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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Southern Moreton Bay Islands
Development Entitlements
Protection Bill 2004
Queensland
Southern Moreton Bay Islands
Development Entitlements Protection
Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 What is a SMBI application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 What is prescribed land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Who is an owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Modified application of Integrated Planning Act 1997 . . . . . . . . . 5
8 Certain IPA rights unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Council may buy land at any time. . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Schedule
2004
A BILL
for
An Act to establish development entitlements for particular
land on the Southern Moreton Bay Islands
s1 4 s5
Southern Moreton Bay Islands Development
Entitlements Protection Bill 2004
The Parliament of Queensland enacts-- 1
1 Short title 2
This Act may be cited as the Southern Moreton Bay Islands 3
Development Entitlements Protection Act 2004. 4
2 Definitions 5
The dictionary in the schedule defines particular words used 6
in this Act. 7
3 Application of Act 8
This Act applies for a SMBI application. 9
4 What is a SMBI application 10
A SMBI application is a development application 11
(superseded planning scheme)-- 12
(a) in relation to a class 1 building, as defined by the 13
Standard Building Regulation 1993, on prescribed land; 14
and 15
(b) made by or on behalf of an owner of the prescribed land; 16
and 17
(c) for which the applicant states the owner wishes this Act 18
to apply for its assessment. 19
5 What is prescribed land 20
Prescribed land is land on the Southern Moreton Bay Islands 21
that is-- 22
(a) included in the Residential A, Comprehensive 23
Development or Rural Non Urban zone immediately 24
s6 5 s7
Southern Moreton Bay Islands Development
Entitlements Protection Bill 2004
before the Redland's IPA planning scheme has effect;1 1
and 2
(b) located entirely in the Conservation zone under the 3
scheme; and 4
(c) prescribed under a regulation. 5
6 Who is an owner 6
(1) An owner, of prescribed land, means an individual who is 7
solely or as a joint tenant or as a tenant in common, legally or 8
beneficially entitled to an estate of freehold in possession in 9
the land immediately before the end of the consultation period 10
for the Redland's IPA planning scheme. 11
(2) The term does not include-- 12
(a) a person who is an executor, administrator or trustee in 13
relation to the individual; or 14
(b) a mortgagee in possession of the land. 15
7 Modified application of Integrated Planning Act 1997 16
(1) The Integrated Planning Act 1997, sections 3.2.5(1)(b) 17
and (3)(b) do not apply for a SMBI application.2 18
(2) Despite the Integrated Planning Act 1997, section 3.5.28,3 any 19
development approval in relation to a SMBI application lapses 20
if the land, the subject of the application, is sold or transferred 21
to an individual other than another owner of the land before a 22
final inspection certificate, under the Standard Building 23
Regulation 1993, is issued for the building for which the 24
development approval was issued. 25
1 For when a planning scheme has effect, see Integrated Planning Act 1997,
section 2.1.7 (Effects of planning schemes and amendments).
2 Integrated Planning Act 1997, section 3.2.5 (Acknowledgment notices for
applications under superseded planning schemes.)
3 Integrated Planning Act 1997, section 3.5.28 (Approval attaches to land)
s8 6 s 10
Southern Moreton Bay Islands Development
Entitlements Protection Bill 2004
(3) Prescribed land may not be taken under the Integrated 1
Planning Act 1997, section 5.5.1 unless all owners of the land 2
agree. 3
8 Certain IPA rights unaffected 4
This Act does not stop an owner of prescribed land from 5
claiming compensation under the Integrated Planning Act 6
1997, section 5.4.3,4 if a SMBI application has not been made 7
for the land. 8
9 Council may buy land at any time 9
This Act does not stop the council from buying prescribed 10
land at any time. 11
10 Regulation-making power 12
The Governor in Council may make regulations under this 13
Act. 14
4 Integrated Planning Act 1997, section 5.4.3 (Compensation for interest in land being
changed to public purpose)
7
Southern Moreton Bay Islands Development
Entitlements Protection Bill 2004
Schedule Dictionary 1
section 2 2
assessment manager see Integrated Planning Act 1997, 3
section 3.1.7. 4
consultation period see Integrated Planning Act 1997, 5
schedule 10. 6
council means the Redland Shire Council. 7
development see Integrated Planning Act 1997, schedule 10. 8
development application see Integrated Planning Act 1997, 9
schedule 10. 10
development application (superseded planning scheme) 11
means-- 12
(a) for development that would not have required a 13
development permit under a superseded planning 14
scheme but requires a development permit under the 15
Redland's IPA planning scheme, a development 16
application-- 17
(i) in which the applicant advises that the applicant 18
proposes to carry out development under the 19
superseded planning scheme; and 20
(ii) made only to the council as assessment manager; 21
and 22
(iii) made within 10 years after the day the Redland's 23
IPA planning scheme has effect; or 24
(b) for any other development, a development application-- 25
(i) in which the applicant asks the assessment 26
manager to assess the application under a 27
superseded planning scheme; and 28
(ii) made only to the council as assessment manager; 29
and 30
8
Southern Moreton Bay Islands Development
Entitlements Protection Bill 2004
Schedule (continued)
(iii) made within 10 years after the day the Redland's 1
IPA planning scheme has effect. 2
development approval see Integrated Planning Act 1997, 3
schedule 10. 4
development permit see Integrated Planning Act 1997, 5
schedule 10. 6
IPA planning scheme see Integrated Planning Act 1997, 7
section 6.1.1. 8
owner see section 6. 9
prescribed land see section 5. 10
Redland's IPA planning scheme means the first IPA planning 11
scheme for the council. 12
SMBI application see section 4. 13
Southern Moreton Bay Islands means Karragarra Island, 14
Lamb Island, Macleay Island, Perulpa Island and Russell 15
Island. 16
superseded planning scheme see Integrated Planning Act 17
1997, schedule 10.
© State of Queensland 2004
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