localgovernment.qld.gov.aulocalgovernment.qld.gov.au/resources/planning/better-planning/draft... ·...

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Planning Bill 2015

Contents

Page

Chapter 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Purpose of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Chapter 2 Planning

Part 1 Introduction

6 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

7 What are planning instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . 22

8 When planning instruments and designations have effect . . . . . . 23

Part 2 State planning instruments

9 Making or amending State planning instruments . . . . . . . . . . . . . 24

10 Minor amendments to State planning instruments . . . . . . . . . . . . 26

11 Making temporary State planning policies . . . . . . . . . . . . . . . . . . 27

12 Repealing State planning instruments . . . . . . . . . . . . . . . . . . . . . 27

13 Advice to Minister about regional plans . . . . . . . . . . . . . . . . . . . . 28

Part 3 Local planning instruments

Division 1 Introduction

14 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

15 Contents of local planning instruments . . . . . . . . . . . . . . . . . . . . 29

16 Minister’s rules and guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Division 2 Making, amending or repealing local planning instruments

17 Making or amending planning schemes. . . . . . . . . . . . . . . . . . . . 30

18 Amending planning schemes under Minister’s rules . . . . . . . . . . 32

19 Making or amending planning scheme policies . . . . . . . . . . . . . . 32

20 Making or amending TLPIs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

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21 Repealing TLPIs or planning scheme policies . . . . . . . . . . . . . . . 34

22 Reviewing planning schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Division 3 State powers for local planning instruments

23 Power of Minister to direct action be taken. . . . . . . . . . . . . . . . . . 35

24 Power of Minister to take urgent action . . . . . . . . . . . . . . . . . . . . 37

25 Limitation of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Part 4 Superseded planning schemes

Division 1 Applying superseded planning scheme

26 Request to apply superseded planning scheme . . . . . . . . . . . . . 38

Division 2 Compensation

27 When this division applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

28 Right to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

29 Deciding compensation claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

30 Amount of compensation payable . . . . . . . . . . . . . . . . . . . . . . . . 45

31 Recording payment of compensation on title . . . . . . . . . . . . . . . . 46

Part 5 Designation of premises for development of infrastructure

32 What is a designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

33 Criteria for making or amending designations . . . . . . . . . . . . . . . 47

34 Process for making or amending designation . . . . . . . . . . . . . . . 48

35 Process after making or amending designation . . . . . . . . . . . . . . 49

36 Duration of designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

37 Repealing designation—designator . . . . . . . . . . . . . . . . . . . . . . . 51

38 Repealing designation—owner’s request . . . . . . . . . . . . . . . . . . . 52

39 Noting designation in planning scheme . . . . . . . . . . . . . . . . . 52

Chapter 3 Development assessment

Part 1 Introduction


Part 2 Types of development and assessment

41 Categorising instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

42 Categories of development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

43 Categories of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

44 Exemption certificate for some assessable development. . . . . . . 58

Part 3 Development applications


45 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

46 Who is the assessment manager . . . . . . . . . . . . . . . . . . . . . . . . . 59

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47 What is a development approval . . . . . . . . . . . . . . . . . . . . . . . . . 61

Division 2 Making or changing applications

48 Right to make development applications . . . . . . . . . . . . . . . . . . . 62

49 Making development applications . . . . . . . . . . . . . . . . . . . . . . . . 62

50 Changing or withdrawing development applications. . . . . . . . . . . 63

51 Publicly notifying certain development applications . . . . . . . . . . . 64

Part 4 Assessing and deciding development applications

Division 1 Referral agency’s assessment

52 Copy of application to referral agency . . . . . . . . . . . . . . . . . . . . . 65

53 Referral agency’s assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

54 Referral agency response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

55 Response before application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

56 Effect of no response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Division 2 Assessment manager’s decision

57 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

58 Deciding development applications . . . . . . . . . . . . . . . . . . . . . . . 70

59 Deciding variation requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

60 Complying with referral agency responses. . . . . . . . . . . . . . . . . . 74

61 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

62 Deemed approval of applications . . . . . . . . . . . . . . . . . . . . . . . . . 76

Division 3 Development conditions

63 Permitted development conditions . . . . . . . . . . . . . . . . . . . . . . . . 77

64 Prohibited development conditions. . . . . . . . . . . . . . . . . . . . . . . . 78

65 Agreements about conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Part 5 Development assessment rules

66 Development assessment rules . . . . . . . . . . . . . . . . . . . . . . . . . . 80

67 Amending the rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

68 Access to and evidence of the rules. . . . . . . . . . . . . . . . . . . . . . . 81

Part 6 Development approvals

Division 1 Effect of development approval

69 When development approval has effect . . . . . . . . . . . . . . . . . . . . 82

70 When development may start. . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

71 Attachment to the premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Division 2 Changing development approvals

Subdivision 1 Changes during appeal period

72 What this subdivision is about . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

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73 Making change representations . . . . . . . . . . . . . . . . . . . . . . . . . . 85

74 Deciding change representations. . . . . . . . . . . . . . . . . . . . . . . . . 86

Subdivision 2 Changes after appeal period


76 Making change application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

77 Requirements for change applications . . . . . . . . . . . . . . . . . . . . . 88

78 Notifying affected entities of minor change application . . . . . . . . 89

79 Assessing and deciding application for minor changes . . . . . . . . 90

80 Assessing and deciding application for other changes. . . . . . . . . 91

Subdivision 3 Notice of decision


Division 3 Cancelling development approvals

82 Cancellation applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Division 4 Lapsing of and extending development approvals

83 Lapsing of approval at end of currency period . . . . . . . . . . . . . . . 95

84 Extension applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

85 Assessing and deciding extension applications . . . . . . . . . . . . . . 97

86 Lapsing of approval for failing to complete development . . . . . . . 98

Division 5 Noting development approvals on planning scheme

87 Particular approvals to be noted. . . . . . . . . . . . . . . . . . . . . . . . . . 99

Part 7 Minister’s powers


88 What this part applies to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

89 Limit on Minister’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

Division 2 Minister’s directions

Subdivision 1 Directions generally

90 Minister not required to notify, consult or consider particular material101

91 Directions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Subdivision 2 Directions to decision makers

92 Directions to decision makers—future applications . . . . . . . . . . . 101

93 Directions to decision makers—current applications . . . . . . . . . . 102

94 Report about directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

Subdivision 3 Directions to referral agencies


96 Directions to referral agency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

97 Effect of direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

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Division 3 Minister’s call in

98 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

99 Seeking representations about proposed call in . . . . . . . . . . . . . 105

100 Call in notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

101 Effect of call in notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

102 Deciding called in application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

103 Report about call ins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

Part 8 Miscellaneous

104 Valid use or preservation covenants. . . . . . . . . . . . . . . . . . . . . . . 109

105 Limitation of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

106 Regulation applies instead of local categorising instruments whenever made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

107 Refunding or waiving fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Chapter 4 Infrastructure

Part 1 Introduction


Part 2 Provisions for local governments

Division 1 Preliminary

109 Application of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

Division 2 Charges for trunk infrastructure

Subdivision 1 Adopting charges

110 Regulation prescribing charges . . . . . . . . . . . . . . . . . . . . . . . . . . 112

111 Adopting charges by resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 113

Subdivision 2 Charges resolutions

112 Contents—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

113 Provisions for participating local governments and distributor-retailers115

114 Working out cost of infrastructure for offset or refund . . . . . . . . . 116

115 Criteria for deciding conversion application . . . . . . . . . . . . . . . . . 116

116 Steps after making charges resolution . . . . . . . . . . . . . . . . . . . . . 116

Subdivision 3 Levying charges

117 When charge may be levied and recovered . . . . . . . . . . . . . . . . . 117

118 Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

119 Requirements for infrastructure charges notice . . . . . . . . . . . . . . 120

Subdivision 4 Payment

120 Payment triggers generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

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121 Agreements about payment or provision instead of payment 122

Subdivision 5 Changing charges during relevant appeal period

122 Application of this subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

123 Representations about infrastructure charges notice. . . . . . . . . . 122

124 Suspending relevant appeal period . . . . . . . . . . . . . . . . . . . . . . . 123

Division 3 Development approval conditions about trunk infrastructure

Subdivision 1 Conditions for necessary trunk infrastructure

125 Application and operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . 124

126 Necessary infrastructure conditions . . . . . . . . . . . . . . . . . . . . . . . 124

127 Offset or refund requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Subdivision 2 Conditions for extra trunk infrastructure costs

128 Imposing development conditions . . . . . . . . . . . . . . . . . . . . . . . . 127

129 Content of extra payment condition . . . . . . . . . . . . . . . . . . . . . . . 128

130 Restriction if development completely in PIA . . . . . . . . . . . . . . . . 129

131 Extra payment conditions for development outside PIA . . . . . . . . 129

132 Refund if development in PIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

133 Refund if development approval stops . . . . . . . . . . . . . . . . . . . . . 130

134 Extra payment condition does not affect other powers . . . . 131

Subdivision 3 Working out cost for required offset or refund

135 Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

Division 4 Miscellaneous provisions about trunk infrastructure

Subdivision 1 Conversion of particular non-trunk infrastructure before construction starts

136 Application of this subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

137 Application to convert infrastructure to trunk infrastructure 132

138 Deciding conversion application . . . . . . . . . . . . . . . . . . . . . . . . . . 132


140 Effect of and action after conversion . . . . . . . . . . . . . . . . . . . . . . 133

Subdivision 2 Other provisions

141 Financial provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

142 Levied charge taken to be rates . . . . . . . . . . . . . . . . . . . . . . . . . . 135

Division 5 Non-trunk infrastructure

143 Conditions local governments may impose . . . . . . . . . . . . . . . . . 135

Part 3 Provisions for State infrastructure providers

144 Imposing conditions about infrastructure . . . . . . . . . . . . . . . . . . . 136

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145 Content of State-related condition . . . . . . . . . . . . . . . . . . . . . . . . 137

146 Refund if State-related condition stops . . . . . . . . . . . . . . . . . . . . 137

147 Reimbursement by local government for replacement infrastructure 138

Part 4 Infrastructure agreements

148 Infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

149 Obligation to negotiate in good faith . . . . . . . . . . . . . . . . . . . . . . . 139

150 Content of infrastructure agreement. . . . . . . . . . . . . . . . . . . . . . . 139

151 Copy of infrastructure agreement to be given to local government 140

152 Copy of particular infrastructure agreements to be given to distributor-retailers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

153 When infrastructure agreement binds successors in title . . . . . . . 141

154 Exercise of discretion unaffected by infrastructure agreement. . . 142

155 Infrastructure agreement applies instead of approval and charges notice142

156 Agreement for infrastructure partnerships . . . . . . . . . . . . . . . . . . 142


157 Particular local government land held on trust . . . . . . . . . . . . . . . 143

Chapter 5 Offences and enforcement

Part 1 Introduction


Part 2 Development offences


160 Carrying out prohibited development . . . . . . . . . . . . . . . . . . . . . . 144

161 Carrying out assessable development without permit . . . . . . . . . 145

162 Compliance with development approval . . . . . . . . . . . . . . . . . . . . 145

163 Unlawful use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

164 Exemptions if emergency causing safety concern . . . . . . . . . . . . 145

Part 3 Enforcement notices

165 Show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

166 Enforcement notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149

167 Consulting private certifier about enforcement notice . . . . . . . . . 151

168 Notifying about show cause and enforcement notices . . . . . . . . . 152

169 Stay of enforcement notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

170 Application in response to show cause or enforcement notice. . . 153

171 Enforcement authority may remedy contravention . . . . . . . . . . . . 154

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Part 4 Offence proceedings in Magistrates Court

172 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

173 Proceedings brought in a representative capacity . . . . . . . . . . . . 155

174 Enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155

175 Order for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

176 Order for investigation expenses . . . . . . . . . . . . . . . . . . . . . . . . . 157

177 When fine is payable to local government . . . . . . . . . . . . . . . . . . 158

Part 5 Enforcement orders in P&E Court

178 Enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158

179 P&E Court’s powers about enforcement orders . . . . . . . . . . . . . . 161

Part 6 Inspectors

Division 1 Appointment

180 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 162

181 When appointment ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162

Division 2 Identity cards

182 Issuing identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163

183 Producing or displaying identity card . . . . . . . . . . . . . . . . . . . . . . 163

Part 7 Entry of places by inspectors

Division 1 Power to enter

184 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

Division 2 Entry with consent

185 Application of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

186 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 165

187 Matters inspector must tell occupier . . . . . . . . . . . . . . . . . . . . . . . 165

188 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

Division 3 Entry with warrant

Subdivision 1 Getting warrant

189 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

190 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

191 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168

192 Additional procedure for electronic application. . . . . . . . . . . . . . . 168

193 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

Subdivision 2 Entry procedure

194 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

Division 4 General powers of inspectors after entering places


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196 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

197 Requiring reasonable help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

Part 8 Other inspectors’ powers and related matters

Division 1 Stopping or moving vehicles


199 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

200 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 174

201 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 174

Division 2 Seizure by inspectors and forfeiture

Subdivision 1 Power to seize

202 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

203 Seizing evidence at a place entered with consent . . . . . . . . . . . . 175

204 Seizing evidence at a place entered with warrant . . . . . . . . . . . . 176

205 Seizing property subject to security . . . . . . . . . . . . . . . . . . . . . . . 176

206 Securing seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

Subdivision 2 Safeguards for seized things

207 Receipt and information notice for seized thing . . . . . . . . . . . . . . 178

208 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

209 Returning seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

Subdivision 3 Forfeiting seized things

210 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 181

211 Dealing with things forfeited or transferred to State . . . . . . . . . . . 182

Division 3 Disposal orders

212 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

Division 4 Other information-obtaining powers of inspectors

213 Requiring name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184

214 Requiring documents to be produced . . . . . . . . . . . . . . . . . . . . . 185

215 Requiring documents to be certified. . . . . . . . . . . . . . . . . . . . . . . 186

216 Requiring information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

Division 5 Damage

217 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 188

218 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188


219 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

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Division 7 Other offences relating to inspectors

220 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

221 Impersonating inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

Division 8 Other provisions

222 Evidential immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191


223 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

224 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 192

225 Executive officer must ensure corporation complies with Act. . . . 193

226 Responsibility for representative . . . . . . . . . . . . . . . . . . . . . . . . . 195

Chapter 6 Dispute resolution

Part 1 Introduction


Part 2 Appeal rights

228 Appeals to tribunal or P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . 196

229 Other appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

230 Rules of the P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

Part 3 Appeals to tribunal

Division 1 Development applications and approvals

231 Particular development applications. . . . . . . . . . . . . . . . . . . . . . . 199

232 Extension applications for use of classified building. . . . . . . . . . . 200

233 Change applications for minor changes . . . . . . . . . . . . . . . . . . . . 201

234 Development conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

Division 2 Building, plumbing and drainage matters

235 Applicant appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202

236 Building advisory agency appeals . . . . . . . . . . . . . . . . . . . . . . . . 203

237 Extension applications for tribunal appeal matters . . . . . . . . . . . . 203

238 Change applications for minor changes . . . . . . . . . . . . . . . . . . . . 204

239 Building and plumbing and drainage matters . . . . . . . . . . . . . . . . 205


Division 3 Charges

241 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

242 Conversion applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207

Part 4 Appeals to P&E Court


243 Appeals from tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207

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244 Development applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

245 Eligible submitter appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

246 Extension applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

247 Change applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

Division 2 Other matters


249 Local laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

250 Registered premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211

251 Compensation claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211

252 Infrastructure charges notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

253 Conversion applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

Part 5 Development tribunal

Division 1 General

254 Appointment of referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

255 Referee with conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 214

256 Establishing tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

257 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

258 Tribunal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

259 Registrar and other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

Division 2 Applications for declarations

260 Starting proceedings for declarations. . . . . . . . . . . . . . . . . . . . . . 216

261 Application for declaration about making of development application 217

262 Application for declaration about change to development approval 218

Division 3 Tribunal proceedings

263 Action when proceedings start . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

264 Chief executive excusing non-compliance . . . . . . . . . . . . . . . . . . 219

265 Ending tribunal proceedings or establishing new tribunal . . . . . . 219

266 Refunding or waiving fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220

267 Further material for tribunal proceedings . . . . . . . . . . . . . . . . . . . 221

268 Representation of Minister if State interest involved . . . . . . . . . . 221

269 Representation of parties at hearing . . . . . . . . . . . . . . . . . . . . . . 221

270 Conduct of tribunal proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . 221

271 Tribunal directions or orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222

272 Matters tribunal may consider . . . . . . . . . . . . . . . . . . . . . . . . . . . 223

273 Deciding no jurisdiction for tribunal proceedings . . . . . . . . . . . . . 223

274 Conduct of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223

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275 Deciding appeals to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

276 Notice of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

277 No costs orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225

278 Recipient’s notice of compliance with direction or order. . . . . . . . 225

279 Tribunal may extend period to take action . . . . . . . . . . . . . . . . . . 225

280 Publication of tribunal decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 225

Chapter 7 Miscellaneous

Part 1 Existing uses and rights protected

281 Existing lawful uses, works and approvals . . . . . . . . . . . . . . . . . . 226

282 Implied and uncommenced right to use . . . . . . . . . . . . . . . . . . . . 226

283 Prospective categorising regulations unaffected . . . . . . . . . . . . . 227

Part 2 Taking or purchasing land for planning purposes

284 Taking or purchasing land for planning purposes. . . . . . . . . . . . . 227

Part 3 Public access to documents

285 Public access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

286 Planning and development certificates. . . . . . . . . . . . . . . . . . . . . 230

287 Application of Information Privacy Act 2009. . . . . . . . . . . . . . . . . 230

Part 4 Urban encroachment


289 Making or renewing registrations . . . . . . . . . . . . . . . . . . . . . . . . . 231

290 Amending or cancelling registrations . . . . . . . . . . . . . . . . . . . . . . 233

291 Responsibilities of owners of registered premises . . . . . . . . . . . . 234

292 Responsibilities of owners of affected premises. . . . . . . . . . . . . . 235

293 Responsibilities on development applicants. . . . . . . . . . . . . . . . . 236

294 Rights of buyers in Milton rail precinct . . . . . . . . . . . . . . . . . . . . . 236

295 Responsibilities of registrar of titles . . . . . . . . . . . . . . . . . . . . . . . 237

296 Restriction on legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 237

297 Regulation may prescribe extra matters. . . . . . . . . . . . . . . . . . . . 239

Part 5 Other provisions

298 Party houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240

299 Application of P&E Court Act evidentiary provisions . . . . . . . . . . 241

300 Electronic service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241

301 References in Act to particular terms . . . . . . . . . . . . . . . . . . . . . . 243

302 Applied provisions apply with necessary changes . . . . . . . . . . . . 247

303 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

304 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

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305 Guideline-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

306 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

Chapter 8 Transitional provisions and repeal

Part 1 Transitional provisions for repeal of Sustainable Planning Act 2009



Division 2 General provisions

308 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250

309 Statutory instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

310 Applications generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

311 References to the old Act or provisions of the old Act . . . . . . . . . 253

312 Lawful uses of premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256

313 State planning regulatory and standard planning scheme provisions 256

314 Declaration for certain continued provisions. . . . . . . . . . . . . . . . . 257

Division 3 Planning

315 Compensation claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

Division 4 Development assessment

316 Categorising development under designations . . . . . . . . . . . . . . 258

317 Water infrastructure applications . . . . . . . . . . . . . . . . . . . . . . . . . 259

318 Development approvals and compliance permits . . . . . . . . . . . . . 260

319 Change applications for designated infrastructure . . . . . . . . . . . . 261

Division 5 Infrastructure

320 Infrastructure charges notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 261

321 Levied charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

322 Infrastructure charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

323 Infrastructure charges resolutions . . . . . . . . . . . . . . . . . . . . . . . . 262

324 Infrastructure charges in declared master plan area . . . . . . . . . . 263

325 Infrastructure conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

326 Infrastructure conditions—change or extension approval . . . . . . 264

327 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

Division 6 Enforcement and appeals

328 Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

329 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

Division 7 Miscellaneous

330 Structure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266

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331 Master plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

332 Development control plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

333 Rezoning approval conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 269

334 Rezoning approval agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 270

335 Compliance assessment of documents or works . . . . . . . . . . . . . 271

336 Public housing development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271

337 LGP&E Act approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

338 Milton XXXX Brewery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

339 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 272

Part 2 Repeal provision

340 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273

Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274

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2015

A BillforAn Act to facilitate ecologically sustainable development by providing for an efficient, effective, transparent, integrated and accountable system of land use planning and development assessment

[s 1]

Planning Act 2015Chapter 1 Preliminary

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The Parliament of Queensland enacts—

Chapter 1 Preliminary

1 Short title

This Act may be cited as the Planning Act 2015.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Purpose of the Act

(1) The purpose of this Act is to facilitate ecologically sustainabledevelopment that balances—

(a) the protection of ecological processes and naturalsystems at local, regional, State, and wider levels; and

(b) economic growth; and

(c) the maintenance of the cultural, economic, physical andsocial wellbeing of people and communities.

(2) The purpose is to be achieved through an efficient, effective,transparent, integrated and accountable system for—

(a) land use planning (planning); and

(b) development assessment.

(3) The system for achieving the purpose of this Act includes—

(a) State planning policies (including temporary ones)setting out planning and development assessmentpolicies about matters of State interest; and

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[s 3]


(b) regional plans setting out planning and developmentassessment policies about matters of State interest forparticular regions of the State; and

(c) planning schemes setting out integrated State, regionaland local planning and development assessment policiesfor all of a local government area; and

(d) temporary local planning instruments (TLPIs) settingout planning and development assessment policies toprotect all or part of a local government area fromadverse impacts in urgent or emergent circumstances;and

(e) planning scheme policies setting out policies, for all orpart of a local government area, that support—

(i) planning and development assessment policiesunder planning schemes; and

(ii) action by a local government in making oramending local planning instruments; and

(iii) action by a local government under thedevelopment assessment system; and

(f) a development assessment system, including SARA, forimplementing planning instruments and other policiesand requirements about development by—

(i) categorising development; and

(ii) categorising types of assessment for particulardevelopment; and

(iii) making, receiving, assessing and decidingdevelopment applications; and

(iv) establishing rights and responsibilities in relationto development approvals; and

(g) arrangements to expeditiously identify and authorisedevelopment of key infrastructure; and

(h) planning, development assessment, charging and otherarrangements for infrastructure, to promote—

[s 3]


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(i) integrated land use and infrastructure planning;and

(ii) the cost-effective provision of infrastructure toservice development; and

(i) a variety of offences and enforcement arrangements;and

(j) Ministerial powers to protect, or give effect to, theState’s interests relating to planning and developmentassessment; and

(k) dispute resolution (including appeals and declarations)for administrative decisions.

(4) For subsection (1)—

(a) ecological processes and natural systems are protectedif—

(i) the life-supporting capacities of air, ecosystems,soil and water are conserved, enhanced or restoredfor present and future generations; and

(ii) biological diversity is protected; and

(b) economic growth takes place if there are diverse,efficient, resilient and strong economies (includinglocal, regional and State economies) that allowcommunities to meet their needs but do not compromisethe ability of future generations to meet their needs; and

(c) the cultural, economic, physical and social wellbeing ofpeople and communities is maintained if—

(i) well-serviced, healthy, prosperous and liveablecommunities with affordable, efficient, safe andsustainable development are created andmaintained; and

(ii) areas and places of special aesthetic, architectural,cultural, historic, scientific, social or spiritualsignificance are conserved or enhanced; and

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[s 3]


(iii) integrated networks of pleasant and safe publicareas for aesthetic enjoyment and cultural,recreational or social interaction are provided; and

(iv) potential adverse impacts on climate change aretaken into account for development, and sought tobe addressed through sustainable development(like sustainable settlement patterns andsustainable urban design).

(5) An entity that performs a function or exercises a power underthis Act must, within the limits of the function or power,perform the function or exercise the power in a way thatadvances the purpose of this Act.

(6) Advancing the purposes of this Act includes—

[s 3]


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Your views are welcome about options for advancing the Act’s purposes.This section will outline how the Act’s purposes are to be advanced.Both IPA and SPA include similar sections (s1.2.2 in IPA and s 4 in SPA)describing how the Act’s purposes are to be advanced.

The following example is given as a basis for your views to demonstratethe kind of provision that could be included to build on the existingprovision.

(a) following decision-making processes that—

(i) are accountable, transparent, coordinated,effective and efficient; and

(ii) take account of short and long-termenvironmental effects of development at local,regional, State and wider levels; and

(iii) apply the precautionary principle, namely thatthe lack of full scientific certainty is not a reasonfor delaying taking a measure to preventdegradation of the environment if there arethreats of serious or irreversible environmentaldamage; and

(iv) seek to provide for equity between present andfuture generations; and

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[s 4]


4 Definitions

The dictionary in schedule 1 defines particular words used inthis Act.

Note—

For the meanings of some defined words used in particular contexts, seesection 301.

5 Act binds all persons

(1) This Act binds all persons, including—

(a) the State, other than the Coordinator-General whenperforming functions or exercising powers under theState Development Act; and

(b) providing opportunities for the community to beinvolved in making decisions; and

(c) considering the sustainable use of renewable andnon-renewable natural resources, includingbiological, energy, extractive, land and waterresources that contribute to economic developmentthrough employment creation and wealth generation;and

(d) considering housing choice and diversity, andeconomic diversity; and

(e) considering supplying infrastructure in a coordinated,efficient and orderly way; and

(f) considering amenity, conservation, energy use, healthand safety in the built environment in ways that arecost-effective and of public benefit;

(g) considering ways of minimising the adverseenvironmental effects of development (like climatechange, urban congestion and declining humanhealth).

[s 6]

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(b) the Commonwealth and the other States, to the extentParliament’s legislative power allows.

(2) However, the Commonwealth or a State can not be prosecutedfor an offence against this Act.

Chapter 2 Planning

Part 1 Introduction

6 What this chapter is about

(1) Part 2 is about State planning instruments.

(2) Part 3 is about local planning instruments.

(3) Part 4 is about superseded planning schemes andcompensation.

(4) Part 5 is about designations.

7 What are planning instruments

(1) A planning instrument is an instrument that sets out policiesfor planning or development assessment, and is either—

(a) a State planning instrument; or

(b) a local planning instrument.

(2) A State planning instrument is a planning instrument madeby the Minister to protect or give effect to State interests, andis either—

(a) a State planning policy (including a temporary Stateplanning policy); or

(b) a regional plan.

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[s 8]

Planning Act 2015Chapter 2 PlanningPart 1 Introduction

(3) A local planning instrument is a planning instrument madeby a local government, and is either—

(a) a planning scheme; or

(b) a TLPI; or

(c) a planning scheme policy.

(4) To the extent of any inconsistency—

(a) a State planning policy applies instead of a regional planor local planning instrument; and

(b) a regional plan applies instead of a local planninginstrument; and

(c) a planning scheme applies instead of a planning schemepolicy; and

(d) a TLPI applies instead of a planning scheme policy.

Note—

A TLPI may also suspend, or otherwise affect, the operation of aplanning scheme or planning scheme policy: see section 20(3).

8 When planning instruments and designations have effect

(1) This section explains when certain instruments made underthis chapter start to have effect.

(2) The effective day is the day when the following instrumentsstart to have effect—

(a) a planning instrument or designation; or

(b) an amendment or repeal of a planning instrument.

(3) If this chapter requires notice of the instrument to bepublished, the effective day is—

(a) the day on which the notice is published; or

(b) a later day stated in—

(i) the notice; or

(ii) the instrument.

[s 9]

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(4) However, with the Minister’s agreement in writing, theeffective day for the making or amendment of a TLPI is theday when the local government, at a public meeting, resolvedto give the TLPI or amendment to the Minister for approval.

(5) Also, if this chapter allows a planning instrument to berepealed by a later planning instrument, the repeal starts tohave effect when the later planning instrument starts to haveeffect.


9 Making or amending State planning instruments

(1) This section applies if the Minister proposes to make oramend a State planning instrument.

(2) The Minister must publish a public notice that states—

(a) where copies of the proposed State planning instrument,or proposed amendment, (the instrument) may beinspected or purchased; and

(b) a phone number or email address to contact forinformation about the instrument; and

(c) any person may make a written submission about theinstrument to the Minister; and

(d) the requirements for properly making a submission; and

(e) the period, after the public notice is gazetted, withinwhich a submission may be made.

(3) The period for subsection (2)(e) must be at least—

(a) for making a State planning policy—40 business days;or

(b) for amending a State planning policy—20 businessdays; or

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[s 9]

Planning Act 2015Chapter 2 Planning


(c) for making a regional plan—60 business days; or

(d) for amending a regional plan—30 business days.

(4) The Minister must give a copy of the public notice andinstrument to each affected local government.

(5) After the Minister considers all submissions that are made inaccordance with the requirements in the public notice, theMinister must decide—

(a) to make the instrument; or

(b) to make the instrument with the amendments that theMinister considers appropriate; or

(c) not to make the instrument.

(6) If the Minister decides to make the instrument (with orwithout amendments), the Minister must—

(a) publish the decision in a public notice that states—

(i) the day when the instrument was made; and

(ii) where a copy of the instrument may be inspectedor purchased; and

(b) give a copy of the notice, and the instrument, to eachaffected local government.

(7) A State planning instrument that is made or amendedsubstantially in compliance with this section is valid, as longas any non-compliance does not—

(a) restrict the public’s opportunity to properly makesubmissions about the proposed instrument; or

(b) adversely affect public awareness of the existence andnature of the proposed instrument.

(8) If the Minister decides not to make the instrument, theMinister must publish the decision in a gazette notice.

[s 10]

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10 Minor amendments to State planning instruments

(1) The Minister may make a minor amendment to a Stateplanning instrument without complying with section 9.

(2) Instead, the Minister may make a minor amendment bypublishing a public notice that states—

(a) the day when the amendment was made; and

(b) where a copy of the amended State planning instrumentmay be inspected or purchased.

(3) A minor amendment, of a State planning instrument, is anamendment that—

(a) corrects or otherwise changes—

(i) a spelling, grammatical or mapping error; or

(ii) an explanatory matter about the instrument; or

(iii) the format or presentation of the instrument; or

(iv) a factual matter incorrectly stated; or

(v) a redundant or outdated term; or

(vi) inconsistent numbering of provisions; or

(vii) a cross-reference in the instrument; or

(b) the Minister considers only reflects—

(i) a part of another State planning instrument, if theMinister considers adequate public consultationwas carried out in relation to the making of thatpart of the other State planning instrument; or

(ii) this Act or another Act; or

(c) is prescribed by regulation.

(4) The Minister must give a copy of the notice, and theamendment, to each affected local government.

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[s 11]



11 Making temporary State planning policies

(1) This section applies if the Minister considers a State planningpolicy is urgently required to protect or give effect to a Stateinterest.

(2) The Minister may make a State planning policy (a temporaryState planning policy) that has only temporary effect.

(3) A temporary State planning policy may suspend or otherwiseaffect the operation of, but does not amend or repeal, a Stateplanning instrument.

(4) Instead of complying with section 9, the Minister may make atemporary State planning policy by publishing a public noticethat states—

(a) the name of the temporary State planning policy; and

(b) if the temporary State planning policy suspends orotherwise affects the operation of another State planninginstrument—the name of the other State planninginstrument; and

(c) if the temporary State planning policy has effect only ina part of the State—the name, or a description, of thepart of the State; and

(d) where a copy of the temporary State planning policymay be inspected or purchased.

(5) The Minister must give a copy of the notice, and thetemporary State planning policy, to each affected localgovernment.

(6) The temporary State planning policy has effect for 2 years or ashorter period stated in the policy.

12 Repealing State planning instruments

(1) The Minister may repeal a State planning instrument by—

(a) making another State planning instrument thatspecifically repeals the instrument; or

[s 13]

Planning Act 2015Chapter 2 PlanningPart 3 Local planning instruments

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(b) publishing a public notice that states—

(i) the name of the State planning instrument; and

(ii) if the State planning instrument has effect only in apart of the State—the name, or a description, of thepart of the State; and

(iii) that the State planning instrument is repealed.

(2) The Minister must give a copy of the public notice to eachaffected local government.

13 Advice to Minister about regional plans

(1) The Minister may establish a regional planning committee fora region by a gazette notice that states the committee’s nameand membership.

(2) When developing and implementing a regional plan, theMinister must consider the advice of the regional planningcommittee (if any) for the region.



14 What this part is about

(1) This part sets out—

(a) the process for making, amending or repealing a localplanning instrument; and

(b) the State’s powers in relation to local planninginstruments.

(2) A local planning instrument, or amendment of a localplanning instrument, (the instrument) that is made

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substantially in compliance with the process in division 2 isvalid, as long as any non-compliance does not—

(a) for the making or amending of a planning scheme orTLPI—restrict the Minister’s opportunity to considerwhether the instrument would adversely affect Stateinterests; or

(b) if the process provides for public consultation about theinstrument—

(i) restrict the public’s opportunity to properly makesubmissions about the instrument under thatprocess; or

(ii) adversely affect public awareness of the existenceand nature of the instrument.

15 Contents of local planning instruments

(1) A planning scheme must—

(a) identify strategic outcomes for the local governmentarea to which the planning scheme applies; and

(b) include measures that facilitate the achievement of thestrategic outcomes; and

(c) coordinate and integrate the matters dealt with by theplanning scheme, including any State and regionalaspects of the matters.

(2) A regulation may prescribe requirements for the contents (therequired contents) of a local planning instrument.

(3) The required contents apply instead of a local planninginstrument, to the extent of any inconsistency.

16 Minister’s rules and guidelines

(1) The Minister must make an instrument that contains—

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(a) guidelines setting out the matters that the chief executivemust consider when preparing a notice about making oramending planning schemes; and

(b) rules setting out the process for—

(i) making amendments, of a type stated in the rules,to planning schemes; and

(ii) making or amending planning scheme policies;and

(iii) making or amending TLPIs.

(2) The Minister’s rules and guidelines start to have effect when aregulation applies the rules.

Division 2 Making, amending or repealing local planning instruments

17 Making or amending planning schemes

(1) This section applies if a local government proposes to make oramend a planning scheme.

(2) The local government must give notice of the proposedplanning scheme, or proposed amendment, (the instrument)to the chief executive.

(3) After consulting with the local government, the chiefexecutive—

(a) must give a notice about the process for making oramending the planning scheme to the local government;and

(b) may give an amended notice about the process formaking or amending the planning scheme to the localgovernment.

(4) The chief executive must consider the Minister’s guidelinesmade under section 16 when preparing the notice or anyamended notice.

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(5) The notice, or amended notice, must state at least thefollowing—

(a) the local government must publish at least 1 publicnotice about the proposal to make or amend the planningscheme;

(b) the local government must keep the proposed planningscheme or amendment available for inspection andpurchase for a period stated in the public notice of atleast—

(i) for a proposed planning scheme—40 business daysafter the day the public notice is published in thegazette; or

(ii) for a proposed amendment—20 business days afterthe day the public notice is published in the gazette

(c) the public notice must state that any person may makesubmissions to the local government about the proposedplanning scheme or amendment;

(d) a communications strategy that the local governmentmust implement about the proposed planning scheme oramendment;

(e) the local government must consider all properly madesubmissions about the planning scheme or amendment;

(f) the local government must advise persons who madeproperly made submissions about how the localgovernment dealt with the submission;

(g) the local government must give the Minister a noticecontaining a summary of the matters raised in theproperly made submissions and stating how the localgovernment dealt with the matters;

(h) after the planning scheme is made or amended, the localgovernment must publish a public notice about makingor amending the planning scheme.

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(6) The local government must make or amend the planningscheme by following the process in the notice or amendednotice.

(7) The Minister may approve the instrument if the Ministerconsiders the instrument appropriately integrates State,regional and local planning and development assessmentpolicies, including policies under any applicable Stateplanning instruments.

(8) A planning scheme replaces any other planning scheme thatthe local government administers.

(9) A local government may apply a planning scheme as acategorising instrument in relation to prescribed tidal works inthe tidal area for its non-port local government area, to theextent prescribed by regulation.

18 Amending planning schemes under Minister’s rules

(1) This section applies to an amendment of a planning schemethat the Minister’s rules made under section 16 apply to.

(2) Instead of complying with section 17, a local government mayamend a planning scheme by following the process in therules.

(3) The rules must provide for the local government to publish apublic notice about the making of the amendment.

19 Making or amending planning scheme policies

(1) A local government may make or amend a planning schemepolicy by following the process in the Minister’s rules.

(2) The rules must provide for the local government to publish apublic notice about the making or amendment of a planningscheme policy.

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20 Making or amending TLPIs

(1) A local government may make a TLPI if the localgovernment, and the Minister, decide—

(a) there is significant risk of serious adverse cultural,economic, environmental or social conditions happeningin the local government area; and

(b) the delay involved in using the process in sections 17 to19 to make or amend another local planning instrumentwould increase the risk; and

(c) the making of the TLPI would not adversely affect Stateinterests.

(2) A local government may amend a TLPI if the Ministerdecides the amendment of the TLPI would not adverselyaffect State interests.

(3) A TLPI may suspend or otherwise affect the operation ofanother local planning instrument, but does not amend orrepeal the instrument.

(4) The local government may make or amend a TLPI only byfollowing the process in the Minister’s rules.

(5) The rules must provide for—

(a) the Minister to approve a TLPI or amendment before theTLPI or amendment is made; and

(b) the local government to publish a public notice about themaking of a TLPI or amendment.

(6) The TLPI, with or without an amendment, has effect for 2years or a shorter period stated in the TLPI, unless repealedsooner.

(7) A TLPI—

(a) does not create a superseded planning scheme; and

(b) is not an adverse planning change.

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21 Repealing TLPIs or planning scheme policies

(1) A local government may repeal a TLPI, or planning schemepolicy, (the instrument) by resolution.

(2) However, if the instrument was made by, or at the direction of,the Minister, the local government must get the Minister’swritten approval before making the resolution.

(3) As soon as practicable after the local government makes theresolution, the local government must publish a public noticethat states—

(a) the name of the local government; and

(b) the name of the instrument that is to be repealed; and

(c) the day when the resolution was made.

(4) The local government must give a copy of the public notice tothe chief executive.

(5) A local government may repeal a TLPI by making, oramending, a planning scheme to specifically repeal the TLPI.

(6) The planning scheme policies for a local government area arerepealed by making (but not amending) a planning scheme forthe local government area.

22 Reviewing planning schemes

(1) A local government must—

(a) review its planning scheme within 10 years after—

(i) the planning scheme was made; or

(ii) if the planning scheme has been reviewed—theplanning scheme was last reviewed; and

(b) decide, based on that review, whether to amend orreplace the planning scheme.

(2) If the local government decides not to amend or replace theplanning scheme, the local government must—

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(a) give written reasons for the decision to the chiefexecutive; and

(b) publish a public notice, in the approved form, about thedecision; and

(c) keep a copy of the notice in a conspicuous place in thelocal government’s public office, for a period of at least40 business days after the public notice is published.

Division 3 State powers for local planning instruments

23 Power of Minister to direct action be taken

(1) This section applies to the following instruments made by alocal government—

(a) an existing local planning instrument or designation;

(b) a proposed local planning instrument or designation;

(c) a proposed amendment of a local planning instrument ordesignation.

(2) If the Minister considers the local government should takeaction in relation to an instrument—

(a) to ensure the instrument is consistent with the requiredcontents for the instrument; or

(b) to protect, or give effect to, a State interest;

the Minister must give the local government a notice thatcomplies with subsection (3).

(3) The notice must state—

(a) the action that the Minister considers the localgovernment should take; and

(b) the reasons for taking the action; and

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(c) the reasonable period within which the localgovernment may make submissions to the Ministerabout the local government taking the action.

(4) After the Minister considers all submissions made inaccordance with the notice, the Minister must decide—

(a) to direct the local government to take the actionmentioned in the notice; or

(b) to direct the local government to take other action; or

(c) not to direct the local government to take any action.

(5) Without limiting subsection (4), the Minister may direct thelocal government—

(a) to review a local planning instrument, in accordancewith section 22, and report the results of the review tothe Minister; or

(b) to review a designation, and report the results of thereview to the Minister; or

(c) to make, amend or repeal a local planning instrument inaccordance with—

(i) a relevant process in sections 17 to 21; or

(ii) the process in the Minister’s notice; or

(d) to amend or repeal a designation.

(6) If the Minister decides to direct the local government to takeaction, the Minister must give the local government a noticethat states—

(a) the nature of the action; and

(b) a reasonable period within which the local governmentmust take the action.

(7) If the local government does not take the action, the Ministermay—

(a) take the action; and

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(b) recover any expense that the Minister reasonably incursin taking the action from the local government as a debtowing to the State.

(8) The action taken by the Minister has the same effect as if thelocal government had taken the action.

24 Power of Minister to take urgent action

(1) This section applies if the Minister considers—

(a) action should be taken under section 23(2)(b) to protect,or give effect to, a State interest; and

(b) the action must be taken urgently.

(2) The Minister may give the local government a notice thatstates—

(a) the action that the Minister intends to take; and

(b) the reasons for taking the action.

(3) After giving the notice, the Minister may take the action inaccordance with the process in the Minister’s rules without—

(a) giving a direction to the local government under section23; or

(b) consulting with any person before taking the action.

(4) The action taken by the Minister has the same effect as if thelocal government had taken the action.

(5) Any expense that the Minister reasonably incurs in taking theaction may be recovered from the local government as a debtowing to the State.

25 Limitation of liability

(1) A local government does not incur liability for anything thelocal government does or does not do in complying with adirection of the Minister, or action taken by the Minister,under this division in relation to—

[s 26]

Planning Act 2015Chapter 2 PlanningPart 4 Superseded planning schemes

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(a) an existing local planning instrument; or

(b) a proposed local planning instrument; or

(c) a proposed amendment of a local planning instrument.

(2) If subsection (1) prevents liability attaching to a localgovernment, the liability attaches instead to the State.


Division 1 Applying superseded planning scheme

26 Request to apply superseded planning scheme

(1) This section applies if a person wants a superseded planningscheme to apply to a proposed development application orproposed development.

(2) A superseded planning scheme is a planning scheme,together with any related planning scheme policies, that wasin effect just before either or both of the following—

(a) the planning scheme was amended or replaced;

(b) any of the planning scheme policies were amended,replaced or repealed.

(3) A person may, within 1 year after the planning scheme andrelated policies become a superseded planning scheme, makea superseded planning scheme request in relation to thesuperseded planning scheme.

(4) A superseded planning scheme request is a written request toa local government—

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(a) to accept, assess and decide a development application(a superseded planning scheme application) under asuperseded planning scheme; or

(b) to apply a superseded planning scheme to the carryingout of development that was accepted developmentunder the superseded planning scheme.

(5) A regulation may prescribe the following in relation to asuperseded planning scheme request—

(a) that the request must be made in an approved form;

(b) the information that must be given with the request;

(c) how the local government may set a fee for consideringthe request;

(d) the period for deciding the request, and how the periodmay be extended;

(e) when and how a local government must notify theperson making the request of the local government’sdecision;

(f) any other matter related to deciding the request.

(6) The local government must decide whether or not to agree to asuperseded planning scheme request within the periodprescribed by, or extended in accordance with, the regulation.

(7) The local government must, within 5 business days aftermaking the decision, give a decision notice to the person whomade the superseded planning scheme request.

(8) If, within that period, the local government does not give adecision notice to the person, the local government is taken tohave agreed to the superseded planning scheme request.

(9) If the local government decides to agree, or is taken to haveagreed, to a request under subsection (4)(a)—

(a) the superseded planning scheme application must bemade within 6 months after the local government—

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(i) gives a decision notice to the person who made therequest; or

(ii) is taken to have agreed to the request; and

(b) the superseded planning scheme application may bemade for prohibited development, despite section 48(2).

(10) If the local government decides to agree, or is taken to haveagreed, to a request under subsection (4)(b)—

(a) the development may be carried out under thesuperseded planning scheme; and

(b) the following apply to the decision as if the decisionwere a development approval, given by the localgovernment as the assessment manager, that took effecton the day when the decision notice was given or thelocal government is taken to have agreed to therequest—

(i) chapter 3, part 6, division 4;

(ii) section 246.

(11) Despite section 43(5) and (6), an assessment manager mustassess a superseded planning scheme application as if thesuperseded planning scheme was in effect instead of—

(a) the planning scheme; and

(b) any related planning scheme policies.


27 When this division applies

(1) This division applies in relation to an adverse planningchange.

(2) An adverse planning change is a planning change thatreduces the value of an interest in premises.

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(3) An adverse planning change includes a planning change (apublic purpose change) that limits the use of premises to—

(a) the purpose for which the premises were lawfully beingused when the change was made; or

(b) a public purpose.

(4) However, an adverse planning change does not include aplanning change that—

(a) has the same effect as another statutory instrument,other than a TLPI, for which compensation is notpayable; or

(b) is made to include required contents; or

(c) includes, removes or changes the infrastructure shownin a planning scheme, including under a designation; or

(d) is about matters included in an LGIP; or

(e) is made—

(i) to reduce the risk to persons or property fromnatural events (like bush fires, coastal erosion,flooding or landslides); and

(ii) in accordance with rules that are made by theMinister, and are applied by regulation; or

(f) is about the relationships between, the location of, or thephysical characteristics of, buildings, works or lots, ifthe yield achievable is not substantially different fromthe yield achievable before the change.

(5) The rules under subsection (4)(e) must require a localgovernment to prepare a report assessing feasible alternativesfor reducing the risk mentioned in subsection (4)(e), includingimposing lawful development conditions on developmentapprovals.

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(6) The yield achievable is not substantially different from theyield achievable before the change, in relation to residentialbuilding work, if the gross floor area of the residentialbuilding—

(a) is not more than 2000m2; and

(b) is reduced by not more than 15%.

(7) In this section—

gross floor area means the sum of the floor areas (includingall walls, columns and balconies, whether roofed or not) of allstories of every building located on a site, other than—

Your views are welcome about the approach to appropriate safeguardsfor councils from claims for compensation arising from planning schemeprovisions that reduce the risk to person or property from naturalprocesses.

Under the above approach, rules would establish requirements formaking consistent and objective assessments for risk, suitable fordeveloping planning arrangements for particular premises to reducesignificant risk. The rules would require assessment to be—

(a) made in good faith; and

(b) by persons appropriately qualified in relation to the relevantnatural process; and

(c) using the best available information.

The rules would also require an assessment of alternatives for reducingthe risk.

An alternative approach is one similar to the current arrangement underthe Sustainable Planning Act 2009. Under this approach, planningarrangements to reduce significant risk to particular premises would notattract compensation if the risk could not be substantially reducedthrough conditions imposed on future development approvals.

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(a) the areas (if any) used for building services, a groundfloor public lobby or a public mall in a shopping centre;or

(b) the areas associated with the parking, loading andmanoeuvring of motor vehicles.

yield means—

(a) for buildings and works—the gross floor area, thedensity of buildings or persons, or the plot ratio,achievable for premises; or

(b) for reconfiguring a lot—the number of lots in aparticular area of land.

28 Right to compensation

(1) This section sets out when a person (an affected owner) withan interest in premises, at the time an adverse planning changestarts to have effect for the premises, has a right tocompensation because of the adverse planning change.

(2) An affected owner has a right to reasonable compensation ifthe adverse planning change is a public purpose change.

(3) An affected owner has a right to reasonable compensation inrelation to development that is assessable development afterthe adverse planning change, if—

(a) the local government refuses a superseded planningscheme request in relation to the development; and

(b) a development application has been made for thedevelopment; and

(c) the development application is—

(i) refused; or

(ii) approved with development conditions; or

(iii) approved in part, with or without developmentconditions.

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(4) An affected owner has a right to reasonable compensation inrelation to development that becomes prohibited developmentafter the adverse planning change, if the local governmentrefuses a superseded planning scheme request in relation tothe development.

(5) However, an affected owner has no right to compensationbecause of an adverse planning change—

(a) to the extent that compensation—

(i) is payable under another Act; or

(ii) has been paid to a previous owner of the interest;or

(b) for anything done in contravention of this Act.

(6) An affected owner must make a claim for compensation to thelocal government within—

(a) for subsection (2)—2 years after the adverse planningchange comes into effect; or

(b) for subsection (3) or (4)—6 months after notice of thedecision under subsection (3)(c) or (4) is given to theaffected owner.

29 Deciding compensation claim

(1) If a claim for compensation is made to the local government,the local government must decide—

(a) to approve all or part of the claim; or

(b) to refuse the claim; or

(c) if the claim relates to a public purpose change—

(i) to give a notice of intention to resume the affectedowner’s interest in premises, under the AcquisitionAct, section 7; or

(ii) in addition to or instead of approving the claim inpart or refusing the claim, to amend the planningscheme to enable premises to be used for the

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purposes that the premises were able to be used forunder the superseded planning scheme.

(2) The local government’s chief executive officer must, within70 business days after the claim is made, give the affectedowner—

(a) if subsection (1)(c)(i) applies—the notice of intention toresume; or

(b) otherwise—a notice that states—

(i) the local government’s decision; and

(ii) if the local government decides to approve all orpart of the claim—the amount of compensation tobe paid; and

(iii) all relevant appeal rights.

(3) If the local government approves all or part of the claim, thelocal government must pay the approved compensation within30 business days after—

(a) if the decision is not appealed—the appeal period ends;or

(b) if the decision is appealed—the appeal ends.

30 Amount of compensation payable

(1) The amount of compensation payable to the affected owner isthe difference between the market value of the owner’sinterest in premises just before, and just after, the adverseplanning change.

(2) When deciding the market value just after the adverseplanning change, the local government must consider—

(a) any benefit to the owner’s interest in the premises, or inany neighbouring premises, because of the adverseplanning change; and

Example—

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the likelihood of improved amenity in the locality of thepremises

(b) any benefit to the owner’s interest in neighbouringpremises because, after the adverse planning change butbefore the compensation claim was made—

(i) another planning change started to have effect; or

(ii) infrastructure, other than infrastructure that theowner funds, was constructed or improved on theneighbouring premises; and

(c) any conditions or other limitations that might reasonablyhave applied to development of the land under thesuperseded planning scheme; and

(d) for an adverse planning change that was the subject of asuperseded planning scheme request—

(i) the effect of any other planning change that startedto have effect after the adverse planning change butbefore the superseded planning scheme requestwas made; and

(ii) the effect of any development approval given undersection 28(3)(c).

(3) However, the local government must not consider the effectof—

(a) any TLPI; or

(b) the land being joined with, or separated from, otherland.

31 Recording payment of compensation on title

(1) The chief executive officer of the local government must givethe registrar of titles notice of the payment of compensationunder section 29(3).

(2) The notice must be in the form approved by the registrar.

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(3) The registrar must keep the information in the notice asinformation under the Land Title Act, section 34.


32 What is a designation

(1) A designation is a decision of the Minister, or a localgovernment, (a designator) that identifies premises for thedevelopment of one or more types of infrastructure that areprescribed by regulation.

(2) A designation may provide for, or include requirements about,the following for the infrastructure—

(a) works (like the height, shape, bulk, landscaping, orlocation of works);

(b) the use of premises, like—

(i) vehicular and pedestrian access to, and circulationon, premises; and

(ii) operating times for the use; and

(iii) ancillary uses;

(c) lessening the impact of the works or use (likeenvironmental management procedures).

(3) A designation made by a local government is taken to includeany matters in subsection (2) that are stated in writing by thechief executive for the designation.

33 Criteria for making or amending designations

(1) To make a designation, a designator must be satisfied that—

[s 34]

Planning Act 2015Chapter 2 PlanningPart 5 Designation of premises for development of infrastructure

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(a) the infrastructure will satisfy statutory requirements, orbudgetary commitments, for the supply of theinfrastructure; or

(b) there is or will be a planning need for the efficient andtimely supply of the infrastructure.

(2) Also, if the designator is the Minister, the Minister must besatisfied that adequate environmental assessment, includingadequate consultation, has been carried out in relation to thedevelopment of the infrastructure.

(3) The Minister is taken to be satisfied of those matters if theprocess in the guidelines that are made by the Minister, andare applied by regulation, is followed.

(4) However, the Minister may be satisfied of those matters inanother way.

(5) To make or amend a designation, a designator mustconsider—

(a) all relevant planning instruments; and

(b) if the premises are in a State development area under theState Development Act—any approved developmentscheme for the premises under that Act; and

(c) any properly made submissions made as part of theconsultation carried out under section 34.

34 Process for making or amending designation

(1) This section is about the process for—

(a) making a designation; or

(b) amending a designation, including by amending—

(i) the area of the premises; or

(ii) the type of infrastructure.

(2) If the Minister proposes to make or amend a designation, theMinister must give notice of the proposal to the affectedparties.

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[s 35]



(3) However, the Minister need not give the notice to an owner ofpremises if—

(a) a notice has already been given to the owner as part ofthe consultation for an assessment under section 33(2);or

(b) the Minister is unable to notify the owner after makingreasonable efforts.

(4) The notice must invite the affected parties to makesubmissions about the proposal within a period of not lessthan 15 business days after the notice is given.

(5) If, after considering any submissions properly made to theMinister, the Minister decides not to proceed with theproposal, the Minister must give a decision notice to theaffected parties.

(6) If a local government proposes to make or amend adesignation, the local government must follow the process indesignation process rules, before the local government makesor amends the designation.


designation process rules means rules that are made by theMinister, and are applied by regulation.

35 Process after making or amending designation

(1) If, after considering any submissions properly made to thedesignator, the designator decides to make or amend adesignation, the designator must publish a gazette notice thatstates—

(a) that the designation has been made or amended; and

(b) a description of the premises that is designated; and

(c) the type of infrastructure for which the premises isdesignated; and

(d) for an amendment—the nature of the amendment.

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(2) The designator must give the following things to each affectedparty and the chief executive—

(a) a copy of the notice;

(b) a notice of any requirements included in the designationunder section 32(2);

(c) a statement about how the designator dealt with anysubmissions properly made by the affected party.

Note—

For the effect of a designation on the categorisation of development, seesection 42(6)(b).

36 Duration of designation

(1) A designation stops having effect on the day (the end day)that is 6 years after the designation starts to have effect,unless—

(a) on the end day—

(i) a public sector entity owns, or has an easement forthe same purpose as the designation over, thedesignated premises; or

(ii) another entity owns, or has an easement over, thedesignated premises and construction of theinfrastructure for which the premises weredesignated started before the end day; or

(b) before the end day—

(i) a public sector entity gave a notice of intention toresume the designated premises under theAcquisition Act, section 7; or

(ii) a public sector entity signed an agreement to takedesignated premises under the Acquisition Act orto otherwise buy the premises; or

(iii) the Minister gave each local government whoselocal government area includes the designatedpremises a notice under subsection (3).

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(2) The designator may extend the duration of a designation, forup to 6 years, by publishing a gazette notice about theextension before the designation stops having effect.

(3) The designator must give notice of the extension of thedesignation to—

(a) if the Minister is the designator—each of the affectedparties and the chief executive; or

(b) if a local government is the designator—the owner ofthe premises and the chief executive.

(4) If a public sector entity discontinues proceedings to resumedesignated premises, either before or after the end day, thedesignation stops having effect on the day when theproceedings are discontinued.

37 Repealing designation—designator

(1) A designator may repeal a designation made by the designatorby publishing a gazette notice that states—

(a) that the designation is repealed; and

(b) a description of the premises that was designated; and

(c) the type of infrastructure for which the premises wasdesignated; and

(d) the reasons for the repeal.

(2) The designator must give a copy of the notice to—

(a) if the Minister is the designator—each of the affectedparties and the chief executive; or

(b) if a local government is the designator—the owner ofthe premises and the chief executive.

(3) Any development started under the designation may becompleted as if the designation had not been repealed.

(4) Subject to any requirements under section 32(2), any use ofthe premises that is the natural and ordinary consequence of

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the development is taken to be a use in existence just beforethe repeal.

38 Repealing designation—owner’s request

(1) An owner of an interest in designated premises may requestthe designator to repeal a designation made by the designatoron the basis that the designation is causing the ownerhardship.

(2) Subsection (1) does not apply if—

(a) the premises are subject to an easement for thedesignated infrastructure; or

(b) the designation also applies to other premises andrelates to a corridor for the designated infrastructure; or

(c) the premises are a road.

(3) The request must be in writing, and contain any informationthat the guidelines made under section 33 require.

(4) The designator must, within 40 business days after receivingthe request—

(a) repeal the designation, using the process under section37; or

(b) decide to refuse the request; or

(c) decide to take other action that the designator considersappropriate in the circumstances.

(5) The designator must, within 5 business days after making adecision under subsection (4)(b) or (c), give a decision noticeto the owner.

39 Noting designation in planning scheme

(1) This section applies if a local government—

(a) makes, amends, extends or repeals a designation; or

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(b) receives a notice about the Minister making, amending,extending or repealing a designation.

(2) The local government must include a note about the making,amendment, extension or repeal in—

(a) the local government’s planning scheme; and

(b) any planning scheme that the local government makesbefore the designation stops having effect.

(3) The note must—

(a) identify the premises that was designated; and

(b) describe the type of infrastructure for which thepremises was designated; and

(c) state the day when the designation, amendment,extension or repeal started to have effect.

(4) The local government must include the note in the planningscheme in a way that ensures the other provisions of thescheme that apply to the designated premises remain effective.

(5) To remove any doubt, it is declared that—

(a) the note is not an amendment of a planning scheme; and

(b) a designation is taken to be part of a planning scheme;and

(c) a designation is not the only way that a planning schememay identify infrastructure; and

(d) a designation does not affect the provisions of aplanning scheme that apply to designated premises,other than the provision that notes the designation, evenafter the designation stops having effect.

[s 40]

Planning Act 2015Chapter 3 Development assessmentPart 1 Introduction

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Chapter 3 Development assessment

Part 1 Introduction


(1) Part 2 is about the categories of development and categories ofassessment for particular development.

(2) Part 3 is about making and changing developmentapplications.

(3) Part 4 is about assessing and deciding developmentapplications.

(4) Part 5 is about the development assessment rules.

(5) Part 6 establishes rights and responsibilities in relation todevelopment approvals.

(6) Part 7 is about the Minister’s powers in relation to thedevelopment assessment system.

(7) Part 8 contains miscellaneous provisions.


41 Categorising instruments

(1) A categorising instrument is a regulation or localcategorising instrument that does any or all of the following—

(a) categorises development as prohibited, assessable oraccepted development;

(b) specifies the type of assessment required for differenttypes of assessable development;

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[s 42]

Planning Act 2015Chapter 3 Development assessment


(c) sets out the matters (the assessment benchmarks) thatan assessment manager must assess assessabledevelopment against;

(d) sets out the types of development applications for whichpublic notification is required.

Note—

See section 51 for the types of development application for which acategorising instrument may require public notification.

(2) A local categorising instrument is—

(a) a planning scheme; or

(b) a TLPI; or

(c) a variation approval.

(3) A local categorising instrument—

(a) may state that development is prohibited developmentonly if a regulation allows the local categorisinginstrument to do so; and

(b) may not state that development is assessabledevelopment if a regulation prohibits the localcategorising instrument from doing so; and

(c) may not change the effect of a specified assessmentbenchmark, or a specified part of an assessmentbenchmark, to the extent a regulation prohibits the localcategorising instrument from doing so.

(4) A regulation applies instead of a local categorisinginstrument, to the extent of any inconsistency.

Note—

This subsection operates regardless of when the categorisinginstruments were made: see section 106.

42 Categories of development

(1) There are 3 categories of development, namely prohibited,assessable or accepted development.

[s 43]

Planning Act 2015Chapter 3 Development assessmentPart 2 Types of development and assessment

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(2) Prohibited development is development for which adevelopment application may not be made.

(3) Assessable development is development for which adevelopment approval is required.

(4) Accepted development is development for which adevelopment approval is not required.

(5) A categorising instrument may assign a category ofdevelopment to development.

(6) However—

(a) if a categorising instrument does not categorise aparticular type of development, the development isaccepted development; and

(b) development in relation to infrastructure identified in adesignation is—

(i) to the extent the development is building work thatis building assessment work under the BuildingAct—the category of development stated for thebuilding work under a regulation; or

(ii) otherwise—accepted development.

43 Categories of assessment

(1) There are 2 categories of assessment for assessabledevelopment, namely [standard/code?] and [merit/impact?]assessment.

(2) A categorising instrument states the category of assessmentthat must be carried out for the development.

(3) A [standard/code?] assessment is an assessment that must becarried out only—

(a) against the assessment benchmarks in a categorisinginstrument for the development; and

(b) having regard to any matters prescribed by regulationfor this paragraph.

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[s 43]



(4) A [merit/impact?] assessment is an assessment that—

(a) must be carried out—

(i) against the assessment benchmarks in acategorising instrument for the development; and

(ii) having regard to any matters prescribed byregulation for this subparagraph; and

(b) may be carried out against, or having regard to, anyother relevant matter.

Examples of other relevant matter—

• a planning need

• the current relevance of the assessment benchmarks in thelight of changed circumstances

• whether assessment benchmarks or other prescribed matterswere based on material errors

(5) An assessment carried out against a statutory instrument, oranother document applied, adopted or incorporated (with orwithout modification) by a statutory instrument, must becarried out against the statutory instrument or document as ineffect when the application was properly made.

(6) However, if the statutory instrument is amended or replacedbefore the assessment manager decides the application, theassessment manager may give the weight that the assessmentmanager considers is appropriate, in the circumstances, to theamendment or replacement.


relevant matter does not include—

(a) any person’s personal circumstances, financial orotherwise; or

(b) a matter that is the subject of a direction given to theassessment manager, or an action taken by the Minister,under chapter 2, part 3, division 3.

[s 44]

Planning Act 2015Chapter 3 Development assessmentPart 2 Types of development and assessment

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44 Exemption certificate for some assessable development

(1) A development approval is not required for assessabledevelopment on premises if there is an exemption certificatefor the development.

(2) The following persons may give an exemption certificate—

(a) for development which, if the development and no otherdevelopment were the subject of a developmentapplication, the local government would be theassessment manager—the local government;

(b) otherwise—the chief executive.

(3) The person may give an exemption certificate if—

(a) for development for which there is a referralagency—each referral agency has agreed in writing tothe exemption certificate being given; and

(b) any of the following apply—

(i) the effects of the development would be minor orinconsequential, considering the circumstancesunder which the development was categorised asassessable development;

(ii) the development was categorised as assessabledevelopment only because of particularcircumstances that no longer apply;

(iii) the development was categorised as assessabledevelopment in error.

(4) The person must give a copy of the exemption certificate toeach owner of an interest in the premises.

(5) The exemption certificate attaches to the premises andbenefits each of the owners, the owners’ successors in title andany occupiers of the premises.

(6) The exemption certificate has effect for 2 years.

(7) However—

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[s 45]



(a) any development substantially started under theexemption certificate may be completed as if thecertificate had not expired; and

(b) any use that is the natural and ordinary consequence ofthe development is taken to be a use in existence justbefore the exemption certificate expired; and

(c) a development approval is not required for reconfiguringa lot that is the subject of the exemption certificate ifworks for the reconfiguration substantially startedbefore the certificate expires.




This part explains how a person makes a developmentapplication to an assessment manager for a developmentapproval to carry out assessable development.

46 Who is the assessment manager

(1) The assessment manager is the person responsible for eitheror both of the following—

(a) administering a properly made development application;

(b) assessing and deciding part or all of a properly madedevelopment application.

(2) Generally, a regulation prescribes who is the assessmentmanager for each type of development application.

(3) However, if—

[s 46]

Planning Act 2015Chapter 3 Development assessmentPart 3 Development applications

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(a) a regulation prescribes a local government or the chiefexecutive (each the entity) to be the assessment managerfor a development application in relation to developmentthat requires [standard/code?] assessment; and

(b) the entity keeps a list of persons who are appropriatelyqualified to be an assessment manager in relation to thatdevelopment; and

(c) someone makes a development application in relation toonly that development to a person on the entity’s list;and

(d) the person accepts the application;

the person is the assessment manager for the application.

(4) As soon as practicable after the person accepts theapplication, the person must give a copy of the application tothe prescribed assessment manager.

(5) A regulation made under subsection (2) may provide for theMinister either—

(a) to do the following—

(i) to choose the assessment manager for a particulartype of development application;

(ii) to decide that a person who could also have beenthe assessment manager is instead to be a referralagency for the application; or

(b) to require a development application to be split into 2 ormore applications.

(6) For an application for development that is tidal works, a localgovernment may exercise an assessment manager’s functionsdespite any limits on the local government’s powers under—

(a) the City of Brisbane Act, section 11; or

(b) the Local Government Act, section 9.

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[s 47]



47 What is a development approval

(1) A development approval is—

(a) a preliminary approval; or

(b) a development permit; or

(c) a combination of a preliminary approval anddevelopment permit.

(2) A preliminary approval is the part of a decision notice for adevelopment application that—

(a) approves stated development; but

(b) does not authorise the carrying out of any assessabledevelopment.

(3) A development permit is the part of a decision notice for adevelopment application that authorises the carrying out ofstated assessable development.

(4) Subject to section 64(2), a preliminary approval that is still ineffect applies instead of a later development permit for thedevelopment, to the extent of any inconsistency, unless—

(a) the development application for the development permitstates the way the development permit is to beinconsistent with the preliminary approval; or

(b) both of the following apply—

(i) after the application for the development permit ismade, the applicant agrees in writing to theinconsistency; and

(ii) if the applicant is not the owner of thepremises—the owner agrees in writing to theinconsistency.

(5) In this Act, a reference to a development approval—

(a) means the development approval as changed from timeto time; and

(b) includes the development conditions imposed on theapproval.

[s 48]


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Division 2 Making or changing applications

48 Right to make development applications

(1) A person may make a development application, including fora preliminary approval.

(2) However, a development application may not be made forprohibited development.

(3) A development application for a preliminary approval mayalso include a variation request.

49 Making development applications

(1) A development application must be—

(a) made in the approved form to the assessment manager;and

(b) accompanied by—

(i) any documents required under the form to beattached to, or given with, the application; and

(ii) the required fee (if any).

(2) The application must be accompanied by evidence of theconsent of the owner of the premises to the application, to theextent—

(a) the applicant is not the owner; and

(b) the application is for—

(i) a material change of use of premises orreconfiguring a lot; or

(ii) works on premises that are below high-water markand are outside a canal; and

(c) the premises are not excluded premises.

(3) If, under the Environmental Protection Act, section 115, adevelopment application is taken to be an application for an

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[s 50]



environmental authority, the development application mustcomply with section 125(1)(c) to (4) of that Act as if—

(a) a reference to the application were a reference to adevelopment application; and

(b) a reference to the applicant were a reference to anapplicant for a development application.

(4) An assessment manager—

(a) must accept an application that complies withsubsections (1) to (3); and

(b) must not accept an application unless it complies withsubsections (2) and (3); and

(c) may accept an application that does not comply withsubsection (1).

(5) An application that complies with subsections (1) to (3), orthat the assessment manager accepts under subsection (4)(c),is a properly made application.

50 Changing or withdrawing development applications

(1) An applicant may change or withdraw a developmentapplication, before the application is decided, by a notice to—

(a) the assessment manager; and

(b) each referral agency.

(2) However—

(a) if the change is, or includes, a change of applicant, thenotice may be given to the assessment manager by theperson who proposes to become the applicant if thenotice is accompanied by the written consent of thecurrent applicant; and

(b) section 49(2) applies for making the change as thoughthe change were an application if—

[s 51]


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(i) the applicant no longer owns the land or the changeis to include land that the applicant does not own;and

(ii) were the application to be remade with the change,section 49(2) would apply to the application; and

(c) the change may not include prohibited development.

(3) If the change is a minor change, the change does not affect thedevelopment assessment process.

51 Publicly notifying certain development applications

(1) An applicant must give public notice of a developmentapplication if the application—

(a) requires [merit/impact?] assessment; or

(b) includes a variation request.

(2) The notice must be given in the way stated in the developmentassessment rules.

(3) However, the assessment manager may assess and decide adevelopment application even if some of the requirements ofthe development assessment rules about the notice have notbeen complied with, if the assessment manager considers anynon-compliance has not—

(a) adversely affected the public’s awareness of theexistence and nature of the application; or

(b) restricted the public’s opportunity to make properlymade submissions.

(4) The notice must state that a person may make submissionsabout the application within the following time after thenotice is given—

(a) for an application that includes a variation request—30business days; or

(b) for any other application—15 business days.

(5) Any person may make submissions about the application.

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[s 52]



(6) Any submissions made about the application remain effectiveeven if the notice is given again under the developmentassessment rules.

(7) This section applies even if a referral agency has directedrefusal of all or part of the development application.

(8) The assessment manager may, at the applicant’s request, givethe notice for the applicant, for a fee of no more than thereasonable costs of doing so.


Division 1 Referral agency’s assessment

52 Copy of application to referral agency

(1) The applicant must, within the period required under thedevelopment assessment rules, give a copy of the developmentapplication, and the required fee (if any), to each referralagency.

(2) A referral agency, for a development application, is—

(a) the person prescribed by regulation as a referral agencyfor applications of that type; or

(b) if that person’s functions have been devolved ordelegated to another person—the other person; or

(c) if the Minister has decided that a person is a referralagency under section 46(5)(a)(ii)—that person.

(3) However, if a person is the assessment manager for adevelopment application, and would be a referral agency forthe application because of subsection (2)(b)—

[s 53]

Planning Act 2015Chapter 3 Development assessmentPart 4 Assessing and deciding development applications

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(a) the person is not a referral agency for the application,but the person’s functions and powers as assessmentmanager include those the person would have had as areferral agency; and

(b) the person’s fee for the development applicationincludes the required fee under subsection (1).

(4) Despite subsection (1), the applicant need not give a copy ofthe application to a referral agency if—

(a) the applicant gave the assessment manager the referralagency response mentioned in section 55(3) with theapplication; and

(b) the referral agency response states that—

(i) the referral agency does not require the applicant togive a copy to the agency; or

(ii) the referral agency does not require the applicant togive a copy to the agency if stated conditions,including a time limit within which the applicationmust be made, are satisfied; and

(c) any conditions mentioned in paragraph (b)(ii) aresatisfied.

(5) The assessment manager may, at the request of the applicant,give a copy of the application to a referral agency for theapplicant, for a fee of no more than the reasonable costs ofdoing so.

53 Referral agency’s assessment

(1) A referral agency decided by the Minister under section46(5)(a)(ii) must assess a development application inaccordance with section 58, as if the agency were theassessment manager.

(2) For any other referral agency, a regulation may prescribe thematters the referral agency—

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[s 54]



(a) may, must, or must only assess the application against;and

(b) may, must, or must only have regard to for theassessment.

(3) If the regulation refers to—

(a) a statutory instrument; or

(b) another document applied, adopted or incorporated(with or without modification) by a statutoryinstrument;

the reference is a reference to the instrument as in effect whenthe application was properly made.

(4) However, the referral agency may give the weight that thereferral agency considers is appropriate, in the circumstances,to any amendment or replacement of the instrument that cameinto effect after the application was properly made.

54 Referral agency response

(1) After assessing the development application, the referralagency must decide—

(a) to tell the assessment manager that the agency has norequirements for the application; or

(b) to direct the assessment manager to do any or all of thefollowing—

(i) to give any development approval subject to stateddevelopment conditions;

(ii) to give any development approval for only a statedpart of the development;

(iii) to give any development approval only as apreliminary approval;

(iv) to require a stated currency period for anydevelopment approval given; or

[s 55]


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(c) to direct the assessment manager to refuse theapplication for stated reasons.

(2) However, to the extent the application is a variation request,the referral agency must, instead of a decision undersubsection (1), decide—

(a) to tell the assessment manager that the agency has norequirements for the variation request; or

(b) to direct the assessment manager to do any or all of thefollowing—

(i) to approve only some of the variations sought;

(ii) subject to section 59(4)—to approve differentvariations from those sought; or

(c) to direct the assessment manager to refuse the variationrequest.

(3) The referral agency may give advice about the application tothe assessment manager.

(4) The referral agency must give a notice (a referral agencyresponse) about the referral agency’s decision to—

(a) the applicant; and

(b) the assessment manager.

(5) A regulation may limit the powers of a referral agency, forexample to the power to only give advice.

55 Response before application

(1) Sections 53 and 54 apply to the extent a response is givenbefore a proposed development application is made, by aperson who would, if the application were made, be a referralagency.

(2) However, a reference in section 53 to when the applicationwas properly made is a reference to the day the proposedapplicant first gave the person documents in relation to theproposed development application.

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[s 56]



(3) If the application—

(a) is the same or is not substantially different from theproposed application; and

(b) is made within the time, if any, stated in the response;

the response is, or is part of, the person’s referral agencyresponse for the application.

(4) The proposed applicant must, if asked, pay the person therequired fee for the referral, even if there is no application.

(5) Any fee under section 52(1) for the part of the applicationrelating to a response under this section does not have to bepaid again for the application.

56 Effect of no response

(1) If a referral agency does not give a referral agency responseunder section 54(4) within the period required under thedevelopment assessment rules, the agency is taken to havegiven a response that the agency has no requirements oradvice for the application.

(2) However, subsection (1) is subject to any provision of thedevelopment assessment rules about—

(a) extending the period for giving a response; or

(b) reviving a development application after a contraventionof the development assessment rules.

Division 2 Assessment manager’s decision

57 What this division is about

(1) This division is about deciding properly made developmentapplications, including variation requests.

[s 58]


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(2) An assessment manager must comply with this division evenif a referral agency response to the assessment manager is torefuse the application.

(3) Subject to section 60, the assessment manager’s decision mustbe based on the assessment carried out for the applicationunder section 43.

58 Deciding development applications

(1) This section applies to a properly made developmentapplication, other than any part of a development applicationthat is a variation request.

.

Your views are welcome about options for the standard/code decisionrules.

As merit/impact assessments will all require public notification and maybe subject to third party appeals, it would be desirable for thestandard/code assessment decision rules to include additional flexibilityby explicitly providing for any conflicting or competing prescribedassessment benchmarks to be balanced against each other in the decisionmaking process, while still preventing consideration of matters otherthan those prescribed.

The following 2 options are provided as a basis for your considerationand views:

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[s 58]



Option 1

‘(2) To the extent [standard/code?] assessment is required forthe development, after carrying out the assessment, theassessment manager—

(a) must decide to approve the application to the extentthe development complies with the assessmentbenchmarks for the development; and

(b) may impose development conditions on any approval;and

(c) may, to the extent the development does not complywith the assessment benchmarks, decide to refuse theapplication only if compliance can not be achieved byimposing development conditions.

‘(3) Nothing stops the assessment manager approving adevelopment application that does not comply with some orall of the assessment benchmarks for the development.

Example—

An assessment manager may approve a development application thatdoes not comply with some or all of the assessment benchmarks forthe development if the decision resolves a conflict between theassessment benchmarks, or with a referral agency response for theapplication.

[s 58]


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(3) To the extent [merit/impact?] assessment is required fordevelopment, after carrying out the assessment, theassessment manager must decide—

(a) to approve all or part of the application; or

(b) to approve all or part of the application, but imposedevelopment conditions on the approval; or

(c) to refuse the application.

(4) The assessment manager must not assess any part of theapplication for which, were that part of the application thesubject of a separate development application, there would bea different assessment manager.

Option 2

‘(2) To the extent [standard/code?] assessment is required forthe development, after carrying out the assessment, theassessment manager must decide—

(a) to approve all or part of the application; or

(b) to approve all or part of the application, but imposedevelopment conditions on the approval; or

(c) refuse the application.

Under option 1, an effective presumption in favour of approval isretained, but supplemented by an explicit statement providing for abalancing of conflicts between the prescribed assessment benchmarks, orbetween the prescribed assessment benchmarks and referral agencyresponses.

Option 2 is effectively the same as the decision rule for merit assessment,so removes an effective presumption in favour of approval. Any‘presumption’ in the decision would consequently be derived directlyfrom the expression of the relevant assessment benchmarks for thedevelopment. The key difference between standard/code andmerit/impact assessment would be the ‘bounded’ nature of astandard/code assessment under section 40(3)—the assessmentmanager’s decision must reflect only the prescribed assessmentbenchmarks and matters to which regard must be had under that section.

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[s 59]



(5) An assessment manager may give a preliminary approval toan applicant even though the development application soughta development permit.

(6) If an assessment manager approves only part of adevelopment application, the rest is taken to be refused.

59 Deciding variation requests

(1) This section applies to any part of a properly madedevelopment application that is a variation request.

(2) When assessing a variation request, the assessment managermust consider—

(a) the result of the assessment of that part of thedevelopment application that is not the variation request;and

(b) the consistency of the variations sought with the rest ofthe local planning instrument that is sought to be varied;and

(c) the effect the variations would have on any submissionrights for later development applications, particularlyconsidering the amount and detail of informationincluded in, attached to, or given with the applicationand available to submitters; and

(d) any other matter prescribed by regulation.

(3) The assessment manager must decide—

(a) to approve—

(i) all or some of the variations sought; or

(ii) different variations from those sought; or

(b) to refuse the variations sought.

(4) A variation approval may state either or both of thefollowing—

[s 60]


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(a) that the development, or other development that is thenatural and ordinary consequence of the development, isaccepted, assessable or prohibited development;

(b) assessment benchmarks for assessable developmentunder paragraph (a).

60 Complying with referral agency responses

Other than to the extent a referral agency’s response providesadvice, an assessment manager’s decision must—

(a) comply with all referral agency responses; and

(b) if a referral agency response requires conditions to beimposed on a development approval—includeconditions exactly as stated in the response.

61 Notice of decision

(1) The assessment manager must give a decision notice, in theapproved form, about the assessment manager’s decision to—


(b) if the development is in a local government area and theassessment manager is not the local government—thelocal government; and

(c) each principal submitter; and

(d) each referral agency; and

(e) if the assessment manager is a chosen assessmentmanager—the assessment manager mentioned in section46(2); and

(f) any other person prescribed by regulation.


(a) the day the decision was made; and

(b) whether the application is approved, approved in part orrefused; and

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[s 61]



(c) if the application is approved in part—the extent towhich the application is approved; and

(d) if the application is approved or approved inpart—whether the approval is a preliminary approval, adevelopment permit, or both; and

(e) if section 62(5) applies—that the assessment manager istaken to have approved the application under thatsubsection; and

(f) if development conditions are imposed—

(i) the conditions; and

(ii) for each condition—whether the condition wasimposed directly by the assessment manager orrequired to be imposed under a referral agencyresponse; and

(iii) for each condition imposed under a referral agencyresponse—the referral agency’s name; and

(iv) for each condition about infrastructure underchapter 4—the provision of this Act under whichthe condition was imposed; and

(g) if the application is refused—

(i) whether the assessment manager was directed torefuse the application and, if so, the referral agencydirecting refusal and whether the refusal was solelybecause of the direction; and

(ii) for a refusal for any reason other than because of areferral agency’s direction—the reasons for therefusal; and

(h) for a variation approval—the variations; and

(i) the name, residential or business address, and electronicaddress of each principal submitter; and

(j) all relevant appeal rights.

[s 62]


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(3) The notice must also state, or be accompanied by, all materialprescribed by regulation.

62 Deemed approval of applications

(1) This section applies to a development application if—

(a) the application requires only [standard/code?]assessment; and

(b) the assessment manager does not decide the applicationwithin the period, or extended period, allowed under thedevelopment assessment rules.

(2) However, this section does not apply to a developmentapplication—

(a) that includes a variation request; or

(b) if a referral agency directs the assessment manager—

(i) to give any development approval for only a statedpart of the development; or

(ii) to refuse the application; or

(c) that is a building development application; or

(d) that is subject to a direction under section 93(1)(b), ifthe stated period for the application under that sectionhas not ended.

(3) The applicant may, before the application is decided, give anotice (a deemed approval notice), in the approved form, thatstates the application should be approved, to the assessmentmanager.

(4) The applicant must give a copy of the deemed approval noticeto each person mentioned in section 61(1)(b), (d) or (e) for theapplication.

(5) On the day that the assessment manager receives the deemedapproval notice, the assessment manager is taken to havegiven an approval (a deemed approval) to the applicant.

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[s 63]



(6) The assessment manager may, within 10 business days afterreceiving the deemed approval notice, give the applicant adecision notice, in the approved form, in which the decision—

(a) approves the application; or

(b) approves the application subject to conditions.

(7) The deemed approval is taken to be—

(a) to the extent a referral agency or the Minister hasdirected the approval be a preliminary approval—apreliminary approval; or

(b) otherwise—the type or types of approval applied for.

(8) The deemed approval is taken to include—

(a) any conditions that a referral agency imposes; and

(b) any conditions that the Minister directed the assessmentmanager to impose under section 93(1)(d); and

(c) if the assessment manager does not give a decisionnotice to the applicant under this section—the standardconditions in the development assessment rules.

Division 3 Development conditions

63 Permitted development conditions

(1) Any development condition imposed on a developmentapproval must—

(a) be relevant to, but not be an unreasonable imposition on,the development or the use of premises as aconsequence of the development; or

(b) be reasonably required in relation to the development orthe use of premises as a consequence of thedevelopment.

(2) A development condition may—

(a) limit how long—

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(i) a lawful use may continue; or

(ii) works may remain in place; or

(b) state that development must not start until—

(i) other development permits for development on thesame premises have been given; or

(ii) other development on the same premises, includingdevelopment that the development application doesnot cover, has been substantially started orcompleted; or

Note—

For when development can otherwise start, see section 70.

(c) require compliance with an infrastructure agreement forthe land; or

(d) require development, or a part of development, to becompleted within a stated period; or

(e) require the payment of security under an agreementunder section 65 to support a requirement underparagraph (d).

Note—

See chapter 4, parts 2 and 3 for other permitted development conditions.

64 Prohibited development conditions

(1) A development condition must not—

(a) require a person other than the applicant to carry outworks for the development; or

(b) require a person to enter into an infrastructureagreement; or

(c) other than under chapter 4, part 2 or 3, require amonetary payment for the establishment, operating ormaintenance costs of, works to be carried out for, orland to be given for—

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(i) infrastructure; or

(ii) for the imposition of a condition by a Stateinfrastructure provider—infrastructure or works toprotect the infrastructure’s operation; or

(d) require an access restriction strip; or

(e) limit the period a development approval has effect for ause or works forming part of a network of infrastructure,other than State-owned or State-controlled transportinfrastructure; or

(f) be for water infrastructure about a matter for which theSEQ Water Act requires a water approval.

Examples for paragraph (f)—

A development condition that requires—

• works to be carried out

• a monetary payment

• land in fee simple to be given.

(2) A development condition must not be inconsistent with adevelopment condition of an earlier development approval ineffect for the development, unless—

(a) the same person imposes the conditions; and

(b) the applicant agrees, in writing, to the later conditionapplying; and

(c) if the applicant is not the owner of the premises—theowner agrees, in writing to the later condition applying.

(3) A development condition that complies with subsection (2)applies instead of the earlier condition.

Note—

For other limits on development conditions about environmental offsets,see the Environmental Offsets Act, section 14.

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65 Agreements about conditions

The applicant may enter into an agreement with an assessmentmanager, referral agency or other person to establish theresponsibilities, or secure the performance, of a party to theagreement about a condition.


66 Development assessment rules

(1) The Minister must make rules (the development assessmentrules) for the development assessment process, includingrules about—

(a) how notification is to be carried out for applications forwhich public notification is required; and

(b) the consideration of properly made submissions.

(2) Also, the development assessment rules may provide for—

(a) circumstances under which a development application istaken to be properly made for section 49(5); or

(b) the effect on an application of the expiry of a time limitunder, or because of a contravention of, the rules (likethe lapsing of the application); or

(c) the revival of lapsed applications; or

(d) how and when a referral agency may change itsresponse before a development application or changeapplication is decided; or

(e) the standard conditions for a deemed approval; or

(f) any matter under part 6, divisions 2 to 4; or

(g) the effect on a process under this chapter of takingaction under the Native Title Act 1993 (Cwlth), part 2,division 3.

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Examples—

• the effect, for section 50, of different types of change on adevelopment application

• the period for making referral agency responses, including whenthe responses may be made late

• matters to be considered when deciding whether or not adevelopment application, or a change to a development application,would result in a substantially different development

• matters to be considered when deciding if an action is a materialchange of use

• the periods for taking actions under the process

• the effect of not taking the actions within the periods

• provisions for information requests, and when and how theinformation can be sought

(3) The development assessment rules do not have effect unlessapplied by regulation.

(4) However, the development assessment rules are notsubordinate legislation.

67 Amending the rules

(1) The Minister may amend the development assessment rules.

(2) However, the amendment does not have effect until—

(a) the chief executive publishes both the amendment, andthe rules as amended, on the department’s website; and

(b) a regulation applies the amendment.

(3) The regulation must state the day the amendment waspublished.

68 Access to and evidence of the rules

(1) The chief executive must keep the following on thedepartment’s website—

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(a) the development assessment rules, as in effect from timeto time;

(b) endnotes to the development assessment rules thatstate—

(i) when all amendments made to the rules tookeffect; and

(ii) details of each regulation that applies the rules.

(2) The following provisions apply to the rules as if the rules wereQueensland legislation and as if a reference in the provisionsto the parliamentary counsel were a reference to the chiefexecutive—

(a) the Legislative Standards Act 1992, section 10A;

(b) the Evidence Act 1977, sections 43(h) and 46A.

(3) A failure to comply with subsection (1) does not invalidate orotherwise affect the rules.


Division 1 Effect of development approval

69 When development approval has effect

(1) This section explains when a development approval given fora development application starts to have effect.

(2) If—

(a) there is no eligible submitter, or eligible advice agency,for the application; and

(b) the applicant does not appeal;

the approval starts to have effect when the approval is given,or taken to have been given, to the applicant.

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(3) If—

(a) there is an eligible submitter, or eligible advice agency,for the application; and

(b) the applicant or eligible submitter does not appeal;

the approval starts to have effect when the last appeal periodends.

(4) If—

(a) there is an eligible submitter, or eligible advice agency,for the application; and

(b) each of those entities gives the assessment managernotice that the person will not be appealing; and

(c) the applicant does not appeal;

the approval starts to have effect when the last person’s noticeunder paragraph (b) is given.

(5) If an appeal is started and subject to the outcome of theappeal, the approval starts to have effect when the appealends.

(6) If the premises are acquisition land and the approval relates tothe purpose for which the land or an interest in the land is tobe taken or acquired, the approval starts to have effect whenthe last of the following happens—

(a) the land is taken or acquired under the Acquisition Actor the State Development Act;

(b) the development approval would, but for paragraph (a),have effect.

(7) To the extent a variation approval states any of the matters insection 59(4), the approval applies instead of a local planninginstrument, to the extent of an inconsistency, until—

(a) the development is completed; or

(b) the variation approval lapses under section 86(1).

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70 When development may start

(1) Development under a development approval may startwhen—

(a) all development permits given by assessment managersfor the development have started to have effect; and

(b) all development conditions of the permits that arerequired to be complied with before development startshave been complied with.

(2) However, if an appeal is started in relation to a developmentapproval, other than an appeal about a change application orextension application, development must not start until—

(a) the appeal ends; or

(b) the tribunal or court hearing the appeal allows all or partof the development to start, because the tribunal or courtconsiders the outcome of the appeal would not beaffected.

71 Attachment to the premises

(1) While a development approval is in effect, the approval—

(a) attaches to the premises, even if—

(i) a later development (including reconfiguring a lot)is approved for the premises; or

(ii) the premises are reconfigured; and

(b) binds the owner, the owner’s successors in title, and anyoccupier of the land.

(2) However, a development approval does not confer or implyany proprietorial rights to—

(a) the land; or

(b) a resource.

Note—

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However, see the Coastal Act, section 123 for the right to occupy landthat is the subject of a development approval for tidal works underparticular circumstances.

Division 2 Changing development approvals

Subdivision 1 Changes during appeal period

72 What this subdivision is about

This subdivision is about changing a development approval,other than the currency period, before the applicant’s appealperiod ends.

73 Making change representations

(1) The applicant may make representations (changerepresentations) to the assessment manager, during theappeal period, about changing—

(a) a matter in the development approval, other than—

(i) a matter stated because of a referral agencyresponse; or

(ii) a development condition imposed under aMinisterial direction; or

(b) the standard conditions of a deemed approval.

(2) If the applicant needs more time to make the changerepresentations, the applicant may, during the appeal period,suspend the appeal period by a notice to the assessmentmanager.

(3) Only 1 notice may be given.

(4) If a notice is given, the appeal period is suspended—

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(a) if the change representations are not made within aperiod of 20 business days after the notice is given to theassessment manager—until the end of that period; or

(b) if the change representations are made within 20business days after the notice is given to the assessmentmanager, until—

(i) the applicant withdraws the notice, by givinganother notice to the assessment manager; or

(ii) the applicant receives notice that the assessmentmanager does not agree with any of the changerepresentations; or

(iii) the assessment manager gives the applicant anegotiated decision notice; or

(iv) any period for deciding the representations underthe development assessment rules expires.

74 Deciding change representations

(1) The assessment manager must assess the changerepresentations against and having regard to the matters thatmust be considered when assessing a developmentapplication, to the extent those matters are relevant.

(2) The assessment manager must give a decision notice to—


(b) if the assessment manager agrees with any of the changerepresentations—

(i) each principal submitter; and

(ii) each referral agency; and

(iii) if the assessment manager is not a localgovernment and the development is in a localgovernment area—the relevant local government;and

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(iv) if the assessment manager was chosen from a listmentioned in section 46(3)—the assessmentmanager prescribed under section 46(2); and

(v) another person prescribed by regulation.

(3) A decision notice (a negotiated decision notice) that states theassessment manager agrees with the change representationsmust—

(a) state the nature of the changes agreed to; and

(b) comply with section 61(2) and (3).

(4) A negotiated decision notice replaces the developmentapproval.

(5) Only 1 negotiated decision notice may be given.

(6) A local government may give a replacement infrastructurecharges notice to the applicant.

Subdivision 2 Changes after appeal period


This subdivision is about changing a development approval,other than the currency period, after the applicant’s appealperiod ends.

76 Making change application

(1) A person may make an application (a change application) tochange a development approval.

(2) A change application must be made to the responsible entity.

(3) The responsible entity is—

(a) for a minor change to a development condition that areferral agency imposes—the referral agency; or

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(b) if the development approval was given because of anorder of the P&E Court, and there were properly madesubmissions for the application—the court; or

(c) for a development application that was called in—theoriginal assessment manager; or

(d) otherwise—the assessment manager.

(4) If the P&E Court is the responsible entity, the court must—

(a) for a minor change—assess and decide the changeapplication as required under this subdivision; or

(b) for any other change—refer the application to theassessment manager for assessment and decision.

(5) However, the P&E Court is not otherwise bound by theprocess under this subdivision.

77 Requirements for change applications

(1) A change application must be—

(a) made—

(i) if the responsible entity has a form for theapplication—in the form; or

(ii) by notice; and


(i) the required fee; and

(ii) for an application for a minor change—evidence toshow the applicant has complied with section 78,including a copy of any pre-request responsenotice, or response notice, for the application; and

(iii) to the extent the application relates to premises,other than excluded premises, for which theapplicant is not the owner—evidence of theconsent of the owner of the premises to the changeapplication.

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(2) The responsible entity—

(a) must accept an application that complies withsubsection (1); and

(b) must not accept an application unless it complies withsubsection (1)(b)(iii); and

(c) may accept an application that does not comply withsubsection (1)(a) to (b)(ii).

78 Notifying affected entities of minor change application

(1) Anyone who proposes to make a change application for aminor change must give notice of the proposal and the detailsof the change to each affected entity.

(2) An affected entity is any entity that would be any of thefollowing if the change application were actually made—

(a) if the responsible entity is the assessment manager—anyreferral agency for the development application otherthan the chief executive;

(b) if the responsible entity is a referral agency—theassessment manager, and any other referral agencies forthe development application, other than the chiefexecutive;

(c) if the responsible entity is the P&E Court—theassessment manager, and any referral agencies for thedevelopment application, other than the chief executive;

(d) another person prescribed by regulation.

(3) The affected entity may give the person who proposes to makethe change application a notice (a pre-request responsenotice) that states whether the affected entity objects to thechange.

(4) If the applicant for a change application has not received apre-request response notice from an affected entity, theapplicant must give a copy of the application to the affected

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entity as soon as practicable after the applicant gives theapplication to the responsible entity.

(5) An affected entity must, within 15 business days afterreceiving a copy of a change application, give the responsibleentity and the applicant a notice (a response notice) thatstates—

(a) the affected entity has no objection to the change; or

(b) the affected entity objects to the change and the reasonsfor the objection.

(6) If the affected entity does not do so, the responsible entitymust decide the application as if the affected entity had givena response notice of no objection to the change.

79 Assessing and deciding application for minor changes

(1) This section applies to a change application for a minorchange to a development approval.

(2) When assessing the change application, the responsible entitymust consider—

(a) the information the applicant included with theapplication; and

(b) if the responsible entity is the assessment manager andsubmissions were made about the developmentapplication—the submissions; and

(c) any pre-request response notice or response notice givento the person; and

(d) all matters the responsible entity would or may assessagainst or have regard to, if the change application werea development application; and

(e) any other relevant matter, other than a matter that is thesubject of a Ministerial direction of a type mentioned insection 23(5), if the direction was given to a localgovernment that is the responsible entity.

(3) For subsection (2)(d), the responsible entity—

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(a) must assess against, or have regard to, the matters thatapplied when the development application was made;and

(b) may assess against, or have regard to, the matters thatapplied when the change application was made.

(4) After assessing the change application, the responsible entitymust decide to—

(a) make the change, with or without imposingdevelopment conditions, or amending existingdevelopment conditions, relating to the change; or

(b) refuse to make the change.

(5) If there is no affected entity, the responsible entity mustdecide the application within 20 business days after receivingthe application.

(6) If there is an affected entity, the responsible entity—

(a) must not decide the application until—

(i) the responsible entity receives a pre-requestresponse notice, or response notice, from eachaffected entity; or

(ii) the end of the period of 20 business days after theresponsible entity received the application; but

(b) must decide the application within 25 business daysafter receiving the application.

(7) However, the responsible entity and the applicant may, withinthe time required under subsection (5) or (6)(b), agree toextend the period.

80 Assessing and deciding application for other changes

(1) This section applies to a change application, other than for aminor change to a development approval.

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(2) The responsible entity must deal with the change applicationunder sections 43, 50 to 60, and 62 to 65, and the developmentassessment rules, as if—

(a) the responsible entity were the assessment manager; and

(b) the change application was the original developmentapplication with the change included, but was madewhen the change application was made.

(3) However, the requirement for public notification under section51 does not apply to the change application if the change isnot a minor change only because the change may cause—

(a) a referral to a referral agency if there were no referralagencies for the development application; or

(b) a referral to extra referral agencies.

(4) The following provisions apply for assessing and deciding thechange application in relation to the development approval, asif the change were the entire development—

(a) sections 53 to 56;

(b) part 4, division 2, other than section 61 and 62.

(5) The power to impose a development condition under sections54(1)(b)(i) or 58 includes a power to amend a condition of theoriginal development approval.

Subdivision 3 Notice of decision


(1) The responsible entity, other than the P&E Court, must give adecision notice about the entity’s decision on a changeapplication to—


(b) if the responsible entity is not the assessmentmanager—the assessment manager; and

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(c) if the responsible entity is a chosen assessmentmanger—the assessment manager prescribed undersection 46(2); and

(d) any referral agency for the application; and

(e) if the responsible entity is not a local government andthe premises are in a local government area—the localgovernment whose local government area includes theland; and

(f) if the application relates to a development approvalgiven under a call in and the Minister referred theapplication to the original assessment manager—theMinister; and

(g) if the approval was given under a court order and thecourt was not the responsible entity—the court.

(2) The decision notice must state the day when—

(a) the change application was made; and

(b) the development approval for the developmentapplication was decided.

(3) If the decision is to make the change, the decision notice mustbe accompanied by a copy of the following showing thechange, including any extra development conditions—

(a) if the responsible entity is a referral agency—theagency’s response for the original developmentapplication;

(b) otherwise—the development approval.

(4) If a decision notice is given to a court, the court must attachthe notice to the court’s file for the court order.

(5) If the decision is to make the change, the decision starts tohave effect when—

(a) if no appeal is made against the decision before theappeal period ends—the appeal period ends; or

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(b) if an appeal is made against the decision—the appealends.

Division 3 Cancelling development approvals

82 Cancellation applications

(1) A person may make an application (a cancellationapplication) to cancel a development approval, unless—

(a) the development has started; and

(b) there are responsibilities under the approval relevant tothe development already undertaken—

(i) about the ongoing conduct or management of usesstarted or works carried out under the approval; or

(ii) that remain unfulfilled; and

Examples of paragraph (b)—

• a development condition about operating hours, trafficmanagement or waste management

• a development condition about restoring or rehabilitatingthe land or a building

(c) the responsibilities have not been superseded underanother development approval, or authority, under thisor another Act.

(2) A cancellation application must be made to the assessmentmanager.

(3) The application must be accompanied by—

(a) the required fee; and

(b) evidence of the consent of—

(i) if the applicant is not the owner of thepremises—the owner of the premises; and

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(ii) if there is a written agreement for a person to buythe premises from the owner of the premises—theother person; and

(iii) if the premises are subject to an easement in favourof a public utility—the public utility.

(4) On receiving an application that complies with this section,the assessment manager must—

(a) cancel the development approval; and

(b) give notice of the cancellation to—

(i) the applicant; and

(ii) each referral agency; and

(c) release any monetary security for the developmentapproval.

Division 4 Lapsing of and extending development approvals

83 Lapsing of approval at end of currency period

(1) A part of a development approval lapses at the end of thefollowing period (the currency period)—

(a) for any part of the development approval relating to amaterial change of use—if the first change of use doesnot happen within—

(i) the period stated for that part of the approval; or

(ii) if no period is stated—6 years after the approvalstarts to have effect;

(b) for any part of the development approval relating toreconfiguring a lot—if a plan for the reconfigurationthat, under a regulation, is required to be given to a localgovernment for approval is not given to the localgovernment within—

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(ii) if no period is stated—4 years after the approvalstarts to have effect;

(c) for any other part of the development approval—if thedevelopment does not substantially start within—


(ii) if no period is stated—2 years after the approvalstarts to take effect.

(2) If part of a development approval lapses, any monetarysecurity given for that part of the approval must be released.

84 Extension applications

(1) A person may make an application (an extension application)for any part of a development approval before the part of theapproval lapses.

(2) An extension application must be made to—

(b) for a development application that was called in—theoriginal assessment manager; or

(a) otherwise—the assessment manager.

(3) The extension application must be—

(a) made—

(i) if the assessment manager has a form for theapplication—in the form; or

(ii) by notice; and


(i) the required fee; and

(ii) to the extent the application relates to premises,other than excluded premises, for which theapplicant is not the owner—evidence of theconsent of the owner of the premises to theapplication.

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(4) An assessment manager—

(a) must accept an application that complies withsubsection (3); and

(b) must not accept an application unless it complies withsubsection (3)(b)(ii); and

(c) may accept an application that does not comply withsubsection (3)(a) to (b)(i).

85 Assessing and deciding extension applications

(1) When assessing an extension application, the assessmentmanager may consider any relevant matter whether or not thematter was relevant to assessing the development application.

(2) However, a relevant matter does not include a matter that isthe subject of a Ministerial direction of a type mentioned insection 23(5) if the direction was given to a local governmentthat is the assessment manager.

(3) The assessment manager must, within 20 business days afterreceiving the extension application, decide whether to—

(a) give or refuse the extension sought; or

(b) extend the currency period for a period that is differentfrom the extension sought.

(4) The assessment manager and the applicant may agree toextend the 20 business day period.

(5) The assessment manager may decide the extensionapplication even if the development approval was givenbecause of an order of the P&E Court.

(6) The assessment manager must, within 5 business days afterdeciding the extension application, give a decision notice to—


(b) any referral agency; and

(c) if the assessment manager is not a local government andthe premises are in a local government area—the local

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government whose local government area includes thepremises; and

(d) if the development approval was given because of anorder of the P&E Court—the P&E Court.

(7) If a decision notice is given to the P&E Court, the P&E Courtmust attach the notice to the court’s file for the court’s order.

(8) The development approval lapses—

(a) if the extension application is approved—at the end ofthe extended period; or

(b) if the extension application is refused and the applicantdoes not appeal—when the last of the followinghappens—

(i) the day notice is given under subsection (6);

(ii) the end of the currency period; or

(c) if the extension application is refused and the applicantdoes appeal—when the last of the following happens—

(i) the day the appeal is dismissed or withdrawn;

(ii) the end of the currency period; or

(d) if the extension application is refused, the applicant doesappeal, and the appeal is allowed—at the end of theextended period decided by the court.

(9) If an appeal is made under subsection (8)(c) or (d), theapplicant may not start development until the appeal isdecided, unless allowed by an order of the P&E Court.

86 Lapsing of approval for failing to complete development

(1) A development approval, other than a variation approval, fordevelopment lapses to the extent the development is notcompleted within any period or periods required under adevelopment condition.

(2) A variation approval for development lapses to the extent thedevelopment is not completed within—

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(a) if a development condition required the development tobe completed within a stated period or periods—thestated period; or

(b) if paragraph (a) does not apply—the period or periodsthe applicant nominated in the development application;or

(c) if paragraphs (a) and (b) do not apply—5 years after theapproval starts to have effect.

(3) However, despite the lapsing of the development approval,any security paid under a condition mentioned in section63(2)(e) may be used as stated in the approval or agreementunder section 65 (to finish the development, for example).

Division 5 Noting development approvals on planning scheme

87 Particular approvals to be noted

(1) This section applies if a local government—

(a) gives a development approval and considers theapproval is substantially inconsistent with the planningscheme; or

(b) gives a variation approval; or

(c) agrees to a superseded planning scheme request for asuperseded planning scheme to apply to particulardevelopment.

(2) The local government must—

(a) note the approval or decision on the local government’splanning scheme; and

(b) give notice of the notation, and the premises to whichthe note relates, to the chief executive.

(3) The note does not amend the planning scheme.

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(4) Failure to comply with subsection (2) does not affect thevalidity of the approval or decision.



88 What this part applies to

(1) This part applies to the following (an application)—

(a) a development application;

(b) change representations;

(c) a change application;

(d) an extension application;

(e) a cancellation application.

(2) In this part, the decision maker for one of those applicationsis—

(a) for a change application—the responsible entity; or

(b) otherwise—the assessment manager.

89 Limit on Minister’s powers

The Minister may exercise a power under this part in relationto a matter only if the matter involves, or is likely to involve, aState interest.

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Division 2 Minister’s directions

Subdivision 1 Directions generally

90 Minister not required to notify, consult or consider particular material

When exercising a power under this division, the Ministerneed not—

(a) give notice to anyone other than under subdivision 2 or3; or

(b) consult with anyone; or

(c) consider any material given to the Minister by or for anyperson in relation to the exercise or proposed exercise ofthe power.

91 Directions generally

(1) A direction given by the Minister must state—

(a) the Minister’s reasons for the direction; and

(b) the State interest for which the direction is given.

(2) The recipient of the direction must comply with the direction.

(3) The Minister may consider any failure to comply with thedirection when exercising another power under this part.

Subdivision 2 Directions to decision makers

92 Directions to decision makers—future applications

(1) The Minister may, by gazette notice, direct a decision makerto give copies of all future applications of a specified type tothe Minister at a stated time.

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(2) The Minister must give a copy of the direction to each person,other than the chief executive, that the Minister considers islikely to be—

(a) a referral agency in relation to that type of application;and

(b) if the decision maker is not the assessment manager inrelation to that type of application—the assessmentmanager.

93 Directions to decision makers—current applications

(1) The Minister may, by gazette notice, direct a decision makerto do any of the following in relation to an undecidedapplication—

(a) to exercise one of the decision maker’s functions, withina stated reasonable period;

(b) not to decide the application, within a stated period of atleast 20 business days;

(c) to decide the application, within a stated period of atleast 20 business days;

(d) for a development application for which a deemedapproval has not taken effect under section 62—toimpose stated development conditions on anydevelopment approval given;

(e) for change representations or a change application—toimpose, or amend, stated development conditions on thedevelopment approval.

(2) For subsection (1)(b)—

(a) a direction not to decide an application must state thatthe Minister may, within the stated period, call in theapplication or give a further direction; and

(b) the Minister may not call in the application after thestated period ends.

(3) The Minister must give a copy of the direction to—

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[s 94]




(b) for an application other than changerepresentations—each referral agency other than thechief executive.

(4) If a direction not to decide an application is given—

(a) the process for administering the application stops whenthe direction is given; and

(b) the balance of the process restarts on the day after—

(i) the stated period ends; or

(ii) if the Minister calls in the application or givesanother direction before the stated periodends—the Minister calls in the application or givesthe other direction.

94 Report about directions

(1) If the Minister gives a direction, the Minister must prepare areport that—

(a) states the reasons for the direction; and

(b) includes a copy of the direction.

(2) The Minister must cause a copy of the report to be tabled inthe Legislative Assembly within 14 sitting days after givingthe direction.

Subdivision 3 Directions to referral agencies


This subdivision is about directions that the Minister may giveto a referral agency for the following applications—

(a) a development application;

(b) a change application other than for a minor change.

[s 96]


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96 Directions to referral agency

(1) The Minister may, before or after the end of the period for areferral agency to assess an application, direct the referralagency—

(a) to reissue the referral agency response—

(i) if the Minister considers the response directs theimposition of a condition that does not complywith section 63 or 64—without the condition orwith another condition; or

(ii) if the Minister considers the response is not withinthe referral agency’s functions—in a stated way toensure the response is within the referral agency’sfunctions; or

(iii) if the Minister considers the referral agency has notadequately assessed the application—in a statedway that the Minister considers reflects anadequate assessment of the application; or

(b) if the Minister considers the referral agency hascontravened a period for taking an action under theprocess for administering the application—to take theaction within a stated reasonable period.

(2) At the same time as the Minister gives the direction to thereferral agency, the Minister must give a copy of the directionto—


(b) any other referral agency; and

(c) the decision maker.

97 Effect of direction

If the Minister gives a direction to a referral agency, thedecision maker must not decide the application until thereferral agency complies with the direction.

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[s 98]



Division 3 Minister’s call in

98 What this division is about

This division is about the Minister’s power to call in anapplication.

99 Seeking representations about proposed call in

(1) This section applies if the Minister proposes to call in anapplication.

(2) The Minister must give written notice (the proposed call innotice) seeking representations about the proposed call into—

(a) the decision maker; and

(b) the applicant; and

(c) any submitters for the application who the Minister isaware of when the notice is given.

(3) A regulation may prescribe matters in relation to the giving ofthe notice, including—

(a) the contents of the notice; and

(b) when the notice must be given; and

(c) the effect of giving the notice on—

(i) the development assessment process; or

(ii) any appeal period for the application; and

(d) the period (the representation period) within which aperson may make representations about the proposedcall in; and

(e) procedures for notifying persons of the Minister’sdecision in relation to any representation.

[s 100]


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(4) The Minister must consider any representations made duringthe representation period before deciding whether to call inthe application.

(5) Any approval or deemed approval for the application is takennot to be in effect from the day the applicant receives theproposed call in notice until—

(a) if the Minister decides not to call in the application—theday the applicant receives notice of the Minster’sdecision; or

(b) if the Minister decides to call in the application—theday the applicant receives a call in notice for theapproval or deemed approval.

(6) The decision maker must not decide a cancellation applicationafter the decision maker receives the proposed call in notice.

100 Call in notice

(1) The Minister may call in an application by a notice (a call innotice) to—

(a) the decision maker; and

(b) the applicant; and

(c) any referral agency, other than the chief executive; and

(d) any principal submitter; and

(e) if there are proceedings relating to the application in theP&E Court—the court.

(2) The notice must be given within 20 business days after the endof the representation period for the proposed call in notice.


(a) the reasons for the call in, including the State interestgiving rise to the call in; and

(b) for an application that is not a cancellationapplication—

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[s 101]



(i) whether the Minister intends to assess and decide,or reassess and re-decide, the application; and

(ii) the point (the restarting point) in the process foradministering the application, that the Ministerdecides, from which the process must restart.

(4) When deciding the restarting point, the Minister may consideranything the Minister considers relevant.

101 Effect of call in notice

(1) When the Minister gives a call in notice to the decisionmaker—

(a) any decision by the decision maker is of no effect; and

(b) any appeal against a decision by the decision maker isdiscontinued.

(2) The giving of a call in notice does not stop a local governmentgiving or amending an infrastructure charges notice.

102 Deciding called in application

(1) If the Minister gives a call in notice to the decision maker, theMinister may—

(a) for a cancellation application—decide the application;or

(b) for any other application—assess and decide all or partof the application; or

(c) if the call in notice is given before the decision makerdecides the application—

(i) direct the decision maker to assess all or part of theapplication; and

(ii) decide the application, or part of the application,based on the decision maker’s assessment.

[s 102]


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(2) The decision maker must give all reasonable help that theMinister requires to assess or decide the application.

Examples—

• giving all material about the application that the original assessmentmanager had before the call in or receives after the call in

• giving any other material relevant to assessing the application

(3) The following provisions do not apply to an application—

(a) for a development application—section 43(3) to (7),sections 58 to 60, to the extent those sections imposeobligations on the assessment manager, and section 62;

(b) for change representations—section 74(1);

(c) for a change application for a minor change—section79;

(d) for a change application for a change that is not a minorchange—section 80;

(e) for an extension application—section 85(1) to (4).

(4) For an application that is not a cancellation application, theMinister may consider anything the Minister considersrelevant.

(5) The Minister need not consider any referral agency response.

(6) The period stated in the development assessment rules fordeciding the application is replaced by—

(a) 30 business days; or

(b) if, before the 30 business days end, the Minister gives anotice extending the period to the entities in section100(1)—50 business days.

(7) The requirements for the content of notices under sections 61,81(2) and (3), 82(4) and 85(7) apply only to the extent theMinister considers relevant.

(8) The notice that the Minister gives about the Minister’sdecision must state the matters the Minister considered inmaking the decision.

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[s 103]



(9) The Minister must give the notice to each person who wasrequired to be given the call in notice.

103 Report about call ins

(1) If the Minister decides a called in application, the Ministermust prepare a report that—

(a) explains the nature of the decision and the matters theMinister considered in making the decision; and

(b) includes a copy of the notice of the decision.

(2) The Minister must cause a copy of the report to be tabled inthe Legislative Assembly within 14 sitting days after givingthe notice of the decision.


104 Valid use or preservation covenants

(1) A use or preservation covenant entered into in connectionwith a development application is of no effect unless thecovenant is required under—

(a) a development condition; or

(b) an infrastructure agreement.

(2) If—

(a) the requirement for a use or preservation covenant undera development condition or infrastructure agreement isremoved; or

(b) the development approval lapses;

the covenantee must register an instrument releasing thecovenant.

[s 105]

Planning Act 2015Chapter 3 Development assessmentPart 8 Miscellaneous

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(3) If a development condition or infrastructure agreement ischanged in a way that affects rights or responsibilities under ause or preservation covenant—

(a) the covenantee and the covenantor must execute a validinstrument that amends the covenant to reflect thechange; and

(b) the covenantor must register the instrument.


use or preservation covenant means a covenant under theLand Act, section 373A(4) or the Land Title Act, section97A(3)(a) or (b).

105 Limitation of liability

(1) An assessment manager or responsible entity does not incurliability for failing to have regard to a relevant matter that wasthe subject of a direction of the Minister, or action taken bythe Minister, under chapter 2, part 3, division 3.

(2) If subsection (1) prevents liability attaching to an assessmentmanager or responsible entity, the liability attaches instead tothe State

106 Regulation applies instead of local categorising instruments whenever made

(1) This section applies if a provision of this chapter states that alocal categorising instrument must not provide for a matterprescribed by regulation.

(2) The provision applies no matter when the regulation and thelocal categorising instrument commenced in relation to eachother.

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[s 107]

Planning Act 2015Chapter 4 Infrastructure

Part 1 Introduction

107 Refunding or waiving fees

An assessment manager, referral agency or responsible entitymay, but need not, refund or waive all or part of a required feein the circumstances prescribed by regulation.

Chapter 4 Infrastructure

Part 1 Introduction


(1) Part 2—

(a) authorises local governments to do either or both of thefollowing for development approvals in relation to trunkinfrastructure—

(i) adopt, by resolution, charges for developmentinfrastructure and levy charges in accordance withthe resolution;

(ii) impose particular conditions about developmentinfrastructure; and

(b) authorises local governments, for non-trunkinfrastructure, to impose particular conditions aboutdevelopment infrastructure; and

(c) provides for a regulation to govern local governmentadopted charges and charges by distributor-retailersunder the SEQ Water Act for trunk infrastructure.

(2) Part 3 authorises State infrastructure providers to imposeparticular conditions on development approvals aboutinfrastructure.

(3) Part 4 provides for agreements between public sector entitiesand others about infrastructure.

[s 109]

Planning Act 2015Chapter 4 InfrastructurePart 2 Provisions for local governments

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(4) Part 5 contains a miscellaneous provision.


Division 1 Preliminary

109 Application of this part

This part, other than section 110 and division 5, applies to alocal government only if the local government’s planningscheme includes an LGIP.

Division 2 Charges for trunk infrastructure

Subdivision 1 Adopting charges

110 Regulation prescribing charges

(1) A regulation may prescribe a maximum amount for eachadopted charge—

(a) under this chapter in relation to providing trunkinfrastructure for development; or

(b) under the SEQ Water Act in relation to providing trunkinfrastructure.

(2) The Minister may, by gazette notice, change the amount of amaximum adopted charge.

(3) Any increase under subsection (2) in a maximum adoptedcharge over a financial year must not be more than an amountequal to the amount of the maximum adopted charge at the

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[s 111]



start of the financial year multiplied by the 3-year movingaverage annual percentage increase in the PPI index for theperiod of 3 years ending at the start of the financial year.

(4) The regulation may also prescribe—

(a) the charges breakup; and

(b) development for which there may be an adopted chargeunder this chapter or land uses for which there may bean adopted charge under the SEQ Water Act for trunkinfrastructure.

(5) The regulation may identify a PIA for a local governmentarea.

(6) Subsection (5) and this subsection stop having effect on 1 July2018.


maximum adopted charge means the maximum for anadopted charge prescribed under subsection (1) as the amountof that maximum is changed, from time to time, undersubsection (2).

111 Adopting charges by resolution

(1) A local government may, by resolution (a chargesresolution), adopt charges (each an adopted charge) forproviding trunk infrastructure for development.

(2) However, a charges resolution does not, of itself, levy aninfrastructure charge.

(3) An adopted charge must not be for—

(a) works or use of premises authorised under theGreenhouse Gas Storage Act 2009, the MineralResources Act 1989, the Petroleum Act 1923 or thePetroleum and Gas (Production and Safety) Act 2004; or

(b) development in a priority development area under theEconomic Development Act 2012; or

[s 112]


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(c) development by a department, or part of a department,under a designation.

(4) A charges resolution must state the day when an adoptedcharge under the resolution is to have effect.

(5) The making of a charges resolution is subject to thissubdivision and subdivision 2.

Subdivision 2 Charges resolutions

112 Contents—general

(1) An adopted charge may be made if the charge is—

(a) prescribed by regulation; and

(b) no more than the maximum adopted charge forproviding trunk infrastructure for development.

(2) There may be different adopted charges for development indifferent parts of the local government’s area.

(3) Also, a charges resolution may—

(a) declare there is no adopted charge for all or part of therelevant local government area; or

(b) include a provision (an automatic increase provision)that provides for automatic increases in levied chargesfrom when they are levied to when they are paid.

(4) However—

(a) an automatic increase provision must state howincreases under the provision are to be worked out; and

(b) an automatic increase must not be more than the lesserof the following—

(i) the difference between the levied charge and themaximum adopted charge the local governmentcould have levied for the development when thecharge is paid;

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[s 113]



(ii) the increase for the PPI index for the periodstarting on the day the levied charge was levied andending on the day the charge is paid, adjusted byreference to the 3-yearly PPI index average.


3-yearly PPI index average means the PPI index adjusted inaccordance with the 3-year moving average quarterlypercentage change between quarters.

113 Provisions for participating local governments and distributor-retailers

(1) This section applies to each of the following entities (theparties)—

(a) a local government that is a participating localgovernment for a distributor-retailer;

(b) the distributor-retailer.

(2) The parties may make an agreement (a breakup agreement)about the charges breakup.

(3) A breakup agreement applies instead of a charges breakupprescribed by regulation.

(4) A charges resolution of the local government must state thecharges breakup for all adopted charges under the resolution.

(5) However, the adopted charges must not be more than theproportion of the maximum adopted charges—

(a) the local government may have under a breakupagreement to which the local government is a party; or

(b) if the local government is not a party to a breakupagreement—prescribed by regulation.

(6) Subsection (7) applies if there is a charges resolution of thelocal government and the parties later enter into a breakupagreement with a different charges breakup from theresolution.

[s 114]


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(7) The breakup agreement does not have effect until the later ofthe following—

(a) the local government makes a new charges resolutionthat reflects the agreement;

(b) the distributor-retailer adopts a new infrastructurecharge schedule that reflects the agreement.

114 Working out cost of infrastructure for offset or refund

(1) For working out an offset or refund under this part, a chargesresolution must include a method for working out the cost ofthe infrastructure that is the subject of the offset or refund.

(2) The method must be consistent with the parameters for thepurpose provided for under a guideline made by the Ministerand prescribed by regulation.

115 Criteria for deciding conversion application

(1) A charges resolution must include criteria for deciding aconversion application.

(2) The criteria must be consistent with parameters for the criteriaprovided for under a guideline made by the Minister andprescribed by regulation.

116 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 the planningscheme that the local government gives to, or publishesfor, others.

Note—

A charges resolution is not part of a planning scheme even if theresolution is attached to the scheme.

(2) The charges under the charges resolution have effect—

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[s 117]



(a) if the charges resolution is uploaded on the relevantlocal government website before the beginning of theday stated in the resolution as the day for the charges tohave effect—on the day stated in the resolution; or

(b) otherwise—on the day the charges resolution isuploaded on the website.

Subdivision 3 Levying charges

117 When charge may be levied and recovered

(1) This section applies if—

(a) a development approval has been given; and

(b) an adopted charge applies to providing the trunkinfrastructure for the development.

(2) The local government must give a notice (an infrastructurecharges notice) to the applicant.

Note—

For when a local government may give a replacement infrastructurecharges notice for a negotiated decision notice, see section 74(6).

(3) The local government must give the infrastructure chargesnotice—

(a) if the local government is the assessment manager—atthe same time as, or as soon as practicable after, thedevelopment approval is given; or

(b) if the local government is a referral agency—within 10business days after the local government receives a copyof the development approval; or

(c) if the development approval is a deemed approval forwhich a decision notice has not been given—within 20business days after the local government receives a copyof the deemed approval notice; or

[s 117]


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(d) if paragraphs (a) to (c) do not apply—within 20 businessdays after the local government receives a copy of thedevelopment approval.

(4) Subsection (3) is subject to subsection (8), and any otherprovision under which an infrastructure charges notice may beamended or replaced.

(5) The local government must give an infrastructure chargesnotice to the applicant for a change application or extensionapplication if—

(a) an approval is given for the application; and

(b) subsection (1)(b) did not apply for the developmentapproval to which the application relates, but appliesbecause of the change or extension.

(6) If an approval is given for a change application or extensionapplication related to a development approval for which aninfrastructure charges notice has been given, the localgovernment may give an amended infrastructure chargesnotice to the applicant.

(7) However, an infrastructure charges notice may be given oramended under subsection (5) or (6) only if the notice oramendment relates to the change to, or extension of, thedevelopment approval.

(8) The local government must give the infrastructure chargesnotice or amended infrastructure charges notice undersubsection (5) or (6)—

(a) if the local government is the assessment manager orresponsible entity—at the same time as, or as soon aspracticable after, the approval is given; or

(b) otherwise—within 20 business days after the localgovernment receives a copy of the approval.

(9) The amended infrastructure charges notice replaces theinfrastructure charges notice.

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[s 118]



(10) A reference in this Act to an infrastructure charges noticeincludes a reference to an amended infrastructure chargesnotice.

(11) An infrastructure charges notice stops having effect to theextent the development approval stops having effect.

(12) A charge (a levied charge) under an infrastructure chargesnotice—

(a) is subject to sections 118 and 127; and

(b) is payable by the applicant; and

(c) attaches to the premises; and

(d) becomes payable as provided for under subdivision 4;and

(e) is subject to any agreement under section 121(1).

118 Limitation of levied charge

(1) A levied charge may be only for extra demand placed on trunkinfrastructure that the development will generate.

(2) When working out extra demand, the demand on trunkinfrastructure generated by the following must not beincluded—

(a) an existing use on the premises if the use is lawful andalready taking place on the premises;

(b) a previous use that is no longer taking place on thepremises if the use was lawful at the time the use wascarried out;

(c) other development on the premises if the developmentmay be lawfully carried out without the need for afurther development permit.

(3) However—

(a) the demand generated by a use or developmentmentioned in subsection (2) may be included if an

[s 119]


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infrastructure requirement that applies, or applied to theuse or development, has not been complied with; and

(b) the demand generated by development mentioned insubsection (2)(c) may be included if—

(i) an infrastructure requirement applies to thepremises on which the development will be carriedout; and

(ii) the infrastructure requirement was imposed on thebasis of development of a lower scale or intensitybeing carried out on the premises.


charges notice means—

(a) an infrastructure charges notice; or

(b) a notice mentioned in section 123(3).

infrastructure requirement means a charges notice, or acondition of a development approval, that requiresinfrastructure or a payment in relation to demand on trunkinfrastructure.

119 Requirements for infrastructure charges notice

(1) An infrastructure charges notice must state all of the followingfor the levied charge—

(a) the current amount of the charge;

(b) how the charge has been worked out;

(c) the premises;

(d) when the charge will be payable under section 120,without considering any possible operation of section121;

(e) if an automatic increase provision applies—

(i) that the charge is subject to automatic increases;and

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[s 120]



(ii) how the increases are worked out under theprovision;

(f) whether an offset or refund under this part applies and,if so, information about the offset or refund, includingwhen the refund will be given.

(2) However, the infrastructure charges notice need not includethe information mentioned in subsection (1)(f) if the personwho is to receive the notice has advised, in writing (includingin any approved form), that the information need not beincluded in the notice.

(3) The infrastructure charges notice must also include, or beaccompanied by, a decision notice about the decision to givethe notice.

Subdivision 4 Payment

120 Payment triggers generally

(1) A levied charge becomes payable—

(a) if the charge applies for reconfiguring a lot—when thelocal government that levied the charge approves a planfor the reconfiguration that, under a regulation, isrequired to be given to the local government forapproval; or

(b) if the charge applies for building work—when thecertificate of classification or final inspection certificatefor the building work is given; or

(c) if the charge applies for a material change of use—whenthe change happens; or

(d) if the charge applies for other development—on the daystated in the infrastructure charges notice under whichthe charge was levied.

(2) This section is subject to section 121.

[s 121]


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121 Agreements about payment or provision instead of payment

(1) The recipient of an infrastructure charges notice and the localgovernment that gave the notice may agree about either orboth of the following—

(a) whether the levied charge under the notice may be paidother than as required under section 120 includingwhether the charge may be paid by instalments;

(b) whether infrastructure may be provided instead ofpaying all or part of the levied charge.

(2) If the levied charge is subject to an automatic increaseprovision, the agreement must state how increases in thecharge are payable under the agreement.

Subdivision 5 Changing charges during relevant appeal period

122 Application of this subdivision

This subdivision applies to the recipient of an infrastructurecharges notice given by a local government.

123 Representations about infrastructure charges notice

(1) During the relevant appeal period, the recipient may makerepresentations to the local government about theinfrastructure charges notice.

(2) The local government must consider the representations.

(3) If the local government agrees with a representation, the localgovernment must, within 10 business days after making thedecision, give a new infrastructure charges notice (anegotiated notice) to the recipient.

(4) The local government may give only 1 negotiated notice.

(5) A negotiated notice—

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[s 124]



(a) must be in the same form as the infrastructure chargesnotice; and

(b) must state the nature of the changes; and

(c) replaces the infrastructure charges notice.

(6) If the local government does not agree with any of therepresentations, the local government must, within 5 businessdays after making the decision, give a decision notice aboutthe decision to the recipient.

(7) The appeal period for the infrastructure charges notice startsagain when the local government gives the decision notice tothe recipient.

124 Suspending relevant appeal period

(1) If the recipient needs more time to make representations, therecipient may give a notice suspending the relevant appealperiod to the local government.

(2) The recipient may give only 1 notice.

(3) If the representations are not made within 20 business daysafter the notice is given, the balance of the relevant appealperiod restarts.

(4) If representations are made within the 20 business days andthe recipient gives the local government a notice withdrawingthe notice, the balance of the relevant appeal period restartsthe day after the local government receives the notice ofwithdrawal.

[s 125]


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Division 3 Development approval conditions about trunk infrastructure

Subdivision 1 Conditions for necessary trunk infrastructure

125 Application and operation of sdiv 1

(1) This subdivision applies if—

(a) trunk infrastructure—

(i) has not been provided; or

(ii) has been provided but is inadequate; and

(b) the trunk infrastructure is or will be located on—

(i) premises (the subject premises) that are the subjectof a development application; or

(ii) other premises, but is necessary to service thesubject premises.

(2) Section 126 provides for the local government to be able toimpose particular development conditions (each a necessaryinfrastructure condition) on the development approval.

Note—

For imposing or amending development conditions in relation to anapproval of a change application, see sections 79(5)(a) and 80(4).

126 Necessary infrastructure conditions

(1) If the LGIP identifies adequate trunk infrastructure to servicethe subject premises, the local government may impose adevelopment condition requiring either or both of thefollowing to be provided at a stated time—

(a) the identified infrastructure;

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[s 127]



(b) different trunk infrastructure delivering the same desiredstandard of service.

(2) If the LGIP does not identify adequate trunk infrastructure toservice the subject premises, the local government mayimpose a development condition on a development approvalthat requires development infrastructure necessary to servicethe premises to be provided at a stated time.

(3) However, a local government may impose a condition undersubsection (2) only if the development infrastructure servicesdevelopment consistent with the assumptions in the LGIPabout type, scale, location or timing of future development.

(4) A necessary infrastructure condition is taken to comply withsection 63(1) if—

(a) generally, the infrastructure required is the mostefficient and cost-effective solution for servicing otherpremises in the general area of the subject premises; and

(b) for a necessary infrastructure condition that requires theprovision of the infrastructure on the subjectpremises—its provision is not an unreasonableimposition on—

(i) the development; or

(ii) the use of the subject premises as a consequence ofthe development.

(5) To remove any doubt, it is declared that a necessaryinfrastructure condition may be imposed for infrastructureeven if the infrastructure will service premises other than thesubject premises.

127 Offset or refund requirements


(a) trunk infrastructure that is the subject of a necessaryinfrastructure condition services, or is planned toservice, premises other than the subject premises; and

[s 127]


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(b) an adopted charge applies to the development.

(2) If the cost of the infrastructure required to be provided underthe condition is equal to or less than the amount worked outby applying the adopted charge to the development, the costmust be offset against that amount.

Note—

For how the cost is worked out, see sections 114 and 135.

(3) If the cost of the infrastructure required to be provided underthe condition is more than the amount worked out by applyingthe adopted charge to the development—

(a) no amount is payable for the development approval; and

(b) the local government must refund to the applicant thedifference between the establishment cost of the trunkinfrastructure and the amount worked out by applyingthe adopted charge to the development.

Example—

A necessary infrastructure condition of a development approvalrequires transport infrastructure to be provided. The cost of thetransport infrastructure is $500,000. Adopted charges apply tothe development at a total amount of $600,000. The cost of theinfrastructure under the necessary infrastructure condition($500,000) must be offset against the total amount worked outby applying the adopted charge to the development ($600,000),rather than offsetting it only against the part of the chargerelating to transport infrastructure.

Your views are welcome on the inclusion of the following provision.

(4) If the LGIP identifies the infrastructure, the localgovernment must pay the refund under subsection (3)(b) nolater than the construction date for the infrastructure statedin the LGIP.

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[s 128]



Subdivision 2 Conditions for extra trunk infrastructure costs

128 Imposing development conditions

(1) A local government may impose a development condition (anextra payment condition) requiring the payment of extratrunk infrastructure costs if—

(a) the development—

(i) will generate infrastructure demand of more thanthat required to service the type or scale of futuredevelopment that the LGIP assumes; or

(ii) will require new trunk infrastructure earlier thanwhen identified in the LGIP; or

(iii) is for premises completely or partly outside thePIA; and

(b) the development would impose extra trunkinfrastructure costs on the local government after takinginto account either or both of the following—

(i) levied charges for the development;

(ii) trunk infrastructure provided, or to be provided, bythe applicant under this part.

(2) However, an extra payment condition must not be imposed fora State infrastructure provider.

(3) An extra payment condition is taken to be relevant orreasonable to the extent the infrastructure is necessary, but notyet available, to service the development.

(4) Subsection (3) applies even if the infrastructure is alsointended to service other development.

(5) The power to impose an extra payment condition is subject tothe rest of this subdivision.

[s 129]


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129 Content of extra payment condition

(1) An extra payment condition must state—

(a) why the condition was imposed; and

(b) the amount of the payment to be made under thecondition; and

(c) details of the trunk infrastructure for which the paymentis required; and

(d) the time (the payment time) when the amount becomespayable; and

(e) the applicant may, instead of making the payment, electto provide all or part of the trunk infrastructure; and

(f) if the applicant so elects—

(i) any requirements for providing the trunkinfrastructure; and

(ii) when the trunk infrastructure must be provided.

(2) Unless the applicant and the local government otherwiseagree, the payment time is—

(a) if the trunk infrastructure is necessary to service thepremises—by the day the development, or worksassociated with the development, starts; or

(b) otherwise—

(i) if the extra payment condition applies forreconfiguring a lot—when the local governmentapproves a plan for the reconfiguration that, undera regulation, is required to be given to the localgovernment for approval; or

(ii) if the extra payment condition applies for buildingwork—when the certificate of classification orfinal inspection certificate for the building work isgiven; or

(iii) if the extra payment condition applies for amaterial change of use—when the change happens.

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[s 130]



130 Restriction if development completely in PIA

(1) This section applies to an extra payment condition that a localgovernment imposes for development completely inside thePIA.

(2) The extra payment condition may require a payment only asfollows—

(a) for trunk infrastructure to be provided earlier thanplanned in the LGIP—the extra establishment cost thatthe local government incurs to provide the infrastructureearlier than planned;

(b) for infrastructure associated with a different type orscale of development from that assumed in theLGIP—the establishment cost of any extra trunkinfrastructure made necessary by the development.

131 Extra payment conditions for development outside PIA

An extra payment condition that a local government imposesfor development completely or partly outside the PIA mayrequire 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 schemeindicates the premises is part of an area intendedfor future development for purposes other thanrural or rural residential purposes—necessary toservice the rest of the area; and

(b) either or both of the following establishment costs ofany temporary infrastructure—

(i) costs required to ensure the safe or efficientoperation of infrastructure needed to service thedevelopment;

(ii) costs made necessary by the development; and

[s 132]


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(c) any decommissioning, removal and rehabilitation costsof the temporary infrastructure; and

(d) the maintenance and operating costs for up to 5 years ofthe infrastructure and temporary infrastructure asmentioned in paragraphs (a) and (b).

132 Refund if development in PIA

(1) This section applies to an extra payment condition that a localgovernment imposes for development completely inside thePIA.

(2) The local government must refund the payer the proportion ofthe establishment cost of the infrastructure that—

(a) may be apportioned reasonably to other users of theinfrastructure; and

(b) has been, is, or is to be, the subject of a levied charge bythe local government.

133 Refund if development approval stops


(a) a development approval subject to an extra paymentcondition no longer has effect; and

(b) a payment has been made under the condition; and

(c) construction of the infrastructure that is the subject ofthe condition has not substantially started before thedevelopment approval no longer has effect.

(2) The local government must refund to the payer any part of thepayment the local government has not spent, or contracted tospend, on designing and constructing the infrastructure.

(3) The timing of the refund is subject to terms agreed betweenthe payer and local government.

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[s 134]



134 Extra payment condition does not affect other powers

To remove any doubt, it is declared that the imposition of anextra payment condition does not prevent a local governmentfrom—

(a) adopting charges for trunk infrastructure and levyingcharges; or

(b) imposing a condition for non-trunk infrastructure; or

(c) imposing a necessary infrastructure condition.

Subdivision 3 Working out cost for required offset or refund

135 Process


(a) a development approval requires the applicant toprovide trunk infrastructure; and

(b) the local government has given the applicant for thedevelopment approval an infrastructure charges noticethat includes information about an offset or refund underthis part relating to the establishment cost of the trunkinfrastructure; and

(c) the applicant does not agree with the value of theestablishment cost.

(2) The applicant may, by notice to the local government, requirethe local government to use the method under the relevantcharges resolution to recalculate the establishment cost.

(3) A notice under subsection (2) must be given to the localgovernment before the levied charge under the infrastructurecharges notice becomes payable under section 120.

(4) By notice to the applicant, the local government must amendthe existing infrastructure charges notice.

[s 136]


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(5) The amended infrastructure charges notice must adopt themethod to work out the establishment cost.

Division 4 Miscellaneous provisions about trunk infrastructure

Subdivision 1 Conversion of particular non-trunk infrastructure before construction starts

136 Application of this subdivision

This subdivision applies if—

(a) a particular development condition under section 143requires non-trunk infrastructure to be provided; and

(b) the construction of the non-trunk infrastructure has notstarted.

137 Application to convert infrastructure to trunk infrastructure

(1) The applicant for the development approval may apply toconvert non-trunk infrastructure to trunk infrastructure.

(2) The application (the conversion application) must be made tothe local government, in writing, within 1 year after thedevelopment approval starts to have effect.

138 Deciding conversion application

(1) The local government must consider and decide theconversion application within 30 business days after—

(a) the application is made; or

(b) if an information request is made—the applicantcomplies with the request.

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[s 139]



(2) When deciding the conversion application, the localgovernment must consider the criteria for deciding theapplication in its charges resolution.

(3) However, at any time before making the decision, the localgovernment may give the applicant a notice requiring theapplicant to give information that the local governmentreasonably needs to make the decision.


(a) what information the local government requires; and

(b) a period of at least 10 business days for giving theinformation; and

(c) the effect of subsection (5).

(5) The application lapses if the applicant does not comply withthe 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 thenotice, between the local government and the applicant.


(1) As soon as practicable after deciding the conversionapplication, the local government must give a decision noticeof the decision to the applicant.

(2) If the decision is to convert non-trunk infrastructure to trunkinfrastructure, the notice must state whether an offset orrefund under this part applies and, if it does, informationabout the offset or refund.

140 Effect of and action after conversion

(1) This section applies if the decision on a conversionapplication is to convert non-trunk infrastructure to trunkinfrastructure.

[s 141]


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(2) The condition of the relevant development approval requiringthe non-trunk infrastructure to be provided no longer haseffect.

(3) Within 20 business days after making the decision, the localgovernment may amend the development approval byimposing a necessary infrastructure condition for the trunkinfrastructure.

(4) If a necessary infrastructure condition is imposed, the localgovernment must also do either of the following within 10business days after the imposition for the purposes of section127(2) or (3)(b)—

(a) give an infrastructure charges notice;

(b) amend, by notice to the applicant, any existinginfrastructure charges notice for the developmentapproval.

(5) For taking action under subsections (3) and (4), divisions 2and 3 and section 248 apply as if—

(a) a development approval were a reference to theconversion; and

(b) a levied charge were a reference to the amendment of alevied charge.

Subdivision 2 Other provisions

141 Financial provisions

(1) A levied charge paid to a local government must be used toprovide trunk infrastructure.

(2) To remove any doubt, it is declared that the amount paid neednot be held in trust by the local government.

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[s 142]



142 Levied charge taken to be rates

(1) A levied charge is, for the purpose of its recovery, taken to berates of the local government that levied the charge.

(2) However, subsection (1) is subject to any agreement betweenthe local government and the applicant.

Division 5 Non-trunk infrastructure

143 Conditions local governments may impose

(1) A development condition that a local government imposesabout non-trunk infrastructure must state—

(a) the infrastructure to be provided; and

(b) when the infrastructure must be provided.

(2) A development condition may be about providingdevelopment infrastructure for 1 or more of the following—

(a) a network, or part of a network, internal to the premises;

(b) connecting the premises to external infrastructurenetworks;

(c) protecting or maintaining the safety or efficiency of theinfrastructure network of which the non-trunkinfrastructure is a component.

Example of a condition for subparagraph (c)—

A condition may require that works near existing transportinfrastructure must not adversely affect the infrastructure’sintegrity.

[s 144]

Planning Act 2015Chapter 4 InfrastructurePart 3 Provisions for State infrastructure providers

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144 Imposing conditions about infrastructure

(1) A State infrastructure provider may impose a developmentcondition (a State-related condition) on a developmentapproval about—

(a) infrastructure; and

(b) works to protect or maintain infrastructure operation.

(2) However, a State-related condition may only be aboutprotecting or maintaining the safety or efficiency of—

(a) existing or proposed State-owned or State-controlledtransport infrastructure; or

(b) public passenger transport or public passenger transportinfrastructure (whether or not State-owned orState-controlled); or

(c) the safety or efficiency of railways, ports or airportsunder the Transport Infrastructure Act; or

(d) if the State infrastructure provider is the chiefexecutive—a matter mentioned in paragraph (a), (b) or(c) for another State infrastructure provider.

Examples of infrastructure that might be required under aState-related condition—

• turning lanes or traffic signals at a site access or nearbyintersection that are to ensure road links and intersectionscontinue to perform at an acceptable level

• upgraded traffic control devices at a level crossing in responseto increased traffic

• drainage or retaining structures that are to protect transportinfrastructure from changed hydraulics or excavation next toState-owned or State-controlled transport infrastructure


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[s 145]



public passenger transport means the carriage of passengersby a public passenger service as defined under the TransportOperations (Passenger Transport) Act 1994 using a publicpassenger vehicle as defined under that Act.

public passenger transport infrastructure meansinfrastructure for, or associated with, the provision of publicpassenger transport.

safety or efficiency, of infrastructure, means—

(a) the safety of any users of the infrastructure and of othersthe infrastructure affects; or

(b) the efficiency of the use of the infrastructure.

145 Content of State-related condition

A State-related condition must state—

(a) the infrastructure or works to be provided, or thecontribution to be made, under the condition; and

(b) when the provision or contribution must take place.

146 Refund if State-related condition stops


(a) a State infrastructure provider imposed a State-relatedcondition on a development approval; and

(b) a payment has been made under the condition; and

(c) the development approval stops having effect; and

(d) construction of the infrastructure that is the subject ofthe condition had not substantially started before thecessation.

(2) The public sector entity responsible for providing theinfrastructure must refund to the payer any part of thepayment not spent, or contracted to be spent, on designing or

[s 147]

Planning Act 2015Chapter 4 InfrastructurePart 4 Infrastructure agreements

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constructing the infrastructure before being told of thecessation.

147 Reimbursement by local government for replacement infrastructure

(1) This section applies if infrastructure provided under aState-related condition—

(a) has replaced, or is to replace, infrastructure for whichthere has been, is, or is to be, a levied charge by a localgovernment; and

(b) provides the same desired standard of service as thereplaced infrastructure.

(2) The local government must—

(a) pay the amount of the levied charge, when paid to localgovernment, to the State infrastructure provider thatimposed the condition to—

(i) provide the replacement infrastructure; or

(ii) reimburse a person who provided the replacementinfrastructure; and

(b) agree with the State infrastructure provider and theperson who provided the replacement infrastructureabout when the amount of the levied charge will be paid.


148 Infrastructure agreement

An infrastructure agreement is an agreement, as amendedfrom time to time, mentioned in—

(a) section 65, to the extent the agreement is about acondition for paying for, or providing, infrastructure; or

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[s 149]



(b) section 121; or

(c) section 129(2); or

(d) section 133(3); or

(e) section 142(2); or

(f) section 147(2); or

(g) section 156.

149 Obligation to negotiate in good faith


(a) a public sector entity proposes to another entity that theyenter into an infrastructure agreement; or

(b) another entity proposes to a public sector entity that theyenter into an infrastructure agreement.

(2) The person (the recipient) to whom the proposal is mademust, in writing, tell the person making the proposal if therecipient agrees to entering into negotiation for aninfrastructure agreement.

Examples of actions that subsection (2) requires—

• disclosing to the other party to the negotiation in a timely wayinformation relevant to entering into the proposed agreement

• considering and responding in a timely way to the other party’sproposals about the proposed agreement

• giving reasons for each response

(3) When negotiating an infrastructure agreement, the entitiesmust act in good faith.

150 Content of infrastructure agreement

(1) An infrastructure agreement must—

(a) if responsibilities under the agreement would beaffected by a change in the ownership of premises thatare the subject of the agreement—include a statement

[s 151]


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about how the responsibilities must be fulfilled in thatevent; and

(b) if the fulfilment of responsibilities under the agreementdepends on development entitlements that may beaffected by a change to a planning instrument—includea statement about—

(i) refunding or reimbursing amounts paid under theagreement; and

(ii) changing or cancelling the responsibilities if thedevelopment entitlements are changed without theobligee’s consent; and

(c) include any other matter required by regulation to beincluded.

(2) To remove any doubt, it is declared that an infrastructureagreement may include matters that are not within thejurisdiction of a public sector entity that is a party to theagreement.

151 Copy of infrastructure agreement to be given to local government


(a) a distributor-retailer or a public sector entity other than alocal government is a party to an infrastructureagreement; and

(b) the local government for the area to which theagreement applies is not a party to the agreement.

(2) The distributor-retailer or public sector entity must give acopy of the agreement to the local government.

152 Copy of particular infrastructure agreements to be given to distributor-retailers


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[s 153]



(a) a participating local government for a distributor-retaileris a party to an infrastructure agreement; and

(b) the distributor-retailer is not a party to the infrastructureagreement; and

(c) the infrastructure agreement relates to a water approvalor an application for a water approval under the SEQWater Act, chapter 4C, part 2.

(2) The local government must give a copy of the agreement tothe distributor-retailer.

153 When infrastructure agreement binds successors in title

(1) This section applies if the owner of premises to which aninfrastructure agreement applies—

(a) is a party to the agreement; or

(b) consents to the responsibilities under the agreementbeing attached to the premises.

(2) However, subsection (1) does not apply to any responsibilitiesthat a public sector entity is to fulfil.

(3) The responsibilities under the infrastructure agreement attachto the premises and bind the owner of the premises and theowner’s successors in title.

(4) If the owner’s consent under subsection (1) is given but notendorsed on the agreement, the owner must give a copy of thedocument evidencing the owner’s consent to the localgovernment for the premises to which the consent applies.

(5) Despite subsection (3), subsections (6) and (7) apply if—

(a) the infrastructure agreement states that if the premisesare subdivided, part of the premises is to be releasedfrom the responsibilities; and

(b) the premises are subdivided.

(6) The part is released from the responsibilities.

[s 154]


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(7) The responsibilities are no longer binding on the owner of thepart.

154 Exercise of discretion unaffected by infrastructure agreement

An infrastructure agreement is not invalid merely because itsfulfilment depends on the exercise of a discretion by a publicsector entity about an existing or future developmentapplication.

155 Infrastructure agreement applies instead of approval and charges notice

(1) To the extent of any inconsistency, an infrastructureagreement applies instead of—

(a) a development approval; or

(b) an infrastructure charges notice; or

(c) a notice mentioned in section 123(3).

(2) However, if a State infrastructure provider (other than thechief executive) is a party to the infrastructure agreement,subsection (1) applies if the chief executive approves theagreement, either before or after the development approval ornotice is given.

(3) The approval of the agreement must be given by notice to allparties to the agreement.

(4) The approval may be given before or after the agreement isentered into.

156 Agreement for infrastructure partnerships

(1) A person may enter into an agreement with a public sectorentity about—

(a) providing or funding infrastructure; or

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[s 157]

Planning Act 2015Chapter 5 Offences and enforcement


(b) refunding payments made towards the cost of providingor funding infrastructure.

(2) Subsection (1) has effect despite parts 2 and 3 and chapter 3,part 4, division 2.


157 Particular local government land held on trust

(1) Land given to, or taken by, a local government for publicparks infrastructure or local community facilities under thischapter must be given or taken in fee simple on trust.

(2) If the local government later sells the land—

(a) the land is sold free of the trust; and

(b) the net proceeds of the sale must be used to providetrunk infrastructure.

Chapter 5 Offences and enforcement

Part 1 Introduction


(1) This chapter is about offences against this Act, includingdevelopment offences, and ways to prevent or remedy theeffect of those offences.

(2) Part 2 creates development offences.

[s 159]

Planning Act 2015Chapter 5 Offences and enforcementPart 2 Development offences

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(3) Part 3 is about notices from an enforcement authorityrequiring a person to refrain from committing a developmentoffence, or to remedy the effect of a development offence.

(4) Part 4 is about proceedings in a Magistrates Court fordevelopment offences and other offences against this Act.

(5) Part 5 is about orders made by the P&E Court requiring aperson not to commit a development offence, or to remedy theeffect of a development offence.

(6) Parts 6 to 8 are about inspectors, their powers forenforcement, and related matters.

(7) Part 9 contains miscellaneous provisions about offences andenforcement.



This part creates offences (each a development offence),subject to any exemption under this part or chapter 7, part 1.

160 Carrying out prohibited development

A person must not carry out prohibited development, unless—

(a) the development is carried out under a developmentapproval given for a superseded planning schemeapplication; or

(b) the local government for the area in which thedevelopment is carried out has agreed, or is taken tohave agreed, to a request under section 26(4)(b) for thedevelopment.

Maximum penalty—4500 penalty units.

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[s 161]



161 Carrying out assessable development without permit

(1) A person must not carry out assessable development, unlessall necessary development permits are in effect for thedevelopment.

Maximum penalty—

(a) if the assessable development is on a Queenslandheritage place or local heritage place—17,000 penaltyunits; or

(b) otherwise—4500 penalty units.

(2) However, subsection (1) does not apply to developmentcarried out under section 86(3).

162 Compliance with development approval

A person must not contravene a development approval.


163 Unlawful use of premises

A person must not use premises unless the use—

(a) is a lawful use; or

(b) for designated premises—complies with anyrequirements about the use of the premises in thedesignation.


164 Exemptions if emergency causing safety concern

(1) This section applies to works, development or use (anactivity), for which a development permit is ordinarilyrequired, if an emergency endangers—

(a) a person’s life or health; or

(b) a building’s structural safety; or

[s 164]

Planning Act 2015Chapter 5 Offences and enforcementPart 2 Development offences

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(c) the operation or safety of infrastructure, other than abuilding; or

(d) for tidal works—the structural safety of an existingstructure for which there is a development permit foroperational work that is tidal works.

(2) A person who, in an emergency, is carrying out necessaryoperational work that is tidal works does not commit adevelopment offence, other than an offence against section160, if the person—

(a) has made a safety management plan for the works, afterconsidering—

(i) the long-term safety of members of the public whohave access to the works or any structure to whichthe works relates; and

(ii) if practicable, the advice of any registeredprofessional engineer who has audited thestructure; and

(b) complies with the plan; and

(c) gives a copy of the plan to the enforcement authority assoon as reasonably practicable after starting the works;and

(d) takes reasonable precautions and exercises properdiligence to ensure the works and structure are in a safecondition, including by engaging a registeredprofessional engineer to audit the structure.

(3) A person who, in an emergency, is carrying out necessarybuilding work on a Queensland heritage place, or localheritage place, does not commit a development offence, otherthan an offence against section 160, if the person—

(a) gets the advice of a registered professional engineerabout the works before starting the works, unless it isnot practicable to do so; and

(b) takes all reasonable steps—

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[s 164]



(i) to ensure the works are reversible; or

(ii) if the works are not reversible—to minimise theimpact of the works on the place’s cultural heritagesignificance.

(4) A person who, in an emergency, is carrying out any othernecessary activity does not commit a development offence ifthe person gives notice of the activity to the enforcementauthority as soon as reasonably practicable after starting theactivity.

(5) Subsections (2), (3) and (4) stop applying to any personcarrying out an activity if an enforcement notice or orderrequires the activity to stop.

(6) Subsections (2) and (3) stop applying to any person carryingout the activity if—

(a) as soon as reasonably practicable after starting theactivity, the person does not—

(i) make a development application that, but for theexemption, would be required for the activity; and

(ii) give notice of the activity to the enforcementauthority; or

(b) the person’s development application is refused.

(7) If a person’s development application is refused, the personmust restore, as far as practicable, premises to the conditionthe premises were in just before the activity was carried out.



emergency means an event or situation that involves animminent and definite threat requiring immediate action(before or after the event or situation), other than routinemaintenance due to wear and tear.

Example of an action not done because of an emergency—

the carrying out, in winter, of a use or building or operational work inanticipation of the next cyclone season

[s 165]

Planning Act 2015Chapter 5 Offences and enforcementPart 3 Enforcement notices

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necessary, in relation to an activity, means the activity isnecessary to ensure the emergency does not, or is not likely to,endanger someone or something mentioned in subsection (1).


165 Show cause notices

(1) This section applies if an enforcement authority—

(a) reasonably believes a person has committed, or iscommitting, a development offence; and

(b) is considering giving an enforcement notice for theoffence to the person.

(2) The enforcement authority must give the person a notice (ashow cause notice) that—

(a) states the enforcement authority is considering giving anenforcement notice to the person; and

(b) outlines the facts and circumstances that form the basisfor the enforcement authority’s reason for giving anenforcement notice; and

(c) states the person may make representations about thenotice to the enforcement authority; and

(d) states how the representations may be made; and

(e) states—

(i) a day and time for making the representations; or

(ii) a period within which the representations must bemade.

(3) The day or period stated in the show cause notice must be, ormust end, at least 20 business days after the notice is given.

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[s 166]



(4) After considering any representations made by the person inaccordance with the show cause notice, the enforcementauthority may give the enforcement notice if the enforcementauthority still considers it appropriate to do so.

(5) An enforcement authority need not give a show cause noticeto the person, before giving the person an enforcement notice,if—

(a) the development offence relates to—

(i) a Queensland heritage place or a local heritageplace; or

(ii) works that the enforcement authority reasonablybelieves are a danger to persons or a risk to publichealth; or

(iii) the demolition of works; or

(iv) the clearing of vegetation; or

(v) the removal of quarry material allocated under theWater Act 2000; or

(vi) extracting clay, gravel, rock, sand or soil, notmentioned in subparagraph (v), from Queenslandwaters; or

(vii) development that the enforcement authorityreasonably believes is causing erosion,sedimentation or an environmental nuisance; or

(b) the enforcement authority reasonably believes it is notappropriate in the circumstances to give the show causenotice (because the notice is likely to adversely affectthe effectiveness of the enforcement notice, forexample).

166 Enforcement notices

(1) If an enforcement authority reasonably believes a person hascommitted, or is committing, a development offence, theauthority may give an enforcement notice to—

[s 166]


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(a) the person; and

(b) if the offence involves premises and the person is not theowner of the premises—the owner of the premises.

(2) An enforcement notice is a notice that requires a person to doeither or both of the following—

(a) to refrain from committing a development offence;

(b) to remedy the effect of a development offence in a statedway.

Examples of what an enforcement notice may require—

The notice may require a person do any or all of the following on orbefore a stated time or within a stated period—

• to stop carrying out development

• to demolish or remove development

• to restore, as far as practicable, premises to the condition thepremises were in just before development was started

• to do, or not to do, another act to ensure development complies witha development permit

• if the enforcement authority reasonably believes works aredangerous, to repair or rectify the works, to secure the works, or tofence the works off to protect people

• to stop a stated use of premises

• to apply for a development permit

• to give the enforcement authority a compliance program that showshow compliance with the enforcement notice will be achieved.


(a) the nature of the alleged offence; and

(b) if the notice requires the person not to do an act—

(i) the period for which the requirement applies; or

(ii) that the requirement applies until further notice;and

(c) if the notice requires the person to do an act—

(i) the details of the act; and

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[s 167]



(ii) the period within which the act must be done; and

(d) that the person has an appeal right against the giving ofthe notice.

(4) The notice may require demolition or removal of all or part ofthe works if the enforcement authority reasonably believes itis not possible or practical to take steps—

(a) to make the development accepted development; or

(b) to make the works comply with a development approval;or

(c) if the works are dangerous—to remove the danger.

(5) A person must not contravene an enforcement notice.


(6) An enforcement notice that requires development on premisesto stop being carried out may be given by fixing the notice tothe premises in a way that a person entering the premiseswould normally see the notice.

(7) A person must not deal with an enforcement notice mentionedin subsection (6) in a way that is reasonably likely to preventthe recipient seeing the notice.


167 Consulting private certifier about enforcement notice

(1) This section applies if a private certifier is engaged in relationto development.

(2) The enforcement authority must not give an enforcementnotice for that part of the development for which the privatecertifier is engaged until the authority has consulted about thegiving of the notice with—

(a) the private certifier; or

(b) if the enforcement authority is the private certifier—theassessment manager.

[s 168]


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(3) However, subsection (2) does not apply if the enforcementauthority reasonably believes the works for which theenforcement notice is to be given are dangerous.

(4) If the enforcement authority is the private certifier, theauthority may not delegate power to give an enforcementnotice that orders the demolition of a building.

(5) The enforcement authority may carry out consultation underthis section in the way the enforcement authority considersappropriate.

168 Notifying about show cause and enforcement notices

(1) This section applies if the enforcement authority gives a showcause notice, or enforcement notice, to a person.

(2) If—

(a) the notice relates to development in relation to which alocal government could have been the assessmentmanager, but was not the assessment manager; and

(b) the enforcement authority is not the local government;

the enforcement authority must give a copy of the notice to thelocal government.

(3) If—

(a) the notice relates to development in relation to which thechief executive could have been the assessmentmanager, but was not the assessment manager; and

(b) the enforcement authority is not the chief executive;

the enforcement authority must give a copy of the notice to thechief executive.

(4) If the enforcement authority withdraws the show cause notice,or enforcement notice, the enforcement authority must givenotice of the withdrawal to the local government.

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[s 169]



(5) A failure to comply with subsection (2) or (3) does notinvalidate or otherwise affect the show cause notice orenforcement notice.

169 Stay of enforcement notice

(1) An appeal against an enforcement notice stays the operationof the notice until—

(a) the tribunal or court hearing the appeal decidesotherwise; or

(b) the appeal ends.

(2) However, the notice is not stayed to the extent the notice isabout a matter mentioned in section 165(5)(a).

170 Application in response to show cause or enforcement notice

If a person applies for a development permit in response to ashow cause notice, or as required by an enforcement notice,the person—

(a) must not withdraw the application, unless the person hasa reasonable excuse; and

(b) must take all necessary and reasonable steps to enablethe application to be decided as quickly as possible,unless the person withdraws the application with areasonable excuse; and

(c) if the person appeals the decision on theapplication—must take all necessary and reasonablesteps to enable the appeal to be decided as quickly aspossible, unless the person has a reasonable excuse.


[s 171]

Planning Act 2015Chapter 5 Offences and enforcementPart 4 Offence proceedings in Magistrates Court

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171 Enforcement authority may remedy contravention

(1) This section applies if an enforcement notice is contravenedand the enforcement authority is not a local government.

Note—

If the enforcement authority is a local government, see the LocalGovernment Act, section 142 or the City of Brisbane Act, section 132.

(2) The enforcement authority may—

(a) do anything reasonably necessary to ensure the notice iscomplied with; and

(b) recover any reasonable costs and expenses incurred indoing so as a debt owing by the recipient to theauthority.


172 Proceedings for offences

(1) An offence against this Act is a summary offence.

(2) Proceedings (offence proceedings) for an offence must startno later than—

(a) 1 year after the offence is committed; or

(b) 1 year after the offence comes to the complainant’sknowledge.

(3) In a complaint starting offence proceedings, a statement thatthe matter of the complaint came to the complainant’sknowledge on a stated day is evidence of the matter.

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[s 173]



173 Proceedings brought in a representative capacity

(1) A person may bring offence proceedings in a representativecapacity, if the person has the consent of—

(a) for proceedings brought on behalf of a body of personsor a corporation—the members of its committee or othercontrolling or governing body or of its executive; or

(b) for proceedings brought on behalf of an individual—theindividual.

Note—

For proceedings by a local government, see the Local Government Act,section 237 or the City of Brisbane Act, section 218.

(2) The person on whose behalf the offence proceedings arebrought may contribute to, or pay, the legal costs and expensesincurred by the person bringing the proceedings.

174 Enforcement orders

(1) After hearing offence proceedings, a Magistrates Court maymake an order (an enforcement order) for the defendant totake stated action within a stated period.

Examples of action that an order may require—

• to stop carrying out development

• to demolish or remove development

• to restore, as far as practicable, premises to the condition thepremises were in just before development was started

• to do, or not to do, another act to ensure development complies witha development permit

• if the court reasonably believes works are dangerous, to repair orrectify the works, to secure the works, or to fence the works off toprotect people

• to stop a stated use of premises

• to apply for a development permit

(2) The enforcement order may be in terms the court considersappropriate to secure compliance with this Act.

[s 174]

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Example—

The order may require the defendant to provide security for thereasonable cost of taking the stated action.

(3) An enforcement order may be made under this section inaddition to the imposition of a penalty and any other orderunder this Act.

(4) A person must not contravene an enforcement order.

Maximum penalty—4500 penalty units or 2 yearsimprisonment.

(5) The defendant must ask the registrar of titles, by a notice, torecord the making of the enforcement order on the appropriateregister for the premises to which the order relates.


(6) An enforcement order attaches to the premises and binds theowner, the owner’s successors in title and any occupier of thepremises.

(7) The defendant may apply to the court for an order (acompliance order) stating the defendant has complied withthe enforcement order.

(8) If the defendant gives the registrar of titles notice that acompliance order has been made, the registrar must removethe record of the making of the enforcement order from theappropriate register.

(9) If the defendant does not comply with the enforcement orderwithin the period stated in the order, the enforcementauthority may—

(a) take the action; and

(b) recover the legal costs and expenses incurred in takingthe action as a debt owing to the authority from thedefendant.

(10) A notice given to the registrar of titles under this section mustbe in the form, and accompanied by any fee, required underthe Land Title Act.

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[s 175]



175 Order for compensation

(1) This section applies if a Magistrates Court—

(a) finds a defendant guilty of an offence under this Act;and

(b) finds that, because of the offence, another person has—

(i) suffered loss of income; or

(ii) suffered a reduction in the value of, or damage to,property; or

(iii) incurred expenses to replace or repair property orprevent or minimise, or attempt to prevent orminimise, the loss, reduction or damage.

(2) The court may order the defendant to pay the other personcompensation for the loss, reduction or damage suffered or theexpenses incurred.

(3) An order may be made under this section in addition to theimposition of a penalty and any other order under this Act.

176 Order for investigation expenses


(a) a Magistrates Court finds—

(i) a defendant guilty of a development offence; and

(ii) an enforcement authority has reasonably incurredexpenses in taking a sample or conducting aninspection, test, measurement or analysis toinvestigate the offence; and

(b) the enforcement authority applies for an order for thepayment of the expenses.

(2) The court may order the defendant to pay a reasonable amountfor the expenses to the enforcement authority if the courtconsiders it would be just to do so in the circumstances.

[s 177]

Planning Act 2015Chapter 5 Offences and enforcementPart 5 Enforcement orders in P&E Court

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177 When fine is payable to local government

If a local government is—

(a) the complainant in offence proceedings; and

(b) the enforcement authority for the matter that is thesubject of the proceedings;

any fine ordered in the proceedings must be paid to the localgovernment.


178 Enforcement orders

(1) Any person may start proceedings in the P&E Court for anenforcement order.

(2) An enforcement order is an order that requires a person to doeither or both of the following—

(a) refrain from committing a development offence;

(b) remedy the effect of a development offence in a statedway.

Example—

An enforcement order may require a person to pay compensation tosomeone who, because of the offence, has—

(a) suffered loss of income; or

(b) suffered a reduction in the value of, or damage to, property;or

(c) incurred expenses to replace or repair property or prevent orminimise, or attempt to prevent or minimise, the loss,reduction or damage.

(3) The P&E Court may make an enforcement order if the courtconsiders the development offence—

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[s 178]



(a) has been committed; or

(b) will be committed unless the order is made.

(4) The P&E Court may make an enforcement order (an interimenforcement order) pending a decision in proceedings for theenforcement order.

(5) An enforcement order or interim enforcement order maydirect the respondent—

(a) to stop an activity that constitutes a developmentoffence; or

(b) not to start an activity that constitutes a developmentoffence; or

(c) to do anything required to stop committing adevelopment offence; or

(d) to return anything to a condition as close as practicableto the condition the thing was in just before adevelopment offence was committed; or

(e) to do anything to comply with this Act.

Examples of what the respondent may be directed to do—

• to repair, demolish or remove a building

• to rehabilitate or restore vegetation cleared from land

• if rehabilitation or restoration of cleared vegetation is notpossible—to plant and nurture stated vegetation on a stated area ofland of an equivalent size.

(6) An enforcement order or interim enforcement order may be interms the P&E Court considers appropriate to securecompliance with this Act.

Examples—

An enforcement order may require the defendant to provide security forthe reasonable cost of taking the stated action.

An interim enforcement order may require the applicant to undertake topay the respondent’s damages because of the order if the proceedingsare unsuccessful.

[s 178]

Planning Act 2015Chapter 5 Offences and enforcementPart 5 Enforcement orders in P&E Court

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(7) An enforcement order or interim enforcement order must statethe period within which the respondent must comply with theorder.

(8) A person must not contravene an enforcement order or interimenforcement order.

Maximum penalty—4500 penalty units or 2 yearsimprisonment.

(9) The respondent must ask the registrar of titles, by a notice, torecord the making of an enforcement order or interimenforcement order on the appropriate register for the premisesto which the order relates.


(10) An enforcement order or interim enforcement order attachesto the premises and binds the owner, the owner’s successors intitle and any occupier of the premises.

(11) The respondent may apply to the court for an order (acompliance order) stating the respondent has complied withthe enforcement order or interim enforcement order.

(12) If the respondent gives the registrar of titles notice that acompliance order has been made, the registrar must removethe record of the making of the enforcement order or interimenforcement order from the appropriate register.

(13) If the respondent does not comply with the enforcement orderor interim enforcement order within the period stated in theorder, the enforcement authority may—

(a) take the action required under the order; and

(b) recover the reasonable cost of taking the action as a debtowing to the authority from the respondent.


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[s 179]



179 P&E Court’s powers about enforcement orders

(1) The P&E Court’s power to make an enforcement order orinterim enforcement order may be exercised whether or notthe development offence has been prosecuted.

(2) The power to order a person to stop, or not to start, an activitymay be exercised whether or not—

(a) the P&E Court considers the person intends to engage,or to continue to engage, in the activity; or

(b) the person has previously engaged in an activity of thesame kind; or

(c) there is danger of substantial damage to property orinjury to another person if the person engages, orcontinues to engage, in the activity.

(3) The power to order a person to do anything may be exercisedwhether or not—

(a) the P&E Court considers the person intends to fail, or tocontinue to fail, to do the thing; or

(b) the person has previously failed to do a thing of thesame kind; or

(c) there is danger of substantial damage to property orinjury to another person if the person fails, or continuesto fail, to do the thing.

(4) A person may apply to the P&E Court to cancel or change anenforcement order or interim enforcement order.

(5) The P&E Court’s powers under this section are in addition tothe court’s other powers.

[s 180]

Planning Act 2015Chapter 5 Offences and enforcementPart 6 Inspectors

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Part 6 Inspectors

Division 1 Appointment

180 Appointment and qualifications

(1) The chief executive may, by a written instrument, appoint anyof the following persons as inspectors—

(a) officers of the department;

(b) other persons prescribed by regulation.

(2) However, the chief executive may appoint a person as aninspector only if the chief executive is satisfied the person isqualified for appointment because the person has thenecessary expertise or experience.

(3) An inspector holds office on any conditions, and subject toany limit on the inspector’s powers, in—

(a) the inspector’s instrument of appointment; or

(b) a notice signed by the chief executive and given to theinspector; or

(c) a regulation.

181 When appointment ends

(1) The appointment of a person as an inspector ends if—

(a) the term of office stated in a condition of office ends; or

(b) under another condition of office, the office ends; or

(c) the inspector resigns, by a notice signed by the inspectorand given to the chief executive.

(2) However, this section does not limit the ways the office of aperson as an inspector ends.


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[s 182]


Part 6 Inspectors

condition of office means a condition under which theinspector holds office.

Division 2 Identity cards

182 Issuing identity card

(1) The chief executive must issue an identity card to eachinspector.

(2) The identity card must—

(a) contain a recent photo of the inspector; and

(b) contain a copy of the inspector’s signature; and

(c) identify the person as an inspector under this Act; and

(d) state an expiry date for the card.

(3) This section does not prevent the issue of a single identitycard to a person for this Act and for other purposes.

(4) If the office of a person as an inspector ends, the person mustreturn the person’s identity card to the chief executive within21 days after the office ends, unless the person has areasonable excuse.


183 Producing or displaying identity card

(1) When exercising a power in relation to a person, in theperson’s presence, an inspector must—

(a) produce the inspector’s identity card for the person’sinspection before exercising the power; or

(b) have the identity card displayed so the identity card isclearly visible to the person when exercising the power.

[s 184]

Planning Act 2015Chapter 5 Offences and enforcementPart 7 Entry of places by inspectors

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(2) However, if it is not practicable to comply with subsection (1),the inspector must produce the identity card for the person’sinspection at the first reasonable opportunity.

(3) For subsection (1), an inspector does not exercise a power inrelation to a person only because the inspector has entered aplace under section 184(1)(b).


Division 1 Power to enter

184 General power to enter places

(1) An inspector may enter a place if—

(a) an occupier at the place consents under division 2 to theentry and section 187 has been complied with for theoccupier; or

(b) it is a public place and the entry is made when the placeis open to the public; or

(c) the entry is authorised under a warrant and, if there is anoccupier of the place, section 194 has been compliedwith for the occupier.

(2) If the power to enter arises only because an occupier of theplace consents to the entry, the power is subject to anyconditions of the consent and stops if the consent iswithdrawn.

(3) If the power to enter is under a warrant, the power is subject tothe terms of the warrant.

(4) The consent may provide consent for re-entry and is subject tothe conditions of consent.

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[s 185]



(5) If the power to re-enter is under a warrant, the re-entry issubject to the terms of the warrant.

Division 2 Entry with consent

185 Application of this division

This division applies if an inspector intends to ask an occupierof a place to consent to the inspector or another inspectorentering the place under section 184(1)(a).

186 Incidental entry to ask for access

For the purpose of asking the occupier for consent to enter aplace, an inspector may, without the occupier’s consent or awarrant, enter a part of the place that the inspector reasonablyconsiders the public may enter to speak to the occupier.

187 Matters inspector must tell occupier

The inspector must give a reasonable explanation of thefollowing matters to the occupier, before asking for theconsent—

(a) the purpose of the entry, including the powers intendedto be exercised;

(b) that the occupier is not required to consent;

(c) that the consent may be given subject to conditions andmay be withdrawn at any time.

188 Consent acknowledgement

(1) If the occupier gives the consent, the inspector may ask theoccupier to sign an acknowledgement of the consent.

(2) The acknowledgement must state—

[s 189]


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(a) the purpose of the entry, including the powers to beexercised; and

(b) the following has been explained to the occupier—

(i) the purpose of the entry, including the powersintended to be exercised;

(ii) that the occupier is not required to consent;

(iii) that the consent may be given subject to conditionsand may be withdrawn at any time; and

(c) the occupier gives the inspector or another inspectorconsent to enter the place and exercise the powers; and

(d) the time and day the consent was given; and

(e) any conditions of the consent.

(3) If the occupier signs the acknowledgement, the inspector mustimmediately give a copy of the acknowledgement to theoccupier.

(4) If—

(a) an issue arises in a proceeding about whether theoccupier consented to the entry; and

(b) a signed acknowledgement complying with subsection(2) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness ofthe entry to prove the occupier consented.

Division 3 Entry with warrant

Subdivision 1 Getting warrant

189 Application for warrant

(1) An inspector may apply to a magistrate for a warrant for aplace.

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[s 190]



(2) The inspector must prepare a written application that statesthe grounds on which the warrant is sought.

(3) The written application must be sworn.

(4) The magistrate may refuse to consider the application until theinspector gives the magistrate all the information themagistrate requires about the application in the way themagistrate requires.

Example—

The magistrate may require additional information supporting thewritten application to be given by statutory declaration.

190 Issue of warrant

(1) The magistrate may issue the warrant for the place only if themagistrate is satisfied there are reasonable grounds forsuspecting that there is at the place, or will be at the placewithin the next 7 days, a particular thing or activity that mayprovide evidence of an offence against this Act.

(2) The warrant must state—

(a) the place to which the warrant applies; and

(b) that a stated inspector or any inspector may withnecessary and reasonable help and force—

(i) enter the place and any other place necessary forentry to the place; and

(ii) exercise the inspector’s powers; and

(c) particulars of the offence that the magistrate considersappropriate; and

(d) the name of the person suspected of having committedthe offence unless the name is unknown or themagistrate considers it inappropriate to state the name;and

(e) the evidence that may be seized under the warrant; and

[s 191]


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(f) the hours of the day or night when the place may beentered; and

(g) the magistrate’s name; and

(h) the day and time of the warrant’s issue; and

(i) the day, within 14 days after the warrant’s issue, thewarrant ends.

191 Electronic application

(1) An application for a warrant under section 189 may be madeby phone, fax, email, radio, video conferencing or anotherform of electronic communication if the inspector reasonablyconsiders it necessary because of—

(a) urgent circumstances; or

(b) other special circumstances, including, for example, theinspector’s remote location.

(2) The application—

(a) may not be made before the inspector prepares thewritten application under section 189(2); but

(b) may be made before the written application is sworn.

192 Additional procedure for electronic application

(1) For an application made under section 191, the magistratemay issue the warrant (the original warrant) only if themagistrate is satisfied—

(a) it was necessary to make the application under section191; and

(b) the way the application was made under section 191 wasappropriate.

(2) After the magistrate issues the original warrant—

(a) if there is a reasonably practicable way of immediatelygiving a copy of the warrant to the inspector, including,

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[s 192]



for example, by sending a copy by fax or email, themagistrate must immediately give a copy of the warrantto the inspector; or

(b) otherwise—

(i) the magistrate must tell the inspector theinformation mentioned in section 190(2); and

(ii) the inspector must complete a form of warrant,including by writing on it the informationmentioned in section 190(2) provided by themagistrate.

(3) The copy of the warrant mentioned in subsection (2)(a), or theform of warrant completed under subsection (2)(b) (in eithercase the duplicate warrant), is a duplicate of, and as effectiveas, the original warrant.

(4) The inspector must, at the first reasonable opportunity, send tothe magistrate—

(a) the written application complying with section 189(2)and (3); and

(b) if the inspector completed a form of warrant undersubsection (2)(b), the completed form of warrant.

(5) The magistrate must keep the original warrant and, onreceiving the documents under subsection (4)—

(a) attach the documents to the original warrant; and

(b) give the original warrant and documents to the clerk ofthe court of the relevant magistrates court.

(6) Despite subsection (3), if—

(a) an issue arises in a proceeding about whether anexercise of a power was authorised by a warrant issuedunder this section; and

(b) the original warrant is not produced in evidence;

[s 193]


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the onus of proof is on the person relying on the lawfulness ofthe exercise of the power to prove a warrant authorised theexercise of the power.

(7) This section does not limit section 189.


relevant magistrates court, in relation to a magistrate, meansthe Magistrates Court that the magistrate constitutes under theMagistrates Act 1991.

193 Defect in relation to a warrant

(1) A warrant is not invalidated by a defect in—

(a) the warrant; or

(b) compliance with this subdivision;

unless the defect affects the substance of the warrant in amaterial particular.


warrant includes a duplicate warrant mentioned in section192(3).

Subdivision 2 Entry procedure

194 Entry procedure

(1) This section applies if an inspector intends to enter a placeunder a warrant issued under this Act.

(2) The inspector must do or make a reasonable attempt to do thefollowing things, before entering the place—

(a) identify himself or herself to a person who is anoccupier of the place and is present by producing theinspector’s identity card or another documentevidencing the inspector’s appointment;

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[s 195]



(b) give a copy of the warrant to the person;

(c) tell the person that the warrant allows the inspector toenter the place;

(d) give the person an opportunity to allow the inspectorimmediate entry to the place without using force.

(3) However, the inspector need not comply with subsection (2) ifthe inspector reasonably believes that entry to the placewithout compliance is required to ensure the execution of thewarrant is not frustrated.


warrant includes a duplicate warrant under section 192(3).

Division 4 General powers of inspectors after entering places


(1) If an inspector enters a place under section 184(1)(a) or (c),the inspector may exercise the powers under this division.

(2) However, the powers are subject to any conditions of theconsent, or terms of the warrant, that allowed the entry.

196 General powers

(1) The inspector may do any of the following—

(a) search any part of the place;

(b) inspect, examine or film any part of the place oranything at the place;

(c) take for examination a thing, or a sample of or from athing, at the place;

(d) place an identifying mark in or on anything at the place;

[s 197]


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(e) take an extract from, or copy, a document at the place, ortake the document to another place to copy;

(f) produce an image or writing at the place from anelectronic document or, to the extent it is notpracticable, take a thing containing an electronicdocument to another place to produce an image orwriting;

(g) take to, into or onto the place and use any person,equipment and materials the inspector reasonablyrequires for exercising the inspector’s powers under thisdivision;

(h) remain at the place for the time necessary to achieve thepurpose of the entry.

(2) The inspector may take a necessary step to allow the exerciseof a power mentioned in subsection (1).

(3) If the inspector takes a document from the place to copy it, theinspector must copy the document and return it to the place assoon as practicable.

(4) If the inspector takes from the place a device reasonablycapable of producing a document from an electronicdocument to produce the document, the inspector mustproduce the document and return the device to the place assoon as practicable.


film includes photograph, videotape and record an image inanother way.

inspect, a thing, includes open the thing and examine itscontents.

197 Requiring reasonable help

(1) The inspector may require an occupier of the place, or aperson at the place, to give the inspector reasonable help toexercise a power mentioned in section 196.

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[s 198]



(2) When making the requirement, the inspector must give anoffence warning to the person.

(3) The person must comply with the requirement, unless theperson has a reasonable excuse.


(4) It is a reasonable excuse for an individual not to comply withthe requirement if complying might tend to incriminate theindividual or expose the individual to a penalty.

(5) However, subsection (4) does not apply if a document orinformation that is the subject of the requirement is requiredto be held or kept by the defendant under this Act.

Note—

However, see section 222.


Division 1 Stopping or moving vehicles


This division applies if an inspector reasonably suspects, or isaware, that a thing in or on a vehicle may provide evidence ofthe commission of an offence against this Act.

199 Power to stop or move

(1) If the vehicle is moving, the inspector may, to exercise his orher powers, signal or otherwise direct the person in control ofthe vehicle to stop the vehicle and to bring the vehicle to, andkeep it at, a convenient place within a reasonable distance toallow the inspector to exercise the powers.

[s 200]

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(2) If the vehicle is stopped, the inspector may direct the personin control of the vehicle—

(a) not to move it until the inspector has exercised theinspector’s powers; or

(b) to move the vehicle to, and keep it at, a stated reasonableplace to allow the inspector to exercise the powers.

(3) When giving the direction under subsection (2), the inspectormust give the person in control an offence warning for thedirection.

200 Identification requirements if vehicle moving

(1) This section applies if the inspector proposes to give adirection under section 199(1) and the vehicle is moving.

(2) The inspector must clearly identify himself or herself as aninspector exercising the inspector’s powers.

Example—

1 If the inspector is in a moving vehicle, they may use a loud hailer toidentify themselves as an inspector exercising powers.

2 If the inspector is standing at the side of the road, they may use asign to identify themselves as an inspector exercising powers.

(3) When the vehicle stops, the inspector must—

(a) have with him or her the inspector’s identity card; and

(b) immediately produce the identity card for the inspectionof the person in control of the vehicle.

(4) Subsection (3) applies despite section 183.

201 Failure to comply with direction

(1) The person in control of the vehicle must comply with adirection under section 199 unless the person has a reasonableexcuse.


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[s 202]



(2) It is a reasonable excuse for the person not to comply with adirection if—

(a) the vehicle was moving and the inspector did notcomply with section 200; or

(b) to comply immediately would have endangeredsomeone else or caused loss or damage to property, andthe person complies as soon as it is practicable to do so.

(3) Subsection (2) does not limit subsection (1).

(4) A person does not commit an offence against subsection (1)if—

(a) the direction the person fails to comply with is givenunder section 199(2); and

(b) the person is not given an offence warning for thedirection.

Division 2 Seizure by inspectors and forfeiture

Subdivision 1 Power to seize

202 Seizing evidence at a place that may be entered without consent or warrant

(1) This section applies if an inspector enters a place that theinspector may enter under this Act without the consent of anoccupier of the place, or a warrant.

(2) The inspector may seize a thing at the place if the inspectorreasonably believes the thing is evidence of an offence againstthis Act.

203 Seizing evidence at a place entered with consent


[s 204]


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(a) an inspector may enter a place under this Act only withthe consent of an occupier of the place, or a warrant; and

(b) the inspector enters the place after getting the consent.

(2) The inspector may seize a thing at the place only if—

(a) the inspector reasonably believes the thing is evidenceof an offence against this Act; and

(b) seizing the thing is consistent with the purpose of entry,as explained to the occupier when asking for theoccupier’s consent.

204 Seizing evidence at a place entered with warrant


(a) an inspector may enter a place under this Act only withthe consent of an occupier of the place, or a warrant; and

(b) the inspector enters the place with a warrant.

(2) The inspector may seize the evidence for which the warrantwas issued.

(3) The inspector may also seize anything else at the place if theinspector reasonably believes—

(a) the thing is evidence of an offence against this Act; and

(b) seizing the thing is necessary to prevent the thing beingdestroyed, hidden or lost.

(4) The inspector may also seize a thing at the place if theinspector reasonably believes the thing has just been used incommitting an offence against this Act.

205 Seizing property subject to security

(1) An inspector may seize a thing, and exercise powers relatingto the thing, despite a lien or other security over the thingclaimed by another person.

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[s 206]



(2) However, the seizure does not affect the other person’s claimto the lien or other security against a person, other than theinspector or a person acting for the inspector.

206 Securing seized thing

(1) After seizing a thing under this division, an inspector may—

(a) move the thing from the place of seizure; or

(b) leave the thing at the place (the place of seizure) wherethe thing was seized and take reasonable action torestrict access to the thing.

(2) For subsection (1)(b), the inspector may, for example—

(a) seal the thing, or the entrance to the place of seizure, andmark the thing or place to show access to the thing orplace is restricted; or

(b) for equipment—make the thing inoperable; or

Examples of making equipment inoperable—

dismantling the equipment or removing a component withoutwhich the equipment can not be used

(c) require a person who the inspector reasonably believesis in control of the place or thing to do—

(i) an act mentioned in paragraph (a) or (b); or

(ii) anything else an inspector could do undersubsection (1)(a).

(3) The person must comply with a requirement made of theperson under subsection (2)(c), unless the person has areasonable excuse.


(4) If an inspector restricts access to a seized thing, a person mustnot tamper with the thing, or with anything used to restrictaccess to the thing, without—

(a) an inspector’s approval; or

[s 207]


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(b) a reasonable excuse.


(5) If an inspector restricts access to a place, a person must notenter the place in contravention of the restriction, or tamperwith anything used to restrict access to the place, without—

(a) an inspector’s approval; or

(b) a reasonable excuse.


Subdivision 2 Safeguards for seized things

207 Receipt and information notice for seized thing

(1) This section applies if an inspector seizes anything under thisdivision unless—

(a) the inspector reasonably believes there is no-oneapparently in possession of the thing or it has beenabandoned; or

(b) because of the condition, nature and value of the thing itwould be unreasonable to require the inspector tocomply with this section.

(2) The inspector must, as soon as practicable after seizing thething, give the following to an owner or person in control ofthe thing before it was seized—

(a) a receipt for the thing that generally describes the thingand its condition;

(b) an information notice about the decision to seize thething.

(3) However, if an owner or person from whom the thing is seizedis not present when the thing is seized, the receipt andinformation notice may be given by leaving them in aconspicuous position, and in a reasonably secure way, at theplace at which the thing is seized.

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[s 208]



(4) The receipt and information notice may—

(a) be given in the same document; and

(b) relate to more than 1 seized thing.

(5) The inspector may delay giving the receipt and informationnotice if the inspector reasonably suspects giving them mayfrustrate or otherwise hinder an investigation by the inspectorunder this Act.

(6) However, the delay may be only for as long as the inspectorcontinues to have the reasonable suspicion and remains in thevicinity of the place at which the thing was seized to keep thething under observation.

208 Access to seized thing

(1) This section applies until a seized thing is forfeited orreturned.

(2) The inspector who seized the thing must allow an owner ofthe thing, free of charge—

(a) to inspect the thing at any reasonable time, and fromtime to time; and

(b) if the thing is a document—to copy the document.

(3) However, subsection (2) does not apply if it is impracticableor would be unreasonable to allow the owner to inspect orcopy the thing.

209 Returning seized thing

(1) This section applies if a seized thing is not—

(a) forfeited under subdivision 3; or

(b) subject to a disposal order under division 3.

(2) As soon as the chief executive stops being satisfied there arereasonable grounds for keeping the thing, the chief executivemust return the thing to its owner.

[s 209]


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(3) If the thing is not returned to its owner within 3 months afterthe thing was seized, the owner may apply to the chiefexecutive for its return.

(4) Within 30 days after receiving the application, the chiefexecutive must—

(a) if the chief executive is satisfied there are reasonablegrounds for keeping the thing and decides to keep thething—give an information notice to the owner; or

(b) otherwise—return the thing to the owner.

(5) For this section, there are reasonable grounds for keeping thething if—

(a) the thing is being, or is likely to be, examined; or

(b) the thing is needed, or may be needed, for—

(i) a proceeding for an offence against this Act that islikely to be started or that has been started but notcompleted; or

(ii) an appeal from a decision in a proceeding for anoffence against this Act; or

(c) it is not lawful for the owner to possess the thing.

(6) However, subsection (5) does not limit the grounds that maybe reasonable grounds for keeping the thing.

(7) Nothing in this section affects a lien or other security over theseized thing.


owner, of a seized thing, includes a person who would beentitled to possession of the thing if it had not been seized.

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[s 210]



Subdivision 3 Forfeiting seized things

210 Forfeiture by chief executive decision

(1) The chief executive may decide a seized thing is forfeited tothe State if an inspector—

(a) after making reasonable inquiries, can not find anowner; or

(b) after making reasonable efforts, can not return it to anowner; or

(c) reasonably believes it is necessary to keep the thing toprevent the thing being used to commit the offence forwhich the thing was seized.

(2) However, the inspector is not required to—

(a) make inquiries if it would be unreasonable to makeinquiries to find an owner; or

(b) make efforts if it would be unreasonable to make effortsto return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3) The inspector must consider the thing’s condition, nature andvalue when deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if inquiries or efforts are made—what inquiries orefforts, including the period over which they are made,are reasonable.

(4) If the chief executive decides to forfeit a thing, the chiefexecutive must as soon as practicable give an informationnotice about the decision to a person (the former owner) whoowned the thing just before the thing was forfeited.

(5) If the decision was made under subsection (1)(a) or (b), theinformation notice may be given by leaving the notice at the

[s 211]


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place where the thing was seized, in a conspicuous positionand in a reasonably secure way.

(6) The information notice must state that the former owner mayapply for a stay of the decision if the former owner appealsagainst the decision.

(7) However, subsections (4) to (6) do not apply if—

(a) the decision was made under subsection (1)(a) or (b);and

(b) the place where the thing was seized is—

(i) a public place; or

(ii) a place where the notice is unlikely to be read bythe former owner.

211 Dealing with things forfeited or transferred to State

(1) A thing becomes the property of the State if—

(a) the thing is forfeited to the State under section 210(1);or

(b) the owner of the thing and the State agree, in writing, tothe transfer of the ownership of the thing to the State.

(2) The chief executive may deal with the thing as the chiefexecutive considers appropriate, including, for example, bydestroying it or giving it away.

(3) The chief executive must not deal with the thing in a way thatcould prejudice the outcome of an appeal against theforfeiture.

(4) If the chief executive sells the thing, the chief executive may,after deducting the costs of the sale, return the proceeds of thesale to the former owner of the thing.

(5) This section is subject to any disposal order made for thething.

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[s 212]



Division 3 Disposal orders

212 Disposal order

(1) This section applies if a person is convicted of an offenceagainst this Act.

(2) The court may make an order (a disposal order), on its owninitiative or on an application by the prosecution, for thedisposal of any of the following things owned by the person—

(a) anything that was the subject of, or used to commit, theoffence;

(b) another thing the court considers is likely to be used bythe person or another person in committing a furtheroffence against this Act.

(3) The court may make a disposal order for a thing—

(a) whether or not it has been seized under this Act; and

(b) if the thing has been seized—whether or not it has beenreturned to the former owner.

(4) When deciding whether to make a disposal order for a thing,the court—

(a) may require notice to be given to anyone the courtconsiders appropriate, including, for example, anyperson who may have any property in the thing; and

(b) must hear any submissions that any person claiming tohave any property in the thing may wish to make.

(5) The court may make any order to enforce the disposal orderthat it considers appropriate.

(6) This section does not limit the court’s powers under anotherlaw.

[s 213]


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Division 4 Other information-obtaining powers of inspectors

213 Requiring name and address

(1) This section applies if an inspector—

(a) finds a person committing an offence against this Act; or

(b) finds a person in circumstances that lead the inspector toreasonably suspect the person has just committed anoffence against this Act; or

(c) has information that leads the inspector to reasonablysuspect a person has just committed an offence againstthis Act.

(2) The inspector may require the person to state the person’sname and residential address.

(3) Also, the inspector may require the person to give evidence ofthe correctness of the stated name or address if, in thecircumstances, it would be reasonable to expect the personto—

(a) be in possession of evidence of the correctness of thestated name or address; or

(b) otherwise be able to give the evidence.

(4) When making a requirement, the inspector must give anoffence warning to the person.



(6) The person may not be convicted of an offence undersubsection (5) unless the person is found guilty of the offencein relation to which the requirement was made.

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[s 214]



214 Requiring documents to be produced

(1) This section applies to the following documents—

(a) a document issued to a person under this Act;

(b) a document required to be kept by a person under thisAct;

(c) if a document or information required to be kept by aperson under this Act is stored by means of a device—adocument that is a clear written reproduction of thestored document or information.

(2) An inspector may require the person to produce a document toan inspector for inspection, at a reasonable time and place thatthe inspector nominates.



(4) It is not a reasonable excuse for the person to fail to complywith the requirement on the basis that complying with therequirement might tend to incriminate the person or exposethe person to a penalty.

Note—

However, see section 222 (which is about evidential immunity).

(5) The inspector must inform the person, in a way that isreasonable in the circumstances—

(a) that the person must comply with the documentproduction requirement even though complying mighttend to incriminate the person or expose the person to apenalty; and

(b) that, under section 222, there is a limited immunityagainst the future use of the information or documentgiven in compliance with the requirement.

(6) If the person fails to comply with subsection (3), but theinspector fails to comply with subsection (5), the person cannot be convicted of the offence against subsection (3).

[s 215]


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(7) If a court convicts a person of an offence against subsection(3), the court may, as well as imposing a penalty for theoffence, order the person to comply with the requirement.


produce, a document that is an electronic document, meansproduce a clear written reproduction of the document.

215 Requiring documents to be certified

(1) This section applies to a document produced under section214 to an inspector.

(2) The inspector may keep the document to copy the document.

(3) If the inspector copies the document, or an entry in thedocument, the inspector may require the person responsiblefor keeping the document to certify the copy as a true copy ofthe document or entry.

(4) The inspector must return the document to the person as soonas practicable after copying the document.

(5) However, if the inspector makes a requirement of the personunder subsection (3), the inspector may keep the documentuntil the person complies with the requirement.



(7) It is not a reasonable excuse for the person to fail to complywith the requirement on the basis that complying with therequirement might tend to incriminate the person or exposethe person to a penalty.

Note—

However, see section 222 (which is about evidential immunity).

(8) The inspector must inform the person, in a way that isreasonable in the circumstances—

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[s 216]



(a) that the person must comply with the requirement eventhough complying might tend to incriminate the personor expose the person to a penalty; and

(b) that, under section 222, there is a limited immunityagainst the future use of the information or documentgiven in compliance with the requirement.

(9) If the person fails to comply with subsection (6), but theinspector fails to comply with subsection (8), the person cannot be convicted of the offence against subsection (6).

216 Requiring information

(1) This section applies if an inspector reasonably believes—

(a) an offence against this Act has been committed; and

(b) a person may be able to give information about theoffence.

(2) The inspector may, by notice given to the person, require theperson to give information about the offence to the inspector,at a stated reasonable time and place.



(4) It is a reasonable excuse for an individual not to give theinformation if giving the information might tend toincriminate the individual or expose the individual to apenalty.


give, information that is stored as an electronic document,means produce a clear written reproduction of theinformation.

[s 217]


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Division 5 Damage

217 Duty to avoid inconvenience and minimise damage

When exercising a power, an inspector must take allreasonable steps to cause as little inconvenience, and do aslittle damage, as possible.

Note—

Also, see section 219 (which is about compensation).

218 Notice of damage


(a) an inspector damages something when exercising, orpurporting to exercise, a power; or

(b) a person (the assistant) acting under the direction orauthority of an inspector damages something.

(2) However, this section does not apply to damage the inspectorreasonably considers is trivial or if the inspector reasonablybelieves—

(a) there is no-one apparently in possession of the thing; or

(b) the thing has been abandoned.

(3) The inspector must give notice of the damage to a person whoappears to the inspector to be an owner, or person in control,of the thing.

(4) However, if for any reason it is not practicable to comply withsubsection (3), the inspector must—

(a) leave the notice at the place where the damagehappened; and

(b) ensure it is left in a conspicuous position and in areasonably secure way.

(5) The inspector may delay complying with subsection (3) or (4)if the inspector reasonably suspects complying with the

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[s 219]



subsection may frustrate or otherwise hinder an investigationby the inspector.

(6) The delay may be only for so long as the inspector continuesto have the reasonable suspicion and remains in the vicinity ofthe place.

(7) If the inspector believes the damage was caused by a latentdefect in the thing or other circumstances beyond the controlof the inspector or the assistant, the inspector may state thebelief in the notice.


(a) particulars of the damage; and

(b) that the person who suffered the damage may claimcompensation under section 219.


219 Compensation

(1) A person may claim compensation from the State if the personincurs loss because of the exercise, or purported exercise, of apower by or for an inspector, including a loss arising fromcompliance with a requirement made of the person underdivision 2, 3 or 4.

(2) The compensation may be claimed and ordered in aproceeding—

(a) brought in a court with jurisdiction for the recovery ofthe amount of compensation claimed; or

(b) for an alleged offence against this Act, the investigationof which gave rise to the claim for compensation.

(3) A court may order the payment of compensation only if it issatisfied it is just to make the order in the circumstances.

(4) When considering whether it is just to order compensation,the court must consider—

[s 220]


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(a) any relevant offence committed by the claimant; and

(b) whether the loss arose from a lawful seizure or lawfulforfeiture.

(5) A regulation may prescribe other matters that may, or must,be taken into account by the court when considering whetherit is just to order compensation.

(6) Section 217 does not provide for a statutory right ofcompensation other than is provided by this section.


loss includes costs and damage.

Division 7 Other offences relating to inspectors

220 Obstructing inspector

(1) A person must not obstruct an inspector exercising a power,or someone helping an inspector exercising a power, unlessthe person has a reasonable excuse.


(2) If a person has obstructed an inspector, or someone helping aninspector, and the inspector decides to proceed with theexercise of the power, the inspector must warn the personthat—

(a) it is an offence to cause an obstruction, unless the personhas a reasonable excuse; and

(b) the inspector considers the person’s conduct anobstruction.


obstruct includes assault, hinder, resist, attempt to obstructand threaten to obstruct.

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[s 221]



221 Impersonating inspector

A person must not impersonate an inspector.


Division 8 Other provisions

222 Evidential immunity

(1) This section applies if an individual gives or producesinformation or a document to an inspector under section 197or 214.

(2) Evidence of the information or document, and other evidencedirectly or indirectly derived from the information ordocument, is not admissible against the individual in anyproceeding to the extent it tends to incriminate the individual,or expose the individual to a penalty, in the proceeding.

(3) However, this section does not apply to a proceeding about thefalse or misleading nature of the information or anything inthe document or in which the false or misleading nature of theinformation or document is relevant evidence.


223 Application of other Acts

(1) If another Act—

(a) specifies monetary penalties for offences aboutdevelopment greater or less than the penalties specifiedin this Act; or

(b) provides that an activity specified in this Act as adevelopment offence is not an offence; or

[s 224]

Planning Act 2015Chapter 5 Offences and enforcementPart 9 Miscellaneous

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(c) contains provisions about the carrying out ofdevelopment in an emergency; or

(d) includes requirements about show cause notices orenforcement notices that are different from therequirements of this Act; or

(e) includes provisions about the issuing of other noticeshaving the same effect as show cause notices orenforcement notices; or

(f) includes requirements about proceedings for theprosecution for development offences or other offencesthat are different from the requirements of this Act; or

(g) includes requirements about proceedings forenforcement orders that are different to the requirementsof this Act;

the provisions of the other Act apply instead of the provisionsof this Act to the extent of any inconsistency.

(2) The chief executive’s nomination of a person as anenforcement authority does not prevent the person performingfunctions of an investigative or enforcement nature that theperson has under another Act.

(3) This chapter does not limit a court’s powers under thePenalties and Sentences Act 1992 or another law.

224 False or misleading information

(1) A person must not, for this Act, give an official informationthat the person knows is false or misleading in a materialparticular.


(2) Subsection (1) does not apply if the person, when giving theinformation to the official—

(a) informs the official, to the best of the person’s ability,how the information is false or misleading; and

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[s 225]



(b) if the person has, or can reasonably get, the correctinformation—gives the correct information.

(3) In proceedings for an offence against this section, it is enoughfor a charge to state the information was ‘false or misleading’without specifying which.


official means—

(a) an assessment manager; or

(b) a referral agency; or

(c) a responsible entity for a change application; or

(d) an enforcement authority; or

(e) the Minister; or

(f) the chief executive; or

(g) a local government; or

(h) an inspector; or

(i) another person prescribed by regulation.

225 Executive officer must ensure corporation complies with Act

(1) An executive officer of a corporation commits an offence if—

(a) the corporation commits an offence against an executiveliability provision; and

(b) the officer did not take all reasonable steps to ensure thecorporation did not engage in the conduct constitutingthe offence.

Maximum penalty—the penalty for the offence by anindividual.

(2) When deciding whether things done or omitted to be done bythe executive officer constitute reasonable steps for subsection(1)(b), a court must consider—

[s 225]

Planning Act 2015Chapter 5 Offences and enforcementPart 9 Miscellaneous

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(a) whether the officer knew, or ought reasonably to haveknown, of the corporation’s conduct constituting theoffence against the executive liability provision; and

(b) whether the officer was in a position to influence thecorporation’s conduct in relation to the offence againstthe executive liability provision; and

(c) any other relevant matter.

(3) The executive officer may be proceeded against for, andconvicted of, an offence against subsection (1) whether or notthe corporation has been proceeded against for, or convictedof, the offence against the executive liability provision.

(4) This section does not affect—

(a) the corporation’s liability for the offence against theexecutive liability provision; or

(b) the liability, under the Criminal Code, chapter 2, of anyperson for the offence, whether or not the person is anexecutive officer of the corporation.


executive liability provision means—

(a) section 160; or

(b) section 161; or

(c) section 162; or

(d) section 163; or

(e) section 164(7); or

(f) section 166(5); or

(g) section 170; or

(h) section 174(4); or

(i) section 177(8).

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[s 226]



226 Responsibility for representative

(1) If it is relevant to prove, in offence proceedings, a person’sstate of mind about particular conduct, it is enough to show—

(a) the person’s representative was engaged in the conductfor the person within the scope of the representative’sactual or apparent authority; and

(b) the representative had the state of mind.

(2) The person is taken to have engaged in the representative’sconduct, unless the person proves the person could not haveprevented the conduct by exercising reasonable diligence.


conduct means an act or omission.

representative means—

(a) of a corporation—an executive officer, employee oragent of the corporation; or

(b) of an individual—an employee or agent of theindividual.

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.

[s 227]

Planning Act 2015Chapter 6 Dispute resolutionPart 1 Introduction

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Chapter 6 Dispute resolution

Part 1 Introduction


(1) This chapter is about resolving disputes between personsinvolved in development assessment and other processesunder this Act.

(2) Part 2 is about rights of appeal.

(3) Part 3 is about appeals to a tribunal.

(4) Part 4 is about appeals to the P&E Court.

(5) Part 5 is about establishing a tribunal for the affordable andtimely resolution of a dispute.


228 Appeals to tribunal or P&E Court

(1) A person may appeal to a tribunal or the P&E Court, about amatter in part 3 or 4, within the appeal period.

(2) The appeal period is—

(a) for an appeal by a building advisory agency—

(i) for a deemed approval of a developmentapplication for which a decision notice has notbeen given—20 business days after the applicantgives a copy of the deemed approval notice to theagency; or

(ii) otherwise—10 business days after notice of adecision for the matter is given to the agency; or

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[s 228]

Planning Act 2015Chapter 6 Dispute resolution


(b) for an appeal against a deemed refusal—at any timeafter the last day a decision on the matter should havebeen made; or

(c) for an appeal against a decision of the Minister, underchapter 7, part 4, to register premises or to renew theregistration of premises—20 business days after noticeof the decision is published under section 291(3)(a) or(4); or

(d) for any other appeal—20 business days after notice of adecision for the matter is given to the person.

Note—

See the P&E Court Act for the court’s power to extend the appealperiod.

(3) The person starts the appeal by lodging, with the registrar ofthe tribunal or P&E Court, a notice of appeal that—

(a) is in the approved form; and

(b) succinctly states the grounds of the appeal.

(4) The notice of appeal must be accompanied by the requiredfee.

(5) The person or, for an appeal to the tribunal, the registrar must,within the service period, give a copy of the notice of appealto—

(a) the respondent for the appeal, as stated in part 3 or 4;and

(b) each co-respondent for the appeal, as stated in part 3 or4; and

(c) a person who may elect to become a co-respondent forthe appeal, as stated in—

(i) subsection (9); and

(ii) part 3 or 4, other than sections 244(4)(c) and245(6); and

[s 229]

Planning Act 2015Chapter 6 Dispute resolutionPart 2 Appeal rights

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(d) for an appeal under section 244(4)(c)—each principalsubmitter for the application; and

(e) for an appeal to the P&E Court—the chief executive;and

(f) for an appeal to a tribunal under another Act—any otherperson who the registrar considers appropriate.

(6) The service period is—

(a) if a submitter or advice agency started the appeal—2business days after the appeal is started; or

(b) otherwise—10 business days after the appeal is started.

(7) A person elects to be a co-respondent by filing a notice ofelection, in the approved form, within 10 business days afterthe notice of appeal is given to the person.

(8) A notice of appeal given to a person who may elect to be aco-respondent must state the effect of subsection (7).

(9) If a chosen assessment manager is a respondent, theprescribed assessment manager may elect to become aco-respondent.

(10) Each respondent and co-respondent for an appeal may beheard in the appeal.

(11) If an appeal is only about a referral agency response, theassessment manager may apply to the tribunal or P&E Courtto withdraw from the appeal.

229 Other appeals

(1) A person who is aggrieved by a decision made under this Actmay apply to the Supreme Court for a review of the decisionon the ground of jurisdictional error.

(2) Otherwise, a decision of the Minister under this Act, otherthan a decision under chapter 7, part 4, is non-appealable.

(3) The Judicial Review Act 1991, other than part 4, does notapply to a decision made under this Act.

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[s 230]




decision includes—

(a) conduct engaged in for the purpose of making adecision; and

(b) other conduct that relates to the making of a decision;and

(c) the making of a decision or the failure to make adecision; and

(d) a purported decision; and

(e) a deemed refusal.

non-appealable, for a decision, means the decision—

(a) is final and conclusive; and

(b) may not be challenged, appealed against, reviewed,quashed, set aside or called into question in any way inany court.

230 Rules of the P&E Court

(1) A person who is appealing to the P&E Court must complywith the rules of the court that apply to the appeal.

(2) However, the P&E Court may hear and decide an appeal evenif the person has not complied with rules of the P&E Court.



231 Particular development applications

(1) This section applies to a development application to the extentthe application relates to—

[s 232]

Planning Act 2015Chapter 6 Dispute resolutionPart 3 Appeals to tribunal

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(a) a material change of use of a classified building; or

(b) operational work associated with—

(i) building work; or

(ii) a retaining wall or tennis court.

(2) However, this section does not apply if—

(a) any part of the application required [merit/impact?]assessment; and

(b) the assessment manager received any properly madesubmissions for the application.

(3) The applicant may appeal to a tribunal against any or all of thefollowing—

(a) the refusal, or deemed refusal, of all or part of theapplication;

(b) a provision of the development approval;

(c) the decision to give a preliminary approval when adevelopment permit was applied for.

(4) The assessment manager is the respondent.

(5) If the appeal is about a referral agency response made by aconcurrence agency, the concurrence agency is aco-respondent.

(6) Any concurrence agency may elect to be a co-respondent.

232 Extension applications for use of classified building

(1) This section applies to an extension application for adevelopment approval that is only for a material change of useof a classified building.

(2) The following persons may appeal to the tribunal against adecision for the application—

(a) the applicant; or

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[s 233]



(b) a concurrence agency, other than the chief executive, forthe application.

(3) Also, the applicant may appeal to the tribunal against adeemed refusal of the application.


(5) If a concurrence agency appeals, the applicant is aco-respondent.


233 Change applications for minor changes

(1) This section applies to a change application for a minorchange to a development approval that is only for a materialchange of use of a classified building.

(2) However, this section does not apply to—

(a) a deemed refusal of the application; or

(b) a decision made by the P&E Court.

(3) The following persons may appeal to a tribunal against adecision for the application—

(a) the applicant;

(b) if the responsible entity for the application is theassessment manager—an affected entity that gave apre-request response notice or response notice.

(4) The responsible entity for the application is the respondent.

(5) If an affected entity starts the appeal, the applicant is aco-respondent.

(6) If the responsible entity is the assessment manager, aconcurrence agency for the development application mayelect to become a co-respondent.

234 Development conditions

(1) This section applies to a development application if—

[s 235]


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(a) the application is only for a material change of use thatinvolves the use of a building classified under theBuilding Code as a class 2 building; and

(b) the proposed development is for premises of not morethan 3 storeys; and

(c) the proposed development is for not more than 60 sole-occupancy units.

(2) However, this section does not apply to a developmentapplication if—

(a) any part of the application required [merit/impact?]assessment; and

(b) the assessment manager received any properly madesubmissions for the application.

(3) The person who made the application may appeal to a tribunalagainst a development condition.




Division 2 Building, plumbing and drainage matters

235 Applicant appeals

(1) This section applies to a tribunal appeal matter.

(2) A person who made a development application may appeal toa tribunal against any of the following—


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[s 236]



(b) a provision of the development approval, other than aprovision about the identification or inclusion, under avariation approval, of a matter for the development;




(5) The following persons may elect to become aco-respondent—

(a) another concurrence agency for the application;

(b) a private certifier for the application.

236 Building advisory agency appeals


(2) A building advisory agency may appeal to a tribunal about thegiving of a development approval for a developmentapplication that involves [standard/code?] assessment for thepart of building work to be assessed against the buildingassessment provisions.


(4) The person who made the application is a co-respondent.


(a) a concurrence agency for the application;

(b) a private certifier for the application.

237 Extension applications for tribunal appeal matters


[s 238]


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(2) The following persons may appeal to a tribunal against arefusal, or deemed refusal, of an extension application—

(a) the applicant;

(b) a concurrence agency, other than the chief executive, forthe development application.


(4) If a concurrence agency starts the appeal, the applicant is aco-respondent.


(a) a concurrence agency for the development application;

(b) a private certifier for the development application;

(c) if the assessment manager is not the localgovernment—the local government.

238 Change applications for minor changes


(2) The following persons may appeal to a tribunal against adecision on a change application for a minor change to adevelopment approval—

(a) the applicant;

(b) if the responsible entity for the application is theassessment manager—an affected entity that gave apre-request response notice or a response notice.

(3) However, this section does not apply to—

(a) a deemed refusal of a change application; or

(b) a decision on a change application made by the P&ECourt.


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[s 239]



(5) If an affected entity starts the appeal, the applicant is aco-respondent.


(a) a concurrence agency for the development application;

(b) a private certifier for the development application.

239 Building and plumbing and drainage matters


(2) A person who applied for a building development approvalunder the Building Act may appeal to the tribunal about adecision by a building certifier or referral agency about theinspection of building work that is the subject of the buildingdevelopment approval.

(3) A person who received, or is entitled to receive a decisionnotice about either of the following decisions, may appeal tothe tribunal about the decision—

(b) a decision under the Building Act, other than a decisionmade by the Queensland Building and ConstructionCommission; or

(c) a decision under the Plumbing and Drainage Act, part 4or 5.

(4) A person may appeal to tribunal about a local government’sfailure to decide an application, other than a buildingdevelopment application, under the Building Act within theperiod required under that Act.

(5) The respondent is—

(a) for an appeal under subsection (2) or (3)—the personwho made the decision, or gave the notice, mentioned inthat subsection; or

(b) for an appeal under subsection (4)—the localgovernment to whom the application mentioned in thatsubsection was made.

[s 240]


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(1) A person who is given an enforcement notice in relation to atribunal appeal matter may appeal to a tribunal about thedecision to give the notice.

(2) The enforcement authority is the respondent.

(3) If the enforcement authority is not the local government, thelocal government may elect to be a co-respondent.

Division 3 Charges

241 Infrastructure charges notices

(1) A person who is given an infrastructure charges notice mayappeal to a tribunal about the decision to give the notice on 1or 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 of extra demand, for section 118;or

(iii) an offset or refund;

Examples of possible errors in applying an adopted charge—

• the incorrect application of gross floor area for anon-residential development

• applying an incorrect ‘use category’ under an SPRP(adopted charges) to the development

(b) there was no decision about an offset or refund;

(c) if the infrastructure charges notice states a refund will begiven—the timing for giving the refund.

(2) To remove any doubt, it is declared that the appeal must not beabout—

(a) the adopted charge itself; or

(b) for a decision about an offset or refund—

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[s 242]

Planning Act 2015Chapter 6 Dispute resolutionPart 4 Appeals to P&E Court

(i) the establishment cost of infrastructure in an LGIP;or

(ii) the cost of infrastructure decided using the methodincluded in the local government’s chargesresolution.

(3) The local government that gave the infrastructure chargesnotice is the respondent.

242 Conversion applications

(1) A person who made a conversion application may appeal to atribunal against a refusal, or deemed refusal, of theapplication.

(2) The local government is the respondent.

Part 4 Appeals to P&E Court


243 Appeals from tribunal

(1) A party to proceedings decided by a tribunal may appeal tothe P&E Court against the tribunal’s decision on the groundof—

(a) an error or mistake in law on the part of the tribunal; or

(b) jurisdictional error.

(2) The other party is the respondent.

[s 244]


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244 Development applications

(1) A person who made a development application may appeal tothe P&E Court against any of the following—


(b) a provision of a development approval;





(a) a concurrence agency for the application;

(b) an eligible advice agency for the application

(c) an eligible submitter for the application.

245 Eligible submitter appeals

(1) An eligible submitter, or an eligible advice agency, for adevelopment application that is approved may appeal to theP&E Court against—

(a) the part of the development approval that relates to theassessment manager’s decision about any part of theapplication that requires [merit/impact?] assessment;and

(b) the part of the approval that relates to the assessmentmanager’s decision about a variation request.

(2) The appeal may be against—

(a) for an eligible submitter—the giving of the developmentapproval; or

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[s 246]


(b) for an eligible submitter or an eligible advice agency—aprovision of the development approval, or failure toinclude a provision in the development approval.


(4) The applicant is a co-respondent.


(6) Another eligible submitter may elect to become aco-respondent.

246 Extension applications

(1) The following persons may appeal to the P&E Court againstthe assessment manager’s decision on an extensionapplication—


(b) a concurrence agency, other than the chief executive, forthe application.

(2) Also, the applicant may appeal to the P&E Court against adeemed refusal of the application.


(4) If a concurrence agency starts the appeal, the applicant is aco-respondent.

247 Change applications

(1) The following persons may appeal to the P&E Court against adecision on a change application—


(b) if the responsible entity for assessing the application isthe assessment manager for the development

[s 248]


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application—an affected entity that gave a pre-requestresponse notice or response notice.

(2) Also, a person who made a change application may appeal tothe P&E Court against a deemed refusal of the application.

(3) However, this section does not apply to a decision on a changeapplication made by the P&E Court.


(5) If the responsible entity is the assessment manager and theappeal is started by an affected entity that gave a pre-requestresponse notice or response notice, the applicant is aco-respondent.

Division 2 Other matters


(1) A person who is given an enforcement notice may appeal tothe P&E Court about the decision to give the notice.

(2) The enforcement authority is the respondent.

(3) If the enforcement authority is not the local government, thelocal government may elect to be a co-respondent.

249 Local laws


(a) a person who applies under a local law is dissatisfiedwith a decision of a local government, or the conditionsapplied, under the local law about—

(i) the use of premises; or

(ii) the erection of a building or other structure; and

(b) the use is not prohibited development under theplanning scheme or a TLPI for the planning schemearea.

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[s 250]


(2) The person may appeal to the P&E Court against the decisionor the conditions.


250 Registered premises

(1) A person who is given a decision notice about a decision ofthe Minister under chapter 7, part 4 may appeal to the P&ECourt against the decision.

(2) If the Minister decides, under chapter 7, part 4, to registerpremises or to renew the registration of premises, an owner oroccupier of affected premises who is dissatisfied with thedecision may appeal to the P&E Court against the decision.

(3) The Minister is the respondent.

(4) If an owner or occupier of affected premises starts the appeal,the owner of the registered premises may elect to be aco-respondent.


affected premises means land in the affected area for theregistered premises.

251 Compensation claims

(1) A person who is dissatisfied with a decision under section 29about the payment of compensation may appeal to the P&ECourt against—

(a) the decision; or

(b) a deemed refusal of the claim.


[s 252]


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252 Infrastructure charges notice

(1) A person who is given an infrastructure charges notice mayappeal to the P&E Court about the decision to give the noticeon 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 of extra demand, for section 118;or

(iii) an offset or refund;

Examples of possible errors in applying an adopted charge—

• the incorrect application of gross floor area for anon-residential development

• applying an incorrect ‘use category’ under a regulation tothe development

(b) there was no decision about an offset or refund;

(c) if the infrastructure charges notice states a refund will begiven—the timing for giving the refund;

(d) the charge in the notice is so unreasonable that noreasonable relevant local government could haveimposed it.

(2) To remove any doubt, it is declared that the appeal must not beabout—

(a) the adopted charge itself; or

(b) for a decision about an offset or refund—

(i) the establishment cost of infrastructure identifiedin an LGIP; or

(ii) the cost of infrastructure decided using the methodincluded in the local government’s chargesresolution.

(3) The local government that gave the infrastructure chargesnotice is the respondent.

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[s 253]

Planning Act 2015Chapter 6 Dispute resolutionPart 5 Development tribunal

253 Conversion applications

(1) A person who made a conversion application may appeal tothe P&E Court against a refusal, or deemed refusal, of theapplication.


Part 5 Development tribunal

Division 1 General

254 Appointment of referees

(1) The Minister may, by gazette notice, appoint a person to be areferee if the person has the qualifications or experienceprescribed by regulation.

(2) Also, the chief executive may, by notice, appoint otherpersons to be a referee if the person has the qualifications orexperience prescribed by regulation.

(3) The Minister or chief executive may appoint a person as areferee for the term, of not more than 3 years, stated in thenotice of appointment.

(4) A referee may be reappointed for further terms.

(5) The appointer may, at any time, cancel a referee’sappointment by signed notice given to the referee.

(6) A referee may, at any time, resign the referee’s appointmentby signed notice given to the appointer.

(7) A public service officer may be appointed as a referee.

(8) If a public service officer is appointed as a referee, the officerholds the appointment concurrently with any otherappointment that the officer holds in the public service.

[s 255]


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(9) A person appointed as a referee must—

(a) sign a declaration in the approved form; and

(b) give the declaration to the chief executive.

(10) The person must not sit as a tribunal member unless theperson has complied with subsection (9).

255 Referee with conflict of interest

(1) This section applies if the chief executive advises a refereethat the chief executive proposes to appoint the referee as atribunal member, and either or both of the following apply—

(a) the tribunal is to hear a matter about premises—

(i) the referee owns; or

(ii) for which the referee was, is, or is to be, anarchitect, builder, drainer, engineer, planner,plumber, plumbing inspector, certifier, siteevaluator or soil assessor; or

(iii) for which the referee has been, is, or will be,engaged by any party in the referee’s capacity as anaccountant, lawyer or other professional; or

(iv) situated or to be situated in the area of a localgovernment of which the referee is an officer,employee or councillor;

(b) the referee has a direct or indirect personal interest in amatter to be considered by the tribunal, and the interestcould conflict with the proper performance of thereferee’s functions for the tribunal’s consideration of thematter.

(2) However, this section does not apply to a referee merelybecause the referee previously acted in relation to thepreparation of a relevant local planning instrument.

(3) The referee must notify the chief executive that this sectionapplies to the referee, and on doing so, the chief executivemust not appoint the referee to the tribunal.

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[s 256]


(4) If a tribunal member is, or becomes, aware the member shouldnot have been appointed to the tribunal, the member must notact, or continue to act, as a member of the tribunal.

256 Establishing tribunal

(1) The chief executive may at any time establish a tribunal fortribunal proceedings.

(2) After a tribunal is established, the tribunal’s membership mustnot be changed.

(3) A tribunal consists of up to 5 referees that the chief executiveappoints as tribunal members.

(4) The chief executive may appoint a referee as a tribunalmember for tribunal proceedings if the person has thequalifications or experience for the proceedings.

(5) A regulation may specify the qualifications or experiencerequired for a particular proceedings.

(6) The chief executive must appoint a chairperson for eachtribunal.

257 Remuneration

A tribunal member must be paid the remuneration theGovernor in Council decides.

258 Tribunal proceedings

(1) A tribunal must ensure all persons before the tribunal areafforded natural justice.

(2) A tribunal must make its decisions in a timely way.

(3) A tribunal may—

(a) conduct its business as the tribunal considersappropriate, subject to a regulation made for thissection; and

[s 259]


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(b) sit at the times and places the tribunal decides; and

(c) hear an appeal and application for a declarationtogether; and

(d) hear 2 or more appeals or applications for a declarationtogether.

(4) A regulation may provide for—

(a) the way in which a tribunal is to operate, including thequalifications of the chairperson of the tribunal forparticular proceedings; or

(b) the tribunal to comply with a guideline made by theMinister and prescribed by regulation; or

(c) the required fee for tribunal proceedings.

259 Registrar and other officers

(1) The chief executive may, by gazette notice, appoint—

(a) a registrar; and

(b) other officers (including persons who are public serviceofficers) as the chief executive considers appropriate tohelp a tribunal perform its functions.

(2) The person may hold the appointment or assist concurrentlywith any other public service appointment the person holds.

Division 2 Applications for declarations

260 Starting proceedings for declarations

(1) A person may start proceedings for a declaration by filing anapplication, in the approved form, with the registrar.

(2) The application must be accompanied by the required fee.

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[s 261]


261 Application for declaration about making of development application

(1) The following persons may start proceedings for a declarationabout whether a development application is properly made—

(a) the applicant;

(b) the assessment manager.

(2) However, a person may not seek a declaration under thissection about whether a development application includes, oris supported by, the written consent of the owner of thepremises.

(3) The proceedings must be started by—

(a) the applicant within 20 business days after receivingnotice from the assessment manager, under thedevelopment assessment rules, that the developmentapplication is not properly made; or

(b) the assessment manager within 10 business days afterreceiving the development application.

(4) The registrar must, within 10 business days after theproceedings start, give notice of the proceedings to therespondent as a party to the proceedings.

(5) The tribunal must give a decision notice about the tribunal’sdecision to the parties to the proceedings.


respondent means—

(a) if the applicant started the proceedings—the assessmentmanager; or

(b) if the assessment manager started the proceedings—theapplicant.

[s 262]


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262 Application for declaration about change to development approval

(1) This section applies to a change application for a developmentapproval if—

(a) the approval is for a material change of use of premisesthat involves the use of a classified building; and

(b) the responsible entity for the change application is notthe Minister or the P&E Court.

(2) The applicant for the change application may startproceedings for a declaration about whether the proposedchange to the approval is a minor change.

(3) The responsible entity for the change application may startproceedings for a declaration about whether the proposedchange to the approval is a minor change.

(4) The registrar must, within 10 business days after theproceedings start, give notice of the proceedings to therespondent as a party to the proceedings.

(5) The tribunal must give a decision notice about the tribunal’sdecision to the parties to the proceedings.


respondent means—

(a) if the applicant started the proceedings—the responsibleentity; or

(b) if the responsible entity started the proceedings—theapplicant.

Division 3 Tribunal proceedings

263 Action when proceedings start

If a document starting tribunal proceedings is filed with theregistrar within the period required under this Act, and isaccompanied by the required fee, the chief executive must—

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[s 264]


(a) establish a tribunal for the proceedings; and

(b) appoint 1 of the referees as the tribunal’s chairperson, inaccordance with any requirements of a regulation; and

(c) give notice of the establishment of the tribunal to eachparty to the proceedings.

264 Chief executive excusing non-compliance


(a) the registrar receives a document purporting to starttribunal proceedings, accompanied by the required fee;and

(b) the document does not comply with any requirementunder this Act for validly starting the proceedings.

(2) The chief executive must consider the document and decidewhether or not it is reasonable in the circumstances to excusethe non-compliance (because it would not cause substantialinjustice in the proceedings, for example).

(3) If the chief executive decides not to excuse thenon-compliance, the chief executive must give a notice statingthat the document is of no effect, because of thenon-compliance, to the person who filed the document.

(4) The chief executive must give the notice within 10 businessdays after the document is given to the chief executive.

(5) If the chief executive does excuse the non-compliance, thechief executive may act under section 263 as if thenon-compliance had not happened.

265 Ending tribunal proceedings or establishing new tribunal

(1) The chief executive may decide not to establish a tribunalwhen a document starting tribunal proceedings is filed, if thechief executive considers it is not reasonably practicable toestablish a tribunal.

Examples of when it is not reasonably practicable to establish a tribunal—

[s 266]


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• if there are no qualified referees or insufficient qualified refereesbecause of a conflict of interest

• if the referees who are available will not be able to decide theproceedings in a timely way

(2) If the chief executive considers a tribunal established fortribunal proceedings—

(a) does not have the expertise to hear or decide theproceedings; or

(b) is not able to make a decision for proceedings (becauseof a tribunal member’s conflict of interest, for example);

the chief executive may decide to suspend the proceedingsand establish another tribunal to re-hear the proceedings.

(3) However, the chief executive may instead decide to end theproceedings if the chief executive considers it is notreasonably practicable to establish another tribunal to re-hearthe proceedings.

(4) If the chief executive makes a decision under subsection (1),(2) or (3), the chief executive must give a decision noticeabout the decision to the parties to the proceedings.

(5) When the chief executive gives the decision notice to theapplicant, the period for starting proceedings in the P&ECourt, for the matter stated in the application, starts again.

266 Refunding or waiving fees

The chief executive may, but need not—

(a) refund all or part of the fee paid to start proceedings ifthe chief executive decides under section 265 to end theproceedings; or

(b) waive all or part of the fee to start tribunal proceedingsin circumstances prescribed by regulation.

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[s 267]


267 Further material for tribunal proceedings

(1) The registrar may, at any time, ask a person to give theregistrar any information that the registrar reasonably requiresfor the tribunal proceedings.

Examples of information that the registrar may require—

• material about the proceedings (like plans)

• information to help the chief executive decide whether to excusenon-compliance under section 264

• for a deemed refusal—a statement of the reasons why theassessment manager, or referral agency, had not decided theapplication during the period for deciding the application.

(2) The person must give the information to the registrar within10 business days after the registrar asks for the information.

268 Representation of Minister if State interest involved

If, before tribunal proceedings are decided, the Ministerdecides the proceedings involve a State interest, the Ministermay be represented in the proceedings.

269 Representation of parties at hearing

A party to tribunal proceedings may appear in person, or by anagent who is not a lawyer.

270 Conduct of tribunal proceedings

(1) The chairperson of the tribunal must decide how tribunalproceedings are to be conducted.

(2) The tribunal may decide the proceedings on submissions if theparties agree.

(3) If the proceedings are to be decided on submissions, thetribunal must give all parties a notice asking for thesubmissions to be made to the tribunal within a statedreasonable period.

[s 271]


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(4) Otherwise, the tribunal must give notice of the time and placeof the hearing to all parties.

(5) The tribunal may decide the proceedings without submissions(written or oral) of a party if—

(a) for proceedings to be decided on submissions—theperson’s submissions are not received within the timestated in the notice given under subsection (3); or

(b) for proceedings to be decided by hearing—the person,or the person’s agent, does not appear at the hearing.

(6) When hearing proceedings, the tribunal—

(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 ensure all persons appearing before the tribunalhave a reasonable opportunity to be heard; and

(f) may prohibit or regulate questioning in the hearing.

(7) If, because of the time available for the proceedings, a persondoes not have an opportunity to be heard, or fully heard, theperson may make submissions to the tribunal.

271 Tribunal directions or orders

The tribunal may, at any time during tribunal proceedings,make any direction or order that the tribunal considersappropriate.

Examples of directions—

• a direction to an applicant about how to make their developmentapplication comply with this Act

• a direction to an assessment manager to assess a developmentapplication, even though the referral agency response to theassessment manager was to refuse the application

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[s 272]


272 Matters tribunal may consider

(1) This section applies to tribunal proceedings about adevelopment application or other request.

(2) The tribunal must decide the proceedings based on the laws ineffect when the application or request was properly made, butmay give the weight that the tribunal considers appropriate, inthe circumstances, to any new laws.

273 Deciding no jurisdiction for tribunal proceedings

(1) A tribunal may decide that the tribunal has no jurisdiction fortribunal proceedings, at any time before the proceedings aredecided—

(a) on the tribunal’s initiative; or

(b) on the application of a party.

(2) If the tribunal decides that the tribunal has no jurisdiction, thetribunal must give a decision notice about the decision to allparties to the proceedings.

(3) When the tribunal gives the decision notice to the applicant,the period for starting proceedings in the P&E Court, for thematter stated in the application, starts again.

(4) If the tribunal decides to end the proceedings, the fee paid tostart the proceedings is not refundable.

274 Conduct of appeals

(1) This section applies to an appeal to the tribunal.

(2) It is for the applicant to establish the appeal should be upheld.

(3) For an appeal by the recipient of an enforcement notice, theenforcement authority that gave the notice must establish theappeal should be dismissed.

(4) The tribunal must hear and decide the appeal by way of areconsideration of the evidence that was before the personwho made the decision appealed against.

[s 275]


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(5) However, the tribunal may, but need not, consider otherevidence presented by a party to the appeal with leave of thetribunal.

275 Deciding appeals to tribunal

(1) This section applies to an appeal to a tribunal against adecision.

(2) The tribunal must decide the appeal by—

(a) confirming the decision; or

(b) changing the decision; or

(c) replacing the decision with another decision; or

(d) setting the decision aside, and ordering the person whomade the decision to remake the decision by a statedtime; or

(e) for a deemed refusal of an application—

(i) ordering the assessment manager to decide theapplication by a stated time and, if the assessmentmanager does not comply with the order, decidethe application; or

(ii) deciding the application.

(3) However, the tribunal must not make a change, other than aminor change, to a development application.

(4) The tribunal’s decision takes the place of the decisionappealed against.

276 Notice of tribunal’s decision

(1) The tribunal must give a decision notice about the tribunal’sdecision for the tribunal proceedings, including any directionsor orders given by the tribunal, to all parties to proceedings.

(2) The tribunal’s decision starts to have effect—

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[s 277]


(a) if a party does not appeal the decision—at the end of theappeal period for the decision; or

(b) if a party appeals against the decision to the P&ECourt—subject to the decision of the court, when theappeal ends.

277 No costs orders

A tribunal must not make any order as to costs.

278 Recipient’s notice of compliance with direction or order

If a tribunal directs or orders a party to do something, theparty must notify the registrar when the thing is done.

279 Tribunal may extend period to take action

(1) This section applies if, under this chapter, an action fortribunal proceedings must be taken within a stated period orbefore a stated time, even if the period has ended or the timehas passed.

(2) The tribunal may allow a longer period or a different time totake the action if the tribunal considers there are sufficientgrounds for the extension.

280 Publication of tribunal decisions

The registrar must publish tribunal decisions under thearrangements, and in the way, that the chief executive decides.

[s 281]

Planning Act 2015Chapter 7 MiscellaneousPart 1 Existing uses and rights protected

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Chapter 7 Miscellaneous

Part 1 Existing uses and rights protected

281 Existing lawful uses, works and approvals

(1) If, just before a planning instrument change, a use of premiseswas a lawful use of premises, the change does not—

(a) stop the use from continuing; or

(b) further regulate the use; or

(c) require the use to be changed.

(2) If a planning instrument change happens after building orother works have been lawfully constructed or effected, thechange does not require the building or works to be altered orremoved.

(3) If a planning instrument change happens after a developmentapproval is given, the change does not—

(a) stop or further regulate the development; or

(b) otherwise affect the approval to any extent to which theapproval remains in effect.

282 Implied and uncommenced right to use


(a) a development approval comes into effect; and

(b) when the development application was properly made, amaterial change of use for a use that the applicationimplies was accepted development; and

(c) after the application was properly made, but before theuse started, a planning instrument change provided forthe material change of use to be assessable development.

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[s 283]

Planning Act 2015Chapter 7 Miscellaneous


(2) The use is taken to be a lawful use in existence just before thechange if—

(a) the development approval has not lapsed; and

(b) the use starts within 5 years after the completion of thedevelopment.

283 Prospective categorising regulations unaffected

To remove any doubt, it is declared that this part does notaffect the regulation-making power under section 42 fordevelopment starting on or after the regulation is notified.


284 Taking or purchasing land for planning purposes


(a) a local government considers that taking or purchasingland would help to achieve the outcomes stated in alocal planning instrument; or

(b) after a development approval starts to have effect, thelocal government is satisfied—

(i) the development would create a need to constructinfrastructure on land or to carry drainage overland; and

(ii) a person with the benefit of the approval has takenreasonable steps to get the agreement of the ownerof the land to actions that would facilitate theconstruction or carriage, but has not been able toget the agreement; and

(iii) the action is necessary for the development.

[s 285]

Planning Act 2015Chapter 7 MiscellaneousPart 3 Public access to documents

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(2) For subsection (1)(b), it does not matter that the person withthe benefit of the approval may derive any measurable benefitfrom the action.

(3) If the Governor in Council approves the taking or purchasing,the local government is taken to be a constructing authorityunder the Acquisition Act and may take or purchase the landunder that Act, including by taking an easement.


285 Public access to documents

(1) A regulation may prescribe, for a person who has, or has had,powers or functions in relation to this Act—

(a) the documents, including a register, relating to theperson’s functions, that the person must or may keeppublicly available; and

(b) where, and in what form the documents must or may bekept; and

(c) whether the documents, or a certified copy of thedocument must, or may be kept; and

(d) whether the documents must or may be kept availablefor inspection and purchase, or for inspection only; and

(e) the period or periods during which the documents mustor may be kept.

(2) Unless the regulation states otherwise—

(a) the person may keep the documents in electronic form;and

(b) different registers may be kept for different types ofinformation.

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[s 285]



(3) Subject to subsections (4) to (6), the person must comply withthe regulation.


(4) If a document is kept available—

(a) for inspection or purchase, the person must allowanother person—

(i) to inspect the document free of charge at the officewhere the document is held, whenever the office isopen for business; and

(ii) to get a copy of all or part of the document fromthe person, for the reasonable cost, but for no morethan the actual cost, of supplying the copy; and

(b) for inspection only, the person must allow anotherperson to inspect the document free of charge at theoffice where the document is held, whenever the officeis open for business, but need not give a copy to theperson; and

(c) on the person's website, the person must allow anotherperson to do the following free of charge—

(i) to view the document on the website; and

(ii) to download the document in the form that theperson decides.


(5) The person’s responsibilities under this section do not apply tothe extent—

(a) the person reasonably considers the documentcontains—

(i) information of a purely private nature about anindividual; or

Example of information of a purely private nature—

The individual's residential address, telephone number oremail address.

[s 286]

Planning Act 2015Chapter 7 MiscellaneousPart 3 Public access to documents

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(ii) sensitive security information; and

Example of sensitive security information—

The location of a security system or safe.

(b) stated in a regulation.

(6) The person need not disclose a submitter’s name, contactdetails or signature.

286 Planning and development certificates

(1) A person may apply to a local government for a limited,standard or full planning and development certificate forpremises.

(2) The application must be accompanied by the required fee.

(3) The local government must give the certificate to the applicantwithin the following time after the application is made—

(a) for a limited certificate—5 business days;

(b) for a standard certificate—10 business days;

(c) for a full certificate—30 business days.

(4) The certificate must include the content stated in a regulation.

(5) A person who suffers financial loss because of an error oromission in a planning and development certificate has a rightto reasonable compensation from the local government if theclaim is made within 6 years after the loss is first suffered.

(6) Section 29 applies to the claim as if the claim were acompensation claim.

287 Application of Information Privacy Act 2009

The Information Privacy Act 2009, section 5 applies to thispart as if the section referred to corporations as well asindividuals.

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[s 288]





The purpose of this part is to protect existing uses of particularpremises from certain effects of encroachment by newer usesin the vicinity of the premises by—

(a) providing for the registration of the premises; and

(b) establishing the responsibilities of certain persons in thearea (the affected area) to which the registration relates;and

(c) restricting particular proceedings in connection withemissions coming from premises that are registered.

289 Making or renewing registrations

(1) This section applies to premises if—

(a) an activity that involves emissions is carried out on thepremises; and

(b) the levels of emissions from the premises complywith—

(i) the development approval for the premises; and

(ii) any code of environmental compliance applying tothe activity.

(2) The owner of the premises may apply to the Minister toregister the premises.

(3) The Minister must consider the application and decide to—

(a) register the premises, with or without conditions; or

(b) refuse to register the premises.

(4) The owner of registered premises may apply to the Minister torenew the registration of premises, before the registrationexpires.

[s 289]

Planning Act 2015Chapter 7 MiscellaneousPart 4 Urban encroachment

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(5) The Minister must consider the application and decide to—

(a) renew the registration, with or without conditions; or

(b) refuse to renew the registration.

(6) If an application to renew the registration of premises is madebefore the registration expires, the registration continues untilthe application—

(a) is decided; or

(b) is withdrawn, or taken to have been withdrawn, by theapplicant.

Note—

A regulation made under section 297 may prescribe the circumstancesin which an application is taken to have been withdrawn.

(7) The Minister may register premises, or renew the registrationof premises, if the Minister is satisfied—

(a) the levels of emissions from the premises complywith—

(i) the development approval for the premises; and

(ii) any code of environmental compliance applying tothe activity; and

(b) of any matters prescribed by regulation.

(8) The Minister must, as soon as practicable after deciding anapplication under subsection (2) or (4), give a decision noticeto the applicant.

(9) The decision notice must identify the affected area for thepremises.

(10) The registration of premises starts to have effect on—

(a) for a decision to register premises—

(i) the day when the decision notice is given to theapplicant; or

(ii) a later day stated in the decision notice; or

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[s 290]



(b) for a decision to renew the registration of premises—theday after the registration would have ended if theregistration had not been renewed.

(11) A registration, including a renewed registration, that is notcancelled, continues to have effect for—

(a) the period of between 10 years and 25 years stated in thedecision notice; or

(b) if the decision notice does not state a period—10 years.

(12) As soon as practicable after premises are registered, or aregistration is renewed, the Minister must give notice of theregistration or renewal to each local government in whoselocal government area the affected area for the registeredpremises are situated.

(13) As soon as practicable after receiving the notice, the localgovernment must note the registration on—

(a) the local government’s planning scheme (if any); and

(b) any planning scheme that the local government makesbefore the registration expires.

290 Amending or cancelling registrations

(1) The Minister, after seeking representations from the owner ofpremises registered under this part, may decide to—

(a) amend the conditions of the registration; or

(b) cancel the registration if—

(i) the levels of emissions from the premises no longercomply with section 289(7)(a); or

(ii) a condition of the registration is contravened.

(2) The Minister, after considering any representations from theowner, must give a decision notice to the owner.

(3) If the Minister decides to amend or cancel a registration, theamendment or cancellation starts to have effect on—

[s 291]


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(a) the day when the notice is given to the owner; or

(b) a later day stated in the notice.

(4) The owner of registered premises may, by notice given to theMinister, cancel the registration.

(5) The registration ends on—

(a) the day when the Minister receives the owner’s notice;or

(b) a later day stated in the owner’s notice.

291 Responsibilities of owners of registered premises

(1) This section applies to the owner of premises registered underthis part.

(2) Within 20 business days after the premises are registered, theowner must ask the registrar of titles, by a notice, to keep arecord that this part applies to all lots within the affected areastated in the registration.


(3) Within 20 business days after the premises are registered, theowner must—

(a) publish a notice about the registration in a newspapercirculating generally in the affected area; and

(b) if the owner has a website for the premises—publishdetails about the registration, and the levels of emissionsallowed under the registration, on the website.


(4) Within 20 business days after the registration of premises isrenewed, the owner must publish a notice about the renewal ina newspaper circulating generally in the affected area.


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[s 292]



(5) As soon as practicable after complying with subsection (3) or(4), the owner must give notice of the compliance to theMinister.


(6) While the premises are registered, the owner must keepinformation about the registration, and the levels of emissionsallowed under the registration, reasonably available forinspection, free of charge, by members of the public.


(7) As soon as practicable after a registration is cancelled or ends,the owner must give the registrar of titles a notice asking theregistrar to remove the record made under subsection (2).



292 Responsibilities of owners of affected premises

(1) This section applies to the owner of premises in the affectedarea for premises registered under this part.

(2) The owner or the owner’s agent must, before entering into alease of the premises with a person, give the person a noticethat states—

(a) the premises are in an affected area; and

(b) that restrictions may apply to the person in takingproceedings about emissions from registered premisesin the affected area.



lease means an agreement under which the owner gives aperson the right to occupy the premises in exchange formoney or other valuable consideration.

[s 293]


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293 Responsibilities on development applicants

(1) This section applies to a person who makes an affected areadevelopment application.

(2) Within 20 business days after making the application, theperson must give the registrar of titles a notice asking theregistrar to keep a record that this part applies to the premisesthat are the subject of the application.


(3) Within 20 business days after the application lapses, is refusedor is withdrawn, the person must give the registrar of titles anotice asking the registrar to remove the record.



294 Rights of buyers in Milton rail precinct


(a) the applicant for an affected area developmentapplication, for premises in the Milton rail precinct,enters into a contract with another person for the person(the buyer) to buy all or part of the premises; and

(b) when the contract is entered into, the record mentionedin section 293(2) is not shown on the appropriateregister because the applicant failed to comply with thatsubsection.

(2) The buyer may, before the contract is completed, end thecontract by giving the applicant or the applicant’s agent asigned and dated notice that states the contract is ended underthis section.

(3) Within 10 business days after the buyer ends the contract, theapplicant must refund any deposit paid under the contract.


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[s 295]



(4) This section applies despite anything to the contrary in thecontract.

295 Responsibilities of registrar of titles

(1) The registrar of titles must, on receiving a notice under section291(2) or 293(2), keep the record mentioned in the notice in away that a search of the appropriate register will show therecord.

(2) The registrar of titles must, on receiving a notice under section291(7) or 293(3), remove the record from the register.

(3) The registrar of titles may remove a record under this partfrom a register if the registrar is satisfied, on reasonablegrounds, that—

(a) the registration of the premises has expired or beencancelled; or

(b) for a affected area development application—theapplication has lapsed, or been refused or withdrawn.

296 Restriction on legal proceedings

(1) This section applies to an affected person’s claim that anotherperson’s act or omission in carrying out an activity of a typementioned in section 289(1) at registered premises is, was orwill be an unreasonable interference, or likely interference,with an environmental value.

(2) Despite any other Act, the affected person may not take civilproceedings for nuisance, or criminal proceedings relating toa local law, against any person in relation to the claim if thefollowing have been complied with for the act or omission—

(a) the development approval for the registered premises;

(b) any code of environmental compliance applying to theact or omission.

(3) However, this section does not apply if—

[s 296]


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(a) a new or amended authority starts to apply for theregistered premises; and

(b) the new or amended authority authorises greateremissions than the original authority of the same typefor the premises.


affected person means the owner, occupier or lessee ofpremises that are, or were, the subject of an affected areadevelopment application—

(a) made after this section commences; or

(b) made before this section commences for which adecision notice had not been given before thecommencement; or

(c) for premises for which—

(i) a development approval has been given for theapplication before this section commences; and

(ii) a certificate of classification had not been givenunder the Building Act, before this sectioncommences.

environmental value means an environmental value under theEnvironmental Protection Act.

new or amended authority, for registered premises, means—

(a) a new development approval or a new registrationauthorising the carrying out of an environmentallyrelevant activity on the premises; or

(b) an amendment to the development approval orregistration for the premises; or

(c) a new code of environmental compliance applying to thepremises; or

(d) an amendment to an existing code of environmentalcompliance applying to the premises.

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[s 297]



original authority, for registered premises, means thefollowing in effect when the premises were first registered—

(a) the registration;

(b) the development approval for the premises;

(c) any code of environmental compliance applying to theactivity on the premises.

297 Regulation may prescribe extra matters

A regulation may prescribe extra matters for this part,including—

(a) requirements for an application; and

(b) processes for dealing with applications; and

(c) circumstances in which an application—

(i) lapses; or

(ii) is taken to have been withdrawn; or

(iii) may be cancelled; and

(d) matters the Minister must assess an application against,or having regard to; and

(e) the content of notices; and

(f) procedures for notification; and

(g) procedures for cancelling registrations or amending theconditions of a registration; and

(h) the form in which information must be kept.

[s 298]

Planning Act 2015Chapter 7 MiscellaneousPart 5 Other provisions

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298 Party houses

(1) This section is about party houses in a local government area.

(2) A party house means premises containing a dwelling that isused to provide, for a fee, accommodation or facilities forguests if—

(a) guest regularly use all or part of the dwelling for parties(like bucks party, hens party, raves, or weddingreceptions); and

(b) the accommodation or facilities are provided for aperiod of less than 10 days; and

(c) the owner of the premises does not occupy the premisesduring that period.

(3) A planning scheme or TLPI for the local government areamay do all or any of the following—

(a) state that a material change of use for a party house isassessable development in all or part of the localgovernment area;

(b) include assessment benchmarks for a material change ofuse for a party house;

(c) identify all or part of the local government area as aparty house restriction area.

(4) The use of a residential dwelling as a party house, in a partyhouse restriction area, is not, and has never been, a natural andordinary consequence of a residential dwelling development.

(5) Neither of the following authorises, or has ever authorised, amaterial change of use for a party house to take place as partof a residential dwelling development in a party houserestriction area—

(a) a development permit for the residential dwellingdevelopment;

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[s 299]



(b) a planning scheme or TLPI that states residentialdwelling development in the party house restriction areais accepted development.

(6) Subsection (5) applies whether the development permit wasgiven, or planning scheme or TLPI was made, before or afterthis section commences.


residential dwelling means premises used for a self-containedresidence 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 ofuse for a residential dwelling.

299 Application of P&E Court Act evidentiary provisions

The P&E Court Act, part 5, division 2 also applies to—

(a) proceedings relating to this Act started in a court otherthan the P&E Court or in a tribunal; and

(b) any person acting judicially in relation to proceedingsrelating to this Act.

300 Electronic service


(a) a person (the server) receives a document from anotherperson; and

(b) the document states an electronic address for service;and

Examples of an electronic address—

[s 300]


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an email address, an internet protocol (IP) address, the addressof a digital mailbox

(c) the server wants to give a document to the other person.

(2) The server may give the document to the other person byelectronically transmitting the following (thecommunication) to the electronic address—

(a) the document; or

(b) a message stating that the document is available for theother party to view by opening a stated hyperlink.

(3) The other person is taken to have been served with thedocument under subsection (2)(b) if the document was able tobe viewed by opening the hyperlink—

(a) at the time (the sending time) when the communicationwas transmitted; and

(b) for a period after the sending time that, in thecircumstances, was reasonable to allow the other personto open the hyperlink and read or copy the document.

(4) When deciding what is a reasonable period for subsection(3)(b), regard must be had to the other person’s functionsunder this Act for the application or submission.

(5) Subsection (3) applies whether or not the other person openedthe hyperlink.

(6) In any civil or criminal proceedings, a certificate signed by thesender attaching a copy of the communication and stating thefollowing matters is evidence of those matters—

(a) the sending time;

(b) that the document was able to be viewed at thehyperlinked address at the sending time and for a statedperiod after that time.

(7) This section does not limit the Interpretation Act, section 39or the Electronic Transactions (Queensland) Act 2001.

Example—

In an approved form, a person consents to a particular—

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[s 301]



(a) type of electronic communication for service from the applicant tothe person for the application; and

(b) method for electronic signatures for the communication.

The Electronic Transactions (Queensland) Act 2001, sections 11 and 12(about requirements and permissions to give information in writing) and14 (about electronic signatures) will apply for the communication.

301 References in Act to particular terms

In this Act, a reference to a person or thing mentioned incolumn 1 of the following table is, if the context allows, areference to the person or thing mentioned in column 2—

Column 1 Column 2

For a development application—

the applicant the applicant for theapplication

the development the development that is thesubject of the application

the assessment manager the assessment manager for theapplication

a referral agency a referral agency for theapplication

the local government each local government for thelocal government area wherethe development is proposed

a referral agency response a referral agency response forthe application

the development approval the development approval forthe application

[s 301]


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the land the land that is the subject ofthe application

the premises the premises that are thesubject of the application

the planning scheme the planning scheme for thelocal government area wherethe development is proposed

a submitter a submitter for the application

the decision notice the decision notice for theapplication

For a development approval—

the development application the development applicationfor the approval

the applicant the person who applied for theapproval or any person inwhom the benefit of theapproval vests

the development the development that is thesubject of the approval

the assessment manager the assessment manager for thedevelopment application

a referral agency a referral agency for thedevelopment application

the land the land that is the subject ofthe approval

Column 1 Column 2

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[s 301]



the premises the premises that are thesubject of the approval

the local government the local government for thelocal government area wherethe development is located

For a development condition—

the development approval the development approval inwhich the condition is included

the development the development that is thesubject of the developmentapproval of which thecondition is part

the land the land that is the subject ofthe development approval

the premises the premises that are thesubject of the approval

For a call in, or proposed call in—

the application the application that is thesubject of the call in orproposed call in

For a change application, cancellation application or extensionapplication—

the applicant the person who made theapplication

Column 1 Column 2

[s 301]


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the assessment manager if the assessment manager forthe development applicationwas a chosen assessmentmanager, and the applicant isunable to make the applicationto the chosen assessmentmanager—the prescribedassessment manager; or

otherwise—the assessmentmanager for the developmentapplication to which theapplication relates.

the development approval the development approval thatis the subject of the application

the referral agency the referral agency for thedevelopment approval that isthe subject of the application

For an enforcement notice or proposed enforcement notice—

the enforcement authority the enforcement authoritygiving or proposing to give thenotice

For an infrastructure charge, adopted charge, infrastructure chargesnotice or levied charge (a charge matter)—

the applicant the applicant for thedevelopment approval,approval for the extensionapplication, or approval for thechange application, to whichthe charge matter relates

Column 1 Column 2

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[s 302]



302 Applied provisions apply with necessary changes

If this Act applies a provision of another Act (including theold Act) for a purpose, the other provision, and any definitionrelevant to the provision, apply with necessary changes toachieve the purpose.

the development the development that is thesubject of the developmentapproval to which the chargematter relates

the premises the premises to which thecharge attaches

the local government the local government for thelocal government area wherethe development is located

For a PIA—

a PIA a local government’s PIA

a PIA in relation to a developmentapplication or a condition of adevelopment approval

the local government’s PIA

For an LGIP—

an LGIP a local government’s LGIP

an LGIP in relation to adevelopment application or acondition of a developmentapproval

the local government’s LGIP

Column 1 Column 2

[s 303]


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303 Delegation

A Minister may delegate the Minister’s functions under thisAct to—

(a) an appropriately qualified public service officer; or

(b) another Minister.

304 Approved forms

The chief executive may approve forms for use under this Act.

305 Guideline-making power

(1) The Minister or chief executive may make guidelines about—

(a) the matters that a person must consider whenperforming a function or exercising a power under thisAct; and

Example—

the matters that the chief executive must consider whenpreparing a notice about the making or amending a planningscheme

(b) another matter the Minister or chief executive considersappropriate for the administration of this Act.

(2) The Minister or chief executive must consult with the personsor entities the Minister or chief executive considersappropriate, before making a guideline.

(3) The Minister or chief executive must notify the making of aguideline by a notice published in the gazette.

(4) The guideline starts to have effect on the day after the notice ispublished.

306 Regulation-making power

(1) The Governor in Council may make regulations under thisAct.

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[s 307]

Planning Act 2015Chapter 8 Transitional provisions and repeal


(2) For example, a regulation may—

(a) prescribe a minor change of use that is not a materialchange of use; or

(b) provide for how local governments may approve plansfor reconfiguring a lot (like plans of subdivision underthe Land Title Act); or

(c) prescribe fees payable under this Act; or

(d) impose a penalty for contravention of a provision of aregulation of no more than 20 penalty units.

Chapter 8 Transitional provisions and repeal




(1) This part is about the transition from the repealed SustainablePlanning Act 2009 (the old Act) to this Act.

(2) If this part applies a provision (the applied provision) of theold Act to a thing, the following provisions also apply to thething—

(a) any other provision of the old Act, to the extent theapplied provision refers to the other provision;

[s 308]

Planning Act 2015Chapter 8 Transitional provisions and repealPart 1 Transitional provisions for repeal of Sustainable Planning Act 2009

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(b) any definition in the old Act that is used in the appliedprovision or a provision mentioned in paragraph (a).

(3) Division 2 applies subject to the other divisions of this part.

Division 2 General provisions

308 Documents

(1) This section applies to a document that is in effect when theold Act is repealed.

(2) The document continues to have effect according to the termsand conditions of the document, even if the terms andconditions could not be imposed under this Act.

(3) This Act applies to the document as if the document had beenmade under this Act.

(4) To remove any doubt, it is declared that the document tookeffect or was made, given or received when the document wasmade, given or received under the old Act.

(5) The name of the document does not change unless subsection(6) applies to the document.

(6) If a document mentioned in column 1 of the following table isin effect when the old Act is repealed, the document is takento be the document mentioned in column 2 of the table.

Column 1Old name

Column 2New name

a compliance certificate for a subdivision plan given under the repealed Sustainable Planning Regulation 2009, schedule 19

an approval made under section 306(2)(b)

a compliance permit a development permit

a designation of land for community infrastructure

a designation

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[s 308]




document—

(a) includes—

(i) an agreement (like an infrastructure agreement orbreakup agreement); and

(ii) an instrument of appointment (like theappointment of a referee, the registrar or a regionalplanning committee); and

(iii) an approval (like a development approval orpreliminary approval); and

(iv) a certificate (like a planning and developmentcertificate); and

(v) a delegation; and

(vi) a direction; and

(vii) an exemption; and

(viii)a notice (like a call in notice, enforcement notice,infrastructure charges notice or show causenotice); and

(ix) a notation; and

(x) a notification (like a public notification); and

(xi) an order (like an enforcement order); and

(xii) a planning instrument (like a State planning policy,regional plan, planning scheme, planning schemepolicy, or temporary local planning instrument);and

a preliminary approval given under the old Act, section 242

a variation approval

a referral agency’s response mentioned in the old Act, section 271(1)

a response under section 55

[s 309]


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(xiii)a resolution (like a charges resolution); but

(b) does not include—

(i) an instrument that is specifically dealt with underthis part, including under section 309 or 313; or

(ii) a guideline made by the Minister or chiefexecutive; or

(iii) a regulation.

309 Statutory instruments

(1) This section applies if a process for making or amending astatutory instrument had started under the old Act but had notended before that Act was repealed.

(2) The old Act continues to apply to the making or amending ofthe statutory instrument.

(3) This Act applies to the statutory instrument as made oramended when the process has ended, as if the statutoryinstrument had been made under this Act.

(4) The statutory instrument has effect according to the terms andconditions of the statutory instrument, even if the terms andconditions could not be imposed on the statutory instrumentunder this Act.

(5) To remove any doubt, it is declared that the statutoryinstrument took effect or was made when the statutoryinstrument was made under the old Act.

(6) A regulation may identify a statutory instrument as a statutoryinstrument to which this section applies.

310 Applications generally

(1) This section applies to an application (however described) thatwas made under the old Act but was not decided before thatAct was repealed.

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[s 311]



(2) The old Act continues to apply to the following instead of thisAct—

(a) the application;

(b) any appeal in relation to the application;

(c) any negotiated decision notice in relation to theapplication.

(3) However, section 300 of this Act applies instead of section259 of the old Act (which is about giving noticeselectronically).

(4) To remove any doubt, it is declared that any instrument thatresults from the application—

(a) took effect or was made when the instrument was madeunder the old Act; but

(b) is taken to have been made under this Act, even if thattype of instrument can not be made under this Act.

(5) However, if a compliance permit results from the application,sections 341 and 409(2) of the old Act (which are about whena development approval lapses) apply to the permit instead ofsection 83 of this Act.


application—

(a) includes a request; but

(b) does not include a claim for compensation to whichsection 315 applies.

311 References to the old Act or provisions of the old Act

(1) This section applies to a reference in another Act or adocument.

(2) If the context allows—

(a) a reference to the old Act is a reference to this Act; and

[s 311]


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(b) a reference to a provision of the old Act is a reference tothe provision of this Act that corresponds, or mostclosely corresponds, to the provision of the old Act; and

(c) a reference to the person or thing in column 1 of thefollowing table is a reference to the person or thing incolumn 2 of the table.

Column 1

Old name

Column 2

New name

a designation of land for community infrastructure

a designation

a preliminary approval given under the old Act, section 242

a variation approval

a compliance permit a development permit

a compliance certificate for a subdivision plan given under the repealed Sustainable Planning Regulation 2009, schedule 19

an approval made under section 306(2)(b)

a notice about a superseded scheme request

a notice of a local government’s decision about a request given under section 26(7) or taken to have been given under section 26(8)

exempt development accepted development

self-assessable development, tothe extent the developmentcomplies with all applicable codesfor the self-assessabledevelopment

accepted development

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[s 311]



self-assessable development, tothe extent the development doesnot comply with all applicablecodes for the self-assessabledevelopment

assessable development

a code, or other matter, againstwhich assessable developmentmust be assessed

an assessment benchmark

compliance assessment [standard/code?] assessment

code assessment [standard/code?] assessment

impact assessment [merit/impact?] assessment

Column 1

Old name

Column 2

New name

[s 312]


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312 Lawful uses of premises

To the extent an existing use of premises is lawful when theold Act is repealed, the use is taken to be a lawful use whenthis section commences.

313 State planning regulatory and standard planning scheme provisions

The following instruments made under the old Act stophaving effect when this section commences—

(a) the State planning regulatory provisions;

(b) the standard planning scheme provisions.

Your views are welcome about the arrangements for transitioningassessments by local governments using local planning instruments fromthe Sustainable Planning Act 2009 to the Bill. These assessments wouldinclude all assessments for development made assessable under localplanning instruments, and assessments carried out by local governmentsfor development made assessable under the regulation (such as forreconfiguring a lot).

Merit assessment rules and processes under the Bill are very similar toimpact assessment rules and processes under the old Act. So, a transitionfrom impact assessment to merit/impact assessment under this sectionshould be relatively straightforward.

Section 56 includes options for decision rules for standard/codeassessment. These options are intended to provide for some flexibility tobalance competing or conflicting assessment benchmarks, or conflictsbetween referral responses and assessment benchmarks, but unlike meritassessment do not provide for assessment against, or having regard to,matters not prescribed under a regulation.

Your views are welcome regarding whether all code assessments underthe old Act are suitable to transition immediately to standard/codeassessments under this section, or whether transitional arrangementssuch as interim assessment and decision rules would be desirable.

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[s 314]



314 Declaration for certain continued provisions

It is declared that the Interpretation Act, section 20A appliesto the following provisions of the old Act—

(a) section 714 (which is about a local government taking orpurchasing land);

(b) section 850 (which is about conditions attaching toland);

(c) section 859 (which is about the Local Government(Robina Central Planning Agreement) Act 1992);

(d) section 861 (which is about orders in council relating toparticular land);

(e) section 888 (which is about development applicationsmade under the repealed Planning (UrbanEncroachment—Milton Brewery) Act 2009);

(f) section 958 (which is about enforcement by new localgovernments);

(g) section 959I (which is about existing land transferagreements or requirements);

(h) section 970 (which is about making a payment under anenvironmental offset condition).

Note—

This section removes any doubt that the effect of those provisions doesnot end just because the old Act is repealed.

Division 3 Planning

315 Compensation claims

(1) This section applies to a person who had a right to make aclaim for compensation under the old Act.

(2) If the person makes a claim for compensation before the oldAct is repealed, the old Act continues to apply to—

[s 316]


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(a) the claim; and

(b) any appeal in relation to the claim.

(3) If the person wants to make a claim for compensation after theold Act is repealed—

(a) section 708 of the old Act continues to apply to theclaim in relation to the time within which the claim mustbe made; but

(b) this Act, other than section 28(6), applies to—

(i) the claim; and

(ii) any appeal in relation to the claim.

Division 4 Development assessment

316 Categorising development under designations


(a) a designation of land for community infrastructure is inforce when the old Act is repealed; and

(b) development under the designation is to be carried outafter this section commences.

(2) The development is categorised as follows, instead of the waystated in section 42(6)—

(a) for development that was categorised as assessabledevelopment by a local categorising instrument madeunder the old Act—accepted development;

(b) to the extent the development involves reconfiguring alot—accepted development;

(c) otherwise—the category of development stated underthe old Act.

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[s 317]



317 Water infrastructure applications


(a) a development approval was given before 1 July 2014;and

(b) one or more of the following applications (a newapplication) is made, after this section commences, inrelation to the development approval—

(i) a development application;

(ii) a change application;

(iii) an extension application.

(2) To the extent the new application relates to adistributor-retailer’s water infrastructure, thedistributor-retailer is—

(a) if the new application is a change application for aminor change—an affected entity; or

(b) for any other new application—a referral agency.

(3) However, if, before 1 July 2014, the distributor-retailerdelegated its functions as concurrence agency under the oldAct to a participating local government, the localgovernment—

(a) for a change application for a minor change—anaffected entity; or

(b) for any other new application—a referral agency.

(4) Section 755D of the old Act, as in force just before 1 July2014, applies to the new application as if—

(a) for a change application—that section referred to theresponsible entity instead of to the ‘assessmentmanager’; and

(b) a reference in that section to sections 313(2) and 314(2)were instead a reference to—

(i) for a change application for a minorchange—section 79(2) of this Act; or

[s 318]


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(ii) for any other change application or a developmentapplication—section 43(3)(a) and (4)(a)(i) of thisAct; or

(iii) for an extension application—a relevant matterunder section 85(1) of this Act.

(5) Section 755U of the old Act, as in force just before 1 July2014, applies to the new application as if that section referredto—

(a) the new application, instead of to ‘a developmentapplication (distributor-retailer)’; and

(b) a notice of appeal under the P&E Court Act, instead ofto ‘a notice of appeal under section 482’.

318 Development approvals and compliance permits

(1) Section 83 of this Act does not apply to a developmentapproval or compliance permit given under the old Act.

(2) Instead—

(a) section 341 of the old Act (which is about when adevelopment approval lapses) applies to thedevelopment approval; and

(b) section 409(2) of the old Act (which is about when acompliance permit lapses) applies to the compliancepermit.

(3) For a development approval to which section 944A of the oldAct applied—

(a) the chief executive becomes—

(i) if the relevant entity mentioned in that section wasthe assessment manager—the assessment manager;or

(ii) if the relevant entity mentioned in that section wasa concurrence agency—a referral agency; and

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[s 319]



(b) if the relevant entity mentioned in that section, as aconcurrence agency, imposed a condition of theapproval—the chief executive is taken to have imposedthe condition.

(4) For any other development approval, the person who was theassessment manager or a referral agency for the developmentapplication for the approval continues as the assessmentmanager or referral agency for this Act.

319 Change applications for designated infrastructure

For a development approval for infrastructure that wasdesignated before this section commences, only the personwho intends to supply, or is supplying, the infrastructure maymake a change application in relation to the approval.

Division 5 Infrastructure

320 Infrastructure charges notices

(1) The old Act applies to the following notices given by a localgovernment or distributor-retailer that are in force when theold Act is repealed—

(a) an infrastructure charges notice given before 4 July2014;

(b) a negotiated infrastructure charges notice;

(c) an adopted infrastructure charges notice;

(d) a negotiated adopted infrastructure charges notice;

(e) a regulated infrastructure charges notice;

(f) a negotiated regulated infrastructure charges notice.

(2) However, if the notice relates to a development approval thatis changed or extended before or after the old Act is repealed,this Act, other than section 135, applies to amending thenotice.

[s 321]


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(3) Subsection (2) does not apply to a notice given by adistributor-retailer.

321 Levied charges

(1) The old Act continues to apply to the following charges,including any offset, refund or repayment that applied to thecharge—

(a) an infrastructure charge payable before 4 July 2014;

(b) a regulated infrastructure charge;

(c) an adopted infrastructure charge.

(2) This Act applies to a levied charge that was levied under theold Act after 3 July 2014, as if the charge had been leviedunder this Act.

(3) To remove any doubt, it is declared that the levied charge waslevied when the levied charge was levied under the old Act.

322 Infrastructure charges

(1) This Act applies to an infrastructure charge adopted under acharges resolution made under the old Act, as if the chargehad been adopted under this Act.

(2) To remove any doubt, it is declared that the infrastructurecharge was adopted when the charges resolution was madeunder the old Act.

323 Infrastructure charges resolutions

(1) This section applies in relation to a local government’splanning scheme that—

(a) did not include a PIP (as defined under the old Act)before 4 July 2014; and

(b) does not include an LGIP when this section commences.

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[s 324]



(2) A charges resolution, whether made before or after thissection commences, may do either or both of the followingdespite sections 111 and 112—

(a) identify development infrastructure as trunkinfrastructure for the local government area;

(b) state the required standard of service, and establishmentcosts, for the trunk infrastructure identified.

(3) The local government may do the following as if the mattersunder subsection (2) were part of an LGIP, despite section109—

(a) adopt charges under section 111;

(b) give an infrastructure charges notice under section 117;

(c) impose conditions about trunk infrastructure undersection 126 or 128.

(4) This section stops having effect on the earlier of the followingdays—

(a) the day the local government—

(i) amends the planning scheme to include an LGIP;or

(ii) adopts a new planning scheme that includes anLGIP;

(b) 1 July 2018.

324 Infrastructure charges in declared master plan area

(1) A local government’s charges resolution may state whether aninfrastructure charge may be levied for development in adeclared master planned area of the local government.

(2) If the local government’s charges resolution does not do so,the local government must not levy an infrastructure chargefor development in the declared master planned area.

[s 325]


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325 Infrastructure conditions

(1) This section applies to a development approval, in force whenthe old Act is repealed, that is subject to a condition imposedunder section 848(2)(c) of the old Act.

(2) Section 848(3) to (5) of the old Act continues to apply to thedevelopment approval.

326 Infrastructure conditions—change or extension approval

(1) This section applies to a development approval, in force whenthe old Act is repealed, that is subject to a condition imposedunder section 848(2)(c) of the old Act.

(2) This Act, other than section 118(3)(a) and (b), applies to thegiving of an infrastructure charges notice in relation to—

(a) a change approval given in relation to the developmentapproval; or

(b) an extension approval given in relation to thedevelopment approval.

(3) A distributor-retailer may give an infrastructure charges noticeunder the SEQ Water Act, chapter 4C, in relation to thechange approval or extension approval as if the developmentapproval were a water approval under that Act.

(4) Chapter 4C of that Act applies to the infrastructure notice—

(a) as if that chapter referred to a change to, or extension of,the development approval instead of to an amendment ofa condition of a water approval; and

(b) with any other necessary changes.

(5) This section applies whether the change approval or extensionapproval (however described) is made before or after thissection commences.

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[s 327]



327 Infrastructure agreements

Section 155(2) does not apply to an infrastructure agreemententered into before 4 July 2014.

Division 6 Enforcement and appeals

328 Committee

When this section commences, a building and developmentdispute resolution committee under the old Act becomes atribunal under this Act.

329 Proceedings

(1) This section applies to a person who had a right to startproceedings, or had started proceedings, for a matter under theold Act.

(2) If proceedings had not been started before the old Act wasrepealed, proceedings may be brought only under this Act.

(3) For proceedings that were started in the P&E Court before theold Act was repealed—

(a) the old Act continues to apply to the proceedings; and

(b) this Act applies to any appeal in relation to theproceedings.

(4) For proceedings that were started in a committee before theold Act was repealed—

(a) if a committee had been established to hear theproceedings before the old Act was repealed—

(i) the old Act continues to apply to the proceedings;and

(ii) this Act applies to any appeal in relation to theproceedings; or

[s 330]


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(b) if a committee had not been established before the oldAct was repealed—this Act applies to the proceedings,and any appeal in relation to the proceedings.

(5) A committee mentioned in subsection (4)(a) must continue tohear the proceedings despite the repeal of the old Act.

Division 7 Miscellaneous

330 Structure plans

(1) To remove any doubt, it is declared that each structure planmade by the Sunshine Coast Regional Council stopped havingeffect on 21 May 2014.

(2) A structure plan made by the Gold Coast City Council orRedland City Council stops having effect when a planningscheme mentioned in subsection (3) is made.

(3) The Gold Coast City Council or Redland City Council maymake a planning scheme in relation to a declared masterplanned area under the old Act after the Minister notifies thecouncil that the Minister considers the planning scheme—

(a) is consistent with the strategic intent of the structureplan for the declared master planned area; and

(b) does not affect the development entitlements ordevelopment responsibilities, in the structure plan, in anadverse and material way.

(4) The Cairns Regional Council or Moreton Bay RegionalCouncil may make a planning scheme in relation to a declaredmaster planned area under the old Act after the Ministernotifies the council that the Minister considers the planningscheme addresses the matters in section 761A(4) of the oldAct.

(5) An agreement (a funding agreement) to fund the preparationof a structure plan under section 143 of the old Act, as that

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[s 331]



Act was in force on 21 September 2012, is not repealed justbecause of the repeal of the old Act.

(6) A local government may apply any funds received under afunding agreement to fulfil the local government’sresponsibilities under subsections (2) or (3), in accordancewith the local government’s policy under section 143(2) of theold Act, as that Act was in force on 21 September 2012.


structure plan means a structure plan made under the old Act,chapter 4, as in force just before Sustainable Planning andOther Legislation Amendment Act (No. 2) 2012 commenced.

331 Master plans

(1) This section applies to a master plan that is in force when theold Act is repealed.

(2) The master plan continues to have effect until the time statedin section 907(a) or (b) of the old Act.

(3) The following provisions of this Act apply to the master planas if the master plan were a local planning instrument—

(a) section 7(4)(a) and (b);

(b) section 33(5)(a);

(c) section 284(1)(a);

(d) section 285;

(e) section 291.

(4) Any provision of this Act that relates to a categorisinginstrument applies to the master plan as if the master planwere a local categorising instrument.

(5) The following provisions of this Act apply to the master planas if the master plan were a development approval for the landin the master planning unit—

(a) section 71;

[s 332]


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(b) section 87;

(c) section 155(1)(a);

(d) section 162;

(e) section 166(4)(b);

(f) section 284(1)(b).

(6) To the extent of any inconsistency, the master plan appliesinstead of—

(a) a local planning instrument; or

(b) a condition decided under the repealed LGP&E Act,section 2.19(3)(a); or

(c) a condition of an approval given under the repealedLGP&E Act, section 4.4(5).

(7) An agreement about the master plan under section 193 of theold Act, as that Act was in force on 21 September 2012, is notrepealed just because of the repeal of the old Act.

(8) A certified copy of the master plan is evidence of the contentof the master plan.

(9) After this section commences, the master plan may beamended or cancelled in accordance with chapter 4, part 3,divisions 3 and 4 of the old Act as in force on 21 November2012.

332 Development control plans

(1) Section 86(4) of the old Act continues to apply to thefollowing development control plans—

(a) the Ipswich City Council’s Springfield Structure Plan;

(b) the Moreton Bay Regional Council’s Mango HillInfrastructure Development Control Plan;

(c) the Sunshine Coast Regional Council’s DevelopmentControl Plan 1 Kawana Waters.

(2) Section 857 of the old Act—

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[s 333]



(a) continues to apply to a development control planmentioned in section 857(1) of the old Act until the planis applied or adopted under section 86(4) of the old Act;and

(b) applies to a development control plan applied or adoptedunder section 86(4) of the old Act, whether before orafter this section commences.

(3) However, section 857 of the old Act is to be read as if—

(a) section 857(6) referred to this Act as well as to the‘repealed IPA and this Act’; and

(b) section 857(7) referred to chapter 3 of this Act, or aninstrument made under section 16A of this Act, insteadof to ‘chapter 6 or a guideline made under section117(1)’; and

(c) section 857(8) and (9) referred to a planning schemeunder this Act as well as to a ‘transitional planningscheme’; and

(d) section 857(10) referred to a planning scheme policyunder this Act as well as to a ‘transitional planningscheme policy’.

(4) The Minister’s powers under chapter 3, part 7 of this Actapply to a process under section 857(5) of the old Act as if—

(a) the process were the development assessment process;and

(b) the local government were the assessment manager forthe development assessment process.

333 Rezoning approval conditions

(1) This section applies to the following conditions (a rezoningcondition)—

(a) a condition decided under the repealed LGP&E Act,section 2.19(3)(a);

[s 334]


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(b) a condition of an approval given under the repealedLGP&E Act, section 4.4(5).

(2) If a person wants to change a rezoning condition, the personmust make a change application under this Act.

(3) A development approval applies instead of a rezoningcondition, to the extent of any inconsistency.

334 Rezoning approval agreements

(1) This section applies to an agreement made, before this sectioncommences, for securing the conditions of a rezoningapproval if the conditions did not attach to the land that is thesubject of the approval and bind successors in title.

(2) Nothing in this Act, or the repealed planning legislation,affects the agreement, to the extent the agreement—

(a) was validly made; and

(b) was in force when the old Act was repealed; and

(c) is not inconsistent with a development condition.

(3) Any amount that was paid, or is payable, in relation toinfrastructure under the agreement must be taken into accountby—

(a) an assessment manager in imposing a condition underthis Act about infrastructure; and

(b) a local government in levying an infrastructure chargeunder chapter 4, part 2.


repealed planning legislation means—

(a) the repealed Local Government Act 1936; or

(b) the repealed City of Brisbane Town Planning Act 1964;or

(c) the repealed LGP&E Act; or

(d) the repealed Integrated Planning Act 1997; or

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[s 335]



(e) the old Act.

rezoning approval means an approval decided or givenunder—

(a) the repealed Local Government Act 1936, section33(6A); or

(b) the repealed City of Brisbane Town Planning Act 1964;or

(c) the repealed LGP&E Act, section 6.1.26.

335 Compliance assessment of documents or works

(1) This section applies to—

(a) a document or works if, when the old Act was repealed,a development approval or local planning instrumentrequired compliance assessment for the document orworks; and

(b) a compliance certificate given under the old Act for adocument or works.

(2) The following provisions of the old Act continue to apply inrelation to the document, works or certificate—

(a) chapter 6, part 10;

(b) sections 576 to 577;

(c) chapter 7, part 1, division 9;

(d) chapter 7, to the extent the chapter gives effect to theprovisions mentioned in paragraphs (b) and (c).

336 Public housing development

(1) This section applies to development for public housing if,before this section commences, the chief executive hascomplied with section 721(2)(a) of the old Act in relation tothe development.

V04A_B15_0047__.fm — September 10, 2015 12:25 pm

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(2) Chapter 9, part 5 of the old Act continues to apply to thedevelopment.

337 LGP&E Act approvals

For section 162 (which contains the offence for contraveninga development approval), a development approval includes anapproval under the repealed LGP&E Act, section 4.4(5) or4.7(5).

338 Milton XXXX Brewery

(1) This section applies to the brewery on lot 35 on planSL805565.

(2) The brewery is taken to be registered under section 289 from27 April 2009 until 26 April 2019.

(3) The Milton rail precinct is the affected area to which theregistration relates.

(4) Section 291(3) to (8) applies to the brewery only for a renewalof the registration.

(5) Section 296 applies to a claim relating to an emission of lightonly if the intensity of the light is more than the intensity oflight emitted before 27 April 2009.

(6) Section 291(2), and section 250, do not apply in relation to thebrewery.

339 Transitional regulation-making power

(1) The Governor in Council may make a regulation (atransitional regulation) providing for anything that isnecessary to enable or facilitate the transition from the old Actto this Act and the P&E Court Act.

(2) A transitional regulation may have retrospective operation to atime that is no earlier than when the old Act was repealed.

(3) A transitional regulation must declare it is a transitionalregulation.

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(4) This section and any transitional regulation stop having effect5 years after the old Act was repealed.


340 Act repealed

The Sustainable Planning Act 2009, No. 36 is repealed.

Schedule 1

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Schedule 1 Dictionary

section 4

accepted development see section 42(4).

Acquisition Act means the Acquisition of Land Act 1967.

acquisition land means land or an interest in land—

(a) proposed to be taken or acquired under the AcquisitionAct or the State Development Act; and

(b) for which a notice of intention to resume under theAcquisition Act has been served, and the proposedtaking or acquisition has not been discontinued; and

(c) that has not been taken or acquired.

adopted charge see section 111(1).

adverse planning change see section 27(2).

advice agency means a referral agency that only has power togive advice.

affected area see section 288(b).

affected area development application is a developmentapplication for a material change of use of premises orreconfiguring a lot in an affected area, other than anapplication prescribed by regulation.

affected entity see section 78(2).

affected local government means a local government with alocal government area that the Minister considers is, or willbe, affected by a State planning instrument.

affected owner see section 28(1).

affected parties, in relation to a designation, means—

(a) each owner of premises to which the designation willapply; and

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Planning Act 2015

(b) if the designator is the Minister—each local governmentthat the Minister considers will be affected by thedesignation.

agreement means a written agreement.

appeal period, for a decision or matter, see section 228(2).

appeal rights means the appeal rights under chapter 6, part 2.

appellant means a person who starts an appeal.

applicant, for an appeal in relation to an application, includesthe person in whom the benefit of the application vests.

Note—

For the meanings of applicant used in particular contexts, see section301.

application, for chapter 3, part 7, see section 88(1).

approved form means a form that—

(a) for a form for use in the P&E Court—is an approvedform under the P&E Court Act; or

(b) otherwise—the chief executive approves under section304.

assessable development see section 42(3).

assessment benchmarks see section 41(1)(c).

assessment manager—

(a) has the meaning given in section 46(1); and

(b) includes a prescribed assessment manager and a chosenassessment manager.

authorised electricity entity means an entity authorised, ortaken to be authorised, under the Electricity Act 1994, section116(1), to acquire land.

automatic increase provision see section 112(3)(b).

breakup agreement see section 113(2).

building means a fixed structure that is wholly or partlyenclosed by walls and is roofed, and includes a floatingbuilding and any part of a building.

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Building Act means the Building Act 1975.

building advisory agency, for a provision about adevelopment application or approval, means an advice agencyfor the application if the application required [standard/code?]assessment for building work against the building assessmentprovisions.

building assessment provisions see the Building Act, section30.

building certifier—

(a) means an individual who, under the Building Act, islicensed as a building certifier; and

(b) includes a private certifier.

Building Code means the parts of the National ConstructionCode that form the Building Code of Australia (including theQueensland Appendix), published by the Australian BuildingCodes Board, as amended from time to time by amendmentspublished by the board.

building development application means a developmentapplication for building work that requires assessment onlyagainst the building assessment provisions.

building work—

(a) means—

(i) building, repairing, altering, underpinning(whether by vertical or lateral support), moving ordemolishing a building or other structure; or

(ii) works regulated under the building assessmentprovisions; or

(iii) excavating or filling for, or incidental to, theactivities mentioned in subparagraph (i); or

(iv) excavating or filling that may adversely affect thestability of a building or other structure, whetheron the premises on which the building or otherstructure is situated or on adjoining premises; or

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Planning Act 2015

(v) supporting (vertically or laterally) premises foractivities mentioned in subparagraph (i); and

(b) for a Queensland heritage place, includes—

(i) altering, repairing, maintaining or moving a built,natural or landscape feature on the place; and

(ii) excavating, filling or other disturbances topremises that damage, expose or movearchaeological artefacts, as defined under theHeritage Act, on the place; and

(iii) altering, repairing or removing artefacts thatcontribute to the place’s cultural heritagesignificance (like furniture and fittings); and

(iv) altering, repairing or removing building finishesthat contribute to the place’s cultural heritagesignificance (like paint, wallpaper and plaster); and

(c) does not include undertaking—

(i) operations of any kind and all things constructed orinstalled that allow taking or interfering with waterunder the Water Act 2000; or

(ii) tidal works; or

(iii) works for reconfiguring a lot; and

Example—

building a retaining wall

(d) for paragraph (a)(ii)—includes a management procedureor other activity relating to a building or structure eventhough the activity does not involve a structural changeto the building or structure.

business day does not include a day between 26 December ofa year and 1 January of the next year.

call in notice see section 100(1).

canal see the Coastal Act.

cancellation application see section 82(1).

categorised means categorised by a categorising instrument.

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categorising instrument see section 41(1).

certified copy, of a document, means a copy of the documentcertified as being an unaltered copy of the document by—

(a) if the Minister is an assessment manager or referralagency in relation to the document—the chief executiveof any department for which the Minister hasresponsibility; or

(b) if the chief executive is an assessment manager orreferral agency in relation to the document—anappropriately qualified public service officer; or

(c) if a local government is an assessment manager orreferral agency in relation to the document—the localgovernment’s chief executive officer; or

(d) if an individual is an assessment manager or referralagency in relation to the document—the individual; or

(e) if a department is an assessment manager or referralagency in relation to the document—the department’schief executive; or

(f) if a body corporate is an assessment manager or referralagency in relation to the document—the bodycorporate’s chief executive officer.

chairperson, for tribunal proceedings, means the chairpersonof the tribunal established for the proceedings.

change an instrument means amend, replace or repeal theinstrument.

change application see section 76(1).

change representations see section 73(1).

charges breakup means the proportion of the maximumadopted charges under chapter 4 and under the SEQ Water Actas between—

(a) the local government; and

(b) a distributor-retailer of the local government.

charges resolution see section 111(1).

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chosen assessment manager means the assessment managerchosen under section 46(3).

City of Brisbane Act means the City of Brisbane Act 2010.

classified building means a building classified under theBuilding Code as—

(a) a class 1 building; or

(b) a class 10 building, other than a building that isincidental or subordinate to the use, or proposed use, ofa building classified under the Building Code as a class2, 3, 4, 5, 6, 7, 8 or 9 building.

clear, in relation to vegetation, see the VegetationManagement Act 1999.

Coastal Act means the Coastal Protection and ManagementAct 1995.

code of environmental compliance see the EnvironmentalProtection Act, section 676.

compensation claim means a claim for compensation undersection 28(6).

concurrence agency means a referral agency that is not anadvice agency.

consent means written consent.

constructing authority see the Acquisition Act.

conversion application see section 137(2).

cultural heritage significance see the Queensland HeritageAct 1992.

currency period see section 83(1).

decision maker see section 88(2).

decision notice, about a decision, means a notice that states—

(a) the decision; and

(b) if the decision is to refuse the application or requestwholly or partly—the reasons for refusing theapplication or request; and

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(c) the day on which the decision was made; and

(d) any appeal rights that the recipient of the notice has inrelation to the decision.

deemed approval see section 62(5).

deemed approval notice see section 62(3).

deemed refusal, means a refusal that is taken to havehappened if a decision has not been made when the followingends—

(a) for a development application—the period, under thedevelopment assessment rules, for making a decision;

(b) for a matter as follows—within the period allowedunder this Act for the matter to be decided—

(i) a change application;

(ii) an extension application;

(iii) a conversion application;

(iv) a claim for compensation under chapter 2, part 4,division 2.

designated class 2 building means a building classified underthe Building Code as a class 2 building of no more than—

(a) 3 storeys; and

(b) 60 sole-occupancy units.

designated premises means premises that are the subject of adesignation.

designation see section 32(1).

designator see section 32(1).

development means—

(a) carrying out—

(i) building work; or

(ii) plumbing or drainage work; or

(iii) operational work; or

(b) reconfiguring a lot; or

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(c) making a material change of use of premises.

development application means an application for adevelopment approval.

development approval see section 47(1).

development assessment process means the process foradministering development applications.

development assessment rules see section 66(1).

development assessment system see section 3(3)(f).

development condition means a condition that a developmentapproval is subject to, including a condition—

(a) the assessment manager imposes under section 58; or

(b) directed to be imposed under section 54 or 93(1)(d); or

(c) taken to have been imposed under section 62.

Note—

Also see the Environmental Offsets Act, section 16 which provides fordeemed conditions on development approvals.

development infrastructure means—

(a) land or works, or both land and works, for—

(i) water cycle management infrastructure, includinginfrastructure for water supply, sewerage,collecting water, treating water, stream managing,disposing of waters and flood mitigation, but notwater cycle management infrastructure that is Stateinfrastructure; or

(ii) transport infrastructure, including roads, vehiclelay-bys, traffic control devices, dedicated publictransport corridors, public parking facilitiespredominantly serving a local area, cycle ways,pathways and ferry terminals; or

(iii) public parks infrastructure, including playgroundequipment, playing fields, courts and picnicfacilities; or

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(b) land, and works that ensure the land is suitable fordevelopment, for local community facilities, like—

(i) community halls or centres; or

(ii) public recreation centres; or

(iii) public libraries.

development offence see section 159.

development permit see section 47(3).

direction means a written direction.

disposal order see section 212(2).

distributor-retailer see the SEQ Water Act, section 8.

document includes information.

drainage work see the Plumbing and Drainage Act.

electronic document means a document of a type under theActs Interpretation Act 1954, schedule 1, definition document,paragraph (c).

eligible advice agency, for a development application, meansan advice agency that—

(a) has told the assessment manager to treat the agency’sresponse as a properly made submission; and

(b) has not given a notice stating the agency will not beappealing before the appeal period ends for theapplication.

eligible submitter, for a development application, means asubmitter—

(a) whose submission was not withdrawn before theapplication was decided; and

(b) who has not given a notice stating the submitter will notbe appealing before the appeal period ends for theapplication.

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emissions means emissions of aerosols, fumes, light, noise,odour, particles or smoke.

enforcement authority means—

(a) for assessable development that is the subject of adevelopment approval—

(i) the assessment manager, including a chosenassessment manager; or

(ii) a referral agency for matters within the agency’sfunctions for the development application; or

(iii) if the chief executive is the assessment manager ora referral agency—a person that the chief executivenominates; or

(iv) if a private certifier (class A) performed privatecertifying functions for the developmentapplication, under the Building Act, chapter 6—thecertifier or the local government; or

(b) for assessable development that is not the subject of adevelopment approval—the person who would havebeen the enforcement authority under paragraph (a) hada development approval been given; or

(c) for building or plumbing work carried out by or for apublic sector entity—the chief executive, howeverdescribed, of the entity; or

(d) for any other matter—the local government.

enforcement notice see section 166(2).

enforcement order—

(a) for an enforcement order made by the MagistratesCourt—see section 174; or

(b) for an enforcement order made by the P&E Court—seesection 178.

environment see the Environmental Protection Act, section 8.

environmental nuisance see the Environmental ProtectionAct, section 15.

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Environmental Offsets Act means the Environmental OffsetsAct 2014.

Environmental Protection Act means the EnvironmentalProtection Act 1994.

establishment cost, for trunk infrastructure, means—

(a) for existing infrastructure—

(i) the current replacement cost of the infrastructure asreflected in the relevant local government’s assetregister; and

(ii) the current value of the land acquired for theinfrastructure; or

(b) for future infrastructure—all costs of land acquisition,financing, and design and construction, for theinfrastructure.

examine includes analyse, test, account, measure, weigh,grade, gauge and identify.

excluded premises means premises that—

(a) generally—

(i) are a servient tenement for an easement, and thedevelopment is not inconsistent with theeasement’s terms; or

(ii) are acquisition land, and the application relates tothe purpose for which the land, or an interest in theland, is to be taken or acquired; or

(b) for a change application or extension application—

(i) the development approval is for building work forsupplying infrastructure on designated premises; or

(ii) the responsible entity considers the change doesnot materially affect any of the owners’ premisesand that considering the nature of the change, theowner has unreasonably withheld consent; or

(iii) the responsible entity considers the change doesnot materially affect any of the owners’ premises

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and that because of the number of owners, it isimpracticable to get their consent.

Example of when owners’ consent may be impracticable—

Since the development approval was given, the premiseshave been subdivided and now has many owners.

executive officer, of a corporation, means a person who isconcerned with or takes part in the management of thecorporation, whether or not the person is a director or theperson’s position is given the title of executive officer.

extension application see section 84(1).

extra payment condition see section 128(1).

finds a defendant guilty includes accept a plea of guilty,whether or not a conviction is recorded.

former owner see section 210(4).

Heritage Act means the Queensland Heritage Act 1992.

identity card means an identity card issued under section182(1).

information includes information contained in a document.

information request, in relation to an application, means anotice that asks the applicant for further information inrelation to the application.

infrastructure does not include land, facilities, services orworks for an environmental offset.

infrastructure agreement see section 148.

infrastructure charges notice means—

(a) if an infrastructure charges notice is replaced by anegotiated notice under section 123(3)—the negotiatednotice; or

(b) if an infrastructure charges notice is amended undersection 117(6), 135(4) or 140(4)(b)—the notice asamended; or

(c) otherwise—an infrastructure charges notice given undersection 117(2) or (5) or 140(4)(a).

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inspector means a person who holds office as an inspectorunder chapter 6, part 6.

interim enforcement order see section 178(4).

Interpretation Act means the Acts Interpretation Act 1954.

land includes—

(a) any estate in, on, over or under land; and

(b) the airspace above the land and any estate in theairspace; and

(c) the subsoil of land and any estate in the subsoil.

Land Act means the Land Act 1994.

Land Title Act means the Land Title Act 1994.

lawful use, of premises, means a use of premises that is anatural and ordinary consequence of making a materialchange of use of the premises in compliance with this Act.

levied charge see section 117(12).

LGIP see local government infrastructure plan.

local categorising instrument see section 41(2).

Local Government Act means the Local Government Act2009.

local government infrastructure plan means the part of alocal government’s planning scheme that—

(a) has been prepared under a guideline made by theMinister and adopted by regulation; and

(b) does any or all of the following—

(i) identifies the PIA;

(ii) states assumptions about population andemployment growth;

(iii) states assumptions about the type, scale, locationand timing of future development;

(iv) includes plans for trunk infrastructure;

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(v) states the desired standard of service fordevelopment infrastructure.

local government road means a road under the control of alocal government.

local heritage place see the Heritage Act.

local planning instrument see section 7(3).

lot means—

(a) a lot under the Land Title Act; or

(b) a separate, distinct parcel of land for which an interest isrecorded in a register under the Land Act; or

(c) common property for a community titles scheme underthe Body Corporate and Community Management Act1997; or

(d) a lot or common property to which the Building Unitsand Group Titles Act 1980 continues to apply; or

(e) a community or precinct thoroughfare under the MixedUse Development Act 1993; or

(f) a primary or secondary thoroughfare under theIntegrated Resort Development Act 1987 or theSanctuary Cove Resort Act 1985.

Note—

The Building Units and Group Titles Act 1980 may continue toapply to the Acts mentioned in paragraphs (e) and (f), theRegistration of Plans (H.S.P. (Nominees) Pty. Limited) EnablingAct 1980 and the Registration of Plans (Stage 2) (H.S.P.(Nominees) Pty. Limited) Enabling Act 1984.

material change of use, of premises, means any of thefollowing that a regulation made under section 306(2)(a) doesnot prescribe to be minor change of use—

(a) the start of a new use of the premises;

(b) the re-establishment on the premises of a use that hasbeen abandoned;

(c) a material increase in the intensity or scale of the use ofthe premises.

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[merit/impact?] assessment see section 43(4).

Milton rail precinct means the area called Milton rail precinctshown on the map in schedule 1 of the repealed Planning(Urban Encroachment—Milton Brewery) Act 2009.

Minister, for chapter 3, part 7, includes the Ministerresponsible for administering the State Development Act.

Ministerial direction means a direction made by the Ministerunder chapter 3, part 7, division 2.

Minister’s rules and guidelines means the rules andguidelines made by the Minister under section 16.

minor change to a development application means a changethat—

(a) does not result in substantially different development;and

(b) does not—

(i) cause the inclusion of prohibited development inthe application; or

(ii) cause referral to a referral agency if there were noreferral agencies for the development application;or

(iii) cause referral to extra referral agencies; or

(iv) cause a referral agency to assess the applicationagainst, or have regard to, extra matters prescribedby regulation; or

(v) cause public notification if public notification wasnot required for the development application.

minor change to a development approval means a changethat—

(a) would not result in substantially different development;and

(b) if a development application for the development,including the change, were made when the changeapplication is made would not—

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(i) cause the inclusion of prohibited development inthe application; or

(ii) cause referral to a referral agency, other than to thechief executive, if there were no referral agenciesfor the development application; or

(iii) cause referral to extra referral agencies, other thanto the chief executive; or

(iv) cause a referral agency to assess the applicationagainst, or have regard to, extra matters prescribedby regulation; or

(v) cause public notification if public notification wasnot required for the development application.

necessary infrastructure condition see section 125(2).

negotiated decision notice see section 74(3).

negotiated notice see section 123(3).

non-port local government area, for a local government,means the local government area, other than any strategic portland in the local government area.

non-rural purposes means purposes that are not ruralpurposes or rural residential purposes.

non-trunk infrastructure means development infrastructurethat is not trunk infrastructure.

notice means a written notice.

occupier, of a place, includes the following—

(a) if there is more than 1 person who apparently occupiesthe place—any 1 of the persons;

(b) any person at the place who is apparently acting with theauthority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—any personwho is an owner of the place.

of, a place, includes at or on the place.

offence proceedings see section 172(2).

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offence warning, for a requirement made by an inspector,means a warning that, without a reasonable excuse, it is anoffence for the person to whom the requirement is made not tocomply with the requirement.

old Act see section 307(1).

operational work means work, other than building work orplumbing or drainage work, in, on, over or under premisesthat materially affects premises or the use of premises.

original assessment manager, for a development applicationthat is called in, means the person who, before the call in, wasthe assessment manager for the application.

owner, of premises, means the person who—

(a) is entitled to receive rent for the premises; or

(b) would be entitled to receive rent for the premises if thepremises were let to a tenant at a rent.

Note—

See the Transport Infrastructure Act, section 247, for when the chiefexecutive of the department in which that Act is administered is taken tobe the owner of particular rail corridor land or non-rail corridor landunder that Act.

owner, of a thing that has been seized, includes a person whowould be entitled to possession of the thing if the thing hadnot been seized.

P&E Court Act means the Planning and Environment CourtAct 2014.

participating local government see the SEQ Water Act.

party, in relation to proceedings in the P&E Court or tribunalproceedings, means any or all of the following—

(a) the applicant or appellant;

(b) the respondent;

(c) any co-respondent;

(d) if the Minister is represented—the Minister.

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payer, for a levied charge or for a payment, means any personwho pays all or part of the charge or payment.

payment includes a contribution by way of a payment.

perform a function includes exercise a power.

person includes a body of persons, whether incorporated orunincorporated.

person in control—

(a) of a vehicle, includes—

(i) the vehicle’s driver or rider; and

(ii) anyone who reasonably appears to be, claims to be,or acts as if he or she is, the vehicle’s driver or rideror the person in control of the vehicle; or

(b) of another thing, includes anyone who reasonablyappears to be, claims to be, or acts as if he or she is, theperson in possession or control of the thing.

PIA see priority infrastructure area.

place includes—

(a) premises; and

(b) a place in Queensland waters; and

(c) a place held—

(i) by more than 1 owner; or

(ii) under more than 1 title.

planning see section 3(2)(a).

planning change, for premises, is the amendment,replacement or repeal of a local planning instrument, otherthan a TLPI, affecting the premises that creates a supersededplanning scheme in relation to the premises.

planning instrument see section 7(1).

planning instrument change means—

(a) the commencement of a planning instrument or theamendment of a planning instrument; or

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(b) the start of the application of an existing planninginstrument to premises.

planning scheme see section 3(3)(c).

planning scheme policy see section 3(3)(e).

Plumbing and Drainage Act means the Plumbing andDrainage Act 2002.

plumbing work see the Plumbing and Drainage Act.

PPI index means—

(a) the producer price index for construction 6427.0 (ABSPPI) index number 3101—Road and Bridgeconstruction index for Queensland published by theAustralian Bureau of Statistics; or

(b) if an index described in paragraph (a) stops beingpublished—another similar index prescribed byregulation.

preliminary approval see section 47(2).

premises means—

(a) a building or other structure; or

(b) land, whether or not a building or other structure is onthe land.

pre-request response notice see section 78(3).

prescribed assessment manager means an assessmentmanager prescribed by regulation under section 46(2).

prescribed tidal works means tidal works of a kind prescribedby regulation.

principal submitter, for a properly made submission,means—

(a) if the submission is by 1 person—the person; or

(b) otherwise—

(i) the submitter that the submission identifies as theprincipal submitter; or

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(ii) if the submission does not identify a submitter asthe principal submitter—the submitter whose namefirst appears in the submission.

priority infrastructure area means an area—

(a) serviced, or intended to be serviced, with developmentinfrastructure networks; and

(b) used, or approved for use, for—

(i) residential purposes, other than rural residentialpurposes; or

(ii) industrial, retail or commercial purposes; or

(iii) community or government purposes related to apurpose mentioned in subparagraph (i) or (ii); and

(c) that will accommodate at least 10, but no more than 15,years of growth for any of those purposes.

private certifier means a building certifier whose licenceunder the Building Act has private certification endorsementunder that Act.

prohibited development see section 42(2).

properly made, for a development application, see section49(5).

properly made, for a submission, means the submission—

(a) is signed by each person (the submission-makers) whomade the submission; and

(b) is received—

(i) for a submission about a designation—on or beforethe last day for making the submission; or

(ii) for a submission about a developmentapplication—during the period for makingsubmissions fixed under the developmentassessment rules; or

(iii) otherwise—during the period fixed under this Actfor making the submission; and

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(c) states the name and residential or business address of allsubmission-makers; and

(d) states its grounds, and the facts and circumstances reliedon to support the grounds; and

(e) states 1 electronic address for service relating to thesubmission for all submission-makers; and

(f) is made to—

(i) for a submission made under chapter 2—theperson to whom the submission is required to bemade under that chapter; or

(ii) for a submission about a developmentapplication—the assessment manager.

provision, of a development approval, means all words orother matters forming, or forming part of, the approval.

Examples—

• a development condition

• a currency period

• the identification or inclusion under a variation approval of a matterfor the development

public place means a place or part of a place—

(a) that the public is entitled to use, is open to members ofthe public or is used by the public, whether or not onpayment of money (like a beach, park or road); or

(b) if the occupier of the place allows members of the publicto enter the place, whether or not on payment of money(like a sale yard or show ground); or

(c) that is a public place under another Act.public notice means a notice that is published—

(a) for a public notice mentioned in chapter 2, part 2—

(i) in the gazette; and

(ii) if the notice is about a State planning instrument oramendment that has, is to have, or had effect in a

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part of the State only—in a newspaper circulatinggenerally in the part of the State; and

(iii) if the notice is about a State planning instrumentthat has, is to have, or had effect throughout theState—in a newspaper circulating generally in theState; and

(iv) on the department’s website; or

(b) for a public notice mentioned in chapter 2, part 3 that isabout a proposed local planning instrument—

(i) in a newspaper circulating in the local governmentarea; and

(ii) on the local government’s website; or

(c) for a public notice mentioned in chapter 2, part 3 that isabout a local planning instrument that is not a proposedlocal planning instrument—

(i) in the gazette; and

(ii) in a newspaper circulating in the local governmentarea; and

(iii) on the local government’s website.

public purpose change see section 27(3).

public sector entity means—

(a) a department or part of a department; or

(b) other than in chapter 4—a distributor-retailer; or

(c) an agency, authority, commission, committee,corporation, instrumentality, office, or other entity,established under an Act for a public or State purpose.

Examples for paragraph (c)—

a local government, a government owned corporation or a railgovernment entity under the Transport Infrastructure Act

qualifications or experience includes qualifications andexperience.

Queensland heritage place see the Heritage Act.

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rates means rates within the meaning of—

(a) for Brisbane—the City of Brisbane Act; or

(b) otherwise—the Local Government Act.

reasonably believes means believes on grounds that arereasonable in the circumstances.

reasonably suspects means suspects on grounds that arereasonable in the circumstances.

recipient, for a direction, notice or order, means any personwho is given the direction, notice or order.

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 planof subdivision under the Land Act or Land Title Act; or

(d) dividing land into parts by agreement renderingdifferent parts of a lot just available for separatedisposition or separate occupation, other than by anagreement that is—

(i) a lease for a term, including renewal options, notexceeding 10 years; or

(ii) an agreement for the exclusive use of part of thecommon property for a community titles schemeunder the Body Corporate and CommunityManagement Act 1997; or

(e) creating an easement giving access to a lot from aconstructed road.

referee means a referee who holds an appointment undersection 254(1) or (2).

referral agency see section 52(2).

referral agency response see section 54(4).

region means—

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(a) the local government areas, or parts of local governmentareas, prescribed by regulation as a region; and

(b) Queensland waters next to the local government areas orparts of local government areas.

regional plan see section 3(3)(b).

regional planning committee, for a region, means thecommittee established for the region under section 13.

registered premises means premises registered under section289.

registered professional engineer means—

(a) a registered professional engineer under theProfessional Engineers Act 2002; or

(b) a person registered as a professional engineer under anAct of another State.

registrar means the person who holds an appointment undersection 259(1)(a).

registrar of titles means—

(a) the registrar of titles under the Land Title Act; or

(b) another person who is responsible for keeping, underanother Act, a register of interests in land.

repealed LGP&E Act means the repealed Local Government(Planning and Environment) Act 1990.

representation means written representation.

representation period see section 99(3)(d).

proposed call in notice see section 99(2).

required contents see section 15(2).

required fee, for an application or referral to, request of, orappeal to, a person means—

(a) if the person is a local government—the fee, if any, thelocal government has fixed by resolution; or

(b) if the person is another public sector entity or theMinister—the fee, if any, prescribed by regulation; or

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(c) if the person is a chosen assessment manager—the feenegotiated between the applicant and the person.

responding entity, for a change application, means a personwho gave a pre-request response notice or response about theapplication.

response notice, for a change application, see section 78(5).

responsible entity, for a change application, see section 76(3).

road has the meaning given in the Transport InfrastructureAct, schedule 6, definition road, paragraphs (c) and (d).

SARA means that part of the department known as the StateAssessment and Referral Agency.

SEQ Water Act means the South-East Queensland Water(Distribution and Retail Restructuring) Act 2009.

show cause notice see section 165(2).

sole-occupancy unit, for a class 2 building, means a room orother part of the building used as a dwelling by a person to theexclusion of any other person.

[standard/code?] assessment see section 43(3).

standard conditions means the conditions taken to beimposed on a deemed approval if the assessment managerdoes not give a decision notice in relation to the approval.

State-controlled road see the Transport Infrastructure Act,schedule 6.

State Development Act means the State Development andPublic Works Organisation Act 1971.

State infrastructure means—

(a) State schools infrastructure; or

(b) public transport infrastructure; or

(c) State-controlled roads infrastructure; or

(d) emergency services infrastructure; or

(e) health infrastructure, including hospitals and associatedinstitutions infrastructure; or

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(f) freight rail infrastructure; or

(g) State urban and rural residential water cyclemanagement infrastructure, including infrastructure forwater supply, sewerage, collecting water, treating water,stream managing, disposing of water and floodmitigation; or

(h) justice administration facilities, including court orpolice facilities.

State infrastructure provider means—

(a) the chief executive; or

(b) a public sector entity, other than a local government,that—

(i) provides State infrastructure; or

(ii) administers a regional plan.

State interest means an interest that the Minister considers—

(a) affects an economic or environmental interest of theState or a part of the State; or

Example of a possible interest for paragraph (a)—

a tourism development involving broad economic benefits forthe State or a part of the State

(b) affects the interest of ensuring this Act’s purpose isachieved in the way mentioned in section 3(2).

State-owned or State-controlled transport infrastructuremeans transport infrastructure under the TransportInfrastructure Act that the State owns or controls.

State planning instrument see section 7(2).

State planning policy see section 3(3)(a).

State-related condition see section 144(1).

storey see the Building Code, part A1.1.

strategic port land see the Transport Infrastructure Act,section 286(5).

subject premises see section 125(1).

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submission means a submission in writing.

submitter means—

(a) for a development application—a person who makes aproperly made submission about the application; or

(b) for a particular submission—the person who made thesubmission.

superseded planning scheme see section 26(2).

superseded planning scheme application see section26(4)(a).

superseded planning scheme request see section 26(4).

temporary State planning policy see section 11(2).

tidal area, for a non-port local government area or strategicport land (each the area), means—

(a) the part or parts of a tidal river, an estuarine delta, or anartificial waterway that is subject to tidal influence,between the high-water mark and the middle of theriver, delta or waterway—

(i) as far up the river, delta or waterway as the springtides ordinarily flow and reflow; and

(ii) next to the area; and

(b) to the extent the boundary of the area is, or is seawardof, the high-water mark—the land that is seaward andwithin 50m of the high-water mark.

tidal works see the Coastal Act.

TLPI see section 3(3)(d).

Transport Infrastructure Act means the TransportInfrastructure Act 1994.

tribunal means a tribunal established under section 256.

tribunal appeal matter means a matter—

(a) under this Act that relates to—

(i) the Building Act, other than a matter under thatAct that may or must be decided by the

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[s 340]



Queensland Building and ConstructionCommission; or

(ii) the Plumbing and Drainage Act; or

(b) under another Act that may be appealed to a tribunal; or

(c) prescribed by regulation.

tribunal proceedings means proceedings in a tribunal to hearan appeal or an application for a declaration.

trunk infrastructure, for a local government, means—

(a) development infrastructure identified in an LGIP astrunk infrastructure; or

(b) development infrastructure that, because of a conversionapplication, becomes trunk infrastructure; or

(c) development infrastructure that is required to beprovided under a condition under section 126(3).

use, for premises, includes any ancillary use of the premises.

variation approval means that part of a preliminary approvalthat varies the effect of any of the local planning instrumentsin effect for the premises.

variation request means part of a development application fora preliminary approval that seeks to vary the effect of any ofthe local planning instruments in effect for the premises.

vehicle means a vehicle or vessel under the TransportOperations (Road Use Management) Act 1995.

water infrastructure see the SEQ Water Act.

works includes building work, operational work, plumbingwork and drainage work.