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Queensland Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011
Queensland Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of the Building Act 1975 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 246AR (Owner's obligation to give notice of existing regulated pool) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Insertion of new ch 11, pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 12 Transitional provision inserted under Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 306 Provision about offences under s 246AR . . . . . . . . . . 7 Part 3 Amendment of Local Government Act 2009 6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Insertion of new ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Chapter 10 Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 293 Continuation of implementation of matters under s 282A ................................ 8 Part 4 Amendment of Sustainable Planning Act 2009 8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Amendment of s 20 (Power to make State planning regulatory provision) ....................................... 10 10 Amendment of s 185 (Representations about conditions and other matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Contents 11 Amendment of s 282 (Referral agency assesses application) . . . 11 12 Amendment of s 313 (Code assessment--generally) . . . . . . . . . 11 13 Amendment of s 314 (Impact assessment--generally) . . . . . . . . 11 14 Amendment of s 364 (Giving new infrastructure charges notice or regulated infrastructure charges notice). . . . . . . . . . . . . . . . . . 12 15 Amendment of s 388 (Deciding request) . . . . . . . . . . . . . . . . . . . 12 16 Amendment of s 478 (Appeals about particular charges for infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Amendment of s 535 (Appeals about charges for infrastructure) . 13 18 Insertion of new ch 8, pt 1, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2A Particular development infrastructure 626A Conditions local government may impose for particular development infrastructure . . . . . . . . . . . . . 13 19 Amendment of s 629 (Funding trunk infrastructure for local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Insertion of new ch 8, pt 1, div 5A . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 5A Trunk infrastructure funding and related matters--adopted infrastructure charges 648A Meaning of adopted infrastructure charge . . . . . . . . . 15 648B Charges for infrastructure under State planning regulatory provision . . . . . . . . . . . . . . . . . . . . . . . . . . 16 648C Minister may change maximum adopted charge . . . . 17 648D Local government may decide matters about charges for infrastructure under State planning regulatory provision ............................. 17 648E When adopted infrastructure charge can not be levied ............................... 20 648F Adopted infrastructure charges notices . . . . . . . . . . . 20 648G Limitation on adopted infrastructure charge for participating local government . . . . . . . . . . . . . . . . . . 21 648H When adopted infrastructure charges are payable. . . 22 648I Application of adopted infrastructure charge . . . . . . . 22 648J Accounting for adopted infrastructure charge. . . . . . . 22 648K Agreements about, and alternatives to, paying adopted infrastructure charge . . . . . . . . . . . . . . . . . . 23 648L Adopted infrastructure charge taken to be rates . . . . 24 21 Amendment of s 649 (Conditions local governments may impose for necessary trunk infrastructure) . . . . . . . . . . . . . . . . . . 24 22 Amendment of s 650 (Conditions local governments may impose for additional trunk infrastructure costs). . . . . . . . . . . . . . 25 Page 2
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Contents 23 Amendment of s 653 (Conditions State infrastructure provider may impose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Amendment of s 655 (Requirements for conditions about additional infrastructure costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 Amendment of s 659 (Sale of particular land held on trust by local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 Amendment of s 660 (Definition for pt 2) . . . . . . . . . . . . . . . . . . . 26 27 Amendment of s 665 (Infrastructure agreements prevail if inconsistent with particular instruments) . . . . . . . . . . . . . . . . . . . 26 28 Amendment of s 675 (Definition for pt 4) . . . . . . . . . . . . . . . . . . . 26 29 Amendment of s 676 (Application of pt 4) . . . . . . . . . . . . . . . . . . 26 30 Amendment of s 678 (Consideration of representations) . . . . . . . 27 31 Amendment of s 679 (Decision about representations) . . . . . . . . 27 32 Amendment of s 680 (Suspension of relevant appeal period) . . . 27 33 Amendment of s 724 (Documents local government must keep available for inspection and purchase--general) . . . . . . . . . . . . . 28 34 Amendment of s 738 (Limited planning and development certificates) .................................. 28 35 Amendment of s 739 (Standard planning and development certificates) .................................... 29 36 Amendment of s 755A (Definitions for pt 7A) . . . . . . . . . . . . . . . . 29 37 Amendment of s 755J (Conditions about non-trunk infrastructure) ............................... 29 38 Amendment of s 755K (Funding trunk infrastructure) . . . . . . . . . 30 39 Insertion of new ss 755KA and 755KB. . . . . . . . . . . . . . . . . . . . . 30 755KA Distributor-retailer may decide matters about adopted infrastructure charge . . . . . . . . . . . . . . . . . . 30 755KB Funding trunk infrastructure--levying charge on and from standard charge day. . . . . . . . . . . . . . . . . . . . . . 31 40 Insertion of new s 755MA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 755MA Agreements about, and alternatives to, paying adopted infrastructure charge . . . . . . . . . . . . . . . . . . 32 41 Amendment of s 755O (Application of particular provisions--generally) .......................... 34 42 Amendment of s 755P (Application of ss 636 and 646) . . . . . . . . 34 43 Amendment of s 755W (Appeals about infrastructure charge or regulated infrastructure charge) . . . . . . . . . . . . . . . . . . . . . . . . . . 34 44 Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 4 Transitional provisions for Sustainable Planning (Housing Affordability and Page 3
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Contents Infrastructure Charges Reform) Amendment Act 2011 879 Extended application of s 856 for adopted infrastructure charge . . . . . . . . . . . . . . . . . . . . . . . . . 35 880 When local government must not levy particular charges for infrastructure . . . . . . . . . . . . . . . . . . . . . . 35 881 Effect of local government resolution made before commencement of amending Act. . . . . . . . . . . . . . . . 36 45 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 37 Page 4
2011 A Bill for An Act to amend the Building Act 1975, the Local Government Act 2009 and the Sustainable Planning Act 2009 for particular purposes
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Sustainable Planning (Housing 4 Affordability and Infrastructure Charges Reform) Amendment 5 Act 2011. 6 Clause 2 Commencement 7 Part 3 commences on 2 July 2011. 8 Part 2 Amendment of the Building Act 9 1975 10 Clause 3 Act amended 11 This part amends the Building Act 1975. 12 Clause 4 Amendment of s 246AR (Owner's obligation to give 13 notice of existing regulated pool) 14 (1) Section 246AR(2), from `within' to `commencement'-- 15 omit, insert-- 16 `by a day prescribed under a regulation (the prescribed day)'. 17 (2) Section 246AR(3), `6 months after the commencement' 18 omit, insert-- 19 `the prescribed day'. 20 Page 6
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 2 Amendment of the Building Act 1975 [s 5] (3) Section 246AR(3) and (4)-- 1 renumber as section 246AR(4) and (5). 2 (4) Section 246AR-- 3 insert-- 4 `(3) The prescribed day must not be later than 12 months after the 5 commencement of this subsection.'. 6 Clause 5 Insertion of new ch 11, pt 12 7 Chapter 11-- 8 insert-- 9 `Part 12 Transitional provision inserted 10 under Sustainable Planning 11 (Housing Affordability and 12 Infrastructure Charges Reform) 13 Amendment Act 2011 14 `306 Provision about offences under s 246AR 15 `(1) A proceeding can not be started or continued for an offence 16 constituted by an act or omission under pre-amended section 17 246AR if the circumstances giving rise to the commission of 18 the offence would not, if the circumstances happened after the 19 commencement of this section, give rise to the commission of 20 an offence under post-amended section 246AR. 21 `(2) In this section-- 22 post-amended section 246AR means section 246AR as 23 amended under the Sustainable Planning (Housing 24 Affordability and Infrastructure Charges Reform) Amendment 25 Act 2011, section 4. 26 pre-amended section 246AR means section 246AR as in 27 force immediately before the Sustainable Planning (Housing 28 Affordability and Infrastructure Charges Reform) Amendment 29 Act 2011, section 4 commenced.'. 30 Page 7
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 3 Amendment of Local Government Act 2009 [s 6] Part 3 Amendment of Local 1 Government Act 2009 2 Clause 6 Act amended 3 This part amends the Local Government Act 2009. 4 Clause 7 Insertion of new ch 10 5 Before schedule 2-- 6 insert-- 7 `Chapter 10 Transitional provision for 8 Sustainable Planning 9 (Housing Affordability and 10 Infrastructure Charges 11 Reform) Amendment Act 12 2011 13 `293 Continuation of implementation of matters under 14 s 282A 15 `(1) This section continues the implementation of the following 16 limited reviewable local government matters implemented 17 under section 282A-- 18 (a) a change to the external boundaries of Ipswich City 19 Council and Scenic Rim Regional Council gazetted on 20 11 June 2010; 21 (b) a change to the external boundaries of Cook Shire 22 Council and Wujal Wujal Aboriginal Shire Council 23 gazetted on 16 July 2010. 24 `(2) To remove any doubt, it is declared that an action started by a 25 former local government is taken to have been started by a 26 current local government. 27 Page 8
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 3 Amendment of Local Government Act 2009 [s 7] `(3) To remove any doubt, it is declared that the assets and public 1 works on a relevant lot belong to the current local 2 government. 3 Example-- 4 Any material associated with a road or bridge is an asset. 5 `(4) An existing planning scheme applies after 17 September 2010 6 until the current local government makes or amends a 7 planning scheme to include the relevant lot. 8 `(5) The existing planning scheme must be implemented, 9 administered and enforced by the current local government to 10 the extent it relates to the relevant lot as if the existing scheme 11 were part of a planning scheme for its local government area. 12 `(6) A reference in a document about a relevant lot to a former 13 local government may, as appropriate, be taken to be a 14 reference to the current local government. 15 `(7) In this section-- 16 action means the performance of a function, or the exercise of 17 a power, including the following-- 18 (a) an application about land; 19 (b) the amount of rate for land on a relevant lot; 20 (c) a demand for payment of an amount of rate; 21 (d) any requirement under an Act. 22 current local government means the local government for a 23 relevant lot immediately after 17 September 2010. 24 existing planning scheme means a planning scheme for a 25 relevant lot made by the former local government before 17 26 September 2010. 27 former local government means the local government for a 28 relevant lot immediately before 17 September 2010. 29 relevant lot means a lot, shown on a map showing the 30 boundaries of a local government area, that was transferred 31 from the former local government to the current local 32 government on 17 September 2010.'. 33 Page 9
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 8] Part 4 Amendment of Sustainable 1 Planning Act 2009 2 Clause 8 Act amended 3 This part amends the Sustainable Planning Act 2009. 4 Clause 9 Amendment of s 20 (Power to make State planning 5 regulatory provision) 6 (1) Section 20(1)(c)(ii)-- 7 renumber as section 20(1)(c)(iii). 8 (2) Section 20(1)(c)-- 9 insert-- 10 `(ii) an adopted infrastructure charges schedule for the 11 supply of trunk infrastructure, and for other matters, 12 under section 648B; or'. 13 Clause 10 Amendment of s 185 (Representations about conditions 14 and other matters) 15 (1) Section 185(8), `or regulated'-- 16 omit, insert-- 17 `, adopted infrastructure charge or regulated'. 18 (2) Section 185(8)(a)-- 19 omit, insert-- 20 `(a) the local government may give the applicant an 21 infrastructure charges notice, regulated infrastructure 22 charges notice or an adopted infrastructure charges 23 notice that replaces an existing notice; or'. 24 (3) Section 185(9)-- 25 insert-- 26 Page 10
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 11] `existing notice means an existing infrastructure charges 1 notice, negotiated infrastructure charges notice, regulated 2 infrastructure charges notice, negotiated regulated 3 infrastructure charges notice, adopted infrastructure charges 4 notice or negotiated adopted infrastructure charges notice.'. 5 Clause 11 Amendment of s 282 (Referral agency assesses 6 application) 7 (1) Section 282(2)-- 8 insert-- 9 `(h) to the extent the referral agency's jurisdiction involves 10 the assessment of the cost impacts of supplying 11 infrastructure for development under section 655 or 12 657--any relevant adopted infrastructure charges 13 resolution.'. 14 (2) Section 282(3)(a), `and codes'-- 15 omit, insert-- 16 `, codes and resolutions'. 17 Clause 12 Amendment of s 313 (Code assessment--generally) 18 Section 313(2)(f), `the priority'-- 19 omit, insert-- 20 `an adopted infrastructure charges resolution or the priority'. 21 Clause 13 Amendment of s 314 (Impact assessment--generally) 22 Section 314(2)(k), `the priority'-- 23 omit, insert-- 24 `an adopted infrastructure charges resolution or the priority'. 25 Page 11
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 14] Clause 14 Amendment of s 364 (Giving new infrastructure charges 1 notice or regulated infrastructure charges notice) 2 (1) Section 364, heading, from `new'-- 3 omit, insert-- 4 `new notice about charges for infrastructure'. 5 (2) Section 364(1), `or regulated infrastructure charge'-- 6 omit, insert-- 7 `, regulated infrastructure charge or adopted infrastructure 8 charge'. 9 (3) Section 364(2), `or regulated infrastructure charges notice 10 under section 643'-- 11 omit, insert-- 12 `, regulated infrastructure charges notice under section 643 or 13 adopted infrastructure charges notice under section 648F'. 14 Clause 15 Amendment of s 388 (Deciding request) 15 Section 388(1)(a), `or infrastructure charges payable under an 16 infrastructure charges schedule'-- 17 omit, insert-- 18 `or charges payable under chapter 8, part 1'. 19 Clause 16 Amendment of s 478 (Appeals about particular charges 20 for infrastructure) 21 (1) Section 478(1)(a), `or regulated'-- 22 omit, insert-- 23 `, adopted infrastructure charges notice or regulated'. 24 (2) Section 478(1)(b), `or negotiated'-- 25 omit, insert-- 26 `, negotiated adopted infrastructure charges notice or 27 negotiated'. 28 Page 12
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 17] (3) Section 478(5), `establish the charge in the relevant'-- 1 omit, insert-- 2 `establish an adopted infrastructure charge or the charge in a 3 relevant'. 4 Clause 17 Amendment of s 535 (Appeals about charges for 5 infrastructure) 6 (1) Section 535(1)(a)(i), `or regulated'-- 7 omit, insert-- 8 `, adopted infrastructure charges notice or regulated'. 9 (2) Section 535(1)(a)(ii), `or negotiated'-- 10 omit, insert-- 11 `, negotiated adopted infrastructure charges notice or 12 negotiated'. 13 (3) Section 535(4), `establish the charge in the relevant'-- 14 omit, insert-- 15 `establish an adopted infrastructure charge or the charge in a 16 relevant'. 17 Clause 18 Insertion of new ch 8, pt 1, div 2A 18 Chapter 8, part 1-- 19 insert-- 20 `Division 2A Particular development 21 infrastructure 22 `626A Conditions local government may impose for 23 particular development infrastructure 24 `(1) This section applies for a local government that-- 25 (a) does not have a priority infrastructure plan; and 26 Page 13
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 19] (b) has not made an adopted infrastructure charges 1 resolution about the matters mentioned in section 2 648D(1)(e). 3 `(2) The local government may, in addition to any condition it may 4 impose under division 6 or 7, impose a condition for 5 supplying development infrastructure for 1 or more of the 6 following-- 7 (a) networks internal to the premises; 8 (b) connecting the premises to external infrastructure 9 networks; 10 (c) protecting or maintaining the safety or efficiency of the 11 infrastructure network of which the development 12 infrastructure is a component. 13 `(3) The condition must state-- 14 (a) the infrastructure to be supplied; and 15 (b) when the infrastructure must be supplied.'. 16 Clause 19 Amendment of s 629 (Funding trunk infrastructure for 17 local governments) 18 (1) Section 629(1), `either'-- 19 omit, insert-- 20 `any'. 21 (2) Section 629(1)-- 22 insert-- 23 `(c) division 5A.'. 24 Clause 20 Insertion of new ch 8, pt 1, div 5A 25 Chapter 8, part 1-- 26 insert-- 27 Page 14
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `Division 5A Trunk infrastructure funding and 1 related matters--adopted 2 infrastructure charges 3 `648A Meaning of adopted infrastructure charge 4 `(1) An adopted infrastructure charge, for trunk infrastructure for 5 which a State planning regulatory provision (adopted charges) 6 applies, is-- 7 (a) if the local government has adopted a charge for the 8 infrastructure under an adopted infrastructure charges 9 resolution--the adopted charge; or 10 (b) otherwise--the lesser of the following-- 11 (i) a charge equivalent to the pre-SPRP amount for 12 development for which the charge is levied; 13 (ii) the maximum adopted charge for the 14 infrastructure. 15 `(2) In this section-- 16 prescribed time means immediately before the State planning 17 regulatory provision (adopted charges) for the trunk 18 infrastructure comes into effect. 19 pre-SPRP amount for development is the maximum amount 20 the local government could have obtained in relation to the 21 development, at the prescribed time, by doing any of the 22 following-- 23 (a) imposing a condition requiring payment of a 24 contribution under section 848; 25 (b) levying an infrastructure charge under division 4; 26 (c) levying a regulated infrastructure charge under division 27 5. 28 Page 15
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `648B Charges for infrastructure under State planning 1 regulatory provision 2 `(1) A State planning regulatory provision may provide for a 3 charge for the supply of trunk infrastructure. 4 `(2) The State planning regulatory provision must state the 5 following-- 6 (a) that it is made for this division; 7 (b) a maximum charge (a maximum adopted charge) for 8 trunk infrastructure; 9 (c) development for which the charge may be levied. 10 `(3) The State planning regulatory provision must include a 11 schedule of the maximum adopted charges for the trunk 12 infrastructure (an adopted infrastructure charges schedule). 13 `(4) Without limiting subsection (1), the State planning regulatory 14 provision may-- 15 (a) state different charges for different development; and 16 (b) state different charges for different local governments or 17 parts of a local government's area; and 18 (c) identify, for a local government area, a priority 19 infrastructure area; and 20 (d) state the proportion of an adopted infrastructure charge 21 under section 648A(1)(b) for the trunk infrastructure 22 that may be-- 23 (i) levied by a participating local government; or 24 (ii) charged by a distributor-retailer for its water 25 service or wastewater service. 26 Note-- 27 Under section 648G, a participating local government and a 28 distributor-retailer may enter into an agreement about the 29 proportion of an adopted infrastructure charge that may be levied 30 by the local government or charged by the distributor-retailer. If 31 an agreement is entered into, the proportion provided for under 32 the agreement prevails over the proportion stated in the State 33 planning regulatory provision. 34 Page 16
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `(5) A State planning regulatory provision under this section is 1 called a State planning regulatory provision (adopted 2 charges). 3 `648C Minister may change maximum adopted charge 4 `(1) The Minister may, by gazette notice, change the amount of a 5 maximum adopted charge under a State planning regulatory 6 provision (adopted charges). 7 `(2) Any increase under subsection (1) in a maximum adopted 8 charge over a financial year must not be more than an amount 9 equal to the amount of the maximum adopted charge at the 10 start of the financial year multiplied by the 3-year moving 11 average annual percentage increase in the relevant producer 12 index for the period of 3 years ending at the start of the 13 financial year. 14 `(3) A change to a maximum adopted charge under subsection (1) 15 takes effect on the day the notice is gazetted. 16 `(4) An amendment of the State planning regulatory provision 17 under this section has effect despite section 70(1). 18 `(5) In this section-- 19 relevant producer index means the producer price index for 20 Queensland road and bridge construction available quarterly 21 from the Australian Bureau of Statistics. 22 `648D Local government may decide matters about charges 23 for infrastructure under State planning regulatory 24 provision 25 `(1) A local government may by resolution (an adopted 26 infrastructure charges resolution)-- 27 (a) adopt a charge for particular development that is less 28 than the maximum adopted charge for the development; 29 and 30 (b) adopt different charges for development in different 31 parts of its local government area, if each charge is less 32 Page 17
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] than the maximum adopted charge for the development 1 in the part; and 2 (c) declare that an adopted infrastructure charge does not 3 apply for its local government area or a part of its local 4 government area; and 5 (d) state-- 6 (i) that, in stated circumstances, the charge for 7 particular development is to be discounted to take 8 into account the existing usage of trunk 9 infrastructure by the premises on or in relation to 10 which the development is carried out; and 11 (ii) how the discount is to be calculated; and 12 (e) if the local government does not have a priority 13 infrastructure plan-- 14 (i) identify trunk infrastructure for its local 15 government area; and 16 (ii) identify the trunk infrastructure network or trunk 17 infrastructure networks to which an adopted 18 infrastructure charge applies; and 19 (iii) state the standard of service for each network 20 mentioned in subparagraph (ii); and 21 (iv) state the establishment cost of each network. 22 `(2) A participating local government for a distributor-retailer 23 must not adopt a charge that is-- 24 (a) less than the standard amount for the distributor-retailer 25 under chapter 9, part 7A; or 26 (b) more than an amount equal to the sum of-- 27 (i) the standard amount for the distributor-retailer 28 under chapter 9, part 7A; and 29 (ii) an amount equal to the maximum adopted charge 30 for the infrastructure multiplied by the local 31 government's relevant proportion of the adopted 32 infrastructure charge. 33 Page 18
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `(3) As soon as practicable after the local government makes an 1 adopted infrastructure charges resolution, the local 2 government must publish, in a newspaper circulating 3 generally in its area, a notice stating the following-- 4 (a) the name of the local government; 5 (b) the day the resolution was made; 6 (c) the details of the resolution, or how a person can obtain 7 the details. 8 `(4) On the day the notice is published, or as soon as practicable 9 after the day, the local government must give the chief 10 executive-- 11 (a) a copy of the notice; and 12 (b) 3 certified copies of a document stating the details of the 13 resolution. 14 `(5) The resolution has effect-- 15 (a) on and from the day the making of the resolution is first 16 notified in a newspaper circulating generally in the local 17 government's area; or 18 (b) if a later day is stated in the resolution for that 19 purpose--the later day. 20 `(6) A copy of the details of the resolution must be attached to 21 each copy of the local government's planning scheme. 22 `(7) To remove any doubt, it is declared that the copy of the details 23 of the resolution is not part of the local government's planning 24 scheme. 25 `(8) A local government may, under its adopted infrastructure 26 charges resolution, state whether or not an adopted 27 infrastructure charge may be levied for development in a 28 declared master planned area of the local government. 29 `(9) If the local government has a priority infrastructure plan, the 30 resolution ceases to have effect, to the extent it provides for 31 matters mentioned in subsection (1)(e), when the priority 32 infrastructure plan has effect. 33 Page 19
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `648E When adopted infrastructure charge can not be 1 levied 2 `An adopted infrastructure charge must not be levied for-- 3 (a) work or use of land authorised under the Mineral 4 Resources Act 1989, the Petroleum Act 1923, the 5 Petroleum and Gas (Production and Safety) Act 2004 or 6 the Greenhouse Gas Storage Act 2009; or 7 (b) development in an urban development area under the 8 Urban Land Development Authority Act 2007; or 9 (c) development in a declared master planned area in a local 10 government's area, unless an adopted infrastructure 11 charges resolution of the local government states the 12 charge applies for development in the declared master 13 planned area. 14 `648F Adopted infrastructure charges notices 15 `(1) A notice requiring payment of an adopted infrastructure 16 charge (an adopted infrastructure charges notice) must state 17 each of the following-- 18 (a) the amount of the charge; 19 (b) the land to which the charge applies; 20 (c) the person to whom the charge must be paid; 21 (d) when the charge is payable. 22 `(2) An adopted infrastructure charges notice may be given only in 23 relation to a development approval or compliance permit. 24 `(3) The local government must give the notice to the applicant or 25 person who requested compliance assessment-- 26 (a) if the local government is the assessment manager or 27 compliance assessor-- 28 (i) at the same time as the development approval or 29 compliance permit is given; or 30 Page 20
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] (ii) for a deemed approval for which a decision notice 1 has not been given--within 20 business days after 2 receiving a copy of the deemed approval notice; or 3 (b) otherwise-- 4 (i) within 10 business days after the local government 5 receives a copy of the approval or permit; or 6 (ii) for a deemed approval for which a decision notice 7 has not been given--within 20 business days after 8 receiving a copy of the deemed approval notice. 9 `(4) The charge is not recoverable unless the entitlements under 10 the development approval or compliance permit are exercised. 11 `(5) The notice lapses if the development approval or compliance 12 permit stops having effect. 13 `648G Limitation on adopted infrastructure charge for 14 participating local government 15 `(1) This section applies to a participating local government for a 16 distributor-retailer. 17 `(2) The local government and the distributor-retailer may enter 18 into a written agreement about the proportion of an adopted 19 infrastructure charge under section 648A(1)(b) that may be-- 20 (a) levied by the local government; or 21 (b) charged by the distributor-retailer for its water service or 22 wastewater service. 23 `(3) An adopted infrastructure charge levied by the local 24 government for trunk infrastructure must be-- 25 (a) if the local government has adopted a charge under an 26 adopted charges resolution--the adopted charge less the 27 distributor-retailer's standard amount under chapter 9, 28 part 7A in relation to the infrastructure; or 29 (b) otherwise--the amount of the local government's 30 relevant proportion of the adopted infrastructure charge 31 for the infrastructure. 32 Page 21
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `648H When adopted infrastructure charges are payable 1 `An adopted infrastructure charge is payable-- 2 (a) if the charge applies to reconfiguring a lot that is 3 assessable development or development requiring 4 compliance assessment--before the local government 5 approves the plan of subdivision for the reconfiguration; 6 or 7 (b) if the charge applies to building work that is assessable 8 development or development requiring compliance 9 assessment--before the certificate of classification for 10 the building work is issued; or 11 (c) if the charge applies to a material change of use--before 12 the change happens; or 13 (d) otherwise--on the day stated in the adopted 14 infrastructure charges notice or negotiated adopted 15 infrastructure charges notice. 16 `648I Application of adopted infrastructure charge 17 `An adopted infrastructure charge levied and collected for 18 trunk infrastructure must be used to provide-- 19 (a) if the local government has, under an adopted 20 infrastructure charges resolution, identified the trunk 21 infrastructure network or trunk infrastructure networks 22 to which the charge applies--the network or networks 23 identified for the charge; or 24 (b) otherwise--trunk infrastructure. 25 `648J Accounting for adopted infrastructure charge 26 `To remove any doubt, it is declared that an adopted 27 infrastructure charge levied and collected by a local 28 government need not be held in trust. 29 Page 22
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 20] `648K Agreements about, and alternatives to, paying 1 adopted infrastructure charge 2 `(1) Despite section 648H, a person to whom an adopted 3 infrastructure charges notice or negotiated adopted 4 infrastructure charges notice has been given and the local 5 government may enter into a written agreement about 1 or 6 more of the following-- 7 (a) whether the charge may be paid at a different time from 8 the time stated in the notice, and whether it may be paid 9 by instalments; 10 (b) whether infrastructure may be supplied instead of 11 paying all or part of the charge. 12 `(2) For development infrastructure that is land, the local 13 government may give the applicant or person who requested 14 compliance assessment a notice, in addition to, or instead of, 15 the notice given under section 648F, requiring the applicant or 16 person to-- 17 (a) give to the local government, in fee simple, part of the 18 land the subject of the development application or 19 request for compliance assessment; or 20 (b) give to the local government-- 21 (i) in fee simple, part of the land the subject of the 22 development application or request for compliance 23 assessment; and 24 (ii) part of an adopted infrastructure charge. 25 `(3) If the applicant or person who requested compliance 26 assessment is required to give land under subsection (2)(a), or 27 a combination of land and a charge under subsection (2)(b), 28 the total value of the contribution must not be more than the 29 amount of the charge mentioned in section 648F(1). 30 `(4) The applicant or person who requested compliance 31 assessment must comply with a notice under subsection (2) as 32 soon as practicable. 33 Page 23
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 21] `(5) If land is to be given under subsection (2) to the local 1 government for public parks infrastructure or local 2 community facilities, the land must be given on trust. 3 `648L Adopted infrastructure charge taken to be rates 4 `(1) An adopted infrastructure charge levied by a local government 5 is, for the purposes of recovery, taken to be rates within the 6 meaning of the Local Government Act. 7 `(2) However, if the local government and an applicant or person 8 who requested compliance assessment enter into a written 9 agreement stating the charge is a debt owing to it by the 10 applicant or person, subsection (1) does not apply.'. 11 Clause 21 Amendment of s 649 (Conditions local governments may 12 impose for necessary trunk infrastructure) 13 (1) Section 649(1), after `plan'-- 14 insert-- 15 `or an adopted infrastructure charges resolution of the local 16 government'. 17 (2) Section 649(2), after `plan'-- 18 insert-- 19 `or the resolution'. 20 (3) Section 649(6)(a), `or regulated infrastructure charge'-- 21 omit, insert-- 22 `, regulated infrastructure charge or adopted infrastructure 23 charge'. 24 (4) Section 649(6)(b)(ii), `under'-- 25 omit, insert-- 26 `as an adopted infrastructure charge or under'. 27 (5) Section 649(7), `633 or 643'-- 28 Page 24
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 22] omit, insert-- 1 `633, 643 or 648F'. 2 Clause 22 Amendment of s 650 (Conditions local governments may 3 impose for additional trunk infrastructure costs) 4 (1) Section 650(1)(b)(i), `or regulated infrastructure charges'-- 5 omit, insert-- 6 `, regulated infrastructure charges or adopted infrastructure 7 charges'. 8 (2) Section 650(8)(a), `the infrastructure charges schedule'-- 9 omit, insert-- 10 `an infrastructure charges schedule or adopted infrastructure 11 charges resolution'. 12 Clause 23 Amendment of s 653 (Conditions State infrastructure 13 provider may impose) 14 (1) Section 653(3)(a) and (b), after `plan'-- 15 insert-- 16 `or an adopted infrastructure charges resolution'. 17 (2) Section 653(4)(a), after `charge'-- 18 insert-- 19 `or adopted infrastructure charge'. 20 Clause 24 Amendment of s 655 (Requirements for conditions about 21 additional infrastructure costs) 22 Section 655(3), `trunk'-- 23 omit. 24 Page 25
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 25] Clause 25 Amendment of s 659 (Sale of particular land held on trust 1 by local governments) 2 Section 659(1)(c)(i), after `charge'-- 3 insert-- 4 `, regulated infrastructure charge or adopted infrastructure 5 charge'. 6 Clause 26 Amendment of s 660 (Definition for pt 2) 7 Section 660, definition infrastructure agreement-- 8 insert-- 9 `� section 648K 10 � section 648L'. 11 Clause 27 Amendment of s 665 (Infrastructure agreements prevail if 12 inconsistent with particular instruments) 13 (1) Section 665(2)(c)-- 14 renumber as section 665(2)(d). 15 (2) Section 665(2)-- 16 insert-- 17 `(c) an adopted infrastructure charges notice or negotiated 18 adopted infrastructure charges notice;'. 19 Clause 28 Amendment of s 675 (Definition for pt 4) 20 Section 675, definition relevant appeal period, `or 21 regulated'-- 22 omit, insert-- 23 `, adopted infrastructure charges notice or regulated'. 24 Clause 29 Amendment of s 676 (Application of pt 4) 25 Section 676, `or regulated'-- 26 Page 26
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 30] omit, insert-- 1 `, adopted infrastructure charges notice or regulated'. 2 Clause 30 Amendment of s 678 (Consideration of representations) 3 Section 678, `or regulated'-- 4 omit, insert-- 5 `, adopted infrastructure charges notice or regulated'. 6 Clause 31 Amendment of s 679 (Decision about representations) 7 (1) Section 679(1)(c)-- 8 renumber as section 679(1)(d). 9 (2) Section 679(1)-- 10 insert-- 11 `(c) for representations about an adopted infrastructure 12 charges notice--a new adopted infrastructure charges 13 notice (the negotiated adopted infrastructure charges 14 notice); or'. 15 (3) Section 679(2) and (3), `or negotiated'-- 16 omit, insert-- 17 `, negotiated adopted infrastructure charges notice or 18 negotiated'. 19 Clause 32 Amendment of s 680 (Suspension of relevant appeal 20 period) 21 (1) Section 680(1), `or regulated'-- 22 omit, insert-- 23 `, adopted infrastructure charges notice or regulated'. 24 (2) Section 680(4)(c), `or negotiated'-- 25 omit, insert-- 26 Page 27
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 33] `, negotiated adopted infrastructure charges notice or 1 negotiated'. 2 Clause 33 Amendment of s 724 (Documents local government must 3 keep available for inspection and purchase--general) 4 (1) Section 724(1)-- 5 insert-- 6 `(ta) a register (the adopted infrastructure charges register) 7 of all adopted infrastructure charges levied by the local 8 government;'. 9 (2) Section 724(1)(u), after `adopted'-- 10 insert-- 11 `, or adopted infrastructure charges resolution made,'. 12 (3) Section 724(3), `and the regulated infrastructure charges 13 register'-- 14 omit, insert-- 15 `, regulated infrastructure charges register and adopted 16 infrastructure charges register'. 17 (4) Section 724(3)(e), before `the'-- 18 insert-- 19 `if relevant,'. 20 Clause 34 Amendment of s 738 (Limited planning and development 21 certificates) 22 Section 738(b)-- 23 insert-- 24 `Note-- 25 A State planning regulatory provision (adopted charges) may 26 apply to the premises.'. 27 Page 28
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 35] Clause 35 Amendment of s 739 (Standard planning and 1 development certificates) 2 Section 739(h), `or regulated infrastructure charges 3 register'-- 4 omit, insert-- 5 `, regulated infrastructure charges register or adopted 6 infrastructure charges register'. 7 Clause 36 Amendment of s 755A (Definitions for pt 7A) 8 Section 755A-- 9 insert-- 10 `standard amount, for a distributor-retailer in relation to a 11 charge for trunk infrastructure for its water service or 12 wastewater service, means-- 13 (a) if its participating local government for the area in 14 relation to which the trunk infrastructure for the charge 15 is supplied has made an adopted infrastructure charges 16 resolution--the amount of the distributor-retailer's 17 relevant proportion of the adopted infrastructure charge 18 immediately before the resolution takes effect; or 19 (b) if paragraph (a) does not apply--the 20 distributor-retailer's relevant proportion of the adopted 21 infrastructure charge under section 648A(1)(b). 22 standard charge day, for a distributor-retailer, means the day 23 a State planning regulatory provision (adopted charges) first 24 has effect.'. 25 Clause 37 Amendment of s 755J (Conditions about non-trunk 26 infrastructure) 27 Section 755J, `626'-- 28 omit, insert-- 29 `626 or 626A'. 30 Page 29
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 38] Clause 38 Amendment of s 755K (Funding trunk infrastructure) 1 (1) Section 755K, heading, after `infrastructure'-- 2 insert-- 3 `--levying charge before standard charge day'. 4 (2) Section 755K(1), `may levy'-- 5 omit, insert-- 6 `may, until the standard charge day for the distributor-retailer, 7 levy'. 8 Clause 39 Insertion of new ss 755KA and 755KB 9 After section 755K-- 10 insert-- 11 `755KA Distributor-retailer may decide matters about 12 adopted infrastructure charge 13 `(1) A distributor-retailer's board may decide-- 14 (a) to adopt a charge for supplying trunk infrastructure in 15 relation to its water service or wastewater service that is 16 not more than the amount of the distributor-retailer's 17 relevant proportion of the maximum adopted charge for 18 the infrastructure; and 19 (b) to adopt a charge for supplying trunk infrastructure in 20 relation to its water service or wastewater service in a 21 part of its geographic area that is not more than the 22 amount of the distributor-retailer's relevant proportion 23 of the maximum adopted charge for the infrastructure in 24 the part of the geographic area; and 25 (c) that an adopted infrastructure charge does not apply for 26 supplying trunk infrastructure in relation to its water 27 service or wastewater service in its geographic area or a 28 part of its geographic area. 29 `(2) In this section-- 30 Page 30
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 39] geographic area, for a distributor-retailer, means the 1 distributor-retailer's geographic area under the SEQ Water 2 Act. 3 `755KB Funding trunk infrastructure--levying charge on and 4 from standard charge day 5 `(1) For this Act, a distributor-retailer may, on and from the 6 standard charge day for the distributor-retailer, levy a charge 7 for supplying trunk infrastructure in relation to its water 8 service or wastewater service. 9 `(2) The amount of the charge levied must be-- 10 (a) if the distributor-retailer's board has decided to adopt a 11 charge under section 755KA(1)(a) or (b)--the adopted 12 charge; or 13 (b) otherwise--the distributor-retailer's standard amount 14 for the trunk infrastructure. 15 `(3) For subsection (1), a distributor-retailer may give a person an 16 adopted infrastructure charges notice under section 648F(1). 17 `(4) The adopted infrastructure charges notice may be given only 18 in relation to a development approval or compliance permit. 19 `(5) The distributor-retailer must give the notice to the applicant or 20 the person who requested compliance assessment-- 21 (a) within 10 business days after the distributor-retailer 22 receives a copy of the approval or permit; or 23 (b) for a deemed approval for which a decision notice has 24 not been given--within 20 business days after receiving 25 a copy of the deemed approval notice. 26 `(6) The charge is not recoverable unless the entitlements under 27 the approval or permit are exercised. 28 `(7) The notice lapses if the approval or permit stops having effect. 29 `(8) If a negotiated decision notice is given for a development 30 application (distributor-retailer) and section 364(1) applies in 31 relation to the negotiated decision notice, the 32 distributor-retailer may give the applicant a new adopted 33 Page 31
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 40] infrastructure charges notice under section 648F(1) to replace 1 the original notice.'. 2 Clause 40 Insertion of new s 755MA 3 After section 755M-- 4 insert-- 5 `755MA Agreements about, and alternatives to, paying 6 adopted infrastructure charge 7 `(1) Subsection (2) applies if the relevant local government for a 8 distributor-retailer has a priority infrastructure plan. 9 `(2) Despite section 755KB, a person to whom an adopted 10 infrastructure charges notice or a negotiated adopted 11 infrastructure charges notice has been given and the 12 distributor-retailer may enter into a written agreement about 1 13 or more of the following-- 14 (a) whether the charge may be paid at a different time from 15 the time stated in the notice, and whether it may be paid 16 by instalments; 17 (b) whether infrastructure may be supplied instead of 18 paying all or part of the charge; 19 (c) whether infrastructure that delivers the same standard of 20 service as that stated in the priority infrastructure plan 21 for the land to which the charge applies may be supplied 22 instead of the infrastructure identified in the priority 23 infrastructure plan; 24 (d) whether land in fee simple may be given instead of 25 paying the charge or part of the charge. 26 `(3) For development infrastructure that is land, the 27 distributor-retailer may give the applicant or the person who 28 requested compliance assessment a notice, in addition to, or 29 instead of, the adopted infrastructure charges notice, requiring 30 the person to-- 31 Page 32
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 40] (a) give the distributor-retailer, in fee simple, part of the 1 land the subject of the development application or 2 request for compliance assessment; or 3 (b) give the distributor-retailer-- 4 (i) in fee simple, part of the land the subject of the 5 development application or request for compliance 6 assessment; and 7 (ii) part of an adopted infrastructure charge. 8 `(4) If the applicant or person who requested compliance 9 assessment is required to give land under subsection (3)(a), or 10 a combination of land and a charge under subsection (3)(b), 11 the total value of the contribution must not be more than the 12 amount of the adopted infrastructure charge payable to the 13 distributor-retailer. 14 `(5) The applicant or person who requested compliance 15 assessment must comply with the notice as soon as 16 practicable. 17 `(6) Subsection (7) applies if the relevant local government for a 18 distributor-retailer does not have a priority infrastructure plan. 19 `(7) Despite section 755KB, a person to whom an adopted 20 infrastructure charges notice or a negotiated adopted 21 infrastructure charges notice has been given and the 22 distributor-retailer may enter into a written agreement about 1 23 or more of the following-- 24 (a) whether the charge may be paid at a different time from 25 the time stated in the notice, and whether it may be paid 26 by instalments; 27 (b) whether infrastructure may be supplied instead of 28 paying all or part of the charge; 29 (c) whether land in fee simple may be given instead of 30 paying the charge or part of the charge. 31 `(8) For this Act, an agreement, as amended from time to time, 32 mentioned in subsection (2) or (7) is an infrastructure 33 agreement.'. 34 Page 33
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 41] Clause 41 Amendment of s 755O (Application of particular 1 provisions--generally) 2 (1) Section 755O(1)(e) and (f)-- 3 renumber as section 755O(f) and (g). 4 (2) Section 755O(1)-- 5 insert-- 6 `(e) sections 648H to 648J;'. 7 Clause 42 Amendment of s 755P (Application of ss 636 and 646) 8 (1) Section 755P, heading, `and 646'-- 9 omit, insert-- 10 `, 646 and 648J'. 11 (2) Section 755P, `and 646'-- 12 omit, insert-- 13 `, 646 and 648J'. 14 Clause 43 Amendment of s 755W (Appeals about infrastructure 15 charge or regulated infrastructure charge) 16 (1) Section 755W, heading, `or regulated infrastructure charge'-- 17 omit, insert-- 18 `, regulated infrastructure charge or adopted 19 infrastructure charge'. 20 (2) Section 755W, `or regulated infrastructure charges notice'-- 21 omit, insert-- 22 `, regulated infrastructure charges notice or adopted 23 infrastructure charges notice'. 24 Clause 44 Insertion of new ch 10, pt 4 25 Chapter 10-- 26 Page 34
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 44] insert-- 1 `Part 4 Transitional provisions for 2 Sustainable Planning (Housing 3 Affordability and Infrastructure 4 Charges Reform) Amendment 5 Act 2011 6 `879 Extended application of s 856 for adopted 7 infrastructure charge 8 `Section 856 applies to an agreement mentioned in section 9 856(1) as if the reference in section 856(3)(c) to an 10 infrastructure charge included a reference to an adopted 11 infrastructure charge. 12 `880 When local government must not levy particular 13 charges for infrastructure 14 `(1) This section applies-- 15 (a) on the day a State planning regulatory provision 16 (adopted charges) first has effect; and 17 (b) until the day the State planning regulatory provision 18 ceases to have effect. 19 `(2) A local government must not-- 20 (a) levy an infrastructure charge or regulated infrastructure 21 charge under chapter 8, part 1, division 4 or 5; or 22 (b) impose a condition under a planning scheme policy to 23 which section 847 applies. 24 `(3) Subsection (2)-- 25 (a) applies despite chapter 8, part 1, division 4 or 5 and 26 sections 847 and 848; and 27 (b) does not stop a local government-- 28 Page 35
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 44] (i) collecting an infrastructure charge or regulated 1 infrastructure charge lawfully levied by the local 2 government; or 3 (ii) collecting an infrastructure contribution payable 4 under a condition lawfully imposed under a 5 planning scheme policy to which section 847 6 applies; and 7 (c) does not stop a local government giving a new notice 8 under section 185(8) or 364; and 9 (d) does not affect a right or liability, or action that can be 10 taken, under this Act in relation to a charge or 11 infrastructure contribution mentioned in paragraph (b). 12 `881 Effect of local government resolution made before 13 commencement of amending Act 14 `(1) This section applies to a resolution made by a local 15 government before the commencement of the amending Act, 16 part 3, if the resolution provides for any matters mentioned in 17 section 648D(1). 18 `(2) For this Act, the resolution is taken-- 19 (a) to be an adopted infrastructure charges resolution; and 20 (b) to have effect-- 21 (i) immediately after a State planning regulatory 22 provision (adopted charges) first has effect; or 23 (ii) if a later day is stated in the resolution for that 24 purpose--the later day. 25 `(3) However, the resolution is taken to be of no effect to the extent 26 a charge adopted under the resolution for particular 27 development or a part of the local government's area is more 28 than the maximum adopted charge for the development or 29 part. 30 `(4) Section 648D(2) to (4) and (6) to (8) applies in relation to the 31 local government and the resolution as if the reference in 32 section 648D(3) to `the local government makes an adopted 33 Page 36
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 45] infrastructure charges resolution' were a reference to `the 1 commencement of the amending Act, part 3'. 2 `(5) In this section-- 3 amending Act means the Sustainable Planning (Housing 4 Affordability and Infrastructure Charges Reform) Amendment 5 Act 2011.'. 6 Clause 45 Amendment of sch 3 (Dictionary) 7 (1) Schedule 3, definitions, establishment cost and trunk 8 infrastructure-- 9 omit. 10 (2) Schedule 3-- 11 insert-- 12 `adopted infrastructure charge see section 648A. 13 adopted infrastructure charges notice see section 648F(1). 14 adopted infrastructure charges register see section 15 724(1)(ta). 16 adopted infrastructure charges resolution means a resolution 17 made under section 648D(1) that is in effect. 18 adopted infrastructure charges schedule see section 19 648B(3). 20 establishment cost-- 21 1 Establishment cost, in relation to a trunk infrastructure 22 network, means-- 23 (a) for future infrastructure--all costs for the design, 24 financing and construction of the infrastructure and 25 for land acquisition for the infrastructure; and 26 (b) for existing infrastructure-- 27 (i) the residual financing cost of the existing 28 infrastructure; and 29 Page 37
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 45] (ii) the cost of reconstructing the same works 1 using contemporary materials, techniques 2 and technologies; and 3 (iii) if the land acquisition for the infrastructure 4 was completed after 1 January 1990--the 5 value of the land at the time it was acquired, 6 adjusted for inflation. 7 2 Establishment cost, in relation to a trunk infrastructure 8 network, includes-- 9 (a) the cost of preparing an infrastructure charges 10 schedule, including the desired standards of 11 service and plans for trunk infrastructure used to 12 calculate the charges stated in the infrastructure 13 charges schedule; and 14 (b) ongoing administration costs for the infrastructure 15 charges schedule for the infrastructure. 16 maximum adopted charge, in relation to trunk infrastructure, 17 means the maximum adopted charge for the infrastructure, as 18 amended from time to time under section 648C, under the 19 State planning regulatory provision (adopted charges). 20 negotiated adopted infrastructure charges notice see section 21 679(1)(c). 22 relevant proportion, of an adopted infrastructure charge for 23 trunk infrastructure, means the proportion of the adopted 24 infrastructure charge under section 648A(1)(b) that is-- 25 (a) agreed to under section 648G(2) by a distributor-retailer 26 and its participating local government for the area in 27 relation to which the trunk infrastructure is supplied; or 28 (b) if paragraph (a) does not apply--stated under a State 29 planning regulatory provision (adopted charges). 30 standard amount see section 755A. 31 standard charge day, for chapter 9, part 7A, see section 755A. 32 State planning regulatory provision (adopted charges) see 33 section 648B(5). 34 Page 38
Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Bill 2011 Part 4 Amendment of Sustainable Planning Act 2009 [s 45] trunk infrastructure, for a local government, means-- 1 (a) if the local government's planning scheme includes a 2 priority infrastructure plan--development infrastructure 3 identified in the plan as trunk infrastructure; or 4 (b) if an adopted infrastructure charges resolution identifies 5 trunk infrastructure for the local government's area--the 6 trunk infrastructure identified in the resolution; or 7 (c) otherwise--development infrastructure, other than 8 development infrastructure for which a condition has 9 been imposed under section 626A.'. 10 (3) Schedule 3, definition desired standard of service, `the 11 priority'-- 12 omit, insert-- 13 `an adopted infrastructure charges resolution or the priority'. 14 (4) Schedule 3, definition negotiated regulated State 15 infrastructure charges notice, `679(1)(c)'-- 16 omit, insert-- 17 `679(1)(d)'. 18 (5) Schedule 3, definition priority infrastructure area-- 19 insert-- 20 `Note-- 21 A priority infrastructure area may be identified in a priority 22 infrastructure plan or a State planning regulatory provision (adopted 23 charges).'. 24 � State of Queensland 2011 Page 39
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