must be given by publishing a notice—
(a)
Page 258
in a newspaper circulating generally in the State; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 418]
(b)
(4)
(5)
418
in the gazette.
The notice must state—
(a)
details of the development or area to which the direction
relates; and
(b)
the reasons for deciding to give the direction; and
(c)
the State interest giving rise to the direction; and
(d)
the point in the IDAS process when the copy of the
application must be given to the Minister; and
(e)
the material that must be given to the Minister.
The Minister must give a copy of the notice to each entity the
Minister considers is likely to be an assessment manager or
referral agency for an application to which the direction
relates.
Ministerial directions to assessment
managers—particular applications
(1)
The Minister may, by written notice, give a direction to an
assessment manager for an application—
(a)
to not decide the application until the end of the stated
period of not more than 20 business days after the
direction is given, if—
(i)
the assessment manager has not decided the
application; and
(ii) the development involves, or may involve, a State
interest; or
(b)
to decide the application within a stated period of at
least 20 business days, if the assessment manager has
not decided the application by the end of the
decision-making period, including any extension of the
decision-making period; or
(c)
to decide the application within the decision-making
period, if the development involves a State interest; or
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 418]
(2)
(d)
to decide whether to give a negotiated decision notice
within a stated period of at least 20 business days, if the
assessment manager has not made a decision on
representations made to the assessment manager under
section 361; or
(e)
to take an action under IDAS within the reasonable
period stated in the direction, if the assessment manager
has not otherwise complied with the period for taking
the action; or
(f)
to take an action under IDAS within the reasonable
period stated in the direction, if the Minister is satisfied
the development involves a State interest.
The notice must state—
(a)
the reasons for deciding to give the direction; and
(b)
for a direction under subsection (1)(a)—
(i)
the State interest giving rise to the direction; and
(ii) that the Minister may, within the period in which
the assessment manager can not decide the
application, call in the application under division 2
or give a further direction; and
(c)
for a direction under subsection (1)(c) or (f)—the State
interest giving rise to the direction.
(3)
The Minister must give the applicant and any referral agencies
a copy of the notice.
(4)
The assessment manager must comply with the direction.
(5)
If the Minister gives the assessment manager a direction under
subsection (1)(a)—
(a)
the IDAS process stops on the day the direction is given
and starts again—
(i)
Page 260
when the period mentioned in subsection (1)(a)
ends; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 419]
(ii) if the Minister calls in the application under
division 2 or gives a new direction before the
period mentioned in subsection (1)(a) ends—on
the day the Minister calls in the application or
gives the new direction; and
Note—
A notice of call in under division 2 also may affect the IDAS
process.
(b)
419
the Minister must not call in the application under
division 2 after the period mentioned in subsection
(1)(a) ends.
Ministerial directions to assessment
managers—conditions
(1)
(2)
The Minister may, by written notice, give a direction to an
assessment manager for an application to attach to any
development approval the conditions stated in the notice if—
(a)
the assessment manager has not decided the application,
or a deemed approval for the application has not taken
effect under section 339; and
(b)
the development involves a State interest; and
(c)
the matter the subject of the direction is not within the
jurisdiction of a concurrence agency for the application.
The notice must state—
(a)
the reasons for deciding to give the direction; and
(b)
the State interest giving rise to the direction.
(3)
The Minister must give the applicant and any referral agencies
a copy of the notice.
(4)
The assessment manager must comply with the direction.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 420]
420
Ministerial directions to concurrence agencies
(1)
The Minister may, by written notice, give a direction to a
concurrence agency for an application—
(a)
if the Minister is satisfied there are inconsistencies
between 2 or more concurrence agency’s responses—to
reissue the concurrence agency’s response to address the
inconsistency; or
(b)
if the Minister is satisfied the concurrence agency’s
response contains a condition that does not comply with
section 345 or 347—to reissue the concurrence agency’s
response without the condition or with a modified
condition; or
(c)
if the Minister is satisfied the concurrence agency’s
response is not within the limits of its jurisdiction—to
reissue the concurrence agency’s response in a stated
way to ensure the concurrence agency’s response is
within the limits of its jurisdiction; or
(d)
if the Minister is satisfied the concurrence agency has
not assessed an application under the Act—to reissue
the concurrence agency’s response in a stated way to
ensure the concurrence agency has assessed the
application under the Act; or
(e)
if the Minister is satisfied the concurrence agency has
not complied with the reasonable period for taking an
action under IDAS—to take the action within the
reasonable period stated in the direction; or
(f)
if the Minister is satisfied the development involves a
State interest—to take an action under IDAS within the
reasonable period stated in the direction.
(4)
A notice given under subsection (1) must state the reasons for
deciding to give the direction.
(5)
The Minister must give the assessment manager, the applicant
and any other referral agency a copy of the notice.
(6)
The concurrence agency must comply with the direction.
Page 262
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 421]
(7)
The Minister may give a direction under this section even if
the referral agency’s assessment period for the concurrence
agency has ended.
(8)
If the Minister gives a direction under this section, the
assessment manager can not decide the application until the
concurrence agency’s response is reissued or the action is
taken.
Note—
If the Minister gives a direction under this section, the concurrence
agency may give or amend its response after the end of the assessment
period for the application. See section 290(1).
421
Ministerial directions to applicants
(1)
The Minister may, by written notice, give a direction to an
applicant who has not complied with a stage of IDAS, or an
aspect of a stage of IDAS, to take stated action relating to the
stage or aspect to ensure compliance with IDAS.
(2)
The notice must state—
(a)
the reasons for deciding to give the direction; and
(b)
the reasonable period within which the action must be
taken.
(3)
The notice may also state the point in the IDAS process from
which the process must restart.
(4)
The Minister must give the assessment manager and the
referral agencies a copy of the notice.
(5)
The applicant must comply with the direction.
(6)
If the direction states the point in the IDAS process from
which the process must restart and the applicant complies
with the direction, the process must, for the application,
restart at that point.
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 422]
422
Report about decision
(1)
If the Minister gives a direction under section 419, the
Minister must, after giving the direction, prepare a report
about the Minister’s decision.
(2)
Without limiting subsection (1), the Minister must include the
following in the report—
(3)
(a)
a copy of the application;
(b)
a copy of the notice given under section 419;
(c)
the Minister’s reasons for the decision.
The Minister must cause a copy of the report to be tabled in
the Legislative Assembly within 14 sitting days after the
Minister’s decision is made.
422A No requirement to consult on directions
The Minister is not required to consult with anyone before
giving a direction under this division.
Division 2
423
Ministerial call in powers
Definitions for div 2
In this division—
assessment and decision provisions means sections 313, 314,
316, 326 and 329.
Minister includes the Minister administering the State
Development and Public Works Organisation Act 1971.
proposed call in notice, for an application, see section
424A(1).
representation period, for an application, means—
(a)
Page 264
the stated representation period mentioned in section
424A(3)(h); or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 424]
(b)
424
if the stated representation period is extended or further
extended under section 424A(4)—the period as
extended or further extended.
Application may be called in only for State interest
The Minister may, under this division, call in an application
only if the development involves a State interest.
424A Notice of proposed call in
(1)
(2)
Before calling in the application, the Minister must give
written notice of the proposed call in (the proposed call in
notice) to each of the following—
(a)
the assessment manager;
(b)
the applicant;
(c)
any submitters for the application, of which the Minister
is aware when the notice is given;
(d)
each concurrence agency for the application.
The notice may be given at any time after the application is
made until the latest of the following—
(a)
15 business days after the day the chief executive
receives notice of an appeal about the application;
(b)
if there are any submitters for the application—50
business days after the day the decision notice or
negotiated decision notice is given to the applicant;
(c)
if there are no submitters for the application and a
decision notice or negotiated decision notice is
given—25 business days after the day the decision
notice or negotiated decision notice is given to the
applicant;
(d)
if the application is taken to have been approved under
section 331 and a decision notice or negotiated decision
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 424A]
notice is not given—25 business days after the day the
decision notice was required to be given to the applicant.
(3)
(4)
Page 266
The notice must state all of the following—
(a)
the Minister is proposing to call in the application;
(b)
the reasons for the proposed call in;
(c)
if the notice is given before the assessment manager
makes a decision on the application—that the IDAS
process stops on the day the notice is given;
(d)
the point in the IDAS process, before or at the start of
the decision stage, the Minister proposes the process
will restart if the application is called in;
(e)
whether the Minister intends to assess and decide, or
reassess and re-decide, the application having regard
only to the State interest for which the application may
be called in;
(f)
if the Minister intends to assess and decide, or reassess
and re-decide, the application having regard only to the
State interest—that the assessment and decision
provisions do not apply to the Minister’s assessment of,
and decision on, the application;
(g)
if the application is proposed to be called in before the
assessment manager makes a decision on the
application—whether the Minister intends to give a
direction to the assessment manager under section
425(6);
(h)
that the person to whom the notice is given may make
representations to the Minister about the proposed call
in within the period (the stated representation period),
of at least 5 business days after the notice is given, stated
in the notice.
The Minister may, by notice given to each person to whom the
proposed call in notice was given and before the end of the
stated representation period or any extension of the period,
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 424B]
extend or further extend the period for making representations
to the Minister.
424B Effect of proposed call in notice on IDAS process
(1)
If the proposed call in notice is given before the assessment
manager decides the application, the IDAS process stops at
the point in the process at which the notice is given.
(2)
If the Minister gives notice under section 424C(2) that the
application will not be called in, the IDAS process restarts
from the point in the process at which it stopped under
subsection (1).
424C Minister to consider representations about proposed call
in
(1)
(2)
The Minister must, after considering all representations made
to the Minister in the representation period for the application,
decide—
(a)
to call in the application; or
(b)
not to call in the application.
If the Minister decides not to call in the application, the
Minister must, within 20 business days after the end of the
representation period for the application, give each person to
whom the proposed call in notice was given a written notice
stating—
(a)
the application will not be called in; and
(b)
if the proposed call in notice was given before the
assessment manager made a decision on the
application—the IDAS process for the application
restarts from the point in the process at which it stopped
because of the giving of the proposed call in notice.
424D Effect of proposed call in on appeal period
(1)
This section applies—
Current as at 19 December 2014
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[s 424E]
(a)
to an application for which a notice is given under
section 424C(2) if the assessment manager has made a
decision on the application before the notice is given;
and
(b)
for any appeal period relating to the application under
this Act.
(2)
The appeal period for the application is taken to have started
again the day after the notice is given.
(3)
Subsection (2) applies—
(a)
whether or not the notice is given after the appeal period
would, but for this section, have ended; and
(b)
despite any other provision of this Act.
424E Effect of proposed call in notice on development
approval
(1)
(2)
This section applies if a proposed call in notice is given for an
application—
(a)
after a development permit or a deemed approval for
development under the application has taken effect; or
(b)
before a development permit or a deemed approval for
development under the application has taken effect, if a
permit or approval takes effect for the development
before the application is called in under section 425.
For this Act, the development permit or deemed approval is
taken not to be in effect—
(a)
from—
(i)
if subsection (1)(a) applies to the application—the
day the applicant receives the proposed call in
notice; or
(ii) if subsection (1)(b) applies to the application—the
day the development permit or deemed approval
would take effect but for this section; and
Page 268
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Part 11 Ministerial IDAS powers
[s 425]
(b)
until—
(i)
if the Minister decides not to call in the
application—the day the applicant receives notice
of that decision; or
(ii) if the Minister decides to call in the
application—the day the applicant receives notice
of the call in under section 425.
425
Notice of call in
(1)
If the Minister decides to call in the application, the Minister
may, by written notice given to the assessment manager, call
in the application.
(2)
The notice may be given at any time before the day that is 20
business days after the representation period for the
application ends.
(3)
The notice must state—
(4)
(a)
the reasons for calling in the application; and
(b)
whether the Minister intends to assess and decide, or
reassess and re-decide, the application having regard
only to the State interest for which the application was
called in; and
(c)
if the Minister intends to assess and decide, or reassess
and re-decide, the application having regard only to the
State interest—that the assessment and decision
provisions do not apply to the Minister’s assessment of,
and decision on, the application; and
(d)
the point in the IDAS process, before or at the start of
the decision stage decided by the Minister, from which
the process must restart.
For subsection (3)(d), the Minister may decide a point in the
IDAS process that is different to the restarting point
mentioned in the proposed call in notice for the application.
Current as at 19 December 2014
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Part 11 Ministerial IDAS powers
[s 426]
(5)
In deciding the point at which the IDAS process restarts, the
Minister may have regard to the application, the
representations made to the Minister in the representation
period for the application and any other matters the Minister
considers relevant.
(6)
If the application is called in before the assessment manager
makes a decision on the application, the Minister may, in the
notice, direct the assessment manager—
(a)
to assess, or continue to assess, the application; and
(b)
to refer the application to the Minister for decision.
(7)
The Minister must not give the assessment manager a
direction under subsection (6) if the Minister intends to assess
and decide the application having regard only to the State
interest for which the application was called in.
(8)
The Minister must give a copy of the notice to—
426
(a)
the applicant; and
(b)
any concurrence agency; and
(c)
any submitter.
Minister’s action on calling in application
(1)
If the application is called in before the assessment manager
makes a decision on the application—
(a)
the Minister may assess and decide the application in
the place of the assessment manager; or
(b)
the Minister may—
(i)
direct the assessment manager to assess or
continue to assess the application; and
(ii) decide the application in the place of the
assessment manager.
(2)
Page 270
If the application is called in after the assessment manager
makes a decision on the application, the Minister may
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 427]
reassess and re-decide the application in the place of the
assessment manager.
427
(3)
Subsection (4) applies if the Minister assesses and decides, or
reassesses and re-decides, the application.
(4)
The Minister may, if the Minister considers it appropriate in
the circumstances, assess and decide, or reassess and
re-decide, the application having regard only to the State
interest for which the application was called in.
Effect of call in
(1)
If the Minister calls in an application, the Minister is the
assessment manager from when the application is called in
until the Minister gives the decision notice.
(2)
If the application is called in before the assessment manager
makes a decision on the application, the IDAS process restarts
from the point in the IDAS process stated in the notice of the
call in for that purpose.
(3)
If the application is called in after the assessment manager
makes a decision on the application, the decision is taken to be
of no effect and the IDAS process restarts from the point in
the IDAS process stated in the notice of the call in for that
purpose.
(4)
Until the Minister gives the decision notice on the application,
a concurrence agency is taken to be an advice agency.
(5)
The Minister’s decision on the application is taken to be the
original assessment manager’s decision but a person may not
appeal against the Minister’s decision.
Note—
Also, see sections 456(1)(a) and (2) (Court may make declarations and
orders) and 508 (Jurisdiction of committees).
(6)
If an appeal was made before the application was called in, the
appeal is of no further effect.
Current as at 19 December 2014
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[s 428]
(7)
If the Minister assesses and decides or reassesses and
re-decides the application, part 5, division 3, subdivision 4
does not apply to the application.
(8)
Despite subsections (2) and (3), if the Minister assesses and
decides or reassesses and re-decides the application having
regard only to the State interest for which it was called in—
428
(a)
the assessment and decision provisions do not apply to
the Minister’s assessment of, and decision on, the
application; and
(b)
in assessing the application, the Minister may have
regard to the common material for the application and
any other matter the Minister considers relevant to the
State interest.
Original assessment manager to assist Minister
The entity that was the assessment manager before the
application was called in (the original assessment manager)
must give the Minister all reasonable assistance the Minister
requires to assess or decide the application, including giving
the Minister—
429
(a)
all material about the application the assessment
manager had before the application was called in; and
(b)
any material received by the assessment manager after
the application is called in; and
(c)
any other material relevant to the assessment of the
application.
Minister’s decision notice
(1)
The Minister must give a copy of the decision notice to the
original assessment manager when the Minister gives the
decision notice to the applicant.
(2)
Section 335(1)(e)(ii), (f)(i), and (o) does not apply for the
decision notice.
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Part 11 Ministerial IDAS powers
[s 430]
(3)
430
Also, if the Minister assesses and decides, or reassesses and
re-decides, the application having regard only to the State
interest stated in the call in notice, section 335(1)(m) and (n)
does not apply for the decision notice.
Provision for application called in by regional planning
Minister
(1)
This section applies despite section 427(2) and (3) for an
application called in by the regional planning Minister for a
designated region.
(2)
The regional planning Minister for the designated region may,
by written notice given to the applicant and the relevant local
government, suspend the IDAS process until the number of
days stated in the notice after—
(a)
publication of a notice under section 60 about the
designated region’s draft regional plan; or
(b)
publication of a notice under section 64 about the
designated region’s regional plan.
(3)
Despite section 427, the regional planning Minister for the
designated region may by written notice, at the end of the
suspension of the IDAS process, refer the application to the
original assessment manager to assess and decide.
(4)
The notice mentioned in subsection (3) must state the point in
the IDAS process from which, and the day on which, the
process must restart for the application.
(5)
For assessing the application, whether by the regional
planning Minister for the designated region after acting under
subsection (2) or the original assessment manager, section 311
does not apply to the designated region’s regional plan or a
planning scheme amendment reflecting the designated
region’s regional plan.
Current as at 19 December 2014
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Part 11 Ministerial IDAS powers
[s 431]
431
Process if call in decision does not deal with all aspects
of the application
(1)
If the Minister’s decision notice does not decide all aspects of
the application, the Minister must, by written notice, refer the
aspects not decided back to the assessment manager.
(2)
If the Minister gives a notice under subsection (1), the notice
must state the point in the IDAS process from which the
process must restart for the aspects of the application not
decided by the Minister.
432
Report about decision
(1)
If the Minister calls in an application, the Minister must, after
deciding the application, prepare a report about the Minister’s
decision.
(2)
Without limiting subsection (1), the Minister must include the
following in the report—
(3)
433
(a)
a copy of the application;
(b)
a copy of the notice given under section 425;
(c)
a copy of any referral agency’s response;
(d)
an analysis of any submissions made about the
application;
(e)
a copy of the decision notice;
(f)
the Minister’s reasons for the decision;
(g)
a copy of any notice given under section 431.
The Minister must cause a copy of the report to be tabled in
the Legislative Assembly within 14 sitting days after the
Minister’s decision is made.
Report about compliance with development approval
(1)
Page 274
The Minister may, by written notice given to the assessment
manager, require the assessment manager to give the Minister
a report about a person’s compliance with a development
Current as at 19 December 2014
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Chapter 6 Integrated development assessment system (IDAS)
Part 11 Ministerial IDAS powers
[s 434]
approval given by the Minister for aspects of the application
decided by the Minister.
(2)
(3)
Part 12
434
The notice must include—
(a)
details about the matters to be included in the report;
and
(b)
the period within which the assessment manager must
give the report.
The assessment manager must comply with the requirement.
Miscellaneous provision
Refunding fees
An assessment manager or a concurrence agency may, but
need not, refund all or part of the fee paid to it to assess an
application.
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 435]
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
(1)
The Planning and Environment Court, continued in existence
under repealed IPA, section 4.1.1, is continued in existence
under this Act.
(2)
The court is a court of record.
(3)
The court has a seal that must be judicially noticed.
436
Jurisdiction of court
(1)
The court has the jurisdiction given to it under any Act,
including the jurisdiction to hear and decide every appeal
made under this Act for the review of a decision of a building
and development committee.
(2)
Subject to section 508, the jurisdiction given to the court
under this Act is exclusive.
(3)
Subject to division 14, every decision of the court is final and
conclusive and is not to be impeached for any informality or
want of form or be appealed against, reviewed, quashed or in
any way called into question in any court.
(4)
If a proceeding comes before the court under another Act,
subsection (3) applies subject to the other Act.
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Current as at 19 December 2014
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Part 1 Planning and Environment Court
[s 437]
437
Proceedings open to public
Each proceeding must be open to the public, unless the rules
of court provide otherwise.
Division 2
438
Subpoenas
(1)
439
Powers of court
The court may summon a person as a witness and may—
(a)
require the person to produce in evidence documents in
the person’s possession or power; and
(b)
examine the person; and
(c)
punish the person for not attending under the summons
or for refusing to give evidence or for neglecting or
refusing to produce the documents.
(2)
Despite subsection (1), a person is not required to give
evidence that may tend to incriminate the person.
(3)
For subsection (1), a judge of the court has the same powers
as a District Court judge.
Contempt and contravention of orders
(1)
A judge of the court has the same power to punish a person for
contempt of the court as the judge has to punish a person for
contempt of the District Court.
(2)
The District Court of Queensland Act 1967, section 129,
applies in relation to the court in the same way as it applies in
relation to the District Court.
(3)
If a person at any time contravenes an order of the court, the
person is also taken to be in contempt of the court.
Current as at 19 December 2014
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[s 440]
440
How court may deal with matters involving
noncompliance
(1)
Subsection (2) applies if the court finds a provision of this
Act, or another Act in its application to this Act, has not been
complied with, or has not been fully complied with.
(2)
The court may deal with the matter in the way the court
considers appropriate.
(3)
To remove any doubt, it is declared that this section applies in
relation to a development application that has lapsed or is not
a properly made application.
441
Terms of orders etc.
The court may make an order, give leave or do anything else it
is authorised to do on the terms the court considers
appropriate.
442
Taking and recording evidence etc.
The court must take evidence on oath, affirmation, affidavit or
declaration and must record the evidence.
Division 3
443
Constituting court
Constituting court
(1)
The Governor in Council may, from time to time by gazette
notice, notify the names of District Court judges who are to be
the judges who constitute the court.
(2)
The Governor in Council may notify the names of District
Court judges to constitute the court for a stated period only.
(3)
A District Court judge who constitutes the court may do so
even if another District Court judge is constituting the court at
the same time.
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[s 444]
444
(4)
A failure to notify the name of a District Court judge under
subsection (1) does not affect, and never has affected, the
validity of any decision or order made by the judge
constituting, or purporting to constitute, the court.
(5)
A decision or order of a District Court judge constituting, or
purporting to constitute, the court after the expiry of the
period stated for the judge under subsection (2) is not, and
never has been, invalidly made merely because the decision or
order was made after the expiry.
Jurisdiction of judges not impaired
The jurisdiction of a District Court judge named to constitute
the court is not limited exclusively to the court.
Division 4
445
Rules and orders or directions
about proceedings
Rules of court
(1)
The Governor in Council, with the concurrence of 2 or more
District Court judges of whom the Chief Judge is to be 1, may
make rules about anything—
(a)
required or permitted to be prescribed by the rules; or
(b)
necessary or convenient to be prescribed for the
purposes of the court.
(2)
Without limiting subsection (1), the rules may provide for the
procedures of the court, including matters that may be dealt
with by a court officer.
(3)
The procedures of the court are governed by the rules.
(4)
The rules may be uniform rules that apply to other courts.
(5)
The rules are subordinate legislation.
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 446]
446
Orders or directions
(1)
The court may make an order or direction about the conduct
of a proceeding it considers appropriate, even though the
order or direction may be inconsistent with a provision of the
rules.
(2)
The Chief Judge of the District Court may issue directions of
general application about the procedure of the court, even
though the direction may be inconsistent with a provision of
the rules.
(3)
In deciding whether to make an order or direction, the
interests of justice are paramount.
(4)
If an order or direction of the court or the Chief Judge is
inconsistent with a provision of the rules, the order or
direction prevails to the extent of the inconsistency.
(5)
The court or Chief Judge may at any time vary or revoke an
order or direction made under this section.
Division 5
447
Parties to proceedings and court
sittings
Where court may sit
The court may sit at any place.
448
Appearance
A party to a proceeding may appear personally or by lawyer
or agent.
449
Adjournments
The court may—
(a)
Page 280
adjourn proceedings from time to time and from place to
place; and
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 450]
(b)
450
adjourn proceedings to a time, or a time and place, to be
fixed.
What happens if judge dies or is incapacitated
(1)
This section applies if, after starting to hear a proceeding, the
judge hearing the proceeding (the first judge) dies or can not
continue with the proceeding for any reason, including, for
example, absence or illness.
(2)
Another judge may—
(a)
after consulting with the parties—
(i)
order the proceeding be reheard; or
(ii) adjourn the proceeding to allow the first judge to
continue dealing with the proceeding when able; or
(b)
with the consent of the parties, make an order the judge
considers appropriate about—
(i)
deciding the proceeding; or
(ii) completing the hearing of, and deciding, the
proceeding.
(3)
451
An order mentioned in subsection (2)(b) is taken to be a
decision of the court.
Stating case for Court of Appeal’s opinion
(1)
This section applies if a question of law arises during a
proceeding and the judge considers it desirable that the
question be decided by the Court of Appeal.
(2)
The judge may state the question in the form of a special case
for the opinion of the Court of Appeal.
(3)
The special case may be stated only during the proceeding
mentioned in subsection (1).
Current as at 19 December 2014
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Part 1 Planning and Environment Court
[s 452]
(4)
Until the Court of Appeal has decided the special case, the
court must not make a decision to which the question is
relevant.
(5)
When the Court of Appeal has decided the special case, the
court must not proceed in a way, or make a decision, that is
inconsistent with the Court of Appeal’s decision on the
special case.
Division 6
452
Registry and other court officers
Registrars and other court officers
(1)
The principal registrar of the District Court at Brisbane is the
principal registrar of the court.
(2)
The registrars of the District Court are the registrars of the
court.
(3)
The other court officers of the District Court are the other
court officers of the court.
453
Registries
(1)
Each District Court registry is a registry of the court.
(2)
The registry of the court at Brisbane is the principal registry of
the court.
(3)
The registries of the court are under the control of the
principal registrar.
(4)
The principal registrar may give directions to the registrars
and other court officers employed in the registries.
454
Court records
(1)
Page 282
The principal registrar must keep records of decisions of the
court and perform the other functions the court directs.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 455]
(2)
455
The records of the court held at a place must be kept in the
custody of the principal registrar.
Judicial notice
All courts and persons acting judicially must take judicial
notice of the appointment and signature of every person
holding office under this part.
Division 7
456
Other court matters
Court may make declarations and orders
(1)
(2)
Any person may bring a proceeding in the court for a
declaration about any of the following—
(a)
a matter done, to be done or that should have been done
for this Act other than a matter for chapter 6, part 11;
(b)
the construction of this Act, planning instruments under
this Act and guidelines made under section 117, 627 or
630(1);
(c)
the construction of a land use plan under the Airport
Assets (Restructuring and Disposal) Act 2008 and
chapter 3, part 1 of that Act;
(d)
the construction of the Brisbane port LUP under the
Transport Infrastructure Act;
(e)
the lawfulness of land use or development.
However, an assessment manager may bring a proceeding
about a matter done, to be done or that should have been done
for chapter 6, part 11, division 2 for a development application
if, when the application was called in under that part, the
assessment manager—
(a)
had not decided the application; or
(b)
had refused the application.
Current as at 19 December 2014
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[s 457]
(3)
The proceeding may be brought on behalf of a person.
(4)
If the proceeding is brought on behalf of a person, the person
must consent or if the person is an unincorporated body, its
committee or other controlling or governing body must
consent.
(5)
A person on whose behalf a proceeding is brought may
contribute to, or pay, the legal costs incurred by the person
bringing the proceeding.
(6)
The court has jurisdiction to hear and decide a proceeding for
a declaration about a matter mentioned in subsection (1).
(7)
The court may also make an order about a declaration made
by the court.
(8)
If a person starts a proceeding under this section, the person
must, on the day the person starts the proceeding, give the
chief executive written notice of the proceeding.
(9)
If the Minister is satisfied the proceeding involves a State
interest, the Minister may elect to be a party to the proceeding
by filing in the court a notice of election in the approved form.
457
Costs
(1)
Costs of a proceeding or part of a proceeding, including an
application in a proceeding, are in the discretion of the court.
(2)
In making an order for costs, the court may have regard to any
of the following matters—
Page 284
(a)
the relative success of the parties in the proceeding;
(b)
the commercial interests of the parties in the
proceeding;
(c)
whether a party commenced or participated in the
proceeding for an improper purpose;
(d)
whether a party commenced or participated in the
proceeding without reasonable prospects of success;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 457]
(e)
if the proceeding is an appeal against a decision on a
development application and the court decides the
decision conflicts with a relevant instrument as defined
under section 326(2) or 329(2), whether the matters
mentioned in section 326(1) or 329(1) have been
satisfied;
(f)
if the proceeding is an appeal to which section 495(2)
applies and there is a change to the application on which
the decision being appealed was made, the
circumstances relating to making the change and its
effect on the proceeding;
(g)
whether the proceeding involves an issue that affects, or
may affect, a matter of public interest, in addition to any
personal right or interest of a party to the proceeding;
(h)
whether a party has acted unreasonably leading up to the
proceeding, including, for example, if the proceeding is
an appeal against a decision on a development
application, the party did not, in responding to an
information request, give all the information reasonably
requested before the decision was made;
(i)
whether a party has acted unreasonably in the conduct
of the proceeding, including, for example—
(i)
by not giving another party reasonable notice of
the party’s intention to apply for an adjournment of
the proceeding; or
(ii) by causing an adjournment of the proceeding
because of the conduct of the party;
(j)
whether a party has incurred costs because another party
has introduced, or sought to introduce, new material;
(k)
whether a party has incurred costs because another party
has not complied with, or has not fully complied with, a
provision of this Act or another Act relating to a matter
the subject of the proceeding;
(l)
whether a party has incurred costs because another party
has defaulted in the court’s procedural requirements;
Current as at 19 December 2014
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[s 457]
(m) whether a party should have taken a more active part in a
proceeding and did not do so.
(3)
Subsection (2) does not limit the matters to which the court
may have regard in making an order as to costs.
(4)
Despite subsection (1), if—
(a)
early in a proceeding the parties to the proceeding
participate in a dispute resolution process under the
ADR provisions or the Planning and Environment Court
Rules 2010; and
(b)
the proceeding is resolved during the dispute resolution
process or soon after it has been finalised;
each party to the proceeding must bear the party’s own costs
for the proceeding unless the court orders otherwise.
(5)
If the parties to a proceeding under this part participate in a
dispute resolution process under the ADR provisions or the
Planning and Environment Court Rules 2010 and the
proceeding is not resolved, the costs of the proceeding include
the costs of the dispute resolution process.
(6)
Also, the costs of a proceeding include investigation costs for
the following—
(a)
a declaration under section 456(1)(e);
(b)
an order made by the court under section 456(7) about a
declaration made by the court;
(c)
an appeal against the giving of an enforcement notice
under section 473(1);
(d)
a proceeding mentioned in section 601(1).
(7)
Investigation costs for subsection (6) include costs the court
decides were reasonably incurred by a party to the proceeding
relating to investigations or gathering of evidence for the
making of the declaration or order, the giving of the
enforcement notice or the bringing of the proceeding.
(8)
Subsections (9) to (15) apply to a proceeding despite
subsection (1).
Page 286
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 457]
(9)
Costs of a proceeding mentioned in section 601, including an
application in a proceeding mentioned in that section, are in
the discretion of the court but follow the event, unless the
court orders otherwise.
(10)
If a person brings a proceeding in the court for a declaration
against an owner who sought the cancellation of a
development approval without the consent of another person
or entity mentioned in section 380(2), and the court makes the
order, the court must award costs against the owner.
(11)
If a person brings an appeal under section 477 and the appeal
is not withdrawn, the court must award costs against the
relevant Minister or local government—
(a)
if the appeal is upheld; and
(b)
if the appeal is against a deemed refusal—even if the
appeal is not upheld.
(12)
If a person brings a proceeding in the court for a declaration
requiring a designator to give, under section 227, a notice of
intention to resume an interest in land under the Acquisition
Act and the court makes an order about the declaration, the
court must award costs against the designator.
(13)
If a person brings a proceeding in the court for a declaration
and order requiring an assessment manager to give, under
section 267, an acknowledgement notice and the court makes
the order, the court must award costs against the assessment
manager.
(14)
If the court allows an assessment manager or compliance
assessor to withdraw from an appeal, the court must not award
costs against the assessment manager or compliance assessor.
(15)
The court may, if it considers it appropriate, order the costs to
be decided under the appropriate procedure, and scale of
costs, prescribed by law for proceedings in the District Court.
(16)
An order made under this section may be made an order of the
District Court and enforced in the District Court.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 458]
Note—
See section 491B(3) for when a party to a proceeding must bear the
party’s own costs.
458
Privileges, protection and immunity
A person who is one of the following has the same privileges,
protection or immunity as the person would have if the
proceeding were in the District Court—
459
(a)
the judge presiding over the proceeding;
(b)
a lawyer or agent appearing in the proceeding;
(c)
a witness attending in the proceeding.
Payment of witnesses
Every witness summoned is entitled to be paid reasonable
expenses by the party requiring the attendance of the witness.
460
Evidence of local planning instruments
(1)
If a chief executive officer of a local government is satisfied a
document is a true copy of a local planning instrument, or a
part of the local planning instrument, in force for the local
government at a time stated in the document, the chief
executive officer may so certify the document.
(2)
In a proceeding, a document certified under subsection (1) is
admissible in evidence as if it were the original local planning
instrument or part of the instrument.
Page 288
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 461]
Division 8
461
Appeals by applicants
(1)
(2)
(3)
462
Appeals to court relating to
development applications and
approvals
An applicant for a development application may appeal to the
court against any of the following—
(a)
the refusal, or the refusal in part, of the development
application;
(b)
any condition of a development approval, another matter
stated in a development approval and the identification
or inclusion of a code under section 242;
(c)
the decision to give a preliminary approval when a
development permit was applied for;
(d)
the length of a period mentioned in section 341;
(e)
a deemed refusal of the development application.
An appeal under subsection (1)(a), (b), (c) or (d) must be
started within 20 business days (the applicant’s appeal
period) after—
(a)
if a decision notice or negotiated decision notice is
given—the day the decision notice or negotiated
decision notice is given to the applicant; or
(b)
otherwise—the day a decision notice was required to be
given to the applicant.
An appeal under subsection (1)(e) may be started at any time
after the last day a decision on the matter should have been
made.
Appeals by submitters—general
(1)
A submitter for a development application may appeal to the
court only against—
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 463]
(2)
(a)
the part of the approval relating to the assessment
manager’s decision about any part of the application
requiring impact assessment under section 314; or
(b)
the part of the approval relating to the assessment
manager’s decision under section 327.
To the extent an appeal may be made under subsection (1), the
appeal may be against 1 or more of the following—
(a)
the giving of a development approval;
(b)
any provision of the approval including—
(i)
a condition of, or lack of condition for, the
approval; or
(ii) the length of a period mentioned in section 341 for
the approval.
(3)
(4)
463
However, a submitter may not appeal if the submitter—
(a)
withdraws the submission before the application is
decided; or
(b)
has given the assessment manager a notice under section
339(1)(b)(ii).
The appeal must be started within 20 business days (the
submitter’s appeal period) after the decision notice or
negotiated decision notice is given to the submitter.
Additional and extended appeal rights for submitters for
particular development applications
(1)
This section applies to a development application to which
chapter 9, part 7 applies.
(2)
A submitter of a properly made submission for the application
may appeal to the court about a referral agency’s response
made by a concurrence agency for the application.
(3)
However, the submitter may only appeal against a referral
agency’s response to the extent it relates to—
(a)
Page 290
development for an aquacultural ERA; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 464]
(b)
development that is—
(i)
a material change of use of premises for
aquaculture; or
(ii) operational work that is the removal, damage or
destruction of a marine plant.
(4)
464
Despite section 462(1), the submitter may appeal against the
following matters for the application even if the matters relate
to code assessment—
(a)
a decision about a matter mentioned in section 462(2) if
it is a decision of the chief executive;
(b)
a referral agency’s response mentioned in subsection
(2).
Appeals by advice agency submitters
(1)
Subsection (2) applies if an advice agency, in its response for
an application, told the assessment manager to treat the
response as a properly made submission.
(2)
The advice agency may, within the limits of its jurisdiction,
appeal to the court about—
(a)
any part of the approval relating to the assessment
manager’s decision about any part of the application
requiring impact assessment under section 314; or
(b)
any part of the approval relating to the assessment
manager’s decision under section 327.
(3)
The appeal must be started within 20 business days after the
day the decision notice or negotiated decision notice is given
to the advice agency as a submitter.
(4)
However, if the advice agency has given the assessment
manager a notice under section 339(1)(b)(ii), the advice
agency may not appeal the decision.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 465]
465
Appeals about decisions relating to extensions for
approvals
(1)
For a development approval given for a development
application, a person to whom a notice is given under section
389, other than a notice for a decision under section 386(2),
may appeal to the court against the decision in the notice.
(2)
The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.
(3)
Also, a person who has made a request under section 383 may
appeal to the court against a deemed refusal of the request.
(4)
An appeal under subsection (3) may be started at any time
after the last day the decision on the matter should have been
made.
466
Appeals about decisions relating to permissible changes
(1)
For a development approval given for a development
application, the following persons may appeal to the court
against a decision on a request to make a permissible change
to the approval—
(a)
if the responsible entity for making the change is the
assessment manager for the application—
(i)
the person who made the request; or
(ii) an entity that gave a notice under section 373 or a
pre-request response notice about the request;
(b)
if the responsible entity for making the change is a
concurrence agency for the application—the person who
made the request.
(2)
The appeal must be started within 20 business days after the
day the person is given notice of the decision on the request
under section 376.
(3)
Also, a person who has made a request under section 369 may
appeal to the court against a deemed refusal of the request.
Page 292
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 467]
(4)
467
An appeal under subsection (3) may be started at any time
after the last day the decision on the matter should have been
made.
Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence agency
(1)
A person to whom a notice under section 378(9)(b) giving a
decision to change or cancel a condition of a development
approval has been given may appeal to the court against the
decision in the notice.
(2)
The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.
Division 9
468
469
Appeals to court about compliance
assessment
Appeals against decision on request for compliance
assessment
(1)
A person to whom an action notice has been given under
section 405(5) about a request for compliance assessment of
development, a document or work may appeal to the court
against the decision in the notice.
(2)
The appeal must be started within 20 business days after the
notice is given to the person.
Appeals against condition imposed on compliance
permit or certificate
(1)
A person who is given a compliance permit or compliance
certificate subject to any conditions may appeal to the court
against the decision to impose the condition.
(2)
The appeal must be started within 20 business days after the
day the compliance permit or compliance certificate is given
to the person.
Current as at 19 December 2014
Page 293
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 470]
470
Appeals against particular decisions about compliance
assessment
(1)
(2)
A person to whom any of the following notices have been
given may appeal to the court against the decision in the
notice—
(a)
a notice of a decision on a request to change or withdraw
an action notice;
(b)
a notice under section 413(2)(c) about a decision to
refuse a request to change a compliance permit or
compliance certificate.
The appeal must be started within 20 business days after the
day the notice is given to the person.
Division 10
472
Appeals to court about other
matters
Appeal about extension of period under s 98
(1)
A person who has requested an extension under section 98(2)
may appeal to the court against a refusal of the request.
(2)
An appeal under subsection (1) must be started within 20
business days after the day the person is given notice of the
refusal.
(3)
Also, a person who has made a request under section 98(2)
may appeal to the court against a deemed refusal of the
request.
(4)
An appeal under subsection (3) may be started at any time
after the last day the decision on the matter should have been
made.
(5)
However, an appeal under this section may only be about
whether the refusal is so unreasonable that no reasonable
relevant local government could have refused the request.
Page 294
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 473]
473
474
Appeals against enforcement notices
(1)
A person who is given an enforcement notice may appeal to
the court against the giving of the notice.
(2)
The appeal must be started within 20 business days after the
day notice is given to the person.
Stay of operation of enforcement notice
(1)
(2)
475
The lodging of a notice of appeal about an enforcement notice
stays the operation of the enforcement notice until—
(a)
the court, on the application of the entity issuing the
notice, decides otherwise; or
(b)
the appeal is withdrawn; or
(c)
the appeal is dismissed.
However, subsection (1) does not apply if the enforcement
notice is about—
(a)
a work, if the enforcement notice states the entity
believes the work is a danger to persons or a risk to
public health; or
(b)
stopping the demolition of a work; or
(c)
clearing vegetation on freehold land; or
(d)
the removal of quarry material allocated under the Water
Act 2000; or
(e)
extracting clay, gravel, rock, sand or soil, not mentioned
in paragraph (d), from Queensland waters; or
(f)
development the assessing authority reasonably believes
is causing erosion or sedimentation; or
(g)
development the assessing authority reasonably believes
is causing an environmental nuisance.
Appeals against local laws
(1)
This section applies if—
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 475A]
(a)
an applicant is dissatisfied with a decision of a local
government or the conditions applied under a local law
about the use of premises or the erection of a building or
other structure; and
(b)
the use is not prohibited development under the
planning scheme or a temporary local planning
instrument for the planning scheme area.
(2)
The applicant may appeal to the court against the decision or
the conditions applied.
(3)
The appeal must be started within 20 business days after the
day notice of the decision is given to the applicant.
475A Appeals against decisions under ch 8A
(1)
A person who has been given an information notice for a
decision of the Minister under chapter 8A, part 3 may appeal
to the court against the decision.
(2)
An appeal under subsection (1) must be started within 20
business days after the day the information notice is given.
(3)
If the Minister decides, under chapter 8A, part 3, to register
premises or to renew the registration of premises, a relevant
person for the premises who is dissatisfied with the decision
may appeal to the court against the decision.
(4)
An appeal under subsection (3) must be started within 20
business days after the day notice about the registration or
renewal is published under section 680Y.
(5)
In this section—
relevant person, for premises, means any owner or occupier
of land in the affected area for the premises.
476
Appeals against decisions on compensation claims
(1)
Page 296
A person who is dissatisfied with a decision under section 710
or 716 for the payment of compensation may appeal to the
court against—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 477]
477
the decision; or
(b)
a deemed refusal of the claim.
(2)
An appeal under subsection (1)(a) must be started within 20
business days after the day notice of the decision is given to
the person.
(3)
An appeal under subsection (1)(b) may be started at any time
after the last day a decision on the matter should have been
made.
Appeals against decisions on requests to acquire
designated land under hardship
(1)
478
(a)
A person who is dissatisfied with a designator’s decision to
refuse a request made by the person under section 222 may
appeal to the court against—
(a)
the decision; or
(b)
a deemed refusal of the request.
(2)
An appeal under subsection (1)(a) must be started within 20
business days after the day notice of the decision is given to
the person.
(3)
An appeal under subsection (1)(b) may be started at any time
after the last day a decision on the matter should have been
made.
Appeals about infrastructure charges notice
(1)
The recipient of an infrastructure charges notice may appeal
to the court about the decision to give the notice.
(2)
However, the appeal may be made only on 1 or more of the
following grounds—
(a)
the charge in the notice is so unreasonable that no
reasonable relevant local government could have
imposed it;
(b)
the decision involved an error relating to—
Current as at 19 December 2014
Page 297
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 478A]
(i)
the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional
demand; or
(iii) an offset or refund;
(c)
there was no decision about an offset or refund;
Examples of possible errors in applying an adopted charge—
(d)
(3)
•
the incorrect application of gross floor area for a
non-residential development
•
applying an incorrect ‘use category’ under an SPRP
(adopted charges) to the development
if the infrastructure charges notice states a refund will be
given—the timing for giving the refund.
To remove any doubt, it is declared that the appeal must not be
about—
(a)
the adopted charge itself; or
(b)
for a decision about an offset or refund—
(i)
the establishment cost of infrastructure identified
in an LGIP; or
(ii) the cost of infrastructure decided using the method
included in the local government’s charges
resolution.
(4)
The appeal must be started within 20 business days after the
day the recipient is given the relevant infrastructure charges
notice.
478A Appeals against refusal of conversion application
(1)
The applicant for a conversion application may appeal to the
court against a refusal, or deemed refusal, of the application.
(2)
The appeal must be started within the following period—
(a)
Page 298
if the applicant is given written notice of the refusal—20
business days after the day the applicant is given the
notice;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 479]
(b)
479
Appeals from building and development committees
(1)
(2)
480
otherwise—20 business days after the end of the
required period under section 660(5) for the application.
A party to a proceeding decided by a building and
development committee may appeal to the court against the
committee’s decision, but only on the ground—
(a)
of an error or mistake in law on the part of the
committee; or
(b)
that the committee had no jurisdiction to make the
decision or exceeded its jurisdiction in making the
decision.
An appeal against a building and development committee’s
decision must be started within 20 business days after the day
notice of the committee’s decision is given to the party.
Court may remit matter to building and development
committee
If an appeal includes a matter within the jurisdiction of a
building and development committee and the court is satisfied
the matter should be dealt with by a building and development
committee, the court must remit the matter to the committee
for decision.
Division 11
481
Making an appeal to court
How appeals to the court are started
(1)
An appeal is started by lodging written notice of appeal with
the registrar of the court.
(2)
The notice of appeal must state the grounds of the appeal.
(3)
The person starting the appeal must also comply with the rules
of the court applying to the appeal.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 482]
(4)
482
However, the court may hear and decide an appeal even if the
person has not complied with subsection (3).
Notice of appeal to other parties—development
applications and approvals
(1)
An appellant under division 8 must give written notice of the
appeal to—
(a)
if the appellant is an applicant—
(i)
the chief executive; and
(ii) the assessment manager; and
(iii) any concurrence agency; and
(iv) any principal submitter whose submission has not
been withdrawn; and
(v) any advice agency treated as a submitter whose
submission has not been withdrawn; or
(b)
if the appellant is a submitter or an advice agency whose
response to the development application is treated as a
submission for an appeal—
(i)
the chief executive; and
(ii) the assessment manager; and
(iii) any referral agency; and
(iv) the applicant; or
(c)
if the appellant is a person to whom a notice mentioned
in section 465(1) has been given—
(i)
the chief executive; and
(ii) the assessment manager for the development
application to which the notice relates; and
(iii) any entity that was a concurrence agency for the
development application to which the notice
relates; and
Page 300
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 482]
(iv) the person who made the request under section 383
to which the notice relates, if the person is not the
appellant; or
(d)
if the appellant is a person mentioned in section
466(1)—
(i)
the chief executive; and
(ii) the responsible entity for making the change to
which the appeal relates; and
(iii) the person who made the request to which the
appeal relates under section 369, if the person is
not the appellant; and
(iv) if the responsible entity is the assessment
manager—any entity that was a concurrence
agency for the development application to which
the notice of the decision on the request relates; or
(e)
(2)
(3)
if the appellant is a person to whom a notice mentioned
in section 467 has been given—the entity that gave the
notice.
The notice must be given within—
(a)
if the appellant is a submitter or advice agency whose
response to the development application is treated as a
submission for an appeal—2 business days after the
appeal is started; or
(b)
otherwise—10 business days after the appeal is started.
The notice must state—
(a)
the grounds of the appeal; and
(b)
if the person given the notice is not the respondent or a
co-respondent under section 485—that the person may,
within 10 business days after the notice is given, elect to
become a co-respondent to the appeal by filing in the
court a notice of election in the approved form.
Current as at 19 December 2014
Page 301
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 483]
483
Notice of appeals to other parties—compliance
assessment
(1)
An appellant under division 9 must, within 10 business days
after the day the appeal is started, give written notice of the
appeal to—
(a)
if the appellant is a person to whom an action notice,
compliance permit or compliance certificate has been
given—
(i)
the compliance assessor who gave the notice,
permit or certificate; and
(ii) if the compliance assessor was a nominated entity
of a local government and a copy of the request for
compliance assessment was given to the local
government under section 402—the local
government; or
(b)
if the appellant is a person to whom a notice mentioned
in section 470(1) has been given—
(i)
the entity that gave the notice; and
(ii) if the entity that gave the notice was a nominated
entity of a local government and the written
agreement of the local government was required to
give the notice—the local government.
(2)
484
The notice must state the grounds of the appeal.
Notice of appeal to other parties—other matters
(1)
Page 302
An appellant under division 10 must, within 10 business days
after the day the appeal is started, give written notice of the
appeal to—
(a)
if the appeal is under section 472 or 475—the local
government; or
(b)
if the appeal is under section 475A(1)—the Minister; or
(c)
if the appeal is under section 475A(3)—the Minister and
the owner of the registered premises; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 485]
(2)
485
(d)
if the appeal is under section 478—the entity that gave
the notice the subject of the appeal; or
(e)
if the appellant is a person to whom an enforcement
notice is given—the entity that gave the notice and if the
entity is not the local government, the local government;
or
(f)
if the appellant is a person dissatisfied with a decision
about compensation—the local government that decided
the claim; or
(g)
if the appellant is a person dissatisfied with a decision
about acquiring designated land—the designator; or
(h)
if the appellant is a party to a proceeding decided by a
building and development committee—the other party
to the proceeding.
The notice must state the grounds of the appeal.
Respondent and co-respondents for appeals under div 8
(1)
Subsections (2) to (8) apply for appeals under sections 461 to
464.
(2)
The assessment manager is the respondent for the appeal.
(3)
If the appeal is started by a submitter, the applicant is a
co-respondent for the appeal.
(4)
Any submitter may elect to become a co-respondent for the
appeal.
(5)
If the appeal is about a concurrence agency’s response, the
concurrence agency is a co-respondent for the appeal.
(6)
If the appeal is only about a concurrence agency’s response,
the assessment manager may apply to the court to withdraw
from the appeal.
(7)
The respondent and any co-respondents for an appeal are
entitled to be heard in the appeal as a party to the appeal.
Current as at 19 December 2014
Page 303
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 486]
(8)
A person to whom a notice of appeal is required to be given
under section 482 and who is not the respondent or a
co-respondent for the appeal may elect to be a co-respondent.
(9)
For an appeal under section 465—
(10)
(a)
the assessment manager is the respondent; and
(b)
if the appeal is started by a concurrence agency that
gave the assessment manager a notice under section
385—the person asking for the extension the subject of
the appeal is a co-respondent; and
(c)
any other person given notice of the appeal may elect to
become a co-respondent.
For an appeal under section 466—
(a)
the responsible entity for making the change to which
the appeal relates is the respondent; and
(b)
if the responsible entity is the assessment manager—
(i)
if the appeal is started by a person who gave a
notice under section 373 or a pre-request response
notice—the person who made the request for the
change is a co-respondent; and
(ii) any other person given notice of the appeal may
elect to become a co-respondent.
(11)
486
For an appeal under section 467, the respondent is the entity
given notice of the appeal.
Respondent and co-respondents for appeals under div 9
(1)
Page 304
For an appeal under section 468 or 469—
(a)
the compliance assessor is the respondent; and
(b)
if the compliance assessor is a nominated entity of a
local government and the appeal relates to a matter
required by a local government—the local government
is a co-respondent.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 487]
(2)
However, if the appeal is only about a matter required by the
local government, the compliance assessor may apply to the
court to withdraw from the appeal.
(3)
For an appeal under section 470—
(4)
487
488
(a)
the entity that gave the notice to which the appeal relates
is the respondent; and
(b)
if the entity mentioned in paragraph (a) is a nominated
entity of a local government and the local government
did not agree to the request mentioned in section
470(1)—the local government is a co-respondent.
However, if the appeal is only about the local government’s
refusal of the request, the entity that gave the notice to which
the appeal relates may apply to the court to withdraw from the
appeal.
Respondent and co-respondents for appeals under div 10
(1)
This section applies if an entity is required under section 484
to be given a notice of an appeal.
(2)
The entity given notice is the respondent for the appeal.
(3)
However, if under a provision of the section more than 1
entity is required to be given notice, only the first entity
mentioned in the provision is the respondent.
(4)
The second entity mentioned in the provision may elect to be
a co-respondent.
How an entity may elect to be a co-respondent
An entity that is entitled to elect to be a co-respondent to an
appeal may do so, within 10 business days after notice of the
appeal is given to the entity, by following the rules of court for
the election.
Current as at 19 December 2014
Page 305
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 489]
489
Minister entitled to be party to an appeal involving a State
interest
If the Minister is satisfied an appeal involves a State interest,
the Minister may, at any time before the appeal is decided,
elect to be a party to the appeal by filing in the court a notice
of election in the approved form.
490
Lodging appeal stops particular actions
(1)
If an appeal, other than an appeal under section 465, 466 or
467, is started under division 8, the development must not be
started until the appeal is decided or withdrawn.
(2)
If an appeal is about a condition imposed on a compliance
permit, the development must not be started until the appeal is
decided or withdrawn.
(3)
Despite subsections (1) and (2), if the court is satisfied the
outcome of the appeal would not be affected if the
development or part of the development is started before the
appeal is decided, the court may allow the development or
part of the development to start before the appeal is decided.
Division 12
491
Alternative dispute resolution
ADR process applies to proceedings started under this
part
(1)
The Civil Proceedings Act 2011, part 6 (the ADR provisions)
applies to proceedings started under this part.
(2)
To the extent there is any inconsistency between the cost
provisions of the ADR provisions and the cost provisions of
this Act, the cost provisions of the ADR provisions prevail.
(3)
If a dispute in a proceeding under this part is referred to a
dispute resolution process under the ADR provisions—
(a)
Page 306
the proceeding is not stayed unless the court orders
otherwise; and
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 1 Planning and Environment Court
[s 491A]
(b)
(4)
the court must not decide the proceeding until the
dispute resolution process under the ADR provisions
has been finalised.
In applying the ADR provisions to a proceeding under this
part—
(a)
a reference to a court is taken to be a reference to the
Planning and Environment Court; and
(b)
definitions and other interpretative provisions of the
Civil Proceedings Act 2011 relevant to the ADR
provisions apply.
Division 12A
ADR registrar
491A Definition for div 12A
In this division—
ADR registrar means a registrar or court officer of the District
Court appointed as an ADR registrar of the court by the
principal registrar of the court, in consultation with the Chief
Judge of the District Court.
491B Power of ADR registrar
(1)
The Chief Judge of the District Court may issue directions
about the matters in which the ADR registrar may exercise a
power of the court under this part.
(2)
The court may direct the ADR registrar in a particular matter
to hear and decide a proceeding started under this part.
(3)
Despite section 457(1), (4) and (9) to (14), if the court directs
the ADR registrar under subsection (2) and the ADR registrar
decides the proceeding, each party to the proceeding bears the
party’s own costs for the proceeding.
(4)
In exercising a power of the court under this division, the
ADR registrar must act as quickly, and with as little formality
Current as at 19 December 2014
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Part 1 Planning and Environment Court
[s 491C]
and technicality, as is consistent with a fair and appropriate
consideration of the issues.
(5)
A decision, direction or act of the ADR registrar made, given
or done under this part, may be reviewed by the court.
(6)
An application for the review of a decision, direction or act of
the ADR registrar made, given or done under this part, must
be made within—
(a)
21 days after the decision, direction or act complained
of is made, given or done; or
(b)
any further period allowed by the court.
491C Reference by ADR registrar
(1)
If a proceeding before the ADR registrar appears to the ADR
registrar to be proper for the decision of the court, the ADR
registrar may refer the matter to the court.
(2)
If the ADR registrar refers a matter to the court, the court may
dispose of the matter or refer it back to the ADR registrar with
any direction that the court considers appropriate.
Division 13
492
Court process for appeals
Hearing procedures
The procedure for hearing an appeal is to be under the rules of
court and the orders or directions of the court or the Chief
Judge.
Note—
See section 446(4) for when an order or direction of the court or the
Chief Judge prevails over the rules of court.
Page 308
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Part 1 Planning and Environment Court
[s 493]
493
Who must prove case
(1)
In an appeal by the applicant for a development application, it
is for the appellant to establish that the appeal should be
upheld.
(2)
In an appeal by a submitter for a development application, it is
for the applicant to establish that the appeal should be
dismissed.
(3)
In an appeal by an advice agency for a development
application that told the applicant and the assessment manager
to treat its response to the application as a submission for an
appeal, it is for the applicant to establish that the appeal
should be dismissed.
(4)
In an appeal by a person who appeals under section 465, 466,
467, 472, 475, 475A(1) or 478, it is for the appellant to
establish that the appeal should be upheld.
(5)
In an appeal by a person who appeals under division 9, it is for
the appellant to establish that the appeal should be upheld.
(6)
In an appeal by a person who is given an enforcement notice,
it is for the entity that gave the notice to establish that the
appeal should be dismissed.
(7)
In an appeal by a person who is dissatisfied with a decision
about compensation, it is for the local government that
decided the claim to establish that the appeal should be
dismissed.
(8)
In an appeal by a person who is dissatisfied with a decision
about acquiring designated land, it is for the designator to
establish that the appeal should be dismissed.
(9)
In an appeal by a party to a proceeding decided by a building
and development committee, it is for the appellant to establish
that the appeal should be upheld.
(10)
In an appeal under section 475A(3) by a person who is
dissatisfied with a decision to register or renew registration of
premises under chapter 8A, it is for the owner of the registered
premises to establish that the appeal should be dismissed.
Current as at 19 December 2014
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Part 1 Planning and Environment Court
[s 494]
494
Court may hear appeals together
The court may hear 2 or more appeals together.
495
Appeal by way of hearing anew
(1)
An appeal is by way of hearing anew.
(2)
However, if the appellant is the applicant or a submitter for a
development application, the court—
(a)
must decide the appeal based on the laws and policies
applying when the application was made, but may give
weight to any new laws and policies the court considers
appropriate; and
(b)
must not consider a change to the application on which
the decision being appealed was made unless the change
is only a minor change.
(3)
Also, if the appellant is a person who made a request for
compliance assessment, the court must decide the appeal
based on the laws and policies applying when the request was
made, but may give weight to any new laws and policies the
court considers appropriate.
(4)
To remove any doubt, it is declared that if the appellant is the
applicant or a submitter for a development application—
(a)
the court is not prevented from considering and making
a decision about a ground of appeal (based on a
concurrence agency’s response) merely because this Act
required the assessment manager to refuse the
application or approve the application subject to
conditions; and
(b)
in an appeal against a decision about a development
application (superseded planning scheme), the court
also must—
(i)
Page 310
consider the aspect of the appeal relating to the
assessment manager’s consideration of the
superseded planning scheme as if the application
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Part 1 Planning and Environment Court
[s 496]
were made under the superseded planning scheme;
and
(ii) in considering the aspect, disregard the planning
scheme applying when the application was made.
(5)
In addition, if the appellant is a person who made a request for
compliance assessment—
(a)
the court is not prevented from considering and making
a decision about a ground of appeal (based on a
response given by a local government under section
402) merely because this Act required the compliance
assessor to give an action notice or include conditions in
a compliance permit or compliance certificate; and
(b)
in an appeal against a decision about a request for
compliance assessment assessed and decided under a
superseded planning scheme, the court also must—
(i)
consider the appeal as if the request were made
under the superseded planning scheme; and
(ii) disregard the planning scheme applying when the
request was made.
496
Appeal decision
(1)
In deciding an appeal the court may make the orders and
directions it considers appropriate.
(2)
Without limiting subsection (1), the court may—
(3)
(a)
confirm the decision appealed against; or
(b)
change the decision appealed against; or
(c)
set aside the decision appealed against and make a
decision replacing the decision set aside.
If the court acts under subsection (2)(b) or (c), the court’s
decision is taken, for this Act, other than this division, to be
the decision of the entity making the appealed decision.
Current as at 19 December 2014
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Part 1 Planning and Environment Court
[s 497]
(4)
497
If the appeal is an appeal against the decision of a building
and development committee, the court may return the matter
to the committee with a direction that the committee make its
decision according to law.
Court may allow longer period to take an action
In this part, if an action must be taken within a specified time,
the court may allow a longer time to take the action if the
court is satisfied there are sufficient grounds for the extension.
Division 14
498
Appeals to Court of Appeal
Who may appeal to Court of Appeal
(1)
(2)
499
A party to a proceeding may, under the rules of court, appeal a
decision of the court on the ground—
(a)
of error or mistake in law on the part of the court; or
(b)
that the court had no jurisdiction to make the decision;
or
(c)
that the court exceeded its jurisdiction in making the
decision.
However, the party may appeal only with the leave of the
Court of Appeal or a judge of appeal.
When leave to appeal must be sought and appeal made
(1)
A party intending to seek leave of the Court of Appeal to
appeal against a decision of the court must, within 30 business
days after the court’s decision is given to the party, apply to
the Court of Appeal for leave to appeal against the decision.
(2)
If the Court of Appeal grants the leave, the notice of appeal
against the decision must be served and filed within 30
business days after the Court of Appeal grants leave to appeal.
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Part 1 Planning and Environment Court
[s 500]
500
Power of Court of Appeal
The Court of Appeal may do 1 or more of the following—
501
(a)
return the matter to the court or judge for decision in
accordance with the Court of Appeal’s decision;
(b)
affirm, amend, or revoke and substitute another order or
decision for, the court’s or judge’s order or decision;
(c)
make an order the Court of Appeal considers
appropriate.
Lodging appeal stops particular actions
(1)
If a decision on an appeal under division 8, other than an
appeal under section 465, 466 or 467, is appealed under this
division, the development must not be started until the appeal
under this division is decided or withdrawn.
(2)
If a decision on an appeal about a condition imposed on a
compliance permit is appealed under this division, the
development must not be started until the appeal under this
division is decided or withdrawn.
(3)
Despite subsections (1) and (2), if the Court of Appeal is
satisfied the outcome of the appeal before it would not be
affected if the development or part of the development is
started before the appeal is decided, the Court of Appeal may
allow the development or part of the development to start
before the appeal is decided.
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 502]
Part 2
Building and development
dispute resolution committees
Division 1
Constitution and jurisdiction of
committees
502
Committee membership
(1)
A building and development committee must not consist of
more than 5 members.
Note—
For the establishment of a building and development committee and the
appointment of its chairperson, see section 554.
(2)
If the committee is to hear only an appeal about a referral
agency’s response concerning the amenity and aesthetic
impact of a building or structure, its chairperson must be an
architect.
(3)
If the committee is to hear only an appeal about an
infrastructure charges notice or a conversion application, its
chairperson must be a lawyer.
503
Membership continuity for proceeding
After a building and development committee is established for
a committee proceeding, its membership must not be changed,
except under section 554B.
505
Referee with conflict of interest not to be member of
committee
(1)
This section applies to a referee if the chief executive advises
the referee that the chief executive proposes to appoint the
referee as a member of a building and development
committee, and either or both of the following apply—
(a)
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the committee is to hear a matter about premises—
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Part 2 Building and development dispute resolution committees
[s 506]
(i)
the referee owns; or
(ii) in relation to which the referee was, is, or is to be,
an architect, builder, drainer, engineer, planner,
plumber, plumbing inspector, private certifier, site
evaluator or soil assessor; or
(iii) in relation to which the referee has been, or will be,
engaged by any party to the proposed proceeding
in the referee’s capacity as an accountant, lawyer
or other professional; or
(iv) situated or to be situated in the area of a local
government of which the referee is an officer,
employee or councillor;
(b)
506
the referee has a direct or indirect personal interest in a
matter to be considered by the committee, and the
interest could conflict with the proper performance of
the referee’s functions in relation to the committee’s
consideration of the matter.
(2)
However, subsection (1) does not apply to a referee merely
because the referee previously acted in relation to the
preparation of a relevant local planning instrument.
(3)
The referee must advise the chief executive that this section
applies to the referee, and the chief executive must not
appoint the referee to the committee.
Referee not to act as member of committee in particular
cases
If a member of a building and development committee is
aware, or becomes aware, that the member should not have
been appointed to the committee, the member must not act as
a member of the committee.
507
Remuneration of members of committee
(1)
A member of a building and development committee must be
paid the remuneration the Governor in Council decides.
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 508]
(2)
508
A member who is a public service officer must not be paid
remuneration if the officer acts as a member during the
officer’s ordinary hours of duty as an officer but is entitled to
be paid expenses necessarily incurred by the officer in so
acting.
Jurisdiction of committees
A building and development committee has jurisdiction—
(a)
to hear and decide a proceeding for a declaration about a
matter mentioned in division 3, other than a matter done
for chapter 6, part 11; and
(b)
to decide any matter that may be appealed to a building
and development committee under divisions 4 to 7; and
(c)
to decide any matter that under another Act may be
appealed to a building and development committee.
Division 2
509
Other officials of building and
development committees
Appointment of registrar and other officers
(1)
The chief executive may at any time by gazette notice appoint
a registrar of building and development committees, and other
officers the chief executive considers appropriate to help
building and development committees to perform their
functions.
(2)
A public service officer may be appointed under subsection
(1) or may be assigned by the chief executive to perform
functions to help building and development committees, and
may hold the appointment or perform the functions
concurrently with any other appointment the officer holds in
the public service.
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Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 510]
Division 3
Committee declarations
Subdivision 1
Declarations
510
511
Declaration about whether development application is
properly made
(1)
An applicant for a development application may bring a
proceeding before a building and development committee for
a declaration about whether the application is a properly made
application.
(2)
The applicant must bring the proceeding within 20 business
days after receiving notice under section 266 that the
application is not a properly made application.
(3)
The assessment manager may, within 10 business days after
receiving a development application, bring a proceeding
before a building and development committee for a
declaration about whether the application is a properly made
application.
(4)
However, a person can not seek a declaration under this
section about whether a development application includes or
is supported by the written consent of the owner of the land
the subject of the application.
Declaration about acknowledgement notices
(1)
This section applies to a development application if the
application is only for a material change of use of premises
that involves the use of a prescribed building.
(2)
The applicant for the development application may, within 20
business days after receiving an acknowledgement notice for
the application, bring a proceeding before a building and
development committee for a declaration about a matter stated
in the notice.
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 512]
512
Declaration about lapsing of request for compliance
assessment
A person requesting compliance assessment of development,
a document or work, or the compliance assessor for the
request, may bring a proceeding before a building and
development committee for a declaration about whether the
request has lapsed under this Act.
513
Declaration about change to development approval
(1)
This section applies to a development approval if the approval
is only for a material change of use of premises that involves
the use of a prescribed building.
(2)
A person may bring a proceeding before a building and
development committee for a declaration that a change sought
by the person to the approval is a permissible change, unless
the responsible entity for making the change is the Minister or
the Court.
(3)
If the responsible entity for making the change is other than
the Minister or the Court, the responsible entity may bring a
proceeding before a building and development committee for
a declaration about whether a proposed change to the approval
is a permissible change.
Subdivision 2
514
Proceedings for declarations
How proceedings for declarations are started
(1)
A person starts a proceeding for a declaration by lodging an
application for the declaration, in the approved form, with the
registrar of building and development committees.
(2)
The application must be accompanied by the fee prescribed
under a regulation.
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Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 515]
515
Fast-track proceedings for declarations
(1)
A person who is entitled to bring a proceeding under this
division may, by written request, ask the chief executive to
appoint a building and development committee to start
hearing the proceeding within 2 business days after starting
the proceeding.
(2)
A request made under subsection (1) must be accompanied by
the fee prescribed under a regulation.
(3)
The chief executive may grant or refuse the request.
(4)
The chief executive may grant the request only if all the
parties to the proceeding, including any person who could
elect to become a co-respondent, have agreed in writing to the
request.
(5)
If the chief executive grants the request, the chief executive
may as a condition of granting the request require the person
making the request to pay—
(6)
516
(a)
the reasonable costs of the respondent and any
co-respondents for the proceeding after the request is
granted; and
(b)
an additional fee prescribed under a regulation.
If the request is granted, any notice of the proceeding to be
given under this subdivision must be given before any hearing
for the proceeding starts.
Notice of proceedings to other parties
For a proceeding under this division, the registrar must, within
10 business days after the day the proceeding is started, give
written notice of the proceeding to—
(a)
for a proceeding under section 510—
(i)
if the applicant is the person starting the
proceeding—the assessment manager; or
(ii) if the assessment manager is the person starting the
proceeding—the applicant; or
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 517]
(b)
for a proceeding under section 511—the assessment
manager; or
(c)
for a proceeding under section 512—
(i)
if the person starting the proceeding is the person
who made the request for compliance
assessment—the compliance assessor; or
(ii) if the person starting the proceeding is the
compliance assessor—the person who made the
request for compliance assessment; or
(d)
for a proceeding under section 513—
(i)
if the person starting the proceeding is the person
seeking to change the development approval—the
responsible entity for making the change; or
(ii) if the person starting the proceeding is the
responsible entity for making the change—the
person seeking to change the development
approval.
517
Respondent for declarations
(1)
If an applicant for a development application brings a
proceeding for a declaration under section 510 or 511, the
assessment manager is the respondent for the proceeding.
(2)
If the assessment manager brings a proceeding for a
declaration about a development application under section
510, the applicant is the respondent for the proceeding.
(3)
If a person requesting compliance assessment of development,
a document or work brings a proceeding for a declaration
under section 512, the compliance assessor for the request is
the respondent for the proceeding.
(4)
If the compliance assessor for a request for compliance
assessment of development, a document or work brings a
proceeding for a declaration under section 512, the person
requesting compliance assessment is the respondent for the
proceeding.
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Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 518]
518
(5)
If a person seeking a change to a development approval brings
a proceeding for a declaration under section 513 about the
change, the responsible entity for making the change is the
respondent for the proceeding.
(6)
If the responsible entity for making a change to a development
approval brings a proceeding for a declaration under section
513, the person seeking the change is the respondent for the
proceeding.
(7)
The respondent for a proceeding for a declaration is entitled to
be heard in the proceeding as a party to the proceeding.
Minister entitled to be represented in proceeding
involving a State interest
If the Minister is satisfied a proceeding for a declaration
involves a State interest, the Minister is entitled to be
represented in the proceeding.
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
(1)
This section applies to a development application if the
application is only for a material change of use of premises
that involves the use of a prescribed building.
(2)
However, this section does not apply to the development
application if any part of the application required impact
assessment and any properly made submissions were received
by the assessment manager for the application.
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 520]
(3)
(4)
(5)
520
The applicant for the development application may appeal to a
building and development committee against any of the
following—
(a)
the refusal, or the refusal in part, of the application;
(b)
any condition of the development approval and another
matter, other than the identification or inclusion of a
code under section 242, stated in the development
approval;
(c)
the decision to give a preliminary approval when a
development permit was applied for;
(d)
the length of a period mentioned in section 341;
(e)
a deemed refusal of the application.
An appeal under subsection (3)(a), (b), (c) or (d) must be
started within 20 business days (the applicant’s appeal
period) after—
(a)
if a decision notice or negotiated decision notice is
given—the day the decision notice or negotiated
decision notice is given to the applicant; or
(b)
otherwise—the day a decision notice was required to be
given to the applicant.
An appeal under subsection (3)(e) may be started at any time
after the last day a decision on the matter should have been
made.
Appeal about decision relating to extension for
development approval
(1)
This section applies to a development approval if the approval
is only for a material change of use of premises that involves
the use of a prescribed building.
(2)
A person to whom a notice is given under section 389 in
relation to the development approval, other than a notice for a
decision under section 386(2), may appeal to a building and
development committee against a decision in the notice.
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Part 2 Building and development dispute resolution committees
[s 521]
(3)
521
The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.
Appeal about decisions relating to permissible changes
(1)
This section applies to a development approval if the approval
is only for a material change of use of premises that involves
the use of a prescribed building.
(2)
The following persons may appeal to a building and
development committee against a decision on a request to
make a permissible change to the development approval, other
than a deemed refusal of the request—
(a)
if the responsible entity for making the change is the
assessment manager for the development application to
which the approval relates—
(i)
the person who made the request; or
(ii) an entity that gave a notice under section 373 or a
pre-request response notice about the request;
(b)
(3)
if the responsible entity for making the change is a
concurrence
agency
for
the
development
application—the person who made the request.
The appeal must be started within 20 business days after the
day the person is given notice of the decision on the request
under section 376.
Subdivision 2
522
Appeals about conditions of
particular development approvals
Appeal by applicant—condition of particular
development approval
(1)
This section applies to a development application if—
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 522]
(a)
the application is only for a material change of use that
involves the use of a building classified under the BCA
as a class 2 building; and
(b)
the proposed development is for premises of not more
than 3 storeys; and
(c)
the proposed development is for not more than 60 soleoccupancy units.
(2)
However, this section does not apply to the development
application if any part of the application required impact
assessment and any properly made submissions were received
by the assessment manager for the application.
(3)
The applicant for the development application may appeal to a
building and development committee against a condition of
the development approval.
(4)
The appeal must be started within 20 business days (the
applicant’s appeal period) after—
(5)
(a)
if a decision notice or negotiated decision notice is
given—the day the decision notice or negotiated
decision notice is given to the applicant; or
(b)
otherwise—the day a decision notice was required to be
given to the applicant.
In this section—
sole-occupancy unit, in relation to a class 2 building, means a
room or other part of the building used as a dwelling by a
person to the exclusion of any other person.
storey means a space within a building between 2 floor levels,
or a floor level and a ceiling or roof, other than—
(a)
a space containing only—
(i)
a lift shaft, stairway or meter room; or
(ii) a bathroom, shower room, laundry, water closet or
other sanitary compartment; or
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[s 523]
(iii) accommodation for not more than 3 motor
vehicles; or
(iv) a combination of any things mentioned in
subparagraph (i), (ii) or (iii); or
(b)
Division 5
523
524
525
a mezzanine.
Appeals to committees about
compliance assessment
Appeal against decision on request for compliance
assessment
(1)
A person who is given an action notice about a request for
compliance assessment of development, a document or work
may appeal to a building and development committee against
the decision in the notice.
(2)
The appeal must be started within 20 business days after the
day the notice is given to the person.
Appeal against condition imposed on compliance permit
or certificate
(1)
A person who is given a compliance permit or compliance
certificate subject to any conditions may appeal to a building
and development committee against the decision to impose
the condition.
(2)
The appeal must be started within 20 business days after the
day the compliance permit or compliance certificate is given
to the person.
Appeals against particular decisions about compliance
assessment
(1)
A person who is given any of the following notices may
appeal to a building and development committee against the
decision in the notice—
Current as at 19 December 2014
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Part 2 Building and development dispute resolution committees
[s 526]
(2)
(a)
a notice of a decision on a request to change or withdraw
an action notice;
(b)
a notice under section 413(2)(c) about a decision to
refuse to change a compliance permit or compliance
certificate.
The appeal must be started within 20 business days after the
day the notice is given to the person.
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
An appeal to a building and development committee under
this division may only be about—
Page 326
(a)
a matter under this Act that relates to the Building Act,
other than a matter under that Act that may or must be
decided by the Queensland Building and Construction
Commission, or the Plumbing and Drainage Act 2002;
or
(b)
a matter that under another Act may be appealed to a
building and development committee; or
(c)
a matter prescribed under a regulation.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 527]
Subdivision 2
527
Appeals by applicants
(1)
(2)
(3)
528
Appeals about development
applications and approvals
An applicant for a development application may appeal to a
building and development committee against any of the
following—
(a)
the refusal, or the refusal in part, of the application;
(b)
any condition of the development approval and another
matter, other than the identification or inclusion of a
code under section 242, stated in the development
approval;
(c)
the decision to give a preliminary approval when a
development permit was applied for;
(d)
the length of a period mentioned in section 341;
(e)
a deemed refusal of the application.
An appeal under subsection (1)(a), (b), (c) or (d) must be
started within 20 business days (the applicant’s appeal
period) after—
(a)
if a decision notice or negotiated decision notice is
given—the day the decision notice or negotiated
decision notice is given to the applicant; or
(b)
otherwise—the day a decision notice was required to be
given to the applicant.
An appeal under subsection (1)(e) may be started at any time
after the last day a decision on the matter should have been
made.
Appeal by advice agency
(1)
An advice agency may, within the limits of its jurisdiction,
appeal to a building and development committee about the
giving of a development approval if the development
Current as at 19 December 2014
Page 327
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 529]
application involves code assessment for the aspect of
building work to be assessed against the Building Act.
(2)
529
The appeal must be started—
(a)
within 10 business days after the day the decision notice
or negotiated decision notice is given to the advice
agency; or
(b)
for a deemed approval for which a decision notice or
negotiated decision notice has not been given—within
20 business days after receiving a copy of the deemed
approval notice for the application from the applicant.
Appeal about decision relating to extension for
development approval
(1)
For a development approval given for a development
application, a person to whom a notice is given under section
389, other than a notice for a decision under section 386(2),
may appeal to a building and development committee against
a decision in the notice.
(2)
The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.
530
Appeal about decision relating to permissible changes
(1)
For a development approval given for a development
application, the following persons may appeal to a building
and development committee against a decision on a request to
make a permissible change to the approval, other than a
deemed refusal of the request—
(a)
if the responsible entity for making the change is the
assessment manager for the application to which the
approval relates—
(i)
the person who made the request; or
(ii) an entity that gave a notice under section 373 or a
pre-request response notice about the request;
Page 328
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 531]
(b)
(2)
531
if the responsible entity for making the change is a
concurrence agency for the application to which the
approval relates—the person who made the request.
The appeal must be started within 20 business days after the
day the person is given notice of the decision on the request
under section 376.
Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence agency
(1)
A person to whom a notice under section 378(9)(b), giving a
decision to change or cancel a condition of a development
approval, has been given may appeal to a building and
development committee against the decision in the notice.
(2)
The appeal must be started within 20 business days after the
day the notice of the decision is given to the person.
Subdivision 3
532
Other matters
Appeals for building and plumbing and drainage matters
(1)
If—
(a)
a person has been given, or is entitled to be given—
(i)
an information notice under the Building Act about
a decision other than a decision under that Act
made by the Queensland Building and
Construction Commission; or
(ii) an information notice under the Plumbing and
Drainage Act 2002 about a decision under part 4 or
5 of that Act; or
(b)
a person—
(i)
was an applicant for a building development
approval; and
Current as at 19 December 2014
Page 329
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 533]
(ii) is dissatisfied with a decision under the Building
Act by a building certifier or referral agency about
inspection of building work the subject of the
approval;
the person may appeal against the decision to a building and
development committee.
(2)
An appeal under subsection (1) must be started within 20
business days after the day the person is given notice of the
decision.
(3)
If—
(a)
under the Building Act, a person makes an application
other than a building development application to a local
government; and
(b)
the period required under that Act for the local
government to decide the application (the decision
period) has passed; and
(c)
the local government has not decided the application;
the person may appeal to a building and development
committee against the lack of the decision and for the
committee to decide the application as if it were the local
government.
(4)
533
An appeal under subsection (3) must be started within 20
business days after the end of the decision period.
Appeals against enforcement notices
(1)
A person who is given an enforcement notice may appeal to a
building and development committee against the giving of the
notice.
(2)
The appeal must be started within 20 business days after the
day the notice is given to the person.
Page 330
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 534]
534
Stay of operation of enforcement notice
(1)
(2)
The lodging of a notice of appeal about an enforcement notice
stays the operation of the enforcement notice until—
(a)
the building and development committee, on the
application of the entity issuing the notice, decides
otherwise; or
(b)
the appeal is withdrawn; or
(c)
the appeal is dismissed.
However, subsection (1) does not apply if the enforcement
notice is about—
(a)
a work, if the enforcement notice states the entity
believes the work is a danger to persons or a risk to
public health; or
(b)
stopping the demolition of a work; or
(c)
clearing vegetation on freehold land; or
(d)
the removal of quarry material allocated under the Water
Act 2000; or
(e)
extracting clay, gravel, rock, sand or soil, not mentioned
in paragraph (d), from Queensland waters; or
(f)
development the assessing authority reasonably believes
is causing erosion or sedimentation; or
(g)
development the assessing authority reasonably believes
is causing an environmental nuisance.
Division 7
535
Appeals about particular charges
Appeals about infrastructure charges decisions
(1)
The recipient of an infrastructure charges notice may appeal
to a building and development committee about the decision
to give the notice.
Current as at 19 December 2014
Page 331
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 535A]
(2)
However, the appeal may be made only on 1 or more of the
following grounds—
(a)
the decision involved an error relating to—
(i)
the application of the relevant adopted charge; or
(ii) the working out, for section 636, of additional
demand; or
(iii) an offset or refund;
(b)
there was no decision about an offset or refund;
Examples of possible errors in applying an adopted charge—
(c)
(3)
•
the incorrect application of gross floor area for a
non-residential development
•
applying an incorrect ‘use category’ under an SPRP
(adopted charges) to the development
if the infrastructure charges notice states a refund will be
given—the timing for giving the refund.
To remove any doubt, it is declared that the appeal must not be
about—
(a)
the adopted charge itself; or
(b)
for a decision about an offset or refund—
(i)
the establishment cost of infrastructure in an LGIP;
or
(ii) the cost of infrastructure decided using the method
included in the local government’s charges
resolution.
(4)
The appeal must be started within 20 business days after the
day the recipient is given the relevant infrastructure charges
notice.
535A Appeals against refusal of conversion application
(1)
Page 332
The applicant for a conversion application may appeal to a
building and development committee against a refusal, or
deemed refusal, of the application.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 536]
(2)
The appeal must be started within the following period—
(a)
if the applicant is given written notice of the refusal—20
business days after the day the applicant is given the
notice;
(b)
otherwise—20 business days after the end of the
required period under section 660(5) for the application.
Division 8
536
537
Making appeals to building and
development committees
How appeals to committees are started
(1)
A person starts an appeal by lodging written notice of appeal,
in the approved form, with the registrar of building
development committees.
(2)
The notice of appeal must state the grounds of the appeal and
be accompanied by the fee prescribed under a regulation.
Fast-track appeals
(1)
A person who is entitled to start an appeal under this part,
may, by written request, ask the chief executive to appoint a
building and development committee to start hearing the
appeal within 2 business days after starting the appeal.
(2)
A request made under subsection (1) must be accompanied by
the fee prescribed under a regulation.
(3)
The chief executive may grant or refuse the request.
(4)
The chief executive may grant the request only if all the
parties to the appeal, including any person who could elect to
become a co-respondent, have agreed in writing to the
request.
(5)
If the chief executive grants the request, the chief executive
may as a condition of granting the request require the person
making the request to pay—
Current as at 19 December 2014
Page 333
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 538]
(6)
538
(a)
the reasonable costs of the respondent and any
co-respondents for the appeal after the request is
granted; and
(b)
an additional fee prescribed under a regulation.
If the request is granted, any notice of appeal to be given and
any election to be a co-respondent to the appeal under this part
must be given or made before any hearing for the appeal
starts.
Notice of appeal to other parties (under other Acts)
(1)
For an appeal to a building and development committee under
another Act, the registrar must, within 10 business days after
the day the appeal is started, give written notice of the appeal
to any other person the registrar considers appropriate.
(2)
The notice must state the grounds of the appeal.
539
Notice of appeal to other parties (div 4)
(1)
The registrar must, within 10 business days after the day the
appeal is started, give written notice of an appeal under
division 4 to—
(a)
for an appeal under section 519—the assessment
manager and any concurrence agency for an aspect of
the development application the subject of the appeal;
and
(b)
for an appeal under section 520—
(i)
the assessment manager and any concurrence
agency for the development application the subject
of the appeal; and
(ii) if the person who made the request for the
extension is not the appellant—the person who
made the request; and
(c)
Page 334
for an appeal under section 521—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 540]
(i)
the responsible entity for making the change to
which the appeal relates; and
(ii) if the responsible entity is the assessment
manager—any entity that was a concurrence
agency for the development application the subject
of the appeal; and
(iii) if the person who made the request for the
permissible change is not the appellant—the
person who made the request; and
(d)
(2)
540
for an appeal under section 522—the assessment
manager and any concurrence agency for an aspect of
the development application the subject of the appeal.
The notice must state—
(a)
the grounds of the appeal; and
(b)
if the person given the notice is not the respondent or a
co-respondent under this division—that the person,
within 10 business days after the day the notice is given,
may elect to become a co-respondent to the appeal.
Notice of appeal to other parties (div 5)
(1)
The registrar must, within 10 business days after the day the
appeal is started, give written notice of an appeal under
division 5 to—
(a)
if the appellant is a person to whom an action notice,
compliance permit or compliance certificate has been
given—
(i)
the compliance assessor who gave the notice,
permit or certificate; and
(ii) if the compliance assessor was a nominated entity
of a local government and a copy of the request for
compliance assessment was given to the local
government under section 402—the local
government; or
Current as at 19 December 2014
Page 335
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 541]
(b)
if the appellant is a person to whom a notice mentioned
in section 525(1) has been given—
(i)
the entity that gave the notice; and
(ii) if the entity that gave the notice was a nominated
entity of a local government and the written
agreement of the local government was required
for the giving of the notice—the local government.
(2)
541
The notice must state the grounds of the appeal.
Notice of appeal to other parties (div 6)
(1)
The registrar must, within 10 business days after the day the
appeal is started, give written notice of an appeal under
division 6 to—
(a)
for an appeal under section 527—the assessment
manager, the private certifier, if any, and any
concurrence agency for an aspect of the development
application the subject of the appeal; and
(b)
for an appeal under section 528—
(i)
the applicant for the development application the
subject of the appeal; and
(ii) the assessment manager, the private certifier, if
any, and any concurrence agency for an aspect of
the development application the subject of the
appeal; and
(c)
for an appeal under section 529—
(i)
the assessment manager, the private certifier, if
any, and any concurrence agency for an aspect of
the development application the subject of the
appeal; and
(ii) if the person who made the request for the
extension is not the appellant—the person who
made the request; and
(d)
Page 336
for an appeal under section 530—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 542]
(i)
the responsible entity for making the change; and
(ii) if the responsible entity is the assessment
manager—the private certifier, if any, and any
entity that was a concurrence agency for the
development application the subject of the appeal;
and
(iii) if the person who made the request for the
permissible change is not the appellant—the
person who made the request; and
(2)
542
(e)
for an appeal under section 531—the entity that gave the
notice mentioned in the section; and
(f)
for an appeal under section 532(1)—the entity that gave
the notice or made the decision mentioned in the
subsection; and
(g)
for an appeal under section 532(3)—the local
government to whom the application mentioned in the
subsection was made; and
(h)
for an appeal under section 533—the entity that gave the
enforcement notice, and, if the entity is not the local
government, the local government.
The notice must state—
(a)
the grounds of the appeal; and
(b)
if the person given the notice is not the respondent or a
co-respondent under this division and the appeal is other
than under section 532 or 533—that the person, within
10 business days after the day the notice is given, may
elect to become a co-respondent to the appeal.
Notice of appeal to other parties (s 535)
(1)
The registrar must, within 10 business days after the day the
appeal is started, give written notice of an appeal under
Current as at 19 December 2014
Page 337
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 543]
section 535 to the entity that gave the relevant notice
mentioned in section 535(1)(a).
(2)
543
The notice must state the grounds of the appeal.
Respondent and co-respondents for appeals under s 519,
522 or 527
(1)
This section applies to an appeal under section 519, 522 or
527 for a development application.
(2)
The assessment manager is the respondent for the appeal.
(3)
If the appeal is about a concurrence agency’s response, the
concurrence agency is a co-respondent for the appeal.
(4)
If the appeal is only about a concurrence agency’s response,
the assessment manager may apply to the building and
development committee to withdraw from the appeal.
(5)
A person to whom a notice of appeal is required to be given
under section 539 or 541 and who is not the respondent or a
co-respondent for the appeal under subsections (1) to (3) may
elect to be a co-respondent.
544
Respondent and co-respondents for appeals under s 520
or 529
For an appeal under section 520 or 529—
Page 338
(a)
the assessment manager for the development application
the subject of the appeal is the respondent for the
appeal; and
(b)
the person asking for the extension the subject of the
appeal is a co-respondent, if the appeal is started by a
concurrence agency that gave the assessment manager a
notice under section 385; and
(c)
any other person to whom a notice of the appeal is
required to be given under section 539 or 541 for the
appeal may elect to be a co-respondent.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 545]
545
Respondent and co-respondents for appeals under s 521
or 530
For an appeal under section 521 or 530—
(a)
the responsible entity for making the change is the
respondent for the appeal; and
(b)
if the responsible entity is the assessment manager—
(i)
if the appeal is started by a person who gave a
notice under section 373 or a pre-request response
notice—the person who made the request for the
change is a co-respondent; and
(ii) any other person given notice of the appeal may
elect to become a co-respondent.
546
Respondent and co-respondents for appeals under s 528
For an appeal under section 528—
547
(a)
the assessment manager for the development application
the subject of the appeal is the respondent for the
appeal; and
(b)
the applicant for the development application is a
co-respondent for the appeal; and
(c)
any other person to whom a notice of the appeal is
required to be given under section 541 may elect to be a
co-respondent.
Respondent and co-respondents for appeals under s 531,
532, 533 or 535
(1)
This section applies to an appeal under section 531, 532, 533
or 535.
(2)
An entity required under section 541 or 542 to be given a
notice of the appeal is the respondent for the appeal.
(3)
However, if under section 541(1)(h) more than 1 entity is
required to be given notice—
Current as at 19 December 2014
Page 339
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 548]
548
(a)
the entity that gave the enforcement notice the subject of
the appeal is the respondent; but
(b)
the local government may elect to be a co-respondent.
Respondent and co-respondents for appeals under div 5
(1)
For an appeal under section 523 or 524—
(a)
the compliance assessor is the respondent; and
(b)
if the compliance assessor is a nominated entity of a
local government and the appeal relates to a matter
required by a local government—the local government
is a co-respondent.
(2)
However, if the appeal is only about a matter required by the
local government, the compliance assessor may apply to the
building and development committee to withdraw from the
appeal.
(3)
For an appeal under section 525—
(4)
549
(a)
the entity that gave the notice to which the appeal relates
is the respondent; and
(b)
if the entity mentioned in paragraph (a) is a nominated
entity of a local government and the local government
did not agree to the request mentioned in section
525(1)—the local government is a co-respondent.
However, if the appeal is only about the local government’s
refusal of the request, the entity that gave the notice to which
the appeal relates may apply to the building and development
committee to withdraw from the appeal.
How a person may elect to be co-respondent
An entity elects to be a co-respondent by lodging in the
building and development committee, within 10 business days
after the day the notice of the appeal is given to the entity, a
notice of election in the approved form.
Page 340
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 550]
550
Respondent and co-respondents to be heard in appeal
The respondent and any co-respondents for an appeal are each
entitled to be heard in the appeal as a party to the appeal.
551
Registrar must ask assessment manager for material in
particular proceedings
(1)
(2)
552
If an appeal is about a deemed refusal or a deemed approval of
a development application, the registrar must ask the
assessment manager to give the registrar—
(a)
all material, including plans and specifications, about
the aspect of the application being appealed; and
(b)
a statement of the reasons the assessment manager had
not decided the application during the decision-making
period or extended decision-making period; and
(c)
any other information the registrar requires.
The assessment manager must give the material mentioned in
subsection (1) within 10 business days after the day the
registrar asks for the material.
Minister entitled to be represented in an appeal involving
a State interest
If the Minister is satisfied an appeal involves a State interest,
the Minister is entitled to be represented in the appeal.
553
Lodging appeal stops particular actions
(1)
If an appeal is started under section 519, 522, 527 or 528 the
development must not be started until the appeal is decided or
withdrawn.
(2)
If an appeal is about a condition imposed on a compliance
permit, the development must not be started until the appeal is
decided or withdrawn.
Current as at 19 December 2014
Page 341
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 554]
(3)
Despite subsections (1) and (2), if the building and
development committee is satisfied the outcome of the appeal
would not be affected if the development or part of the
development is started before the appeal is decided, the
committee may allow the development or part of the
development to start before the appeal is decided.
Division 9
554
Process for appeals or proceedings
for declarations in building and
development committees
Action when committee proceeding starts
(1)
This section applies when the registrar of building and
development committees receives a document starting a
committee proceeding within the period required under this
Act and accompanied by the prescribed fee.
(2)
The chief executive must—
(a)
establish a building and development dispute resolution
committee for the proceeding; and
(b)
subject to section 502(2) and (3)—appoint 1 of the
referees as the committee’s chairperson.
(3)
If a building and development committee is established, the
registrar must give each party to the proceeding written notice
of the establishment.
(4)
Despite subsection (2), the chief executive may decide to end
the committee proceeding without establishing a building and
development committee if satisfied it is not reasonably
practicable to do so.
Note—
See section 554B(2)(b), for examples of when it is not reasonably
practicable.
Page 342
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 554A]
(5)
The chief executive must give all parties to the committee
proceeding written notice of the decision to end the
proceeding.
(5A) A notice under subsection (5) must state—
(6)
(a)
that the person who started the ended proceeding may
commence proceedings in the court; and
(b)
how the court proceedings may be commenced.
Despite another provision of this Act, a court appeal period
for the matter the subject of the ended proceeding only begins
when the person who started the ended proceeding is given a
notice under subsection (5).
554A Power of chief executive to excuse irregularities
(1)
This section applies if—
(a)
the registrar of building and development committees
receives a document purporting to start a committee
proceeding, accompanied by the prescribed fee; and
(b)
either of the following applies (the noncompliance)—
(i)
the document was not lodged within the period
required under this Act;
(ii) the document does not otherwise comply with
requirements under this Act for validly starting a
proceeding of that type.
(2)
The registrar must, in writing, refer the document to the chief
executive together with the registrar’s reasons for deciding
there is a noncompliance.
(3)
The chief executive must—
(a)
consider the document and the noncompliance and
decide whether the noncompliance would cause
substantial injustice to anyone who would be a party to
the committee proceeding; and
(b)
give written notice to the registrar about the decision.
Current as at 19 December 2014
Page 343
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 554B]
Example of no substantial injustice—
A notice of appeal contains an incorrect real property description
of the land the subject of the appeal, but an attached supporting
document contains the correct one.
(4)
If the chief executive decides the noncompliance would cause
substantial injustice, the registrar must give the person who
lodged the document a written notice stating that the
document is of no effect because of the noncompliance.
(5)
If the chief executive does not decide the noncompliance
would cause any substantial injustice, the chief executive may
act under section 554 as if the noncompliance had not
happened.
554B Power to end committee proceeding or establish new
committee
(1)
(2)
This section applies if the chief executive is satisfied the
building and development committee established for a
committee proceeding—
(a)
does not have the expertise to hear or decide the
proceeding; or
(b)
is not able to make a decision for a proceeding.
The chief executive may—
(a)
suspend the proceeding and establish another building
and development dispute resolution committee to
re-hear the proceeding; or
(b)
if satisfied it is not reasonably practicable to establish
another building and development dispute resolution
committee—decide to end the committee proceeding.
Examples of when it is not reasonably practicable—
Page 344
•
if there are no general referees or insufficient general
referees appointed under section 571, who are not
disqualified under section 505(3)
•
if the referees who are available will not be able to decide
the proceeding in a timely way
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 555]
(3)
The chief executive must give all parties to the committee
proceeding written notice of an action taken or decision made
under subsection (2).
(4)
Subsections (5) and (6) apply if the chief executive decides to
end the committee proceeding.
(5)
The notice under subsection (3) must state—
(6)
555
that the person who started the ended proceeding may
commence proceedings in the court; and
(b)
how the court proceedings may be commenced.
Despite another provision of this Act, a court appeal period
for the matter the subject of the ended proceeding starts again
when the person who started the ended proceeding is given a
notice under subsection (3).
Procedures of committees
(1)
(2)
556
(a)
A building and development committee must—
(a)
conduct its business in the way prescribed under a
regulation or, in so far as the way is not prescribed, as it
considers appropriate; and
(b)
make its decisions in a timely way.
A building and development committee may—
(a)
sit at the times and places it decides; and
(b)
hear an appeal and application for a declaration
together; and
(c)
hear 2 or more appeals or applications for a declaration
together.
Costs
Each party to an appeal or a proceeding for a declaration must
bear the party’s own costs for the appeal or proceeding.
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 557]
557
Committee may allow longer period to take an action
(1)
In this part, if an action must be taken within a specified time,
the building and development committee may allow a longer
time to take the action if the committee is satisfied there are
sufficient grounds for the extension.
(2)
Subsection (1) does not apply to a notice of appeal or an
application for a declaration that is not received within the
time stated for starting the appeal or proceeding for the
declaration.
558
Appeal or other proceedings may be by hearing or written
submission
The chairperson of the building and development committee
must decide whether the committee will—
559
(a)
conduct a hearing for the appeal or application for the
declaration; or
(b)
if all the parties to the appeal or application
agree—decide the appeal or application on the basis of
written submissions.
Appeals or other proceedings by hearing
If the appeal or application for the declaration is to be decided
by way of a hearing, the chairperson must—
560
(a)
fix a time and place for the hearing; and
(b)
give all the parties to the appeal or proceeding for the
declaration written notice of the time and place of the
hearing.
Right to representation at hearing
(1)
Page 346
A party to an appeal or a proceeding for a declaration may
appear in person or be represented by an agent.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 561]
(2)
561
Conduct of hearings
(1)
562
A person must not be represented at an appeal or a proceeding
for a declaration by an agent who is a lawyer.
In conducting a hearing, the building and development
committee—
(a)
need not proceed in a formal way; and
(b)
is not bound by the rules of evidence; and
(c)
may inform itself in the way it considers appropriate;
and
(d)
may seek the views of any person; and
(e)
must give all persons appearing before it reasonable
opportunity to be heard; and
(f)
may prohibit or regulate questioning in the hearing.
(2)
The building and development committee may hear an appeal
or conduct a proceeding for a declaration without hearing a
person if the person is not present or represented at the time
and place appointed for hearing the person.
(3)
If, because of the time available for conducting the appeal or
other proceeding, a person does not have an opportunity to be
heard, or fully heard, the person may make a written
submission about the matter to the building and development
committee.
Appeals or other proceedings by written submission
(1)
If the building and development committee is to decide the
appeal or application for the declaration on the basis of
written submissions, the chairperson must—
(a)
decide a reasonable time within which the committee
may accept the written submissions; and
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 563]
(b)
(2)
563
give the parties written notice that the appeal or
application is to be decided on the basis of written
submissions.
The notice must ask for written submissions about the
appellant’s grounds of appeal, or the application, to be given
to the chairperson within the time decided under subsection
(1)(a).
Matters committee may consider in making a decision
(1)
(2)
564
This section applies if the appeal or application for the
declaration is about—
(a)
a development application, including about a
development approval given for a development
application; or
(b)
a request for compliance assessment, including an
action notice, compliance permit or compliance
certificate.
The building and development committee must decide the
appeal or application based on the laws and policies applying
when the development application or request was made, but
may give the weight to any new laws and policies the
committee considers appropriate.
Appeal decision
(1)
In deciding an appeal the building and development
committee may make the orders and directions it considers
appropriate.
(2)
Without limiting subsection
development committee may—
Page 348
(1),
the
building
and
(a)
confirm the decision appealed against; or
(b)
change the decision appealed against; or
(c)
set aside the decision appealed against and make a
decision replacing the decision set aside; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 564]
(d)
for a deemed refusal of a development application—
(i)
order the assessment manager to decide the
application or request by a stated time; and
(ii) if the assessment manager does not comply with
the order under subparagraph (i)—decide the
application; or
(e)
if the application is for building work—with the consent
of the appellant, vary the application so that the building
and development committee is satisfied—
(i)
the building, when erected, will not have an
extremely adverse effect on the amenity or likely
amenity of the building’s neighbourhood; and
(ii) the aesthetics of the building, when erected, will
not be in extreme conflict with the character of the
building’s neighbourhood.
(3)
If the building and development committee acts under
subsection (2)(b), (c), (d)(ii) or (e), the committee’s decision
is taken, for this Act, other than this division, to be the
decision of the entity that made the decision being appealed.
(4)
The chairperson of the building and development committee
must give all parties to the appeal written notice of the
committee’s decision.
Note—
Any person receiving a notice may appeal the decision. See section 479
(Appeals from building and development committees).
(5)
The decision of the building and development committee
takes effect—
(a)
if a party to the proceeding does not appeal against the
decision—at the end of the period during which the
committee’s decision may be appealed; or
(b)
if an appeal is made to the court against the committee’s
decision—subject to the decision of the court, when the
appeal is finally decided or withdrawn.
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 565]
565
Committee may make orders about declaration
A building and development committee may make orders
about a declaration made by the committee.
566
Declaration decision
The chairperson of the building and development committee
must give all parties to a proceeding for a declaration a written
notice of the committee’s declaration and any orders made by
the committee for the declaration.
567
When decision may be made without representation or
submission
The building and development committee may decide an
appeal or application for a declaration without the
representations or submissions of a person who has been
given a notice under section 559(b) or section 562(1)(b) if—
568
(a)
for a hearing without written submissions—the person
does not appear at the hearing; or
(b)
for a hearing on the basis of written submissions—the
person’s submissions are not received within the time
stated in the notice given under section 562(1).
Notice of compliance
If the building and development committee orders or directs
the assessment manager, including a private certifier acting as
an assessment manager, or a compliance assessor to do
something, the assessment manager or compliance assessor
must, after doing the thing, give the registrar written notice of
doing the thing.
Page 350
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 569]
569
Publication of committee decisions
The registrar may publish decisions of a building and
development committee under arrangements, and in the way,
approved by the chief executive.
569A Power to refund fees for committee proceeding ended by
chief executive
If, under section 554(4) or 554B(2)(b), the chief executive
ends a committee proceeding, the chief executive may, but
need not, refund the fee paid to start the proceeding.
Division 10
570
571
Referees
Appointment of referees
(1)
The Minister, by gazette notice, may appoint the number of
persons the Minister considers appropriate to be general
referees under this Act.
(2)
Also, the chief executive may, by written notice, appoint other
persons to be referees if satisfied each person has the
qualifications, experience or qualifications and experience to
be a referee.
(3)
A public service officer may be appointed as a referee.
(4)
A public service officer appointed under this section holds the
appointment concurrently with any other appointment the
officer holds in the public service.
Qualifications of general referees
A general referee may be appointed as a member of a building
and development committee to hear and decide a matter only
if the general referee has the qualifications, experience or
qualifications and experience prescribed for the matter under a
regulation.
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 2 Building and development dispute resolution committees
[s 572]
572
Term of referee’s appointment
(1)
A person may be appointed—
(a)
as a general referee—for the term the Minister considers
appropriate, but the term must not be longer than 3
years; and
(b)
as a referee appointed by the chief executive—for the
term the chief executive considers appropriate, but the
term must not be longer than 3 years.
(2)
The term of appointment as mentioned in subsection (1) must
be stated in the notice of appointment.
(3)
A referee may be reappointed.
(4)
A referee may, at any time, resign the referee’s appointment
by signed notice given to—
(5)
573
(a)
if the Minister appointed the referee—the Minister; or
(b)
if the chief executive appointed the referee—the chief
executive.
An appointment may be cancelled at any time by—
(a)
if the referee is a general referee—the Minister; or
(b)
otherwise—the chief executive.
Referee to make declaration
(1)
(2)
Page 352
A person appointed as a referee must—
(a)
sign a declaration in the approved form; and
(b)
give the declaration to the chief executive as soon as the
declaration is signed.
The person must not sit as a member of a building and
development committee until the declaration has been given
to the chief executive.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 574]
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
A person must comply with
self-assessable development.
applicable
codes
for
Maximum penalty—165 penalty units.
575
Carrying out development without compliance permit
(1)
A person must not carry out development requiring
compliance assessment unless there is an effective compliance
permit for the development.
Maximum penalty—1665 penalty units.
(2)
576
Subsection (1) applies subject to sections 584, 585 and 586.
Compliance with compliance permit or compliance
certificate
(1)
A person must not contravene a compliance permit, including
any condition in the permit.
Maximum penalty—165 penalty units.
(2)
A person must not contravene a condition in a compliance
certificate.
Maximum penalty—165 penalty units.
(3)
Subsections (1) and (2) apply subject to subdivision 2.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 577]
577
Making request for compliance assessment
(1)
This section applies if, under a regulation or other instrument
mentioned in section 397(4), a person is required to request
compliance assessment of a document or work within a period
stated in the regulation or other instrument.
(2)
The person must comply with the requirement.
Maximum penalty—165 penalty units.
578
Carrying out assessable development without permit
(1)
A person must not carry out assessable development unless
there is an effective development permit for the development.
Maximum penalty—1665 penalty units.
(2)
(3)
579
Subsection (1)—
(a)
applies subject to subdivision 2; and
(b)
does not apply to development carried out under section
342(3).
Despite subsection (1), the maximum penalty is 17000
penalty units if the assessable development is on a
Queensland heritage place or local heritage place.
Particular assessable development must comply with
codes
A person must comply with codes mentioned in section
233(2) when carrying out assessable development.
Maximum penalty—165 penalty units.
580
Compliance with development approval
(1)
A person must not contravene a development approval,
including any condition in the approval.
Maximum penalty—1665 penalty units.
(2)
Page 354
Subsection (1) applies subject to subdivision 2.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 581]
(3)
In subsection (1)—
development approval includes an approval under the
repealed LGP&E Act, section 4.4(5) or 4.7(5).
581
Offence to carry out prohibited development
(1)
A person must not carry out development that is prohibited
development.
Maximum penalty—1665 penalty units.
582
(2)
Subsection (1) applies subject to section 584 and chapter 9,
part 1.
(3)
Also, subsection (1) does not apply to the carrying out of
development under—
(a)
a development approval given for a development
application (superseded planning scheme); or
(b)
a compliance permit given for a request for compliance
assessment assessed and decided under a superseded
planning scheme.
Offences about the use of premises
Subject to subdivision 2, a person must not use premises—
(a)
if the use is not a lawful use; or
(b)
unless the use is in accordance with—
(i)
for premises that have not been designated—a
planning scheme or temporary local planning
instrument that regulates the use of the premises;
or
Note—
See sections 80 (Status of planning scheme) and 102
(Status of temporary local planning instrument).
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 584]
(ii) for premises that have been designated—any
requirements about the use of land that are part of
the designation.
Note—
See section 202 (What designations may include).
Maximum penalty—1665 penalty units.
Subdivision 2
584
Exemptions
General exemption for emergency development or use
(1)
Sections 575, 576, 578, 580, 581 and 582 do not apply to a
person if—
(a)
the person carries out development or a use, other than
operational work that is tidal works or building work to
which section 585 or 586 applies, because of an
emergency endangering—
(i)
the life or health of a person; or
(ii) the structural safety of a building; or
(iii) the operation or safety of community infrastructure
that is not a building; and
(b)
(2)
585
the person gives written notice of the development or
use to the assessing authority as soon as practicable after
starting the development or use.
However, subsection (1) does not apply if the person is
required by an enforcement notice or order to stop carrying
out the development or use.
Coastal emergency exemption for operational work that
is tidal works
(1)
Page 356
This section applies to operational work (the emergency
work) if all of the following circumstances apply—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 585]
(a)
the emergency work is tidal works;
(b)
other than for this section, a development permit or
compliance permit would have been required to carry
out the emergency work;
(c)
the emergency work is necessary to ensure the following
are not, or are not likely to be, endangered by a coastal
emergency—
(i)
the structural safety of an existing structure for
which there is a development permit or compliance
permit for operational work that is tidal works; or
(ii) the life or health of a person; or
(iii) the structural safety of a building; or
(iv) the operation or safety of community infrastructure
that is not a building.
(2)
Sections 575, 576, 578, 580 and 582 do not apply to a person
who carries out the emergency work if—
(a)
the person has made a safety management plan for the
emergency work, after having regard to the following
matters—
(i)
the long-term safety of members of the public who
have access to the emergency work or any structure
to which the emergency work relates;
(ii) if practicable, the advice of any registered
professional engineer who has conducted an audit
of any structure to which the emergency work
relates; and
(b)
the person complies with the safety management plan;
and
(c)
the person takes reasonable precautions and exercises
proper diligence to ensure the emergency work, and any
structure to which the emergency work relates, are in a
safe condition; and
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 586]
(d)
without limiting paragraph (c), the person commissions
a registered professional engineer to conduct an audit of
any structure to which the emergency work relates, to
ensure the emergency work and the structure are in a
safe condition; and
(e)
as soon as reasonably practicable after starting the
emergency work, the person—
(i)
makes a development application for any
development permit, or a request for compliance
assessment for any compliance permit, that would
otherwise be required for the work; and
(ii) gives the assessment manager for the application,
or the compliance assessor for the request, written
notice of the work and a copy of the safety
management plan.
(3)
However, subsection (2) does not apply if the person is
required by an enforcement notice or order to stop carrying
out the emergency work.
(4)
Also, subsection (2) ceases to apply if the development
application is refused.
(5)
If, under subsection (4), subsection (2) ceases to apply, the
person must remove the emergency work as soon as
practicable.
Maximum penalty—1665 penalty units.
586
Exemption for building work on Queensland heritage
place or local heritage place
(1)
Page 358
This section applies to building work (the emergency building
work) if—
(a)
the work is carried out on a Queensland heritage place
or a local heritage place; and
(b)
other than for this section, a development permit or
compliance permit would have been required to carry
out the work; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 586]
(c)
it is necessary to carry out the work because of an
emergency endangering—
(i)
the life or health of a person; or
(ii) the structural safety of a building; or
(iii) the operation or safety of community infrastructure
that is not a building.
(2)
Sections 575, 576, 578, 580 and 582 do not apply to a person
who carries out the emergency building work if—
(a)
before starting the work and if practicable, the person
obtains the advice of a registered professional engineer
about the work; and
(b)
the person takes all reasonable steps—
(i)
to ensure the work is reversible; or
(ii) if the work is not reversible—to limit the impact of
the work on the cultural heritage significance of
the Queensland heritage place or local heritage
place; and
(c)
as soon as reasonably practicable after starting the work,
the person—
(i)
makes a development application for any
development permit, or a request for compliance
assessment for any compliance permit, that would
otherwise be required for the work; and
(ii) gives the assessment manager for the application,
or the compliance assessor for the request, written
notice of the work.
(3)
However, subsection (2) does not apply if the person is
required by an enforcement notice or order to stop carrying
out the emergency building work.
(4)
Also, subsection (2) ceases to apply if the development
application mentioned in subsection (2)(c) is refused.
Current as at 19 December 2014
Page 359
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 587]
(5)
If, under subsection (4), subsection (2) ceases to apply, the
person must remove the emergency building work as soon as
practicable.
Maximum penalty—1665 penalty units.
Subdivision 3
587
False or misleading documents or
declarations
False or misleading document or declaration
(1)
A person must not give an assessment manager a notice under
section 275, 300, 301 or 749 that is false or misleading.
Maximum penalty—1665 penalty units.
(2)
A person must not give to any of the following entities a
document containing information that the person knows is
false or misleading in a material particular—
(a)
the assessment manager;
(b)
a concurrence agency;
(c)
a responsible entity for making a permissible change to
a development approval;
(d)
a compliance assessor.
Maximum penalty—1665 penalty units.
(3)
A person must not give a declaration to an assessment
manager under section 260(1)(e)(ii) that the person knows is
false or misleading.
Maximum penalty—1665 penalty units.
Page 360
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 588]
Division 2
588
Show cause notices
Giving show cause notice
(1)
This section applies if the assessing authority reasonably
believes a person has committed, or is committing, a
development offence.
(2)
Before giving an enforcement notice about the development
offence, the assessing authority must give the person a notice
(a show cause notice) inviting the person to show cause why
the enforcement notice should not be given.
(3)
Despite subsection (2), the assessing authority need not give a
show cause notice if it reasonably considers it is not
appropriate in the circumstances to give the notice.
Example—
An assessing authority might not give a show cause notice if it considers
urgent action is necessary to address a danger to public health or safety
or giving the notice would be likely to adversely affect the effectiveness
of the enforcement notice.
589
General requirements of show cause notice
(1)
A show cause notice must—
(a)
be in writing; and
(b)
outline the facts and circumstances forming the basis for
the assessing authority’s belief that an enforcement
notice should be given to the person; and
(c)
state that representations may be made about the show
cause notice; and
(d)
state how the representations may be made; and
(e)
state where the representations may be made or sent;
and
(f)
state—
(i)
a day and time for making the representations; or
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 590]
(ii) a period within which the representations must be
made.
(2)
The day or period stated in the notice must be, or must end, at
least 20 business days after the notice is given.
Division 3
590
Enforcement notices
Giving enforcement notice
(1)
If an assessing authority reasonably believes a person has
committed, or is committing, a development offence, the
authority may give a notice (an enforcement notice) to the
person requiring the person to do either or both of the
following—
(a)
to refrain from committing the offence;
(b)
to remedy the commission of the offence in the way
stated in the notice.
Note—
A person who receives an enforcement notice may appeal against the
notice under section 473 or 533 (Appeals against enforcement notices).
(2)
If the assessing authority giving the notice reasonably
believes the person has committed, or is committing, the
development offence in a local government area and the
assessing authority is not the local government, the assessing
authority must also give the local government a copy of the
notice.
(3)
If the assessing authority gives the local government a copy of
the notice under subsection (2) and the notice is later
withdrawn, the assessing authority must give the local
government written notice of the withdrawal.
(4)
If a private certifier is engaged for an aspect of a
development, the assessing authority must not give an
enforcement notice in relation to the aspect until the assessing
Page 362
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 591]
authority has consulted with the private certifier about the
giving of the notice.
591
(5)
If the assessing authority is the private certifier, the assessing
authority must not give an enforcement notice until the
assessing authority has consulted with the assessment
manager about the giving of the notice.
(6)
Subsections (4) and (5) do not apply if the assessing authority
reasonably believes the work, in relation to which the
enforcement notice is to be given, is dangerous.
(7)
If the assessing authority is the private certifier or the local
government, the assessing authority may not delegate its
power to give an enforcement notice ordering the demolition
of a building.
(8)
An enforcement notice requiring any person carrying out
development to stop carrying out the development may be
given by fixing the notice to the premises, or the building or
structure on the premises, in a way that a person entering the
premises would normally see the notice.
(9)
If, in relation to a development offence involving premises,
the person who committed the offence is not the owner of the
premises, the assessing authority may also give an
enforcement notice to the owner requiring the owner to
remedy the commission of the offence in the way stated in the
notice.
Restriction on giving enforcement notice
(1)
This section applies if the assessing authority has given a
person a show cause notice about a development offence.
(2)
The assessing authority may give the person an enforcement
notice about the development offence only if the assessing
authority—
(a)
has considered all representations made by the person
about the show cause notice within the period stated in
the notice; and
Current as at 19 December 2014
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Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 592]
(b)
592
still believes it is appropriate to give the enforcement
notice.
Specific requirements of enforcement notice
(1)
Without limiting specific requirements an enforcement notice
may impose, a notice may require a person to do any of the
following—
(a)
to stop carrying out development;
(b)
to stop a stated use of a premises;
(c)
to demolish or remove a work;
(d)
to restore, as far as practicable, premises to the condition
the premises were in immediately before development
was started;
(e)
to do, or not to do, another act to ensure development
complies with a development approval, a compliance
permit or a code;
(f)
to apply for a development permit;
(g)
to make a request under section 401 for compliance
assessment of development, a document or work
requiring compliance assessment;
(h)
if the assessing authority reasonably believes a work is
dangerous—
(i)
to repair or rectify the work; or
(ii) to secure the work, whether by a system of
supports or in another way; or
(iii) to fence off the work to protect persons;
(i)
(2)
Page 364
to prepare and submit to the assessing authority a
compliance program demonstrating how compliance
with the enforcement notice will be achieved.
However, a person may be required to demolish or remove a
work only if the assessing authority reasonably believes it is
not possible and practical to take steps—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 593]
593
to make the work comply with a development approval,
a compliance permit or a code; or
(b)
if the work is dangerous—to remove the danger.
General requirements of enforcement notices
(1)
594
(a)
An enforcement notice must—
(a)
be in writing; and
(b)
describe the nature of the alleged offence; and
(c)
inform the person to whom the notice is given of the
person’s right to appeal against the giving of the notice.
(2)
If an enforcement notice requires a person to do an act
involving the carrying out of work, it also must give details of
the work involved.
(3)
If an enforcement notice requires a person to refrain from
doing an act, it also must state either—
(a)
a period for which the requirement applies; or
(b)
that the requirement applies until further notice.
(4)
If an enforcement notice requires a person to do an act, it also
must state a period within which the act is required to be done.
(5)
If an enforcement notice requires a person to do more than 1
act, it may state different periods within which the acts are
required to be done.
Offences relating to enforcement notices
(1)
A person who is given an enforcement notice must comply
with the notice.
Maximum penalty—1665 penalty units.
(2)
A person must not damage, deface or remove an enforcement
notice given under section 590(8).
Maximum penalty—1665 penalty units.
Current as at 19 December 2014
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Part 3 Provisions about offences, notices and orders
[s 595]
595
Processing application or request required by
enforcement notice or show cause notice
If a person applies for a preliminary approval or development
permit or makes a request for compliance assessment of
development under section 401 as required by an enforcement
notice or in response to a show cause notice, the person—
(a)
must not discontinue the application or request, unless
the person has a reasonable excuse; and
(b)
must take all necessary and reasonable steps to enable
the application or request to be decided as quickly as
possible, unless the person discontinues the application
or request with a reasonable excuse; and
(c)
if the person appeals against the decision on the
application or request—must take all necessary and
reasonable steps to enable the appeal to be decided by
the court as quickly as possible, unless the person has a
reasonable excuse.
Maximum penalty—1665 penalty units.
596
Assessing authority may take action
(1)
If a person to whom an enforcement notice is given
contravenes the notice by not doing something, the assessing
authority, if it is not a local government, may do the thing.
Note—
If the assessing authority is a local government, it has similar powers
and may recover its costs. See the Local Government Act, section 142
and the City of Brisbane Act, section 132.
(2)
Page 366
Any reasonable costs or expenses incurred by an assessing
authority in doing anything under subsection (1) may be
recovered by the authority as a debt owing to it by the person
to whom the notice was given.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 597]
Division 4
597
598
599
Offence proceedings in Magistrates
Court
Proceedings for offences
(1)
A person may bring a proceeding in a Magistrates Court on a
complaint to prosecute another person for an offence against
this part.
(2)
The person may bring the proceeding whether or not any right
of the person has been, or may be, infringed by, or because of,
the commission of the offence.
(3)
However, a proceeding may only be brought by the assessing
authority for an offence under—
(a)
section 574, 578 or 580 about the building assessment
provisions; or
(b)
section 579, 587, 594 or 595.
Proceeding brought in a representative capacity
(1)
A proceeding under section 597 may be brought by the person
on their own behalf or in a representative capacity.
(2)
However, if the proceeding is brought in a representative
capacity, 1 of the following consents must be obtained—
(a)
if the proceeding is brought on behalf of a body of
persons or a corporation—the consent of the members
of the governing body;
(b)
if the proceeding is brought on behalf of an
individual—the consent of the individual.
Magistrates Court may make orders
(1)
After hearing the complaint, the Magistrates Court may make
an order on the defendant it considers appropriate.
Current as at 19 December 2014
Page 367
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 599]
(2)
The order may be made in addition to, or in substitution for,
any penalty the court may otherwise impose.
(3)
The order may require the defendant—
(a)
to stop development or carrying on a use; or
(b)
to demolish or remove a work; or
(c)
to restore, as far as practicable, premises to the condition
the premises were in immediately before development
or use of the premises started; or
(d)
to do, or not to do, another act to ensure development or
use of the premises complies with a development
approval, a compliance permit or a code; or
(e)
for development that has started—to apply for a
development permit; or
(f)
to make a request under section 401 for compliance
assessment of development, a document or work
requiring compliance assessment; or
(g)
if the court believes a work is dangerous—
(i)
to repair or rectify the work; or
(ii) to secure the work.
(4)
The order must state the time, or period, within which the
order must be complied with.
(5)
A person who contravenes the order commits an offence
against this Act.
Maximum penalty—1665 penalty units or imprisonment for
12 months.
(6)
If the order states that contravention of the order is a public
nuisance, an assessing authority, other than a local
government, may undertake any work necessary to remove
the nuisance.
(7)
If an assessing authority carries out works under subsection
(6), it may recover the reasonable cost of the works as a debt
Page 368
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 600]
owing to the assessing authority from the person to whom the
order was given.
600
Costs involved in bringing proceeding
If the proceeding is brought in a representative capacity, the
person on whose behalf the proceeding is brought may
contribute to, or pay, the legal costs and expenses incurred by
the person bringing the proceeding.
Division 5
601
Proceeding for orders
(1)
602
Enforcement orders of court
A person may bring a proceeding in the court—
(a)
for an order to remedy or restrain the commission of a
development offence (an enforcement order); or
(b)
if the person has brought a proceeding under paragraph
(a) and the court has not decided the proceeding—for an
order under section 603 (an interim enforcement
order); or
(c)
to cancel or change an enforcement order or interim
enforcement order.
(2)
However, if the offence under subsection (1)(a) is an offence
under section 574, 578 or 580 about the building assessment
provisions, the proceeding may be brought only by the
assessing authority.
(3)
The person may bring a proceeding under subsection (1)(a)
whether or not any right of the person has been, or may be,
infringed by, or because of, the commission of the offence.
Proceeding brought in a representative capacity
(1)
A proceeding under section 601 may be brought by the person
on their own behalf or in a representative capacity.
Current as at 19 December 2014
Page 369
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 603]
(2)
603
However, if the proceeding is brought in a representative
capacity, 1 of the following consents must be obtained—
(a)
if the proceeding is brought on behalf of a body of
persons or a corporation—the consent of the members
of the governing body;
(b)
if the proceeding is brought on behalf of an
individual—the consent of the individual.
Making interim enforcement order
(1)
The court may make an interim enforcement order pending a
decision of the proceeding if the court is satisfied it would be
appropriate to make the order.
(2)
The court may make the order subject to conditions, including
a condition requiring the applicant for the order to give an
undertaking to pay costs resulting from damage suffered by
the respondent if the proceeding is unsuccessful.
604
Making enforcement order
(1)
(2)
605
The court may make an enforcement order if the court is
satisfied the offence—
(a)
has been committed; or
(b)
will be committed unless restrained.
If the court is satisfied the offence has been committed, the
court may make an enforcement order whether or not there
has been a prosecution for the offence under division 4.
Effect of orders
(1)
An enforcement order or an interim enforcement order may
direct the respondent—
(a)
Page 370
to stop an activity that constitutes, or will constitute, a
development offence; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 606]
(2)
(b)
not to start an activity that will constitute a development
offence; or
(c)
to do anything required to stop committing a
development offence; or
(d)
to return anything to a condition as close as practicable
to the condition it was in immediately before a
development offence was committed; or
(e)
to do anything about a development or use to comply
with this Act.
Without limiting the court’s powers, the court may make an
order requiring—
(a)
the repair, demolition or removal of a building; or
(b)
for a development offence relating to the clearing of
vegetation on freehold land—
(i)
rehabilitation or restoration of the area cleared; or
(ii) if the area cleared is not capable of being
rehabilitated or restored—the planting and
nurturing of stated vegetation on a stated area of
equivalent size.
(3)
606
An enforcement order or an interim enforcement order—
(a)
may be in terms the court considers appropriate to
secure compliance with this Act; and
(b)
must state the time by which the order is to be complied
with.
Court’s powers about orders
(1)
The court’s power to make an enforcement order or interim
enforcement order to stop, or not to start, an activity may be
exercised whether or not—
(a)
it appears to the court the person against whom the order
is made intends to engage, or to continue to engage, in
the activity; or
Current as at 19 December 2014
Page 371
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 3 Provisions about offences, notices and orders
[s 607]
(2)
(b)
the person has previously engaged in an activity of the
kind; or
(c)
there is danger of substantial damage to property or
injury to another person if the person engages, or
continues to engage, in the activity.
The court’s power to make an enforcement order or interim
enforcement order to do anything may be exercised whether
or not—
(a)
it appears to the court the person against whom the order
is made intends to fail, or to continue to fail, to do the
thing; or
(b)
the person has previously failed to do a thing of the
kind; or
(c)
there is danger of substantial damage to property or
injury to another person if the person fails, or continues
to fail, to do the thing.
(3)
The court may cancel or change an enforcement order or
interim enforcement order.
(4)
The court’s power under this section is in addition to its other
powers.
607
Costs involved in bringing proceeding
If the proceeding is brought in a representative capacity, the
person on whose behalf the proceeding is brought may
contribute to, or pay, the legal costs and expenses incurred by
the person bringing the proceeding.
Division 6
608
Application of Acts
Application of other Acts
(1)
Page 372
This section applies if another Act—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 609]
(2)
(a)
specifies monetary penalties for offences about
development greater or less than the penalties specified
in this part; or
(b)
provides that an activity specified in this part as a
development offence is not an offence; or
(c)
contains provisions about the
development in an emergency; or
(d)
includes requirements about enforcement notices that
are different from the requirements of this part; or
(e)
includes provisions about the issuing of other notices
having the same effect as enforcement notices; or
(f)
includes requirements about proceedings for the
prosecution for development offences or other offences
that are different from the requirements of this part; or
(g)
includes requirements about proceedings for
enforcement orders that are different from the
requirements of this part.
out
of
The provisions of the other Act prevail over the provisions of
this part to the extent of any inconsistency.
Part 4
Legal proceedings
Division 1
Proceedings
609
carrying
Summary proceedings for offences
Proceedings for an offence against this Act are to be taken in a
summary way under the Justices Act 1886.
Current as at 19 December 2014
Page 373
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 610]
610
Limitation on time for starting proceedings
A proceeding for an offence against this Act must start—
611
(a)
within 1 year after the commission of the offence; or
(b)
within 6 months after the offence comes to the
complainant’s knowledge.
Executive officers must ensure corporation complies
with Act
(1)
The executive officers of a corporation must ensure the
corporation complies with this Act.
(2)
If a corporation commits an offence against a provision of this
Act, each of the corporation’s executive officers also commits
an offence, namely, the offence of failing to ensure the
corporation complies with the provision.
Maximum penalty for subsection (2)—the penalty for the
contravention of the provision by an individual.
(3)
Evidence that the corporation has been convicted of an
offence against a provision of this Act is evidence that each of
the executive officers committed the offence of failing to
ensure the corporation complies with the provision.
(4)
However, it is a defence for an executive officer to prove—
Page 374
(a)
if the officer was in a position to influence the conduct
of the corporation in relation to the offence—the officer
exercised reasonable diligence to ensure the corporation
complied with the provision; or
(b)
the officer was not in a position to influence the conduct
of the corporation in relation to the offence.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 612]
Division 2
612
When fines payable to local government
(1)
(2)
613
Fines and costs
This section applies if—
(a)
the assessing authority by which the administration and
enforcement of a matter is carried out is a local
government; and
(b)
a proceeding for an offence about the matter is taken by
the local government; and
(c)
a court imposes a fine for the offence.
The fine must be paid to the local government.
Order for compensation or remedial action
(1)
This section applies if—
(a)
a person is convicted of a development offence; and
(b)
the court convicting the person finds that, because of the
commission of the offence, another person—
(i)
has suffered loss of income; or
(ii) has suffered a reduction in the value of, or damage
to, property; or
(iii) has incurred costs or expenses in replacing or
repairing property or in preventing or minimising,
or attempting to prevent or minimise, a loss,
reduction or damage mentioned in subparagraph (i)
or (ii).
(2)
The court may order the person to do either or both of the
following—
(a)
pay to the other person an amount of compensation the
court considers appropriate for the loss, reduction or
damage suffered or costs or expenses incurred;
Current as at 19 December 2014
Page 375
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 614]
(b)
take stated remedial action the court considers
appropriate.
(3)
An order under subsection (2) is in addition to the imposition
of a penalty and any other order under this Act.
(4)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992 or another law.
614
Recovery of costs of investigation
(1)
This section applies if—
(a)
a person is convicted of an offence against this Act; and
(b)
the court convicting the person finds the assessing
authority has reasonably incurred costs and expenses in
taking a sample or conducting an inspection, test,
measurement or analysis during the investigation of the
offence; and
(c)
the assessing authority applies for an order against the
person for the payment of the costs and expenses.
(2)
The court may order the person to pay to the assessing
authority the reasonable costs and expenses incurred by the
authority if it is satisfied it would be just to make the order in
the circumstances of the particular case.
(3)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992 or another law.
Division 3
615
Evidence
Application of div 3
This division applies to a proceeding under or in relation to
this Act.
Page 376
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 616]
616
Appointments and authority
It is not necessary to prove—
617
(a)
the appointment of the chief executive or the chief
executive officer, however called, of an assessing
authority; or
(b)
the authority of the chief executive or the chief executive
officer, however called, of an assessing authority to do
anything under this Act.
Signatures
A signature purporting to be the signature of the chief
executive or the chief executive officer, however called, of an
assessing authority is evidence of the signature it purports to
be.
618
Matter coming to complainant’s knowledge
In a complaint starting a proceeding, a statement that the
matter of the complaint came to the complainant’s knowledge
on a stated day is evidence of the matter.
619
Instruments, equipment and installations
Any instrument, equipment or installation prescribed under a
regulation that is used by an appropriately qualified person in
compliance with any conditions prescribed under a regulation
is taken to be accurate and precise in the absence of evidence
to the contrary.
620
Analyst’s certificate or report
A certificate or report purporting to be signed by an
appropriately qualified person and stating any of the following
matters is evidence of the matter—
(a)
the person’s qualifications;
Current as at 19 December 2014
Page 377
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 621]
621
(b)
the person took, or received from a stated person, a
stated sample;
(c)
the person analysed the sample on a stated day, or
during a stated period, and at a stated place;
(d)
the results of the analysis.
Evidence of planning instruments or notices of
designation
(1)
In a proceeding, a certified copy of a planning instrument or a
notice of designation is evidence of the content of the
instrument or notice.
(2)
All courts, judges and persons acting judicially must take
judicial notice of a certified copy of a planning instrument or a
notice of designation.
(3)
In a proceeding, a copy of the gazette or newspaper
containing a notice about the making of a planning instrument
is evidence of the matters stated in the notice.
622
Planning instruments presumed to be within jurisdiction
In a proceeding, the following are presumed unless the issue is
raised—
623
(a)
the competence of a Minister to make a planning
instrument;
(b)
the competence of a local government to make a local
planning instrument.
Evidentiary aids generally
A certificate purporting to be signed by the chief executive
officer, however called, of an assessing authority stating any
of the following matters is evidence of the matter—
(a)
a stated document is—
(i)
Page 378
an appointment or a copy of an appointment; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 7 Appeals, offences and enforcement
Part 4 Legal proceedings
[s 624]
(ii) a direction or decision, or a copy of a direction or
decision, given or made under this Act; or
(iii) a notice, order, permit or other document, or a copy
of a notice, order, permit or other document, given
under this Act;
(b)
on a stated day, or during a stated period, a stated person
was or was not the holder of a development permit or a
compliance permit for stated development, or a
compliance certificate for a stated document or work;
(c)
on a stated day, or during a stated period, a development
permit or compliance permit—
(i)
was or was not in force for a stated person or
development; or
(ii) was or was not subject to a stated condition;
(d)
on a stated day, or during a stated period, a compliance
certificate—
(i)
was or was not in force for a stated person,
document or work; or
(ii) was or was not subject to a stated condition;
624
(e)
on a stated day, a stated person was given a stated notice
or direction under this Act;
(f)
a stated amount is payable under this Act by a stated
person and has not been paid.
Responsibility for acts or omissions of representatives
(1)
This section applies in a proceeding for an offence against this
Act.
(2)
If it is relevant to prove a person’s state of mind about a
particular act or omission, it is enough to show—
(a)
the act was done or omitted to be done by a
representative of the person within the scope of the
representative’s actual or apparent authority; and
Current as at 19 December 2014
Page 379
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 625]
(b)
the representative had the state of mind.
(3)
An act done or omitted to be done for a person by a
representative of the person within the scope of the
representative’s actual or apparent authority is taken to have
been done or omitted to be done also by the person, unless the
person proves the person could not, by the exercise of
reasonable diligence, have prevented the act or omission.
(4)
In this section—
representative means—
(a)
of a corporation—an executive officer, employee or
agent of the corporation; or
(b)
of an individual—an employee or agent of the
individual.
state of mind, of a person, includes the person’s—
(a)
knowledge, intention, opinion, belief or purpose; and
(b)
reasons for the intention, opinion, belief or purpose.
Chapter 8
Infrastructure
Part 1
Preliminary
625
Simplified outline of chapter
(1)
Part 1, other than this section, states interpretative provisions.
(2)
Part 2—
(a)
authorises local governments to do the following for
development approvals—
(i)
Page 380
for trunk infrastructure, either or both of the
following—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 626]
(A)
adopt,
by
resolution,
charges
for
development infrastructure and levy charges
in accordance with the resolution;
(B)
impose
particular
conditions
development infrastructure;
about
(ii) for non-trunk infrastructure, impose particular
conditions about development infrastructure; and
(b)
626
provides for a State planning regulatory provision to
govern local government adopted charges and charges
by distributor-retailers under the SEQ Water Act for
trunk infrastructure.
(3)
Part 3 authorises State infrastructure providers to impose
particular conditions on development approvals about
infrastructure.
(4)
Part 4 provides for agreements between public sector entities
and others about infrastructure.
(5)
Part 5 contains miscellaneous provisions.
Extension of chapter to permissible changes, extension
approvals and compliance assessment
(1)
A reference in a provision of this chapter to a person or matter
as follows (the subject) includes a reference to the other
person or matter stated for the subject—
(a)
for a development application—
(i)
a change request; and
(ii) a request (an extension request) under section 383
to extend the period of a development approval;
and
(iii) a request for
development;
(b)
compliance
assessment
for
for the applicant for a development approval—a person
making a change request, an extension request or a
request for compliance assessment for development;
Current as at 19 December 2014
Page 381
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 626]
(c)
for a development approval—an approval of a change
request or an extension request, or a compliance permit;
(d)
for the giving of a development approval—the giving of
a change approval, an extension approval or a
compliance permit.
(2)
The inclusions apply to both general and specific references
and with necessary changes for them to apply for change
requests, extension requests and compliance assessment.
(3)
In applying this chapter to a change approval or an extension
approval, parts 2 and 3 apply as if—
(a)
the power to give infrastructure charges notices were
instead a power to amend, by notice to the applicant for
the approval, any infrastructure charges notice for the
relevant development approval; and
(b)
a reference to an infrastructure charges notice were a
reference to the infrastructure charges notice as so
amended; and
(c)
a reference to the giving of a development approval
were a reference to the giving of the change approval or
extension approval; and
(d)
a power to impose a particular condition on a
development approval were a power to amend the
development approval the subject of the change request
or extension request to impose the particular condition,
as well as the power to impose under section 375; and
(e)
a reference to a development approval, or to a condition
of a development approval, were a reference to the
relevant development approval as so amended or the
condition.
(3A) However, despite subsection (3)(a), a local government may
only amend an infrastructure charges notice for a relevant
development approval for a change approval or an extension
approval if the amendment relates to the change to, or
extension of, the development approval.
Page 382
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 627]
(4)
In this section—
change approval means the approval under section 375(1) of
a change request.
change request means a request under section 369(1) to
change a development approval.
extension approval means the approval, under section 387(1),
of an extension request.
relevant development approval means—
627
(a)
for a change approval—the development approval
changed under the change approval; or
(b)
for an extension approval—the development approval to
which the extension approval relates.
Definitions for ch 8
In this chapter—
additional payment condition see section 650(1).
adopted charge see section 630(1).
agreement means an agreement in writing.
automatic increase provision see section 631(3)(b).
charges breakup means the proportion of the maximum
adopted charges under this chapter and under the SEQ Water
Act as between—
(a)
the local government; and
(b)
a distributor-retailer of the local government.
charges resolution see section 630(1).
conversion application see section 659(1).
development infrastructure means—
(a)
land or works, or both land and works, for—
Current as at 19 December 2014
Page 383
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 627]
(i)
water cycle management infrastructure, including
infrastructure for water supply, sewerage,
collecting water, treating water, stream managing,
disposing of waters and flood mitigation, but not
water cycle management infrastructure that is State
infrastructure; or
(ii) transport infrastructure, including roads, vehicle
lay-bys, traffic control devices, dedicated public
transport corridors, public parking facilities
predominantly serving a local area, cycle ways,
pathways and ferry terminals; or
(iii) public parks infrastructure, including playground
equipment, playing fields, courts and picnic
facilities; or
(b)
land, and works that ensure the land is suitable for
development, for local community facilities, including,
for example, the following—
(i)
community halls or centres;
(ii) public recreation centres;
(iii) public libraries.
establishment cost, for a provision about trunk infrastructure,
means the following—
(a)
for existing infrastructure—
(i)
the current replacement cost of the infrastructure as
reflected in the relevant local government’s asset
register; and
(ii) the current value of the land acquired for the
infrastructure;
(b)
Page 384
for future infrastructure—all costs of land acquisition,
financing, and design and construction, for the
infrastructure.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 627]
impose, for a provision about a condition of a development
approval, includes a concurrence agency requiring the
condition to be attached to a development approval.
information notice, about a decision, means a notice
stating—
(a)
the decision and the reasons for it; and
(b)
that its recipient may appeal against the decision; and
(c)
how the recipient may appeal.
Note—
For appeals relating to this chapter, see sections 478, 478A, 535 and
535A.
infrastructure agreement see section 670.
infrastructure charges notice means—
(a)
if paragraphs (b) and (c) do not apply—an infrastructure
charges notice given under section 364(2), 635(2) or
662(4)(a); or
(b)
if, under section 643(1), a negotiated notice within the
meaning of that section replaces an existing
infrastructure charges notice—the negotiated notice; or
(c)
if an existing infrastructure charges notice is amended
under section 626(3), 657(3) or 662(4)(b)—the notice as
amended.
levied charge see section 635(6).
LGIP (an acronym for local government infrastructure plan)
means the part of a local government’s planning scheme that,
to the extent applicable, does any or all of the following—
(a)
identifies the PIA;
(b)
states assumptions about—
(i)
population and employment growth; and
(ii) the type, scale, location and timing of future
development;
Current as at 19 December 2014
Page 385
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 1 Preliminary
[s 627]
(c)
includes plans for trunk infrastructure;
(d)
states the desired standard of service for development
infrastructure.
maximum adopted charge see section 629(5).
necessary infrastructure condition see section 645(2).
non-rural purposes means purposes other than rural or rural
residential purposes.
non-trunk infrastructure means development infrastructure
other than trunk infrastructure.
notice means a notice in writing.
original notice see section 640.
payer, for a provision about a levied charge or for a payment,
means anyone who pays part or all of the charge or payment.
payment includes a contribution by way of a payment.
PIA (an acronym for priority infrastructure area) means an
area—
(a)
used, or approved for use, for non-rural purposes; and
(b)
serviced, or intended to be serviced, with development
infrastructure networks; and
(c)
that will accommodate at least 10 (but no more than 15)
years of growth for non-rural purposes.
PPI index means the following—
(a)
generally—the producer price index for construction
6427.0 (ABS PPI) index number 3101—Road and
Bridge construction index for Queensland published by
the Australian Bureau of Statistics;
(b)
if an index described in paragraph (a) ceases to be
published—another similar index prescribed by
regulation.
public sector entity does not include a distributor-retailer.
Page 386
Current as at 19 December 2014
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Chapter 8 Infrastructure
Part 1 Preliminary
[s 628]
relevant appeal period, for a provision about an infrastructure
charges notice, means the period within which its recipient
may appeal under section 478 or 535.
relevant or reasonable requirements means sections 345 and
406.
SPRP (adopted charges) see section 629(5).
State infrastructure provider means—
(a)
the chief executive; or
(b)
a public sector entity, other than a local government, that
provides State infrastructure or administers a regional
plan for a designated region.
State-related condition see section 666(1).
subject premises see section 645(1).
submission means written submission.
trunk infrastructure, for a provision about a local
government, means all of the following—
(a)
development infrastructure identified in the LGIP as
trunk infrastructure;
(b)
development infrastructure that, because of a conversion
application, becomes trunk infrastructure;
(c)
development infrastructure that is required to be
provided under a condition imposed under section
647(2).
Note—
Until 1 July 2016, identification of trunk infrastructure may also take
place by resolution. See, for example, section 979.
628
References in ch 8
(1)
A reference in a provision of this chapter to a person or matter
as follows (the subject) is a reference to the other person or
matter stated for the subject—
Current as at 19 December 2014
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[s 628]
(a)
for ‘the applicant’—
(i)
for a provision about a development approval—the
applicant for the approval and anyone else in
whom the benefit of the application vests from
time to time; or
(ii) for a charge matter—the applicant for the relevant
development approval;
(b)
for ‘the development’—
(i)
for a provision about a development approval—the
development the subject of the approval; or
(ii) for a provision about a condition of a development
approval—the development the subject of the
development approval of which the condition is a
part; or
(iii) for a provision about a charge matter—the
development the subject of the relevant
development approval;
(c)
for ‘the land’—
(i)
for a provision about a development approval—the
land the subject of the approval; or
(ii) for a provision about a levied charge or
infrastructure charges notice—the land to which
the levied charge, or the levied charge under the
notice, attaches;
(d)
for ‘the premises’—
(i)
for a provision about a development approval—the
land the subject of the approval; or
(ii) for a provision about a charge matter—the land the
subject of the relevant development approval;
(e)
for ‘the PIA’—
(i)
Page 388
for a provision about a local government—the
local government’s PIA; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 628A]
(ii) for a provision about a development application or
condition of a development approval—the relevant
local government’s PIA;
(f)
for ‘the LGIP’—
(i)
for a provision about a local government—the
local government’s LGIP; or
(ii) for a provision about a development application or
condition of a development approval—the relevant
local government’s LGIP.
(2)
In this section—
charge matter means an adopted charge, infrastructure
charges notice or levied charge.
relevant development approval, for a charge matter, means
the development approval to which the matter relates or will
relate.
Part 2
Provisions for local
governments
Division 1A
Preliminary
628A Application of pt 2
This part, other than section 629 and division 4, applies to a
local government only if the local government’s planning
scheme includes an LGIP.
Current as at 19 December 2014
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Part 2 Provisions for local governments
[s 629]
Division 1
Charges for trunk infrastructure
Subdivision 1
Power to adopt charges
629
State planning regulatory provision governing charges
(1)
A State planning regulatory provision may impose a
maximum for each adopted charge—
(a)
under this chapter in relation to providing trunk
infrastructure for development; or
(b)
under the SEQ Water Act in relation to providing trunk
infrastructure.
(2)
The Minister may, by gazette notice, change the amount of a
maximum adopted charge.
(3)
Any increase under subsection (2) 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 PPI index for the
period of 3 years ending at the start of the financial year.
(4)
The SPRP (adopted charges) may also—
(5)
(a)
provide for the charges breakup; and
(b)
state development for which there may be an adopted
charge under this chapter or land uses for which there
may be an adopted charge under the SEQ Water Act for
trunk infrastructure; and
(c)
provide for the parameters mentioned in section 633(2).
In this section—
maximum adopted charge means the maximum for an
adopted charge imposed under an SPRP (adopted charges) as
mentioned in subsection (1) as the amount of that maximum is
changed, from time to time, under subsection (2).
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Current as at 19 December 2014
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Chapter 8 Infrastructure
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[s 630]
SPRP (adopted charges) means a State planning regulatory
provision that imposes a maximum for each adopted charge
under this chapter.
630
Power to adopt charges by resolution
(1)
A local government may, by resolution (a charges
resolution), adopt charges (each an adopted charge) for
providing trunk infrastructure for development.
(2)
However—
(a)
a charges resolution does not, of itself, levy an
infrastructure charge; and
(b)
the making of a charges resolution is subject to this
subdivision and subdivision 2; and
(c)
an adopted charge must not be for—
(i)
work or use of land authorised under the
Greenhouse Gas Storage Act 2009, the Mineral
Resources Act 1989, the Petroleum Act 1923 or the
Petroleum and Gas (Production and Safety) Act
2004; or
(ii) development in a priority development area under
the Economic Development Act 2012.
(3)
A charges resolution must state the day when an adopted
charge under the resolution is to take effect.
Note—
See section 634(2).
Subdivision 2
631
Charges resolutions
Contents—general
(1)
An adopted charge may be made only if it is—
(a)
permitted under the SPRP (adopted charges); and
Current as at 19 December 2014
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[s 632]
(b)
no more than the maximum adopted charge for
providing trunk infrastructure for development.
Note—
See also section 632(5).
(2)
There may be different adopted charges for developments in
different parts of the local government’s area.
(3)
Also, a charges resolution may do the following—
(a)
declare there is no adopted charge for part or all of the
relevant local government area;
(b)
provide for automatic increases in levied charges from
when they are levied to when they are paid (an
automatic increase provision).
(4)
However, an automatic increase provision must state how
increases under it are to be worked out.
(5)
Also, the automatic increase must not be more than the lesser
of the following—
(6)
(a)
the difference between the levied charge and the
maximum adopted charge the local government could
have levied for the development when the charge is
paid;
(b)
the increase for the PPI index for the period starting on
the day the levied charge was levied and ending on the
day it is paid, adjusted by reference to the 3-yearly PPI
index average.
In this section—
3-yearly PPI index average means the PPI index smoothed in
accordance with the 3-year moving average quarterly
percentage change between quarters.
632
Provisions for participating local governments and
distributor-retailers
(1)
Page 392
This section applies to each of the following (the parties)—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 633]
633
(a)
a local government that, under the SEQ Water Act, is a
participating local government for a distributor-retailer;
(b)
the distributor-retailer.
(2)
The parties may agree about the charges breakup (a breakup
agreement).
(3)
A breakup agreement prevails over a charges breakup under
the SPRP (adopted charges).
(4)
A charges resolution of the local government must state the
charges breakup for all adopted charges under the resolution.
(5)
However, the adopted charges must not be more than the
proportion of the maximum adopted charges the local
government may have under—
(a)
a breakup agreement to which it is a party; or
(b)
if it is not a party to a breakup agreement—the SPRP
(adopted charges).
(6)
Subsection (7) applies if there is a charges resolution of the
local government and the parties later enter into a breakup
agreement with a different charges breakup from the
resolution.
(7)
The breakup agreement does not take effect until the later of
the following—
(a)
the local government makes a new charges resolution
that reflects the agreement;
(b)
the distributor-retailer adopts a new infrastructure
charge schedule that reflects the agreement.
Working out cost of infrastructure for offset or refund
(1)
For the purpose of working out an offset or refund under this
part, a charges resolution must include a method for working
out the cost of the infrastructure the subject of the offset or
refund.
Current as at 19 December 2014
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[s 633A]
(2)
The method must be consistent with the parameters for the
purpose provided for under—
(a)
the SPRP (adopted charges); or
(b)
if the parameters are not provided for under the SPRP
(adopted charges)—a guideline made by the Minister
and prescribed by regulation.
633A Criteria for deciding conversion application
(1)
A charges resolution must include criteria for deciding a
conversion application.
(2)
The criteria must be consistent with parameters for the criteria
provided for under a guideline made by the Minister and
prescribed by regulation.
634
Steps after making charges resolution
(1)
On making a charges resolution, a local government must—
(a)
upload and keep the resolution on its website; and
(b)
attach the resolution to each copy of its planning scheme
that it gives to, or publishes for, others.
Note—
A charges resolution is not part of a planning scheme even if it is
attached to the scheme.
(2)
Page 394
The charges under the charges resolution take effect—
(a)
if the charges resolution is uploaded on the relevant
local government website before the beginning of the
day stated in the resolution as the day for the charges to
take effect—on the day stated in the resolution; or
(b)
otherwise—on the day the charges resolution is
uploaded on the website.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 635]
Subdivision 3
635
Levying charges
When charge may be levied and recovered
(1)
(2)
This section applies if—
(a)
a development approval has been given; and
(b)
an adopted charge applies for providing the trunk
infrastructure for the development; and
(c)
section 205 does not apply to the development.
The local government must
infrastructure charges notice.
give
the
applicant
an
Note—
Under section 364, a local government may give a new infrastructure
charges notice for a negotiated decision notice.
(3)
The local government must give the notice—
(a)
generally—
(i)
if it is the assessment manager—at the same time
as, or as soon as practicable after, the development
approval is given; or
(ii) if it is a concurrence agency—within 10 business
days after it receives a copy of the development
approval; or
(4)
(b)
if the development approval is a deemed approval for
which a decision notice has not been given—within 20
business days after the local government receives a copy
of the deemed approval notice; or
(c)
if paragraphs (a) and (b) do not apply—within 20
business days after the local government receives a copy
of the development approval.
Subsection (3) is subject to any provision under which an
infrastructure charges notice may be amended or replaced.
Current as at 19 December 2014
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Chapter 8 Infrastructure
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[s 636]
Note—
See sections 626(3), 643(1), 657(3) and 662(4)(b).
(5)
The infrastructure charges notice lapses if the development
approval stops having effect.
(6)
If the infrastructure charges notice levies on the applicant an
amount for a charge worked out by applying the adopted
charge (a levied charge), the following apply for the levied
charge—
636
(a)
its amount is subject to sections 636 and 649;
(b)
it is payable by the applicant;
(c)
it attaches to the land;
(d)
it only becomes payable as provided for under
subdivision 4;
(e)
it is subject to any agreement under section 639(1).
Limitation of levied charge
(1)
A levied charge may be only for additional demand placed
upon trunk infrastructure that will be generated by the
development.
(2)
In working out additional demand, the demand on trunk
infrastructure generated by the following must not be
included—
(3)
Page 396
(a)
an existing use on the premises if the use is lawful and
already taking place on the premises;
(b)
a previous use that is no longer taking place on the
premises if the use was lawful at the time it was carried
out;
(c)
other development on the premises if the development
may be lawfully carried out without the need for a
further development permit.
However, the demand generated by a use or development
mentioned in subsection (2) may be included if an
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 637]
infrastructure requirement that applies or applied to the use or
development has not been complied with.
(3A) Also, the demand generated by development mentioned in
subsection (2)(c) may be included if—
(4)
(a)
an infrastructure requirement applies to the land on
which the development will be carried out; and
(b)
the infrastructure requirement was imposed on the basis
of development of a lower scale or intensity being
carried out on the land.
In this section—
charges notice means—
(a)
an infrastructure charges notice; or
(b)
a notice mentioned in section 977(1).
infrastructure requirement means a charges notice, or a
condition of a development approval, that requires
infrastructure or a payment in relation to demand on trunk
infrastructure.
637
Requirements for infrastructure charges notice
(1)
An infrastructure charges notice must state all of the following
for the levied charge—
(a)
its current amount;
(b)
how it has been worked out;
(c)
the land;
(d)
when it will be payable under section 638 (without
considering any possible operation of section 639);
(e)
if an automatic increase provision applies—
(i)
that it is subject to automatic increases; and
(ii) how the increases are worked out under the
provision;
Current as at 19 December 2014
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Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 638]
(f)
(2)
whether an offset or refund under this part applies and,
if so, information about the offset or refund, including
when the refund will be given.
The infrastructure charges notice must also include, or be
accompanied by, an information notice about the decision to
give the notice.
Subdivision 4
638
Payment
Payment triggers generally
(1)
(2)
639
A levied charge becomes payable—
(a)
if the charge applies for reconfiguring a lot—when the
local government that levied the charge approves the
plan of subdivision for the reconfiguration; or
(b)
if the charge applies for building work—when the
certificate of classification or final inspection certificate
for the building work is given; or
(c)
if the charge applies for a material change of use—when
the change happens; or
(d)
if the charge applies for other development—on the day
stated in the infrastructure charges notice under which
the charge was levied.
This section is subject to section 639.
Agreements about payment or provision instead of
payment
(1)
The recipient of an infrastructure charges notice and the local
government that gave it may agree about either or both of the
following—
(a)
Page 398
whether the levied charge under the notice may be paid
other than as required under section 638 including
whether it may be paid by instalments;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 640]
(b)
(2)
whether infrastructure may be provided instead of
paying part or all of the levied charge.
If the levied charge is subject to an automatic increase
provision, the agreement must state how increases in the
charge are payable under the agreement.
Subdivision 5
640
Changing charges during relevant
appeal period
Application of sdiv 5
This subdivision applies to the recipient of an infrastructure
charges notice (the original notice) given by a local
government.
641
Submissions for infrastructure charges notice
During the relevant appeal period, the recipient may make
submissions to the local government about the original notice.
642
Consideration of submissions
The local government must consider the submissions.
643
Decision about submissions
(1)
If the local government decides it agrees with a submission, it
must, within 5 business days after making the decision, give
the recipient a new infrastructure charges notice (a negotiated
notice).
(2)
The local government may give only 1 negotiated notice.
(3)
A negotiated notice—
(a)
must be in the same form as the original notice; and
(b)
must state the nature of the changes; and
Current as at 19 December 2014
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Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 644]
(c)
replaces the original notice.
(4)
If the local government decides it does not agree with any of
the submissions, it must, within 5 business days after making
the decision, give the recipient a notice stating the decision.
(5)
Despite another provision of this Act, the relevant appeal
period for the infrastructure charges notice starts again when
the recipient is given the notice under subsection (4).
644
Suspension of relevant appeal period
(1)
If the recipient needs more time to make submissions, the
recipient may give the local government a notice (a
suspension notice) suspending the relevant appeal period.
(2)
The recipient may give only1 suspension notice.
(3)
If the submissions are not made within 20 business days after
the giving of the suspension notice, the balance of the relevant
appeal period restarts.
(4)
If submissions are made within the 20 business days and the
recipient gives the local government a notice withdrawing the
suspension notice, the balance of the relevant appeal period
restarts the day after the local government receives the notice
of withdrawal.
Division 2
Development approval conditions
about trunk infrastructure
Subdivision 1
Conditions for necessary trunk
infrastructure
645
Application and operation of sdiv 1
(1)
Page 400
This subdivision applies if trunk infrastructure necessary to
service premises the subject of a development application (the
subject premises)—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 646]
(2)
646
647
(a)
has not been provided; or
(b)
has been provided but is inadequate.
Sections 646 and 647 provide for a local government to be
able to impose particular conditions on the development
approval (each condition is a necessary infrastructure
condition).
Necessary infrastructure condition for LGIP-identified
infrastructure
(1)
This section applies if the LGIP identifies adequate trunk
infrastructure to service the subject premises.
(2)
The local government may impose a condition requiring
either or both of the following to be provided at a stated
time—
(a)
the identified infrastructure;
(b)
different trunk infrastructure delivering the same desired
standard of service.
Necessary infrastructure condition for other
infrastructure
(1)
This section applies if the LGIP does not identify adequate
trunk infrastructure to service the subject premises.
(2)
The local government may impose a condition on a
development
approval
that
requires
development
infrastructure necessary to service the premises to be provided
at a stated time.
Note—
See section 627, definition trunk infrastructure.
(3)
However, a local government may impose a condition under
subsection (2) only if the development infrastructure services
development consistent with the assumptions stated in the
LGIP about the type, scale, location or timing of future
development.
Current as at 19 December 2014
Page 401
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Chapter 8 Infrastructure
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[s 648]
648
Deemed compliance with necessary or reasonable
requirements
(1)
A necessary infrastructure condition is taken to comply with
the relevant or reasonable requirements if—
(a)
generally, the infrastructure required is—
(i)
necessary to service the subject premises; and
(ii) the most efficient and cost-effective solution for
servicing other premises in the general area of the
subject premises; and
(b)
for a necessary infrastructure condition that requires the
provision of the infrastructure on the subject
premises—its provision is not an unreasonable
imposition on—
(i)
the development; or
(ii) the use of the subject premises as a consequence of
the development.
(2)
649
To remove any doubt, it is declared that a necessary
infrastructure condition may be imposed for infrastructure
even if it will service premises other than the subject
premises.
Offset or refund requirements
(1)
(2)
Page 402
This section applies if—
(a)
trunk infrastructure the subject of a necessary
infrastructure condition services, or is planned to
service, premises other than the subject premises; and
(b)
an adopted charge applies to the development.
If the cost of the infrastructure required to be provided under
the condition is equal to or less than the amount worked out
by applying the adopted charge to the development, the cost
must be offset against that amount.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 650]
Note—
For how the cost is worked out, see sections 633 and 657.
(3)
If the cost of the infrastructure required to be provided under
the condition is more than the amount worked out by applying
the adopted charge to the development—
(a)
there is no amount payable for the development
approval; and
(b)
the local government must refund the applicant an
amount equal to the difference between the
establishment cost of the trunk infrastructure and the
amount worked out by applying the adopted charge to
the development.
Example—
A necessary infrastructure condition of a development approval requires
transport infrastructure to be provided. The cost of the transport
infrastructure is $500,000. Adopted charges apply to the development at
a total amount of $600,000. The cost of the infrastructure under the
necessary infrastructure condition ($500,000) must be offset against the
total amount worked out by applying the adopted charge to the
development ($600,000), rather than offsetting it only against the part of
the charge relating to transport infrastructure.
Subdivision 2
650
Conditions for additional trunk
infrastructure costs
Power to impose
(1)
A local government may impose a condition (an additional
payment condition) requiring the payment of additional trunk
infrastructure costs only if—
(a)
the development—
(i)
will generate infrastructure demand of more than
that required to service the type or scale of future
development that the LGIP assumes; or
Current as at 19 December 2014
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[s 651]
(ii) will require new trunk infrastructure earlier than
when identified in the LGIP; or
(iii) is for premises completely or partly outside the
PIA; and
(b)
the development would impose additional trunk
infrastructure costs on the local government after taking
into account either or both of the following—
(i)
levied charges for the development;
(ii) trunk infrastructure provided, or to be provided, by
the applicant under this part.
(2)
However, an additional payment condition must not be
imposed for a State infrastructure provider.
(3)
An additional payment condition is taken to comply with the
relevant or reasonable requirements to the extent the
infrastructure is necessary, but not yet available, to service the
development.
(4)
Subsection (3) applies even if the infrastructure is also
intended to service other development.
(5)
The power to impose an additional payment condition is
subject to the rest of this subdivision.
651
Content of additional payment condition
(1)
Page 404
An additional payment condition must state all of the
following—
(a)
why it was imposed;
(b)
the amount of the payment to be made under the
condition;
(c)
details of the trunk infrastructure for which the payment
is required;
(d)
when the amount becomes payable (the payment time);
(e)
that the applicant may, instead of making the payment,
elect to provide part or all of the trunk infrastructure;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 652]
(f)
if the applicant so elects—
(i)
any requirements
infrastructure; and
for
providing
the
trunk
(ii) when it must be provided.
(2)
Unless the applicant and the local government otherwise
agree, the payment time is—
(a)
if the trunk infrastructure is necessary to service the
premises—by the day the development, or work
associated with the development, starts; or
(b)
otherwise—
(i)
if the additional payment condition applies for
reconfiguring a lot—when the local government
approves the plan of subdivision for the
reconfiguration; or
(ii) if the additional payment condition applies for
building work—when the certificate of
classification or final inspection certificate for the
work is given; or
(iii) if the additional payment condition applies for a
material change of use—when the change happens.
652
Restriction if development completely in PIA
(1)
This section applies for an additional payment condition
imposed by a local government for development completely
inside the PIA.
(2)
The additional payment condition may require a payment only
as follows—
(a)
for trunk infrastructure to be provided earlier than
planned in the LGIP—the additional establishment cost
that would be incurred by the local government in
providing the trunk infrastructure earlier than planned;
(b)
for infrastructure associated with a different type or
scale of development from that assumed in the
Current as at 19 December 2014
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[s 653]
LGIP—the establishment cost of any additional trunk
infrastructure made necessary by the development.
653
Other area restrictions
(1)
This section applies for an additional payment condition
imposed by a local government for development completely
or partly outside the PIA.
(2)
The additional payment condition may only require the
payment of—
(a)
the establishment cost of infrastructure that is—
(i)
made necessary by the development; and
(ii) if the relevant local government’s planning scheme
indicates the premises is part of an area intended
for future development for non-rural purposes—
necessary to service the rest of the area; and
(b)
either or both of the following establishment costs of
any temporary infrastructure—
(i)
costs required to ensure the safe or efficient
operation of infrastructure needed to service the
development;
(ii) costs made necessary by the development; and
654
(c)
any decommissioning, removal and rehabilitation costs
of the temporary infrastructure; and
(d)
the maintenance and operating costs for up to 5 years of
the infrastructure and temporary infrastructure as
mentioned in paragraphs (a) and (b).
Refund if development in PIA
(1)
Page 406
This section applies for an additional payment condition
imposed by a local government for development completely
inside the PIA.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 655]
(2)
655
(a)
may be apportioned reasonably to other users of the
infrastructure; and
(b)
has been, is or is to be, the subject of a levied charge by
the local government.
Refund if development approval ceases
(1)
656
The local government must refund the payer the proportion of
the establishment cost of the infrastructure that—
This section applies if—
(a)
a development approval subject to an additional
payment condition no longer has effect; and
(b)
a payment has been made under the condition; and
(c)
construction of the infrastructure the subject of the
condition has not substantially started before the
development approval no longer has effect.
(2)
The local government must refund the payer any part of the
payment the local government has not spent, or contracted to
spend, on designing and constructing the infrastructure.
(3)
Timing of the refund is subject to terms agreed between the
payer and local government.
Additional payment condition does not affect other
powers
To remove any doubt, it is declared that the imposition of an
additional payment condition does not prevent a local
government from doing the following—
(a)
adopting charges for trunk infrastructure and levying
charges;
(b)
imposing a condition for non-trunk infrastructure;
(c)
imposing a necessary infrastructure condition.
Current as at 19 December 2014
Page 407
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 657]
Subdivision 3
657
Working out cost for required offset
or refunds
Process
(1)
(2)
This section applies if—
(a)
a development approval requires the applicant to
provide trunk infrastructure; and
(b)
the local government has given the applicant for the
development approval an infrastructure charges notice
that includes details of an offset or refund under this part
relating to the establishment cost of the trunk
infrastructure; and
(c)
the applicant does not agree with the value of the
establishment cost.
The applicant may, by notice to the local government, require
it to use the method under the relevant charges resolution to
recalculate the establishment cost.
(2A) A notice under subsection (2) must be given to the local
government before the levied charge under the infrastructure
charges notice becomes payable under section 638.
(3)
By notice to the applicant, the local government must amend
the existing infrastructure charges notice.
(4)
The amended infrastructure charges notice must adopt the
method to work out the establishment cost.
Page 408
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 658]
Division 3
Miscellaneous provisions about
trunk infrastructure
Subdivision 1
Conversion of particular non-trunk
infrastructure before construction
starts
658
Application of sdiv 1
This subdivision applies if—
(a)
a particular condition of a development approval under
section 665 requires non-trunk infrastructure to be
provided; and
(b)
the construction of the non-trunk infrastructure has not
started.
Note—
The combined effect of the definitions trunk infrastructure and
non-trunk infrastructure under section 627 is that where infrastructure is
not identified in an LGIP it is, by default, non-trunk infrastructure.
659
660
Application to convert infrastructure to trunk
infrastructure
(1)
The applicant for the development approval may apply (a
conversion application) to convert non-trunk infrastructure to
trunk infrastructure.
(2)
The application must be made to the local government in
writing.
Deciding conversion application
(1)
The local government must consider and decide the
conversion application within the required period.
Current as at 19 December 2014
Page 409
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 661]
(2)
In deciding the conversion application, the local government
must have regard to the criteria for deciding the application in
its charges resolution.
(3)
However, at any time before making the decision, the local
government may give a notice to the applicant requiring the
applicant to give information the local government reasonably
needs to make the decision.
(4)
The notice must state—
(5)
(6)
(a)
what information it requires; and
(b)
a period of at least 10 business days for giving the
information; and
(c)
the effect of subsection (5).
The application lapses if the applicant does not comply with
the notice within the later of the following—
(a)
the period stated in the notice for giving the information;
(b)
any later period, as agreed within the period stated in the
notice, between the local government and the applicant.
In this section—
required period means 30 business days after—
661
(a)
generally—the making of the application; or
(b)
if an information requirement is made—the requirement
is complied with.
Notice of decision
(1)
As soon as practicable after deciding the conversion
application, the local government must give the applicant
notice of the decision.
(2)
If the decision is to convert non-trunk infrastructure to trunk
infrastructure, the notice must state whether an offset or
refund under this part applies and, if it does, details of the
offset or refund.
Page 410
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 662]
(3)
662
If the decision is not to convert non-trunk infrastructure to
trunk infrastructure, the notice must be an information notice
about the decision.
Effect of and action after conversion
(1)
This section applies if the decision on a conversion
application is to convert non-trunk infrastructure to trunk
infrastructure.
Note—
See section 627, definition trunk infrastructure.
(2)
The condition of the relevant development approval requiring
the non-trunk infrastructure to be provided no longer has
effect.
(3)
Within 20 business days after making the decision, the local
government may amend the development approval by
imposing a necessary infrastructure condition for the trunk
infrastructure.
(4)
If a necessary infrastructure condition is imposed, the local
government must also do either of the following within 10
business days after the imposition for the purposes of section
649(2) or (3)(b)—
(5)
(a)
give an infrastructure charges notice;
(b)
amend, by notice to the applicant, any existing
infrastructure charges notice for the development
approval.
For taking action under subsections (3) and (4), divisions 1
and 2 and sections 478 and 535 apply (and IDAS does not) as
if—
(a)
a development approval were a reference to the
conversion; and
(b)
a levied charge were a reference to the amendment of a
levied charge.
Current as at 19 December 2014
Page 411
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 2 Provisions for local governments
[s 663]
Subdivision 2
663
Other provisions
Financial provisions
(1)
A levied charge paid to a local government must be used to
provide trunk infrastructure.
(2)
To remove any doubt, it is declared that the amount paid need
not be held in trust by the local government.
664
Levied charge taken to be rates
(1)
A levied charge is, for the purpose of its recovery, taken to be
rates of the local government that levied it.
(2)
However, subsection (1) is subject to any agreement between
the local government and the applicant.
(3)
In this section—
rates means rates within the meaning of—
(a)
for Brisbane—the City of Brisbane Act; or
(b)
otherwise—the Local Government Act.
Division 4
665
Non-trunk infrastructure
Conditions local governments may impose
(1)
This section applies for the imposition by a local government
of a condition of a development approval about non-trunk
infrastructure.
(2)
The condition may be only about providing development
infrastructure for 1 or more of the following—
Page 412
(a)
a network, or part of a network, internal to the premises;
(b)
connecting the premises to external infrastructure
networks;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 3 Provisions for State infrastructure providers
[s 666]
(c)
protecting or maintaining the safety or efficiency of the
infrastructure network of which the non-trunk
infrastructure is a component.
Example for paragraph (c)—
A condition may require construction works in the vicinity of
existing transport infrastructure must not adversely affect the
infrastructure’s integrity.
(3)
The condition must state the infrastructure to be provided and
when it must be provided.
Part 3
666
Provisions for State
infrastructure providers
Power to impose conditions about infrastructure
(1)
(2)
A State infrastructure provider may impose a condition on a
development approval (a State-related condition) about—
(a)
infrastructure; and
(b)
works to protect or maintain infrastructure operation.
However, a State-related condition may be only about
protecting or maintaining the safety or efficiency of any or all
of the following—
(a)
existing or proposed State-owned or State-controlled
transport infrastructure;
(b)
public passenger transport or public passenger transport
infrastructure (whether or not State-owned or
State-controlled);
(c)
the safety or efficiency of railways, ports or airports
under the Transport Infrastructure Act;
Current as at 19 December 2014
Page 413
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 3 Provisions for State infrastructure providers
[s 667]
(d)
if the State infrastructure provider is the chief
executive—a matter mentioned in paragraph (a), (b) or
(c) for another State infrastructure provider.
Examples of infrastructure that might be required under a
State-related condition—
(3)
•
turning lanes or traffic signals at a site access or nearby
intersection that are to ensure road links and intersections
continue to perform at an acceptable level
•
upgraded traffic control devices at a level crossing in
response to increased traffic
•
drainage or retaining structures that are to protect transport
infrastructure from changed hydraulics or excavation
adjacent to State-owned or State-controlled transport
infrastructure
In this section—
public passenger transport means the carriage of passengers
by a public passenger service as defined under the Transport
Operations (Passenger Transport) Act 1994 using a public
passenger vehicle as defined under that Act.
public
passenger
transport
infrastructure
means
infrastructure for, or associated with, the provision of public
passenger transport.
safety or efficiency, of infrastructure mentioned in subsection
(2), means—
(a)
the safety of any of its users and of others it affects; or
(b)
the efficiency of its use.
State-owned or State-controlled, for transport infrastructure,
means transport infrastructure under the Transport
Infrastructure Act that is owned or controlled by the State.
667
Content requirements for condition
A State-related condition must state—
(a)
Page 414
the infrastructure or works to be provided, or the
contribution to be made, under it; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 3 Provisions for State infrastructure providers
[s 668]
(b)
668
Refund if State-related condition ceases
(1)
(2)
669
when the provision or contribution must take place.
This section applies if—
(a)
a State infrastructure provider imposed a State-related
condition on a development approval; and
(b)
a payment has been made under the condition; and
(c)
the development approval ceases to have effect; and
(d)
construction of the infrastructure the subject of the
condition had not substantially started before the
cessation.
The public sector entity responsible for providing the
infrastructure must refund the payer any part of the payment
not spent, or contracted to be spent, on designing or
constructing the infrastructure before being told of the
cessation.
Reimbursement by local government for replacement
infrastructure
(1)
(2)
This section applies if infrastructure provided under a
State-related condition—
(a)
has replaced, or is to replace, infrastructure for which
there has been, is or is to be a levied charge by a local
government; and
(b)
provides the same desired standard of service as the
replaced infrastructure.
The local government must—
(a)
pay the amount of the levied charge, when paid to it, to
the State infrastructure provider that imposed the
condition to—
(i)
provide the replacement infrastructure; or
Current as at 19 December 2014
Page 415
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 4 Infrastructure agreements
[s 670]
(ii) reimburse someone else who provided the
replacement infrastructure; and
(b)
Part 4
670
agree with the State infrastructure provider and the
person who provided the replacement infrastructure
about when the amount of the levied charge will be paid.
Infrastructure agreements
Infrastructure agreement
An infrastructure agreement is an agreement, as amended
from time to time, mentioned in any of the following—
671
•
section 348, to the extent the agreement is about a
condition for paying for, or providing, infrastructure
•
section 639
•
section 651(2)
•
section 655(3)
•
section 664(2)
•
section 669(2)
•
section 677.
Obligation to negotiate in good faith
(1)
(2)
Page 416
This section applies if—
(a)
a public sector entity proposes to another entity that they
enter into an infrastructure agreement; or
(b)
another entity proposes to a public sector entity that they
enter into an infrastructure agreement.
The public entity or other entity to whom the proposal is made
must in writing tell the proponent if the public entity or other
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 4 Infrastructure agreements
[s 672]
entity agrees to entering into negotiation for an infrastructure
agreement.
(3)
In negotiating an infrastructure agreement, the public sector
entity and the other entity must act in good faith.
Examples of actions that subsection (3) requires—
672
•
disclosing to the other party to the negotiation in a timely way
information relevant to entering into the proposed agreement
•
considering and responding in a timely way to the other party’s
proposals about the proposed agreement
•
giving reasons for each response
Content of infrastructure agreement
(1)
An infrastructure agreement must—
(a)
if obligations under it would be affected by a change in
the ownership of land the subject of the
agreement—include a statement about how the
obligations must be fulfilled in that event; and
(b)
if the fulfilment of obligations under it depends on
development entitlements that may be affected by a
change to a planning instrument—include a statement
about both of the following—
(i)
refunding or reimbursing amounts paid under the
agreement;
(ii) changing or cancelling the obligations if the
development entitlements are changed without the
obligee’s consent; and
(c)
(2)
include any other matter required by regulation to be
included.
To remove any doubt, it is declared that an infrastructure
agreement may include matters that are not within the
jurisdiction of a public sector entity that is a party to the
agreement.
Current as at 19 December 2014
Page 417
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 4 Infrastructure agreements
[s 673]
673
Copy of infrastructure agreement to be given to local
government
(1)
(2)
This section applies if—
(a)
a distributor-retailer or a public sector entity other than a
local government is a party to an infrastructure
agreement; and
(b)
the local government for the area to which the
agreement applies is not a party to it.
The distributor-retailer or public sector entity must give the
local government a copy of the agreement.
673A Copy of particular infrastructure agreements to be given
to distributor-retailers
(1)
(2)
674
This section applies if—
(a)
a participating local government for a distributor-retailer
is a party to an infrastructure agreement; and
(b)
the distributor-retailer is not a party to the infrastructure
agreement; and
(c)
the infrastructure agreement relates to a water approval
or an application for a water approval under the SEQ
Water Act, chapter 4C, part 2.
The local government must give the distributor-retailer a copy
of the agreement.
When infrastructure agreement binds successors in title
(1)
This section applies if the owner of land to which an
infrastructure agreement applies is a party to the agreement or
consents to the obligations under it being attached to the land.
(2)
However, subsection (1) does not apply for any of the
obligations that are to be fulfilled by a public sector entity.
Page 418
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 4 Infrastructure agreements
[s 675]
675
(3)
The obligations under the infrastructure agreement attach to
the land and bind the owner and the owner’s successors in title
of the land.
(4)
If the owner’s consent under subsection (1) is given but not
endorsed on the agreement, the owner must give a copy of the
document evidencing the owner’s consent to the local
government for the land to which the consent applies.
(5)
Despite subsection (3), subsections (6) and (7) apply if—
(a)
the infrastructure agreement states that if the land is
subdivided, part of the land is to be released from the
obligations; and
(b)
the land is subdivided.
(6)
The part is released from the obligations.
(7)
The obligations are no longer binding on the owner of the
part.
Exercise of discretion unaffected by infrastructure
agreement
An infrastructure agreement is not invalid merely because its
fulfilment depends on the exercise of a discretion by a public
sector entity about an existing or future development
application.
676
Infrastructure agreement prevails over approval and
charges notice
(1)
If an infrastructure agreement is inconsistent with a
development approval or charges notice, the agreement
prevails to the extent of the inconsistency.
(2)
However, if a State infrastructure provider (other than the
chief executive) is a party to the infrastructure agreement,
subsection (1) applies only if the chief executive has approved
the agreement.
Current as at 19 December 2014
Page 419
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 5 Miscellaneous
[s 677]
(3)
The approval of the agreement must be given by notice to all
parties to it.
(4)
In this section—
charges notice means—
677
(a)
an infrastructure charges notice; or
(b)
a notice mentioned in section 977(1).
Agreement for infrastructure partnerships
(1)
(2)
A person may enter into an agreement with a public sector
entity about—
(a)
providing or funding infrastructure; or
(b)
refunding payments made towards the cost of providing
or funding infrastructure.
Subsection (1) has effect despite parts 2 and 3 and chapter 6,
part 5, division 6.
Part 5
678
Miscellaneous
Sale of particular local government land held on trust
(1)
This section applies if a local government intends to sell land
it holds on trust in fee simple for public parks infrastructure or
local community facilities.
(2)
The local government must advertise its intention to sell the
land by placing notice of the sale in a newspaper circulating in
the local government area if—
(a)
Page 420
part or all of the land was obtained under a condition of
a development approval; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8 Infrastructure
Part 5 Miscellaneous
[s 679]
(b)
(3)
679
selling the land would not be inconsistent with a current
infrastructure agreement under which the local
government obtained the land.
The notice must state the following—
(a)
a description of the land;
(b)
the purpose for which the land is held on trust;
(c)
the reason for the proposed sale;
(d)
a reasonable period within which submissions about the
proposed sale may be made to the local government.
(4)
Before making a decision about the sale, the local government
must consider all submissions made to it within the stated
period.
(5)
The following apply if the local government complies with
this section and sells the land—
(a)
the land is sold free of the trust;
(b)
the net proceeds of the sale must be used to provide
trunk infrastructure.
Conditions about non-trunk infrastructure if no LGIP etc.
(1)
This section applies if the trunk infrastructure for a local
government is not identified because paragraphs (a), (b) and
(c) of the definition trunk infrastructure under section 627 do
not apply.
(2)
The local government may impose a condition on a
development approval for the supply of development
infrastructure for 1 or more of the purposes mentioned in
section 665(2).
(3)
The condition must state the infrastructure to be provided and
when it must be provided.
Current as at 19 December 2014
Page 421
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 1 Preliminary
[s 680A]
Chapter 8A
Provisions about urban
encroachment
Part 1
Preliminary
680A Definitions for ch 8A
In this chapter—
accepted representations see section 680R(2).
affected area see section 680O(2).
affected area notation—
(a)
for registered premises—see section 680X(1); or
(b)
for a relevant development application—see section
680Z(1).
appropriate register, for a lot or premises, means the register
the registrar keeps under an Act, in which register the lot or
premises is registered.
code of environmental compliance means a code of
environmental compliance under the Environmental
Protection Act.
information notice, for a decision, means a notice stating—
(a)
the decision and the reasons for it; and
(b)
that the person to whom the notice is given may appeal
to the court against the decision; and
(c)
how the person may appeal.
Note—
For appeals against decisions under this chapter, see section 475A.
mapped area see section 680G(2)(a).
notice means a written notice.
Page 422
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 1 Preliminary
[s 680B]
registered premises, if the registration is in force, means
premises that are registered under this chapter.
registrar means the registrar of titles under the Land Title Act
1994 or another person who, under an Act, is responsible for
keeping a register for dealings in land.
registration certificate see the Environmental Protection Act,
section 73F.
relevant development application see section 680B.
show cause notice see section 680Q(1).
show cause period see section 680Q(2)(d).
technical report see section 680G(2)(h).
680B What is a relevant development application
(1)
A relevant development application is a development
application made under this Act or repealed IPA for—
(a)
if the application is for development on land, other than
undeveloped land, in an affected area—a material
change of use of premises or reconfiguring a lot in the
affected area, other than in relation to—
(i)
a class 1a or class 1b building; or
(ii) a class 10 building or structure; or
(b)
(2)
if the application is for development on undeveloped
land in an affected area—a material change of use of
premises or reconfiguring a lot in the affected area, other
than in relation to a class 10 building or structure.
In this section—
class, for a building or structure, means its particular
classification under the BCA.
undeveloped land means any of the following land—
(a)
land in its natural state;
Current as at 19 December 2014
Page 423
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 2 Restrictions on legal proceedings
[s 680C]
(b)
land that is or was used for a following purpose and has
not been developed for urban purposes—
(i)
agriculture;
(ii) animal husbandry activities;
(iii) apiculture;
(iv) aquaculture;
(v) dairy farming;
(vi) grazing;
(vii) horticulture;
(viii) viticulture;
(c)
land on which an abattoir or tannery is or was situated
and that has not been developed for urban purposes.
680C Purpose of ch 8A and its achievement
(1)
The purpose of this chapter is to protect existing uses of
particular premises from encroachment by, and the
intensification of, other development.
(2)
The purpose is to be achieved mainly by restricting particular
civil proceedings, and criminal proceedings relating to a local
law, in connection with activities involving the emission of
aerosols, fumes, light, noise, odour, particles or smoke.
Part 2
Restrictions on legal
proceedings
680D Application of pt 2
This part applies to the following relevant development
applications—
Page 424
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 2 Restrictions on legal proceedings
[s 680E]
(a)
a relevant development application made after the
commencement of this section;
(b)
a relevant development application made before the
commencement for which a decision notice had not
been given to the applicant before the commencement;
(c)
a relevant development application for premises for
which—
(i)
a development approval has been given for the
application before the commencement; and
(ii) a certificate of classification had not been given
before the commencement.
680E Restrictions on legal proceedings
(1)
(2)
This section applies to a claim by an affected person that—
(a)
an act or omission of a person in carrying out an activity
at registered premises (a relevant act) is, was or will be
an unreasonable interference, or likely interference, with
an environmental value; and
(b)
the relevant act was, or was caused by or caused, the
emission of aerosols, fumes, light, noise, odour,
particles or smoke.
The affected person can not take a civil proceeding for
nuisance, or a criminal proceeding relating to a local law,
against any person in relation to the claim if the following
have been complied with for the relevant act—
(a)
the development approval for the registered premises;
(b)
any code of environmental compliance applying to the
relevant act.
(3)
Subsection (2) applies despite the Environmental Protection
Act or any other Act.
(4)
This section does not apply if—
(a)
either—
Current as at 19 December 2014
Page 425
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 2 Restrictions on legal proceedings
[s 680E]
(i)
a development approval for the registered premises
or a registration certificate for the carrying out of
an activity at the premises is amended (an
amended authority); or
(ii) a new development approval is given for the
premises or a new registration certificate is given
authorising the carrying out of an environmentally
relevant activity at the premises (a new authority);
and
(b)
(5)
(6)
greater emissions of aerosols, fumes, light, noise, odour,
particles or smoke at the registered premises are
authorised under the amended authority or new
authority than were authorised under the relevant
development approval or registration certificate in force
when the premises became registered premises.
Also, this section does not apply if—
(a)
a code of environmental compliance is amended (also an
amended authority) or a new code of environmental
compliance is approved or made (also a new authority);
and
(b)
an activity involving greater emissions of aerosols,
fumes, light, noise, odour, particles or smoke could be
carried out at the registered premises in compliance with
the amended or new authority than could have been
carried out in compliance with the relevant code of
environmental compliance in force when the premises
became registered premises.
In this section—
affected person—
Page 426
(a)
means the owner, occupier or lessee of premises if the
premises is the subject of a relevant development
application for a material change of use of the premises
or reconfiguring a lot on which the premises is situated;
and
(b)
includes the owner’s successors in title.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680F]
environmental value means an environmental value under the
Environmental Protection Act.
Part 3
Registration of premises
Division 1
Application for registration
680F
Who may apply
The owner of premises may apply to the Minister for
registration of the premises under this part if—
(a)
an activity carried out at the premises involves the
emission of aerosols, fumes, light, noise, odour,
particles or smoke; and
(b)
the activity is not a mining activity or a chapter 5A
activity; and
(c)
the levels of emissions of the aerosols, fumes, light,
noise, odour, particles or smoke are in compliance with
the following—
(i)
the development approval for the premises;
(ii) any code of environmental compliance applying to
the activity.
680G Requirements for application
(1)
The application must be in the approved form.
(2)
The application must be accompanied by all of the
following—
(a)
a map showing details of the area (the mapped area) for
which the premises are proposed to be registered;
Current as at 19 December 2014
Page 427
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680G]
(b)
details of any intensification of development, or
proposed development, within the mapped area, that is
encroaching, or is likely to encroach, on the premises;
(c)
details of information in the planning scheme, and any
regional plan, applying to the mapped area about the
nature of development proposed for the mapped area;
(d)
information about the significance of the activity carried
out at the premises to the economy, heritage or
infrastructure of the State, a region or the locality in
which the mapped area is situated;
(e)
details of public consultation undertaken in the mapped
area by or for the applicant about the proposed
registration, including the period for which it was
undertaken and its outcomes;
Examples of public consultation—
(f)
•
letters circulated
•
public notices published
•
meetings held to seek feedback about the proposed
registration from residents of the mapped area
details of any written complaints made to the
applicant—
(i)
within 1 year before the application is made; and
(ii) about the emission of aerosols, fumes, light, noise,
odour, particles or smoke from the activity carried
out at the premises;
Page 428
(g)
details of any action taken by or for the applicant to
mitigate the emission of aerosols, fumes, light, noise,
odour, particles or smoke from the activity carried out at
the premises;
(h)
a report (the technical report) prepared by an
appropriately qualified person and showing the levels of
emissions of aerosols, fumes, light, noise, odour,
particles or smoke from the carrying out of the activity
during normal operating hours for the premises;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680H]
(i)
if the activity is a chapter 4 activity under the
Environmental Protection Act—a copy of the
registration certificate for carrying out the activity;
(j)
any supporting information the approved form states is
mandatory supporting information for the application;
(k)
the fee prescribed under a regulation.
(3)
The map mentioned in subsection (2)(a) must include a lot on
plan description of the mapped area.
(4)
The technical report must include a certification by the person
who prepared it as to whether the levels of emissions of
aerosols, fumes, light, noise, odour, particles or smoke from
the carrying out of the activity are in compliance with the
following—
(5)
(a)
the development approval for the premises;
(b)
any code of environmental compliance applying to the
activity.
In this section—
appropriately qualified, for the preparation of the technical
report, means having the technical expertise, qualifications or
experience necessary to prepare the report.
680H Consideration of, and decision on, application
The Minister must consider the application and decide to—
680I
(a)
register the premises, with or without conditions; or
(b)
refuse to register the premises.
Criteria for registration
The Minister may decide to register the premises only if
satisfied—
(a)
the activity carried out at the premises—
Current as at 19 December 2014
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Part 3 Registration of premises
[s 680J]
(i)
is significant to the economy, heritage or
infrastructure of the State, a region or the locality
in which the mapped area is situated; and
(ii) is consistent with the nature of development
proposed for the mapped area under the planning
scheme, and any regional plan, applying to the
mapped area; and
(b)
the levels of emissions of aerosols, fumes, light, noise,
odour, particles or smoke that are shown in the technical
report for the application are in compliance with the
following—
(i)
the development approval for the premises;
(ii) any code of environmental compliance applying to
the activity; and
(c)
public consultation about the proposed registration has
been undertaken in the mapped area by or for the
applicant; and
(d)
the outcomes of the public consultation show the levels
of support for the proposed registration.
Division 2
680J
Renewal of registration
Application for renewal
(1)
The owner of registered premises may apply for renewal of
the registration.
(2)
The application must—
(3)
Page 430
(a)
be made to the Minister within 1 year before the term of
the registration ends; and
(b)
comply with section 680G(1) to (4) as applied under
subsection (3).
For subsection (2)(b)—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680K]
(a)
section 680G(2)(a) applies as if the reference to ‘the
premises are proposed to be registered’ were a reference
to ‘the registration is proposed to be renewed’; and
(b)
section 680G(2)(e) applies as if the references to
‘proposed registration’ were a reference to ‘proposed
renewal of registration’.
680K Consideration of, and decision on, application
The Minister must consider the application and decide to—
680L
(a)
renew the registration, with or without conditions; or
(b)
refuse to renew the registration.
Criteria for renewal of registration
(1)
The Minister may decide to renew the registration only if
satisfied about the matters mentioned in section 680I.
(2)
For considering the matters mentioned in that section—
(a)
the reference to ‘decide to register the premises’ is taken
to be a reference to ‘decide to renew registration of the
premises’; and
(b)
the references to ‘proposed registration’ are taken to be
references to ‘proposed renewal of registration’.
680M Registration taken to be in effect while application for
renewal is considered
Registration of the premises is taken to continue in effect from
the day that it would, apart from this section, have ended until
the application is—
(a)
decided under section 680K; or
(b)
withdrawn by the applicant; or
(c)
taken to have been withdrawn under section 680N(2).
Current as at 19 December 2014
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Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680N]
Division 3
Inquiries about applications and
notice of decisions
680N Inquiry about application
(1)
Before deciding an application under division 1 or 2, the
Minister may, by notice given to the applicant, require the
applicant to give the Minister within the reasonable period of
at least 30 business days stated in the notice further
information or a document the Minister reasonably requires to
decide the application.
(2)
The applicant is taken to have withdrawn the application if,
within the stated period, the applicant does not comply with a
requirement under subsection (1).
(3)
A notice under subsection (1) must be given to the applicant
within 30 business days after the Minister receives the
application.
680O Notice of decision on application
(1)
The Minister must, as soon as practicable after deciding the
application, give the applicant notice of the decision.
(2)
If the Minister decides to register the premises or renew
registration of the premises, the notice must include
information identifying the area (the affected area) for which
the premises are registered.
(3)
If the Minister decides to refuse to register, or renew
registration of, the premises, or impose conditions on the
registration, the notice must be an information notice.
(4)
If the Minister decides a term of registration for the premises
of more than 10 years, the notice must state the term.
Note—
Under section 680W(1), the Minister may decide a term of registration
for particular premises of at least 10 years, but not more than 25 years.
Page 432
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680P]
Division 4
Cancellation, and amendment of
conditions, of registration
Subdivision 1
Cancellation
680P Grounds for cancellation
Each of the following is a ground for cancelling the
registration of premises—
(a)
the levels of emissions of aerosols, fumes, light, noise,
odour, particles or smoke at the premises are not in
compliance with the following—
(i)
the development approval for the premises;
(ii) any code of environmental compliance applying to
activities carried out at the premises;
(b)
a condition of the registration is contravened.
680Q Show cause notice
(1)
If the Minister believes a ground exists to cancel the
registration, the Minister must give the owner of the premises
a notice under this section (a show cause notice).
(2)
The show cause notice must state the following—
(3)
(a)
the Minister proposes to cancel the registration;
(b)
the grounds for the proposed cancellation;
(c)
an outline of the facts and circumstances forming the
basis for the grounds;
(d)
that the owner may, within a stated period (the show
cause period), make written representations to the
Minister to show why the registration should not be
cancelled.
The show cause period must end at least 20 business days
after the owner is given the show cause notice.
Current as at 19 December 2014
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Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680R]
680R Representations about show cause notice
(1)
The owner may make written representations about the show
cause notice to the Minister in the show cause period.
(2)
The Minister must consider all representations (the accepted
representations) made under subsection (1).
680S Ending show cause notice without further action
If, after considering the accepted representations for the show
cause notice, the Minister no longer believes a ground exists
to cancel the registration, the Minister must—
680T
(a)
take no further action about the show cause notice; and
(b)
give the owner a notice that no further action is to be
taken about it.
Cancellation
(1)
This section applies if—
(a)
there are no accepted representations for the show cause
notice; or
(b)
after considering the accepted representations for the
show cause notice, the Minister—
(i)
still believes a ground exists to cancel the
registration; and
(ii) believes cancellation
warranted.
of
the
registration
is
(2)
The Minister may cancel the registration.
(3)
If the Minister decides to cancel the registration, the Minister
must as soon as practicable give the owner an information
notice for the decision.
(4)
The decision takes effect on the later of the following days—
Page 434
(a)
the day the information notice is given to the owner;
(b)
the day stated in the information notice for that purpose.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 3 Registration of premises
[s 680U]
Subdivision 2
Amending conditions of registration
680U Amendment of conditions
(1)
The Minister may amend the conditions of the registration of
premises on the Minister’s own initiative.
(2)
Before making an amendment under subsection (1), the
Minister must—
(a)
give notice to the owner of the premises—
(i)
of the particulars of, and reasons for, the proposed
amendment; and
(ii) that the owner may make written representations to
the Minister about the proposed amendment before
a stated day, not later than 14 business days after
the notice is given to the owner; and
(b)
consider all representations made under paragraph
(a)(ii) before the stated day.
(3)
If the Minister decides not to amend the conditions, the
Minister must give the owner notice of the decision.
(4)
If the Minister decides to amend the conditions, the Minister
must give the owner an information notice for the decision.
(5)
A decision to amend the conditions takes effect on the later of
the following days—
(a)
the day the information notice is given to the owner;
(b)
the day stated in the information notice for that purpose.
Division 5
Other matters about registration
680V Owner of premises may end registration
(1)
The owner of registered premises may, by notice given to the
Minister, end the registration.
Current as at 19 December 2014
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Part 4 Particular obligations
[s 680W]
(2)
If the owner of premises acts under subsection (1), the
registration of the premises ends on the later of the following
days—
(a)
the day the Minister receives the notice;
(b)
the day stated in the notice for that purpose.
680W Term of registration
(1)
(2)
Registration of premises is, unless sooner cancelled or ended,
for a term of—
(a)
10 years; or
(b)
if, having regard to the application for registration of
particular premises, the Minister considers a longer term
is appropriate for the premises—at least 10 years, but
not more than 25 years, decided by the Minister.
The registration starts on—
(a)
for an initial registration under division 1—the later of
the following days—
(i)
the day the owner of the premises is given notice of
the Minister’s decision under section 680O;
(ii) the day stated in the notice for that purpose; or
(b)
Part 4
for a renewed registration under division 2—the day
immediately after the day the registration would have
ended if it had not been renewed.
Particular obligations
680X Record of registration of premises in appropriate register
(1)
Page 436
The owner of registered premises must, within 20 business
days after the premises are registered, give the registrar notice,
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 4 Particular obligations
[s 680Y]
in the form approved by the registrar, asking the registrar to
keep a record (an affected area notation) that this chapter
applies to all lots within the affected area for the premises.
Maximum penalty—200 penalty units.
(2)
On receiving the notice, the registrar must keep a record so
that a search of the appropriate register will show the affected
area notation for the lots.
(3)
If—
(a)
the registration of the premises ends; and
(b)
the registrar was given a notice under subsection (1);
the owner of the premises must give the registrar notice, in the
form approved by the registrar, asking the registrar to remove
the record of the affected area notation from the register.
Maximum penalty—20 penalty units.
(4)
As soon as practicable after receiving the notice under
subsection (3), the registrar must remove the record of the
affected area notation from the register.
(5)
Also, the registrar may remove the affected area notation from
the register if the registrar is satisfied, on reasonable grounds,
the registration of the registered premises has ended.
680Y Public notice of registration, or renewal of registration, of
premises
(1)
The owner of registered premises must, within 20 business
days after the premises are registered, or registration of the
premises is renewed, publish notice in compliance with
subsection (2) about the registration or renewal in a
newspaper circulating generally in the affected area for the
premises.
Maximum penalty—50 penalty units.
(2)
The notice must—
Current as at 19 December 2014
Page 437
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Chapter 8A Provisions about urban encroachment
Part 4 Particular obligations
[s 680Z]
(3)
(4)
(a)
state the name, or a description, of the registered
premises; and
(b)
include a description of the affected area for the
premises; and
(c)
state where a member of the public can obtain the
information mentioned in subsection (3) about the
registration.
For subsection (2)(c), the information is—
(a)
a map showing details of the affected area for the
premises; and
(b)
the conditions, if any, of the registration; and
(c)
details of the type and levels of emissions of aerosols,
fumes, light, noise, odour, particles or smoke from the
carrying out of the activity for which the premises are
registered.
The owner must, while the premises are registered, keep the
information mentioned in subsection (3) reasonably available
for inspection, free of charge, by members of the public.
Maximum penalty—50 penalty units.
(5)
As soon as practicable after complying with subsection (1),
the owner of the registered premises must give the Minister
notice of the compliance.
Maximum penalty—20 penalty units.
680Z
Record of relevant development application in
appropriate register
(1)
The applicant for a relevant development application must,
within 20 business days after making the application, give the
registrar notice, in the form approved by the registrar, asking
the registrar to keep a record (an affected area notation) that
this chapter applies to the premises or lot the subject of the
application.
Maximum penalty—200 penalty units.
Page 438
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 4 Particular obligations
[s 680ZA]
(2)
On receiving the notice, the registrar must keep a record so
that a search of the appropriate register will show the affected
area notation for the premises or lot.
(3)
If—
(a)
the relevant development application is refused, or
lapses or is withdrawn before the application is decided;
and
(b)
the applicant has given the registrar a notice under
subsection (1);
the applicant must give the registrar notice, in the form
approved by the registrar, asking the registrar to remove the
record of the affected area notation from the register.
Maximum penalty—20 penalty units.
(4)
As soon as practicable after receiving the notice under
subsection (3), the registrar must remove the record of the
affected area notation from the register.
(5)
Also, the registrar may remove the affected area notation from
the register if the registrar is satisfied, on reasonable grounds,
the relevant development application has been refused, has
lapsed or was withdrawn before it was decided.
680ZA Publication of information on website
(1)
The owner of registered premises must, if there is a website
for the premises, publish on the website—
(a)
a map showing details of the affected area for the
premises; and
(b)
details of the levels of emissions of aerosols, fumes,
light, noise, odour, particles or smoke from the carrying
out of the activity for which the premises are registered.
Maximum penalty—50 penalty units.
(2)
A failure to comply with subsection (1) does not affect the
operation of section 680E.
Current as at 19 December 2014
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Chapter 8A Provisions about urban encroachment
Part 4 Particular obligations
[s 680ZB]
(3)
In this section—
website, for registered premises, means a website used by the
owner of the premises to provide public access to information
about the premises, including, for example, information about
the activities carried out at the premises.
680ZB Notice to lessee about application of ch 8A
(1)
A relevant person for premises in an affected area must,
before entering into a letting agreement for the premises with
someone else (a lessee), give to the lessee a notice stating—
(a)
the premises is in an affected area; and
(b)
that restrictions under section 680E may apply to the
lessee in relation to taking a civil proceeding or a
criminal proceeding about the emission of aerosols,
fumes, light, noise, odour, particles or smoke from
registered premises in the affected area.
Maximum penalty—30 penalty units.
(2)
In this section—
letting agreement means an agreement under which a person
gives someone else a right to occupy premises in exchange for
money or other valuable consideration.
relevant person, for premises, means the owner of the
premises or the owner’s agent.
680ZC Additional consequence of failure to give notice asking
for affected area notation for Milton rail precinct
(1)
This section applies if—
(a)
Page 440
the applicant for a relevant development application for
development in the Milton rail precinct enters into a
contract with someone else (the buyer) for the buyer to
buy the premises or lot the subject of the application, or
part of the premises; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 4 Particular obligations
[s 680ZD]
(b)
at the time of entering into the contract, an affected area
notation is not shown on the appropriate register
because the applicant has failed to comply with section
680Z(1).
(2)
The buyer may end the contract at any time before the
contract is completed by giving the applicant or applicant’s
agent a signed, dated notice of ending of the contract.
(3)
The notice must state that the contract is ended under this
section.
(4)
If the buyer ends the contract, the applicant must, within 14
days, refund to the buyer any deposit paid to the seller under
the contract.
Maximum penalty—200 penalty units.
(5)
This section applies despite anything to the contrary in the
contract.
(6)
In this section—
Milton rail precinct means the area called Milton rail precinct
shown on the map—
(a)
included as schedule 1 of the repealed Planning (Urban
Encroachment—Milton Brewery) Act 2009; and
(b)
held by the department.
Note—
Milton rail precinct is taken to be the affected area for Milton Brewery
under chapter 10, part 5, division 2.
680ZD Minister to advise local government about registration
As soon as practicable after premises are registered under this
chapter the Minister must give notice of the registration to the
local government in whose local government area the affected
area for the premises is situated.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 8A Provisions about urban encroachment
Part 5 Register of premises
[s 680ZE]
680ZE Local government to include registration in planning
scheme
(1)
(2)
If a local government receives a notice under section 680ZD,
the local government must note the registration on—
(a)
its planning scheme (if any); and
(b)
any new planning scheme it makes before the
registration ends.
The note is not an amendment of the planning scheme.
Part 5
Register of premises
680ZF Keeping register of registered premises
The chief executive must—
(a)
keep a register of all registered premises; and
(b)
publish the register on the department’s website.
680ZG Content of register
The register must contain the following particulars about each
registered premises—
Page 442
(a)
the name, or a description, of the premises;
(b)
details of the activities associated with the premises for
which a person can not, under this chapter, take a civil
proceeding or a criminal proceeding;
(c)
a map showing the affected area for the premises;
(d)
details of any conditions of the registration;
(e)
the day the registration ends.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 1 Existing uses and rights protected
[s 680ZH]
680ZH Availability of register
The chief executive must keep the register reasonably
available for inspection, free of charge, by local governments
and members of the public.
Part 6
Review of chapter 8A
680ZI Review of ch 8A
(1)
The Minister must, within 3 years after the commencement of
this chapter, carry out a review of the operation and
effectiveness of the chapter.
(2)
The Minister must, as soon as practicable after the review is
completed, cause a report on the outcome to be laid before the
Legislative Assembly.
Chapter 9
Miscellaneous
Part 1
Existing uses and rights
protected
681
Lawful uses of premises on commencement
(1)
To the extent an existing use of premises was lawful
immediately before the commencement of this Act, the use is
taken to be a lawful use under this Act on the commencement.
(2)
To remove any doubt, it is declared that subsection (1) does
not, and has never, affected or otherwise limited a requirement
under another Act to obtain an approval for the existing use.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 1 Existing uses and rights protected
[s 682]
Example of an approval—
an environmental authority under the Environmental Protection Act
682
Lawful uses of premises protected
(1)
(2)
683
Subsection (2) applies if—
(a)
immediately before the commencement of a planning
instrument or an amendment of a planning instrument,
the use of premises was a lawful use of the premises; or
(b)
immediately before an existing planning instrument
starts applying to land, the use of premises was a lawful
use of the premises.
Neither the instrument nor the amendment can—
(a)
stop the use from continuing; or
(b)
further regulate the use; or
(c)
require the use to be changed.
Lawfully constructed buildings and works protected
To the extent a building or other work has been lawfully
constructed or effected, neither a planning instrument nor an
amendment of a planning instrument can require the building
or work to be altered or removed.
684
New planning instruments can not affect existing
development approvals or compliance permits
(1)
Page 444
This section applies if—
(a)
a development approval or compliance permit exists for
premises; and
(b)
after the approval or permit is given, a new planning
instrument or an amendment of a planning instrument
commences.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 1 Existing uses and rights protected
[s 685]
(2)
685
To the extent the approval or permit has not lapsed, neither the
planning instrument nor the amendment can stop or further
regulate the development, or otherwise affect the approval or
permit.
Implied and uncommenced right to use premises
protected
(1)
Subsection (2) applies if—
(a)
a development approval comes into effect for a
development application; and
(b)
when the application was properly made, a material
change of use, for a use implied by the application, was
self-assessable development or exempt development;
and
(c)
after the application was properly made, but before the
use started, a new planning instrument, or an
amendment of a planning instrument—
(i)
declared the material change of use to be
assessable development or development requiring
compliance assessment; or
(ii) changed an applicable code for the material change
of use.
(2)
The use is taken to be a lawful use in existence immediately
before the commencement of the new planning instrument or
amendment if—
(a)
the development, the subject of the approval, is
completed within the time stated for completion of the
development in—
(i)
a permit; or
(ii) this Act; and
(b)
(3)
the use of the premises starts within 5 years after the
completion.
Subsection (4) applies if—
Current as at 19 December 2014
Page 445
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 1 Existing uses and rights protected
[s 686]
(a)
a compliance permit comes into effect for development;
and
(b)
when the request for compliance assessment of the
development was made, a material change of use, for a
use implied by the development, was self-assessable
development or exempt development; and
(c)
after the request was made, but before the use started, a
new planning instrument, or an amendment of a
planning instrument—
(i)
declared the material change of use to be
assessable development or development requiring
compliance assessment; or
(ii) changed an applicable code for the material change
of use.
(4)
686
The use is taken to be a lawful use in existence immediately
before the commencement of the new planning instrument or
amendment if the use of the premises starts within 5 years
after the compliance permit is given.
State forests
For this Act, each of the following is taken to be an existing
lawful use of a State forest—
Page 446
(a)
conservation;
(b)
planting trees, or managing, felling and removing
standing trees, for an ongoing forestry business in a
plantation or native forest;
(c)
grazing;
(d)
recreation.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 687]
687
Particular development may still be assessable or
self-assessable development or development requiring
compliance assessment
Nothing in this part stops development in relation to a lawful
use being prescribed under a regulation under section 232(1)
as self-assessable development, development requiring
compliance assessment or assessable development if the
development begins after it is so prescribed.
Part 2
Environmental impact
statements
Division 1
Preliminary
688
When EIS process applies
This part applies for development prescribed under a
regulation, if the development—
689
(a)
is or is proposed to be the subject of a development
application; or
(b)
is for community infrastructure intended to be carried
out on land proposed to be designated for the
infrastructure.
Purpose of EIS process
The purpose of the EIS process is as follows—
(a)
to assess—
(i)
the potential adverse and beneficial environmental,
economic and social impacts of the development;
and
Current as at 19 December 2014
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Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 689]
(ii) management, monitoring, planning and other
measures proposed to minimise any adverse
environmental impacts of the development;
(b)
if practicable, to consider feasible alternative ways to
carry out the development;
(c)
to give enough information about the matters mentioned
in paragraphs (a) and (b) to the proponent,
Commonwealth and State authorities and the public;
(d)
to prepare or propose an environmental management
plan for the development;
(e)
for development under section 688(a)—to help the
assessment manager and any concurrence agencies to
make an informed decision about the development
application;
(f)
for development under section 688(b)—to help the
designator to make an informed decision about—
(i)
whether or not to proceed with a proposed
designation; and
(ii) if the designation proceeds—the requirements
included in the designation;
Note—
See section 202 (What designations may include).
(g)
to meet any assessment requirements under—
(i)
the Commonwealth Environment Act for
development that is, or includes, a controlled
action under that Act; or
(ii) a bilateral agreement;
(h)
to allow the State to meet its obligations, if any, under a
bilateral agreement.
Notes—
1
Page 448
For controlled actions under the Commonwealth Environment Act,
see section 67 (What is a controlled action?) of that Act.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 690]
2
For assessment requirements of controlled actions, see chapter 4,
part 8 (Assessing impacts of controlled actions) of that Act.
3
For bilateral agreements, see chapter 3 (Bilateral agreements) of
that Act.
Division 2
690
691
EIS process
Applying for terms of reference
(1)
A proponent of development to which this part applies must
apply to the chief executive for terms of reference for an EIS
for the development.
(2)
The application must be made in the approved form and be
accompanied by the fee prescribed under a regulation for
administering the terms of reference.
(3)
If an applicant proposes to make 1 or more applications for
preliminary approval for the development, the EIS must be
prepared for the first of the applications.
(4)
Despite subsection (3), if the chief executive agrees that the
EIS can be prepared for a stated later application, the EIS
must be prepared for that application.
Draft terms of reference for EIS
(1)
(2)
Subsection (2) applies—
(a)
after the chief executive receives the application; and
(b)
if the chief executive, having regard to criteria
prescribed under a regulation, is satisfied draft terms of
reference for the EIS should be publicly notified; and
(c)
after the chief executive consults the relevant entities
mentioned in section 700(b), (c) and (d).
The chief executive must prepare draft terms of reference that
allow the purposes of the EIS to be achieved for the
development.
Current as at 19 December 2014
Page 449
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 691]
(3)
The chief executive must publish a notice stating each of the
following—
(a)
a description of the development and of the land on
which the development is proposed to be carried out;
(b)
that the chief executive has prepared draft terms of
reference for the EIS;
(c)
where a copy of the draft terms of reference may be
inspected and, on payment of a reasonable fee,
purchased;
(d)
that anyone may make written comments to the chief
executive about the draft terms of reference;
(e)
the day by which comments must be made (the last day
for making comments) and the address for making
comments;
(f)
another matter prescribed under a regulation.
(4)
The notice must be published at least once in the way
prescribed under a regulation.
(5)
The last day for making comments must not be earlier than 15
business days after the notice is published.
(6)
The fee mentioned in subsection (3)(c) must not be more than
the actual cost of producing the copy.
(7)
The chief executive must, until the last day for making
comments, keep—
(a)
a copy of the draft terms of reference available for
inspection and purchase; and
(b)
brief details about the draft terms of reference available
on the department’s website.
(8)
Until the last day for making comments, any person may
make written comments to the chief executive about the draft
terms of reference.
(9)
Also, the chief executive must give a copy of the notice and
the draft terms of reference to—
Page 450
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 692]
(10)
692
(a)
each local government whose local government area the
chief executive is satisfied the draft terms of reference
relate to; and
(b)
for development that is, or is proposed to be, the subject
of a development application—each entity that is, or
would be, a referral agency.
A local government receiving a copy of the draft terms of
reference must make the copy available for inspection and
purchase until the last day for making comments.
Terms of reference for EIS
(1)
The chief executive must—
(a)
if the chief executive has acted under section
691—finalise the terms of reference and give them to
the proponent within 10 business days after the end of
the period for making comments; or
(b)
if the chief executive has not prepared draft terms of
reference—
(i)
prepare draft terms of reference the chief executive
is satisfied will allow the purposes of the EIS to be
achieved for the development; and
(ii) give them to the proponent within 20 business days
after the chief executive receives the application.
(2)
For subsection (1)(a), the chief executive must take account of
any comments received on or before the last day for making
comments.
(3)
The chief executive may extend the period for preparing or
finalising the terms of reference if the chief executive gives
the proponent notice of the extension before the period ends.
(4)
The notice must state a new day by which the chief executive
must give the proponent the terms of reference.
Current as at 19 December 2014
Page 451
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 693]
(5)
The chief executive must, within 5 business days after the
chief executive gave a copy of the terms of reference to the
proponent, also give a copy of the terms of reference to—
(a)
to the extent the development for which the terms of
reference have been prepared is, or is proposed to be, the
subject of a development application—
(i)
the assessment manager and all referral agencies;
or
(ii) the entities that would be the assessment manager
and all referral agencies for a development
application for the development, if an application
is made; and
(b)
693
to the extent the development for which the terms of
reference have been prepared is for community
infrastructure intended to be carried out on land
proposed to be designated for the infrastructure—the
entity who would be the designator under chapter 5.
Preparation of draft EIS
(1)
The proponent must prepare a draft EIS and give it to the chief
executive together with the fee prescribed under a regulation
for administering the remaining EIS process.
(2)
If the chief executive is satisfied the draft EIS addresses the
terms of reference and includes any matters prescribed under
a regulation for inclusion in the draft EIS, the chief executive
must give the proponent a written notice to that effect.
694
Public notification of draft EIS
(1)
After the proponent has received notice under section 693(2),
the proponent must—
(a)
Page 452
publish a notice stating each of the following—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 694]
(i)
a description of the development and of the land on
which the development is proposed to be carried
out;
(ii) where a copy of the draft EIS and any associated
documents decided by the chief executive may be
inspected and, on payment of a reasonable fee,
purchased;
(iii) that anyone may make written submissions to the
chief executive about the draft EIS;
(iv) the day by which submissions must be made (the
last day for making submissions) and the address
for making a submission;
(v) another matter prescribed under a regulation; and
(b)
to the extent the development for which the EIS has
been prepared is, or is proposed to be, the subject of a
development application, give a copy of the draft EIS
to—
(i)
the assessment manager and all referral agencies;
or
(ii) the entities that would be the assessment manager
and all referral agencies for a development
application for the development, if an application
is made; and
(c)
to the extent the development for which the EIS has
been prepared is for community infrastructure intended
to be carried out on land proposed to be designated for
the infrastructure, give a copy of the draft EIS to the
entity who would be the designator under chapter 5.
(2)
The notice must be published at least once in the way
prescribed under a regulation.
(3)
The last day for making submissions must not be earlier than
30 business days after the notice is published.
(4)
The fee mentioned in subsection (1)(a)(ii) must not be more
than the actual cost of producing the copy.
Current as at 19 December 2014
Page 453
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 695]
(5)
The chief executive must, until the last day for making
submissions, keep—
(a)
a copy of the draft EIS and any associated documents
decided by the chief executive available for inspection
and purchase; and
(b)
brief details about the draft EIS available on the
department’s website.
(6)
The chief executive must give a copy of the notice and the
draft EIS to each local government whose local government
area the chief executive is satisfied the EIS relates.
(7)
A local government receiving a copy of the draft EIS must
make the copy available for inspection and purchase until the
last day for making submissions.
695
Making submissions on draft EIS
(1)
Until the last day for making submissions—
(a)
any person may make a submission to the chief
executive about the draft EIS; and
(b)
the chief executive must accept properly made
submissions about the draft EIS.
(2)
However, the chief executive may accept a submission even if
the submission is not a properly made submission.
(3)
If the chief executive accepts a submission, the person who
made the submission may, by notice given to the chief
executive—
Page 454
(a)
until the last day for making submissions—amend the
submission; or
(b)
at any time before the chief executive gives the EIS to
the assessment manager—withdraw the submission.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 696]
696
Chief executive evaluates draft EIS, submissions and
other relevant material
(1)
(2)
697
The chief executive must, after the last day for making
submissions and consulting the relevant entities mentioned in
section 700(b) and (c), consider each of the following—
(a)
the draft EIS;
(b)
all properly made submissions;
(c)
other submissions accepted by the chief executive about
the draft EIS;
(d)
any other material the chief executive considers is
relevant to the draft EIS.
After considering the matters mentioned in subsection (1), the
chief executive must give the proponent a notice—
(a)
asking the proponent to change the draft EIS in a way
stated in the notice; or
(b)
stating the chief executive has accepted the draft EIS as
the EIS for the development.
(3)
The chief executive’s action under subsection (2) must be
based on the chief executive’s considerations under subsection
(1).
(4)
If the chief executive asks the proponent to change the draft
EIS, the chief executive must, when the chief executive is
satisfied with the changed draft EIS, give the proponent a
notice stating the chief executive has accepted the changed
draft as the EIS for the development.
EIS assessment report
The chief executive must prepare a report (an EIS assessment
report) about the EIS within 30 business days after the chief
executive gave the proponent the notice under section
696(2)(b).
Current as at 19 December 2014
Page 455
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 698]
698
Criteria for preparing report
In preparing the EIS assessment report, the chief executive
must consider each of the following—
699
(a)
the terms of reference for the EIS;
(b)
the EIS;
(c)
all properly made submissions and any
submissions accepted by the chief executive;
(d)
any other material the chief executive considers is
relevant to preparing the report.
other
Required content of report
The EIS assessment report must—
700
(a)
address the adequacy of the EIS in addressing the terms
of reference; and
(b)
address the adequacy of any environmental management
plan for the development; and
(c)
make recommendations about the suitability of the
development; and
(d)
recommend any conditions on which any approval
required for the development may be given; and
(e)
contain any other matter prescribed under a regulation.
Who the chief executive must give EIS and other material
to
The chief executive must, within 5 business days after the
chief executive completes the EIS assessment report, give the
EIS, copies of all properly made submissions, copies of
submissions the chief executive has accepted and the EIS
assessment report to—
(a)
Page 456
the proponent; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 701]
(b)
to the extent the development for which the EIS has
been prepared is, or is proposed to be, the subject of a
development application—
(i)
the assessment manager and all referral agencies;
or
(ii) the entities that would be the assessment manager
and all referral agencies for a development
application for the development, if an application
is made; and
(c)
to the extent the development for which the EIS has
been prepared is for community infrastructure intended
to be carried out on land proposed to be designated for
the infrastructure—the entity who would be the
designator under chapter 5; and
(d)
another entity prescribed under a regulation.
Division 3
701
How EIS process affects IDAS
How IDAS applies for development the subject of an EIS
(1)
Subsection (2) applies to a development application to the
extent the development is the subject of the EIS.
(2)
For the application—
(a)
the EIS and the EIS assessment report are part of the
supporting material; and
(b)
sections 276 to 281 and the notification stage do not
apply; and
(c)
for development requiring impact assessment—a
properly made submission about the draft EIS is taken
to be a properly made submission about the application;
and
(d)
if there is a referral agency—the referral agency’s
assessment period does not start unless the chief
Current as at 19 December 2014
Page 457
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 2 Environmental impact statements
[s 702]
executive gives the referral agency the material under
section 700; and
(3)
(4)
(e)
if there is no referral agency—the decision stage does
not start unless the chief executive gives the assessment
manager the material under section 700; and
(f)
if the application is changed in a way that the
development is substantially different—the EIS process
starts again for the development.
If the application has not been made, subsection (2) applies
only to the extent—
(a)
the application is made within 3 months after the chief
executive gives the applicant all of the material as
required under section 700; and
(b)
the development is substantially the same as the
development to which the EIS relates.
The chief executive may extend the time mentioned in
subsection (3)(a) at any time before the period ends.
Division 4
702
How EIS process affects
designation
Matters a designator must consider
(1)
Subsection (2) applies to the extent the development, the
subject of the EIS, is development for community
infrastructure intended to be carried out on land proposed to
be designated for the infrastructure.
(2)
In fulfilling the designator’s functions under sections 4(1)(a)
and 5(1), the designator must have regard to the EIS and the
EIS assessment report.
Page 458
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 703]
Part 3
703
Compensation
Definitions for pt 3
In this part—
change, for an interest in land, means a change to the
planning scheme or any planning scheme policy affecting the
land.
owner, of an interest in land, means an owner of the interest at
the time a change relating to the interest is made.
704
Compensation for reduced value of interest in land
(1)
An owner of an interest in land is entitled to be paid
reasonable compensation by a local government if—
(a)
a change reduces the value of the interest; and
(b)
a request is made to a local government under chapter 3,
part 2, division 5—
(i)
to apply a superseded planning scheme to the
carrying out of assessable development; or
(ii) to assess and decide a proposed development
application under a superseded planning scheme;
or
(iii) to—
(c)
(A)
accept a request for compliance assessment
of development that is assessable
development and was development requiring
compliance assessment under a superseded
planning scheme; and
(B)
assess and decide the request under the
superseded planning scheme; and
the local government decides to refuse the request; and
Current as at 19 December 2014
Page 459
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 704]
(d)
a development application for a development permit has
been made for the development for which the request
was made; and
(e)
the application is assessed having regard to the planning
scheme and planning scheme policies in effect when the
application was made; and
(f)
the assessment manager, or, on appeal, the court or
building and development committee—
(i)
refuses the application; or
(ii) approves the application in part or subject to
conditions or both in part and subject to conditions.
(2)
Also, an owner of an interest in land is entitled to be paid
reasonable compensation by a local government if—
(a)
a change reduces the value of the interest; and
(b)
a request is made to a local government under chapter 3,
part 2, division 5—
(i)
to apply a superseded planning scheme to the
carrying out of development requiring compliance
assessment; or
(ii) to assess and decide a proposed request for
compliance assessment under a superseded
planning scheme; and
Page 460
(c)
the local government decides to refuse the request
mentioned in paragraph (b); and
(d)
a request for compliance assessment has been made for
the development for which the request mentioned in
paragraph (b) was made; and
(e)
the request for compliance assessment is assessed
having regard to the planning scheme and planning
scheme policies in effect when the request was made;
and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 705]
(f)
(3)
the compliance assessor, or, on appeal, the court or
building and development committee approves the
application subject to conditions.
In addition, an owner of an interest in land is entitled to be
paid reasonable compensation by a local government if—
(a)
a change reduces the value of the interest; and
(b)
a request is made to a local government under chapter 3,
part 2, division 5—
(i)
to apply a superseded planning scheme to the
carrying out of prohibited development; or
(ii) to accept, assess and decide a proposed
development application or to accept, assess and
decide a proposed request for compliance
assessment for prohibited development under a
superseded planning scheme; and
(c)
705
the local government decides to refuse the request.
Compensation for interest in land being changed to
public purpose
An owner of an interest in land is entitled to be paid
reasonable compensation by a local government if because of
a change the only purpose for which the land could be used,
other than the purpose for which it was lawfully being used
when the change was made, is for a public purpose.
706
Limitations on compensation under ss 704 and 705
(1)
Despite sections 704 and 705, compensation is not payable if
the change—
(a)
has the same effect as another statutory instrument,
other than a temporary local planning instrument, in
relation to which compensation is not payable; or
(b)
is made to include a mandatory part of the standard
planning scheme provisions; or
Current as at 19 December 2014
Page 461
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 706]
(c)
is made to include a part of the standard planning
scheme provisions (the standard part) and the effect of
the part is substantially similar to the part of the
planning scheme or planning scheme policy replaced by
the standard part; or
(d)
is about the relationships between, the location of, or the
physical characteristics of buildings, works or lots, but
the yield achievable is substantially the same as it would
have been before the change; or
(e)
is about a designation made under chapter 5; or
(f)
is about the matters comprising a priority infrastructure
plan; or
(g)
is about the matters comprising a planning scheme
policy to which section 847 applies; or
(h)
removes or changes an item of infrastructure shown in
the scheme; or
(i)
affects development that, had it happened under the
superseded planning scheme—
(i)
would have led to significant risk to persons or
property from natural processes (including
flooding, land slippage or erosion) and the risk
could not have been significantly reduced by
conditions attached to a development approval; or
(ii) would have caused serious environmental harm
and the harm could not have been significantly
reduced by conditions attached to a development
approval.
(2)
Page 462
For subsection (1)(d), yield for residential building work is
substantially the same if—
(a)
the proposed residential building has a gross floor area
of not more than 2000m2; and
(b)
the gross floor area of the proposed residential building
is reduced by not more than 15%.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 706]
(3)
Also, compensation is not payable—
(a)
for a matter under this part if compensation has already
been paid for the matter to a previous owner of the
interest in land; or
(b)
for anything done in contravention of this Act; or
(c)
if infrastructure shown in a planning scheme is not
supplied, or supplied to a different standard, or supplied
at a different time than the time stated in the planning
scheme.
(4)
If a matter for which compensation is payable under this part
is also a matter for which compensation is payable under
another Act, the claim for the compensation must be made
under the other Act.
(5)
In this section—
gross floor area means the sum of the floor areas (inclusive of
all walls, columns and balconies, whether roofed or not) of all
stories of every building located on a site, excluding the areas
(if any) used for building services, a ground floor public
lobby, a public mall in a shopping centre, and areas associated
with the parking, loading and manoeuvring of motor vehicles.
mandatory part, of the standard planning scheme provisions,
means a part of the provisions that the provisions state—
(a)
must be included in a local planning instrument; and
(b)
a local government does not have a discretion to include
an alternative part of the provisions in its planning
scheme or a planning scheme policy.
Example—
The standard planning scheme provisions might state that all planning
schemes must include a particular car parking code set out in the
provisions. If, under the provisions, there is no alternative to including
this particular car parking code, the code is a mandatory part of the
standard planning scheme provisions.
Current as at 19 December 2014
Page 463
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 707]
yield means—
707
(a)
for buildings and works—the gross floor area, or density
of buildings or persons, or plot ratio, achievable for
premises; and
(b)
for reconfiguring a lot—the number of lots in a given
area of land.
Compensation for erroneous planning and development
certificates
If a person suffers financial loss because of an error or
omission in a planning and development certificate, the
person is entitled to be paid reasonable compensation by the
local government.
708
Time limits for claiming compensation
A claim for compensation under this part must be given to the
local government—
Page 464
(a)
if the entitlement to claim the compensation is under
section 704(1)—within 6 months after the day the
application mentioned in section 704(1)(d) is refused or
approved in part, or subject to conditions or approved
both in part and subject to conditions; or
(b)
if the entitlement to claim the compensation is under
section 704(2)—within 6 months after the day the
request for compliance assessment mentioned in section
704(2)(d) is approved subject to conditions; or
(c)
if the entitlement to claim the compensation is under
section 704(3)—within 6 months after the day the
request mentioned in section 704(3)(b) is refused; or
(d)
if the entitlement to claim the compensation is under
section 705—within 2 years after the day the change
came into effect; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 709]
(e)
709
710
if the entitlement to claim the compensation is under
section 707—at any time after the day the certificate is
given.
Time limits for deciding and advising on claims
(1)
The local government must decide each claim for
compensation within 60 business days after the day the claim
is made.
(2)
The chief executive officer of the local government must,
within 10 business days after the day the claim is decided—
(a)
give the claimant written notice of the decision; and
(b)
if the decision is to pay compensation—notify the
amount of the compensation to be paid; and
(c)
advise the claimant that the decision, including any
amount of compensation payable, may be appealed.
Deciding claims for compensation
(1)
(2)
In deciding a claim for compensation under this part, the local
government must—
(a)
grant all of the claim; or
(b)
grant part of the claim and reject the rest of the claim; or
(c)
refuse all of the claim.
However, if the entitlement to claim the compensation is
under section 705, the local government may decide the claim
by—
(a)
giving a notice of intention to resume the interest in the
land under the Acquisition Act, section 7; or
(b)
in addition to making a decision under subsection (1)(b)
or (c)—decide to amend the planning scheme so that use
of the land for the purposes the land could have been
used for under the superseded planning scheme would
Current as at 19 December 2014
Page 465
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 711]
be consistent with the new or amended planning scheme
or planning scheme policy.
711
Calculating reasonable compensation involving changes
(1)
For compensation payable because of a change mentioned in
section 704 or 705, reasonable compensation is the difference
between the market values, appropriately adjusted having
regard to the following matters, to the extent they are
relevant—
(a)
any limitations or conditions that may reasonably have
applied to the development of the land if the land had
been developed under the superseded planning scheme;
(b)
any benefit accruing to the land from the change,
including but not limited to the likelihood of improved
amenity in the locality of the land;
(c)
if the owner has an interest in land adjacent to the land,
any benefit accruing to the adjacent land because of—
(i)
the coming into effect of the change or any other
change made before the claim for compensation
was made; or
(ii) the construction of, or improvement to,
infrastructure on the adjacent land under the
planning scheme or planning scheme policy, other
than infrastructure funded by the owner, before the
claim for compensation was made;
Page 466
(d)
the effect of any other changes to the planning scheme
or planning scheme policy made since the change, but
before the request under chapter 3, part 2, division 5 was
made;
(e)
if the request under chapter 3, part 2, division 5 was
refused and a development application, made for the
development for which the request was made, is
approved in part or subject to conditions—the effect of
the approval on the value of the land;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 3 Compensation
[s 712]
(f)
if the request under chapter 3, part 2, division 5 was
refused and a request for compliance assessment, made
for the development for which the request was made, is
approved subject to conditions—the effect of the
approval on the value of the land.
(2)
Despite subsection (1), if the land for which compensation is
claimed has, since the day of the change, become or ceased to
be separate from other land, the amount of reasonable
compensation must not be increased because the land has
become, or ceased to be, separate from other land.
(3)
In this section—
difference between the market values is the difference
between the market value of the interest in land immediately
before the change came into effect, disregarding any
temporary local planning instrument, and the market value of
the interest immediately after the change came into effect.
712
When compensation is payable
If compensation is payable under this part, the compensation
must be paid within 30 business days after the last day an
appeal could be made against the local government’s decision
about the payment of compensation, or if an appeal is made,
within 30 business days after the day the appeal is decided or
withdrawn.
713
Payment of compensation to be recorded on title
(1)
The chief executive officer of the local government must give
the registrar of titles written notice of the payment of
compensation under section 704.
(2)
The notice must be in the form approved by the registrar.
(3)
The registrar must keep the information stated in the notice as
information under the Land Title Act 1994, section 34.
Current as at 19 December 2014
Page 467
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 4 Power to purchase, take or enter land for planning purposes
[s 714]
Part 4
714
Power to purchase, take or
enter land for planning
purposes
Local government may take or purchase land
(1)
This section applies if—
(a)
a local government is satisfied the taking of land would
help to achieve the strategic outcomes stated in its
planning scheme; or
(b)
at any time after a development approval or compliance
permit has taken effect, the local government is
satisfied—
(i)
the development the subject of the development
approval or compliance permit would create a need
to construct infrastructure on land or carry
drainage over land; and
(ii) the applicant for the development approval or the
person who made the request for compliance
assessment has taken reasonable measures to
obtain the agreement of the owner of the land to
actions that would facilitate the construction of the
infrastructure or the carriage of the drainage, but
has not been able to obtain the agreement; and
(iii) the action is necessary to allow the development to
proceed.
(2)
If the local government satisfies itself of a matter in
subsection (1) and the Governor in Council approves of the
taking of the land, the local government is taken to be a
constructing authority under the Acquisition Act and under
that Act may take the land.
(3)
If the local government satisfies itself of the matters in
subsection (1)(b), it is immaterial that the applicant or person
who requested compliance assessment may also derive any
measurable benefit from the resumption action.
Page 468
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 4 Power to purchase, take or enter land for planning purposes
[s 715]
(4)
715
To avoid any doubt, it is declared that the local government’s
power under this section to purchase or take land as a
constructing authority under the Acquisition Act includes the
ability to purchase or take an easement under section 6 of that
Act.
Power of assessment manager or other entity to enter
land in particular circumstances
(1)
(2)
An assessment manager or its agent, or a relevant entity for a
request for compliance assessment or its agent, may enter land
at all reasonable times to undertake works if the assessment
manager or entity is satisfied—
(a)
implementing a development approval or compliance
permit would require the undertaking of works on land
other than the land the subject of the approval or permit;
and
(b)
the applicant or person who requested compliance
assessment has taken reasonable steps to obtain the
agreement of the owner of the land to enable the works
to proceed, but has not been able to obtain the
agreement; and
(c)
the action is necessary to implement the development
approval or compliance permit.
In this section—
relevant entity, for a request for compliance assessment,
means—
(a)
if the compliance assessor for the request is a State
entity or a local government—the entity or local
government; or
(b)
if the compliance assessor for the request is a nominated
entity of a local government—the local government; or
(c)
if the compliance assessor for the request is a nominated
entity of a public sector entity—the public sector entity.
Current as at 19 December 2014
Page 469
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 5 Public housing
[s 716]
716
Compensation for loss or damage
(1)
Any person who incurs loss or damage because of the
exercise, by an assessment manager or other entity, of powers
under section 715 is entitled to be paid reasonable
compensation by the assessment manager or entity.
(2)
A claim for the compensation must be made—
(a)
to the assessment manager or entity in the approved
form; and
(b)
within 2 years after the entitlement to compensation
arose.
(3)
The assessment manager or entity must decide the claim
within 40 business days after the claim is made.
(4)
If the assessment manager or entity decides to pay
compensation, the payment must be made within 10 business
days after making the decision.
(5)
The assessment manager or entity may recover from the
applicant or person who requested compliance assessment the
amount of any compensation for loss or damage paid under
this part that is not attributable to the assessment manager’s or
entity’s negligence.
Part 5
717
Public housing
Application of pt 5
This part applies to development for public housing.
718
Definition for pt 5
In this part—
chief executive means the chief executive of the department
in which the Housing Act 2003 is administered.
Page 470
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 5 Public housing
[s 719]
719
How IDAS applies to development under pt 5
Development to which this part applies is exempt
development, to the extent the development is self-assessable
development, development requiring compliance assessment
or assessable development under a planning scheme or a
temporary local planning instrument.
720
How charges for infrastructure apply for development
under pt 5
If the State, or a statutory body representing the State,
proposes or starts development under this part, the State or
body is not required to pay any charge for infrastructure under
chapter 8, parts 2 and 3 for the development.
721
Chief executive must publicly notify particular proposed
development
(1)
This section applies to development for public housing the
chief executive considers is substantially inconsistent with the
planning scheme.
(2)
Before starting the development, the chief executive must—
(a)
give the local government information, including the
plans or specifications, about the proposed
development; and
(b)
publicly notify the proposed development.
(3)
The public notification must be carried out in the same way
public notification of a development application is carried out
under sections 297 to 299.
(4)
Even though the public notification is to be carried out in the
same way as public notification under sections 297 to 299, the
form of the notice to be used for the public notification under
this section is the form approved by the chief executive.
(5)
The chief executive must have regard to any submissions
received following the public notification before deciding
whether or not to proceed with the proposed development.
Current as at 19 December 2014
Page 471
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 722]
722
Chief executive must advise local government about all
development
(1)
This section applies to development to which section 721 does
not apply.
(2)
Before the development starts, the chief executive must give
the local government information, including the plans or
specifications, about the proposed development.
Part 6
Public access to planning and
development information
Division 1
Preliminary
723
Meaning of available for inspection and purchase
(1)
Page 472
A document mentioned in this Act as being available for
inspection and purchase is available for inspection and
purchase if the document or a certified copy of the document
is—
(a)
for a document held by a local government—held in the
local government’s office and any other place decided
by the local government; and
(b)
for a document held by an assessment manager—held in
the assessment manager’s office and any other place
decided by the assessment manager; and
(c)
for a document held by a referral agency—held in the
referral agency’s office and any other place decided by
the referral agency; and
(d)
for a document held by a compliance assessor—held in
the compliance assessor’s office and any other place
decided by the compliance assessor; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 723]
(e)
(2)
for a document held by the chief executive—held in the
department’s State office and any other place the chief
executive approves.
If a document is available for inspection and purchase, a
person may—
(a)
inspect the document free of charge at any time the
office in which the document is held is open for
business; and
(b)
obtain a copy of the document, or part of the document,
from the entity required to keep the document available
for inspection.
Note—
The Copyright Act 1968 (Cwlth) overrides this Act and may
limit the copying of material subject to copyright.
(3)
An entity required to keep a document available for inspection
and purchase may charge a person for supplying a copy of the
document, or part of the document.
(4)
The charge must not be more than the cost to the entity of—
(a)
making the copy available to the person; and
(b)
if the person asks for the material to be posted—the
postage.
Current as at 19 December 2014
Page 473
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 724]
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
(1)
A local government must keep available for inspection and
purchase the original or the designated type of copy of each of
the following—
(a)
its current planning scheme, including a consolidated
planning scheme;
(ab) if the local government’s planning scheme includes an
LGIP—all supporting material used to draft the LGIP;
(b)
each amendment of the planning scheme;
(c)
if the guideline mentioned in section 117(1) requires
public notification of an amendment proposed to be
made to the planning scheme—each proposed
amendment;
(d)
any current temporary local planning instrument for its
area;
(e)
each current planning scheme policy for its area;
(f)
each superseded local planning instrument for its area;
(g)
each study, report or explanatory statement prepared in
relation to the preparation of each of the following for
its area—
(i)
a local planning instrument;
(ii) an LGIP;
(h)
Page 474
for each local government in the relevant area for a State
planning regulatory provision—the provision;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 724]
(i)
for a local government in a designated region—the
region’s regional plan;
(j)
each current State planning policy applying to its area;
(k)
the standard planning scheme provisions;
(l)
any terms of reference for a regional planning
committee of which the local government is a member,
or on which the local government has elected not to be
represented;
(m) each report of a regional planning committee given to
the local government since the planning scheme
immediately preceding its current planning scheme was
made;
(n)
any written direction of the Minister given to the local
government to—
(i)
make or amend a planning scheme; and
(ii) make or repeal a temporary local planning
instrument; and
(iii) make, amend or repeal a planning scheme policy;
(o)
each notice about the designation of land given to the
local government by a Minister;
(p)
each document mentioned in the local government’s
LGIP, if any, that was used to prepare it;
(q)
each charges resolution of the local government;
(r)
a register (the infrastructure charges register) of all
infrastructure charges the local government levies;
(u)
each infrastructure agreement to which the local
government is a party, or has been given to the local
government under section 673;
(v)
each show cause notice and enforcement notice given by
the local government under this Act or the Building Act;
(w) each enforcement notice or show cause notice a copy of
which was given to the local government under this Act
Current as at 19 December 2014
Page 475
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 724]
or the Building Act by an assessing authority or private
certifier;
(x)
each enforcement order made by the court on the
application of the local government;
(y)
planning scheme maps for the designation, under the
Building Act, of bush fire prone areas for the BCA;
(z)
its register of resolutions about land liable to flooding,
made under the Building Act;
(za) its register of exemptions granted under the Building
Act, chapter 8;
(zb) each record that it must keep under the Building Act,
section 230;
(zc) all development information it has about building
development applications, other than information that
may be purchased from the registrar of titles;
(zd) its register mentioned in the Building Act, section 251.
(2)
The documents mentioned in subsection (1) may be contained
in hard copy or electronic form in 1 or more registers kept for
the purpose.
(3)
The infrastructure charges register must, for each charge
levied, include each of the following—
Page 476
(a)
the real property description of the land to which the
charge applies;
(b)
the resolution under which the charge was levied;
(c)
the amount of the charge levied;
(d)
the amount of the charge unpaid;
(e)
if relevant, the number of units of demand charged for;
(f)
if the charge was levied as a result of a development
approval or compliance permit—the approval or permit
reference number and the day the approval or permit
will lapse;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 724]
(g)
(5)
if infrastructure was to be provided instead of paying the
charge—details of any infrastructure still to be provided.
Despite subsection (1), the obligation under that subsection
does not apply to the extent the local government is
reasonably satisfied a document mentioned in subsection
(1)(y) to (zd) contains—
(a)
sensitive security information; or
(b)
information of a purely private nature about an
individual, including, for example, someone’s
residential address.
(6)
Also, the obligation under subsection (1)(zc) only applies if
the person seeking the information applies for it in the
approved form.
(7)
An amendment mentioned in subsection (1)(c) must be kept
available for inspection and purchase from when it has been
publicly notified under a guideline mentioned in the
paragraph until it is made or the local government decides not
to make it.
(8)
In this section—
designated type of copy, for a document, means—
(a)
for a document mentioned in subsection (1)(a) to (x)—a
certified copy; or
(b)
otherwise—an ordinary copy.
development information, for a building development
application, means information about any of the following—
(a)
the physical characteristics and location of infrastructure
related to the application;
(b)
local government easements, encumbrances or estates or
interests in land likely to be relevant to the application;
(c)
site characteristic information likely to affect the
assessment of the application.
Current as at 19 December 2014
Page 477
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 726]
Examples of information mentioned in paragraph (c)—
726
•
design levels of proposed road or footway works
•
design or location of stormwater connections
•
design or location of vehicle crossings
•
details of any State heritage place or local heritage place
under the Queensland Heritage Act 1992
•
discharge of swimming pool backwash water
•
flood level information
•
limitations on driveway gradients
•
limitations on the capacity of sewerage, stormwater and
water supply services
•
location of any erosion control districts
•
location of contaminated land
•
location of land-slip areas
•
location of mine subsidence areas
Documents local government must keep available for
inspection and purchase—compliance assessment
(1)
(2)
Page 478
The local government must keep a copy of the following
documents available for inspection and purchase—
(a)
each response given by the local government to a
compliance assessor under section 402(5);
(b)
any compliance permit or compliance certificate given
to the local government under section 408(4).
The documents mentioned in subsection (1)(a) must be kept
available for inspection and purchase until—
(a)
the request for compliance assessment to which the
response relates is withdrawn or lapses; or
(b)
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the request.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 727]
(3)
727
Subsection (1) does not apply to documents to the extent the
local government is reasonably satisfied the documents
contain sensitive security information.
Documents local government must keep available for
inspection only
(1)
(2)
A local government must keep the following documents
available for inspection only—
(a)
an official copy of this Act, the Building Act, and every
regulation made under the Acts and still in force;
(b)
the BCA.
The register may be in hard copy or electronic form.
Subdivision 2
728
Requirements for assessment
managers
Documents assessment manager must keep available for
inspection and purchase—development application
(1)
(2)
The assessment manager must keep, for each development
application, the following documents available for inspection
and purchase—
(a)
the application, including any supporting material;
(b)
any acknowledgement notice;
(c)
any information request;
(d)
any properly made submission;
(e)
any referral agency’s response.
The documents mentioned in subsection (1) must be kept
available for inspection and purchase from when the
assessment manager receives the application until—
(a)
the application is withdrawn or lapses; or
Current as at 19 December 2014
Page 479
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 729]
(b)
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the application.
(3)
Subsection (1) does not apply to supporting material to the
extent the assessment manager is reasonably satisfied the
material contains sensitive security information.
(4)
Also, the assessment manager may remove the name, address
and signature of each person who made a submission before
making the submission available for inspection and purchase.
(5)
In this section—
supporting material means any material, including site plans,
elevations and supporting reports, about the aspect of the
application assessable against or having regard to the planning
scheme that—
729
(a)
was given to the assessment manager by the applicant;
and
(b)
is in the assessment manager’s possession when the
request to inspect and purchase is made.
Documents assessment manager must keep available for
inspection and purchase—general
(1)
Page 480
An assessment manager must keep available for inspection
and purchase the original or the designated type of copy of
each of the following—
(a)
each decision notice and negotiated decision notice
given by the assessment manager, including any plans
and specifications approved by the assessment manager
in relation to the notice;
(b)
each decision notice and negotiated decision notice a
copy of which was given to the assessment manager by
a private certifier;
(c)
each deemed approval notice given to the assessment
manager;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 729]
(d)
each decision notice amended under chapter 6, part 8,
division 2 or 3;
(e)
each changed concurrence agency’s response given to
the assessment manager under chapter 6, part 8, division
2;
(f)
each notice of a change or cancellation of a concurrence
agency condition given to the assessment manager
under chapter 6, part 8, division 3;
(g)
each written notice given to the assessment manager by
the Minister calling in a development application;
(h)
each direction given by the Minister directing the
assessment manager to attach conditions to a
development approval;
(i)
each agreement to which the assessment manager or a
concurrence agency is a party about a condition of a
development approval;
(j)
each show cause notice and enforcement notice given by
the assessment manager as an assessing authority;
(k)
each enforcement order made by the court on the
application of the assessment manager as an assessing
authority;
(l)
for each building development application approved for
a building in its area—
(i)
if, under the Building Act, the application was
made to a private certifier (class A)—the
documents relating to the application given to the
local government, under section 86 of that Act; or
(ii) if the application was made to the local
government—the application and the approval
documents for the application as defined under the
Building Act;
(m) inspection certificates or other documents about the
inspection of building work that, under the Building
Act, the assessment manager must keep.
Current as at 19 December 2014
Page 481
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 729]
(2)
The documents mentioned in subsection (1) may be contained
in hard copy or electronic form in 1 or more registers kept for
the purpose.
(3)
If the assessment manager has a website, the assessment
manager must publish on the website—
(a)
all decision notices and negotiated decision notices
given by the assessment manager; and
(b)
all deemed approval notices given to the assessment
manager; and
(c)
all decision notices amended under chapter 6, part 8,
division 2 or 3; and
(d)
all changed concurrence agency’s responses given to the
assessment manager under chapter 6, part 8, division 2;
and
(e)
all notices of a change or cancellation of a concurrence
agency condition given to the assessment manager
under chapter 6, part 8, division 3.
(4)
Subsection (3) does not apply to a decision notice or a
negotiated decision notice given by a private certifier.
(5)
Despite subsection (1), the obligation under the subsection
does not apply to the extent the assessment manager is
reasonably satisfied a document mentioned in subsection
(1)(l) or (m) contains—
(6)
(a)
sensitive security information; or
(b)
information of a purely private nature about an
individual, including, for example, someone’s
residential address.
Also, the obligation under subsection (1)(l) applies only
until—
(a)
if the building the subject of the approval is, under the
BCA, a class 10 building, other than a swimming pool
fence, the earlier of the following to happen—
(i)
Page 482
the building’s demolition or removal;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 730]
(ii) the end of 10 years from when the approval was
given; or
(b)
(7)
if the building the subject of the approval is of any other
class under the BCA or is a swimming pool fence—the
building’s demolition or removal.
In this section—
designated type of copy, for a document, means—
730
(a)
for a document mentioned in subsection (1)(a) to (k)—a
certified copy; or
(b)
otherwise—an ordinary copy.
Documents assessment manager must keep available for
inspection only
(1)
An assessment manager must keep available for inspection
only—
(a)
an official copy of this Act and every regulation made
under this Act and still in force; and
(b)
a register of all development applications—
(i)
made to the assessment manager; and
(ii) copies of which were given to the assessment
manager by a private certifier.
(2)
Subsection (1)(b) does not apply for a development
application until the decision notice for the application has
been given, or was required to be given, or the application
lapses or is withdrawn.
Note—
Under section 728 (Documents assessment manager must keep available
for inspection and purchase—development application) a copy of the
application and any supporting material may be obtained or inspected
from when the assessment manager receives the application.
(3)
The register must include the following for each development
application—
Current as at 19 December 2014
Page 483
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 730]
(a)
a property description that identifies the premises or the
location of the premises to which the application
related;
(b)
the type of development applied for;
(c)
the names of any referral agencies;
(d)
whether the application was withdrawn, lapsed or
decided;
(e)
if the application was decided—
(i)
the day the decision was made; and
(ii) whether the application was approved, approved
subject to conditions or refused; and
(iii) whether the application was taken to have been
approved under section 331; and
(iv) for an application approved subject to
conditions—whether any of the conditions
included the conditions of a concurrence agency,
and if so, the name of the concurrence agency; and
(v) whether a negotiated decision notice also was
given for the application; and
(vi) for an application that was approved—whether
there has subsequently been a permissible change
to the approval;
(f)
if there was an appeal about the decision—whether the
decision was changed because of the outcome of the
appeal;
(g)
other information about the application prescribed under
a regulation.
(4)
The register may be in hard copy or electronic form.
(5)
The chief executive may, by written notice given to an
assessment manager, ask the assessment manager to give the
chief executive a copy of any information included in the
register.
Page 484
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 731]
(6)
The assessment manager must comply with a notice given
under subsection (5).
Subdivision 3
731
Requirements for referral agencies
Documents referral agency must keep available for
inspection only
(1)
A referral agency must keep available for inspection only a
register of all development applications given to the referral
agency under section 272.
(2)
Subsection (1) does not apply for a development application
until the decision notice for the application has been given, or
was required to be given, or the application lapses or is
withdrawn.
(3)
The register must include the following for each development
application—
(a)
a property description that identifies the premises or the
location of the premises to which the application
related;
(b)
the type of development applied for;
(c)
whether the referral agency was an advice agency or
concurrence agency;
(d)
whether a referral agency’s response was given by the
referral agency;
(e)
other information about the application prescribed under
a regulation.
(4)
The register may be in hard copy or electronic form.
(5)
The chief executive may, by written notice given to a referral
agency, ask the referral agency to give the chief executive a
copy of any information included in the register.
(6)
The referral agency must comply with a notice given under
subsection (5).
Current as at 19 December 2014
Page 485
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 732]
Subdivision 4
732
Requirements for chief executive
Documents chief executive must keep available for
inspection and purchase
(1)
The chief executive must keep available for inspection and
purchase the original or the designated type of copy of each of
the following—
(a)
each State planning regulatory provision;
(b)
the regional plan for each designated region;
(c)
all current State planning policies;
(d)
all explanatory statements about current State planning
policies;
(e)
the standard planning scheme provisions;
(f)
any terms of reference for all regional planning
committees;
(g)
all reports of regional planning committees;
(h)
any written direction of the Minister given to a local
government to—
(i)
make or amend a planning scheme; or
(ii) make or repeal a temporary local planning
instrument; or
(iii) make, amend or repeal a planning scheme policy;
Page 486
(i)
any direction given by the Minister under chapter 6, part
11, division 1;
(j)
each notice of a proceeding given to the chief executive
under section 456;
(k)
each notice of appeal given to the chief executive under
section 482;
(l)
each notice given by the Minister calling in a
development application;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 733]
(m) each report prepared by the Minister under section
422(1) or 432(1);
(n)
each final terms of reference, EIS and EIS assessment
report prepared under chapter 9, part 2;
(o)
if the State has entered into a bilateral agreement with
the Commonwealth under the Environment Protection
and Biodiversity Conservation Act 1999 (Cwlth)—any
material the agreement requires to be made publicly
available by the State;
(p)
each guideline made by the Minister or chief executive
under section 117, 627, 630, 759 or 760;
(q)
each notice given to the chief executive under section
208(1)(c);
(r)
the standard conditions for deemed approvals;
(s)
the Queensland Development Code.
(2)
The documents mentioned in subsection (1) may be contained
in hard copy or electronic form.
(3)
However, the chief executive must not charge anyone for
supplying a copy of all or part of the Queensland
Development Code.
(4)
In this section—
designated type of copy, for a document, means—
733
(a)
for the Queensland Development Code—an ordinary
copy; or
(b)
otherwise—a certified copy.
Documents chief executive must keep available for
inspection only
(1)
The chief executive must keep the following available for
inspection only—
(a)
an official copy of this Act and every regulation made
under this Act and still in force;
Current as at 19 December 2014
Page 487
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 734]
(2)
(b)
all current planning schemes, including all consolidated
planning schemes;
(c)
all amendments of the planning schemes;
(d)
all current planning scheme policies;
(e)
any current temporary local planning instrument.
The documents mentioned in subsection (1) may be in hard
copy or electronic form.
Subdivision 5
734
Requirements for compliance
assessors
Documents compliance assessor must keep available for
inspection and purchase
(1)
(2)
Page 488
A compliance assessor must keep available for inspection and
purchase the original or a certified copy of each of the
following—
(a)
each request for compliance assessment received by the
compliance assessor;
(b)
each action notice given by the compliance assessor;
(c)
each compliance permit or compliance certificate given
by the compliance assessor;
(d)
if a local government gives the compliance assessor
notice of a response under section 402—the response;
(e)
each show cause notice or enforcement notice given by
the compliance assessor as an assessing authority;
(f)
each enforcement order made by the court on the
application of the compliance assessor as an assessing
authority.
The documents mentioned in subsection (1) may be contained
in hard copy or electronic form in 1 or more registers kept for
the purpose.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 735]
(3)
(4)
735
Despite subsection (1), the obligation under the subsection
does not apply to the extent the compliance assessor is
reasonably satisfied a document mentioned in the subsection
contains—
(a)
sensitive security information; or
(b)
information of a purely private nature about an
individual, including, for example, someone’s
residential address.
The documents mentioned in subsection (1)(a), (b) or (d) must
be kept available for inspection and purchase until—
(a)
the request for compliance assessment lapses; or
(b)
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the request.
Documents compliance assessor must keep available for
inspection only
(1)
A compliance assessor must keep available for inspection
only a register of all requests for compliance assessment
received by the compliance assessor.
(2)
Subsection (1) does not apply for a request for compliance
assessment until the compliance permit or compliance
certificate has been given or the request lapses.
(3)
The register must include the following for each request for
compliance assessment—
(a)
a property description that identifies the premises or the
location of the premises to which the request related;
(b)
whether the request lapsed, was decided or was taken to
be approved under section 408;
(c)
if the request was decided—
(i)
the day the compliance permit or compliance
certificate was given; and
Current as at 19 December 2014
Page 489
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 736]
(ii) whether the request was approved or approved
subject to conditions; and
(iii) for
a
request
approved
subject
to
conditions—whether any of the conditions were
required to be imposed by a local government; and
(iv) whether there has subsequently been a change to
the compliance permit or compliance certificate;
(d)
if the request was taken to be approved under section
408—
(i)
the day the compliance permit or compliance
certificate was given; and
(ii) whether there has subsequently been a change to
the compliance permit or compliance certificate;
(e)
(4)
The register may be in hard copy or electronic form.
Division 3
736
if there was an appeal about the decision—whether the
decision was changed because of the outcome of the
appeal.
Local governments to publish
particular information about
development applications
Publishing particular information about development
application
(1)
Page 490
A local government must publish on its website the following
information about each development application made to the
local government as assessment manager—
(a)
the day the application was made;
(b)
the applicant’s name and address;
(c)
a property description that identifies the premises or the
location of the premises to which the application relates;
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 736]
(2)
(d)
a description of the proposed development;
(e)
whether the application requires code or impact
assessment, or both code and impact assessment;
(f)
whether public notification of the application is
required.
A local government may publish on its website the
information and documents that—
(a)
are prescribed under a regulation; and
(b)
relate to each development application made to the local
government as assessment manager.
Examples of information—
•
the names of the referral agencies for the development application
•
the day the development application was decided, and whether it
was approved, approved subject to conditions or refused
Examples of documents—
(3)
•
the approved form in which the development application was made
•
the acknowledgement notice
•
a technical report
The local government must keep the information mentioned in
subsection (1) on its website from when the local government
receives the application until—
(a)
the application is withdrawn or lapses; or
(b)
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the application.
(4)
The local government may continue to publish on its website
the information mentioned in subsection (1) after the period
for which it is required to be published under subsection (3)
ends.
(5)
Subsections (1) and (2) do not apply to information or
documents mentioned in the subsections to the extent the local
Current as at 19 December 2014
Page 491
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 737]
government is reasonably satisfied the information contains
sensitive security information.
(6)
In subsection (2)—
development application includes a development application
made under repealed IPA.
Division 4
737
Planning and development
certificates
Application for planning and development certificate
(1)
A person may apply to a local government for a limited,
standard or full planning and development certificate for a
premises.
(2)
The application must be accompanied by the fee fixed by
resolution of the local government for the certificate.
738
Limited planning and development certificates
A limited planning and development certificate must contain
the following information for premises—
(a)
a summary of the provisions of any planning scheme or
charges resolution applying specifically to the premises;
(b)
if any of the State planning regulatory provisions apply
to the premises—a description of the provisions that
apply;
Note—
A State planning regulatory provision (adopted charges) may
apply to the premises.
(c)
Page 492
a description of any designations applying to the
premises.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 739]
739
Standard planning and development certificates
A standard planning and development certificate, in addition
to the information contained in a limited planning and
development certificate, must contain or be accompanied by
the following information for premises—
(a)
a copy of every decision notice or negotiated decision
notice for a development approval given under this Act
or repealed IPA that has not lapsed;
(b)
a copy of every deemed approval notice relating to the
premises, if the development approval to which the
notice relates has not lapsed;
(c)
a copy of every continuing approval mentioned in
repealed IPA, section 6.1.23(1)(a) to (d);
(d)
details of any decision to approve or refuse an
application to amend a planning scheme made under the
repealed LGP&E Act, section 4.3, including any
conditions of approval;
(e)
a copy of every compliance permit or compliance
certificate in effect at the time the standard planning and
development certificate is given;
(f)
a copy of any information recorded for the premises in
the infrastructure charges register;
(g)
details of any permissible changes to a development
approval given under this Act or minor changes made to
a development approval given under repealed IPA;
(h)
details of any changes to a compliance permit or
compliance certificate;
(i)
a copy of any judgment or order of the court or a
building and development committee about the
development approval or a condition included in the
compliance permit or compliance certificate;
(j)
a copy of any agreement to which the local government
or a concurrence agency is a party about a condition of
the development approval;
Current as at 19 December 2014
Page 493
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 740]
740
(k)
a copy of any infrastructure agreement applying to the
premises to which the local government is a party or that
it has received a copy of under section 673;
(l)
a description of each amendment, proposed to be made
by the local government to its planning scheme, that has
not yet been made at the time the certificate is given.
Full planning and development certificates
(1)
A full planning and development certificate, in addition to the
information contained in a limited and standard planning and
development certificate, must contain or be accompanied by
the following information for premises—
(a)
if there is currently in force for the premises a
development approval or a compliance permit
containing conditions (including conditions about the
carrying out of works or the payment of money, other
than under an infrastructure agreement)—a statement
about the fulfilment or non-fulfilment of each condition,
at a stated day after the day the certificate was applied
for;
(b)
if there is an infrastructure agreement to which the local
government is a party—
(i)
if there are obligations under the agreement that
have not been fulfilled—details of the nature and
extent of the obligations not fulfilled; and
(ii) details of the giving of any security and whether
any payment required to be made under the
security has been made;
(c)
advice of—
(i)
any prosecution for a development offence under
this Act or repealed IPA in relation to the premises
of which the local government is aware; or
(ii) proceedings for a prosecution for a development
offence under this Act or repealed IPA in relation
Page 494
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 6 Public access to planning and development information
[s 741]
to the premises of which the local government is
aware.
741
(2)
However, the applicant may request that a full certificate be
given without the information normally contained in a limited
and standard certificate.
(3)
If a condition under subsection (1)(a) relates to the ongoing
operating requirements of the use of premises, the statement
need not make reference to the fulfilment or non-fulfilment of
the conditions other than under subsection (1)(b).
Time within which planning and development certificate
must be given
A local government must give a planning and development
certificate to an applicant within—
742
(a)
if the certificate is a limited certificate—5 business days
after the day the certificate was applied for; or
(b)
if the certificate is a standard certificate—10 business
days after the day the certificate was applied for; or
(c)
if the certificate is a full certificate—30 business days
after the day the certificate was applied for.
Effect of planning and development certificate
In a proceeding, a planning and development certificate is
evidence of the information contained in the certificate.
Current as at 19 December 2014
Page 495
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 743]
Part 7
Notification stage for particular
aquaculture development
Division 1
Preliminary
743
Purpose of notification stage under pt 7
The notification stage under this part gives a person—
(a)
the opportunity to make submissions, including
objections, that must be taken into account—
(i)
by the assessment manager before deciding a
development application for which this part
applies; or
(ii) by a concurrence agency before giving a referral
agency’s response, to the extent the response
relates to development mentioned in section
744(1); and
(b)
the opportunity to secure the right to appeal to the court
about—
(i)
the assessment manager’s decision; or
(ii) a referral agency’s response by the concurrence
agency.
Note—
See, in particular, section 463 (Additional and extended appeal
rights for submitters for particular development applications).
744
When notification stage under pt 7 applies
(1)
Page 496
This part applies for a development application—
(a)
for which the chief executive is the assessment manager
or a concurrence agency; and
(b)
for development that—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 745]
(i)
is a material change of use of premises—
(A)
for a hatchery for the production of larvae; or
(B)
for aquaculture carried out in ponds with a
surface area of more than 5ha; and
(ii) is carried out completely or partly on land within
the area with the following boundaries—
•
the line every point of which is 5km inland
from the line of the highest astronomical tide
•
the parallel of latitude 24º30'00" south
•
the western boundary of the Great Barrier
Reef Marine Park
•
the parallel of latitude 10º41'20" south; and
(iii) will cause the discharge of waste into waters.
(2)
(3)
However, this part does not apply if—
(a)
chapter 9, part 2 applies to the development; or
(b)
there is a preliminary approval for the development and
the preliminary approval was subject to this part.
In this section—
Great Barrier Reef Marine Park means the Great Barrier
Reef Marine Park established under the Great Barrier Reef
Marine Park Act 1975 (Cwlth).
highest astronomical tide means the highest level of the tides
that can be predicted to occur under average meteorological
conditions and under any combination of astronomical
conditions.
745
When can notification stage start
(1)
If no information requests have been made during the last
information request period, the applicant may start the
notification period as soon as the last information request
period ends.
Current as at 19 December 2014
Page 497
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 746]
(2)
If an information request has been made during the
information request period, the applicant may start the
notification period as soon as the applicant gives—
(a)
all information request responses to all information
requests made; and
(b)
copies of the responses to the assessment manager and
any concurrence agency for the application.
Division 2
746
Public notification
Public notice of proposed development
(1)
The applicant or, if the applicant has agreed in writing, the
assessment manager for the development application must—
(a)
publish a notice at least once in a newspaper circulating
generally in the locality of the land; and
(b)
place a notice on the land in the way prescribed under a
regulation; and
(c)
give a notice to the owners of all land adjoining the land.
(2)
If the assessment manager carried out notification on behalf of
the applicant, the assessment manager may require the
applicant to pay a fee of not more than the assessment
manager’s reasonable costs for carrying out the notification.
(3)
For subsection (1)(c), roads, land below high-water mark and
the beds and banks of rivers are taken not to be adjoining land.
(4)
In this section—
owner, for land adjoining the land, see section 297(4).
747
Notification period for development applications
The notification period for the application—
Page 498
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 748]
748
749
(a)
must be no less than 30 business days starting on the day
after the last action under section 746(1) is carried out;
and
(b)
must not include any business day from 20 December in
a particular year to 5 January in the following year, both
days inclusive.
Requirements for particular notices
(1)
The notices mentioned in section 746(1) must be in the
approved form.
(2)
The notice placed on the land must remain on the land for all
of the notification period.
(3)
All actions mentioned in section 746(1) must be completed
within 5 business days after the first of the actions is carried
out.
(4)
A regulation may prescribe different notification requirements
for an application for development on land located—
(a)
outside any local government area; or
(b)
within a local government area but in a location where
compliance with section 746(1) would be unduly
onerous or would not give effective public notice.
Notice of compliance to be given to assessment manager
and concurrence agency
(1)
If the applicant carries out notification, the applicant must,
after the notification period has ended—
(a)
give the assessment manager and any concurrence
agency for the application written notice that the
applicant has complied with the requirements of this
division; and
(b)
if there is a concurrence agency for the
application—give the assessment manager written
Current as at 19 December 2014
Page 499
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 750]
notice that the applicant has given the concurrence
agency the notice mentioned in paragraph (a).
(2)
750
If the assessment manager carries out notification, the
assessment manager must, after the notification period has
ended, give any concurrence agency for the application
written notice that the assessment manager has complied with
the requirements of this division.
Assessment manager may assess and decide application
if some requirements not complied with
Despite section 749, the assessment manager may assess and
decide the application even if some of the requirements of this
division have not been complied with, if—
(a)
the assessment manager is satisfied any noncompliance
has not—
(i)
adversely affected the awareness of the public of
the existence and nature of the application; or
(ii) restricted the opportunity of the public to make
properly made submissions; and
(b)
751
any concurrence agency for the application has given
written consent to the assessment and decision being
made in this way.
Making submissions
(1)
During the notification period, any person other than the
applicant or a concurrence agency may make a submission to
the assessment manager about the application.
(2)
The assessment manager must accept a submission if the
submission is a properly made submission.
(3)
A person who has made a properly made submission may, by
written notice—
(a)
Page 500
during the notification period, amend the submission; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 752]
(b)
(4)
752
The assessment manager must within 5 business days after the
end of the notification period—
(a)
give a copy of any properly made submission to any
concurrence agency; and
(b)
if the person who made the submission amends or
withdraws the submission under subsection (3)—notify
any concurrence agency that the submission has been
amended or withdrawn.
Submissions made during notification period effective
for later notification period
(1)
(2)
This section applies if—
(a)
a person makes a properly made submission under
section 751(1); and
(b)
the notification stage for the application is repeated for
any reason.
The submission is taken to be a properly made submission for
the later notification period and the submitter may, by written
notice—
(a)
during the later notification period, amend the
submission; or
(b)
at any time before a decision about the application is
made, withdraw the submission.
Division 3
753
at any time before a decision about the application is
made, withdraw the submission.
End of notification stage
When does notification stage end
The notification stage ends—
Current as at 19 December 2014
Page 501
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7 Notification stage for particular aquaculture development
[s 754]
(a)
if notification is carried out by the applicant—when the
assessment manager receives written notice under
section 749(1); or
(b)
if notification is carried out by the assessment manager
on behalf of the applicant—when any concurrence
agency receives written notice under section 749(2).
Division 4
754
Changed referral agency provisions
for applications to which this part
applies
Referral agency must not respond before notification
stage ends
(1)
This section applies if the chief executive is a concurrence
agency for the development application.
(2)
Despite section 271, the concurrence agency must not give a
referral agency’s response for a matter relating to the
development to which the application relates before the
notification stage for the application ends.
755
Adjusted referral agency’s assessment period
(1)
This section applies if the chief executive is a concurrence
agency for the development application.
(2)
Despite section 283(1), the referral agency’s assessment
period for the concurrence agency is a period of 30 days
starting on the day after the concurrence agency has received
both of the following—
Page 502
(a)
a notice of compliance under section 749;
(b)
a copy of all the properly made submissions.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7A Party houses
[s 755A]
Part 7A
Party houses
Division 1
Preliminary
755A Definitions for pt 7A
In this part—
party house means premises containing a dwelling that is
used to provide accommodation or facilities for guests if—
(a)
the premises, or any part of the premises, is regularly
used by guests for parties, including, for example, bucks
nights, hens nights, raves, wedding receptions or similar
parties; and
(b)
the accommodation or facilities are provided for a
period of less than 10 days; and
(c)
the accommodation or facilities are provided for a fee;
and
(d)
the premises is not occupied by the owner of the
premises during the period mentioned in paragraph (b).
residential dwelling means premises used for a self-contained
residence that is—
(a)
a dual occupancy; or
(b)
a dwelling house; or
(c)
a dwelling unit; or
(d)
a multiple dwelling.
residential dwelling development means a material change of
use for a residential dwelling.
Current as at 19 December 2014
Page 503
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 7A Party houses
[s 755B]
Division 2
Regulating party houses in local
planning instruments
755B Planning scheme or temporary local planning instrument
may regulate material change of use for party house
(1)
(2)
A planning scheme or temporary local planning instrument
may—
(a)
state that a material change of use for a party house is
assessable development in all or part of the planning
scheme area; and
(b)
include a code for assessing development applications
for a material change of use for a party house.
This section applies despite sections 53, 88(1)(a) and 105(d).
755C Planning scheme or temporary local planning instrument
may identify party house restriction area
(1)
A local government may, in a planning scheme or temporary
local planning instrument, identify all or part of the planning
scheme area as a party house restriction area.
(2)
This section applies despite sections 53, 88(1)(a) and 105(d).
755D Effect of identification of party house restriction area
(1)
This section applies if a planning scheme or temporary local
planning instrument identifies an area as a party house
restriction area under section 755C.
(2)
A development permit or compliance permit for a residential
dwelling development in the area does not authorise, and has
never authorised, a material change of use for a party house to
take place as part of the residential dwelling development.
(3)
The use of a residential dwelling in the area as a party house is
not, and has never been, a natural and ordinary consequence
of a residential dwelling development.
Page 504
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 756]
(4)
Subsection (5) applies if, at any time, whether before or after
the commencement of this section, a planning scheme or
temporary local planning instrument provides or provided that
a residential dwelling development is self-assessable
development or exempt development.
(5)
The planning scheme or temporary local planning instrument
does not authorise, and has never authorised, a material
change of use for a party house to be carried out as part of the
residential dwelling development.
Part 8
756
Giving electronic submissions
(1)
(2)
757
General
This section applies if, under this Act—
(a)
a notice relating to a development application, a State
planning instrument or a local planning instrument is
given to a person or published in the gazette or a
newspaper; and
(b)
the notice provides that a person or any other entity may
make a submission about the matter the subject of the
notice.
The submission may be made electronically if the notice
states it may be made electronically.
Application of Judicial Review Act 1991
(1)
Subject to subsection (2), the Judicial Review Act 1991 does
not apply to the following matters under this Act—
(a)
conduct engaged in for the purpose of making a
decision;
(b)
other conduct that relates to the making of a decision;
Current as at 19 December 2014
Page 505
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 758]
(c)
the making of a decision or the failure to make a
decision;
(d)
a decision.
(2)
A person who, but for subsection (1), could have made an
application under that Act in relation to a matter mentioned in
subsection (1), may apply under part 4 of that Act for a
statement of reasons in relation to the matter.
(3)
In particular, for subsection (1), the Supreme Court does not
have jurisdiction to hear and determine applications made to it
under the Judicial Review Act 1991, part 3 or 5 in relation to
matters mentioned in subsection (1).
758
References to Planning and Environment Court and
judge of the court in other Act
(1)
This section applies if another Act refers to the Planning and
Environment Court or a judge of that court.
(2)
If the context permits, the reference may be taken to refer to
the court or a judge of the court.
758A No requirement to consult for particular decisions under
repealed IPA
(1)
(2)
Page 506
This section applies to—
(a)
a decision of the Minister to give a direction under
repealed IPA, section 2.5B.49 or 2.5B.50 or chapter 3,
part 6, division 1; and
(b)
a decision of the Minister, under repealed IPA, chapter
3, part 6, division 2 to call in a development application,
and any decision of the Minister under repealed IPA
made in relation to the called in application.
To remove any doubt, it is declared that the Minister was not,
under repealed IPA, required to consult with anyone before
making the decision.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 759]
759
Minister may make guidelines
(1)
760
The Minister may make guidelines about—
(a)
the matters to be considered by an assessment manager
in deciding whether there are sufficient grounds to
justify a decision that may conflict with a relevant
instrument under section 326 or 329; or
(b)
the form of a preliminary approval to which section 242
applies; or
(c)
the matters to be considered in deciding whether or not a
change to a development application or a development
approval would result in a substantially different
development; or
(d)
another matter the Minister considers appropriate for the
administration of this Act.
(2)
Before making a guideline, the Minister must consult with the
persons or entities the Minister considers appropriate.
(3)
If a guideline is made, the Minister must notify the making of
the guideline in the gazette.
(4)
This section does not limit sections 117, 627 and 630.
Chief executive may make guidelines
(1)
The chief executive may make guidelines about—
(a)
matters to be considered in deciding if an action is a
material change of use; or
(b)
environmental assessment and public consultation
procedures for designating land for community
infrastructure under chapter 5; or
(c)
the form in which documents may be given under this
Act; or
(d)
another matter the chief executive considers appropriate
for the administration of this Act.
Current as at 19 December 2014
Page 507
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 761]
(2)
Before making a guideline, the chief executive must consult
with the persons or entities the chief executive considers
appropriate.
(3)
If a guideline is made, the chief executive must notify the
making of the guideline in the gazette.
761
Delegation by Ministers
(1)
The Minister may delegate the Minister’s functions under this
Act to an appropriately qualified public service officer.
(2)
The regional planning Minister may delegate that Minister’s
functions under this Act to an appropriately qualified public
service officer.
(3)
An eligible Minister may, if acting under chapter 2, delegate
the eligible Minister’s functions under that chapter to an
appropriately qualified public service officer.
(4)
The Minister administering the State Development and Public
Works Organisation Act 1971, if acting under chapter 6, part
11, division 2, may delegate that Minister’s functions under
the division to an appropriately qualified public service
officer.
(5)
In this section—
functions includes powers.
761A Special requirement to amend or make planning scheme
(1)
This section applies to a local government that has a declared
master planned area in its local government area.
(2)
The local government must amend its planning scheme, other
than an IPA planning scheme, within 3 years after the
commencement—
(a)
Page 508
for each of the local government’s declared master
planned areas that has a structure plan for the area—to
incorporate the structure plan in the planning scheme; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 761A]
(b)
(3)
for each of the local government’s declared master
planned areas that does not have a structure plan for the
area—to address the matters mentioned in subsection
(4) for the area in the planning scheme by following the
process stated in the guideline mentioned in section
117(1).
However, if on the commencement the local government’s
planning scheme is an IPA planning scheme, the local
government must—
(a)
make a planning scheme under this Act within 3 years
after the commencement; and
(b)
either—
(i)
for each of the local government’s declared master
planned areas that has a structure plan for the
area—incorporate the structure plan in the
planning scheme; or
(ii) for each of the local government’s declared master
planned areas that does not have a structure plan
for the area—address the matters mentioned in
subsection (4) for the area in the planning scheme
by following the process stated in the guideline
mentioned in section 117(1).
(3A) The local government is taken to have complied with
subsection (2)(a) or (3)(b)(i) if—
(a)
the Minister is satisfied the amended or new planning
scheme, to the extent it applies to the declared master
planned area—
(i)
is consistent with the strategic intent of the
structure plan; and
(ii) does not affect development entitlements or
development obligations stated in the structure
plan in an adverse and material way; and
Current as at 19 December 2014
Page 509
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 761A]
(b)
(4)
the Minister gives written notice to the local government
that the Minister is satisfied of the matters mentioned in
paragraph (a).
For subsections (2)(b) and (3)(b)(ii), the matters are all of the
following—
(a)
set out the broad environmental, infrastructure and
development intent to guide detailed planning for the
area;
(b)
appropriately reflect the standard planning scheme
provisions;
(c)
include a code that—
(i)
states the development entitlements
development obligations for the area; and
and
(ii) includes a map that gives a spatial dimension to the
matters the subject of the code;
(d)
for development in the area—
(i)
state development that is—
(A)
exempt development; and
(B)
self-assessable development; and
(C)
development
assessment; and
(D)
assessable development requiring code or
impact assessment, or both code and impact
assessment; and
requiring
compliance
(ii) identify or include codes for the development.
(5)
In this section—
commencement means the commencement of this section.
declared master planned area means an area identified as a
master planned area in a declaration made under the
unamended Act, section 133 and in force on the
commencement.
Page 510
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 9 Miscellaneous
Part 8 General
[s 761B]
structure plan, for a declared master planned area, means the
structure plan for the area made under the unamended Act and
in effect on the commencement.
unamended Act means this Act as in force immediately
before the commencement.
761B Review of operation of s 761A
The Minister must review the operation of section 761A
before 3 years after the date of assent of the Sustainable
Planning and Other Legislation Amendment Act (No. 2) 2012.
762
Approved forms
The chief executive may approve forms for use under this Act.
763
Regulation-making power
(1)
The Governor in Council may make regulations under this
Act.
(2)
Without limiting subsection (1), a regulation may—
(a)
prescribe fees payable under this Act; and
(b)
impose a penalty for contravention of a provision of a
regulation of no more than 20 penalty units; and
(c)
prescribe a minor change of use that is not a material
change of use; and
(d)
prescribe requirements to allow—
(i)
processes under the Act to be accredited under the
Commonwealth Environment Act; or
(ii) the making of a bilateral agreement under that Act
to which the State is proposed as a party; or
(iii) the State to meet its obligations under a bilateral
agreement under that Act to which the State is a
party.
Current as at 19 December 2014
Page 511
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 1 Repeal provision
[s 764]
Chapter 10
Repeal, transitional and
validation provisions
Part 1
Repeal provision
764
Act repealed
The Integrated Planning Act 1997, No. 69 is repealed.
Part 2
Transitional provisions for Act
No. 36 of 2009
Division 1
Preliminary
765
Definitions for pt 2
In this part—
commencement means the day on which the provision in
which the term is used commences.
existing, in relation to a regional planning advisory committee
or regional coordination committee under repealed IPA,
means in existence under that Act immediately before the
commencement.
existing application see section 802(1).
existing planning scheme see section 778(1).
existing planning scheme policy see section 785.
existing structure plan see section 790(1).
existing temporary local planning instrument see section
782.
Page 512
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 766]
Division 2
766
Provisions for State planning
instruments
Continuing effect of State planning regulatory provisions
A State planning regulatory provision in force under repealed
IPA immediately before the commencement continues to have
effect and is taken to be a State planning regulatory provision
under this Act.
767
768
Making or amending State planning regulatory provisions
under repealed IPA
(1)
If immediately before the commencement the Minister has
started the process under repealed IPA, chapter 2, part 5C,
division 2, to make or amend a State planning regulatory
provision, the Minister may continue to make or amend the
provision under repealed IPA as if this Act had not
commenced.
(2)
To remove any doubt, it is declared that repealed IPA, sections
2.5C.7, 2.5C.8 and 2.5C.12 continue to apply in relation to the
making or amendment of a State planning regulatory
provision mentioned in subsection (1).
(3)
A State planning regulatory provision or amendment
mentioned in subsection (1) and made under repealed IPA is
taken to be a State planning regulatory provision or
amendment made under this Act.
Continuing effect of regional plans
A regional plan in force under repealed IPA immediately
before the commencement continues to have effect and is
taken to be a regional plan under this Act.
Current as at 19 December 2014
Page 513
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 769]
769
Making or amending regional plans under repealed IPA
(1)
If immediately before the commencement the regional
planning Minister for a designated region has started the
process under repealed IPA, chapter 2, part 5A, divisions 4
and 5, to make or amend a regional plan, the regional planning
Minister may continue to make or amend the plan under
repealed IPA as if this Act had not commenced.
(2)
A regional plan or amendment mentioned in subsection (1)
and made under repealed IPA is taken to be a regional plan or
amendment made under this Act.
770
Continuing effect of particular directions and notices
(1)
A direction given to a local government under repealed IPA,
section 2.5A.20(1) before the commencement continues to
have effect and is taken to be a direction under section 29(1).
(2)
A notice given to a local government under repealed IPA,
section 2.5A.20(8) before the commencement continues to
have effect and is taken to be a written extension under section
29(6).
771
Continuation of regional planning advisory committees
(1)
An existing regional planning advisory committee continues
as a regional planning committee established under this Act.
(2)
The existing regional planning advisory committee—
Page 514
(a)
continues with the same name, membership and terms
of reference it had immediately before the
commencement; and
(b)
is taken to be established for the same area covered by
the region for which it was established under repealed
IPA.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 772]
772
Continuation of regional coordination committees
An existing regional coordination committee for a designated
region continues as the regional planning committee
established under section 31 for the region.
773
774
Continuing effect of particular State planning policies
(1)
This section applies to a State planning policy in force under
repealed IPA immediately before the commencement, other
than a State planning policy having effect for less than 1 year.
(2)
The State planning policy continues to have effect and is taken
to be a State planning policy made under this Act.
(3)
The State planning policy is taken to have effect on the day it
had effect under repealed IPA.
(4)
If the State planning policy had effect at least 10 years before
the commencement, section 45 applies to the policy as if the
reference in section 45(1)(b) to the day that is 10 years after
the day the policy had effect were a reference to the day that is
3 years after the commencement.
Continuing effect of State planning policy having effect
for less than 1 year
(1)
This section applies to a State planning policy—
(a)
made under repealed IPA; and
(b)
having effect under that Act for less than 1 year; and
(c)
in force immediately before the commencement.
(2)
The State planning policy continues to have effect and is taken
to be a temporary State planning policy made under this Act.
(3)
For section 49, the temporary State planning policy is taken to
have been made on the day it had effect under repealed IPA.
Current as at 19 December 2014
Page 515
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 775]
775
Making or amending State planning policies under
repealed IPA
(1)
If immediately before the commencement the Minister has
started the process under repealed IPA, chapter 2, part 4 to
make or amend a State planning policy, the Minister may
continue to make or amend the policy under repealed IPA as if
this Act had not commenced.
(2)
Without limiting subsection (1), repealed IPA, section 2.4.4
continues to apply to the making or amendment of the State
planning policy.
(3)
A State planning policy or amendment mentioned in
subsection (1) and made under repealed IPA is taken to be a
State planning policy or amendment made under this Act.
(4)
However, if the State planning policy mentioned in subsection
(1) and made under repealed IPA has effect for less than 1
year, it is taken to be a temporary State planning policy made
under this Act.
776
Notification requirements do not apply for making
particular State planning instruments
(1)
(2)
Sections 60 and 63(1) do not apply to the making of a State
planning instrument made within the relevant period if the
Minister is satisfied—
(a)
the State planning instrument substantially reflects, and
does not change the effect of, an existing code, law or
policy; and
(b)
for an existing code, law or policy, other than an Act or
regulation or a code or policy included in an Act or
regulation—adequate public consultation was carried
out in relation to the making of the code, law or policy.
In this section—
existing code, law or policy means a code, law or policy in
force immediately before the commencement that, under
Page 516
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 777]
repealed IPA, could have been considered in assessing a
development application.
relevant period means—
(a)
2 years after the commencement; or
(b)
if the Minister, by gazette notice and within the period
mentioned in paragraph (a), nominates a later day that is
not more than 4 years after the commencement—the
later day.
Division 3
777
Provisions for local planning
instruments
Relationship between standard planning scheme
provisions and particular instruments
(1)
This section applies to—
(a)
a local planning instrument under repealed IPA that is in
force immediately before the commencement; and
(b)
a local planning instrument mentioned in section 779,
783 or 786 and made under repealed IPA.
(2)
Sections 53 and 55 do not apply to the local planning
instrument.
(3)
Despite sections 88(1)(a) and 141(1)(c), if the local planning
instrument is a planning scheme, the planning scheme or an
amendment of the planning scheme, including an amendment
to include a structure plan, need not reflect the standard
planning scheme provisions.
(4)
A planning scheme mentioned in subsection (3) may be
amended to state that development is prohibited development
only if the standard planning scheme provisions state the
development may be prohibited development.
(5)
Despite section 155(1)(b), a master plan made under a
structure plan included in a planning scheme mentioned in
Current as at 19 December 2014
Page 517
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 778]
subsection (3) need not reflect the standard planning scheme
provisions.
(6)
A structure plan included in a planning scheme mentioned in
subsection (3) may state that development is prohibited
development only if the standard planning scheme provisions
state the development may be prohibited development.
(7)
Despite section 105(d), a temporary local planning instrument
made for all or part of an area to which a planning scheme
mentioned in subsection (3) applies need not reflect the
standard planning scheme provisions.
(8)
A temporary local planning instrument mentioned in
subsection (7) may state that development is prohibited
development only if the standard planning scheme provisions
state the development may be prohibited development.
778
Continuing effect of planning schemes
(1)
A local government’s planning scheme made under repealed
IPA that is in force immediately before the commencement
(an existing planning scheme) continues to have effect and is
taken to be the planning scheme for the local government’s
planning scheme area made under this Act.
(2)
However, if on the commencement a local government has
more than 1 existing planning scheme, each existing planning
scheme has effect for the part of the planning scheme area for
which the scheme had effect immediately before the
commencement.
(3)
For this Act, the planning scheme is taken to have effect on
the day it had effect under repealed IPA.
(4)
Subsection (5) applies if an existing planning scheme
mentioned in subsection (1) states desired environmental
outcomes for the local government’s planning scheme area.
(5)
For this Act, the stated desired environmental outcomes are
taken to be strategic outcomes for the planning scheme area.
Page 518
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 779]
779
780
Making or amending planning schemes under repealed
IPA
(1)
If immediately before the commencement a local government
or the Minister has started the process under repealed IPA,
chapter 2, part 1, division 3, to make or amend a planning
scheme, the local government or Minister may continue to
make or amend the planning scheme under repealed IPA as if
this Act had not commenced.
(2)
Without limiting subsection (1), repealed IPA, section 2.1.6
continues to apply to the making or amendment of the
planning scheme.
(3)
A planning scheme or amendment mentioned in subsection
(1) and made under repealed IPA is taken to be a planning
scheme or amendment made under this Act.
(4)
Subsection (5) applies if a planning scheme mentioned in
subsection (1) states desired environmental outcomes for the
local government’s planning scheme area.
(5)
For this Act, the stated desired environmental outcomes are
taken to be strategic outcomes for the planning scheme area.
Continuing superseded planning schemes
A planning scheme that was a superseded planning scheme
for a planning scheme area under repealed IPA immediately
before the commencement is a superseded planning scheme
under this Act for the planning scheme area.
781
Reviewing planning schemes and priority infrastructure
plans
(1)
This section applies if, immediately before the
commencement, a local government is reviewing its planning
scheme or priority infrastructure plan under repealed IPA,
section 2.2.1 or 2.2.5.
(2)
The local government must continue to carry out the review
under repealed IPA as if this Act had not commenced.
Current as at 19 December 2014
Page 519
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 782]
(3)
782
However, this Act applies to the making of any new planning
scheme or amendment of the planning scheme or priority
infrastructure plan because of the review.
Continuing effect of temporary local planning
instruments
(1)
A temporary local planning instrument made under repealed
IPA that is in force immediately before the commencement
(an existing temporary local planning instrument) continues
to have effect and is taken to be a temporary local planning
instrument made under this Act.
(2)
The temporary local planning instrument—
783
(a)
is taken to have effect on the day it had effect under
repealed IPA; and
(b)
continues to have effect for the period it would have had
effect under repealed IPA, unless it is sooner repealed
under this Act.
Making temporary local planning instruments under
repealed IPA
(1)
If immediately before the commencement a local government
or the Minister has started the process under repealed IPA to
make a temporary local planning instrument, the local
government or Minister may continue to make the temporary
local planning instrument under repealed IPA as if this Act
had not commenced.
(2)
Without limiting subsection (1)—
Page 520
(a)
repealed IPA, section 2.1.13 continues to apply to the
making of the temporary local planning instrument; and
(b)
section 105(d) does not apply to the temporary local
planning instrument.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 784]
(3)
784
785
A temporary local planning instrument mentioned in
subsection (1) and made under repealed IPA is taken to be a
temporary local planning instrument made under this Act.
Repealing particular temporary local planning
instruments
(1)
If immediately before the commencement a local government
has started the process under repealed IPA to repeal an
existing temporary local planning instrument, the local
government may continue to repeal the instrument under
repealed IPA as if this Act had not commenced.
(2)
The repeal of a temporary local planning instrument under
subsection (1) has effect as if it were repealed under this Act.
(3)
Subsection (4) applies to an existing temporary local planning
instrument and a temporary local planning instrument
mentioned in section 783.
(4)
The temporary local planning instrument can not be repealed
under this Act without the Minister’s written approval if the
temporary local planning instrument was made by—
(a)
the local government under a direction of the Minister
under repealed IPA, section 2.3.2; or
(b)
the Minister under repealed IPA, section 2.3.3.
Continuing effect of planning scheme policies
(1)
A planning scheme policy made under repealed IPA that is in
force immediately before the commencement (an existing
planning scheme policy) continues to have effect and is taken
to be a planning scheme policy made under this Act.
(2)
A planning scheme policy made under repealed IPA, section
6.1.20 and continued in effect under subsection (1) can not be
amended.
Current as at 19 December 2014
Page 521
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 786]
786
Making or amending planning scheme policies under
repealed IPA
(1)
If immediately before the commencement a local government
or the Minister has started the process under repealed IPA to
make or amend a planning scheme policy, the local
government or Minister may continue to make or amend the
policy under repealed IPA as if this Act had not commenced.
(2)
Without limiting subsection (1), repealed IPA, section 2.1.20
continues to apply to the making or amendment of the
planning scheme policy.
(3)
A planning scheme policy or amendment mentioned in
subsection (1) and made under repealed IPA is taken to be a
planning scheme policy or amendment made under this Act.
(4)
Subsection (1) does not apply to a planning scheme policy
being made under repealed IPA, section 6.1.20.
787
Repealing particular planning scheme policies
(1)
If immediately before the commencement a local government
has started the process under repealed IPA to repeal an
existing planning scheme policy, the local government may
continue the repeal of the policy under repealed IPA as if this
Act had not commenced.
(2)
The repeal of a planning scheme policy under subsection (1)
has effect as if it were repealed under this Act.
788
Particular notices and directions under repealed IPA
(1)
Subsection (2) applies to a notice given by the Minister under
repealed IPA, section 2.3.1(1) if on the commencement the
Minister has not acted under repealed IPA, section 2.3.1(4) in
relation to the notice.
(2)
For this Act, the notice is taken to be a notice given under
section 125(1).
Page 522
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 789]
(3)
Subsection (4) applies to a direction given to a local
government under repealed IPA, section 2.3.2 in relation to an
action that, on the commencement, has not been taken by the
local government.
(4)
The direction continues to have effect as a direction given
under section 126 or 127 of this Act.
Division 4
789
790
Provisions for planning
partnerships
Master planned areas
(1)
An area that is a master planned area under repealed IPA
immediately before the commencement is taken to be a master
planned area under this Act.
(2)
A master planned area declaration made under repealed IPA,
section 2.5B.3 before the commencement is taken to be a
master planned area declaration made under this Act.
(3)
Subsection (4) applies to a master planned area declaration
mentioned in subsection (2) if on the commencement the
process for making the structure plan for the area has not
started.
(4)
Any timeframes stated in the master planned area declaration
for steps identified in repealed IPA, schedule 1A, (the
repealed steps) for the making of the structure plan are taken
to be timeframes for carrying out the steps under the process
for making the structure plan under this Act that are
equivalent to the repealed steps.
Structure plans
(1)
A structure plan made under repealed IPA, chapter 2, part 5B
for a master planned area and in effect immediately before the
commencement (an existing structure plan) is taken to be a
structure plan made under this Act for the area.
Current as at 19 December 2014
Page 523
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 791]
(2)
791
For this Act, a desired environmental outcome stated in an
existing structure plan is taken to be a strategic outcome for
the master planned area.
Making structure plan under repealed IPA
(1)
If immediately before the commencement a local government
has started the process under repealed IPA to make a structure
plan, the local government may continue to make the structure
plan under repealed IPA as if this Act had not commenced.
(2)
A structure plan mentioned in subsection (1) and made under
repealed IPA is taken to be a structure plan made under this
Act.
(3)
Despite section 141(1)(c), the structure plan need not reflect
the standard planning scheme provisions.
(4)
However, the structure plan may state that development is
prohibited development only if the standard planning scheme
provisions state the development may be prohibited
development.
(5)
Subsection (6) applies if the structure plan states desired
environmental outcomes for a master planned area.
(6)
For this Act, the stated desired environmental outcomes are
taken to be strategic outcomes for the master planned area.
792
Application of s 149 to particular structure plans
Section 149 applies in relation to an existing structure plan
and a structure plan mentioned in section 791(1) and made
under repealed IPA—
Page 524
(a)
as if the reference in section 149(1) to the guideline
mentioned in section 145 were a reference to repealed
IPA, schedule 1A; and
(b)
as if the reference in section 149(2) to comply again
were a reference to comply.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 793]
793
Master plans
A master plan approved under repealed IPA for a declared
master planned area and in force immediately before the
commencement (an existing master plan) is taken to be a
master plan approved under this Act for the area.
794
Applications for approval or amendment of master plans
under repealed IPA
(1)
This section applies to a following application made but not
decided before the commencement—
(a)
an application for approval of a proposed master plan
for a declared master planned area made under repealed
IPA, chapter 2, part 5B, division 5;
(b)
an application to amend a master plan for a declared
master planned area made under repealed IPA, section
2.5B.59.
(2)
For dealing with and deciding the application, repealed IPA,
chapter 2, part 5B, division 5 and sections 2.5B.58 and
2.5B.59 continue to apply as if this Act had not commenced.
(3)
Without limiting subsection (2), repealed IPA, sections
2.5B.49 and 2.5B.50 continue to apply in relation to the
application.
(4)
Despite section 155(1)(b), a master plan or an amendment
mentioned in subsection (1) need not reflect the standard
planning scheme provisions.
(5)
For repealed IPA, section 2.5B.34(2), a participating agency
or coordinating agency may also give the weight it is satisfied
is appropriate to a document of a type mentioned in repealed
IPA, section 2.5B.34(1)(b) or (c), that is made under this Act.
(6)
For repealed IPA, section 2.5B.41(2), a local government may
also give the weight it is satisfied is appropriate to a document
of a type mentioned in repealed IPA, section 2.5B.41(1), that
is made under this Act.
Current as at 19 December 2014
Page 525
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 795]
(7)
795
If a proposed master plan or amendment mentioned in
subsection (1) is approved under repealed IPA, the master
plan or amendment is taken to be a master plan or amendment
approved under this Act.
Continuation of particular agreements
(1)
An agreement entered into under repealed IPA, section
2.5B.51, in relation to a master plan and in force immediately
before the commencement continues in force and is taken to
be an agreement entered into under section 193 of this Act.
(2)
An agreement entered into under repealed IPA, section
2.5B.74, in relation to the preparation of a structure plan and
in force immediately before the commencement continues in
force and is taken to be an agreement entered into under
section 143 of this Act.
796
Continuation of particular local government resolutions
A resolution of a local government under repealed IPA,
section 2.5B.75, to make and levy a charge in relation to a
structure plan and in effect immediately before the
commencement continues in effect and is taken to be a
resolution under section 144 of this Act.
797
Master plans prevail over conditions of rezoning
approvals under the repealed LGP&E Act
A master plan under this Act prevails to the extent the plan is
inconsistent with a condition—
Page 526
(a)
of an approval given under the repealed LGP&E Act,
section 4.4(5); or
(b)
decided under the repealed LGP&E Act, section
2.19(3).
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 798]
Division 5
798
Designation of community infrastructure
(1)
(2)
799
Provisions for designations of
community infrastructure
A designation of land for community infrastructure under
repealed IPA that is in effect immediately before the
commencement—
(a)
continues as a designation under chapter 5 of this Act;
and
(b)
is taken to have had effect on the day it had effect under
repealed IPA.
A notice given under repealed IPA, section 2.6.15(1)(e) about
a designation mentioned in subsection (1) before the
commencement continues in effect and is taken to be a notice
given under section 215(1)(e) of this Act.
Designation of land under repealed IPA
(1)
If immediately before the commencement a Minister has
started the process under repealed IPA, chapter 2, part 6 to
designate land, the Minister may continue the designation
under repealed IPA as if this Act had not commenced.
(2)
The designation of the land is taken to be a designation by the
Minister under chapter 5 of this Act.
(3)
For this Act, a notice given by the Minister under repealed
IPA, section 2.6.8(1)(b), in relation to the designation has
effect as if it were a notice given under section 208(1)(b) of
this Act.
(4)
If under repealed IPA an amendment of a local government’s
planning scheme is continuing for the purpose of the local
government designating land, repealed IPA, section 2.6.13
continues to apply in relation to the proposed amendment.
Current as at 19 December 2014
Page 527
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 800]
800
Continuing request to acquire designated land under
repealed IPA
(1)
This section applies if, under repealed IPA, section 2.6.19, a
person has asked a Minister or local government to buy an
interest in land and the request has not been decided before
the commencement.
(2)
The Minister or local government must continue to deal with
and decide the request under repealed IPA.
(3)
For subsection (2), repealed IPA, sections 2.6.19 to 2.6.25,
apply as if this Act had not commenced.
Division 6
801
Provisions for integrated
development assessment system
Continuing effect of development approvals
(1)
A development approval under repealed IPA that is in force
immediately before the commencement continues as a
development approval under this Act.
(2)
For this Act, a development approval continued in force under
subsection (1) is taken to have had effect on the day it had
effect under repealed IPA.
802
Development applications under repealed IPA
(1)
This section applies to a development application made under
repealed IPA, but not decided, before the commencement (an
existing application).
(2)
For dealing with and deciding the application, repealed IPA
continues to apply as if this Act had not commenced.
(3)
For repealed IPA, section 3.3.15(2), a referral agency for the
application may also give the weight it considers appropriate
to any laws, planning schemes, policies and codes of a type
mentioned in repealed IPA, section 3.3.15(1), made under this
Act and coming into effect after the application was made.
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[s 803]
(4)
(5)
(6)
(7)
803
For repealed IPA, section 3.5.6(2), an assessment manager for
the application may also give the weight it considers
appropriate to a code, planning instrument, law or policy
made under this Act and coming into effect after the
application was made, but—
(a)
before the day for the decision stage for the application
under repealed IPA started; or
(b)
if the decision stage is stopped—before the day the
decision stage is restarted.
To remove any doubt, it is declared that—
(a)
any requirement or restriction on the making or deciding
of the application applying under repealed IPA or
another Act as in force before the commencement
continues to apply in relation to the application to the
extent it would have applied before the commencement;
and
(b)
repealed IPA, chapter 3, part 7 continues to apply in
relation to a development permit given for the
application.
Despite subsection (2)—
(a)
repealed IPA, section 3.2.4 does not apply to the
application; and
(b)
chapter 6, part 11 of this Act applies to the application.
If a development approval is given under repealed IPA in
relation to the application, it is taken to be a development
approval given under this Act.
Dealing with existing applications under other Acts
(1)
This section applies if, after the commencement, a reference
in another Act to the Sustainable Planning Act 2009 or a
provision of the Sustainable Planning Act 2009 relates to a
development application.
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[s 804]
(2)
804
For dealing with and deciding an existing application under
repealed IPA, and carrying out any action under the other Act
in relation to the application, the other Act as in force before
the commencement continues to apply.
Continuing application of repealed IPA, s 5.1.25(1)
(1)
This section applies to a development application made under
repealed IPA if an acknowledgement notice was given for the
application under that Act before the commencement, other
than under repealed IPA, section 3.2.4.
(2)
Repealed IPA, section 5.1.25(1) continues to apply in relation
to a development approval given for the application as if this
Act had not commenced.
805
Request about application of superseded planning
schemes
(1)
This section applies if a planning scheme or amendment of a
planning scheme creating a superseded planning scheme took
effect under repealed IPA before the commencement.
(2)
Section 95 applies to a request mentioned in that section in
relation to the superseded planning scheme as if the reference
in section 95(2) to within 1 year were a reference to within 2
years.
(3)
Section 99(2) applies to a development application
(superseded planning scheme) made in relation to the request
as if the reference in section 99(2) to 6 months were a
reference to 20 business days.
806
Particular acknowledgement notices
(1)
This section applies to a person given an acknowledgement
notice under repealed IPA, section 3.2.5(1)(a) before or after
the commencement.
(2)
The person may, under section 98(2) to (5) of this Act, ask a
local government to extend the period mentioned in repealed
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[s 807]
IPA, section 3.2.5(5) for the development to which the
acknowledgement notice relates.
(3)
807
Application of repealed IPA, ch 3, pt 5, div 4
(1)
Subsection (2) applies if—
(a)
an applicant has made representations about a decision
notice to an assessment manager under repealed IPA,
section 3.5.17 before the commencement; and
(b)
the assessment manager has not dealt with the
representations
under
that
section
on
the
commencement.
(2)
The assessment manager may continue to deal with the
representations under that section as if repealed IPA had not
been repealed.
(3)
Subsection (4) applies if—
(4)
808
For subsection (2), section 98(2) and (5) apply as if the
reference in the subsections to subsection (1) were a reference
to repealed IPA, section 3.2.5(5).
(a)
within 20 business days before the commencement an
applicant has given an assessment manager a notice
under repealed IPA, section 3.5.18(1) suspending the
applicant’s appeal period for a decision notice; and
(b)
on the commencement the applicant has not made
representations about the decision notice to the
assessment manager under repealed IPA, section 3.5.17.
Repealed IPA, chapter 3, part 5, division 4 continues to apply
in relation to the decision notice as if repealed IPA had not
been repealed.
Preliminary approvals under repealed IPA
(1)
This section applies to a preliminary approval to which
repealed IPA, section 3.1.6 applies, whether the approval was
given under repealed IPA before the commencement or after
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the commencement for a development application made
before the commencement.
(2)
The preliminary approval is taken to be a preliminary
approval to which section 242 applies.
(3)
Section 342(1) to (3) applies to the preliminary approval.
(4)
Section 343 does not apply to the preliminary approval.
809
Requests to extend period under repealed IPA, s 3.5.21
(1)
This section applies to a request made under repealed IPA,
section 3.5.22, and not decided, before the commencement.
(2)
For dealing with and deciding the request, repealed IPA,
sections 3.5.22 and 3.5.23 continue to apply as if this Act had
not commenced.
(3)
However, a decision on the request under repealed IPA,
section 3.5.23 is taken to be a decision on a request under
chapter 6, part 8, division 5 of this Act.
810
Changing development approvals under repealed IPA
(1)
Subsection (2) applies to a request to change a development
approval made under repealed IPA, section 3.5.24, and not
decided, before the commencement.
(2)
For dealing with and deciding the request, repealed IPA,
sections 3.5.24 and 3.5.25 continue to apply as if this Act had
not commenced.
(3)
Subsection (4) applies to a request to change or cancel a
condition of a development approval made under repealed
IPA, section 3.5.33, and not decided, before the
commencement.
(4)
For dealing with and deciding the request, repealed IPA,
section 3.5.33 continues to apply as if this Act had not
commenced.
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[s 811]
811
812
813
(5)
Subsection (6) applies to a notice given under repealed IPA,
section 3.5.33A(7) (the first notice) if, before the
commencement, notice under repealed IPA, section
3.5.33A(9) had not been given in relation to the first notice.
(6)
On the commencement, the first notice is taken to be a notice
given under section 378(7) of this Act and may continue to be
dealt with under section 378.
Request to cancel development approval
(1)
This section applies to a request to cancel a development
approval that was made but not finally dealt with under
repealed IPA, section 3.5.26 before the commencement.
(2)
For dealing with the request, repealed IPA, section 3.5.26
continues to apply as if this Act had not commenced.
(3)
The cancellation of the development approval under repealed
IPA, section 3.5.26 has effect as if the approval were cancelled
under section 381 of this Act.
Particular condition of development approvals
(1)
This section applies if a condition of a development approval
given under repealed IPA before or after the commencement
requires, for a matter prescribed under section 3.5.31A of that
Act, a document or work to be assessed for compliance with a
condition.
(2)
Repealed IPA, section 3.5.31A and any regulation under that
section in force immediately before the commencement
continue to apply for the assessment.
Continuation of agreements under repealed IPA, s 3.5.34
An agreement entered into under repealed IPA, section 3.5.34
in relation to a condition of a development approval continues
to have effect and is taken to be an agreement entered into
under section 348 of this Act.
Current as at 19 December 2014
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814
Directions and call in powers under repealed IPA
(1)
Repealed IPA, chapter 3, part 6, division 1 continues to apply
in relation to a direction given by the Minister under the
division before the commencement.
(2)
Repealed IPA, chapter 3, part 6, division 2 continues to apply
in relation to a notice given to the assessment manager under
the division before the commencement.
815
Continuing effect of repealed IPA, ch 3, pt 7
(1)
(2)
This section applies to a development permit given under
repealed IPA before the commencement if the permit—
(a)
authorises the reconfiguring of a lot; or
(b)
includes a condition requiring a plan for reconfiguring a
lot to be submitted to a local government.
Repealed IPA, chapter 3, part 7 continues to apply in relation
to the development permit.
Division 7
Provisions for appeals and
enforcement
Subdivision 1
Planning and Environment Court
816
Appointments of judges continue
A judge of the District Court notified by gazette notice under
repealed IPA, section 4.1.8 as a judge who constituted the
court before the commencement is, until a further notice is
gazetted under section 443, a judge who, on and from the
commencement, constitutes the court.
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[s 817]
817
818
819
Rules of court and directions continue
(1)
The rules of court in force immediately before the
commencement continue in force on and after the
commencement as if they were made under section 445.
(2)
A direction issued by the Chief Judge of the District Court
under repealed IPA, section 4.1.11(2) and in force
immediately before the commencement continues in force on
and after the commencement as if it were issued under section
446(2).
Proceedings for declarations
(1)
A proceeding started before the court under repealed IPA,
section 4.1.21 and not finished on the commencement may be
continued and completed by the court under repealed IPA as if
this Act had not commenced.
(2)
A person may bring a proceeding in the court for a declaration
under repealed IPA, section 4.1.21 after the commencement in
relation to any of the following for which the person could
have brought a proceeding if this Act had not commenced—
(a)
a matter done, to be done or that should have been done,
for repealed IPA;
(b)
the construction of repealed IPA.
(3)
Despite subsection (2), repealed IPA, sections 4.1.5A and
4.1.23(2)(a) do not apply in relation to a proceeding
mentioned in the subsection.
(4)
A decision of the court in a proceeding mentioned in
subsection (2) is taken to be a decision under this Act for the
purposes of an appeal to the Court of Appeal under chapter 7,
part 1, division 14.
Appeals to court—generally
(1)
Subsection (2) applies if—
Current as at 19 December 2014
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[s 819]
(a)
a person has appealed to the court under repealed IPA,
or repealed IPA as applied under another Act, before the
commencement; and
(b)
the appeal has
commencement.
not
been
decided
before
the
(2)
The court must hear, or continue to hear, and decide the
appeal under repealed IPA, or repealed IPA as applied under
the other Act, as if this Act had not commenced.
(3)
Subsection (4) applies if—
(a)
immediately before the commencement a person could
have appealed to the court under repealed IPA, or
repealed IPA as applied under another Act; and
(b)
the person has not appealed before the commencement.
(4)
The person may appeal, and the court must hear and decide
the appeal under repealed IPA, or repealed IPA as applied
under the other Act, as if this Act had not commenced.
(5)
Subsection (6) applies if a person could have appealed to the
court under repealed IPA about a following matter if this Act
had not commenced—
(a)
a matter relating to a development application or a
master plan application made before the commencement
that is continuing to be dealt with under repealed IPA
after the commencement;
(b)
a decision made under repealed IPA after the
commencement on a request—
(i)
under repealed IPA, section 2.6.19; or
(ii) for an extension of a period mentioned in repealed
IPA, section 3.5.21; or
(iii) to make a minor change to a development
approval; or
(iv) to change or cancel a condition of a development
approval;
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 820]
820
(c)
a decision given in a notice under repealed IPA, section
6.1.44 after the commencement to change or cancel a
condition of a development approval;
(d)
a deemed refusal of a request mentioned in paragraph
(b) and made before the commencement;
(e)
a decision made after the commencement on an
application to change the conditions attached to an
approval given under the repealed LGP&E Act, section
2.19(3) or 4.4;
(f)
a decision made before or after the commencement
about an assessment mentioned in repealed IPA, section
3.5.31A;
(g)
a decision made under repealed IPA, section 5.4.8 or
5.5.3 after the commencement.
(6)
The person may appeal, and the court must hear and decide
the appeal under repealed IPA as if this Act had not
commenced.
(7)
Despite subsections (4) and (6), repealed IPA, sections 4.1.5A
and 4.1.23(2)(a) do not apply in relation to a proceeding for an
appeal mentioned in the subsections.
(8)
A decision of the court on an appeal mentioned in this section
is taken to be a decision under this Act for the purposes of an
appeal to the Court of Appeal under chapter 7, part 1, division
14.
Proceedings for particular declarations and appeals
(1)
If, in a proceeding for a declaration mentioned in section
818(2) or an appeal mentioned in section 819(4) or (6), the
court finds a provision of repealed IPA, or another Act in its
application to repealed IPA, has not been complied with or has
not been fully complied with, the court may deal with the
matter in the way the court considers appropriate.
Current as at 19 December 2014
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[s 821]
(2)
For a proceeding for a declaration mentioned in section
818(2) or an appeal mentioned in section 819(4) or (6),
section 457(2)(a) applies.
(3)
To remove any doubt, it is declared that subsection (1) applies
in relation to a development application that has lapsed or is
not a properly made application.
821
Application of repealed IPA, s 4.1.52
(1)
This section applies for an appeal to the court under repealed
IPA.
(2)
For deciding the appeal, repealed IPA, section 4.1.52(2)
applies—
822
(a)
as if the reference in repealed IPA, section 4.1.52(2)(a)
to new laws and policies included any laws and policies
coming into effect after the commencement; and
(b)
as if the reference in repealed IPA, section 4.1.52(2)(b)
to a minor change were a reference to a minor change as
defined under this Act.
Appeals to Court of Appeal
(1)
Subsection (2) applies if—
(a)
a person has appealed to the Court of Appeal under
repealed IPA before the commencement; and
(b)
the appeal has
commencement.
not
been
decided
before
the
(2)
The Court of Appeal may hear, or continue to hear, and decide
the appeal under repealed IPA as if this Act had not
commenced.
(3)
Subsection (4) applies if—
(a)
Page 538
immediately before the commencement a person could
have appealed to the Court of Appeal under repealed
IPA; and
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 823]
(b)
(4)
the person has not appealed before the commencement.
The person may appeal, and the Court of Appeal may hear
and decide the appeal under repealed IPA as if this Act had
not commenced.
Subdivision 2
823
824
Building and development tribunals
Establishment of tribunal under repealed IPA
(1)
A tribunal established under repealed IPA for a matter before
the commencement continues in existence for hearing and
deciding the matter.
(2)
If a tribunal mentioned in subsection (1) had not started
hearing the matter before the commencement, the tribunal
may hear and decide the matter under repealed IPA.
Continuation of appointment as general or aesthetics
referee
(1)
This section applies to a person who, immediately before the
commencement, is a general referee or aesthetics referee
appointed under repealed IPA, chapter 4, part 2, division 7.
(2)
On the commencement, the person is taken to be a general
referee or aesthetics referee appointed under chapter 7, part 2,
division 10 of this Act.
(3)
The person’s term of appointment ends on the day it would
have ended if this Act had not commenced, unless the
appointment is sooner cancelled.
(4)
Despite subsection (2), the person also continues as a general
referee or aesthetics referee for a proceeding under repealed
IPA after the commencement.
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 825]
825
Continuation of appointment as registrar or other officer
(1)
This section applies to a person who, immediately before the
commencement, is a registrar of building and development
tribunals, or other officer, appointed under repealed IPA,
section 4.2.8.
(2)
On the commencement, the person is taken to be a registrar of
building and development committees, or other officer,
appointed under section 509 of this Act.
(3)
Despite subsection (2), the person also continues as a registrar
of building and development tribunals, or other officer, for a
proceeding under repealed IPA after the commencement.
826
Application of ch 7, pt 2, div 3
Despite any other provision of this part, chapter 7, part 2,
division 3 does not apply in relation to a development
application made under repealed IPA before the
commencement.
827
Appeals to tribunals
(1)
Subsection (2) applies if—
(a)
a person has appealed to a tribunal under repealed IPA
before the commencement; and
(b)
the appeal has
commencement.
not
been
decided
before
the
(2)
The tribunal must hear, or continue to hear, and decide the
appeal under repealed IPA as if this Act had not commenced.
(3)
Subsection (4) applies if—
Page 540
(a)
immediately before the commencement a person could
have appealed to a tribunal under repealed IPA; and
(b)
the person has not appealed before the commencement.
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 828]
(4)
The person may appeal, and a tribunal must hear and decide
the appeal, under repealed IPA as if this Act had not
commenced.
(5)
Subsection (6) applies if a person could have appealed to a
tribunal under repealed IPA about a following matter if this
Act had not commenced—
(a)
a matter relating to a development application made
before the commencement that is continuing to be dealt
with under repealed IPA after the commencement;
(b)
a decision made under repealed IPA after the
commencement on a request—
(i)
for an extension of a period mentioned in repealed
IPA, section 3.5.21; or
(ii) to make a minor change to a development
approval; or
(iii) to change or cancel a condition of a development
approval;
(c)
828
a decision given in a notice under repealed IPA, section
6.1.44 after the commencement to change or cancel a
condition of a development approval.
(6)
The person may appeal, and a tribunal must hear and decide
the appeal, under repealed IPA as if this Act had not
commenced.
(7)
A decision of the tribunal is taken to be a decision of a
building and development committee under this Act for the
purposes of an appeal to the court under section 479.
Application of repealed IPA, s 4.2.33
(1)
This section applies for an appeal to a tribunal under repealed
IPA.
(2)
Section 4.2.33 of that Act applies as if the reference in the
section to new laws and policies included any laws and
policies coming into effect after the commencement.
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 829]
Subdivision 3
829
Show cause notices and
enforcement notices
Show cause notices
(1)
Subsection (2) applies to a show cause notice given to a
person by an assessing authority under repealed IPA, section
4.3.9 before the commencement.
(2)
The show cause notice continues to have effect as if repealed
IPA had not been repealed and is taken to be a show cause
notice under this Act.
(3)
An assessing authority may act under section 588 as if the
reference in that section to a development offence included a
reference to a development offence under repealed IPA.
830
Enforcement notices
(1)
An enforcement notice given to a person under repealed IPA,
section 4.3.11 before the commencement continues in effect
and is taken to be an enforcement notice given under section
590.
(2)
An assessing authority may act under section 590 as if a
reference in that section to a development offence included a
reference to a development offence under repealed IPA.
Subdivision 4
831
Legal proceedings
Proceedings for offences, and orders
(1)
A proceeding for an offence against a provision of repealed
IPA under chapter 4, part 3, division 4 or chapter 4, part 4 of
that Act may be continued under that Act as if this Act had not
commenced.
(2)
If, immediately before the commencement, a proceeding for
an offence against a provision of repealed IPA, chapter 4, part
Page 542
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 832]
3, division 4 or chapter 4, part 4 could have been started under
that Act, the proceeding may be started under this Act.
(3)
832
An order mentioned in repealed IPA, section 4.3.20, 4.4.5(2)
or 4.4.6(2) and in force immediately before the
commencement continues in force as if the order were made
under this Act.
Enforcement orders of the court
(1)
A proceeding under repealed IPA, chapter 4, part 3, division 5
may be continued under that Act as if this Act had not
commenced.
(2)
If, immediately before the commencement, a proceeding
could have been started under repealed IPA, chapter 4, part 3,
division 5, the proceeding may be started under this Act.
(3)
An enforcement order or interim enforcement order made
under repealed IPA continues in force as if the order were
made under this Act.
Division 8
Provisions about infrastructure
Subdivision 1
Preliminary
833
Charges for infrastructure
(1)
This section applies if an infrastructure charge, regulated
infrastructure charge or regulated State infrastructure charge
is payable under an infrastructure charges notice, regulated
infrastructure charges notice or regulated State infrastructure
charges notice given under repealed IPA before the
commencement.
(2)
The notice is taken to be an infrastructure charges notice,
regulated infrastructure charges notice or regulated State
infrastructure charges notice under this Act.
Current as at 19 December 2014
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[s 835]
Subdivision 2
835
Infrastructure planning and funding
Continuing effect of priority infrastructure plans
(1)
On the commencement, a priority infrastructure plan under
repealed IPA is taken to be a priority infrastructure plan under
this Act.
(2)
If immediately before the commencement a local government
has started the process under repealed IPA to prepare a
priority infrastructure plan, the local government may
continue preparing the plan under repealed IPA as if this Act
had not commenced.
(3)
A priority infrastructure plan mentioned in subsection (2) and
prepared under repealed IPA is taken to be a priority
infrastructure plan made under this Act.
836
Infrastructure charges schedules
(1)
On the commencement, an infrastructure charges schedule
under repealed IPA is taken to be an infrastructure charges
schedule under this Act.
(2)
If immediately before the commencement a local government
has started the process under repealed IPA to prepare or
amend an infrastructure charges schedule, the local
government may continue to prepare or amend the
infrastructure charges schedule under repealed IPA as if this
Act had not commenced.
(3)
An infrastructure charges schedule or amendment mentioned
in subsection (2) and made under repealed IPA is taken to be
an infrastructure charges schedule or amendment made under
this Act.
837
Regulated infrastructure charges schedules
(1)
Page 544
A regulated infrastructure charges schedule in effect under
repealed IPA immediately before the commencement is taken
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 838]
to be a regulated infrastructure charges schedule under this
Act.
838
(2)
If immediately before the commencement a local government
has started the process under repealed IPA to adopt a regulated
infrastructure charges schedule, the local government may
continue the process under repealed IPA as if this Act had not
commenced.
(3)
A regulated infrastructure charges schedule mentioned in
subsection (2) and adopted under repealed IPA is taken to be a
regulated infrastructure charges schedule adopted under this
Act.
Continued application of particular provisions about
charges
Repealed IPA, sections 5.1.10, 5.1.11, 5.1.20 and 5.1.21
continue to apply in relation to an infrastructure charge or
regulated infrastructure charge levied and collected under that
Act before the commencement.
839
Application of ch 8, pt 4
Chapter 8, part 4 applies to a following notice given under
repealed IPA as if the notice were given under this Act—
(a)
an infrastructure charges notice;
(b)
a regulated infrastructure charges notice;
(c)
a regulated State infrastructure charges notice.
Subdivision 3
840
Infrastructure agreements
Infrastructure agreements
An infrastructure agreement in force under repealed IPA
immediately before the commencement continues to have
Current as at 19 December 2014
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[s 841]
effect and is binding on the parties to the agreement as if it
were an infrastructure agreement under this Act.
Subdivision 4
841
Funding of State infrastructure in
master planned areas
Regulated State infrastructure charges schedules and
agreements
(1)
On the commencement, a regulated State infrastructure
charges schedule under repealed IPA is taken to be a regulated
State infrastructure charges schedule under this Act.
(2)
An agreement in force under repealed IPA, section 5.3.8
immediately before the commencement continues to have
effect and is binding on the parties to the agreement as if it
were an agreement under section 673.
Division 9
842
Provisions about matters under
repealed IPA, chapter 5
Claims for compensation
(1)
Subsection (2) applies if, before the commencement—
(a)
a person has made a claim for compensation under
repealed IPA, section 5.4.2, 5.4.3, 5.4.5 or 5.5.3 to a
local government or assessment manager; and
(b)
the claim has not been decided.
(2)
The local government or assessment manager may decide the
claim under repealed IPA as if this Act had not commenced.
(3)
Subsection (4) applies
commencement—
(a)
Page 546
if,
immediately
before
the
a person had a right to claim compensation under
repealed IPA, section 5.4.2, 5.4.3, 5.4.5 or 5.5.3; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 843]
(b)
843
844
the person had not exercised the right.
(4)
The person may exercise the right within the period stated
under repealed IPA for exercising the right.
(5)
Subsection (6) applies if, before or after the commencement, a
person is given an acknowledgement notice under repealed
IPA, section 3.2.5(1)(b) or (3)(b) for a development
application (superseded planning scheme) decided after the
commencement.
(6)
Any right a person may have to claim compensation under
repealed IPA, section 5.4.2 in relation to the development
application (superseded planning scheme) continues as if this
Act had not commenced.
(7)
A claim for compensation in relation to a right mentioned in
subsection (4) or (6) may be dealt with under repealed IPA as
if this Act had not commenced.
Keeping particular documents
(1)
A document required to be kept by an entity for inspection
and purchase under repealed IPA, chapter 5, part 7 or section
6.1.48 must be kept available by the entity for inspection and
purchase under this Act.
(2)
A document required to be kept by an entity for inspection
only under repealed IPA, chapter 5, part 7 must be kept
available by the entity for inspection under this Act.
Planning and development certificates
(1)
Subsection (2) applies to an application for a planning and
development certificate made under repealed IPA, but not
decided, before the commencement.
(2)
For dealing with and deciding the application, repealed IPA
continues to apply as if this Act had not commenced.
Current as at 19 December 2014
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[s 845]
(3)
845
A planning and development certificate given under repealed
IPA, whether before or after the commencement, is taken to be
a planning and development certificate under this Act.
Delegations
A delegation made before the commencement that is
necessary to give effect to this part continues to have effect on
and after the commencement until specifically withdrawn by
the person who gave the delegation.
846
Guidelines
A guideline issued by the chief executive under repealed IPA,
section 5.9.9(1)(a) or (b) and in effect immediately before the
commencement continues in effect and is taken to be a
guideline made by the chief executive under section 760.
Division 10
847
Provisions about matters under
repealed IPA, chapter 6
Planning scheme policies for infrastructure
(1)
This section applies if, immediately before the
commencement, a local government has an existing planning
scheme that includes a planning scheme policy about
infrastructure prepared under repealed IPA, section 6.1.20.
(2)
An infrastructure contribution mentioned in the policy may
apply to development infrastructure—
Page 548
(a)
despite section 82—that is not within, or completely
within, the local government’s area; or
(b)
that is not owned by the local government, if the owner
of the infrastructure agrees; or
(c)
supplied by a local government on a State-controlled
road.
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 848]
(3)
The infrastructure contribution must be for a development
infrastructure network that services, or is planned to service,
premises and is identified in the policy.
(4)
The infrastructure contribution required under the policy may
be calculated—
(5)
in the way permitted under the repealed LGP&E Act; or
(b)
as if it were an infrastructure charge under this Act.
If the planning scheme policy requires an infrastructure
contribution for works for the local function of a
State-controlled road, the contribution must be—
(a)
separately accounted for; and
(b)
used to provide works on a State-controlled road.
(6)
However, if the local government has an infrastructure
charges plan, an infrastructure charges schedule or a regulated
infrastructure charges schedule (a relevant instrument) and
there is an inconsistency between the planning scheme policy
and a relevant instrument, the relevant instrument prevails to
the extent of the inconsistency.
(7)
This section applies despite section 114.
(8)
A planning scheme policy mentioned in subsection (1) ceases
to have effect on—
(9)
848
(a)
(a)
generally—30 June 2010; or
(b)
if the Minister, by gazette notice, nominates a later day
for the planning scheme—the later day.
Despite subsection (8), a requirement under this section about
an infrastructure contribution required under the planning
scheme policy before the day it ceases to have effect continues
to apply.
Conditions about infrastructure for particular
applications
(1)
Subsection (2) applies if—
Current as at 19 December 2014
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(2)
(3)
(a)
a local government is deciding a development
application under an existing planning scheme; and
(b)
the local government has a planning scheme policy
about infrastructure prepared under repealed IPA,
section 6.1.20.
For deciding the aspect of the application relating to the
planning scheme policy—
(a)
chapter 8, part 1 does not apply; and
(b)
section 347(1)(b) does not apply; and
(c)
the local government may impose a condition on the
development approval requiring land, works or a
contribution towards the cost of supplying
infrastructure, including parks, under the planning
scheme policy.
However—
(a)
if a condition imposed under subsection (2)(c) is
inconsistent with an infrastructure agreement for
supplying the infrastructure, to the extent of the
inconsistency, the agreement prevails; or
(b)
if the application is being decided under an existing
planning scheme, subsection (2) applies only until—
(i)
30 June 2010; or
(ii) if the Minister, by gazette notice, nominates a later
day for the planning scheme—the later day.
(4)
(5)
Page 550
Subsection (5) applies—
(a)
if the planning scheme policy provides for the
contribution mentioned in subsection (2)(c) to be
adjusted or increased; and
(b)
despite the planning scheme policy.
The amount of the contribution may only be adjusted or
increased, for the relevant period, by not more than an amount
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 849]
representing the increase in the consumer price index for the
relevant period.
(6)
In this section—
consumer price index means the all groups consumer price
index for Brisbane published by the Australian Statistician.
relevant period, in relation to a development approval, means
the period starting on the day the approval comes into effect
and ending on the day the contribution amount payable under
a condition of the approval is to be paid.
849
Appeals about infrastructure contributions
(1)
This section applies to a person who—
(a)
under section 847 or repealed IPA, section 6.1.20, is
required to pay an infrastructure contribution under a
planning scheme policy; and
(b)
is dissatisfied with the calculation of the amount of the
contribution.
(2)
The person may appeal to a building and development
committee about an error in the calculation of the amount.
(3)
An appeal under this section must be started within 20
business days after the day the person is given written notice
of the requirement.
(4)
The registrar of building and development committees must,
within 10 business days after the appeal is started, give written
notice of the appeal to the assessment manager.
(5)
The assessment manager is the respondent for the appeal.
(6)
For an appeal under this section, chapter 7, part 2, divisions 8
and 9 apply with all necessary changes.
(7)
To remove any doubt, it is declared that an appeal under this
section can not be about the methodology used to establish the
amount of the infrastructure contribution.
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 850]
850
Conditions attaching to land
(1)
This section applies to a condition mentioned in repealed IPA,
section 6.1.24(2) that, under that section, attaches to land and
is binding on successors in title.
(2)
On and from the commencement, the condition remains
attached to the land and is binding on successors in title.
851
Applications in progress under transitional planning
schemes
(1)
(2)
Page 552
This section applies to a following application to which
repealed IPA, section 6.1.28, 6.1.29, 6.1.30, 6.1.30A or 6.1.32
as in force on the commencement (the repealed sections)
would have applied if this Act had not commenced—
(a)
an existing application;
(b)
a development application (superseded planning
scheme), if the superseded planning scheme for the
application is a transitional planning scheme under
repealed IPA, chapter 6, part 1.
To remove any doubt, it is declared that—
(a)
the repealed sections continue to apply for dealing with
and deciding the application as if this Act had not
commenced; and
(b)
a reference in repealed IPA, section 6.1.29(3) to a
planning scheme policy or a State planning policy
includes a reference to a planning scheme policy or a
State planning policy made under this Act; and
(c)
for assessing an application to which repealed IPA,
section 6.1.29 applies—repealed IPA, sections 6.4.1 and
6.8.10 continue to apply as if this Act had not
commenced.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 852]
852
853
Applications to change conditions of rezoning approvals
under repealed LGP&E Act
(1)
This section applies if a person wants to change the conditions
attached to an approval given under the repealed LGP&E Act,
section 2.19(3)(a) or 4.4(5).
(2)
The person may make a development application to achieve
the change.
(3)
On and from the commencement, the person can not apply
under the repealed LGP&E Act, section 4.3(1) or 4.15(1) to
change the conditions.
(4)
However, if before the commencement an application under
the repealed LGP&E Act, section 4.3(1) or 4.15(1) to change
the conditions had been made but not decided, the application
must be processed by the local government as if the repealed
LGP&E Act had not been repealed.
Development approvals prevail over conditions of
rezoning approvals under repealed LGP&E Act
A development approval given under this Act or repealed IPA
prevails, to the extent the approval is inconsistent with a
condition—
854
(a)
of an approval given under the repealed LGP&E Act,
section 4.4(5); or
(b)
decided under the repealed LGP&E Act, section
2.19(3).
Notice under repealed IPA, s 6.1.44
(1)
This section applies if, before the commencement, an entity
has given a person a notice under repealed IPA, section
6.1.44(4) about a condition of a development approval but has
not given a notice under section 6.1.44(6) of that Act in
relation to the condition.
(2)
Repealed IPA, section 6.1.44 continues to apply for the
development approval.
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 855]
855
Infrastructure agreements
(1)
An infrastructure agreement made under the repealed LGP&E
Act, part 6, division 2 that, immediately before the
commencement, was in effect and was binding on the parties
to the agreement continues in effect and continues to be
binding on the parties as if the repealed LGP&E Act had not
been repealed.
(2)
If an infrastructure agreement mentioned in subsection (1) or
made under repealed IPA contains permission criteria
inconsistent with a regulation made under section 250(a) or
251(a) of this Act, to the extent of the inconsistency the
agreement prevails.
(3)
In this section—
permission criteria means criteria under any of the
following—
(a)
for an agreement—
(i)
mentioned in subsection (1)—the Transport
Infrastructure Act 1994, section 40, as in force
immediately before 1 December 1999; or
(ii) made under repealed IPA—the
Infrastructure Act 1994, section 40;
(b)
856
Transport
the Transport Operations (Passenger Transport) Act
1994, section 145(4), as in force before 19 September
2005.
Rezoning agreements under previous Acts
(1)
This section applies to an agreement made for securing the
conditions of a rezoning approval if the conditions did not
attach to the land the subject of the approval and bind
successors in title.
(2)
To the extent the agreement was validly made, still has effect
and is not inconsistent with a condition of a development
approval or master plan, nothing in the repealed LGP&E Act,
repealed IPA or this Act affects the agreement.
Page 554
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 857]
(3)
If—
(a)
an assessment manager is imposing a condition under
this Act about infrastructure; or
(b)
a coordinating agency or the local government is
proposing to include a condition about infrastructure in
a proposed master plan; or
(c)
a local government is fixing an infrastructure charge
under chapter 8, part 1; or
(d)
a coordinating agency or State infrastructure provider is
giving a regulated State infrastructure charges notice;
any amount relating to infrastructure that has been paid, or is
payable, under the agreement must be taken into account.
(4)
In this section—
rezoning approval means an approval—
857
(a)
given under the repealed LGP&E Act, section 4.4(5); or
(b)
decided under the repealed LGP&E Act, section
2.19(3).
Development control plans under repealed LGP&E Act
(1)
This section applies to a development control plan if—
(a)
the plan is included in an existing planning scheme
under repealed IPA, section 6.1.45A; and
(b)
a statement in the existing planning scheme identifies
the area of a development control plan included in the
scheme.
(2)
The repealed LGP&E Act and the transitional planning
scheme and any transitional planning scheme policies under
repealed IPA continue to apply to the extent necessary to
administer the development control plan.
(3)
Repealed IPA, sections 6.1.28 to 6.1.30 apply for assessing
development applications in the development control plan
area.
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 857]
(4)
The development control plan may include or refer to codes or
other measures of the planning scheme.
(5)
To the extent the development control plan includes a process
for making and approving plans, however called, with which
development must comply in addition to, or instead of, the
planning scheme or provides for appeals against decisions
under the plan—
(a)
the development control plan is, and always has been,
valid; and
(b)
development under the development control plan must
comply with the plans in the way stated in the
development control plan; and
(c)
if the development control plan states that an appeal
may be made, and an appeal is made, the appeal is
validly made.
(6)
If the development control plan is changed after the
commencement in a way that, if repealed IPA and this Act
had not commenced, would have given rise to a claim for
compensation under the repealed LGP&E Act, the
compensation may be claimed as if repealed IPA and this Act
had not commenced.
(7)
Subsection (5) applies even if the process mentioned in the
subsection is inconsistent with chapter 6 or a guideline made
under section 117(1).
(8)
Subsection (9) also applies to a transitional planning scheme
under repealed IPA that includes the development control
plan.
(9)
The transitional planning scheme or the development control
plan may be amended under—
Page 556
(a)
the provisions of this Act relating to the process for
amending a planning scheme; or
(b)
a process mentioned in subsection (5) to the extent
stated in the development control plan.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 858]
(10)
(11)
858
A transitional planning scheme policy mentioned in
subsection (2) may be amended under—
(a)
the provisions of this Act relating to the process for
amending a planning scheme policy; or
(b)
a process mentioned in subsection (5) to the extent
stated in the development control plan.
If the development control plan is amended under subsection
(9), subsections (5) and (6) continue to apply to the plan.
Transition of validated planning documents to master
planning documents
(1)
This section applies to a development control plan,
transitional planning scheme, transitional planning scheme
policy or other plan (the validated planning document) to
which section 857 applies.
(2)
A State planning regulatory provision (the transitional
regulatory provision) may provide for—
(3)
(4)
(a)
the transition of the validated planning document to a
structure plan for a declared master planned area, and a
master plan or master plans for the area; and
(b)
any other matter related to the transition.
Without limiting subsection (2), the transitional regulatory
provision may provide for all or any of the following—
(a)
the identification of the master planned area for the
structure plan;
(b)
how the structure plan is made;
(c)
how master plans for the identified master planned area
are made, with or without approval;
(d)
infrastructure agreements relating to the identified
master planned area.
If the transition mentioned in subsection (2)(a) is made under
the transitional regulatory provision—
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 859]
(a)
the validated planning document ceases to have effect to
the extent provided for under the provision; and
(b)
section 857 ceases to apply for the validated planning
document.
(5)
This section applies despite chapter 2, part 2, chapter 4 and
section 857 to the extent provided for under the transitional
regulatory provision.
(6)
However, on the making of the transition, this Act applies to
the structure plan, the master planned area and any master
plan made under the transitional regulatory provision as if
they had been made under chapter 4.
(7)
Section 66(2) and (3) applies to a transitional regulatory
provision.
859
Local Government (Robina Central Planning Agreement)
Act 1992
Despite the repeal of the repealed LGP&E Act, the Local
Government (Robina Central Planning Agreement) Act 1992
applies as if the repealed LGP&E Act had not been repealed.
860
Town planning certificates may be used as evidence
In a proceeding, a town planning certificate issued under the
repealed LGP&E Act is evidence of the matters contained in
the certificate.
861
Orders in council about particular land
(1)
This section applies to—
(a)
Page 558
any orders in council made under the repealed Local
Government Act 1936, section 33(22A) or the repealed
City of Brisbane Town Planning Act 1964, section
7A(8), to the extent the orders are still in force
immediately before the commencement; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 862]
(b)
862
all orders in council made under the repealed LGP&E
Act, section 2.21(2)(c).
(2)
To remove any doubt, it is declared that all orders mentioned
in subsection (1) and still in force immediately before the
commencement continue in force as if the orders were
regulations made under this Act.
(3)
Any development lawfully undertaken on premises to which
an order in council mentioned in subsection (1) applied while
the premises were owned by the State is and always has been
lawful development, and any use of the premises that is a
natural and ordinary consequence of the development is a
lawful use.
(4)
Subsection (3) applies even though the premises may no
longer be owned by the State.
Application of repealed IPA, s 6.1.54
To remove any doubt, it is declared that, for dealing with and
deciding an existing application, repealed IPA, section 6.1.54
continues to apply as if that Act had not been repealed.
863
Provision for infrastructure charges plans
(1)
This section applies to an infrastructure charges plan
continued in effect as if it were an infrastructure charges
schedule under repealed IPA, section 6.2.5.
(2)
A reference in the planning scheme or the infrastructure
charges plan to—
(3)
(a)
the infrastructure charges plan is taken to be a reference
to an infrastructure charges schedule; and
(b)
infrastructure identified in the plan is taken to be a
reference to trunk infrastructure.
For section 650, an assumption about the type, scale, location
or timing of future development on which the plan is based
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 864]
has effect as if the assumption were stated in a priority
infrastructure plan.
(4)
If an infrastructure charges plan mentioned in subsection (1)
includes public parks infrastructure—
(a)
the infrastructure is taken to have been validly included
in the plan; and
(b)
any infrastructure charge levied under the plan is taken
to have been validly levied.
Division 11
864
Provisions for SEQ regional plan
Definitions for div 11
In this division—
former, for a provision mentioned in this division, means the
provision to which the reference relates is a provision of
repealed IPA as in force before 21 September 2007.
SEQ region means the area, including the area of any
Queensland waters, that comprised the SEQ region under
former section 2.5A.2 immediately before 11 September
2007.
SEQ regional plan means the instrument made by the
regional planning Minister under former section 2.5A.15(2) in
existence under repealed IPA immediately before 11
September 2007.
SEQ regional plan structure plan means a structure plan
under former section 2.5A.20(5).
865
References in SEQ regional plan and regulatory
provisions
(1)
Page 560
This section applies to a reference in the SEQ regional plan or
the regulatory provisions to a structure plan.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 866]
(2)
For this Act a reference to a structure plan is taken to be a
reference to an SEQ regional plan structure plan.
(3)
In this section—
regulatory provisions means the regulatory provisions under
former section 2.5A.12.
866
Structure plan
(1)
This section applies to a local government whose local
government area is in the SEQ region if—
(a)
the local government has resolved to prepare an SEQ
regional plan structure plan—
(i)
before 21 September 2007; or
(ii) if the regional planning Minister for the SEQ
region and the Minister approve the preparation of
the plan—after 21 September 2007; and
(2)
(3)
(b)
the local government has prepared the plan; and
(c)
the regional planning Minister has approved the plan;
and
(d)
on the commencement, the local government has not
started the process under repealed IPA to amend its
planning scheme to include the plan.
Despite any provision of a guideline made under section
117(1), the Minister must advise the local government that it
may—
(a)
adopt the plan as an amendment of its planning scheme;
or
(b)
adopt the plan as an amendment of its planning scheme,
but subject to compliance with conditions the Minister
may impose about the content of the proposed
amendment of its planning scheme.
If the local government adopts the plan as an amendment of
its planning scheme, section 706(1)(j) applies to the
Current as at 19 December 2014
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Part 2 Transitional provisions for Act No. 36 of 2009
[s 867]
amendment as if it were about a matter comprising a structure
plan for a declared master planned area.
Division 12
867
Miscellaneous
Provision for particular development applications—local
heritage places
(1)
Subsection (2) applies to a development application made
under repealed IPA that—
(a)
was made before 31 March 2008 (whether or not the
application was decided before 31 March 2008); and
(b)
was a properly made application.
(2)
For dealing with and deciding the application, repealed IPA,
schedule 8, part 1, table 5, item 2A as in force on or after 31
March 2008 does not apply to the application.
(3)
Subsection (4) applies to a development application made
under repealed IPA that—
(a)
was made after 30 March 2008 and before 11 December
2008 (whether or not the application was decided before
that day); and
(b)
was a properly made application.
(4)
For dealing with and deciding the application, repealed IPA,
schedule 8, part 1, table 5, item 2A as in force on or after 11
December 2008 applies to the application.
(5)
Subsection (2) applies despite repealed IPA, section 1.4.8.
868
Particular activities not a material change of use
Section 10(1), definition material change of use, paragraph (e)
does not apply to an activity carried out in connection with
operating a road tunnel ventilation shaft for the projects
known as Clem Jones Tunnel and Airport Link Project
described in the Coordinator-General’s reports for the EIS,
Page 562
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 2 Transitional provisions for Act No. 36 of 2009
[s 869]
and change reports, for the projects under the State
Development and Public Works Organisation Act 1971.
Editor’s note—
The Clem Jones Tunnel was formerly called the North-South Bypass
Tunnel.
869
Deferment of application of s 578 to particular material
changes of use
(1)
Section 578 does not apply to the carrying out of a material
change of use of premises mentioned in section 10(1),
definition material change of use, paragraph (d), until 1 year
after the commencement of that paragraph.
(2) Section 578 does not apply to the carrying out of a material
change of use of premises mentioned in section 10(1),
definition material change of use, paragraph (e), until 1 year
after the day the activity becomes an environmentally relevant
activity.
870
References to repealed IPA and other legislation
(1)
A reference in another Act or document to the Integrated
Planning Act 1997 may, if the context permits, be taken as a
reference to this Act.
(2)
A reference in another Act or document to a particular
provision of repealed IPA (the repealed provision) may, if the
context permits, be taken as a reference to any provision of
this Act, or a regulation made under this Act, all or part of
which corresponds, or substantially corresponds, to the
repealed provision.
(3)
Subsection (4) applies—
(a)
for a reference in this Act to the Local Government Act
2009 or a provision of that Act or a regulation made
under that Act (the local government reference); and
(b)
until the day the Local Government Act 2009, section
288 commences.
Current as at 19 December 2014
Page 563
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 3 Transitional provisions for Revenue and Other Legislation Amendment Act 2011
[s 872]
Note—
The Local Government Act 2009, section 288 repeals the Local
Government Act 1993.
(4)
The local government reference may, if the context permits,
be taken as a reference to the Local Government Act 1993 or
any provision of that Act, all or part of which corresponds or
substantially corresponds to the reference.
(5)
This section is subject to the other provisions of this part.
Part 3
872
Transitional provisions for
Revenue and Other Legislation
Amendment Act 2011
Definitions for pt 3
In this part—
chairperson, of a panel, means the person who, under the
repealed Iconic Places Act immediately before the
commencement, was the chairperson of the panel.
commencement means the day this part commences.
iconic places development application means a development
application to which the repealed Iconic Places Act, part 4,
division 3 applies immediately before the commencement.
panel means a panel established under the repealed Iconic
Places Act.
reference decision means a reference decision under the
repealed Iconic Places Act.
Page 564
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 3 Transitional provisions for Revenue and Other Legislation Amendment Act 2011
[s 873]
873
Dealing with iconic places development applications
(1)
Subsection (2) applies to an iconic places development
application if, before the commencement, the local
government for the application—
(a)
has not acted under the repealed Iconic Places Act,
section 44 or 45 for the application; or
(b)
has acted under the repealed Iconic Places Act, section
44 for the application, but a panel has not made a
reference decision for the application.
(2)
On the commencement, the repealed Iconic Places Act ceases
to apply to the application.
(3)
Subsection (4) applies to an iconic places development
application if, before the commencement—
(4)
(5)
(a)
a panel has made a reference decision for the
application; and
(b)
the reference decision is that the panel is to decide the
application instead of the local government for the
application; and
(c)
the application has not been decided by the local
government.
On the commencement—
(a)
the repealed Iconic Places Act ceases to apply to the
application; and
(b)
the local government may continue to decide the
application and give the decision notice for the
application.
Subsection (6) applies to an iconic places development
application if, before the commencement—
(a)
a panel has made a reference decision for the
application; and
Current as at 19 December 2014
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[s 874]
(b)
the reference decision is that the panel is to decide the
application instead of the local government for the
application; and
(c)
the application has been decided by the local
government; and
(d)
the panel—
(i)
has not decided the application under IDAS in
compliance with the repealed Iconic Places Act,
section 52; or
(ii) has decided the application under IDAS in
compliance with the repealed Iconic Places Act,
section 52, but has not given a decision notice for
the application.
(6)
874
On the commencement—
(a)
the repealed Iconic Places Act ceases to apply to the
application; and
(b)
the local government’s decision on the application is
taken to be the decision under IDAS for the application;
and
(c)
for this Act, the local government is taken to have made
the decision on the commencement.
Decisions of panels
(1)
(2)
Page 566
This section applies if, before the commencement—
(a)
a panel has given a decision notice for an iconic places
development application; and
(b)
the applicant has, under chapter 6, part 8, division 1,
made representations to the panel about the decision
notice; and
(c)
the panel has not given a negotiated decision notice for
the application.
For this Act—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 3 Transitional provisions for Revenue and Other Legislation Amendment Act 2011
[s 875]
(3)
875
876
the representations are taken to have been made to the
local government for the application; and
(b)
the local government must consider the representations
and make a decision about the representations under
chapter 6, part 8, division 1.
Despite section 876 and the repeal of the repealed Iconic
Places Act, the chairperson of the panel must, as soon as
practicable after the commencement, give the representations
to the local government.
Provision about appeals
(1)
This section applies for any appeal, under sections 461 to 464,
relating to an iconic places development application for which
a panel has given a decision notice or negotiated decision
notice.
(2)
Despite section 485, the Minister is the respondent for the
appeal.
(3)
The local government for the application may appeal to the
court as if it had been a submitter for the application.
(4)
Subsection (2) applies whether or not the appeal started before
the commencement.
Dissolution of panels
(1)
(2)
877
(a)
On the commencement—
(a)
each panel is dissolved; and
(b)
the members of each panel go out of office.
No compensation is payable to a member because of
subsection (1).
Responsible entity for development approvals
(1)
This section applies—
Current as at 19 December 2014
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Sustainable Planning Act 2009
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Part 4 Transitional provisions for Sustainable Planning (Housing Affordability and
Infrastructure Charges Reform) Amendment Act 2011
[s 878]
(2)
878
(a)
if a development approval is a decision notice or a
negotiated decision notice that is given by a panel; and
(b)
for chapter 6, part 8, division 2.
The local government for the development application to
which the approval relates is the responsible entity for a
change or approval mentioned in section 369(1)(e).
Panel’s report
(1)
This section applies despite section 876 and the repeal of the
repealed Iconic Places Act.
(2)
The chairperson of each panel must, as soon as practicable
after the commencement, give the Minister a written report
about the performance of the panel’s functions during the
financial year in which the panel was dissolved.
Part 4
879
Transitional provisions for
Sustainable Planning (Housing
Affordability and Infrastructure
Charges Reform) Amendment
Act 2011
Extended application of s 856 for adopted infrastructure
charge
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.
Page 568
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 4 Transitional provisions for Sustainable Planning (Housing Affordability and
Infrastructure Charges Reform) Amendment Act 2011
[s 880]
880
When local government must not levy particular charges
for infrastructure
(1)
(2)
(3)
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.
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.
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).
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 4 Transitional provisions for Sustainable Planning (Housing Affordability and
Infrastructure Charges Reform) Amendment Act 2011
[s 881]
881
Effect of local government resolution made before
commencement of amending Act
(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.
Page 570
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 5 Validation and transitional provisions for Sustainable Planning and Other Legislation
Amendment Act 2012
[s 882]
Part 5
Validation and transitional
provisions for Sustainable
Planning and Other Legislation
Amendment Act 2012
Division 1
Validation provision
882
Validation provision for applications and development
approvals under repealed IPA
(1)
Subsection (2) applies to a development application
(superseded planning scheme) made under repealed IPA
before 30 March 2006 if—
(a)
the application—
(i)
was made within 2 years after the day the planning
scheme, planning scheme policy or amendment of
the planning scheme, creating the superseded
planning scheme to which the application related
took effect; but
(ii) was not made within 2 years after the day the
planning scheme, planning scheme policy or
amendment of the planning scheme was adopted;
and
(b)
a development approval was given under repealed IPA
for the application.
(2)
The development application (superseded planning scheme) is
not invalid merely because it was not made within 2 years
after the day the planning scheme, planning scheme policy or
amendment of the planning scheme was adopted.
(3)
The development approval is not invalid merely because the
development application (superseded planning scheme) to
which it relates was not made within 2 years after the day the
planning scheme, planning scheme policy or amendment of
the planning scheme was adopted.
Current as at 19 December 2014
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Part 5 Validation and transitional provisions for Sustainable Planning and Other Legislation
Amendment Act 2012
[s 883]
Division 2
883
Provisions for chapter 8A
Definitions for div 2
In this division—
Milton Brewery means the brewery situated on lot 35 on plan
SL805565.
Editor’s note—
The address for the Milton Brewery is 185 Milton Road, Milton.
Milton rail precinct means the area called Milton rail precinct
shown on the map—
884
(a)
included as schedule 1 of the repealed Planning (Urban
Encroachment—Milton Brewery) Act 2009; and
(b)
held by the department.
Registration of Milton Brewery for ch 8A, pt 3
(1)
On the commencement of this division—
(a)
Milton Brewery is taken to be premises registered under
chapter 8A, part 3; and
(b)
the Milton rail precinct is taken to be the affected area
for Milton Brewery.
(2)
The term of the registration is 10 years starting on 27 April
2009.
(3)
Section 475A does not apply to the registration of Milton
Brewery under this section.
885
Restriction on legal proceedings for Milton Brewery
(1)
This section applies to a claim under section 680E(1) by an
affected person in relation to a relevant act at Milton Brewery.
(2)
If the relevant act was, or caused, the emission of light,
section 680E(2) applies to the claim only if the emission was
Page 572
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 5 Validation and transitional provisions for Sustainable Planning and Other Legislation
Amendment Act 2012
[s 886]
no more than the intensity of light for the relevant act before
27 April 2009.
(3)
In this section—
affected person see section 680E(6).
relevant act see section 680E(1).
886
Non-application of s 680X(1)
Section 680X(1) does not apply to Milton Brewery.
887
Application of s 680Y
Section 680Y applies to Milton Brewery only for a renewal of
its registration under chapter 8A, part 3.
888
Notifying prospective buyers
(1)
(2)
This section applies if—
(a)
a relevant development application, as defined under the
repealed Planning (Urban Encroachment—Milton
Brewery) Act 2009, section 5, was made before 27 April
2009; and
(b)
the application is a current application; and
(c)
anyone (the seller) offers the premises or lot the subject
of the application, or part of the premises, (the property)
for sale to someone else (a prospective buyer).
Before the prospective buyer enters into a contract to buy the
property, the seller must give the prospective buyer a notice
(an affected area notice) of—
(a)
the restrictions under section 680E that may apply to the
prospective buyer if the prospective buyer buys the
property; and
Note—
Current as at 19 December 2014
Page 573
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Chapter 10 Repeal, transitional and validation provisions
Part 5 Validation and transitional provisions for Sustainable Planning and Other Legislation
Amendment Act 2012
[s 888]
For the restrictions under section 680E in the Milton rail
precinct, also see section 885.
(b)
(3)
the keeping in the appropriate register of a record of the
affected area notation for the property.
If—
(a)
the seller fails to give the prospective buyer an affected
area notice for the property; and
(b)
the prospective buyer enters into a contract with the
seller to buy the property;
the failure to notify gives the prospective buyer the right to
end the contract.
(4)
The prospective buyer may end the contract at any time before
the contract is completed by giving the seller or the seller’s
agent a signed, dated notice of the ending of the contract.
(5)
The notice must state the contract is ended under this section.
(6)
If the prospective buyer ends the contract, the seller must,
within 14 days, refund to the prospective buyer any deposit
paid to the seller under the contract.
Maximum penalty—200 penalty units.
(7)
This section applies despite anything to the contrary in the
contract.
(8)
To remove any doubt, it is declared that this section applies—
(9)
Page 574
(a)
even if the offer for sale is made by someone other than
the applicant for the relevant development application;
and
(b)
if the seller is not the applicant—whether or not the
seller received an affected area notice for the property;
and
(c)
regardless of the number of times the property has been
sold since the making of the development application.
In this section—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 5 Validation and transitional provisions for Sustainable Planning and Other Legislation
Amendment Act 2012
[s 889]
current application means a relevant development
application, as defined under the repealed Planning (Urban
Encroachment—Milton Brewery) Act 2009, section 5, that has
not been refused, or has not lapsed or been withdrawn before
the application is decided.
889
Development applications made before commencement
Section 680Z(1) applies to a development application
mentioned in section 680D(b) or (c) as if the reference in
section 680Z(1) to ‘20 business days after making the
application’ were a reference to ‘20 business days after the
commencement of this section’.
Division 3
890
891
Other provisions
Transitional provision about call in of application
(1)
This section applies to a development application called in
under chapter 6, part 11, division 2 before the commencement
of the section if, under that division, the application has not
been finally dealt with before the commencement.
(2)
For dealing with the application, chapter 6, part 11, division 2
as in force before the commencement continues to apply to
the application.
Transitional provision for s 648A
For deciding the amount of an adopted infrastructure charge
under section 648A, section 648A(2), definition pre-SPRP
amount as inserted by the Sustainable Planning and Other
Legislation Amendment Act 2012 is taken to have had effect
on 6 June 2011.
Current as at 19 December 2014
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Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 892]
892
Proceedings for particular appeals under repealed IPA
(1)
This section applies to an appeal, under repealed IPA,
mentioned in section 819(1).
(2)
If, in a proceeding for the appeal, the court finds a provision
of repealed IPA, or another Act in its application to repealed
IPA, has not been complied with or has not been fully
complied with, the court may deal with the matter in the way
the court considers appropriate.
(3)
Subsection (2) applies despite section 819(2) and repealed
IPA, section 4.1.5A.
Part 6
Transitional provisions for
Sustainable Planning and
Other Legislation Amendment
Act (No. 2) 2012
Division 1
Preliminary
893
Definitions for pt 6
(1)
In this part—
amending Act means the Sustainable Planning and Other
Legislation Amendment Act (No. 2) 2012.
commencement means the commencement of the provision in
which the term is used.
declared master planned area see section 761A(5).
former, in relation to a provision, means the provision as in
force immediately before the repeal or amendment of the
provision under the amending Act.
Page 576
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 894]
master planned area means an area identified under former
section 132 as a master planned area in a local government’s
planning scheme.
structure plan, for a master planned area, means the structure
plan for the area made under the unamended Act and in effect
on the commencement.
structure plan guideline means the guideline in force under
former section 145 immediately before the commencement.
unamended Act means this Act as in force before the
commencement.
(2)
(3)
894
Despite subsection (1), it is declared that—
(a)
a reference in this part to a master planned area is, and
always has been, a reference to an area identified under
former section 132 as a master planned area; and
(b)
a reference in this part to a structure plan for a master
planned area is, and always has been, a reference to a
structure plan for a declared master planned area.
It is also declared that a reference in sections 899(1), 913(2),
916, 917(3), 926(1)(b) and 937 to a master planned area is,
and always has been, a reference to a declared master planned
area.
References to former provisions
If this part states that a former provision continues to apply—
(a)
the provision applies as if the amending Act had not
been enacted; and
(b)
any other former provision mentioned in the provision,
or necessary to give effect to the provision, continues to
apply unless otherwise stated.
Current as at 19 December 2014
Page 577
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 895]
Division 2
Provisions for former chapter 4
Subdivision 1
Preliminary
895
Operation of div 2
(1)
This division provides for transitional matters relating to the
omission of chapter 4 and the continued operation of former
provisions about master planned areas under the division.
(2)
If a provision in this division uses a term defined under the
unamended Act, other than a term defined under section 893,
the term has the same meaning as it had under the unamended
Act unless otherwise stated.
Subdivision 2
896
State planning instruments and
local planning instruments
State planning regulatory provisions relating to master
planning
(1)
This section applies in relation to the making of a State
planning regulatory provision after the commencement.
(2)
Section 16 applies as if section 16(1)(a) included a reference
to providing regulatory support for master planning.
(3)
Section 20 applies as if—
(4)
Page 578
(a)
section 20(1)(a) included a reference to implementing a
structure plan for a declared master planned area; and
(b)
section 20(1)(b) included a reference to the
implementation of a structure plan for a master planned
area.
Former section 21 continues to apply in relation to the making
of the State planning regulatory provision.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 897]
(5)
897
Section 73 applies as if section 73(2)(b) included a reference
to increasing the risk of compromising the implementation of
a structure plan.
Adoption of documents by local planning instruments
(1)
(2)
Despite sections 85(1) and 107(1), a planning scheme or a
temporary local planning instrument of a local government
may, under the Statutory Instruments Act 1992, section 23,
apply, adopt or incorporate the following documents made by
the local government—
(a)
a structure plan;
(b)
a master plan.
Despite section 115(1), a planning scheme policy of a local
government may, under the Statutory Instruments Act 1992,
section 23, apply, adopt or incorporate a master plan.
Subdivision 3
898
Structure plans
General matters about structure plans
(1)
Subject to subsection (5), a structure plan for a master planned
area of a local government continues in effect for this Act and
any other Act—
(a)
as if former chapter 4 had not been repealed; and
(b)
until the local government amends its planning scheme,
or makes a planning scheme, under section 761A.
(2)
To the extent a structure plan is inconsistent with a regulation
made under section 232(1) or (2), the structure plan is of no
effect.
(3)
If there is an inconsistency between a structure plan and a
State planning instrument, the State planning instrument
prevails to the extent of the inconsistency.
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 899]
(4)
A structure plan may state that development is prohibited
development, but only if the standard planning scheme
provisions state the development may be prohibited
development.
(5)
The following provisions of a structure plan for a master
planned area are of no effect—
899
(a)
the identification of any master planning requirements
under former section 141(2)(b);
(b)
a provision that states a master plan may identify
alternative levels of assessment under former section
141(3)(b);
(c)
a provision under former section 141(3)(c) that states
development can not be carried out in the area until
there is a master plan for the area;
(d)
a provision that states a development application for a
preliminary approval to which section 242 applies can
not be made for development in the area.
Changes to restrictions on, and notification requirements
for, particular development applications in master
planned area
(1)
This section applies to a development application for a
preliminary approval to which section 242 applies that is
made after the commencement for a master planned area.
(2)
To remove any doubt, it is declared that—
(3)
Page 580
(a)
despite former section 134, the development application
can seek to vary the effect of the structure plan area code
identified or included in the structure plan for the area;
and
(b)
if the development application seeks to vary the effect of
the structure plan area code, chapter 6, part 4 applies to
the application.
Despite section 295(1), the notification stage does not apply to
the development application if—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 900]
(a)
the development for which the application is made is
substantially consistent with—
(i)
the structure plan area code identified or included
in the structure plan for the area; and
(ii) any master plan area code included in a master
plan that applies to land or part of the land in the
area; and
(b)
(4)
the application does not seek to change the type of
assessment for the development or, if it does, it seeks to
change it in a way mentioned in section 295(3)(b).
Despite subsection (3)(b) and section 295(1), it is declared
that the notification stage does not apply, and has never
applied, to a development application mentioned in subsection
(1) if—
(a)
before the commencement of this subsection, the
development application had not been decided; and
(b)
the development for which the application is or was
made is substantially consistent with—
(i)
the structure plan area code identified or included
in the structure plan for the area; and
(ii) any master plan area code included in a master
plan that applies to land or part of the land in the
area.
900
Amendments of planning scheme to include structure
plans
For amending a planning scheme to include a structure plan,
section 117 applies as if a reference in that section to
amending a planning scheme included a reference to
amending a planning scheme to include a structure plan.
901
Agreements to fund structure plans
(1)
This section applies if—
Current as at 19 December 2014
Page 581
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 902]
(a)
before the commencement, a local government entered
into an agreement under former section 143 to fund the
preparation of a structure plan for a declared master
planned area; and
(b)
on the commencement—
(i)
the agreement is in force; and
(ii) the structure plan is not in effect for the area.
(2)
Subject to subsections (3) and (4), the agreement continues in
force and is binding on the parties to the agreement.
(3)
The local government must, as required under section 761A,
amend its planning scheme or make a planning scheme
instead of preparing the structure plan.
(4)
The planning scheme amended or made under subsection (3)
must be consistent with the policy the local government
adopted under former section 143(2) about providing funding
for preparing the structure plan.
Subdivision 4
902
Master plans
Existing master plans
(1)
(2)
Page 582
For this Act and any other Act, a master plan in force at the
commencement continues in force—
(a)
as if former chapter 4 had not been repealed; and
(b)
until it would have ceased to have effect under section
907.
A provision of a master plan that requires later master plans
for the master planning unit is of no effect.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 903]
903
904
Relationship with regulation under s 232
(1)
A master plan, whether it takes effect before or after the
commencement, must be consistent with a regulation made
under section 232(1) or (2).
(2)
To the extent a master plan is inconsistent with a regulation
made under section 232(1) or (2), the master plan is of no
effect.
Relationship with other planning instruments
(1)
If there is an inconsistency between a master plan and a State
planning instrument, the State planning instrument prevails to
the extent of the inconsistency.
(2)
To the extent a master plan is, by doing either or both of the
following things for development in the master planning unit
for the plan, different from a local planning instrument, the
master plan prevails—
(a)
stating whether the development is—
(i)
exempt development; or
(ii) self-assessable development; or
(iii) development requiring compliance assessment; or
(iv) assessable development requiring code or impact
assessment, or both code and impact assessment;
(b)
(3)
905
identifying or including codes for the development.
Subsection (1) is subject to section 905.
New planning instruments can not affect approved
master plan
If, after a master plan is approved, a new planning instrument
or an amendment of a planning instrument commences,
neither the planning instrument nor the amendment can
change or otherwise affect the master plan.
Current as at 19 December 2014
Page 583
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 906]
906
Master plan attaches to land in master planning unit
(1)
A master plan attaches to all land in the master planning unit
for the plan, and binds the owner, the owner’s successors in
title and any occupier of the land.
(2)
To remove any doubt, it is declared that subsection (1) applies
even if later development, including reconfiguring a lot, is
carried out or approved for the land, or the land is
reconfigured.
907
When master plan ceases to have effect
A master plan ceases to have effect—
908
(a)
at the time stated in the plan as the time by which
development in the master planning unit for the plan
must be completed, whether or not the development has
been completed; or
(b)
the earlier time when all development in the master
planning unit has been carried out in accordance with
the master plan.
Existing applications for approval of master plans
(1)
This section applies to a master plan application made but not
decided before the commencement.
(2)
The application must be decided under the unamended Act.
(3)
For dealing with and deciding the application, former section
155 and former chapter 4, part 3, division 3, and any other
former provisions necessary to give effect to the decision,
continue to apply.
(4)
However, despite former section 155 continuing to apply to a
master plan, a master plan may not—
(a)
Page 584
require later master plans for the master planning unit;
or
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[s 909]
(b)
909
state requirements with which a later master plan must
comply.
Applications for amendment or cancellation of master
plans
(1)
This section applies to an application to amend or cancel a
master plan for a declared master planned area that is made
but not decided before the commencement or made after the
commencement.
(2)
The application must be decided under the unamended Act.
(3)
For dealing with and deciding the application, former section
155 and former chapter 4, part 3, divisions 3 and 4, and any
other former provisions necessary to give effect to the
decision, continue to apply.
(4)
However, despite former section 155 continuing to apply to a
master plan, a master plan may not—
(a)
require later master plans for the master planning unit;
or
(b)
state requirements with which a later master plan must
comply.
Subdivision 5
910
Designation of land for community
infrastructure
Minister must consider master plans before designating
land
(1)
This section applies in relation to a Minister designating land
under chapter 5 for community infrastructure prescribed
under a regulation for section 200.
(2)
Section 207 applies to designating the land as if—
Current as at 19 December 2014
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[s 911]
(a)
section 207(2) included a requirement for the Minister
to consider any master plans for land in a declared
master planned area; and
(b)
section 207(3) included a reference to carrying out
public notification for a structure plan for a declared
master planned area that includes the community
infrastructure, under the guideline in force under former
section 145 immediately before the commencement.
Subdivision 6
911
Matters relating to IDAS
Categories of development for master plans
(1)
Subsection (2) applies to a regulation in force immediately
before the commencement that prescribes development that a
master plan can not declare to be self-assessable development,
development requiring compliance assessment, assessable
development or prohibited development.
(2)
The regulation continues in force for a master plan until the
master plan ceases to have effect.
(3)
A regulation may, from the commencement, prescribe
development that a master plan can not declare to be
self-assessable
development,
development
requiring
compliance assessment, assessable development or prohibited
development.
912
Exempt development in master planned areas
Section 235 applies to a master plan as if—
Page 586
(a)
section 235(2) included a reference to exempt
development not needing to comply with master plans
for declared master planned areas; and
(b)
section 235(3) included a reference to section 235(2) as
applied under paragraph (a) not stopping a master plan
for a declared master planned area affecting exempt
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 913]
development in the circumstances mentioned in section
235(3)(a) and (b).
913
Exclusion of particular entities as referral agency for a
master planned area
(1)
This section applies to a development application for land in a
declared master planned area, whether made before or after
the commencement.
(2)
Despite sections 250 and 251, to the extent an entity has
exercised a coordinating agency’s or participating agency’s
jurisdiction for the structure plan or a master plan for the
master planned area, the entity is a referral agency for the
application only if a regulation for this subsection provides
that the entity is a referral agency for the application.
(3)
However, if—
(a)
the structure plan for the declared master planned area
requires 1 or more master plans for all or part of the
land; and
(b)
not all the master plans are in effect;
the coordinating agency and the participating agencies
identified in the structure plan are referral agencies for the
application to the extent of the jurisdiction or jurisdictions
identified in the structure plan for the coordinating agency and
each participating agency.
(4)
Also, if the application is a development application for a
preliminary approval to which section 242 applies, subsection
(2) applies only if—
(a)
the development for which the application is made is
substantially consistent with the structure plan area code
identified or included in the structure plan for the area;
and
(b)
the development for which the application is made is
substantially consistent with any master plan area code
Current as at 19 December 2014
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[s 914]
included in a master plan that applies to the land or part
of the land; and
(c)
914
the application does not seek to change the type of
assessment for the development or, if it does, it seeks to
change it in a way mentioned in section 295(3)(b).
Exclusion of particular provisions about making
development application for declared master planned
area
(1)
This section applies to the making of a development
application, or proposed application, for development in a
declared master planned area, whether made before and not
decided on the commencement or made after the
commencement.
(2)
The following do not apply to the making of the application or
proposed application—
(3)
915
(a)
section 239, to the extent the development includes
prohibited development under schedule 1;
(b)
a provision of any other Act that imposes a requirement
for, or a restriction on, the making of the application.
This section applies despite any other Act and prevails to the
extent of any inconsistency with another provision of chapter
6.
Referral agency assesses application
(1)
This section applies to a referral agency assessing a
development application for land in a declared master planned
area, whether made before and not decided on the
commencement or made after the commencement.
(2)
Section 282 applies to the assessment of the application as if
section 282(2) included a reference to assessing the
application with regard to—
(a)
Page 588
the structure plan for the area; and
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 916]
(b)
(3)
the master plan for the area.
However, if—
(a)
the chief executive is a referral agency for the
application; and
(b)
the application is made after the commencement of the
amending Act, section 35;
section 255C also applies for assessing the application.
916
Code and impact assessment and particular s 242
preliminary approval assessment
(1)
Subsections (2) and (3) apply if any part of a development
application for a master planned area requires code
assessment.
(2)
On the commencement, section 313 applies to the application
as if section 313(2)(e) included a reference to assessing the
part of the application against any applicable codes in a
structure plan or master plan for the area.
(3)
However, if—
(a)
the chief executive is the assessment manager for the
application; and
(b)
the application is made after the commencement of the
amending Act, section 35;
section 255A also applies for assessing the part.
(4)
Subsections (5) and (6) apply to any part of a development
application for a master planned area requiring impact
assessment.
(5)
On the commencement, section 314 applies to the application
as if section 314(2) included a reference to assessing the part
of the application against each of the following matters or
things to the extent the matter or thing is relevant to the
development—
(a)
a structure plan;
Current as at 19 December 2014
Page 589
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Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 917]
(b)
(6)
all master plans for the area.
However, if—
(a)
the chief executive is the assessment manager for the
application; and
(b)
the application is made after the commencement of the
amending Act, section 35;
section 255B also applies for assessing the part.
(7)
Subsection (8) applies to a development application for a
preliminary approval mentioned in section 242 for a master
planned area.
(8)
On the commencement, section 316 applies to the application
as if section 316(4) included a reference to assessing the part
of the application having regard to both of the following to the
extent they are relevant to the application—
917
(a)
the structure plan for the area;
(b)
a master plan for the area.
Continued application of former provisions relating to
decision for and approval of application
(1)
(2)
Page 590
Subsection (2) applies if—
(a)
a development application relates to land in a declared
master planned area; and
(b)
the structure plan for the master planned area requires a
master plan for the land; and
(c)
a proposed master plan has not been approved; and
(d)
a master plan application has been made but not decided
before the commencement.
Until the master plan application has been decided—
(a)
the assessment manager’s decision can not be made; and
(b)
the decision-making period for the application is
suspended.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 918]
918
(3)
Subsection (4) applies for the assessment manager deciding
under section 324 an application for development in a master
planned area if the structure plan for the area requires a master
plan for the development.
(4)
If a master plan application for the master plan is refused, the
development application must be refused.
Compliance assessment of development application
(1)
(2)
(3)
On the commencement, section 397 applies as if section
397(2) provided that the following may state that a document
or work is a document or work requiring compliance
assessment—
(a)
a structure plan;
(b)
a master plan.
Subsection (3) applies if—
(a)
a condition of a development approval states that a
document or work is a document or work requiring
compliance assessment; and
(b)
the development approval relates to an application for
development in a declared master planned area, whether
made before or after the commencement.
Section 398 applies as if section 398(3) provided that the
condition may require the document or work to be assessed
for compliance with a matter or thing stated in a structure plan
or master plan for the area.
Current as at 19 December 2014
Page 591
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 919]
Subdivision 7
919
Appeals, offences and enforcement
Court matters relating to master plans and the structure
plan guideline
(1)
A person may bring a proceeding in the court for a declaration
under section 456 about the construction of master plans
under this Act and the structure plan guideline.
(2)
Section 460 applies to a proceeding as if section 460(1)
provided for a local government to certify a copy of a master
plan, or a part of the master plan, under that subsection.
920
Appeals to court relating to master plans
(1)
This section applies in relation to a person who has applied for
approval of a proposed master plan if the application was
decided, or made but not decided, before the commencement.
(2)
The person may appeal to the court under former section 471
against—
(a)
the refusal, or the refusal in part, to give the approval of
the master plan; or
(b)
a matter stated in the notice of decision about the
application; or
(c)
a deemed refusal of the master plan application.
(3)
Former section 471(2) and (3) continues to apply to an appeal
under subsection (2).
(4)
Section 484 applies to the appellant as if section 484(1)
included a reference to giving written notice of the appeal to
the local government and coordinating agency for the
application for approval of the master plan.
(5)
Section 493 applies in an appeal as if section 493(1) included
a reference to a person who has applied for approval of a
proposed master plan.
Page 592
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 921]
921
(6)
Section 495 applies in an appeal as if section 495(2) applied to
a person who has applied for approval of a proposed master
plan.
(7)
In an appeal, the court is not prevented from considering and
making a decision about a ground of appeal (based on any
coordinating agency’s response) merely because this Act
required the local government to refuse the application or
include conditions in any approval of a master plan.
Compliance with master plans
(1)
This section is subject to section 584, as applied under
subsection (2), and chapter 9, part 1.
(2)
For this section, section 584 applies as if section 584(1)
provided that this section did not apply to a person in the
circumstances mentioned in section 584(1).
(3)
This section does not apply to development carried out on
designated land in accordance with the relevant designation.
(4)
A person must not carry out development in a declared master
planned area if the carrying out of the development is contrary
to a master plan for the area.
Maximum penalty—1665 penalty units.
(5)
A person must not carry out development in a declared master
planned area if the structure plan for the area requires that the
development can not be carried out in the master planned area
until there is a master plan for the development.
Maximum penalty—1665 penalty units.
(6)
922
An offence against subsection (4) or (5) is taken to be a
development offence.
False or misleading document relating to master plan
application
Section 587 applies to a person as if section 587(2) included a
reference to the person giving a local government to which a
Current as at 19 December 2014
Page 593
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 923]
master plan application has been made but not decided before
the commencement a document containing information that
the person knows is false or misleading in a material
particular.
923
Enforcement notices and orders relating to master plans
and master plan applications
(1)
Subsection (2) applies to an enforcement notice given after the
commencement.
(2)
Section 592 applies for giving the notice as if—
(a)
section 592(1)(e) included a reference to the notice
requiring a person to do, or not to do, another act to
ensure development complies with a master plan; and
(b)
section 592(2)(a) included a reference to the notice
requiring a person to demolish or remove a work only if
the assessing authority reasonably believes it is not
possible and practical to take steps to make the work
comply with a master plan.
(3)
Subsection (4) applies if a person has brought a proceeding in
a Magistrates Court on a complaint to prosecute another
person for an offence against chapter 7, part 3, whether before
or after the commencement.
(4)
Section 599 applies to the proceeding as if section 599(3)(d)
provided that an order of the Magistrates Court may require
the defendant to do, or not to do, another act to ensure
development or use of the premises complies with a master
plan.
924
Evidentiary aids relating to master plan application
(1)
Page 594
This section applies to a certificate purporting to be signed by
the chief executive officer, however called, of an assessing
authority stating that a particular matter is evidence of the
matter.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 925]
(2)
Section 623 applies to the certificate as if the section provided
the certificate may state that, on a stated day, or during a
stated period—
(a)
there was or was not a master plan for stated land or
development; or
(b)
a stated condition was included in a master plan.
Subdivision 8
925
926
Funding for infrastructure
Adopted infrastructure charges
(1)
Subsection (2) applies to a local government making an
adopted infrastructure charges resolution under section 648D,
whether before or after the commencement.
(2)
The 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.
(3)
An adopted infrastructure charge must not be levied for
development in a declared master planned area in the 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.
Infrastructure agreements
(1)
An infrastructure agreement relating to the following and in
force immediately before the commencement continues to
have effect and is binding on the parties to the agreement as if
the amending Act had not been enacted—
(a)
the making of a structure plan for a declared master
planned area;
(b)
master plans for a master planned area.
Current as at 19 December 2014
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Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 927]
(2)
Subsections (3) to (5) apply to an infrastructure agreement,
whether entered into before or after the commencement.
(3)
Section 664 applies to the agreement as if the section provided
that an infrastructure agreement is not invalid merely because
its fulfilment depends on the exercise of a discretion by a
public sector entity about—
(a)
a structure plan; or
(b)
a master plan or an application for approval of a master
plan.
(4)
To the extent the infrastructure agreement is inconsistent with
a master plan, the agreement prevails.
(5)
To the extent the infrastructure agreement is inconsistent with
a regulated State infrastructure charges notice or negotiated
regulated State infrastructure charges notice, the agreement
prevails.
927
Regulated State infrastructure charges schedule for
master planned area
(1)
A regulated State infrastructure charges schedule for a master
planned area continues in effect as if the amending Act had
not been enacted.
(2)
A State planning regulatory provision may provide for a
regulated State infrastructure charges schedule for a master
planned area.
(3)
The Minister may seek advice or comment from the
Queensland Competition Authority about a regulated State
infrastructure charges schedule for a master planned area.
(4)
A regulated State infrastructure charges schedule for a master
planned area must state—
Page 596
(a)
the infrastructure network that services, or is planned to
service, the area; and
(b)
a charge for the supply of the State infrastructure for the
area; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 928]
(c)
(5)
928
the development for which the charge may be levied.
A regulated State infrastructure charges schedule may also
state a matter related to a matter mentioned in subsection (4).
Regulated State infrastructure charges notice
(1)
The unamended Act continues to apply to a person who has
been given a regulated State infrastructure charges notice
before the commencement.
(2)
A regulated State infrastructure charges notice may be given
after the commencement.
(3)
A regulated State infrastructure charges notice must state each
of the following—
(4)
(a)
the amount of the regulated State infrastructure charge
under the notice;
(b)
the land to which the charge applies;
(c)
when the charge is payable;
(d)
the State infrastructure network for which the charge has
been stated.
If the notice is given as a result of a development approval—
(a)
the relevant State infrastructure provider must give the
notice to the applicant for the development approval at
the same time as the concurrence agency’s response is
given to the assessment manager; and
(b)
the charge is not recoverable unless the entitlements
under the development approval are exercised; and
(c)
the notice lapses if the approval stops having effect.
(5)
If the notice is not given as a result of a development approval,
the relevant State infrastructure provider must give the notice
to the owner of the land to which the charge applies.
(6)
The amount of a regulated State infrastructure charge must
take account of any relevant infrastructure charge for State
infrastructure.
Current as at 19 December 2014
Page 597
Sustainable Planning Act 2009
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Act (No. 2) 2012
[s 929]
Example—
an infrastructure charge relating to the local function of State-controlled
roads
929
Giving new regulated State infrastructure charges notice
(1)
This section applies if the development approved by a
negotiated decision notice, whether given before or after the
commencement, is different from the development approved
in the decision notice or deemed approval in a way that affects
the amount of a regulated State infrastructure charge.
(2)
The relevant State infrastructure provider may give the
applicant for the development approval a new regulated State
infrastructure charges notice under section 928 to replace the
original notice.
930
When regulated State infrastructure charge is payable
A regulated State infrastructure charge is payable—
Page 598
(a)
if the charge applies to reconfiguring a lot that is
assessable development—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—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 of use happens; or
(d)
otherwise—on the day stated in the regulated State
infrastructure charges notice or negotiated regulated
State infrastructure charges notice.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 931]
931
Application of regulated State infrastructure charges
A regulated State infrastructure charge levied and collected
for a network of State infrastructure must be used to provide
infrastructure for the network.
932
Accounting for regulated State infrastructure charges
To remove any doubt, it is declared that a regulated State
infrastructure charge levied and collected by a State
infrastructure provider need not be held in trust.
933
Infrastructure agreements about, and alternatives to,
paying regulated State infrastructure charges
(1)
(2)
Despite sections 928 and 930, a person to whom a regulated
State infrastructure charges notice or a negotiated regulated
State infrastructure charges notice has been given and the
State infrastructure provider may, after the commencement,
enter into an infrastructure agreement for the charge,
including, for example, that—
(a)
the charge may be paid at a different time from the time
stated in the notice, and whether it may be paid by
instalments; or
(b)
whether the State infrastructure may be supplied instead
of paying all or part of the charge; or
(c)
land in fee simple may be given instead of paying the
charge or part of the charge; or
(d)
other infrastructure, or contributions to other
infrastructure, may be provided instead of paying the
charge or part of the charge.
An agreement entered into under former section 673 and in
force immediately before the commencement continues in
force and is binding on the parties to the agreement as if the
amending Act had not been enacted.
Current as at 19 December 2014
Page 599
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 934]
934
Recovery of regulated State infrastructure charges
Former section 674 continues to apply in relation to a
regulated State infrastructure charge, whether levied before or
after the commencement.
935
Appeals about charges for infrastructure
(1)
(2)
(3)
Subsection (2) applies to a person who has been given,
whether before or after the commencement, and is dissatisfied
with—
(a)
a regulated State infrastructure charges notice; or
(b)
a negotiated regulated State infrastructure charges
notice.
Section 478 applies to the person as if—
(a)
section 478(4)(a) included a reference to a coordinating
agency imposing a charge in the notice; and
(b)
section 478(5) included a reference to the methodology
used to establish a regulated State infrastructure charges
schedule.
Subsection (4) applies to a person who—
(a)
has been given,
commencement—
(i)
whether
before
or
after
the
a regulated State infrastructure charges notice; or
(ii) a negotiated regulated State infrastructure charges
notice; and
(b)
(4)
Page 600
is dissatisfied with the calculation of a charge in the
notice.
Section 535 applies to the person as if section 535(4) included
a reference to the methodology used to establish a regulated
State infrastructure charges schedule.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 936]
Subdivision 9
936
937
Miscellaneous
Limitations on compensation under ss 704 and 705
relating to structure plan
(1)
This section applies to an owner of an interest in land who is
entitled under section 704 or 705 to be paid reasonable
compensation by a local government because a change
reduces the value of the interest.
(2)
Section 706 applies in relation to the compensation as if
section 706(1) included a reference to compensation not being
payable if the change is about any of the matters comprising a
structure plan for a declared master planned area.
Local government may take or purchase land in master
planned area
Section 714 applies to the taking of land in a master planned
area as if—
(a)
section 714(1)(a) included a reference to a local
government being satisfied the taking of the land would
help to achieve any of the outcomes in a structure plan
made by the local government; and
(b)
section 714(1)(b) included a reference to a master plan
having taken effect; and
(c)
section 714(1)(b)(ii) included a reference to the
applicant for the approval of the master plan having
taken reasonable measures to obtain the agreement of
the owner of the land to actions that would facilitate the
construction of the infrastructure or the carriage of the
drainage, but has not been able to obtain the agreement.
Current as at 19 December 2014
Page 601
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 938]
938
Documents local government or chief executive must
keep available for inspection and purchase—general
(1)
(2)
939
Section 724 applies to a local government as if section 724(1)
included a reference to keeping available the original or the
designated type of copy of each of the following—
(a)
each amendment of the local government’s planning
scheme to include a structure plan;
(b)
if the structure plan guideline requires public
notification of an amendment proposed to be made to
the planning scheme to include a structure plan—each
proposed amendment;
(c)
each master planned area declaration for the local
government’s planning scheme area;
(d)
each master plan for declared master planned areas in its
planning scheme area.
Section 732 applies to the chief executive as if section 732(1)
included a reference to keeping available the original or the
designated type of copy of master planned area declarations.
Documents local government must keep available for
inspection and purchase—master plan applications
For keeping documents about master plan applications
available for inspection and purchase, former section 725
continues to apply to a local government.
940
Documents local government must keep available for
inspection only
(1)
Section 727 applies to a local government as if section 727(1)
included a reference to keeping available a register of all
master plan applications made to the local government.
(2)
However, subsection (1) does not apply for a master plan
application until—
(a)
Page 602
the application is withdrawn or lapses; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 941]
(b)
(3)
941
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the application.
Former section 727(3) continues to apply to a local
government for the register mentioned in subsection (1).
Standard planning and development certificates and full
planning and development certificates
(1)
Subsection (2) applies to a standard planning and
development certificate.
(2)
Section 739 applies to the certificate as if the section included
a reference to the certificate containing or being accompanied
by the following information for premises—
(a)
a copy of each master plan applying to the premises;
(b)
a copy of every notice of decision or negotiated notice
about a master plan application for a master plan, given
under this Act or repealed IPA, in force for the planning
scheme area for the premises;
(c)
a copy of any judgment or order of the court or a
building and development committee about a condition
included in the master plan;
(d)
a description of each amendment, proposed to be made
by the local government to its planning scheme to
include a structure plan, that has not yet been made at
the time the certificate is given.
(3)
Subsection (4) applies to a full planning and development
certificate if there is a master plan that applies to premises that
includes conditions, including conditions of a type mentioned
in section 740(1)(a).
(4)
Section 740 applies to the certificate as if section 740(1)
included a reference to the certificate for the premises
containing or being accompanied by a statement about the
fulfilment or non-fulfilment of each condition, at a stated day
after the day the certificate was applied for.
Current as at 19 December 2014
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Act (No. 2) 2012
[s 942]
942
Electronic submissions about master plan applications
Section 756 applies to an entity giving a submission under this
Act as if section 756(1)(a) included a reference to a notice
relating to a master plan application.
943
Continued application of particular transitional
provisions relating to master planned areas
(1)
Despite the enactment of the amending Act, the following
provisions continue to apply for master planned areas—
(a)
sections 777, 789 to 797, 819(5) to (8), 820, 841 and
856;
(b)
chapter 10, part 2, division 11.
(2)
However, if a provision of this Act as amended under the
amending Act, other than this section, is inconsistent with
subsection (1), the provision as amended prevails to the extent
of the inconsistency.
(3)
To remove any doubt, it is declared that section 871, to the
extent it provides for matters relating to former chapter 4,
continues to apply for master planned areas.
Division 3
944
Other provisions
Development applications not decided on
commencement
(1)
This section applies to a development application made but
not decided on the commencement.
(2)
The development application must be dealt with and decided
under this Act as in force immediately before the
commencement.
Page 604
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 6 Transitional provisions for Sustainable Planning and Other Legislation Amendment
Act (No. 2) 2012
[s 944A]
944A Chief executive is assessment manager or concurrence
agency for ch 6, pt 8, divs 2 and 5
(1)
(2)
This section applies to a relevant development approval if—
(a)
an entity other than the chief executive (the relevant
entity) was the assessment manager or a concurrence
agency for the application to which the approval relates;
and
(b)
had the application been made after the commencement,
the chief executive would have been the assessment
manager or a concurrence agency for the application.
For chapter 6, part 8, divisions 2 and 5—
(a)
the chief executive is taken to be—
(i)
if the relevant entity was the assessment
manager—the assessment manager; or
(ii) if the relevant entity was a concurrence
agency—that concurrence agency; and
(b)
(3)
if the relevant entity as a concurrence agency imposed a
condition of the approval—the chief executive is taken
to have imposed the condition.
In this section—
relevant development approval means a development
approval—
945
(a)
given before the commencement; or
(b)
given after the commencement if the application to
which the approval relates was made before the
commencement.
Costs for existing court proceedings
(1)
Former section 457 continues to apply to a proceeding in the
court that has been brought before the commencement.
(2)
For subsection (1), a proceeding in the court (the originating
proceeding) includes any interlocutory proceeding relating to
Current as at 19 December 2014
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Part 8 Transitional provisions for Local Government and Other Legislation Amendment Act
2013
[s 946]
the originating proceeding that is brought after the
commencement.
946
Declaration about whether development application
involving particular State resource is properly made
Former section 510(4) continues to apply to a person seeking
a declaration under the section about whether a development
application made before the commencement is a properly
made application.
Part 8
Transitional provisions for
Local Government and Other
Legislation Amendment Act
2013
Division 1
State planning instruments
948
Existing development applications
(1)
This section applies to a development application made, but
not decided, before this section commences.
(2)
The development application must be dealt with and decided
under this Act as if sections 26 and 43, as in force before the
commencement, had not been amended by the amending Act.
(3)
However, for assessing or deciding the application, an
assessment manager or referral agency for the application
may apply the sections amended by the amending Act to the
extent it considers appropriate.
(4)
In this section—
amending Act means the Local Government and Other
Legislation Amendment Act 2013.
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Part 8 Transitional provisions for Local Government and Other Legislation Amendment Act
2013
[s 949]
Division 2
De-amalgamation of particular local
governments
Subdivision 1
Preliminary
949
Definitions for pt 8, div 2
In this division—
application means an application made under this Act.
changeover day means 1 January 2014.
continuing local government means—
(a)
Cairns Regional Council; or
(b)
Rockhampton Regional Council; or
(c)
Sunshine Coast Regional Council; or
(d)
Tablelands Regional Council.
continuing local government area, for a continuing local
government, means the local government area for the
continuing local government that comes into existence on the
changeover day.
decision maker, for a continuing or new local government,
means an entity that has a function under this Act to make a
decision about a matter.
existing proceeding, means a proceeding that—
(a)
started under the Act before this section commences—
(i)
before a building and development committee; or
(ii) in a court; and
(b)
on the commencement—
(i)
has not been decided; or
(ii) has not been withdrawn, or dismissed, struck out or
otherwise disposed of under the Act.
Current as at 19 December 2014
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[s 950]
land, for an application, offence committed, proceeding or
request means the land to which it relates.
new local government means each of the following local
governments that comes into existence on the changeover
day—
(a)
Douglas Shire Council;
(b)
Livingstone Shire Council;
(c)
Noosa Shire Council;
(d)
Mareeba Shire Council.
new local government area, for a new local government,
means the local government area for the new local
government that comes into existence on the changeover day.
related—
1
Cairns Regional Council is related to Douglas Shire
Council.
2
Rockhampton Regional Council
Livingstone Shire Council.
3
Sunshine Coast Regional Council is related to Noosa
Shire Council.
4
Tablelands Regional Council is related to Mareeba Shire
Council.
is
related
to
request means a request made under this Act.
Subdivision 2
950
Applications or requests made
before changeover day
Application or request relating to land wholly within
continuing local government area
(1)
This section applies if—
(a)
Page 608
before the changeover day, a continuing local
government—
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2013
[s 951]
(i)
is the decision maker for an application or request;
and
(ii) has not decided the application or request; and
(b)
(2)
951
on the changeover day, the land is wholly within the
local government’s area.
On the changeover day, the local government continues as the
decision maker for the application or request.
Application or request relating to land wholly within new
local government area
(1)
This section applies if—
(a)
before the changeover day, a continuing local
government—
(i)
is the decision maker for an application or request;
and
(ii) has not decided the application or request; and
(b)
(2)
On the changeover day, the new local government becomes
the decision maker for the application or request.
(3)
Subsection (4) applies if, on the changeover day—
(4)
952
on the changeover day, the land is wholly within a new
local government’s area.
(a)
the new local government must under this Act, take a
particular step as decision maker for the application or
request within a certain period; and
(b)
the step has not been fully taken.
The local government has a further 10 business days to take
the step as well as any unexpired part of the period.
Application or request relating to land within continuing
and new local government area
(1)
This section applies if—
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[s 952]
(a)
before the changeover day, a continuing local
government—
(i)
is the decision maker for an application or request;
and
(ii) has not decided the application or request; and
(b)
on the changeover day the land is partly within—
(i)
a continuing local government area; and
(ii) a new local government area.
(2)
The continuing local government for the continuing local
government area must decide by the end of 2 January 2014
whether it is to continue to be the decision maker for the
application or request.
(3)
Within 2 business days of making the decision, the continuing
local government must, give written notice of its decision to—
(a)
for an application—the applicant; and
(b)
for a request—the person who made the request; and
(c)
the new local government.
(4)
If the continuing local government gives notice that it is not
continuing as the decision maker for the application or
request, the new local government becomes the decision
maker on the day it receives the notice (the notification day).
(5)
A continuing local government that continues as the decision
maker, or a new local government that becomes the decision
maker, under this section must consult the related local
government, in the way it considers appropriate, before it
decides the application or request.
(6)
However, subsection (5) does not apply to a local government
if the application is a development application.
(7)
Subsection (8) applies if, on the notification day—
(a)
Page 610
the new local government is required to take a particular
step as the decision maker for an application or request
within a certain period; and
Current as at 19 December 2014
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Part 8 Transitional provisions for Local Government and Other Legislation Amendment Act
2013
[s 953]
(b)
953
the step has not been fully taken.
(8)
The new local government has a further 10 business days to
take the step as well as any unexpired part of the period.
(9)
Subsections (10) to (12) apply to an application that is a
development application if—
(a)
a continuing local government continues as the decision
maker under subsection (2); or
(b)
a new local government becomes the decision maker
under subsection (4).
(10)
Regardless of which stage of IDAS applies to the application,
the other local government that is not the decision maker is
the concurrence agency for the application to the extent the
application is about land within the local government’s area.
(11)
The concurrence agency must give the concurrence agency’s
response within 30 business days after the notification day.
(12)
The decision maker can not make a decision about the
application until the earlier of the following—
(a)
the receipt of the concurrence agency’s response;
(b)
the expiration of 30 business days after the notification
day.
Continuing local government to assist related new local
government
(1)
This section applies if a new local government becomes a
decision maker for an application or request under this
subdivision.
(2)
The related continuing local government must do all acts and
things necessary or desirable to facilitate the transfer of the
decision maker function to the new local government.
(3)
Without limiting subsection (2), the related continuing local
government must give the new local government the
documents that are necessary to enable compliance with a
provision of this Act including, for example—
Current as at 19 December 2014
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2013
[s 954]
(a)
all material relevant to the application or request the
continuing local government had on the changeover day;
and
(b)
any material the continuing local government receives
about the application or request after the new local
government becomes the decision maker.
Subdivision 3
954
Existing proceedings
Land wholly within new local government area
(1)
(2)
955
This section applies to an existing proceeding if—
(a)
the proceeding was started before the changeover day;
and
(b)
a continuing local government was a party to the
proceeding; and
(c)
on the changeover day, the land is wholly within a new
local government area.
For the proceeding, the new local governmentbecomes a party
to the proceeding in place of the related continuing local
government.
Land within both continuing and new local government
area
(1)
This section applies to an existing proceeding if—
(a)
the proceeding was started before the changeover day;
and
(b)
a continuing local government was a party to the
proceeding; and
(c)
on the changeover day, the land to which the proceeding
relates is partly within—
(i)
Page 612
a continuing local government area; and
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Part 8 Transitional provisions for Local Government and Other Legislation Amendment Act
2013
[s 956]
(ii) a new local government area.
(2)
Within 5 business days after the changeover day, the
continuing local government must ask the Minister to make a
decision under subsection (3).
(3)
The Minister must decide whether one or both of the local
governments is to be a party to the remainder of the
proceeding.
(4)
Until the decision is made, the continuing local government
continues to be a party to the proceeding.
(5)
Despite subsection (3), and at any time up until the Minister
makes the decision, the new local government may elect to be
joined as a party to the proceeding.
Subdivision 4
956
Proceedings commenced after
changeover day
Land wholly within new local government area
(1)
This section applies if—
(a)
before the changeover day—
(i)
a continuing local government made a decision (a
relevant decision) about an application, request or
previous decision made under this Act; or
(ii) a court made a decision (also a relevant decision)
about an application, request or previous decision
made under this Act; and
(2)
(b)
immediately before the changeover day, a person could
have, but has not, commenced a proceeding about the
relevant decision; and
(c)
on the changeover day, the land is wholly within a new
local government area.
A person—
Current as at 19 December 2014
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[s 957]
957
(a)
may start a proceeding about the relevant decision
against the new local government for the new local
government area; but
(b)
can not start a proceeding about the relevant decision
against the continuing local government.
Land within both continuing and new local government
area
(1)
This section applies if—
(a)
before the changeover day—
(i)
a continuing local government made a decision (a
relevant decision) about an application, request or
previous decision made under this Act; or
(ii) a court made a decision (also a relevant decision)
about an application, request or previous decision
made under this Act; and
(b)
immediately before the changeover day, a person could
have, but has not, commenced a proceeding about the
relevant decision; and
(c)
on the changeover day, the land to which the relevant
decision relates is partly within—
(i)
a continuing local government area; and
(ii) a new local government area.
(2)
If a person wishes to start a proceeding about the relevant
decision, the person can only start it against both local
governments.
(3)
Within 5 business days after service of the proceeding, the
continuing local government must ask the Minister to make a
decision under subsection (4).
(4)
If so requested, the Minister must decide whether one or both
of the local governments is to be a party to the proceeding.
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Current as at 19 December 2014
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Part 8 Transitional provisions for Local Government and Other Legislation Amendment Act
2013
[s 958]
(5)
Until the Minister makes the decision, both local governments
are parties to the proceeding.
Subdivision 5
958
Enforcement provision
Enforcement that may be taken by new local
governments
(1)
(2)
(3)
This section applies for an offence against this Act if—
(a)
before the changeover day, a continuing local
government would have been the assessing authority for
the offence; and
(b)
on the changeover day, the land to which the offence
relates is wholly or partly within a new local
government area.
From the changeover day, the new local government for the
new local government area may also do any of the following
about the offence—
(a)
give a show cause notice under chapter 7, part 3,
division 2;
(b)
give an enforcement notice under chapter 7, part 3,
division 3;
(c)
bring a proceeding under chapter 7, part 3, division 4 or
5.
For chapter 7, parts 3 and 4, as applied under subsection (2),
the following applies, if the context permits—
(a)
a reference to an assessing authority or a local
government includes a reference to the new local
government;
(b)
a reference to a chief executive or the chief executive
officer, however called, of an assessing authority
includes a reference to a chief executive or the chief
executive officer of the new local government.
Current as at 19 December 2014
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Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
[s 959]
Subdivision 6
959
Miscellaneous
Provision about consultations
(1)
This section applies for a requirement under this division for
one local government to consult another about a decision.
(2)
The local government may carry out the consultation in any
way it considers appropriate.
(3)
A failure to consult does not invalidate or otherwise affect the
decision.
Part 9
Transitional provisions for
Water Supply Services
Legislation Amendment Act
2014
959A Definitions for pt 9
In this part—
amended Act means this Act as in force after the
commencement.
amending Act means the Water Supply Services Legislation
Amendment Act 2014.
commencement means the commencement of the amending
Act, section 30.
former, in relation to a provision, means the provision as in
force immediately before the repeal or amendment of the
provision under the amending Act.
unamended Act means this Act as in force immediately
before the commencement.
Page 616
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Chapter 10 Repeal, transitional and validation provisions
Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
[s 959B]
water connection aspect, of a development application or
development approval, means an aspect of the application or
approval that is for a matter for which a distributor-retailer or
its delegate has a concurrence role under the amended Act.
959B Distributor-retailer or participating local government
continues as concurrence agency for existing
applications
(1)
(2)
(3)
This section applies if—
(a)
a development application was made, but not decided,
before the commencement; and
(b)
the development application involves a water connection
aspect.
For dealing with and deciding the development application,
the following entity continues to be a concurrence agency for
the water connection aspect—
(a)
if the distributor-retailer has delegated its functions as a
concurrence agency for the application to its
participating local government—the participating local
government;
(b)
otherwise—the distributor-retailer.
The unamended Act continues to apply to the development
application as if the amending Act had not been enacted.
Note—
See also the SEQ Water Act, section 140C.
(4)
However, if the development application is for a material
change of use of premises or reconfiguring a lot, the
unamended Act applies to the application only until a
development approval takes effect for the application.
(5)
To avoid any doubt, it is declared that after a development
approval for an application mentioned in subsection (4) takes
effect, this Act does not apply to the water connection aspect
of the development approval.
Current as at 19 December 2014
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Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
[s 959C]
959C Related applications
(1)
(2)
(3)
This section applies if—
(a)
for a development approval (an original approval) given
before the commencement—another development
application (a related application) for a development
approval related to the original approval is made; and
(b)
the related application involves a water connection
aspect.
For dealing with and deciding the related application, the
following entity is taken to be a concurrence agency for the
water connection aspect—
(a)
if the distributor-retailer has delegated its functions as a
concurrence agency for the application to its
participating local government—the participating local
government;
(b)
otherwise—the distributor-retailer.
The unamended Act continues to apply to the related
application as if the amending Act had not been enacted.
Note—
See also the SEQ Water Act, section 140C.
(4)
However, if the related application is for a material change of
use of premises or reconfiguring a lot, the unamended Act
applies to the application only until a development approval
takes effect for the application.
(5)
To avoid any doubt, it is declared that after a development
approval for a related application mentioned in subsection (4)
takes effect, this Act does not apply to the water connection
aspect of the development approval.
959D Existing staged development approvals
(1)
This section applies if—
(a)
Page 618
before the commencement, a staged development
approval has been granted; and
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
[s 959E]
(b)
the development approval involves a water connection
aspect; and
(c)
for the same land, or part of the same land, to which the
staged development approval relates, a later
development application for either of the following
would have been made for the water connection aspect,
if the amending Act had not commenced—
(i)
reconfiguring a lot;
(ii) operational works.
(2)
On and after the commencement, this Act does not apply to
the water connection aspect of the staged development
approval.
(3)
In this section—
staged development approval means a development approval
for reconfiguring a lot.
959E Other development approvals
(1)
(2)
This section applies if—
(a)
before the commencement, a development approval,
other than an approval to which section 959D applies,
has been given; and
(b)
the development approval involves a water connection
aspect.
This section also applies to a development approval for
operational works that—
(a)
takes effect for a development application under section
959B or 959C; and
(b)
involves a water connection aspect.
(3)
The unamended Act continues to apply to the development
approval as if the amending Act had not been enacted.
(4)
Without limiting subsection (3), the unamended Act continues
to apply to the following for the development approval—
Current as at 19 December 2014
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[s 959F]
(a)
a request to change the approval;
(b)
an appeal about the approval;
(c)
the levying of charges for the approval;
(d)
infrastructure agreements and other infrastructure
requirements relating to the approval.
Note—
See also the SEQ Water Act, section 140D.
959F
Existing compliance assessments
(1)
(2)
This section applies if—
(a)
before the commencement, a compliance assessment for
development, a document or work was required under
the unamended Act but not completed (an existing
assessment); and
(b)
former section 755G or 755H applied to the existing
assessment.
For dealing with the existing assessment, former chapter 9,
part 7A, division 4 continues to apply as if the amending Act
had not been enacted.
959G Infrastructure charges notices continue in effect etc.
(1)
Page 620
This section applies to each of the following notices given by
a distributor-retailer under the unamended Act before or after
the commencement—
(a)
an infrastructure charges notice;
(b)
an adopted infrastructure charges notice;
(c)
a regulated infrastructure charges notice;
(d)
a negotiated infrastructure charges notice;
(e)
a negotiated regulated infrastructure charges notice;
(f)
a negotiated adopted infrastructure charges notice.
Current as at 19 December 2014
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Chapter 10 Repeal, transitional and validation provisions
Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
[s 959H]
(2)
The unamended Act continues to apply to the notice as if the
amending Act had not been enacted.
Note—
See also the SEQ Water Act, section 140D.
959H Infrastructure agreements
(1)
(2)
959I
This section applies to an infrastructure agreement that—
(a)
is in force immediately before the commencement; and
(b)
relates to the infrastructure of a distributor-retailer in
relation to its water service or wastewater service.
The infrastructure agreement continues to have effect and is
binding on the parties to the agreement as if the amending Act
had not been enacted.
Existing land transfer agreements or requirements in lieu
of charge
(1)
An existing land transfer agreement, or an existing land
transfer requirement, not complied with immediately before
the commencement continues to have effect.
(2)
Despite the repeal of former sections 755L and 755MA, the
sections continue to apply for the existing land transfer
agreement or existing land transfer requirement, as is
applicable.
(3)
In this section—
existing land transfer agreement means an agreement
mentioned in former section 755L(1)(d) or 755MA(2)(d) or
(9)(c).
existing land transfer requirement means a requirement
under former section 755L(2) or 755MA(4).
Current as at 19 December 2014
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Part 10 Transitional provisions for Environmental Offsets Act 2014
[s 960]
960
Transitional regulation-making power
(1)
A regulation (a transitional regulation) may make provision
of a saving or transitional nature for which it is necessary to
make provision to allow or facilitate the change from the
operation of the unamended Act to the operation of the
amended Act.
(2)
A transitional regulation may have retrospective operation to a
day not earlier than the day of the commencement.
(3)
A transitional regulation must declare it is a transitional
regulation.
(4)
This section and any transitional regulation expire 1 year after
the day of the commencement.
Part 10
Transitional provisions for
Environmental Offsets Act 2014
970
Continued effect to make payment
(1)
This section applies if, immediately before the
commencement of this section, an environmental offset
condition required a person to make a monetary payment to an
environmental offset trust and the payment had not been
made.
(2)
Despite the repeal of section 346A(7) by the Environmental
Offsets Act 2014, the person is still required to make the
payment.
(3)
However, a payment made in relation to an offset condition
imposed by a department is to be made to the offset account
under that Act instead of to an environmental offset trust.
Page 622
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 971]
971
Transitional regulation-making power
(1)
A regulation (a transitional regulation) may make provision
of a saving or transitional nature for which—
(a)
it is necessary to make provision to allow or facilitate
the doing of anything to achieve the transition from the
operation of this Act as in force immediately before the
commencement of this section to the operation of this
Act on and after the commencement; and
(b)
this part, or a provision under the Environmental Offsets
Act 2014, does not make provision or sufficient
provision.
(2)
A transitional regulation may have retrospective operation to a
day not earlier than the day of the commencement.
(3)
A transitional regulation must declare it is a transitional
regulation.
(4)
This section and any transitional regulation expire 1 year after
the day of the commencement.
Part 11
Savings and transitional
provisions for Sustainable
Planning (Infrastructure
Charges) and Other Legislation
Amendment Act 2014
Division 1
Purpose of part and definitions
974
Purpose of pt 11
(1)
The purpose of this part is to make particular provisions of a
savings or transitional nature.
Current as at 19 December 2014
Page 623
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 975]
(2)
Division 2 provides for matters under the unamended Act to
be saved and for the unamended Act to continue to apply to
those matters.
(3)
Division 3 provides for matters dealt with under the
unamended Act to be dealt with under the amended Act unless
a provision of division 2 or another provision of division 3
otherwise provides.
(4)
Division 4 provides for other matters including transitional
regulations.
(5)
This part does not limit the Acts Interpretation Act 1954,
section 20 and 20B unless a provision otherwise provides.
975
Definitions for pt 11
In this part—
amended Act means this Act as in force after the
commencement.
amending Act means the Sustainable Planning
(Infrastructure Charges) and Other Legislation Amendment
Act 2014.
commencement means the day the amending Act, section 18
commences.
PIP means a priority infrastructure plan under the unamended
Act.
transitional regulation see section 990(1).
unamended Act means this Act as in force immediately
before the commencement.
Page 624
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 976]
Division 2
976
Saving provisions
Deferment of LGIP requirement for existing planning
schemes
(1)
If a planning scheme in effect under the unamended Act does
not include a PIP, the planning scheme need not include an
LGIP until 1 July 2016.
(2)
However, on or after 1 July 2016, a local government may not
do any of the following unless its planning scheme includes
an LGIP—
(3)
(a)
make a charges resolution as mentioned in section 630;
(b)
impose conditions about trunk infrastructure under
section 646, 647 or 650;
(c)
give an infrastructure charges notice under section 635.
This section ceases to have effect on the commencement of
section 628A.
976A Preparing and making PIP under unamended Act
(1)
This section applies if, immediately before the
commencement, a local government has started the process
under former section 627 to prepare a PIP.
(2)
The local government may continue to prepare and make the
PIP under the unamended Act as if the amending Act had not
commenced.
(3)
For preparing and making the PIP, the guideline mentioned in
former section 627 continues to apply as if the amending Act
had not commenced.
(4)
A PIP made under subsection (2) is taken to be an LGIP under
the amended Act.
(5)
Section 982(2) and (3) apply to the PIP as made under
subsection (2).
(6)
In this section—
Current as at 19 December 2014
Page 625
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 976B]
former, in relation to a provision, means the provision as in
force immediately before the repeal or amendment of the
provision under the amending Act.
976B Existing development approvals
(1)
This section applies if, before the commencement, a
development approval has been given.
(2)
The unamended Act continues to apply to the development
approval as if the amending Act had not been enacted.
(3)
Without limiting subsection (2), the unamended Act continues
to apply to the following for the development approval—
(4)
(a)
a request to change the approval;
(b)
an appeal about the approval;
(c)
the levying of charges for the approval;
(d)
infrastructure agreements and other infrastructure
requirements relating to the approval.
Subsections (5) to (10) apply to the development approval
if—
(a)
the development approval is subject to a condition
imposed under section 848; and
(b)
either or both of the following is approved for the
development approval—
(i)
a request under section 369(1) to change the
development approval;
(ii) a request under section 383 to extend the period of
the development approval.
(5)
Despite subsections (2) and (3), an infrastructure charges
notice may be given for the development approval under the
amended Act.
(6)
However—
Page 626
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 977]
(7)
(a)
the infrastructure charges notice must relate only to the
change to, or extension of, the development approval;
and
(b)
section 626(3)(a) and (b) does not apply to the approval
of the request to change or extend the development
approval.
Subsection (8) applies to the development approval if—
(a)
it is a development approval to which section 959E
applies because of section 959E(1); and
(b)
any change to the approval is to a water connection
aspect of the approval.
(8)
A distributor-retailer may give an infrastructure charges notice
under the SEQ Water Act, chapter 4C, for the development
approval as if the development approval were a water approval
under that Act.
(9)
The SEQ Water Act, chapter 4C, applies to the giving of an
infrastructure charges notice under subsection (8)—
(a)
as if a reference in that Act to an amendment to a
condition of a water approval were a reference to a
change to, or extension of, the development approval;
and
(b)
with any other necessary changes.
(10)
However, an infrastructure charges notice given under
subsection (8) must relate only to the change to, or extension
of, the development approval.
(11)
In this section—
water connection aspect see section 959A.
977
Existing notices
(1)
This section applies to each of the following notices given
under the unamended Act before or after the
commencement—
Current as at 19 December 2014
Page 627
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 978]
(a)
an infrastructure charges notice;
(b)
a negotiated infrastructure charges notice;
(c)
a regulated infrastructure charges notice;
(d)
a negotiated regulated infrastructure charges notice;
(e)
an adopted infrastructure charges notice;
(f)
a negotiated adopted infrastructure charges notice.
(2)
The unamended Act continues to apply to each notice.
(3)
Despite subsection (2) and section 976B(2), if a person makes
a request under section 369(1) to change the development
approval the subject of the notice, the notice may be amended
under the amended Act.
(4)
However, section 657 does not apply to an infrastructure
charges notice as amended under subsection (3).
(5)
Also, subsection (3) does not apply if the notice was given by
a distributor-retailer.
Note—
For the amendment of notices given by a distributor-retailer, see the
SEQ Water Act, section 140D.
978
Existing charges
(1)
(2)
Page 628
This section applies to each of the following charges that are
payable under the unamended Act—
(a)
an infrastructure charge;
(b)
a regulated infrastructure charge;
(c)
an adopted infrastructure charge.
The unamended Act continues to apply to—
(a)
each charge; and
(b)
any offset, refund or repayment under the unamended
Act that previously applied to the charge.
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 979]
979
Charges resolutions until 1 July 2016
(1)
Subject to this section, an adopted infrastructure charges
resolution of a local government as in existence under the
unamended Act (an existing resolution) continues in effect
and is taken to be a charges resolution under the amended Act.
(1A) Subsection (1) applies even if an existing resolution includes a
provision that is contrary to, or does not otherwise comply
with, the amended Act.
Example—
An existing resolution continues in effect even if it does not comply
with section 630(3), 632(4) or 633(1).
(1B) A charge adopted under an existing resolution (an existing
charge) is taken to be an adopted charge under the amended
Act and is taken to have had effect on the day it had effect
under the unamended Act.
(1C) However, on and after 1 July 2015—
(a)
an existing resolution ceases to be a charges resolution
under the amended Act; and
(b)
an existing charge ceases to be an adopted charge under
the amended Act.
(2)
Also, an existing resolution or an existing charge is of no
effect to the extent it is inconsistent with the SPRP (adopted
charges).
(3)
If the existing resolution does not include a method for
working out the cost of infrastructure the subject of an offset
or refund, the existing resolution is taken to include a method
as set out in a guideline—
(a)
made by the Minister; and
(b)
prescribed by regulation.
(3A) If the existing resolution does not include criteria for deciding
a conversion application, the existing resolution is taken to
include criteria as set out in a guideline—
(a)
made by the Minister; and
Current as at 19 December 2014
Page 629
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 980]
(b)
prescribed by regulation.
(4)
Subsections (5) to (8) apply if the local government’s
planning scheme does not include an LGIP.
(5)
Until 1 July 2015, an existing resolution may continue to do
either or both of the following (each a saved provision)—
(a)
identify development infrastructure as
infrastructure for its local government area;
trunk
(b)
for the identified trunk infrastructure, state the required
standard of service and establishment costs.
(6)
Despite sections 630 and 631, the local government may,
before 1 July 2016 and under the amended Act, make a
charges resolution that includes a saved provision.
(7)
For applying chapter 8 under the amended Act for subsections
(5) and (6), saved provisions are taken to have been done
under the LGIP.
(8)
On and after 1 July 2016, each saved provision included in a
charges resolution under subsection (6) ceases to have effect.
980
Existing land transfer requirements in lieu of charge
(1)
An agreement mentioned under the unamended Act, section
637(1)(d), or a requirement under the unamended Act, section
637(2), not complied with immediately before the
commencement continues in force for the amended Act.
(2)
A requirement under the unamended Act, section 648K(3) not
complied with immediately before the commencement
continues in force for the amended Act.
(3)
Despite the repeal of the unamended Act, sections 637 and
648K, the sections continue to apply for the agreement or the
requirement, as is applicable.
981
Undecided appeals
(1)
Page 630
This section applies if, before the commencement, a person—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 982]
(2)
(a)
had started an appeal and it had not been finally decided
before the commencement; or
(b)
had a right to appeal under the unamended Act but had
not started an appeal.
The unamended Act continues to apply to—
(a)
the appeal and the right of appeal as mentioned in
subsection (1)(a) and (b); and
(b)
any subsequent appeal that would have been available if
the amending Act had not commenced.
Division 3
982
983
Transitional provisions
PIP to LGIP
(1)
A local government’s PIP becomes its LGIP.
(2)
The day the PIP was included in the local government’s
planning scheme is to be used for working out when the LGIP
is to be reviewed under section 94A(1)(a).
(3)
Before 1 July 2016—
(a)
an amendment to the PIP must be prepared in
accordance with the guideline mentioned in section
117(2); and
(b)
the amendment must be made.
Existing SPRP for adopted charges
(1)
On the commencement, the State Planning Regulatory
Provision (adopted charges) dated July 2012 becomes the
SPRP (adopted charges) under the amended Act.
(2)
However, the SPRP (adopted charges) mentioned in
subsection (1)—
(a)
continues subject to section 988 and a regulation under
the amended Act; and
Current as at 19 December 2014
Page 631
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 984]
(b)
(3)
984
until 1 July 2016—may identify PIAs for local
governments.
On 1 July 2016, any identified PIAs under the SPRP (adopted
charges) cease to have effect.
Existing application for development approval
(1)
This section applies to an application for a development
approval that was not decided under the unamended Act, other
than a development application to which section 959B or
959C applies.
Note—
For development applications to which section 959B or 959C applies,
see the SEQ Water Act, section 140C.
(2)
The amended Act applies to the application, including, for
example, the conditions that may be imposed on the
development approval and the charges that may be levied.
(3)
For subsection (2), section 988 applies as if the application
had become an application for development approval under
the amended Act.
985
Existing agreements under s 648G
(1)
An agreement under the unamended Act, section 648G, as the
agreement is in existence immediately before the
commencement, becomes a breakup agreement under the
amended Act.
(2)
Subsection (1) applies even if the agreement includes a
provision contrary to, or does not otherwise comply with, the
amended Act.
986
Infrastructure charges register
(1)
Page 632
This section applies to the following registers of a local
government under the unamended Act, section 724 as those
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 987]
registers were in
commencement—
(2)
987
988
existence
immediately
(a)
its infrastructure charges register;
(b)
its regulated infrastructure charges register;
(c)
its adopted infrastructure charges register.
before
the
On the commencement, the registers become part of the local
government’s infrastructure charges register under the
amended Act, section 724.
Infrastructure agreements
(1)
An infrastructure agreement in force immediately before the
commencement becomes an infrastructure agreement under
the amended Act.
(2)
Subsection (1) applies even if the infrastructure agreement
includes a provision contrary to, or does not otherwise comply
with, the amended Act.
(3)
Also, section 676(2) does not apply to the infrastructure
agreement.
Consequential provisions
The following apply to a document that, under this division,
becomes something under the amended Act—
(a)
it must be read with the changes necessary to make it
consistent with, and adapt its operation to, the amended
Act;
Example—
In line with section 983, a reference in the existing SPRP to a
maximum adopted charge for trunk infrastructure must be read
as a reference to a maximum adopted charge under the amended
Act.
(b)
a reference to the document in another Act or document
is taken to be a reference to what it has become.
Current as at 19 December 2014
Page 633
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 11 Savings and transitional provisions for Sustainable Planning (Infrastructure
Charges) and Other Legislation Amendment Act 2014
[s 989]
Division 4
989
Other provisions
Regulated infrastructure charges schedule
On the commencement, a regulated infrastructure charges
schedule in existence before the commencement ceases to
exist.
990
Transitional regulation-making power
(1)
A regulation (a transitional regulation) may make provision
of a saving or transitional nature for which it is necessary to
make provision to allow or facilitate the change from the
operation of the unamended Act to the operation of the
amended Act.
(2)
A transitional regulation may have retrospective operation to a
day not earlier than the day of the commencement.
(3)
A transitional regulation must declare it is a transitional
regulation.
(4)
This section and any transitional regulation expire 1 year after
the day of the commencement.
Page 634
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 12 Savings and transitional provisions for State Development, Infrastructure and
Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
[s 991]
Part 12
Savings and transitional
provisions for State
Development, Infrastructure
and Planning (Red Tape
Reduction) and Other
Legislation Amendment Act
2014
Division 1
Preliminary
991
Definitions for pt 12
In this part—
amending Act means the State Development, Infrastructure
and Planning (Red Tape Reduction) and Other Legislation
Amendment Act 2014.
commencement means the day this part commences.
former, in relation to a provision, means the provision as in
force immediately before the repeal or amendment of the
provision under the amending Act.
Division 2
992
Provisions for advisory panels for
iconic places
Definitions for div 2
In this division—
advisory panel means an advisory panel established under
former chapter 9, part 7B.
chairperson, of an advisory panel, means the person who,
under former chapter 9, part 7B, was the chairperson of the
panel immediately before the commencement.
Current as at 19 December 2014
Page 635
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 12 Savings and transitional provisions for State Development, Infrastructure and
Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
[s 993]
993
Dissolution of advisory panels
(1)
(2)
994
On the commencement—
(a)
each advisory panel is dissolved; and
(b)
the members of each panel go out of office.
No compensation is payable to a member because of
subsection (1).
Advisory panel’s report
(1)
This section applies despite section 993 and the repeal of
former chapter 9, part 7B.
(2)
The chairperson of each advisory panel must, as soon as
practicable after the commencement, give the Minister a
written report about the performance of the panel’s function
during—
(3)
(a)
if a report has been given to the Minister for the
2013–14 financial year—the part of the financial year in
which the panel was dissolved; or
(b)
otherwise—the 2013–14 financial year and the part of
the financial year in which the panel was dissolved.
In this section—
2013–2014 financial year means the financial year ending 30
June 2014.
Division 3
Provisions for repeal of Wild Rivers
Act 2005
994A Definition for div 3
In this division—
repealed Wild Rivers Act 2005 means the Wild Rivers Act
2005 as in force immediately before its repeal.
Page 636
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 12 Savings and transitional provisions for State Development, Infrastructure and
Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014
[s 994B]
994B Wild river references in existing development approvals
(1)
(2)
This section applies if a development approval (an existing
development approval) given before the commencement
refers to any of the following terms (a former term) under the
repealed Wild Rivers Act 2005—
(a)
a nominated waterway;
(b)
a wild river area;
(c)
a wild river declaration;
(d)
a wild river high preservation area;
(e)
a wild river preservation area;
(f)
a wild river floodplain management area;
(g)
a wild river special floodplain management area;
(h)
a wild river subartesian management area;
(i)
the wild rivers code.
For the existing development approval, the former term
continues to have the meaning given under the repealed Wild
Rivers Act 2005 as if—
(a)
that Act had not been repealed; and
(b)
the following documents in force under the repealed
Wild Rivers Act 2005 were still in force—
(i)
the wild river declaration for the land the subject of
the development approval;
(ii) the wild river code.
(3)
Subsection (2) applies despite the Regional Planning Interests
Act 2014, section 107A.
(4)
Despite chapter 6, part 8, the assessment manager for the
development application to which the existing development
approval relates may amend the approval to replace a
condition that relates to a former term if the new condition
imposes requirements that are equivalent to the replaced
condition.
Current as at 19 December 2014
Page 637
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 13 Transitional provision for Queensland Heritage and Other Legislation Amendment
Act 2014
[s 995]
(5)
As soon as practicable after amending an existing
development approval under subsection (4), the assessment
manager must give written notice of the amendment to the
holder of the approval.
Note—
See section 995A for expiry of this section.
995
Transitional regulation-making power
(1)
A regulation (a transitional regulation) may make provision
of a savings or transitional nature to allow or facilitate the
change from the operation of the repealed Wild Rivers Act
2005 to the operation of Regional Planning Interests Act 2014
for the purposes of this Act.
(2)
A transitional regulation may have retrospective operation to a
day not earlier than the day this section commences.
(3)
A transitional regulation must declare it is a transitional
regulation.
995A Expiry of div 3
This division and any transitional regulation made under
section 995 expire 1 year after the commencement.
Part 13
996
Transitional provision for
Queensland Heritage and Other
Legislation Amendment Act
2014
Provision for planning schemes in effect before 4 July
2014 that do not include an LGIP or PIP
(1)
Page 638
This section applies in relation to a planning scheme that—
Current as at 19 December 2014
Sustainable Planning Act 2009
Chapter 10 Repeal, transitional and validation provisions
Part 13 Transitional provision for Queensland Heritage and Other Legislation Amendment
Act 2014
[s 996]
(2)
(3)
(a)
does not include an LGIP; and
(b)
before 4 July 2014, did not include a PIP.
Despite section 628A, the local government for the local
government area to which the planning scheme applies may
do the following until the stated day—
(a)
adopt charges under section 630;
(b)
give an infrastructure charges notice under section 635;
(c)
impose conditions about trunk infrastructure under
section 646, 647 or 650.
In this section—
PIP see section 975.
stated day means the day that is the earlier of the following—
(a)
1 July 2016;
(b)
the day the local government amends its existing
planning scheme to include an LGIP or adopts a new
planning scheme that includes an LGIP.
Current as at 19 December 2014
Page 639
Sustainable Planning Act 2009
Schedule 1
Schedule 1
Prohibited development
schedule 3, definition prohibited development, paragraph (1)
For clearing native vegetation
3
Assessable development prescribed under section 232(1) that—
(a)
is operational work that is the clearing of native vegetation; and
(b)
is not for a relevant purpose under the Vegetation Management Act,
section 22A.
For a brothel
5
Development that is a material change of use for a brothel if—
(a)
more than 5 rooms in the proposed brothel are to be used for
providing prostitution; or
(b)
any land the subject of the development—
(i)
is in, or within 200m of the closest point on any boundary of, a
primarily residential area or an area approved for residential
development or intended to be residential in character; or
(ii) is within 200m of the closest point on any boundary of land on
which there is a residential building, place of worship, hospital,
school, kindergarten, or any other facility or place regularly
frequented by children for recreational or cultural activities;
measured according to the shortest route a person may reasonably
and lawfully take, by vehicle or on foot, between the land the subject
of the development and the other land; or
(c)
any land the subject of the development is within 100m of the
closest point on any boundary of land on which there is a residential
building, place of worship, hospital, school, kindergarten, or any
other facility or place regularly frequented by children for
recreational or cultural activities, measured in a straight line; or
(d)
for land the subject of the development that is in a town with a
population of less than 25000—
(i)
the local government for the local government area has
required that all material changes of use for such development
within the area be prohibited; and
(ii) the Minister has agreed that the development should be
prohibited.
Page 640
Current as at 19 December 2014
Sustainable Planning Act 2009
Schedule 1
For a dredging or extractive activity in the North Stradbroke Island
Region
13
Development in the North Stradbroke Island Region that is an
environmentally relevant activity under the Environmental Protection
Regulation 2008, schedule 2, part 4, section 16 to the extent it involves
dredging or extracting more than 10000 tonnes of material a year.
Current as at 19 December 2014
Page 641
Sustainable Planning Act 2009
Schedule 3
Schedule 3
Dictionary
section 6
accepted representations, for chapter 8A, see section
680R(2).
acknowledgement notice see section 267(2).
acknowledgement period see section 267(3).
Acquisition Act means the Acquisition of Land Act 1967.
acquisition land means land—
(a)
proposed to be taken or acquired under the Acquisition
Act or the State Development and Public Works
Organisation Act 1971; and
(b)
in relation to which a notice of intention to resume
under the Acquisition Act has been served, and the
proposed taking or acquisition has not been
discontinued; and
(c)
that has not been taken or acquired.
action notice see section 405(5).
additional payment condition see section 650(1).
administering authority see the Environmental Protection
Act, schedule 4.
administrative amendment, of a State planning instrument,
means an amendment correcting or changing—
Page 642
(a)
an explanatory matter about the instrument; or
(b)
the format or presentation of the instrument; or
(c)
a spelling, grammatical or mapping error in the
instrument; or
(d)
a factual matter incorrectly stated in the instrument; or
(e)
a redundant or outdated term in the instrument; or
Current as at 19 December 2014
Sustainable Planning Act 2009
Schedule 3
(f)
inconsistent numbering of provisions in the instrument;
or
(g)
a cross-reference in the instrument.
adopted charge see section 630(1).
adopted infrastructure
724(1)(ta).
charges
register
see
section
ADR provisions see section 491(1).
ADR registrar, for chapter 7, part 1, division 12A, see section
491A.
advice agency, for a development application, see section
250.
advice agency’s response see section 291(2).
affected area see section 680O(2).
affected area notation, for chapter 8A, see section 680A.
agency’s referral day, for a referral agency, means—
(a)
if the functions of the agency in relation to the
application have not been lawfully devolved or
delegated to the assessment manager—the day the
agency receives the referral agency material; or
(b)
if the agency is a concurrence agency and the functions
of the agency in relation to the application have been
lawfully devolved or delegated to the assessment
manager—
(i)
if the applicant has paid the fee mentioned in
section 272(1)(c) to the assessment manager before
the day the acknowledgement notice is given—the
day the acknowledgement notice is given; or
(ii) if the applicant has not paid the fee mentioned in
section 272(1)(c) to the assessment manager before
the day the acknowledgement notice is given—the
day the fee is paid.
agreement, for chapter 8, see section 627.
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allocation notice, for schedule 1, item 9, means an allocation
notice given under—
(a)
the Water Act 2000, section 283; or
(b)
the Coastal Protection and Management Act 1995,
section 76, before 2 December 2005.
amended Act, for part 11, see section 975.
amending Act, for part 11, see section 975.
appellant means a person who appeals to the court or a
building and development committee under chapter 7.
applicable code, for development, means a code, including a
concurrence agency code, that can reasonably be identified as
applying to the development.
applicant—
(a)
for chapter 6, means the applicant for a development
application; or
(b)
for a development application mentioned in chapter 7,
includes the person in whom the benefit of the
application vests.
applicant’s appeal period, for an appeal—
(a)
by an appellant to the court, for a development
application—see section 461(2); or
(b)
by an appellant to a building and development
committee, for an appeal under section 519—see section
519(4); or
(c)
by an appellant to a building and development
committee, for an appeal under section 522—see section
522(4); or
(d)
by an appellant to a building and development
committee, for an appeal under section 527—see section
527(2).
application—
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(a)
for chapter 6, means a development application; or
(b)
for chapter 10, part 8, division 2, see section 949.
Current as at 19 December 2014
Sustainable Planning Act 2009
Schedule 3
appropriate register, for chapter 8A, see section 680A.
appropriately qualified, for the performance of a function or
exercise of a power under this Act, includes having the
qualifications, experience or standing appropriate to perform
the function or exercise the power.
Example of standing—
a person’s classification level in the public service
approved form means a form approved by the chief executive
under section 762.
aquacultural ERA means an environmentally relevant
activity, prescribed under a regulation for this definition,
relating to aquaculture.
aquaculture see the Fisheries Act, schedule.
assessable development—
1
Generally, assessable development means development
prescribed under section 232(1)(c) to be assessable
development.
2
The term also includes development declared under a
State planning regulatory provision to be assessable
development.
3
For a planning scheme area, the term also includes other
development not prescribed under a regulation to be
assessable development, but declared to be assessable
development under any of the following that applies to
the area—
(a) the planning scheme for the area;
(b) a temporary local planning instrument;
(c) a preliminary approval to which section 242
applies.
assessing authority means—
(a)
for development under a development permit other than
development to which paragraph (c) applies—the
assessment manager giving the permit or any
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concurrence agency for the application, each for the
matters within their respective jurisdictions; or
(b)
for assessable development not covered by a
development permit—an entity that would have been the
assessment manager or a concurrence agency for the
permit if a development application had been made,
each for the matters that would have been within their
respective jurisdictions; or
(c)
for assessable development for which a private certifier
(class A) is, under the Building Act, chapter 6, engaged
to perform private certifying functions under that
Act—the private certifier or the local government; or
(d)
for self-assessable development other than building or
plumbing work—the local government or the entity
responsible for administering the code for the
development; or
(e)
for building or plumbing work carried out by or for a
public sector entity—the chief executive, however
described, of the entity; or
(f)
for an aspect of development to which a State planning
regulatory provision applies—
(i)
if the provision was jointly made by an eligible
Minister and the Minister—the chief executive of
the department administered by the Minister with
responsibility for the matter to which the State
planning regulatory provision applies; or
(ii) otherwise—the chief executive; or
(g)
for development under a compliance permit—
(i)
if the compliance assessor giving the permit for the
development is a local government or a public
sector entity—the compliance assessor; or
(ii) if the compliance assessor giving the permit for the
development is a nominated entity of a local
government—the local government; or
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Sustainable Planning Act 2009
Schedule 3
(iii) if the compliance assessor giving the permit for the
development is a nominated entity of a public
sector entity—the public sector entity; or
(h)
for development requiring compliance assessment for
which there is no compliance permit—
(i)
if the entity that would have been the compliance
assessor is a local government or a public sector
entity—the local government or public sector
entity; or
(ii) if the entity that would have been the compliance
assessor is a nominated entity of a local
government—the local government; or
(iii) if the entity that would have been the compliance
assessor is a nominated entity of a public sector
entity—the public sector entity; or
(i)
for a document or work to which a compliance
certificate applies—
(i)
if the compliance assessor giving the certificate is a
local government or a public sector entity—the
compliance assessor; or
(ii) if the compliance assessor giving the certificate is a
nominated entity of a local government—the local
government; or
(iii) if the compliance assessor giving the certificate is a
nominated entity of a public sector entity—the
public sector entity; or
(j)
for a document or work requiring compliance
assessment for which there is no compliance
certificate—
(i)
if the entity that would have been the compliance
assessor is a local government or a public sector
entity—the local government or public sector
entity; or
(ii) if the entity that would have been the compliance
assessor is a nominated entity of a local
government—the local government; or
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(iii) if the entity that would have been the compliance
assessor is a nominated entity of a public sector
entity—the public sector entity; or
(k)
for development under a development approval for
which the chief executive is the assessment manager or a
referral agency and has, under section 255D, nominated
an entity to be the assessing authority for the
development for the administration and enforcement of
a matter relating to a condition of the development
approval—the entity; or
(l)
for any other matter—the local government.
assessment and decision provisions, for chapter 6, part 11,
division 2, see section 423.
assessment manager see section 246(1).
automatic increase provision, for chapter 8, see section
631(3)(b).
available for inspection and purchase see section 723(1).
BCA means Building Code of Australia.
brothel see the Prostitution Act 1999, schedule 4.
building means a fixed structure that is wholly or partly
enclosed by walls and is roofed, and includes a floating
building and any part of a building.
Building Act means the Building Act 1975.
building and development committee means a building and
development dispute resolution committee that is established
under section 554(2)(a) or 554B(2)(a) or, if the case requires,
that may be so established.
building assessment provisions see the Building Act, section
30.
building certifier—
Page 648
1
A building certifier is an individual who, under the
Building Act, is licensed as a building certifier.
2
A reference to a building certifier includes a reference to
a private certifier.
Current as at 19 December 2014
Sustainable Planning Act 2009
Schedule 3
Building Code of Australia—
1
The Building Code of Australia is the edition, current at
the relevant time, of the Building Code of Australia
(including the Queensland Appendix) published by the
body known as the Australian Building Codes Board.
2
A reference to the code includes the edition as amended
from time to time by amendments published by the
board.
building development application means a development
application to the extent it is for building work.
building work see section 10.
business day does not include a day between 26 December of
a year and 1 January of the following year.
certificate of classification see