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Queensland
State Development and Public
Works Organisation and Other
Legislation Amendment Bill
2005
Queensland
State Development and Public Works
Organisation and Other Legislation
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 20 (What are the conditions of a petroleum
authority) ....................................... 6
4 Amendment of s 120 (Right to grant if requirements for grant
met) ......................................... 7
5 Amendment of s 123 (Provisions of petroleum lease) . . . . . . . . . 7
6 Insertion of new s 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
123A Provisions about grant and conditions of petroleum
lease for significant project . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 132 (Deciding whether to grant petroleum
lease) ....................................... 7
8 Amendment of s 133 (Provisions of petroleum lease) . . . . . . . . . 8
9 Amendment of s 317 (Proposed mining lease declared a
significant project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 410 (Deciding whether to grant licence) . . . . . . 8
11 Amendment of s 412 (Provisions of licence) . . . . . . . . . . . . . . . . 8
12 Insertion of new s 412A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
412A Provisions about grant and conditions of licence for
significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 446 (Deciding whether to grant licence) . . . . . . 9
14 Amendment of s 447 (Provisions of licence) . . . . . . . . . . . . . . . . 9
15 Insertion of new s 447A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
447A Provisions about grant and conditions of licence for
significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 514 (Significant projects excluded from div 1). . 10
17 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3 Amendment of State Development and Public Works
Organisation Act 1971
18 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Amendment of s 24 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 11
20 Amendment of s 26 (Declaration of significant project) . . . . . . . . 11
21 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27A Lapsing of declaration . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 28 (Application of divs 3-6). . . . . . . . . . . . . . . . 13
23 Amendment of s 29 (Notice of requirement for EIS and of draft
terms of reference) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Replacement of s 30 (Finalising terms of reference) . . . . . . . . . . 14
30 Finalising terms of reference . . . . . . . . . . . . . . . . . . . 14
25 Amendment of s 32 (Preparation of EIS) . . . . . . . . . . . . . . . . . . . 14
26 Amendment of s 35 (Coordinator-General evaluates EIS,
submissions, other material and prepares report) . . . . . . . . . . . . 14
27 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
35A Lapsing of Coordinator-General's report . . . . . . . . . . 15
28 Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3A Changes to project
35B Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 15
35C Power to evaluate environmental effects of
proposed change ......................... 16
35D Notice to Coordinator-General . . . . . . . . . . . . . . . . . . 16
35E Requirements for notice . . . . . . . . . . . . . . . . . . . . . . . 16
35F Coordinator-General may seek comments or
information ........................... 16
35G Public notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
35H Criteria for evaluating . . . . . . . . . . . . . . . . . . . . . . . . . 17
35I Coordinator-General's change report . . . . . . . . . . . . . 18
35J Distribution of Coordinator-General's change report . 18
35K Relationship with Coordinator-General's report . . . . . 18
35L Lapsing of Coordinator-General's change report . . . . 18
29 Amendment of s 39 (Application of Coordinator-General's
report to IDAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
30 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
42A Application of Coordinator-General's change
report to IDAS .......................... 19
31 Amendment of s 45 (Application of Coordinator-General's
report to proposed mining lease) . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
47A Paramountcy of conditions determined or declared
under Native Title Act 1993 (Cwlth) . . . . . . . . . . . . . . 21
33 Amendment of pt 4, div 6, hdg (Relationship with
Environmental Protection Act, ch 5) . . . . . . . . . . . . . . . . . . . . . . . 21
34 Insertion of new pt 4, div 6, sdiv 1 and new pt 4, div 6, sdiv
2, hdg ....................................... 21
Subdivision 1 Relationship for non-code compliant
environmental authority (petroleum activities)
47B Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 22
47C Application of Coordinator-General's report to
environmental authority . . . . . . . . . . . . . . . . . . . . . . . 22
35 Amendment of s 48 (Application of div 6). . . . . . . . . . . . . . . . . . . 22
36 Amendment of s 49 (Application of Coordinator-General's
report to environmental authority (mining lease)). . . . . . . . . . . . . 23
37 Insertion of new pt 4, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 6A Relationship with Petroleum and Gas
(Production and Safety) Act 2004
49A Application of div 6A. . . . . . . . . . . . . . . . . . . . . . . . . . 23
49B Application of Coordinator-General's report to
lease or licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
49C Paramountcy of conditions determined or declared
under Native Title Act 1993 (Cwlth) . . . . . . . . . . . . . . 24
38 Amendment of s 50 (Application of div 7). . . . . . . . . . . . . . . . . . . 24
39 Amendment of s 52 (Application of Coordinator-General's
report to other approval process) . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Amendment of s 82 (Acquisition of land in State development
area) ......................................... 25
41 Amendment of s 84 (Use of land under approved development
scheme) ....................................... 25
42 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
84A When approval for the use of land in State
development area lapses . . . . . . . . . . . . . . . . . . . . . . 25
43 Amendment of pt 6, div 3, hdg (Undertaking of works by or on
behalf of local bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
44 Amendment of s 99 (Recommendation of certain works) . . . . . . 26
4
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
45 Amendment of s 100 (Approval of certain works) . . . . . . . . . . . . 27
46 Amendment of s 101 (Time limited for works) . . . . . . . . . . . . . . . 27
47 Amendment of s 102 (Direction to be complied with) . . . . . . . . . . 27
48 Amendment of s 104 (Procedure on local body's default) . . . . . . 27
49 Amendment of s 105 (Borrowing to facilitate remedy of default) . 28
50 Amendment of s 106 (Liability for costs of work to remedy
default) ...................................... 28
51 Amendment of s 107 (Power to order postponement of works) . . 28
52 Amendment of s 108 (Recommendation of certain works) . . . . . 28
53 Amendment of s 109 (Approval of certain works) . . . . . . . . . . . . 28
54 Amendment of s 110 (Coordinator-General to undertake
approved works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
55 Amendment of s 111 (Delegation of authority of
Coordinator-General) ............................ 29
56 Amendment of s 125 (Power of Coordinator-General to take
land) ....................................... 29
57 Insertion of new s 125A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
125A Power of Coordinator-General to take public utility
easement ............................. 30
58 Amendment of s 126 (Ensuring reasonable steps are taken to
acquire land by agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
59 Amendment of s127 (Relationship with native title legislation). . . 31
60 Amendment of s 174 (Coordinator-General must make
guidelines) ..................................... 32
61 Insertion of new pt 8, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4 Other miscellaneous provisions
175A EIS must not, under particular other Acts, be
required for PNG pipeline project . . . . . . . . . . . . . . . . 32
62 Replacement of pt 9, hdg (Transitional provisions for the
State Development and Public Works Organisation
Amendment Act 1999) ............................. 33
63 Insertion of new pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 2 Transitional provisions for State Development
and Public Works Organisation and Other
Legislation Amendment Act 2005
177 Existing approvals for the use of land in State
development area. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 34
2005
A Bill
for
An Act to amend the State Development and Public Works
Organisation Act 1971, and for other purposes
s1 6 s3
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the State Development and Public 4
Works Organisation and Other Legislation Amendment Act
2005. 5
Part 2 Amendment of Petroleum and 6
Gas (Production and Safety) 7
Act 2004 8
Clause 2 Act amended in pt 2 9
This part amends the Petroleum and Gas (Production and 10
Safety) Act 2004. 11
Clause 3 Amendment of s 20 (What are the conditions of a 12
petroleum authority) 13
Section 20(2), after `authority.'-- 14
insert-- 15
`Note-- 16
17
If a Coordinator-General's condition applies to a petroleum lease,
18
pipeline licence or petroleum facility licence, or proposed petroleum
19
lease, pipeline licence or petroleum facility licence, for a significant
20
project, and the condition conflicts with a mandatory condition for that
21
type of petroleum authority, the Coordinator-General's condition
22
prevails to the extent of the inconsistency. See sections 123A, 412A and
23
447A.'.
s4 7 s7
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 4 Amendment of s 120 (Right to grant if requirements for 1
grant met) 2
Section 120(1), `section 122'-- 3
omit, insert-- 4
`sections 122 and 123A'. 5
Clause 5 Amendment of s 123 (Provisions of petroleum lease) 6
Section 123-- 7
insert-- 8
`(9) This section applies subject to section 123A.'. 9
Clause 6 Insertion of new s 123A 10
After section 123-- 11
insert-- 12
`123A Provisions about grant and conditions of petroleum 13
lease for significant project 14
`(1) This section applies if a petroleum lease or proposed 15
petroleum lease is for a significant project. 16
`(2) The Minister must not grant the lease until the Minister has 17
been given the Coordinator-General's report for the project. 18
`(3) Any Coordinator-General's conditions for the lease must be 19
stated in the lease. 20
`(4) Any other condition of the lease stated under section 123 must 21
not be inconsistent with the Coordinator-General's conditions. 22
`(5) If a mandatory condition for petroleum leases conflicts with 23
any of the Coordinator-General's conditions, the 24
Coordinator-General's condition prevails to the extent of the 25
inconsistency.'. 26
Clause 7 Amendment of s 132 (Deciding whether to grant 27
petroleum lease) 28
Section 132-- 29
s8 8 s 11
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
insert-- 1
`(3) This section applies subject to section 123A. '. 1
2
Clause 8 Amendment of s 133 (Provisions of petroleum lease) 3
Section 133, `Section 123 applies'-- 4
omit, insert-- 5
`Sections 123 and 123A apply'.
2
6
Clause 9 Amendment of s 317 (Proposed mining lease declared a 7
significant project) 8
Section 317(1)(a), from `a project is declared'-- 9
omit, insert-- 10
`a significant project is declared for a proposed coal or oil 11
shale mining lease for the land; and'. 12
Clause 10 Amendment of s 410 (Deciding whether to grant licence) 13
Section 410(1)(a), `section 411'-- 14
omit, insert-- 15
`sections 411 and 412A'. 16
Clause 11 Amendment of s 412 (Provisions of licence) 17
Section 412-- 18
insert-- 19
`(5) This section applies subject to section 412A.'. 20
1 Section 123A (Provisions about grant and conditions of petroleum lease for
significant project)
2 Sections 123 (Provisions of petroleum lease) and 123A (Provisions about grant and
conditions of petroleum lease for significant project)
s 12 9 s 15
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 12 Insertion of new s 412A 1
After section 412-- 2
insert-- 3
`412A Provisions about grant and conditions of licence for 4
significant project 5
`(1) This section applies if a pipeline licence or proposed pipeline 6
licence is for a significant project. 7
`(2) The Minister must not grant the licence until the Minister has 8
been given the Coordinator-General's report for the project. 9
`(3) Any Coordinator-General's conditions for the licence must be 10
stated in the licence. 11
`(4) Any other condition of the licence stated under section 412 12
must not be inconsistent with the Coordinator-General's 13
conditions. 14
`(5) If a mandatory condition for pipeline licences conflicts with 15
any of the Coordinator-General's conditions, the 16
Coordinator-General's condition prevails to the extent of the 17
inconsistency.'. 18
Clause 13 Amendment of s 446 (Deciding whether to grant licence) 19
Section 446(1)(a), `decide to grant'-- 20
omit, insert-- 21
`subject to section 447A, decide to grant'. 22
Clause 14 Amendment of s 447 (Provisions of licence) 23
Section 447-- 24
insert-- 25
`(7) This section applies subject to section 447A.'. 26
Clause 15 Insertion of new s 447A 27
After section 447-- 28
insert-- 29
s 16 10 s 17
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`447A Provisions about grant and conditions of licence for 1
significant project 2
`(1) This section applies if a petroleum facility licence or proposed 3
petroleum facility licence is for a significant project. 4
`(2) The Minister must not grant the licence until the Minister has 5
been given the Coordinator-General's report for the project. 6
`(3) Any Coordinator-General's conditions for the licence must be 7
stated in the licence. 8
`(4) Any other condition of the licence stated under section 447 9
must not be inconsistent with the Coordinator-General's 10
conditions. 11
`(5) If a mandatory condition for petroleum facility licences 12
conflicts with any of the Coordinator-General's conditions, 13
the Coordinator-General's condition prevails to the extent of 14
the inconsistency.'. 15
Clause 16 Amendment of s 514 (Significant projects excluded from 16
div 1) 17
Section 514(1), from `that is' to `to be'-- 18
omit, insert-- 19
`for'. 20
Clause 17 Amendment of sch 2 (Dictionary) 21
Schedule 2-- 22
insert-- 23
`Coordinator-General's conditions, for a lease or licence or 24
proposed lease or licence for a significant project, means the 25
conditions for the lease or licence stated in the 26
Coordinator-General's report for the project. 27
Coordinator-General's report, for a significant project, 28
means the Coordinator-General's report under the State 29
Development and Public Works Organisation Act 1971 for the 30
EIS for the project. 31
s 18 11 s 20
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
significant project means a project declared under the State 1
Development and Public Works Organisation Act 1971, 2
section 26, to be a significant project.'. 3
Part 3 Amendment of State 4
Development and Public Works 5
Organisation Act 1971 6
Clause 18 Act amended in pt 3 7
This part amends the State Development and Public Works 8
Organisation Act 1971. 9
Clause 19 Amendment of s 24 (Definitions for pt 4) 10
(1) Section 24, definition EIS-- 11
omit. 12
(2) Section 24-- 13
insert-- 14
`Coordinator-General's change report see section 35I(1).'. 15
(3) Section 24, definition properly made submission, after `for an 16
EIS'-- 17
insert-- 18
`or a proposed change to a project'. 19
Clause 20 Amendment of s 26 (Declaration of significant project) 20
(1) Section 26(2) to (5)-- 21
renumber as section 26(4) to (7) 22
(2) Section 26(1)-- 23
omit, insert-- 24
`(1) The Coordinator-General may-- 25
s 20 12 s 20
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(a) declare a project to be a significant project for which an 1
EIS is required; or 2
(b) declare a project to be a significant project for which an 3
EIS is not required. 4
`(2) However-- 5
(a) the Coordinator-General may make a declaration under 6
subsection (1)(b) only if satisfied appropriate 7
environmental assessments under another Act will be 8
carried out in relation to the project; and 9
(b) the Coordinator-General must not make a declaration 10
under subsection (1)(b) if carrying out the project will 11
result in broadscale clearing for agricultural purposes. 12
`(3) For subsection (2)(b), a project results in broadscale clearing 13
for agricultural purposes if-- 14
(a) carrying out the project will result in the clearing of 15
vegetation that, other than for the making of the 16
declaration, would involve assessable development 17
mentioned in the Integrated Planning Act 1997, 18
schedule 8, part 1, table 4, items 1A to 1G; and 19
(b) the Coordinator-General is satisfied the clearing is not 20
for a matter or purpose mentioned in the Vegetation 21
Management Act 1999, section 22A(2)(b) to (j).'. 22
(3) Section 26-- 23
insert-- 24
`(8) If the project involves a lease or licence under a petroleum 25
Act, the Coordinator-General must also give a copy of the 26
gazette notice to the Minister for the time being administering 27
the Act. 28
`(9) In this section-- 29
petroleum Act means-- 30
(a) the Petroleum Act 1923; or 31
(b) the Petroleum and Gas (Production and Safety) Act 32
2004; or 33
(c) the Petroleum (Submerged Lands) Act 1982.'. 34
s 21 13 s 23
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 21 Insertion of new s 27A 1
After section 27-- 2
insert-- 3
`27A Lapsing of declaration 4
`(1) If an EIS is required for the project, the declaration lapses if 5
the proponent does not comply with section 32(4).3 6
`(2) If an EIS is not required, the declaration lapses-- 7
(a) generally--at the end of the 4 years starting the day the 8
declaration was made; or 9
(b) if the declaration states or implies a time for it to 10
lapse--at the stated or implied time. 11
`(3) However, if before the lapsing of the declaration under 12
subsection (1) or (2), the Coordinator-General, by written 13
notice to the proponent, fixes a later time for the declaration to 14
lapse, it does not lapse until the later time.'. 15
Clause 22 Amendment of s 28 (Application of divs 3-6) 16
Section 28, after `significant project'-- 17
insert-- 18
`for which an EIS is required'. 19
Clause 23 Amendment of s 29 (Notice of requirement for EIS and of 20
draft terms of reference) 21
Section 29-- 22
insert-- 23
`(2) The public notification must state a period within which the 24
comments must be made under subsection (1)(b).4'. 25
3 Section 32 (Preparation of EIS)
4 See also section 171 (Publication of document or information by
Coordinator-General).
s 24 14 s 26
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 24 Replacement of s 30 (Finalising terms of reference) 1
Section 30-- 2
omit, insert-- 3
`30 Finalising terms of reference 4
`(1) The Coordinator-General must, as soon as practicable after 5
the comment period ends, finalise the terms of reference for 6
the EIS and give the proponent a copy. 7
`(2) In finalising the terms of reference, the Coordinator-General 8
must have regard to comments on the draft terms of reference 9
received by the Coordinator-General within comment period. 10
`(3) In this section-- 11
comment period means the period stated under section 12
29(2).'. 13
Clause 25 Amendment of s 32 (Preparation of EIS) 14
Section 32-- 15
insert-- 16
`(4) Subject to subsection (3), an EIS must be given to the 17
Coordinator-General within-- 18
(a) 2 years after finalisation under section 30 of the 19
terms of reference for the EIS; or 20
(b) if within the 2 years the Coordinator-General, by 21
written notice to the proponent, fixes a later period 22
for the giving of the EIS--the later period.'. 23
Clause 26 Amendment of s 35 (Coordinator-General evaluates EIS, 24
submissions, other material and prepares report) 25
Section 35(4)(b), `section 39, 45 or 49'-- 26
omit, insert-- 27
`section 39, 45, 47C, 49 or 49B'. 28
s 27 15 s 28
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 27 Insertion of new s 35A 1
Part 4, division 3-- 2
insert-- 3
`35A Lapsing of Coordinator-General's report 4
`(1) The Coordinator-General's report for the EIS for the project 5
lapses-- 6
(a) generally--at the end of the 4 years starting the day 7
after the report is prepared under section 35(3); or 8
(b) if the report states or implies a time for it to lapse--at 9
the stated or implied time; or 10
(c) if, before the end of the 4 years or before the stated or 11
implied time, the proponent applies for an approval for 12
the project, on the latest of the following to happen-- 13
(i) the deciding of the application; 14
(ii) if the application is refused-- 15
(A) the end of any period to appeal against the 16
refusal; or 17
(B) if, within the period, an appeal is made 18
against the refusal, the appeal is finally 19
decided or is otherwise ended. 20
`(2) However, if before the lapsing of the report under subsection 21
(1), the Coordinator-General, by written notice to the 22
proponent, fixes a later time for the report to lapse, it does not 23
lapse until the later time.'. 24
Clause 28 Insertion of new pt 4, div 3A 25
Part 4-- 26
insert-- 27
`Division 3A Changes to project 28
`35B Application of div 3A 29
`This division applies if, after the Coordinator-General 30
complies with section 35(5), the proponent wishes the 31
s 28 16 s 28
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Coordinator-General to assess a proposed change to the 1
project. 2
`35C Power to evaluate environmental effects of 3
proposed change 4
`The Coordinator-General may, under this division, evaluate 5
the environmental effects of the proposed change, its effects 6
on the project and any other related matters. 7
`35D Notice to Coordinator-General 8
`The proponent must give the Coordinator-General written 9
notice requesting the evaluation. 10
`35E Requirements for notice 11
`The notice must-- 12
(a) describe the proposed change and its effects on the 13
project; and 14
(b) state reasons for the proposed change; and 15
(c) include enough information about the proposed change 16
and its effects on the project to allow the 17
Coordinator-General to make the evaluation. 18
`35F Coordinator-General may seek comments or 19
information 20
`(1) After receiving the notice, the Coordinator-General may-- 21
(a) refer details of the proposed change, its effects on the 22
project or any other related matter to anyone the 23
Coordinator-General considers may be able to give 24
comments or information to help the making of the 25
evaluation; and 26
(b) ask the proponent for further information about the 27
proposed change, its effects on the project or any other 28
related matter. 29
s 28 17 s 28
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`(2) If the proponent does not comply with a request under 1
subsection (1)(b) within a reasonable period after it is made, 2
the Coordinator-General may make the evaluation without the 3
further information. 4
`35G Public notice 5
`(1) The Coordinator-General may, by written notice, require the 6
proponent to publicly notify the proposed change and its 7
effects on the project, in a way decided by the 8
Coordinator-General. 9
`(2) Sections 33 and 345 apply to the public notification, and for 10
submissions about the proposed change and its effect on the 11
project, as if a reference in those sections to an EIS was a 12
reference to the proposed change or the effects. 13
`35H Criteria for evaluating 14
`In making the evaluation, the Coordinator-General must 15
consider each of the following-- 16
(a) the nature of the proposed change and its effects on the 17
project; 18
(b) the project as currently evaluated under the 19
Coordinator-General's report for the EIS for the project; 20
(c) the environmental effects of the proposed change and its 21
effects on the project; 22
(d) if, under section 35G, public notification was 23
required--all properly made submissions about the 24
proposed change and its effects on the project; 25
(e) the material mentioned in section 35(1) to the extent the 26
Coordinator-General considers it is relevant to the 27
proposed change and its effects on the project. 28
5 Sections 33 (Public notification of EIS) and 34 (Making submissions on EIS)
s 28 18 s 28
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`35I Coordinator-General's change report 1
`(1) The Coordinator-General must prepare a report (a 2
Coordinator-General's change report) that makes the 3
evaluation. 4
`(2) In making the evaluation, the Coordinator-General may-- 5
(a) state conditions of a type mentioned in section 39, 45, 6
47C, 49 or 49B that are relevant to the proposed change, 7
its effects on the project or any other related matter; and 8
(b) make recommendations of a type mentioned in section 9
43 or 52 that are relevant to the proposed change, its 10
effects on the project or any other related matter; and 11
(c) amend any conditions or recommendations for the 12
project stated or made under section 35(4). 13
`35J Distribution of Coordinator-General's change report 14
`After completing the Coordinator-General's change report, 15
the Coordinator-General must-- 16
(a) give a copy of it to the proponent; and 17
(b) publicly notify the report.6 18
`35K Relationship with Coordinator-General's report 19
`(1) The Coordinator-General's report for the EIS for the project 20
and the Coordinator-General's change report both have effect 21
for the project. 22
`(2) However, if the reports conflict, the Coordinator-General's 23
change report prevails to the extent of the inconsistency. 24
`35L Lapsing of Coordinator-General's change report 25
`The Coordinator-General's change report lapses on the 26
lapsing, under section 35A, of the Coordinator-General's 27
report for the EIS for the project.'. 28
6 See also section 171 (Publication of document or information by
Coordinator-General).
s 29 19 s 30
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 29 Amendment of s 39 (Application of Coordinator-General's 1
report to IDAS) 2
Section 39(5), `statements mentioned in subsections (1) and 3
(2)'-- 4
omit, insert-- 5
`statement mentioned in subsection (2)(b)'. 6
Clause 30 Insertion of new s 42A 7
Part 4, division 4, subdivision 1-- 8
insert-- 9
`42A Application of Coordinator-General's change 10
report to IDAS 11
`(1) This section applies if, under section 35J(a), the proponent is 12
given a Coordinator-General's change report. 13
`(2) The change report is taken to be an amended concurrence 14
agency response under the Integrated Planning Act, section 15
3.3.17(1),7 the contents of which the applicant has given 16
written agreement to. 17
`(3) Subsection (4) applies if the change report was given-- 18
(a) after the decision stage of IDAS started for the 19
application; but 20
(b) before the assessment manager has made a decision on 21
the application. 22
`(4) To remove any doubt, it is declared that the Integrated 23
Planning Act, section 3.5.88 applies for the decision period for 24
the application. 25
`(5) Subsection (6) applies if-- 26
7 Integrated Planning Act, section 3.3.17 (How a concurrence agency may change its
response)
8 Integrated Planning Act, section 3.5.8 (Decision making period (changed
circumstances))
s 31 20 s 31
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(a) the change report was given after the assessment 1
manager made a decision on the application (the 2
original application); and 3
(b) the proposed change the subject of the change report 4
involves development (the new development) under the 5
Integrated Planning Act and, because of the new 6
development-- 7
(i) a new development application must be made 8
under that Act; or 9
(ii) a change to the decided development approval for 10
the original application, or to the conditions of the 11
approval, must be made. 12
`(6) The proponent must take, or cause to be taken, the necessary 13
steps under the Integrated Planning Act to obtain a 14
development approval that authorises the new development to 15
be carried out. 16
`(7) If subsection (6) applies because of subsection (5)(a) and 17
(b)(i), sections 37 to 42 apply to the obtaining of the 18
development approval as if-- 19
(a) a reference to the Coordinator-General's report for the 20
EIS for the project was a reference to the change report; 21
and 22
(b) a reference to a properly made submission about the EIS 23
was a reference to a properly made submission about the 24
proposed change. 25
`(8) To remove any doubt, it is declared that subsection (5)(b)(ii) 26
and (6) apply even if there is an undecided appeal against the 27
decided development approval for the original application.'. 28
Clause 31 Amendment of s 45 (Application of Coordinator-General's 29
report to proposed mining lease) 30
(1) Section 45(2)(a)-- 31
omit. 32
(2) Section 45(2)(b) and (c)-- 33
renumber as section 45(2)(a) and (b). 34
s 32 21 s 34
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 32 Insertion of new s 47A 1
Part 4, division 5-- 2
insert-- 3
`47A Paramountcy of conditions determined or declared 4
under Native Title Act 1993 (Cwlth) 5
`(1) This section applies if-- 6
(a) there is any inconsistency between a 7
Coordinator-General's condition under section 45 or 46; 8
and 9
(b) a condition for the granting of the proposed mining 10
lease determined or declared under the Native Title Act 11
1993 (Cwlth) section 36A, 38 or 42.9 12
`(2) The Coordinator-General's condition does not apply to the 13
extent of the inconsistency.'. 14
Clause 33 Amendment of pt 4, div 6, hdg (Relationship with 15
Environmental Protection Act, ch 5) 16
Part 4, division 6, heading, `, ch 5'-- 17
omit. 18
Clause 34 Insertion of new pt 4, div 6, sdiv 1 and new pt 4, div 6, 19
sdiv 2, hdg 20
Part 4, division 6, before section 48-- 21
insert-- 22
9 Native Title Act 1993 (Cwlth), section 36A (Ministerial determination if arbitral
body determination delayed), 38 (Kinds of arbitral body determinations) or 42
(Overruling of determinations)
s 35 22 s 35
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`Subdivision 1 Relationship for non-code 1
compliant environmental authority 2
(petroleum activities) 3
`47B Application of sdiv 1 4
`This subdivision applies if-- 5
(a) the project involves a proposed environmental authority 6
(petroleum activities) under the Environmental 7
Protection Act; and 8
(b) were the proposed authority to be issued, it would be a 9
non-code compliant authority for chapter 4A of that 10
Act.10 11
`47C Application of Coordinator-General's report to 12
environmental authority 13
`(1) The Coordinator-General's report for the EIS for the project 14
may state conditions for the proposed environmental 15
authority. 16
`(2) If conditions under subsection (1) are included in the report, 17
the Coordinator-General must give the EPA Minister a copy of 18
the report.11'. 19
`Subdivision 2 Relationship for environmental 20
authority (mining lease)'. 21
Clause 35 Amendment of s 48 (Application of div 6) 22
(1) Section 48, heading, `div 6'-- 23
omit, insert-- 24
`sdiv 2'. 25
10 See the Environmental Protection Act, section 75(4) (Types of environmental
authority (petroleum activities)).
11 See also the Environmental Protection Act, sections 98(5) (Conditions that may and
must be imposed) and 114(5) Conditions that may and must be imposed).
s 36 23 s 37
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(2) Section 48, `division'-- 1
omit, insert-- 2
`subdivision'. 3
Clause 36 Amendment of s 49 (Application of Coordinator-General's 4
report to environmental authority (mining lease)) 5
Section 49(2), from `report--' to `Coordinator-General'-- 6
omit, insert-- 7
`report, the Coordinator-General'. 8
Clause 37 Insertion of new pt 4, div 6A 9
After section 49-- 10
insert-- 11
`Division 6A Relationship with Petroleum and 12
Gas (Production and Safety) Act 13
2004 14
`49A Application of div 6A 15
`This division applies if the project involves a proposed 16
petroleum lease, pipeline licence or petroleum facility licence 17
under the Petroleum and Gas (Production and Safety) Act 18
2004. 19
`49B Application of Coordinator-General's report to 20
lease or licence 21
`(1) The Coordinator-General's report for the EIS for the project 22
may state conditions for the proposed lease or licence. 23
`(2) If conditions under subsection (1) are included in the report, 24
the Coordinator-General must give the Minister for the time 25
s 38 24 s 39
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
being administering the Act under which the lease or licence 1
is proposed to be granted a copy of the report.12 2
`49C Paramountcy of conditions determined or declared 3
under Native Title Act 1993 (Cwlth) 4
`(1) This section applies if-- 5
(a) the project involves a proposed petroleum lease; and 6
(b) there is any inconsistency between-- 7
(i) a Coordinator-General's condition stated under 8
section 49B; and 9
(ii) a condition for the granting of the proposed 10
petroleum lease determined or declared under the 11
Native Title Act 1993 (Cwlth) section 36A, 38 or 12
42.13 13
`(2) The Coordinator-General's condition does not apply to the 14
extent of the inconsistency.'. 15
Clause 38 Amendment of s 50 (Application of div 7) 16
Section 50, `chapter 5, requires'-- 17
insert-- 18
`chapter 4A or 5,14 requires'. 19
Clause 39 Amendment of s 52 (Application of Coordinator-General's 20
report to other approval process) 21
Section 52(3)-- 22
omit, insert-- 23
12 See also the Environmental Protection Act, sections 98(5) (Conditions that may and
must be imposed) and 114(5) (Conditions that may and must be imposed).
13 Native Title Act 1993 (Cwlth), section 36A (Ministerial determination if arbitral
body determination delayed), 38 (Kinds of arbitral body determinations) or 42
(Overruling of determinations)
14 Environmental Protection Act, chapter 4A (Environmental authorities for petroleum
activities) or 5 (Environmental authorities for mining activities)
s 40 25 s 42
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`(3) If the recommendation is to refuse the approval, the report 1
must give reasons for the recommendation.'. 2
Clause 40 Amendment of s 82 (Acquisition of land in State 3
development area) 4
(1) Section 82(1)(b), after `essential services,'-- 5
insert-- 6
`the establishment of an infrastructure corridor'. 7
(2) Section 82-- 8
insert-- 9
`(4) In this section-- 10
infrastructure corridor means an area for the establishment 11
of infrastructure relating to roads, public transport or the 12
transportation, movement, transmission or flow of anything, 13
including, for example, goods, material, substances, matter, 14
particles with or without charge, light, energy, information 15
and anything generated or produced.'. 16
Clause 41 Amendment of s 84 (Use of land under approved 17
development scheme) 18
Section 84(4)(b), after `for the use'-- 19
insert-- 20
`and the approval has not lapsed under section 84A'. 21
Clause 42 Insertion of new s 84A 22
After section 84-- 23
insert-- 24
`84A When approval for the use of land in State 25
development area lapses 26
`(1) This section applies to an approval under section 84(4)(b) for 27
the use of land in a State development area. 28
`(2) The approval lapses at the end of the currency period for the 29
approval unless-- 30
s 43 26 s 44
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(a) if the use is, under the approved development scheme 1
for the State development area, a material change of 2
use--the change of use happens before the end of the 3
currency period; or 4
(b) otherwise--the use substantially starts before the end of 5
the currency period.15 6
`(3) In this section-- 7
currency period, for the approval, means the latest of the 8
following periods to end-- 9
(a) the period that ends 4 years starting the day the approval 10
took effect; 11
(b) if the approval states or implies a time for the approval 12
to lapse--the period from the day the approval took 13
effect until the stated or implied time; 14
(c) if within the period mentioned in paragraph (a) or (b) 15
the Coordinator-General, by written notice to the person 16
having the benefit of the approval, fixes another 17
period--the other period.'. 18
Clause 43 Amendment of pt 6, div 3, hdg (Undertaking of works by 19
or on behalf of local bodies) 20
Part 6, division 3, heading, `or on behalf of local bodies'-- 21
omit, insert-- 22
`local bodies or approved persons'. 23
Clause 44 Amendment of s 99 (Recommendation of certain works) 24
Section 99, after `local body or local bodies,'-- 25
insert-- 26
`or another person, who under an agreement with a local body 27
or local bodies, is permitted or required to undertake the 28
works,'. 29
15 See also section 177 (Existing approvals for the use of land in State development
area).
s 45 27 s 48
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 45 Amendment of s 100 (Approval of certain works) 1
Section 100(1), after `local body or local bodies concerned'-- 2
insert-- 3
`or the other person mentioned in section 99 (an approved 4
person)'. 5
Clause 46 Amendment of s 101 (Time limited for works) 6
Section 101, after `local body'-- 7
insert-- 8
`or approved person'. 9
Clause 47 Amendment of s 102 (Direction to be complied with) 10
(1) Section 102, after `A local body'-- 11
insert-- 12
`or approved person'. 13
(2) Section 102, after `all other local bodies concerned'-- 14
insert-- 15
`or, for an approved person, the local body or local bodies 16
concerned'. 17
Clause 48 Amendment of s 104 (Procedure on local body's default) 18
(1) Section 104, heading, after `local body's'-- 19
insert-- 20
`or approved person's'. 21
(2) Section 104, after `local body'-- 22
insert-- 23
`or approved person'. 24
s 49 28 s 53
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 49 Amendment of s 105 (Borrowing to facilitate remedy of 1
default) 2
Section 105, after `local body's'-- 3
insert-- 4
`or approved person's'. 5
Clause 50 Amendment of s 106 (Liability for costs of work to 6
remedy default) 7
(1) Section 106(1), after `local body's'-- 8
insert-- 9
`or approved person's'. 10
(2) Section 106, after `local body'-- 11
insert-- 12
`or approved person'. 13
Clause 51 Amendment of s 107 (Power to order postponement of 14
works) 15
Section 107, after `local body'-- 16
insert-- 17
`or approved person'. 18
Clause 52 Amendment of s 108 (Recommendation of certain works) 19
Section 108, after `by the Coordinator-General' 20
insert-- 21
`, or by another person on behalf of the Coordinator-General'. 22
Clause 53 Amendment of s 109 (Approval of certain works) 23
(1) Section 109(b), after `by the Coordinator-General' 24
insert-- 25
`, or by another person on behalf of the Coordinator-General,'. 26
s 54 29 s 56
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(2) Section 109(b), after `local bodies'-- 1
insert-- 2
`or approved person'. 3
(3) Section 109, after `that the Coordinator-General'-- 4
insert-- 5
`or other person'. 6
Clause 54 Amendment of s 110 (Coordinator-General to undertake 7
approved works) 8
(1) Section 110(1), after `the Coordinator-General' 9
insert-- 10
`or other person approved under the section'. 11
(2) Section 110(2), after `by the Coordinator-General' 12
insert-- 13
`, or by another person on behalf of the Coordinator-General'. 14
Clause 55 Amendment of s 111 (Delegation of authority of 15
Coordinator-General) 16
Section 111-- 17
insert-- 18
`(5) This section does not limit the persons who may, under 19
section 110, undertake works the subject of an approval under 20
section 109 on behalf of the Coordinator-General.'. 21
Clause 56 Amendment of s 125 (Power of Coordinator-General to 22
take land) 23
(1) Section 125(4) to (6), after `other than the State'-- 24
insert-- 25
`or a local body'. 26
(2) Section 125(8) to (15)-- 27
renumber as section 125(9) to (16). 28
s 57 30 s 57
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(3) Section 125-- 1
insert-- 2
`(8) If the taking of land is, under subsection (1)(f), for an 3
infrastructure facility, the notice of intention to resume the 4
land by compulsory acquisition must not be given until at least 5
2 months after the start of the consultation and negotiation 6
period for the taking fixed under a guideline made under 7
section 174(1)(a).16'. 8
(4) Section 125(11) and (13), as renumbered, `subsection (9)'-- 9
omit, insert-- 10
`subsection (10)'. 11
(5) Section 125(13), as renumbered, `granted in fee simple'-- 12
omit. 13
(6) Section 125(13), as renumbered, after `held in fee simple'-- 14
omit. 15
(7) Section 125(14), as renumbered, `subsections (7) to (12)'-- 16
omit, insert-- 17
`subsections (7) to (13)'. 18
Clause 57 Insertion of new s 125A 19
After section 125-- 20
insert-- 21
`125A Power of Coordinator-General to take public utility 22
easement 23
`(1) The Coordinator-General's power under section 125 to take 24
land for a purpose mentioned in section 125(1), includes the 25
power to create, by registration under any of the following 26
that apply to the land, a public utility easement over the 27
land-- 28
(a) the Land Act 1994, chapter 6, part 4, division 8; 29
16 Section 174 (Coordinator-General must make guidelines)
s 58 31 s 59
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(b) the Land Title Act 1994, part 6, division 4. 1
`(2) For the Land Act 1994, section 369 and the Land Title Act 2
1994, section 89,17 the person for whom the land is to be taken 3
under section 125 is taken to be a public utility provider. 4
`(3) If the document creating the easement states the following 5
have been complied with to the extent they are relevant for the 6
taking of the easement, the easement may be registered under 7
the Acts without the document having been signed by the 8
owner of the land to be burdened by the easement-- 9
(a) section 126; 10
(b) any relevant guidelines made under section 174. 11
`(4) Subsection (3) applies despite the Land Act 1994, section 12
363(1) or the Land Title Act 1994, section 83(1).18'. 13
Clause 58 Amendment of s 126 (Ensuring reasonable steps are 14
taken to acquire land by agreement) 15
Section 126(1), after `other than the State'-- 16
insert-- 17
`or a local body'. 18
Clause 59 Amendment of s127 (Relationship with native title 19
legislation) 20
(1) Section 127(1), `section 125(9)'-- 21
omit, insert-- 22
`section 125(10)'. 23
(2) Section 127(1)(a), `section 125(12)'-- 24
omit, insert-- 25
`section 125(13)'. 26
17 Land Act 1994, section 369 (Public utility easements) and the Land Title Act 1994,
section 89 (Easements for public utility providers)
18 Land Act 1994, section 363 (Registration of easement) and the Land Title Act 1994,
section 83 (Registration of easement)
s 60 32 s 61
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 60 Amendment of s 174 (Coordinator-General must make 1
guidelines) 2
(1) Section 174(1)(a)-- 3
omit, insert-- 4
`(a) a consultation and negotiation period for the proposed 5
taking, under section 125(1)(f),19 of land for 6
infrastructure facilities; and'. 7
(2) Section 174(3)(g) and (h)-- 8
omit, insert-- 9
`(g) procedural requirements for the consultation and 10
negotiation period.'. 11
(3) Section 174-- 12
insert-- 13
`(5) A guideline may also provide for procedural requirements to 14
be complied with before the consultation and negotiation 15
period starts.'. 16
Clause 61 Insertion of new pt 8, div 4 17
Part 8-- 18
insert-- 19
`Division 4 Other miscellaneous provisions 20
`175A EIS must not, under particular other Acts, be 21
required for PNG pipeline project 22
`(1) This section applies-- 23
(a) to an application under the Environmental Protection 24
Act 1994 for an environmental authority (petroleum 25
activities) for the PNG pipeline project; or 26
(b) if, under the Nature Conservation Act 1992, section 34, 27
35, or 38, a person seeks an interest in land in a 28
19 Section 125 (Power of Coordinator-General to take land)
s 62 33 s 62
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
protected area and the interest sought is for the PNG 1
pipeline project. 2
`(2) Despite the Environmental Protection Act 1994, section 104 3
and the Nature Conservation Act 1992, section 39B,20 an EIS 4
can not be required under those sections in relation to the 5
application or the seeking of the interest. 6
`(3) In this section-- 7
PNG pipeline project means all of the following, but only to 8
the extent it was the subject of the 1998 Impact Assessment 9
Study under this Act-- 10
(a) the proposed project that involves the construction and 11
operation of 1 or more pipelines to transport gas from 12
the Southern Highlands of Papua New Guinea, across 13
Torres Strait and Cape York Peninsula to parts of the 14
State including Townsville and Gladstone; 15
(b) ancillary works, including, for example access roads, 16
construction camps and compressor and other stations, 17
to enable the construction and the ongoing operation of 18
the pipeline or pipelines.'. 19
Clause 62 Replacement of pt 9, hdg (Transitional provisions for the 20
State Development and Public Works Organisation 21
Amendment Act 1999) 22
Part 9, heading-- 23
omit, insert-- 24
`Part 9 Transitional provisions 25
`Division 1 Transitional provisions for State 26
Development and Public Works 27
Organisation Amendment Act 1999'. 28
20 Environmental Protection Act 1994, section 104 (EIS may be required) and the
Nature Conservation Act 1992, section 39B (Chief executive may require EIS)
s 63 34 s 64
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
Clause 63 Insertion of new pt 9, div 2 1
After section 176-- 2
insert-- 3
`Division 2 Transitional provisions for State 4
Development and Public Works 5
Organisation and Other Legislation 6
Amendment Act 2005 7
`177 Existing approvals for the use of land in State 8
development area 9
`(1) This section applies to an approval under section 84(4)(b)21 10
for the use of land in a State development area if the approval 11
was granted before the commencement of this section. 12
`(2) Section 84A22 applies to the approval. 13
`(3) However, for applying section 84A(3) the approval is taken to 14
have taken effect only when this section commenced.'. 15
Clause 64 Amendment of schedule (Dictionary) 16
(1) Schedule, definition EIS-- 17
omit. 18
(2) Schedule-- 19
insert-- 20
`approved person see section 100(1). 21
Coordinator-General's change report, for part 4, see section 22
35I(1). 23
EIS means environmental impact statement.'. 24
(3) Schedule, definition private works, `facilities'-- 25
omit, insert-- 26
21 Section 84 (Use of land under approved development scheme)
22 Section 84A (When approval for the use of land in State development area lapses)
s 64 35 s 64
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`infrastructure'. 1
(4) Schedule, definition private works, from `in connection with' 2
to `community'-- 3
omit. 4
© State of Queensland 2005
AMENDMENTS TO BILL
1
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
State Development and Public Works
Organisation and Other Legislation
Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 19--
At page 11, after line 15--
insert--
`imposed condition, for the undertaking of a project, see
section 54B(2).
nominated entity, for an imposed condition for the
undertaking of a project, means an entity nominated for the
condition, under section 54B(3).
relevant local government, for a project, means the local
government for the local government area in which the project
is, or is to be, undertaken.'.'.
2 Clause 20--
At page 12, line 11, `carrying out'--
omit, insert--
`undertaking'.
3 Clause 20--
At page 12, line 15, `carrying out'--
omit, insert--
`undertaking'.
2
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
4 Clause 26--
At page 14, after line 28--
insert--
`(2) Section 35(4)--
insert--
`(d) if division 8 applies to the project--impose, under that
division, conditions for the undertaking of the project.'.'.
5 Clause 27--
At page 15, after line 24--
insert--
` `(3) Also, the report does not lapse if--
(a) division 8 applies to the project; and
(b) there are imposed conditions for the undertaking of the
project; and
(c) the undertaking of the project substantially starts within
4 years after the report is prepared under section
35(3).'.'.
6 Clause 28--
At page 16, line 2, after `project'--
insert--
`or a condition of the project'
7 Clause 28--
At page 18, after line 13--
insert--
`(d) if division 8 applies to the project--impose, under that
division, conditions for the undertaking of the project.'.
3
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
8 After clause 39--
At page 25, after line 2--
insert--
`39A Insertion of new pt 4, div 8
`After section 54--
insert--
` `Division 8 Application of
Coordinator-General's report if no
relevant approval
`54A Application of div 8
`This division applies to the extent that--
(a) the project does not involve a material change of use
that, under the Integrated Planning Act, is impact
assessable; and
(b) division 4, subdivision 2 and divisions 5, 6, 6A and 7 do
not apply to the project.
`54B Report may impose conditions
`(1) Subject to section 54C, the Coordinator-General's report for
the EIS for the project may impose conditions for the
undertaking of the project, and state when they take effect.
`(2) A condition imposed in the report is an imposed condition for
the undertaking of the project.
`(3) If there are imposed conditions for the undertaking of the
project, the Coordinator-General may, for any imposed
condition for the undertaking of the project, nominate an
entity that is to have jurisdiction for the condition.1
`(4) An entity may be nominated for 1 or more of the conditions.
`(5) A nomination under subsection (3) may be in the report or by
public notification.2
1 See section 54D (Effect of imposed conditions).
4
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`(6) The public notification may be made at any time.
`(7) The Coordinator-General must give a copy of the report to
each nominated entity for an imposed condition for the
undertaking of the project.
`(8) Also, if a nomination under subsection (3) is by public
notification, the Coordinator-General must give each of the
following a copy of the notification--
(a) the nominated entity under the nomination;
(b) the proponent for the project;
(c) the department in which the Environmental Protection
Act is administered;
(d) the relevant local government for the project.
`54C Provision for what conditions may be imposed
`The Integrated Planning Act, 3.5.30(1) and 3.5.31(1)3 apply
for imposed conditions for the undertaking of the project as if
the conditions were, under that Act, conditions of a
development approval being decided by an assessment
manager for a development application.
`54D Effect of imposed conditions
`(1) This section applies if there are imposed conditions for the
undertaking of the project.
`(2) The Integrated Planning Act, section 4.3.34 applies to the
undertaking of the project as if--
(a) the project were development under that Act; and
(b) the imposed conditions were a development approval for
the development.
2 See also section 171 (Publication of document or information by
Coordinator-General).
3 Integrated Planning Act, sections 3.5.30 (Conditions must be relevant or reasonable)
and 3.5.31 (Conditions generally)
4 Integrated Planning Act, section 4.3.3 (Compliance with development approval)
5
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`(3) The Environmental Protection Act, sections 435 and 436 to
440 apply to the undertaking of the project as if the imposed
conditions were development conditions under that Act for a
development approval for the project.
`(4) To remove any doubt, it is declared that the provisions
mentioned in subsections (2) and (3) apply to anyone who
undertakes the project, including, for example--
(a) the proponent; and
(b) any of the following who undertake the project--
(i) an agent, contractor or subcontractor, executive
officer or licensee of the proponent;
(ii) an agent, contractor or subcontractor, executive
officer or licensee of a person mentioned in
subparagraph (i).
`54E Imposed conditions override conditions of other
approvals
`If an imposed condition for the undertaking of the project is
inconsistent with a condition of an approval that applies to the
undertaking of the project, the imposed condition prevails to
the extent of the inconsistency.
`54F Provision about enforcement orders under the Integrated
Planning Act
`(1) This section applies if--
(a) a proceeding is proposed to be started in the Planning
and Environment Court under--
(i) the Integrated Planning Act, chapter 4, part 3,
division 5;5 or
(ii) the Environmental Protection Act, section 505;6
and
5 Integrated Planning Act, chapter 4, part 3, division 5 (Enforcement orders of court)
6 Environmental Protection Act, section 505 (Restraint of contraventions of Act etc.)
6
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(b) the relief or remedy proposed to be sought in the
proceeding relates to an offence, or threatened or
anticipated offence, against a provision of those Acts as
applied under section 54D; and
(c) the offence or threatened or anticipated offence relates
to the project.
`(2) Despite the provisions mentioned in subsection (1)(a), only
the following persons may bring the proceeding--
(a) the Coordinator-General;
(b) the nominated entity for a relevant imposed condition
for the undertaking of the project;
(c) the relevant local government for the project;
(d) the proponent;
(e) someone else whose interests are significantly adversely
affected by the subject matter of the proceeding.
`54G Declaration-making powers
`(1) A proceeding mentioned in the Integrated Planning Act,
section 4.1.217 can not be started in relation to the project.
`(2) However, a person mentioned in section 54F(2) may bring a
proceeding in the Planning and Environment Court for a
declaration about whether there has been substantial
compliance with an imposed condition for the undertaking of
the project.
`(3) The court has jurisdiction to hear and decide the proceeding.
`(4) The Integrated Planning Act, sections 4.1.22 and 4.1.238
apply to the proceeding as if as it were a proceeding under
section 4.1.21 of that Act.
`(5) The court may, in deciding what orders it is to make in the
proceeding, have regard to 1 or more of the following--
7 Integrated Planning Act, section 4.1.21 (Court may make declarations)
8 Integrated Planning Act, sections 4.1.22 (Court may make orders about
declarations) and 4.1.23 (Costs)
7
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
(a) the laws and policies applying when the condition was
imposed;
(b) the EIS for the project;
(c) the Coordinator-General's report for the EIS and any
Coordinator-General's change report for the project;
(d) the financial implications of--
(i) the imposed conditions for the undertaking of the
project; or
(ii) any proposed orders;
(e) the public interest;
(f) any environmental management plan required under the
condition;
(g) any other matter the court considers relevant.'.'.
9 Clause 63--
At page 34, after line 15--
` `178 Conditions for north-south bypass tunnel project
`(1) This section applies for the significant project called the
`north-south bypass tunnel project'.
`(2) Sections 35(4)(d) and part 4, division 89 are taken to apply to
the project.
`(3) The conditions stated in appendix 1, schedule 3 of the
Coordinator-General's report dated 25 August 2005
evaluating the EIS for the project are taken to be imposed
conditions for the undertaking of the project.'.'.
9 Section 35 (Coordinator-General evaluates EIS, submissions, other material and
prepares report) and part 4, division 8 (Application of Coordinator-General's report
if no relevant approval)
8
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
10 Clause 64--
At page 34, after line 24--
insert--
`imposed condition, for part 4, see section 54B(2).
nominated entity, for part 4, see section 24.
relevant local government, for part 4, see section 24.'.'.
11 After clause 64--
At page 35, after line 4--
insert--
`Part 4 Amendment of Freedom of
Information Act 1992
`65 Act amended in pt 4
`This part amends the Freedom of Information Act 1992.
`66 Amendment of s 47A (Matter relating to investment
incentive scheme)
`Section 47A(2), definition department--
omit, insert--
`department means the department administered by the
Minister having responsibility for business, industry
development, and investment opportunities and attraction as
identified in the Administrative Arrangements and within
which that responsibility is administered.'.
9
State Development and Public Works Organisation
and Other Legislation Amendment Bill 2005
`67 Insertion of new pt 11
`After part 10--
insert--
`Part 11 Transitional provision for State
Development and Public Works
Organisation and Other
Legislation Amendment Act
2005
`123 Application of amendment of definition department
`Section 47A10, as amended by the State Development and
Public Works Organisation and Other Legislation Amendment
Act 2005, applies in relation to an application under this Act
for access to a document, or for the review of a decision under
this Act about access to a document, whether the application
was made before or after the commencement of this section,
as if the amendment of section 47A had effect on and from the
commencement of the Administrative Arrangements Order
(No. 2) 2005.11'.'.
© State of Queensland 2005
10 Section 47A (Matter relating to investment incentive scheme)
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