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Queensland
Sustainable Planning
(Infrastructure Charges) and
Other Legislation Amendment
Bill 2014
Queensland
Sustainable Planning (Infrastructure
Charges) and Other Legislation
Amendment Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Sustainable Planning Act 2009
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Replacement of ch 3, pt 2, div 4, hdg. . . . . . . . . . . . . . . . . . . . . . 12
Division 4 Provisions about reviewing planning schemes
generally
Subdivision 1 Reviewing planning schemes
5 Insertion of new ch 3, pt 2, div 4, sdiv 2 . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2 LGIP review
94A Requirement to review LGIP . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 117 (Process for making or amending local
planning instruments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 335 (Content of decision notice) . . . . . . . . . . . . 14
8 Amendment of s 347 (Conditions that can not be imposed) . . . . 15
9 Replacement of s 478 (Appeals about particular charges for
infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
478 Appeals about infrastructure charges notice . . . . . . . 15
478A Appeals against refusal of conversion application . . . 17
10 Replacement of ss 502-504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
502 Committee membership . . . . . . . . . . . . . . . . . . . . . . . 17
503 Membership continuity for proceeding . . . . . . . . . . . . 18
11 Amendment of s 505 (Referee with conflict of interest not to be
member of committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Replacement of s 535 (Appeals about charges for infrastructure) 18
Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
535 Appeals about infrastructure charges decisions. . . . . 18
535A Appeals against refusal of conversion application . . . 19
13 Replacement of s 554 (Establishing a building and development
committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
554 Action when committee proceeding starts . . . . . . . . . 20
554A Power to excuse irregularities. . . . . . . . . . . . . . . . . . . 21
554B Power to suspend committee proceeding to form
another committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
554C Power if committee unable to decide proceedings . . . 22
14 Insertion of new s 569A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
569A Power to refund fees for committee proceeding ended
by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
15 Amendment of s 570 (Appointment of referees). . . . . . . . . . . . . . 24
16 Replacement of s 572 (Term of referee's appointment) . . . . . . . . 24
572 Term of referee's appointment . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 573 (General referee to make declaration) . . . . 25
18 Replacement of ch 8 (Infrastructure) . . . . . . . . . . . . . . . . . . . . . . 25
Chapter 8 Infrastructure
Part 1 Preliminary
625 Simplified outline of chapter . . . . . . . . . . . . . . . . . . . . 25
626 Extension of chapter to permissible changes and
compliance assessment . . . . . . . . . . . . . . . . . . . . . . . 26
627 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
628 References in ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 2 Provisions for local governments
Division 1 Charges for trunk infrastructure
Subdivision 1 Power to adopt charges
629 State planning regulatory provision governing charges 35
630 Power to adopt charges by resolution . . . . . . . . . . . . 36
Subdivision 2 Charges resolutions
631 Contents--general . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
632 Provisions for participating local governments and
distributor-retailers . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
633 Working out cost of infrastructure for offset or refund 39
634 Steps after making charges resolution . . . . . . . . . . . 39
Subdivision 3 Levying charges
635 When charge may be levied and recovered . . . . . . . . 40
Page 2
Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
636 Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . 42
637 Requirements for infrastructure charges notice . . . . . 42
Subdivision 4 Payment
638 Payment triggers generally . . . . . . . . . . . . . . . . . . . . . 43
639 Agreements about payment or provision instead of
payment ............................... 43
Subdivision 5 Changing charges during relevant appeal
period
640 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 44
641 Submissions for infrastructure charges notice . . . . . . 44
642 Consideration of submissions . . . . . . . . . . . . . . . . . . 44
643 Decision about submissions. . . . . . . . . . . . . . . . . . . . 44
644 Suspension of relevant appeal period . . . . . . . . . . . . 45
Division 2 Development approval conditions about trunk
infrastructure
Subdivision 1 Conditions for necessary trunk infrastructure
645 Application and operation of sdiv 1 . . . . . . . . . . . . . . 46
646 Necessary infrastructure condition for LGIP-identified
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
647 Necessary infrastructure condition for other
infrastructure ........................... 47
648 Deemed compliance with necessary or reasonable
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
649 Offset or refund requirements . . . . . . . . . . . . . . . . . . 48
Subdivision 2 Conditions for additional trunk infrastructure
costs
650 Power to impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
651 Content of additional payment condition . . . . . . . . . . 50
652 Restriction if development completely in PIA . . . . . . . 51
653 Other area restrictions . . . . . . . . . . . . . . . . . . . . . . . . 52
654 Refund if development in PIA . . . . . . . . . . . . . . . . . . . 53
655 Refund if development approval ceases. . . . . . . . . . . 53
656 Additional payment condition does not affect other
powers ............................... 54
Subdivision 3 Working out cost for required offset or refunds
657 Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 3 Miscellaneous provisions about trunk
infrastructure
Page 3
Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
Subdivision 1 Conversion of particular non-trunk
infrastructure before construction starts
658 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 55
659 Application to convert infrastructure to trunk
infrastructure .......................... 55
660 Deciding conversion application . . . . . . . . . . . . . . . . . 56
661 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
662 Effect of and action after conversion . . . . . . . . . . . . . 57
Subdivision 2 Other provisions
663 Financial provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 58
664 Levied charge taken to be rates . . . . . . . . . . . . . . . . . 58
Division 4 Non-trunk infrastructure
665 Conditions local governments may impose . . . . . . . . 59
Part 3 Provisions for State infrastructure providers
666 Power to impose conditions about infrastructure . . . . 59
667 Content requirements for condition . . . . . . . . . . . . . . 61
668 Refund if State-related condition ceases . . . . . . . . . . 61
669 Reimbursement by local government for replacement
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Part 4 Infrastructure agreements
670 Infrastructure agreement . . . . . . . . . . . . . . . . . . . . . . 63
671 Obligation to negotiate in good faith . . . . . . . . . . . . . . 63
672 Content of infrastructure agreement. . . . . . . . . . . . . . 64
673 Copy of infrastructure agreement to be given to local
government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
674 When infrastructure agreement binds successors in title 65
675 Exercise of discretion unaffected by infrastructure
agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
676 Infrastructure agreement prevails over approval and
charges notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
677 Agreement for infrastructure partnerships . . . . . . . . . 66
Part 5 Miscellaneous
678 Sale of particular local government land held on trust 67
679 Trunk infrastructure not identified . . . . . . . . . . . . . . . . 68
19 Insertion of new ch 10, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 11 Savings and transitional provisions for
Sustainable Planning (Infrastructure Charges)
and Other Legislation Amendment Act 2014
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
Division 1 Purpose of part and definitions
974 Purpose of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
975 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2 Saving provisions
976 Deferment of LGIP requirement for existing planning
schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
977 Existing notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
978 Existing charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
979 Charges resolutions until 1 July 2016 . . . . . . . . . . . . 72
980 Existing land transfer requirements in lieu of charge . 73
981 Undecided appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 3 Transitional provisions
982 PIP to LGIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
983 Existing SPRP for adopted charges . . . . . . . . . . . . . . 74
984 Existing application for development approval . . . . . . 74
985 Existing agreements under s 648G . . . . . . . . . . . . . . 75
986 Infrastructure charges register . . . . . . . . . . . . . . . . . . 75
987 Infrastructure agreements . . . . . . . . . . . . . . . . . . . . . 75
988 Consequential provisions . . . . . . . . . . . . . . . . . . . . . 76
Division 4 Other provisions
989 Regulated infrastructure charges schedule . . . . . . . . 76
990 Transitional regulation-making power . . . . . . . . . . . . 76
20 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 3 Amendment of other Acts
Division 1 South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009
21 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
22 Amendment of s 99BOB (Charges schedules for distributor-retailers) 81
23 Amendment of s 99BRAG (Decision generally) . . . . . . . . . . . . . . 81
24 Amendment of s 99BRAI (Decision notice) . . . . . . . . . . . . . . . . . 82
25 Amendment of s 99BRAJ (Water approval conditions must be
relevant and reasonable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
26 Amendment of s 99BRAK (Power to amend) . . . . . . . . . . . . . . . . 82
27 Insertion of new s 99BRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
99BRAM Water infrastructure agreement terms become water
approval conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . 83
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
28 Amendment of s 99BRAT (Assessment of connections, water
approvals and works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
29 Amendment of s 99BRAU (Requests for standard connections) . 84
30 Amendment of s 99BRAW (Meaning of interested person and
original decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
31 Replacement of s 99BRAX (Meaning of standard appeal period) 85
99BRAX Other definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . 85
32 Amendment of s 99BRBA (Requirements for making internal
review application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
33 Amendment of s 99BRBC (Notice of review decision) . . . . . . . . . 86
34 Amendment of s 99BRBD (Internal review stops particular actions) 86
35 Amendment of ch 4C, pt 4, div 3, hdg and s 99BRBE . . . . . . . . . 87
36 Amendment of s 99BRBF (Appeals about applications for
connections--particular charges). . . . . . . . . . . . . . . . . . . . . . . . . 87
37 Insertion of new s 99BRBFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
99BRBFA Appeals against refusal of conversion application . . . 88
38 Amendment of s 99BRBG (Application of relevant committee
appeal provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
39 Amendment of s 99BRBK (Registrar must ask distributor-retailer
for material in particular proceedings) . . . . . . . . . . . . . . . . . . . . . 89
40 Amendment of s 99BRBL (Lodging appeal stops particular actions) 90
41 Amendment of s 99BRBO (Appeals about applications for
connections--particular charges). . . . . . . . . . . . . . . . . . . . . . . . . 90
42 Insertion of new s 99BRBOA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
99BRBOA Appeals against refusal of conversion application . . . 91
43 Amendment of s 99BRBV (Lodging appeal stops particular actions) 92
44 Renumbering of ss 99BRDD and 99BRDE . . . . . . . . . . . . . . . . . 92
45 Insertion of new ch 4C, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 7 Water infrastructure
Division 1 Preliminary
99BRCC Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 2 Infrastructure charges schedule
99BRCD Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
99BRCE Schedule of charges to be adopted . . . . . . . . . . . . . . 94
Division 3 Charges for trunk infrastructure
Subdivision 1 Power to adopt charges
99BRCF Power to adopt charges by board decision. . . . . . . . . 95
Subdivision 2 Board decision
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
99BRCG Matters for board decision . . . . . . . . . . . . . . . . . . . . . 96
99BRCH Working out cost of infrastructure for offset or refund 97
Subdivision 3 Levying charges
99BRCI When charge may be levied and recovered . . . . . . . . 98
99BRCJ Limitation of levied charge . . . . . . . . . . . . . . . . . . . . . 99
99BRCK Requirements for infrastructure charges notice . . . . . 100
Subdivision 4 Payment
99BRCL Payment triggers generally . . . . . . . . . . . . . . . . . . . . . 101
99BRCM Agreements about payment or provision instead of
payment ............................... 101
Subdivision 5 Changing charges
99BRCN Application of Planning Act, ch 8, pt 2, div 1, sdiv 5. . 102
Subdivision 6 Miscellaneous
99BRCO Distributor-retailer may supply different trunk
infrastructure from that identified in a water netserv plan 102
Division 4 Water approval conditions about trunk
infrastructure
Subdivision 1 Conditions for necessary trunk infrastructure
99BRCP Application and operation of sdiv 1 . . . . . . . . . . . . . . 103
99BRCQ Necessary infrastructure condition for infrastructure
identified in water netserv plan. . . . . . . . . . . . . . . . . . 103
99BRCR Necessary infrastructure condition for other
infrastructure .......................... 104
99BRCS Deemed compliance with reasonable or relevant
requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
99BRCT Offset or refund requirements . . . . . . . . . . . . . . . . . . 105
Subdivision 2 Conditions for additional trunk infrastructure
costs
99BRCU Power to impose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
99BRCV Content of additional payment condition . . . . . . . . . . 107
99BRCW Restriction if connection completely in connection
area and future connection area . . . . . . . . . . . . . . . . 108
99BRCX Other area restrictions . . . . . . . . . . . . . . . . . . . . . . . . 109
99BRCY Refund if connection in connection area and future
connection area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
99BRCZ Refund if water approval ceases . . . . . . . . . . . . . . . . 110
99BRDA Additional payment condition does not affect other
powers ................................ 111
Subdivision 3 Miscellaneous provisions
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
99BRDB No conditions on State infrastructure suppliers . . . . . 111
99BRDC Working out cost for required offset or refund . . . . . . 111
Division 5 Miscellaneous provisions about trunk
infrastructure
Subdivision 1 Conversion of particular non-trunk
infrastructure before construction starts
99BRDD Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 112
99BRDE Application to convert infrastructure to trunk
infrastructure .......................... 113
99BRDF Deciding conversion application . . . . . . . . . . . . . . . . . 113
99BRDG Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
99BRDH Effect of and action after conversion . . . . . . . . . . . . . 114
Subdivision 2 Other provisions
99BRDI Application of levied charge . . . . . . . . . . . . . . . . . . . . 115
Division 6 Non-trunk infrastructure
99BRDJ Conditions distributor-retailers may impose . . . . . . . . 116
Division 7 Water infrastructure agreements
99BRDK Water infrastructure agreement . . . . . . . . . . . . . . . . . 116
99BRDL Obligation to negotiate in good faith . . . . . . . . . . . . . . 117
99BRDM Content of water infrastructure agreement . . . . . . . . . 117
99BRDN When water infrastructure agreement binds
successors in title . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
99BRDO Water infrastructure agreement prevails over water
approval and infrastructure charges notice . . . . . . . . 119
99BRDP Agreement for infrastructure partnerships . . . . . . . . . 119
46 Amendment of s 99BT (Keeping particular documents available
for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
47 Amendment of s 140 (Schedule of works for distributor-retailers
before 1 October 2014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
48 Insertion of new ch 6, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Part 10 Transitional provisions for Sustainable
Planning (Infrastructure Charges) and Other
Legislation Amendment Act 2014
141 Transitional regulation-making power . . . . . . . . . . . . . 120
49 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 121
Division 2 State Development and Public Works Organisation Act 1971
50 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
51 Amendment of s 24 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 125
52 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
Part 4A Assessment and approval of particular
coordinated projects under bilateral agreement
Division 1 Preliminary
54H Application and purpose of pt 4A . . . . . . . . . . . . . . . . 126
54I Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 2 Coordinated projects to be assessed under
this part
54J Declaration for coordinated project for this part . . . . . 129
54K Application for declaration . . . . . . . . . . . . . . . . . . . . . 130
54L Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 131
54M Cancellation of declaration . . . . . . . . . . . . . . . . . . . . . 131
54N Lapsing of declaration . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 3 Assessment and approval process
54O Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
54P Preparation of draft protected matters report . . . . . . . 132
54Q Public notification of draft protected matters report . . 133
54R Proponent must finalise protected matters report after
public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
54S Coordinator-General may seek further information or
comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
54T Decision about approving undertaking of coordinated
project ................................ 135
54U Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
54V Jurisdiction for conditions . . . . . . . . . . . . . . . . . . . . . . 137
54W Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 138
54X Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
54Y Issuing environmental approval . . . . . . . . . . . . . . . . . 139
Division 4 Amendment of environmental approval
54Z Application for amendment. . . . . . . . . . . . . . . . . . . . . 140
54ZA Coordinator-General may seek further information or
comments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
54ZB Public notification of amendment application . . . . . . . 141
54ZC Deciding amendment application . . . . . . . . . . . . . . . . 142
54ZD Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
54ZE Issuing amended environmental approval . . . . . . . . . 143
Division 5 Cancelling environmental approval
54ZF Cancellation at proponent's request . . . . . . . . . . . . . . 144
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Contents
54ZG Cancellation for grounds including contravention or
unforeseen significant impact . . . . . . . . . . . . . . . . . . . 144
54ZH Notice of proposed cancellation . . . . . . . . . . . . . . . . . 146
54ZI Notice of cancellation decision . . . . . . . . . . . . . . . . . . 146
54ZJ Issuing amended environmental approval . . . . . . . . . 147
Division 6 Offences and compliance
54ZK Failure to comply with environmental approval or
conditions .............................. 147
54ZL Compliance under Environmental Protection Act . . . . 148
54ZM Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Division 7 Miscellaneous
54ZN Fees for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
54ZO Recovering the cost of advice or services for
assessment ............................ 150
53 Amendment of s 173 (Regulation-making power) . . . . . . . . . . . . 150
54 Insertion of new pt 9, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Division 6 Transitional provision for Sustainable Planning
(Infrastructure Charges) and Other Legislation
Amendment Act 2014
195 Particular coordinated projects publicly notified under
pt 4 .................................. 151
55 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 4 Minor and consequential amendments
56 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 155
South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Page 10
2014
A Bill
for
An Act to amend the Sustainable Planning Act 2009 for
particular purposes and to amend the South-East Queensland
Water (Distribution and Retail Restructuring) Act 2009 and the
State Development and Public Works Organisation Act 1971 for
other particular purposes
Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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 4
(Infrastructure Charges) and Other Legislation Amendment 5
Act 2014. 6
Clause 2 Commencement 7
This Act, other than part 3, division 2, commences on a day to 8
be fixed by proclamation. 9
Part 2 Amendment of Sustainable 10
Planning Act 2009 11
Clause 3 Act amended 12
This part amends the Sustainable Planning Act 2009. 13
Note-- 14
See also the amendments in schedule 1. 15
Clause 4 Replacement of ch 3, pt 2, div 4, hdg 16
Chapter 3, part 2, division 4, heading-- 17
omit, insert-- 18
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[s 5]
Division 4 Provisions about 1
reviewing planning 2
schemes generally 3
Subdivision 1 Reviewing planning 4
schemes 5
Clause 5 Insertion of new ch 3, pt 2, div 4, sdiv 2 6
After section 94-- 7
insert-- 8
Subdivision 2 LGIP review 9
94A Requirement to review LGIP 10
(1) Each local government must complete a review 11
of any LGIP included in its planning scheme (an 12
LGIP review) within-- 13
(a) 5 years after the LGIP was included in the 14
planning scheme; and 15
(b) each subsequent 5-year period after 16
completing the review under paragraph (a). 17
(2) In conducting an LGIP review, the local 18
government must consult-- 19
(a) the entities that participated in preparing the 20
LGIP, including departments; and 21
(b) if, under the SEQ Water Act, the local 22
government is a participating local 23
government for a distributor-retailer--the 24
distributor-retailer. 25
(3) However, before consulting under subsection (2), 26
the local government must-- 27
(a) assess the factors affecting the LGIP since 28
the last LGIP review; and 29
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(b) give written notice about any proposed 1
amendments to the LGIP to the entities 2
mentioned in subsection (2)(a) and the 3
distributor-retailer mentioned in subsection 4
(2)(b). 5
(4) An LGIP review is not a review for the purposes 6
of a review under subdivision 1. 7
Clause 6 Amendment of s 117 (Process for making or amending 8
local planning instruments) 9
(1) Section 117, heading, after `for'-- 10
insert-- 11
preparing, 12
(2) Section 117(2)-- 13
renumber as section 117(3). 14
(3) Section 117-- 15
insert-- 16
(2) Without limiting the application of subsection (1) 17
in relation to an LGIP, an LGIP or an amendment 18
of an LGIP must be prepared as required under a 19
guideline-- 20
(a) made by the Minister; and 21
(b) prescribed by regulation. 22
Clause 7 Amendment of s 335 (Content of decision notice) 23
Section 335(1)(e)-- 24
insert-- 25
(iii) for each condition about infrastructure 26
imposed under chapter 8--the 27
provision under which the condition 28
was imposed; 29
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Clause 8 Amendment of s 347 (Conditions that can not be 1
imposed) 2
(1) Section 347(1)(b)-- 3
omit, insert-- 4
(b) other than under chapter 8, part 2 or 3-- 5
require a monetary payment for the 6
establishment, operating or maintenance 7
costs of, or works to be carried out-- 8
(i) for development infrastructure; or 9
(ii) for the imposition of a condition by a 10
State infrastructure provider-- 11
infrastructure or works to protect or 12
maintain the infrastructure operation; 13
or 14
Note-- 15
Chapter 8, parts 2 and 3 deal with 16
infrastructure conditions. 17
(2) Section 347(1)-- 18
insert-- 19
(f) require the applicant to enter into an 20
infrastructure agreement. 21
(3) Section 347(2) and (3)-- 22
omit. 23
Clause 9 Replacement of s 478 (Appeals about particular charges 24
for infrastructure) 25
Section 478-- 26
omit, insert-- 27
478 Appeals about infrastructure charges notice 28
(1) The recipient of an infrastructure charges notice 29
may appeal to the court about the decision to give 30
the notice. 31
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(2) However, the appeal may be made only on 1 or 1
more of the following grounds-- 2
(a) the charge in the notice is so unreasonable 3
that no reasonable relevant local 4
government could have imposed it; 5
(b) the decision involved an error relating to-- 6
(i) the application of the relevant adopted 7
charge; or 8
(ii) the working out, for section 636, of 9
additional demand; or 10
(iii) an offset or refund; 11
(c) there was no decision about an offset or 12
refund. 13
Examples of possible errors in applying an adopted 14
charge-- 15
· the incorrect application of gross floor area for a 16
non-residential development 17
· applying an incorrect `use category' under an 18
SPRP (adopted charges) to the development 19
(3) To remove any doubt, it is declared that the 20
appeal must not be about-- 21
(a) for the application of the relevant adopted 22
charge--the adopted charge itself; or 23
(b) for a decision about an offset or refund-- 24
(i) the establishment cost of infrastructure 25
identified in an LGIP; or 26
(ii) the cost of infrastructure decided using 27
the method included in the local 28
government's charges resolution. 29
(4) The appeal must be started within 20 business 30
days after the day the recipient is given the 31
relevant infrastructure charges notice. 32
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478A Appeals against refusal of conversion 1
application 2
(1) The applicant for a conversion application may 3
appeal to the court against a refusal, or deemed 4
refusal, of the application. 5
(2) The appeal must be started within the following 6
period-- 7
(a) if the applicant is given written notice of the 8
refusal--20 business days after the day the 9
applicant is given the notice; 10
(b) otherwise--20 business days after the end 11
of the required period under section 660(5) 12
for the application. 13
Clause 10 Replacement of ss 502-504 14
Sections 502 to 504-- 15
omit, insert-- 16
502 Committee membership 17
(1) A building and development committee must not 18
consist of more than 5 members. 19
Note-- 20
For the establishment of a building and development 21
committee and the appointment of its chairperson, see 22
section 554. 23
(2) If the committee is to hear only an appeal about a 24
referral agency's response concerning the 25
amenity and aesthetic impact of a building or 26
structure, its chairperson must be an architect. 27
(3) If the committee is to hear only an appeal about 28
an infrastructure charges notice or a conversion 29
application, its chairperson must be a lawyer. 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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503 Membership continuity for proceeding 1
After a building and development committee is 2
established for a committee proceeding, its 3
membership must not be changed, except under 4
section 554B. 5
Clause 11 Amendment of s 505 (Referee with conflict of interest not 6
to be member of committee) 7
(1) Section 505(2)-- 8
renumber as section 505(3). 9
(2) Section 505-- 10
insert-- 11
(2) However, subsection (1) does not apply to a 12
referee merely because the referee previously 13
acted in relation to the preparation of a relevant 14
local planning instrument. 15
Clause 12 Replacement of s 535 (Appeals about charges for 16
infrastructure) 17
Section 535-- 18
omit, insert-- 19
535 Appeals about infrastructure charges 20
decisions 21
(1) The recipient of an infrastructure charges notice 22
may appeal to a building and development 23
committee about the decision to give the notice. 24
(2) However, the appeal may be made only on 1 or 25
more of the following grounds-- 26
(a) the decision involved an error relating to-- 27
(i) the application of the relevant adopted 28
charge; or 29
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(ii) the working out, for section 636, of 1
additional demand; or 2
(iii) an offset or refund; 3
(b) there was no decision about an offset or 4
refund. 5
Examples of possible errors in applying an adopted 6
charge-- 7
· the incorrect application of gross floor area for a 8
non-residential development 9
· applying an incorrect `use category' under an 10
SPRP (adopted charges) to the development 11
(3) To remove any doubt, it is declared that the 12
appeal must not be about-- 13
(a) for the application of the relevant adopted 14
charge--the adopted charge itself; or 15
(b) for a decision about an offset or refund-- 16
(i) the establishment cost of infrastructure 17
in an LGIP; or 18
(ii) the cost of infrastructure decided using 19
the method included in the local 20
government's charges resolution. 21
(4) The appeal must be started within 20 business 22
days after the day the recipient is given the 23
relevant infrastructure charges notice. 24
535A Appeals against refusal of conversion 25
application 26
(1) The applicant for a conversion application may 27
appeal to a building and development committee 28
against a refusal, or deemed refusal, of the 29
application. 30
(2) The appeal must be started within the following 31
period-- 32
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(a) if the applicant is given written notice of the 1
refusal--20 business days after the day the 2
applicant is given the notice; 3
(b) otherwise--20 business days after the end 4
of the required period under section 660(5) 5
for the application. 6
Clause 13 Replacement of s 554 (Establishing a building and 7
development committee) 8
Section 554-- 9
omit, insert-- 10
554 Action when committee proceeding starts 11
(1) This section applies when the registrar of 12
building and development committees receives a 13
document starting a committee proceeding within 14
the period required under this Act and 15
accompanied by the prescribed fee. 16
(2) The chief executive must-- 17
(a) establish a building and development 18
dispute resolution committee for the 19
proceeding; and 20
(b) subject to section 502(2) and (3)--appoint 1 21
of the referees as the committee's 22
chairperson. 23
(3) If a building and development committee is 24
established, the registrar must give each party to 25
the proceeding written notice of the 26
establishment. 27
(4) Despite subsection (2), the chief executive may 28
decide to end the committee proceeding without 29
establishing a building and development 30
committee if satisfied it is not reasonably 31
practicable to do so. 32
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Note-- 1
See section 554C(1), for examples of when it is not 2
reasonably practicable. 3
(5) The chief executive must give all parties to the 4
committee proceeding notice of the decision to 5
end the proceeding. 6
(6) Despite another provision of this Act, a court 7
appeal period for the matter the subject of the 8
ended proceeding only begins when the person 9
who started the ended proceeding is given a 10
notice under subsection (5). 11
554A Power to excuse irregularities 12
(1) This section applies if-- 13
(a) the registrar of building and development 14
committees receives a document purporting 15
to start a committee proceeding, 16
accompanied by the prescribed fee; and 17
(b) either of the following applies (the 18
noncompliance) -- 19
(i) the document was not lodged within 20
the period required under this Act; 21
(ii) the document does not otherwise 22
comply with requirements under this 23
Act for validly starting a proceeding of 24
that type. 25
(2) The registrar must, in writing, refer the document 26
to the chief executive together with the registrar's 27
reasons for deciding there is a noncompliance. 28
(3) The chief executive must-- 29
(a) consider the document and the 30
noncompliance and decide whether the 31
noncompliance would cause substantial 32
injustice to anyone who would be a party to 33
the committee proceeding; and 34
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 13]
(b) give written notice to the registrar about the 1
decision. 2
Example of no substantial injustice-- 3
A notice of appeal contains an incorrect real 4
property description of the land the subject of the 5
appeal, but an attached supporting document 6
contains the correct one. 7
(4) If the chief executive decides the noncompliance 8
would cause substantial injustice, the registrar 9
must give the person who lodged the document a 10
written notice stating that the document is of no 11
effect because of the noncompliance. 12
(5) If the chief executive does not decide the 13
noncompliance would cause any substantial 14
injustice, the chief executive may act under 15
section 554 as if the noncompliance had not 16
happened. 17
554B Power to suspend committee proceeding to 18
form another committee 19
(1) If the chief executive is satisfied the building and 20
development committee established for a 21
committee proceeding does not have the 22
expertise to hear or decide it, the chief executive 23
may-- 24
(a) decide to suspend the proceeding; and 25
(b) establish another building and development 26
dispute resolution committee for the 27
proceeding. 28
(2) Subsection (1) does not limit section 554C(1)(b). 29
554C Power if committee unable to decide 30
proceedings 31
(1) If the chief executive is satisfied a building and 32
development committee is not able to make a 33
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 14]
decision for a proceeding, the chief executive 1
may-- 2
(a) establish another building and development 3
dispute resolution committee to re-hear the 4
proceeding; or 5
(b) if satisfied it is not reasonably practicable to 6
establish another building and development 7
dispute resolution committee--decide to 8
end the committee proceeding. 9
Examples of when it is not reasonably practicable-- 10
· if there are no general referees or insufficient 11
general referees appointed under section 571, 12
who are not disqualified under section 505(3) 13
· if the referees who are available will not be able 14
to decide the proceeding in a timely way 15
(2) The chief executive must give all parties to the 16
committee proceeding written notice of a 17
decision to end the proceeding. 18
(3) Despite another provision of this Act, a court 19
appeal period for the matter the subject of the 20
ended proceeding starts again when the person 21
who started the ended proceeding is given a 22
notice under subsection (2). 23
Clause 14 Insertion of new s 569A 24
Chapter 7, part 2, division 9-- 25
insert-- 26
569A Power to refund fees for committee 27
proceeding ended by chief executive 28
If, under section 554(4) or 554C(1)(b), the chief 29
executive ends a committee proceeding, the chief 30
executive may, but need not, refund the fee paid to 31
start the proceeding. 32
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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Clause 15 Amendment of s 570 (Appointment of referees) 1
Section 570(2)-- 2
omit, insert-- 3
(2) Also, the chief executive may, by written notice, 4
appoint other persons to be referees if satisfied 5
each person has the qualifications, experience or 6
qualifications and experience to be a referee. 7
Clause 16 Replacement of s 572 (Term of referee's appointment) 8
Section 572-- 9
omit, insert-- 10
572 Term of referee's appointment 11
(1) A person may be appointed-- 12
(a) as a general referee--for the term the 13
Minister considers appropriate, but the term 14
must not be longer than 3 years; and 15
(b) as a referee appointed by the chief 16
executive--for the term the chief executive 17
considers appropriate, but the term must not 18
be longer than 3 years. 19
(2) The term of appointment as mentioned in 20
subsection (1) must be stated in the notice of 21
appointment. 22
(3) A referee may be reappointed. 23
(4) A referee may, at any time, resign the referee's 24
appointment by signed notice given to-- 25
(a) if the Minister appointed the referee--the 26
Minister; or 27
(b) if the chief executive appointed the 28
referee--the chief executive. 29
(5) An appointment may be cancelled at any time 30
by-- 31
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 17]
(a) if the referee is a general referee--the 1
Minister; or 2
(b) otherwise--the chief executive. 3
Clause 17 Amendment of s 573 (General referee to make 4
declaration) 5
(1) Section 573, heading, `General referee'-- 6
omit, insert-- 7
Referee 8
(2) Section 573(1), `general'-- 9
omit. 10
Clause 18 Replacement of ch 8 (Infrastructure) 11
Chapter 8-- 12
omit, insert-- 13
Chapter 8 Infrastructure 14
Part 1 Preliminary 15
625 Simplified outline of chapter 16
(1) Part 1, other than this section, states interpretative 17
provisions. 18
(2) Part 2-- 19
(a) authorises local governments to do the 20
following for development approvals that 21
they give-- 22
(i) for trunk infrastructure, either or both of 23
the following-- 24
(A) adopt, by resolution, charges for 25
development infrastructure and 26
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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levy charges in accordance with 1
the resolution; 2
(B) impose particular conditions 3
about development infrastructure; 4
(ii) for non-trunk infrastructure, impose 5
particular conditions about 6
development infrastructure; and 7
(b) provides for a State planning regulatory 8
provision to govern local government 9
adopted charges and charges by 10
distributor-retailers under the SEQ Water 11
Act for trunk infrastructure. 12
(3) Part 3 authorises State infrastructure providers to 13
impose particular conditions on development 14
approvals about infrastructure. 15
(4) Part 4 provides for agreements between public 16
sector entities and others about infrastructure. 17
(5) Part 5 contains miscellaneous provisions. 18
626 Extension of chapter to permissible changes 19
and compliance assessment 20
(1) A reference in a provision of this chapter to a 21
person or matter as follows (the subject) includes 22
a reference to the other person or matter stated 23
for the subject-- 24
(a) for a development application-- 25
(i) a change request; and 26
(ii) a request for compliance assessment 27
for development; 28
(b) for the applicant for a development 29
approval--a person making a change 30
request or a request for compliance 31
assessment; 32
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
(c) for a development approval--a compliance 1
permit; 2
(d) for the giving of a development 3
approval--the giving of a change approval 4
or compliance permit. 5
(2) The inclusions apply to both general and specific 6
references and with necessary changes for them 7
to apply for change requests and compliance 8
assessment. 9
(3) In applying this chapter to a change approval, 10
parts 2 and 3 apply as if-- 11
(a) the power to give infrastructure charges 12
notices were instead a power to amend, by 13
notice to the applicant for the approval, any 14
infrastructure charges notice for the relevant 15
development approval; and 16
(b) a reference to an infrastructure charges 17
notice were a reference to the infrastructure 18
charges notice as so amended; and 19
(c) a reference to the giving of a development 20
approval were a reference to the giving of 21
the change approval; and 22
(d) a power to impose a particular condition on 23
a development approval were a power to 24
amend the development approval the subject 25
of the change request to impose the 26
particular condition, as well as the power to 27
impose under section 375; and 28
(e) a reference to a development approval, or to 29
a condition of a development approval, were 30
a reference to the relevant development 31
approval as so amended or the condition. 32
(4) In this section-- 33
change approval means the approval under 34
section 375(1) of a change request. 35
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
change request means a request under section 1
369(1) to change a development approval. 2
relevant development approval, for a change 3
approval, means the development approval 4
changed under the change approval. 5
627 Definitions for ch 8 6
In this chapter-- 7
additional payment condition see section 650(1). 8
adopted charge see section 630(1). 9
agreement means an agreement in writing. 10
automatic increase provision see section 11
631(3)(b). 12
charges breakup means the proportion of the 13
maximum adopted charges under this chapter and 14
under the SEQ Water Act as between-- 15
(a) the local government; and 16
(b) a distributor-retailer of the local 17
government. 18
charges resolution see section 630(1). 19
conversion application see section 659(1). 20
development infrastructure means-- 21
(a) land or works, or both land and works, for-- 22
(i) water cycle management infrastructure, 23
including infrastructure for water 24
supply, sewerage, collecting water, 25
treating water, stream managing, 26
disposing of waters and flood 27
mitigation, but not water cycle 28
management infrastructure that is State 29
infrastructure; or 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
(ii) transport infrastructure, including 1
roads, vehicle lay-bys, traffic control 2
devices, dedicated public transport 3
corridors, public parking facilities 4
predominantly serving a local area, 5
cycle ways, pathways and ferry 6
terminals; or 7
(iii) public parks infrastructure, including 8
playground equipment, playing fields, 9
courts and picnic facilities; or 10
(b) land, and works that ensure the land is 11
suitable for development, for local 12
community facilities, including, for 13
example, the following-- 14
(i) community halls or centres; 15
(ii) public recreation centres; 16
(iii) public libraries. 17
establishment cost, for a provision about trunk 18
infrastructure, means the following-- 19
(a) for existing infrastructure-- 20
(i) the value of the infrastructure as 21
reflected in the relevant local 22
government's asset register; and 23
(ii) the current value of the land acquired 24
for the infrastructure; 25
(b) for future infrastructure--all costs of land 26
acquisition, and design and construction, for 27
the infrastructure. 28
impose, for a provision about a condition of a 29
development approval, includes a concurrence 30
agency requiring the condition to be attached to a 31
development approval. 32
information notice, about a decision, means a 33
notice stating-- 34
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 2 Amendment of Sustainable Planning Act 2009
[s 18]
(a) the decision and the reasons for it; and 1
(b) that its recipient may appeal against the 2
decision; and 3
(c) how the recipient may appeal. 4
Note-- 5
For appeals relating to this chapter, see sections 478, 6
478A, 535 and 535A. 7
infrastructure agreement see section 670. 8
infrastructure charges notice means-- 9
(a) if paragraphs (b) and (c) do not apply--an 10
infrastructure charges notice given under 11
section 364(2), 635(2) or 662(4)(a); or 12
(b) if, under section 643(1), a negotiated notice 13
within the meaning of that section replaces 14
an existing infrastructure charges 15
notice--the negotiated notice; or 16
(c) if an existing infrastructure charges notice is 17
amended under section 626(3), 657(3) or 18
662(4)(b)--the notice as amended. 19
levied charge see section 635(6). 20
LGIP (an acronym for local government 21
infrastructure plan) means the part of a local 22
government's planning scheme that, to the extent 23
applicable, does any or all of the following-- 24
(a) identifies the PIA; 25
(b) states assumptions about-- 26
(i) population and employment growth; 27
and 28
(ii) the type, scale, location and timing of 29
future development; 30
(c) includes plans for trunk infrastructure the 31
local government intends to provide or for 32
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
which it intends to give infrastructure 1
charges notices; 2
(d) states the desired standard of service for 3
development infrastructure. 4
maximum adopted charge see section 629(5). 5
necessary infrastructure condition see section 6
645(2). 7
non-rural purposes means purposes other than 8
rural or rural residential purposes. 9
non-trunk infrastructure means development 10
infrastructure other than trunk infrastructure. 11
notice means a notice in writing. 12
original notice see section 640. 13
payer, for a provision about a levied charge or for 14
a payment, means anyone who pays part or all of 15
the charge or payment. 16
payment includes a contribution by way of a 17
payment. 18
PIA (an acronym for priority infrastructure area) 19
means an area-- 20
(a) used, or approved for use, for non-rural 21
purposes; and 22
(b) serviced, or intended to be serviced, with 23
development infrastructure networks; and 24
(c) that will accommodate at least 10 (but no 25
more than 15) years of growth for non-rural 26
purposes. 27
PPI index means the following-- 28
(a) generally--the producer price index for 29
construction 6427.0 (ABS PPI) index 30
number 3101--Road and Bridge 31
construction index for Queensland 32
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
published by the Australian Bureau of 1
Statistics; 2
(b) if an index described in paragraph (a) ceases 3
to be published--another similar index 4
prescribed by regulation. 5
public sector entity does not include a 6
distributor-retailer. 7
relevant appeal period, for a provision about an 8
infrastructure charges notice, means the period 9
within which its recipient may appeal under 10
section 478 or 535. 11
relevant or reasonable requirements means 12
sections 345 and 406. 13
SPRP (adopted charges) see section 629(5). 14
State infrastructure provider means-- 15
(a) the chief executive; or 16
(b) a public sector entity, other than a local 17
government, that provides State 18
infrastructure or administers a regional plan 19
for a designated region. 20
State-related condition see section 666(1). 21
subject premises see section 645(1). 22
submission means written submission. 23
trunk infrastructure, for a provision about a 24
local government, means both of the following-- 25
(a) development infrastructure identified in the 26
LGIP as trunk infrastructure; 27
(b) development infrastructure that, because of 28
a conversion application, becomes trunk 29
infrastructure. 30
Note-- 1
Until 1 July 2016, identification of trunk infrastructure 2
may also take place by resolution. See, for example, 3
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
section 979. 4
628 References in ch 8 5
(1) A reference in a provision of this chapter to a 6
person or matter as follows (the subject) is a 7
reference to the other person or matter stated for 8
the subject-- 9
(a) for `the applicant'-- 10
(i) for a provision about a development 11
approval--the applicant for the 12
approval and anyone else in whom the 13
benefit of the application vests from 14
time to time; or 15
(ii) for a charge matter--the applicant for 16
the relevant development approval; 17
(b) for `the development'-- 18
(i) for a provision about a development 19
approval--the development the subject 20
of the approval; or 21
(ii) for a provision about a condition of a 22
development approval--the 23
development the subject of the 24
development approval of which the 25
condition is a part; or 26
(iii) for a provision about a charge 27
matter--the development the subject of 28
the relevant development approval; 29
(c) for `the land'-- 30
(i) for a provision about a development 31
approval--the land the subject of the 32
approval; or 33
(ii) for a provision about a levied charge or 1
infrastructure charges notice--the land 2
to which the levied charge, or the 3
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 18]
levied charge under the notice, 4
attaches; 5
(d) for `the premises'-- 6
(i) for a provision about a development 7
approval--the land the subject of the 8
approval; or 9
(ii) for a provision about a charge 10
matter--the land the subject of the 11
relevant development approval; 12
(e) for `the PIA'-- 13
(i) for a provision about a local 14
government--the local government's 15
PIA; or 16
(ii) for a provision about a development 17
application or condition of a 18
development approval--the relevant 19
local government's PIA; 20
(f) for `the LGIP'-- 21
(i) for a provision about a local 22
government--the local government's 23
LGIP; or 24
(ii) for a provision about a development 25
application or condition of a 26
development approval--the relevant 27
local government's LGIP. 28
(2) In this section-- 29
charge matter means an adopted charge, 30
infrastructure charges notice or levied charge. 31
relevant development approval, for a charge 32
matter, means the development approval to which 33
the matter relates or will relate. 34
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Part 2 Provisions for local 1
governments 2
Division 1 Charges for trunk 3
infrastructure 4
Subdivision 1 Power to adopt charges 5
629 State planning regulatory provision governing 6
charges 7
(1) A State planning regulatory provision may 8
impose a maximum for each adopted charge-- 9
(a) under this chapter in relation to providing 10
trunk infrastructure for development; or 11
(b) under the SEQ Water Act in relation to 12
providing trunk infrastructure. 13
(2) The Minister may, by gazette notice, change the 14
amount of a maximum adopted charge. 15
(3) Any increase under subsection (2) in a maximum 16
adopted charge over a financial year must not be 17
more than an amount equal to the amount of the 18
maximum adopted charge at the start of the 19
financial year multiplied by the 3-year moving 20
average annual percentage increase in the PPI 21
index for the period of 3 years ending at the start 22
of the financial year. 23
(4) The SPRP (adopted charges) may also-- 24
(a) provide for the charges breakup; and 25
(b) state development for which there may be an 26
adopted charge under this chapter or land 27
uses for which there may be an adopted 28
charge under the SEQ Water Act for trunk 29
infrastructure; and 30
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(c) provide for the parameters mentioned in 1
section 633(2). 2
(5) In this section-- 3
maximum adopted charge means the maximum 4
for an adopted charge imposed under an SPRP 5
(adopted charges) as mentioned in subsection (1) 6
as the amount of that maximum is changed, from 7
time to time, under subsection (2). 8
SPRP (adopted charges) means a State planning 9
regulatory provision that imposes a maximum for 10
each adopted charge under this chapter. 11
630 Power to adopt charges by resolution 12
(1) A local government may, by resolution (a 13
charges resolution), adopt charges (each an 14
adopted charge) for providing trunk 15
infrastructure for development. 16
(2) However-- 17
(a) a charges resolution does not, of itself, levy 18
an infrastructure charge; and 19
(b) the making of a charges resolution is subject 20
to this subdivision and subdivision 2; and 21
(c) an adopted charge must not be for-- 22
(i) work or use of land authorised under 23
the Greenhouse Gas Storage Act 2009, 24
the Mineral Resources Act 1989, the 25
Petroleum Act 1923 or the Petroleum 26
and Gas (Production and Safety) Act 27
2004; or 28
(ii) development in a priority development 29
area under the Economic Development 30
Act 2012. 31
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(3) A charges resolution must state the day when an 1
adopted charge under the resolution is to take 2
effect. 3
Note-- 4
See section 634(2). 5
Subdivision 2 Charges resolutions 6
631 Contents--general 7
(1) An adopted charge may be made only if it is-- 8
(a) permitted under the SPRP (adopted 9
charges); and 10
(b) no more than the maximum adopted charge 11
for providing trunk infrastructure for 12
development. 13
Note-- 14
See also section 632(5). 15
(2) There may be different adopted charges for 16
developments in different parts of the local 17
government's area. 18
(3) Also, a charges resolution may do the 19
following-- 20
(a) declare there is no adopted charge for part or 21
all of the relevant local government area; 22
(b) provide for automatic increases in levied 23
charges from when they are levied to when 24
they are paid (an automatic increase 25
provision). 26
(4) However, an automatic increase provision must 27
state how increases under it are to be worked out. 28
(5) Also, the automatic increase must not be more 29
than the lesser of the following-- 30
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(a) the difference between the levied charge and 1
the maximum adopted charge the local 2
government could have levied for the 3
development when the charge is paid; 4
(b) the increase for the PPI index for the period 5
starting on the day the levied charge was 6
levied and ending on the day it is paid, 7
adjusted by reference to the 3-yearly PPI 8
index average. 9
(6) In this section-- 10
3-yearly PPI index average means the PPI index 11
smoothed in accordance with the 3-year moving 12
average quarterly percentage change between 13
quarters. 14
632 Provisions for participating local governments 15
and distributor-retailers 16
(1) This section applies to each of the following (the 17
parties)-- 18
(a) a local government that, under the SEQ 19
Water Act, is a participating local 20
government for a distributor-retailer; 21
(b) the distributor-retailer. 22
(2) The parties may agree about the charges breakup 23
(a breakup agreement). 24
(3) A breakup agreement prevails over a charges 25
breakup under the SPRP (adopted charges). 26
(4) A charges resolution of the local government 27
must state the charges breakup for all adopted 28
charges under the resolution. 29
(5) However, the adopted charges must not be more 30
than the proportion of the maximum adopted 31
charges the local government may have under-- 32
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(a) a breakup agreement to which it is a party; 1
or 2
(b) if it is not a party to a breakup 3
agreement--the SPRP (adopted charges). 4
(6) Subsection (7) applies if there is a charges 5
resolution of the local government and the parties 6
later enter into a breakup agreement with a 7
different charges breakup from the resolution. 8
(7) The breakup agreement does not take effect until 9
the later of the following-- 10
(a) the local government makes a new charges 11
resolution that reflects the agreement; 12
(b) the distributor-retailer adopts a new 13
infrastructure charge schedule that reflects 14
the agreement. 15
633 Working out cost of infrastructure for offset or 16
refund 17
(1) For the purpose of working out an offset or 18
refund under this part, a charges resolution must 19
include a method for working out the cost of the 20
infrastructure the subject of the offset or refund. 21
(2) The method must be consistent with the 22
parameters for the purpose provided for under-- 23
(a) the SPRP (adopted charges); or 24
(b) if the parameters are not provided for under 25
the SPRP (adopted charges)--a guideline 26
made by the Minister and prescribed by 27
regulation. 28
634 Steps after making charges resolution 29
(1) On making a charges resolution, a local 30
government must-- 31
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(a) upload and keep the resolution on its 1
website; and 2
(b) attach the resolution to each copy of its 3
planning scheme that it gives to, or 4
publishes for, others. 5
Note-- 6
A charges resolution is not part of a planning scheme 7
even if it is attached to the scheme. 8
(2) The charges under the charges resolution take 9
effect-- 10
(a) if the charges resolution is uploaded on the 11
relevant local government website before 12
the beginning of the day stated in the 13
resolution as the day for the charges to take 14
effect--on the day stated in the resolution; 15
or 16
(b) otherwise--on the day the charges 17
resolution is uploaded on the website. 18
Subdivision 3 Levying charges 19
635 When charge may be levied and recovered 20
(1) This section applies if-- 21
(a) a local government has given a development 22
approval; and 23
(b) an adopted charge applies for providing the 24
trunk infrastructure for the development; 25
and 26
(c) section 205 does not apply to the 27
development. 28
(2) The local government must give the applicant an 29
infrastructure charges notice. 30
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Note-- 1
Under section 364, a local government may give a new 2
infrastructure charges notice for a negotiated decision 3
notice. 4
(3) The local government may give the notice only-- 5
(a) generally-- 6
(i) if it is the assessment manager--on, or 7
as soon as practicable after, the giving 8
of the development approval; or 9
(ii) if it is a concurrence agency--within 10
10 business days after it receives a 11
copy of the development approval; or 12
(b) if the development approval is a deemed 13
approval for which a decision notice has not 14
been given--within 20 business days after 15
the local government receives a copy of the 16
deemed approval notice. 17
(4) Subsection (3) is subject to any provision under 18
which an infrastructure charges notice may be 19
amended or replaced. 20
Note-- 21
See sections 626(3), 643(1), 657(3) and 662(4)(b). 22
(5) The infrastructure charges notice lapses if the 23
development approval stops having effect. 24
(6) If the infrastructure charges notice levies on the 25
applicant an amount for a charge worked out by 26
applying the adopted charge (a levied charge), 27
the following apply for the levied charge-- 28
(a) its amount is subject to sections 636 and 29
649; 30
(b) it is payable by the applicant; 31
(c) it attaches to the land; 32
(d) it only becomes payable as provided for 33
under subdivision 4; 34
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(e) it is subject to any agreement under section 1
639(1). 2
636 Limitation of levied charge 3
(1) A levied charge may be only for additional 4
demand placed upon trunk infrastructure that will 5
be generated by the development. 6
(2) In working out additional demand, the following 7
relating to the premises must not be included-- 8
(a) existing uses that are lawful and already 9
taking place on the premises; 10
(b) other development that may be lawfully 11
carried out on the premises without the need 12
for a further development permit. 13
637 Requirements for infrastructure charges 14
notice 15
(1) An infrastructure charges notice must state all of 16
the following for the levied charge-- 17
(a) its current amount; 18
(b) how it has been worked out; 19
(c) the land; 20
(d) when it will be payable under section 638 21
(without considering any possible operation 22
of section 639); 23
(e) if an automatic increase provision applies-- 24
(i) that it is subject to automatic increases; 25
and 26
(ii) how the increases are worked out under 27
the provision; 28
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(f) whether an offset or refund under this part 1
applies and, if so, details of the offset or 2
refund. 3
(2) The infrastructure charges notice must also 4
include, or be accompanied by, an information 5
notice about the decision to give the notice. 6
Subdivision 4 Payment 7
638 Payment triggers generally 8
(1) A levied charge becomes payable-- 9
(a) if the charge applies for reconfiguring a 10
lot--when the local government that levied 11
the charge approves the plan of subdivision 12
for the reconfiguration; or 13
(b) if the charge applies for building 14
work--when the certificate of classification 15
or final inspection certificate for the 16
building work is given; or 17
(c) if the charge applies for a material change of 18
use--when the change happens; or 19
(d) if the charge applies for other 20
development--on the day stated in the 21
infrastructure charges notice under which 22
the charge was levied. 23
(2) This section is subject to section 639. 24
639 Agreements about payment or provision 25
instead of payment 26
(1) The recipient of an infrastructure charges notice 27
and the local government that gave it may agree 28
about either or both of the following-- 29
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(a) whether the levied charge under the notice 1
may be paid other than as required under 2
section 638 including whether it may be 3
paid by instalments; 4
(b) whether infrastructure may be provided 5
instead of paying part or all of the levied 6
charge. 7
(2) If the levied charge is subject to an automatic 8
increase provision, the agreement must state how 9
increases in the charge are payable under the 10
agreement. 11
Subdivision 5 Changing charges during 12
relevant appeal period 13
640 Application of sdiv 5 14
This subdivision applies to the recipient of an 15
infrastructure charges notice (the original notice) 16
given by a local government. 17
641 Submissions for infrastructure charges notice 18
During the relevant appeal period, the recipient may 19
make submissions to the local government about the 20
original notice. 21
642 Consideration of submissions 22
The local government must consider the submissions. 23
643 Decision about submissions 24
(1) If the local government decides it agrees with a 25
submission, it must, within 5 business days after 26
making the decision, give the recipient a new 27
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infrastructure charges notice (a negotiated 1
notice). 2
(2) The local government may give only 1 negotiated 3
notice. 4
(3) A negotiated notice-- 5
(a) must be in the same form as the original 6
notice; and 7
(b) must state the nature of the changes; and 8
(c) replaces the original notice. 9
(4) If the local government decides it does not agree 10
with any of the submissions, it must, within 5 11
business days after making the decision, give the 12
recipient a notice stating the decision. 13
(5) Despite another provision of this Act, the relevant 14
appeal period for the infrastructure charges 15
notice starts again when the recipient is given the 16
notice under subsection (4). 17
644 Suspension of relevant appeal period 18
(1) If the recipient needs more time to make 19
submissions, the recipient may give the local 20
government a notice (a suspension notice) 21
suspending the relevant appeal period. 22
(2) The recipient may give only1 suspension notice. 23
(3) If the submissions are not made within 20 24
business days after the giving of the suspension 25
notice, the balance of the relevant appeal period 26
restarts. 27
(4) If submissions are made within the 20 business 28
days and the recipient gives the local government 29
a notice withdrawing the suspension notice, the 30
balance of the relevant appeal period restarts the 31
day after the local government receives the notice 32
of withdrawal. 33
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Division 2 Development approval 1
conditions about trunk 2
infrastructure 3
Subdivision 1 Conditions for necessary 4
trunk infrastructure 5
645 Application and operation of sdiv 1 6
(1) This subdivision applies if trunk infrastructure 7
necessary to service premises the subject of a 8
development application (the subject 9
premises)-- 10
(a) has not been provided; or 11
(b) has been provided but is inadequate. 12
(2) Sections 646 and 647 provide for a local 13
government to be able to impose particular 14
conditions on the development approval (each 15
condition is a necessary infrastructure 16
condition). 17
646 Necessary infrastructure condition for 18
LGIP-identified infrastructure 19
(1) This section applies if the LGIP identifies 20
adequate trunk infrastructure to service the 21
subject premises. 22
(2) The local government may impose a condition 23
requiring either or both of the following to be 24
provided at a stated time-- 25
(a) the identified infrastructure; 26
(b) different trunk infrastructure delivering the 27
same desired standard of service. 28
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647 Necessary infrastructure condition for other 1
infrastructure 2
(1) This section applies if the LGIP does not identify 3
adequate trunk infrastructure to service the 4
subject premises. 5
(2) The local government may impose a condition on 6
a development approval that requires trunk 7
infrastructure necessary to service the premises 8
to be provided at a stated time. 9
(3) However, a local government may impose a 10
condition under subsection (2) only if the 11
infrastructure is trunk infrastructure that services 12
development-- 13
(a) consistent with the assumptions about the 14
type, scale, location or timing of future 15
development stated in the LGIP; and 16
(b) for premises completely inside the PIA. 17
648 Deemed compliance with necessary or 18
reasonable requirements 19
(1) A necessary infrastructure condition is taken to 20
comply with the relevant or reasonable 21
requirements if-- 22
(a) generally, the infrastructure required is-- 23
(i) necessary to service the subject 24
premises; and 25
(ii) the most efficient and cost-effective 26
solution for servicing other premises in 27
the general area of the subject 28
premises; and 29
(b) for a necessary infrastructure condition that 30
requires the provision of the infrastructure 31
on the subject premises--its provision is not 32
an unreasonable imposition on-- 33
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(i) the development; or 1
(ii) the use of the subject premises as a 2
consequence of the development. 3
(2) To remove any doubt, it is declared that a 4
necessary infrastructure condition may be 5
imposed for infrastructure even if it will service 6
premises other than the subject premises. 7
649 Offset or refund requirements 8
(1) This section applies if-- 9
(a) trunk infrastructure the subject of a 10
necessary infrastructure condition services, 11
or is planned to service, premises other than 12
the subject premises; and 13
(b) an adopted charge applies to the 14
development. 15
(2) If the cost of the infrastructure required to be 16
provided under the condition is equal to or less 17
than the amount worked out by applying the 18
adopted charge, the cost must be offset against 19
that amount. 20
Note-- 21
For how the cost is worked out, see sections 633 and 22
657. 23
(3) If the cost of the infrastructure required to be 24
provided under the condition is more than the 25
amount worked out by applying the adopted 26
charge-- 27
(a) there is no amount payable by that 28
application; and 29
(b) the local government must refund the 30
applicant the proportion of the 31
establishment cost of the trunk 32
infrastructure that-- 33
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(i) may be apportioned reasonably to users 1
of premises other than the subject 2
premises; and 3
(ii) has been, is or is to be the subject of a 4
levied charge. 5
(4) Timing of the refund is subject to terms agreed 6
between the payer and the local government. 7
Subdivision 2 Conditions for additional 8
trunk infrastructure costs 9
650 Power to impose 10
(1) A local government may impose a condition (an 11
additional payment condition) requiring the 12
payment of additional trunk infrastructure costs 13
only if-- 14
(a) the development-- 15
(i) will generate infrastructure demand of 16
more than that required to service the 17
type or scale of future development that 18
the LGIP assumes; or 19
(ii) will require new trunk infrastructure 20
earlier than when identified in the 21
LGIP; or 22
(iii) is for premises completely or partly 23
outside the PIA; and 24
(b) the development would impose additional 25
trunk infrastructure costs on the local 26
government after taking into account either 27
or both of the following-- 28
(i) levied charges for the development; 29
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(ii) trunk infrastructure provided, or to be 1
provided, by the applicant under this 2
part. 3
(2) However, an additional payment condition must 4
not be imposed for a State infrastructure provider. 5
(3) An additional payment condition is taken to 6
comply with the relevant or reasonable 7
requirements to the extent the infrastructure is 8
necessary, but not yet available, to service the 9
development. 10
(4) Subsection (3) applies even if the infrastructure is 11
also intended to service other development. 12
(5) The power to impose an additional payment 13
condition is subject to the rest of this subdivision. 14
651 Content of additional payment condition 15
(1) An additional payment condition must state all of 16
the following-- 17
(a) why it was imposed; 18
(b) the amount of the payment to be made under 19
the condition; 20
(c) details of the trunk infrastructure for which 21
the payment is required; 22
(d) when the amount becomes payable (the 23
payment time); 24
(e) that the applicant may, instead of making the 25
payment, elect to provide part or all of the 26
trunk infrastructure; 27
(f) if the applicant so elects-- 28
(i) any requirements for providing the 29
trunk infrastructure; and 30
(ii) when it must be provided. 31
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(2) Unless the applicant and the local government 1
otherwise agree, the payment time is-- 2
(a) if the trunk infrastructure is necessary to 3
service the premises--by the day the 4
development, or work associated with the 5
development, starts; or 6
(b) if the condition applies for reconfiguring a 7
lot--when the local government imposing 8
the condition approves the plan of 9
subdivision for the reconfiguration; or 10
(c) if the condition applies for building 11
work--when the certificate of classification 12
or final inspection certificate for the work is 13
given; or 14
(d) if the condition applies for a material change 15
of use--when the change happens. 16
652 Restriction if development completely in PIA 17
(1) This section applies for an additional payment 18
condition imposed by a local government for 19
development completely inside the PIA. 20
(2) The additional payment condition may require a 21
payment only as follows-- 22
(a) for trunk infrastructure to be provided 23
earlier than planned in the LGIP, the 24
difference between-- 25
(i) the establishment cost of the 26
infrastructure made necessary by the 27
development; and 28
(ii) the amount of any charge paid for the 29
development; 30
(b) for infrastructure associated with a different 31
type or scale of development from that 32
assumed in the LGIP--the establishment 33
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cost of any additional trunk infrastructure 1
made necessary by the development. 2
653 Other area restrictions 3
(1) This section applies for an additional payment 4
condition imposed by a local government for 5
development completely or partly outside the 6
PIA. 7
(2) The additional payment condition may only 8
require the payment of-- 9
(a) the establishment cost of infrastructure that 10
is-- 11
(i) made necessary by the development; 12
and 13
(ii) if the relevant local government's 14
planning scheme indicates the premises 15
is part of an area intended for future 16
development for non-rural purposes-- 17
necessary to service the rest of the area; 18
and 19
(b) either or both of the following establishment 20
costs of any temporary infrastructure-- 21
(i) costs required to ensure the safe or 22
efficient operation of infrastructure 23
needed to service the development; 24
(ii) costs made necessary by the 25
development; and 26
(c) any decommissioning, removal and 27
rehabilitation costs of the temporary 28
infrastructure; and 29
(d) the maintenance and operating costs for up 30
to 5 years of the infrastructure and 31
temporary infrastructure as mentioned in 32
paragraphs (a) and (b). 33
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654 Refund if development in PIA 1
(1) This section applies for an additional payment 2
condition imposed by a local government for 3
development completely inside the PIA. 4
(2) The local government must refund the payer the 5
proportion of the establishment cost of the 6
infrastructure that-- 7
(a) may be apportioned reasonably to other 8
users of the infrastructure; and 9
(b) has been, is or is to be, the subject of a 10
levied charge by the local government. 11
(3) Timing of the refund is subject to terms agreed 12
between the payer and local government. 13
655 Refund if development approval ceases 14
(1) This section applies if-- 15
(a) a development approval subject to an 16
additional payment condition no longer has 17
effect; and 18
(b) a payment has been made under the 19
condition; and 20
(c) construction of the infrastructure the subject 21
of the condition has not substantially started 22
before the development approval no longer 23
has effect. 24
(2) The local government must refund the payer any 25
part of the payment the local government has not 26
spent, or contracted to spend, on designing and 27
constructing the infrastructure. 28
(3) Timing of the refund is subject to terms agreed 29
between the payer and local government. 30
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656 Additional payment condition does not affect 1
other powers 2
To remove any doubt, it is declared that the imposition 3
of an additional payment condition does not prevent a 4
local government from doing the following-- 5
(a) adopting charges for trunk infrastructure 6
and levying charges; 7
(b) imposing a condition for non-trunk 8
infrastructure; 9
(c) imposing a necessary infrastructure 10
condition. 11
Subdivision 3 Working out cost for 12
required offset or refunds 13
657 Process 14
(1) This section applies if-- 15
(a) a local government has given an applicant-- 16
(i) a development approval under which 17
the applicant is required to provide 18
trunk infrastructure; and 19
(ii) an infrastructure charges notice that 20
includes details of an offset or refund 21
under this part relating to the 22
establishment cost of the trunk 23
infrastructure; and 24
(b) the applicant does not agree with the value 25
of the establishment cost. 26
(2) The applicant may, by notice to the local 27
government, require it to use the method under 28
the relevant charges resolution to recalculate the 29
establishment cost. 30
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(3) By notice to the applicant, the local government 1
must amend the existing infrastructure charges 2
notice. 3
(4) The amended infrastructure charges notice must 4
adopt the method to work out the establishment 5
cost. 6
Division 3 Miscellaneous provisions 7
about trunk infrastructure 8
Subdivision 1 Conversion of particular 9
non-trunk infrastructure 10
before construction starts 11
658 Application of sdiv 1 12
This subdivision applies if-- 13
(a) a particular condition of a development 14
approval under section 665 requires 15
non-trunk infrastructure to be provided; and 16
(b) the construction of the non-trunk 17
infrastructure has not started. 18
Note-- 19
The combined effect of the definitions trunk infrastructure 20
and non-trunk infrastructure under section 627 is that 21
where infrastructure is not identified in an LGIP it is, by 22
default, non-trunk infrastructure. 23
659 Application to convert infrastructure to trunk 24
infrastructure 25
(1) The applicant for the development approval may 26
apply (a conversion application) to convert 27
non-trunk infrastructure to trunk infrastructure. 28
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(2) The application must be made to the local 1
government in writing. 2
660 Deciding conversion application 3
(1) The local government must consider and decide 4
the conversion application within the required 5
period. 6
(2) A regulation may prescribe criteria relevant to a 7
decision about a conversion application. 8
(3) However, at any time before making the decision, 9
the local government may give a notice to the 10
applicant requiring the applicant to give 11
information the local government reasonably 12
needs to make the decision. 13
(4) The notice must state-- 14
(a) what information it requires; and 15
(b) a period of at least 10 business days for 16
giving the information; and 17
(c) the effect of subsection (5). 18
(5) The application lapses if the applicant does not 19
comply with the notice within the later of the 20
following-- 21
(a) the period stated in the notice for giving the 22
information; 23
(b) any later period, as agreed within the period 24
stated in the notice, between the local 25
government and the applicant. 26
(6) In this section-- 27
required period means 30 business days after-- 28
(a) generally--the making of the application; or 29
(b) if an information requirement is made--the 30
requirement is complied with. 31
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661 Notice of decision 1
(1) As soon as practicable after deciding the 2
conversion application, the local government 3
must give the applicant notice of the decision. 4
(2) If the decision is to convert non-trunk 5
infrastructure to trunk infrastructure, the notice 6
must state whether an offset or refund under this 7
part applies and, if it does, details of the offset or 8
refund. 9
(3) If the decision is not to convert non-trunk 10
infrastructure to trunk infrastructure, the notice 11
must be an information notice about the decision. 12
662 Effect of and action after conversion 13
(1) This section applies if the decision on a 14
conversion application is to convert non-trunk 15
infrastructure to trunk infrastructure. 16
Note-- 17
See section 627, definition trunk infrastructure. 18
(2) The condition of the relevant development 19
approval requiring the non-trunk infrastructure to 20
be provided no longer has effect. 21
(3) Within 20 business days after making the 22
decision, the local government may amend the 23
development approval by imposing a necessary 24
infrastructure condition for the trunk 25
infrastructure. 26
(4) If a necessary infrastructure condition is 27
imposed, the local government must also do 28
either of the following within 10 business days 29
after the imposition for the purposes of section 30
649(2) or (3)(b)-- 31
(a) give an infrastructure charges notice; 32
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(b) amend, by notice to the applicant, any 1
existing infrastructure charges notice for the 2
development approval. 3
(5) For taking action under subsections (3) and (4), 4
divisions 1 and 2 and sections 478 and 535 apply 5
(and IDAS does not) as if-- 6
(a) a development approval were a reference to 7
the conversion; and 8
(b) a levied charge were a reference to the 9
amendment of a levied charge. 10
Subdivision 2 Other provisions 11
663 Financial provisions 12
(1) A levied charge paid to a local government must 13
be used to provide trunk infrastructure. 14
(2) To remove any doubt, it is declared that the 15
amount paid need not be held in trust by the local 16
government. 17
664 Levied charge taken to be rates 18
(1) A levied charge is, for the purpose of its recovery, 19
taken to be rates of the local government that 20
levied it. 21
(2) However, subsection (1) is subject to any 22
agreement between the local government and the 23
applicant. 24
(3) In this section-- 25
rates means rates within the meaning of-- 26
(a) for Brisbane--the City of Brisbane Act; or 27
(b) otherwise--the Local Government Act. 28
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Division 4 Non-trunk infrastructure 1
665 Conditions local governments may impose 2
(1) This section applies for the imposition by a local 3
government of a condition of a development 4
approval about non-trunk infrastructure. 5
(2) The condition may be only about providing 6
development infrastructure for 1 or more of the 7
following-- 8
(a) a network, or part of a network, internal to 9
the premises; 10
(b) connecting the premises to external 11
infrastructure networks; 12
(c) protecting or maintaining the safety or 13
efficiency of the infrastructure network of 14
which the non-trunk infrastructure is a 15
component. 16
Example for paragraph (c)-- 17
A condition may require construction works in the 18
vicinity of existing transport infrastructure must 19
not adversely affect the infrastructure's integrity. 20
(3) The condition must state the infrastructure to be 21
provided and when it must be provided. 22
Part 3 Provisions for State 23
infrastructure providers 24
666 Power to impose conditions about 25
infrastructure 26
(1) A State infrastructure provider may impose a 27
condition on a development approval (a 28
State-related condition) about-- 29
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(a) infrastructure; and 1
(b) works to protect or maintain infrastructure 2
operation. 3
(2) However, a State-related condition may be only 4
about protecting or maintaining the safety or 5
efficiency of any or all of the following-- 6
(a) existing or proposed State-owned or 7
State-controlled transport infrastructure; 8
(b) public passenger transport or public 9
passenger transport infrastructure (whether 10
or not State-owned or State-controlled); 11
(c) the safety or efficiency of railways, ports or 12
airports under the Transport Infrastructure 13
Act; 14
(d) if the State infrastructure provider is the 15
chief executive--a matter mentioned in 16
paragraph (a), (b) or (c) for another State 17
infrastructure provider. 18
Examples of infrastructure that might be required 19
under a State-related condition-- 20
· turning lanes or traffic signals at a site access 21
or nearby intersection that are to ensure road 22
links and intersections continue to perform at 23
an acceptable level 24
· upgraded traffic control devices at a level 25
crossing in response to increased traffic 26
· drainage or retaining structures that are to 27
protect transport infrastructure from changed 28
hydraulics or excavation adjacent to 29
State-owned or State-controlled transport 30
infrastructure 31
(3) In this section-- 32
public passenger transport means the carriage of 33
passengers by a public passenger service as 34
defined under the Transport Operations 35
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(Passenger Transport) Act 1994 using a public 1
passenger vehicle as defined under that Act. 2
public passenger transport infrastructure means 3
infrastructure for, or associated with, the 4
provision of public passenger transport. 5
safety or efficiency, of infrastructure mentioned 6
in subsection (2), means-- 7
(a) the safety of any of its users and of others it 8
affects; or 9
(b) the efficiency of its use. 10
State-owned or State-controlled, for transport 11
infrastructure, means transport infrastructure 12
under the Transport Infrastructure Act that is 13
owned or controlled by the State. 14
667 Content requirements for condition 15
A State-related condition must state-- 16
(a) the infrastructure or works to be provided, 17
or the contribution to be made, under it; and 18
(b) when the provision or contribution must 19
take place. 20
668 Refund if State-related condition ceases 21
(1) This section applies if-- 22
(a) a State infrastructure provider imposed a 23
State-related condition on a development 24
approval; and 25
(b) a payment has been made under the 26
condition; and 27
(c) the development approval ceases to have 28
effect; and 29
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(d) construction of the infrastructure the subject 1
of the condition had not substantially started 2
before the cessation. 3
(2) The public sector entity responsible for providing 4
the infrastructure must refund the payer any part 5
of the payment not spent, or contracted to be 6
spent, on designing or constructing the 7
infrastructure before being told of the cessation. 8
669 Reimbursement by local government for 9
replacement infrastructure 10
(1) This section applies if infrastructure provided 11
under a State-related condition-- 12
(a) has replaced, or is to replace, infrastructure 13
for which there has been, is or is to be a 14
levied charge by a local government; and 15
(b) provides the same desired standard of 16
service as the replaced infrastructure. 17
(2) The local government must-- 18
(a) pay the amount of the levied charge, when 19
paid to it, to the State infrastructure provider 20
that imposed the condition to-- 21
(i) provide the replacement infrastructure; 22
or 23
(ii) reimburse someone else who provided 24
the replacement infrastructure; and 25
(b) agree with the State infrastructure provider 26
and the person who provided the 27
replacement infrastructure about when the 28
amount of the levied charge will be paid. 29
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Part 4 Infrastructure 1
agreements 2
670 Infrastructure agreement 3
An infrastructure agreement is an agreement, as 4
amended from time to time, mentioned in any of the 5
following-- 6
· section 348, to the extent the agreement is 7
about a condition for paying for, or 8
providing, infrastructure 9
· section 639 10
· section 649(4) 11
· section 651(2) 12
· section 654(3) 13
· section 655(3) 14
· section 664(2) 15
· section 669(2) 16
· section 677. 17
671 Obligation to negotiate in good faith 18
(1) This section applies if-- 19
(a) a public sector entity proposes to another 20
entity that they enter into an infrastructure 21
agreement; or 22
(b) another entity proposes to a public sector 23
entity that they enter into an infrastructure 24
agreement. 25
(2) The public entity or other entity to whom the 26
proposal is made must in writing tell the 27
proponent if the public entity or other entity 28
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agrees to entering into negotiation for an 1
infrastructure agreement. 2
(3) In negotiating an infrastructure agreement, the 3
public sector entity and the other entity must act 4
in good faith. 5
Examples of actions that subsection (2) requires-- 6
· disclosing to the other party to the negotiation in a 7
timely way information relevant to entering into the 8
proposed agreement 9
· considering and responding in a timely way to the 10
other party's proposals about the proposed agreement 11
· giving reasons for each response 12
672 Content of infrastructure agreement 13
(1) An infrastructure agreement must-- 14
(a) if obligations under it would be affected by a 15
change in the ownership of land the subject 16
of the agreement--include a statement 17
about how the obligations must be fulfilled 18
in that event; and 19
(b) if the fulfilment of obligations under it 20
depends on development entitlements that 21
may be affected by a change to a planning 22
instrument--include a statement about both 23
of the following-- 24
(i) refunding or reimbursing amounts paid 25
under the agreement; 26
(ii) changing or cancelling the obligations 27
if the development entitlements are 28
changed without the obligee's consent; 29
and 30
(c) include any other matter required by 31
regulation to be included. 32
(2) To remove any doubt, it is declared that an 33
infrastructure agreement may include matters 34
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that are not within the jurisdiction of a public 1
sector entity that is a party to the agreement. 2
673 Copy of infrastructure agreement to be given 3
to local government 4
(1) This section applies if-- 5
(a) a public sector entity other than a local 6
government is a party to an infrastructure 7
agreement; and 8
(b) the local government for the area to which 9
the agreement applies is not a party to it. 10
(2) The public sector entity must give the local 11
government a copy of the agreement. 12
674 When infrastructure agreement binds 13
successors in title 14
(1) This section applies if the owner of land to which 15
an infrastructure agreement applies is a party to 16
the agreement or consents to the obligations 17
under it being attached to the land. 18
(2) However, subsection (1) does not apply for any 19
of the obligations that are to be fulfilled by a 20
public sector entity. 21
(3) The obligations under the infrastructure 22
agreement attach to the land and bind the owner 23
and the owner's successors in title of the land. 24
(4) If the owner's consent under subsection (1) is 25
given but not endorsed on the agreement, the 26
owner must give a copy of the document 27
evidencing the owner's consent to the local 28
government for the land to which the consent 29
applies. 30
(5) Despite subsection (3), subsections (6) and (7) 31
apply if-- 32
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(a) the infrastructure agreement states that if the 1
land is subdivided, part of the land is to be 2
released from the obligations; and 3
(b) the land is subdivided. 4
(6) The part is released from the obligations. 5
(7) The obligations are no longer binding on the 6
owner of the part. 7
675 Exercise of discretion unaffected by 8
infrastructure agreement 9
An infrastructure agreement is not invalid merely 10
because its fulfilment depends on the exercise of a 11
discretion by a public sector entity about an existing or 12
future development application. 13
676 Infrastructure agreement prevails over 14
approval and charges notice 15
(1) If an infrastructure agreement is inconsistent with 16
a development approval or infrastructure charges 17
notice, the agreement prevails to the extent of the 18
inconsistency. 19
(2) However, if a State infrastructure provider (other 20
than the chief executive) is a party to the 21
infrastructure agreement, subsection (1) applies 22
only if the chief executive has approved the 23
agreement. 24
(3) The approval of the agreement must be given by 25
notice to all parties to it. 26
677 Agreement for infrastructure partnerships 27
(1) A person may enter into an agreement with a 28
public sector entity about-- 29
(a) providing or funding infrastructure; or 30
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(b) refunding payments made towards the cost 1
of providing or funding infrastructure. 2
(2) Subsection (1) has effect despite parts 2 and 3 3
and chapter 6, part 5, division 6. 4
Part 5 Miscellaneous 5
678 Sale of particular local government land held 6
on trust 7
(1) This section applies if a local government intends 8
to sell land it holds on trust in fee simple for 9
public parks infrastructure or local community 10
facilities. 11
(2) The local government must advertise its intention 12
to sell the land by placing notice of the sale in a 13
newspaper circulating in the local government 14
area if-- 15
(a) part or all of the land was obtained under a 16
condition of a development approval; or 17
(b) selling the land would not be inconsistent 18
with a current infrastructure agreement 19
under which the local government obtained 20
the land. 21
(3) The notice must state the following-- 22
(a) a description of the land; 23
(b) the purpose for which the land is held on 24
trust; 25
(c) the reason for the proposed sale; 26
(d) a reasonable period within which 27
submissions about the proposed sale may be 28
made to the local government. 29
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(4) Before making a decision about the sale, the local 1
government must consider all submissions made 2
to it within the stated period. 3
(5) The following apply if the local government 4
complies with this section and sells the land-- 5
(a) the land is sold free of the trust; 6
(b) the net proceeds of the sale must be used to 7
provide trunk infrastructure. 8
679 Trunk infrastructure not identified 9
(1) This section applies if the trunk infrastructure for 10
a local government is not identified because 11
neither paragraph (a) nor (b) of the definition 12
trunk infrastructure under section 627 applies. 13
(2) For giving development approval for premises by 14
the local government-- 15
(a) non-trunk infrastructure is taken to be 16
development infrastructure for 1 or all of the 17
purposes mentioned in section 665(2); and 18
(b) development infrastructure for any other 19
purpose is taken to be trunk infrastructure. 20
Clause 19 Insertion of new ch 10, pt 11 21
Chapter 10-- 22
insert-- 23
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Part 11 Savings and 1
transitional provisions 2
for Sustainable 3
Planning 4
(Infrastructure 5
Charges) and Other 6
Legislation 7
Amendment Act 2014 8
Division 1 Purpose of part and 9
definitions 10
974 Purpose of pt 11 11
(1) The purpose of this part is to make particular 12
provisions of a savings or transitional nature. 13
(2) Division 2 provides for matters under the 14
unamended Act to be saved and for the 15
unamended Act to continue to apply to those 16
matters. 17
(3) Division 3 provides for matters dealt with under 18
the unamended Act to be dealt with under the 19
amended Act unless a provision of division 2 or 20
another provision of division 3 otherwise 21
provides. 22
(4) Division 4 provides for other matters including 23
transitional regulations. 24
(5) This part does not limit the Acts Interpretation 25
Act 1954, section 20 and 20B unless a provision 26
otherwise provides. 27
975 Definitions for pt 11 28
In this part-- 29
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amended Act means this Act as in force after the 1
commencement. 2
amending Act means the Sustainable Planning 3
(Infrastructure Charges) and Other Legislation 4
Amendment Act 2014. 5
commencement means the day the amending 6
Act, section 18 commences. 7
PIP means a priority infrastructure plan, as in 8
force under the unamended Act. 9
transitional regulation see section 990(1). 10
unamended Act means this Act as in force 11
immediately before the commencement. 12
Division 2 Saving provisions 13
976 Deferment of LGIP requirement for existing 14
planning schemes 15
(1) If a planning scheme in effect under the 16
unamended Act does not include a PIP, the 17
planning scheme need not include an LGIP until 18
1 July 2016. 19
(2) However, on or after 1 July 2016, a local 20
government may not do any of the following 21
unless its planning scheme includes an LGIP-- 22
(a) make a charges resolution as mentioned in 23
section 630; 24
(b) impose conditions about trunk infrastructure 25
under section 646, 647 or 650; 26
(c) give an infrastructure charges notice under 27
section 635. 28
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977 Existing notices 1
(1) This section applies to each of the following 2
notices given before the commencement and as in 3
force under the unamended Act-- 4
(a) an infrastructure charges notice; 5
(b) a negotiated infrastructure charges notice; 6
(c) a regulated infrastructure charges notice; 7
(d) a negotiated regulated infrastructure charges 8
notice; 9
(e) an adopted infrastructure charges notice; 10
(f) a negotiated infrastructure charges notice. 11
(2) The unamended Act continues to apply to each 12
notice. 13
(3) Despite subsection (2), if a person who was given 14
a notice to which this section applies makes a 15
request under section 369(1) to change the 16
development approval the subject of the notice, 17
the notice may be amended under the amended 18
Act. 19
978 Existing charges 20
(1) This section applies to each of the following 21
charges that are payable under the unamended 22
Act-- 23
(a) an infrastructure charge; 24
(b) a regulated infrastructure charge; 25
(c) an adopted infrastructure charge. 26
(2) The unamended Act continues to apply to-- 27
(a) each charge; and 28
(b) any offset, refund or repayment under the 29
unamended Act that previously applied to 30
the charge. 31
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979 Charges resolutions until 1 July 2016 1
(1) An adopted infrastructure charges resolution of a 2
local government as in existence under the 3
unamended Act (an existing resolution) 4
continues in effect, subject to this section. 5
(2) An existing resolution is of no effect to the extent 6
it is inconsistent with the SPRP (adopted 7
charges). 8
(3) If the existing resolution does not include a 9
method for working out the cost of infrastructure 10
the subject of an offset or refund, the existing 11
resolution is taken to include a method as set out 12
in a guideline-- 13
(a) made by the Minister; and 14
(b) prescribed by regulation. 15
(4) Subsections (5) to (8) apply if the local 16
government's planning scheme does not include 17
an LGIP. 18
(5) Until 1 July 2016, an existing resolution may 19
continue to do either or both of the following 20
(each a saved provision)-- 21
(a) identify development infrastructure as trunk 22
infrastructure for its local government area; 23
(b) for the identified trunk infrastructure, state 24
the required standard of service and 25
establishment costs. 26
(6) Despite sections 630 and 631, the local 27
government may, under the amended Act, make a 28
charges resolution that includes a saved 29
provision. 30
(7) For applying chapter 8 under the amended Act 31
for subsections (5) and (6), saved provisions are 32
taken to have been done under the LGIP. 33
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(8) On and after 1 July 2016, each saved provision 1
ceases to have effect. 2
980 Existing land transfer requirements in lieu of 3
charge 4
(1) An agreement mentioned under the unamended 5
Act, section 637(1)(d), or a requirement under 6
the unamended Act, section 637(2), not complied 7
with immediately before the commencement 8
continues in force for the amended Act. 9
(2) A requirement under the unamended Act, section 10
648K(3) not complied with immediately before 11
the commencement continues in force for the 12
amended Act. 13
(3) Despite the repeal of the unamended Act, 14
sections 637 and 648K, the sections continue to 15
apply for the agreement or the requirement, as is 16
applicable. 17
981 Undecided appeals 18
(1) This section applies if, before the 19
commencement, a person-- 20
(a) had started an appeal and it had not been 21
finally decided before the commencement; 22
or 23
(b) had a right to appeal under the unamended 24
Act but had not started an appeal. 25
(2) The unamended Act continues to apply to-- 26
(a) the appeal and the right of appeal as 27
mentioned in subsection (1)(a) and (b); and 28
(b) any subsequent appeal that would have been 29
available if the amending Act had not 30
commenced. 31
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Division 3 Transitional provisions 1
982 PIP to LGIP 2
(1) A local government's PIP becomes its LGIP. 3
(2) The day the PIP was included in the local 4
government's planning scheme is to be used for 5
working out when the LGIP is to be reviewed 6
under section 94A(1)(a). 7
(3) Before 1 July 2016-- 8
(a) an amendment to the PIP must be prepared 9
in accordance with the guideline mentioned 10
in section 117(2); and 11
(b) the amendment must be made. 12
983 Existing SPRP for adopted charges 13
(1) On the commencement, the State Planning 14
Regulatory Provision (adopted charges) dated 15
July 2012 becomes the SPRP (adopted charges) 16
under the amended Act. 17
(2) However, the SPRP (adopted charges) mentioned 18
in subsection (1)-- 19
(a) continues subject to section 988 and a 20
regulation under the amended Act; and 21
(b) until 1 July 2016--may identify PIAs for 22
local governments. 23
(3) On 1 July 2016, any identified PIAs under the 24
SPRP (adopted charges) cease to have effect. 25
984 Existing application for development approval 26
(1) This section applies to an application for a 27
development approval that was not decided under 28
the unamended Act. 29
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(2) The amended Act applies to the application, 1
including, for example, the conditions that may 2
be imposed on the development approval and the 3
charges that may be levied. 4
(3) For subsection (2), section 988 applies as if the 5
application had become an application for 6
development approval under the amended Act. 7
985 Existing agreements under s 648G 8
(1) An agreement under the unamended Act, section 9
648G, as the agreement is in existence 10
immediately before the commencement, becomes 11
a breakup agreement under the amended Act. 12
(2) Subsection (1) applies even if the agreement 13
includes a provision contrary to, or does not 14
otherwise comply with, the amended Act. 15
986 Infrastructure charges register 16
(1) This section applies to the following registers of a 17
local government under the unamended Act, 18
section 724 as those registers were in existence 19
immediately before the commencement-- 20
(a) its infrastructure charges register; 21
(b) its regulated infrastructure charges register; 22
(c) its adopted infrastructure charges register. 23
(2) On the commencement, the registers become part 24
of the local government's infrastructure charges 25
register under the amended Act, section 724. 26
987 Infrastructure agreements 27
(1) An infrastructure agreement in force immediately 28
before the commencement becomes an 29
infrastructure agreement under the amended Act. 30
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(2) Subsection (1) applies even if the infrastructure 1
agreement includes a provision contrary to, or 2
does not otherwise comply with, the amended 3
Act. 4
(3) Also, section 676(2) does not apply to the 5
infrastructure agreement. 6
988 Consequential provisions 7
The following apply to a document that, under this 8
division, becomes something under the amended 9
Act-- 10
(a) it must be read with the changes necessary 11
to make it consistent with, and adapt its 12
operation to, the amended Act; 13
Example-- 14
In line with section 983, a reference in the existing 15
SPRP to a maximum adopted charge for trunk 16
infrastructure must be read as a reference to a 17
maximum adopted charge under the amended Act. 18
(b) a reference to the document in another Act 19
or document is taken to be a reference to 20
what it has become. 21
Division 4 Other provisions 22
989 Regulated infrastructure charges schedule 23
On the commencement, a regulated infrastructure 24
charges schedule in existence before the 25
commencement ceases to exist. 26
990 Transitional regulation-making power 27
(1) A regulation (a transitional regulation) may 28
make provision of a saving or transitional nature 29
for which it is necessary to make provision to 30
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allow or facilitate the change from the operation 1
of the unamended Act to the operation of the 2
amended Act. 3
(2) A transitional regulation may have retrospective 4
operation to a day not earlier than the day of the 5
commencement. 6
(3) A transitional regulation must declare it is a 7
transitional regulation. 8
(4) This section and any transitional regulation 9
expire 1 year after the day of the commencement. 10
Clause 20 Amendment of sch 3 (Dictionary) 11
(1) Schedule 3, definitions adopted infrastructure charge, 12
adopted infrastructure charges notice, adopted infrastructure 13
charges resolution, adopted infrastructure charges schedule, 14
building and development committee, development 15
infrastructure, establishment cost, imposing entity, 16
information notice, infrastructure agreement, infrastructure 17
charge, infrastructure charges notice, infrastructure charges 18
schedule, maximum adopted charge, negotiated adopted 19
infrastructure charges notice, negotiated infrastructure 20
charges notice, negotiated regulated infrastructure charges 21
notice, network, non-trunk infrastructure, notice, party, plans 22
for trunk infrastructure, priority infrastructure area, priority 23
infrastructure plan, rates, regulated infrastructure charge, 24
regulated infrastructure charges notice, regulated 25
infrastructure charges register, regulated infrastructure 26
charges schedule, relevant appeal period, relevant proportion, 27
SEQ infrastructure charges schedule, State infrastructure 28
provider, State planning regulatory provision (adopted 29
charges) and trunk infrastructure-- 30
omit. 31
(2) Schedule 3-- 32
insert-- 33
additional payment condition see section 650(1). 34
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adopted charge see section 630(1). 1
agreement, for chapter 8, see section 627. 2
amended Act, for part 11, see section 975. 3
amending Act, for part 11, see section 975. 4
automatic increase provision, for chapter 8, see 5
section 631(3)(b). 6
building and development committee means a 7
building and development dispute resolution 8
committee that is established under section 9
554(2)(a), 554B(1)(b) or 554C(1)(a) or, if the 10
case requires, that may be so established. 11
charges breakup, for chapter 8, see section 627. 12
charges resolution see section 630(1). 13
commencement, for part 11, see section 975. 14
committee proceeding means a proceeding for 15
which a building and development committee 16
must be established. 17
conversion application see section 659(1). 18
court appeal period means the period under this 19
Act for bringing an appeal to the court. 20
development infrastructure see section 627. 21
establishment cost, for a provision about trunk 22
infrastructure, see section 627. 23
impose, for a provision about a condition of a 24
development approval, see section 627. 25
information notice-- 26
(a) for chapter 8, see section 627; or 27
(b) for chapter 8A, see section 680A. 28
infrastructure agreement see section 670. 29
infrastructure charges notice see section 627. 30
levied charge see section 635(6). 31
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[s 20]
LGIP see section 627. 1
maximum adopted charge see section 629(5). 2
necessary infrastructure condition see section 3
645(2). 4
non-rural purposes see section 627. 5
non-trunk infrastructure see section 627. 6
notice-- 7
(a) for chapter 8--see section 627; or 8
(b) for chapter 8A--see section 680A. 9
original notice, for chapter 8, see section 640. 10
party, for a provision about proceeding before 11
the court or a building and development 12
committee, or proposed proceeding, means any 13
or all of the following for the proceeding or 14
proposed proceeding-- 15
(a) the applicant or appellant; 16
(b) the respondent; 17
(c) any co-respondent; 18
(d) if the Minister is represented--the Minister. 19
payer, for a provision about a levied charge, see 20
section 627. 21
payment, for chapter 8, see section 627. 22
PIA see section 627. 23
PIP, for part 11, see section 975. 24
PPI index see section 627. 25
public sector entity, for chapter 8, see section 26
627. 27
recipient, for a provision about a direction, notice 28
or order, means any person to whom it is given. 29
relevant appeal period see section 627. 30
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[s 20]
relevant or reasonable requirements see section 1
627. 2
SPRP (adopted charges) see section 629(5). 3
State infrastructure provider see section 627. 4
State-related condition see section 666(1). 5
subject premises see section 645(1). 6
submission, for chapter 8, see section 627. 7
transitional regulation, for part 11, see section 8
990(1). 9
trunk infrastructure see section 627. 10
unamended Act, for part 11, see section 975. 11
(3) Schedule 3, definition deemed refusal, paragraphs (b) to (d)-- 12
omit, insert-- 13
(b) for a matter as follows--within the period 14
allowed under this Act for the matter to be 15
decided-- 16
(i) a request under section 98(2); 17
(ii) a request made by a person under 18
section 222(3); 19
(iii) a request to make a change to a 20
development approval; 21
(iv) a request to extend a period mentioned 22
in section 341; 23
(v) a conversion application; 24
(vi) a claim for compensation under chapter 25
9, part 3. 26
(4) Schedule 3, definition public sector entity, paragraph 2(b)-- 27
omit, insert-- 28
(b) other than for chapter 8, a 29
distributor-retailer; and 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 21]
Part 3 Amendment of other Acts 1
Division 1 South-East Queensland Water 2
(Distribution and Retail 3
Restructuring) Act 2009 4
Clause 21 Act amended 5
This division amends the South-East Queensland Water 6
(Distribution and Retail Restructuring) Act 2009. 7
Note-- 8
See also the amendments in schedule 2. 9
Clause 22 Amendment of s 99BOB (Charges schedules for 10
distributor-retailers) 11
Section 99BOB(c) and (d)-- 12
omit, insert-- 13
(c) adopted charges; 14
Note-- 15
See chapter 4C, part 7, division 3. 16
(d) the way a connection charge, charge for 17
property service infrastructure and adopted 18
charge is calculated; 19
(e) the fees for an application or request under 20
chapter 4C; 21
(f) the charges breakup for all adopted charges. 22
Clause 23 Amendment of s 99BRAG (Decision generally) 23
Section 99BRAG(2), after `division 2'-- 24
insert-- 25
and part 7 26
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[s 24]
Clause 24 Amendment of s 99BRAI (Decision notice) 1
Section 99BRAI(2)(e)-- 2
omit, insert-- 3
(e) for each water approval condition about 4
trunk or non-trunk infrastructure imposed 5
under this chapter--the provision under 6
which the condition was imposed; and 7
(f) the applicant's rights of internal review and 8
appeal. 9
Clause 25 Amendment of s 99BRAJ (Water approval conditions 10
must be relevant and reasonable) 11
(1) Section 99BRAJ(2)-- 12
insert-- 13
(h) trunk infrastructure or non-trunk 14
infrastructure. 15
(2) Section 99BRAJ(3)-- 16
renumber as section 99BRAJ(4). 17
(3) Section 99BRAJ-- 18
insert-- 19
(3) However, a water approval condition must not-- 20
(a) impose a condition about trunk 21
infrastructure or non-trunk infrastructure 22
unless the condition is permitted to be 23
imposed under part 7, divisions 4 to 6; or 24
(b) require the applicant to enter into a water 25
infrastructure agreement. 26
Clause 26 Amendment of s 99BRAK (Power to amend) 27
(1) Section 99BRAK(2)-- 28
omit, insert-- 29
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[s 27]
(2) The distributor-retailer must decide to-- 1
(a) approve the request, with or without 2
conditions; or 3
(b) refuse the request. 4
(2) Section 99BRAK(5)-- 5
omit, insert-- 6
(5) If the condition is amended under this section-- 7
(a) the condition as amended, and any 8
conditions imposed under subsection (2)(a), 9
take effect when the amendment notice is 10
given to the applicant; and 11
(b) any conditions imposed under subsection 12
(2)(a) are taken to be water approval 13
conditions of the water approval; and 14
(c) the distributor-retailer may give the 15
applicant a new infrastructure charges notice 16
under part 7, division 3, subdivision 3 to 17
replace the original notice. 18
Clause 27 Insertion of new s 99BRAM 19
Chapter 4C, part 2, division 2, subdivision 1-- 20
insert-- 21
99BRAM Water infrastructure agreement terms 22
become water approval conditions 23
If there is a water infrastructure agreement and a water 24
approval for the same connection, all terms of the 25
agreement are taken to be water approval conditions of 26
the approval. 27
Note-- 28
For provisions about water infrastructure agreements, see part 29
7, division 7. 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 28]
Clause 28 Amendment of s 99BRAT (Assessment of connections, 1
water approvals and works) 2
Section 99BRAT-- 3
insert-- 4
(2) Subsection (1) does not apply to a connection, 5
including works for the connection, in a priority 6
development area under the Economic 7
Development Act 2012. 8
Clause 29 Amendment of s 99BRAU (Requests for standard 9
connections) 10
Section 99BRAU(6), note, `applies'-- 11
omit, insert-- 12
and part 7, divisions 3 to 7 apply 13
Clause 30 Amendment of s 99BRAW (Meaning of interested person 14
and original decision) 15
(1) Section 99BRAW(1)(c)-- 16
omit, insert-- 17
(c) has had 1 or more of the following charges 18
levied for a connection, other than for a 19
standard connection-- 20
(i) a connection charge; 21
(ii) a property service works charge; 22
(iii) a charge under an infrastructure 23
charges notice; or 24
(d) has been given a notice under section 25
99BRDG about a conversion application, or 26
there is a deemed refusal for the application. 27
(2) Section 99BRAW(2)(c)-- 28
omit, insert-- 29
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[s 31]
(c) the decision to levy a charge for a 1
connection mentioned in subsection (1)(c)(i) 2
or (ii) (a charge decision); 3
(d) the decision to give an infrastructure charges 4
notice; 5
(e) the refusal or deemed refusal of a 6
conversion application (a conversion 7
decision). 8
(3) Section 99BRAW-- 9
insert-- 10
(3) However, for an original decision under 11
subsection (2)(a), an interested person can not 12
appeal a water approval condition that became a 13
condition under section 99BRAM. 14
Clause 31 Replacement of s 99BRAX (Meaning of standard appeal 15
period) 16
Section 99BRAX-- 17
omit, insert-- 18
99BRAX Other definitions for pt 4 19
In this part-- 20
charge decision see section 99BRAW(2)(c). 21
conversion decision see section 99BRAW(2)(e). 22
deemed refusal, for a conversion application, 23
means a refusal of the application that is taken to 24
have happened if a decision is not made within 25
the required period for the application. 26
required period, for a conversion application, see 27
section 99BRDF(6). 28
standard appeal period, for an appeal under 29
division 3 or 4, means-- 30
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[s 32]
(a) if the notice for the review decision is given 1
to the interested person--within 20 business 2
days after the notice was given; and 3
(b) otherwise--within 20 business days after 4
the review decision is taken to have been 5
made under section 99BRBC(4). 6
Clause 32 Amendment of s 99BRBA (Requirements for making 7
internal review application) 8
Section 99BRBA(c)-- 9
omit, insert-- 10
(c) made within 30 business days after the 11
day-- 12
(i) for a failure to decide or a deemed 13
refusal of a conversion 14
application--the relevant decision was 15
required to be made; or 16
(ii) otherwise--the original decision is 17
made. 18
Clause 33 Amendment of s 99BRBC (Notice of review decision) 19
Section 99BRBC(3)(a), from `building' to `Act'-- 20
omit, insert-- 21
building and development committee 22
Clause 34 Amendment of s 99BRBD (Internal review stops 23
particular actions) 24
Section 99BRBD(1), from `for' to `charge decision'-- 25
omit. 26
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 35]
Clause 35 Amendment of ch 4C, pt 4, div 3, hdg and s 99BRBE 1
Chapter 4C, part 4, division 3, heading and section 99BRBE(2), 2
`dispute resolution'-- 3
omit. 4
Clause 36 Amendment of s 99BRBF (Appeals about applications for 5
connections--particular charges) 6
(1) Section 99BRBF(1)(a), after `decision'-- 7
insert-- 8
or a decision to give an infrastructure charges notice 9
(2) Section 99BRBF(2) to (4)-- 10
omit, insert-- 11
(2) The applicant may appeal to a building and 12
development committee about the review 13
decision. 14
(3) The appeal may be made only on 1 or more of the 15
following grounds-- 16
(a) the decision involved an error relating to the 17
application of the relevant charge; 18
(b) if the decision is the giving of an 19
infrastructure charges notice-- 20
(i) the decision involved an error relating 21
to-- 22
(A) the working out, for section 23
99BRCJ, of additional demand; or 24
(B) an offset or refund; or 25
(ii) there was no decision about an offset or 26
refund. 27
(4) To remove any doubt, it is declared that the 28
appeal must not be about-- 29
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 37]
(a) for the application of the relevant 1
charge--the charge itself; or 2
(b) for a decision about an offset or refund for 3
an infrastructure charges notice-- 4
(i) the establishment cost of infrastructure 5
identified in the distributor-retailer's 6
water netserv plan; or 7
(ii) the cost of infrastructure decided using 8
the method included in the 9
distributor-retailer's infrastructure 10
charges schedule. 11
(5) The appeal must be started within the standard 12
appeal period. 13
Clause 37 Insertion of new s 99BRBFA 14
After section 99BRBF-- 15
insert-- 16
99BRBFA Appeals against refusal of conversion 17
application 18
(1) This section applies to an applicant for a 19
conversion application if-- 20
(a) the applicant applied for internal review of 21
the conversion decision; and 22
(b) the review decision is not the decision 23
sought by the applicant. 24
(2) The applicant may appeal to a building and 25
development committee against the review 26
decision. 27
(3) The appeal must be started within the standard 28
appeal period. 29
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 38]
Clause 38 Amendment of s 99BRBG (Application of relevant 1
committee appeal provisions) 2
(1) Section 99BRBG(1)-- 3
insert-- 4
(e) an infrastructure charges notice under the 5
Planning Act were an infrastructure charges 6
notice under this Act; and 7
(f) the period required under the Planning Act 8
for lodging a document to start proceedings 9
were a reference to the period required 10
under this Act for lodging a document to 11
start proceedings. 12
(2) Section 99BRBG(2), definition relevant committee appeal 13
provisions, paragraph (a), from `564(2)(e)' to `569'-- 14
omit, insert-- 15
564(2)(d) and (e)), 567, 569 and 569A 16
Clause 39 Amendment of s 99BRBK (Registrar must ask 17
distributor-retailer for material in particular proceedings) 18
Section 99BRBK(1) and (2)-- 19
omit, insert-- 20
(1) This section applies to an appeal under-- 21
(a) section 99BRBE if the applicant applied for 22
internal review of a failure to decide; or 23
(b) section 99BRBFA if the applicant applied 24
for internal review of a deemed refusal of a 25
conversion application. 26
(2) The registrar of building and development 27
committees must ask the distributor-retailer to 28
give the registrar-- 29
(a) all material, including plans and 30
specifications, relevant to the application; 31
and 32
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 40]
(b) a statement of the reasons the 1
distributor-retailer had not decided the 2
application during the period for deciding 3
the application; and 4
(c) any other information the registrar requires. 5
Clause 40 Amendment of s 99BRBL (Lodging appeal stops 6
particular actions) 7
(1) Section 99BRBL(1), from `for' to `charge decision'-- 8
omit. 9
(2) Section 99BRBL(2), `dispute resolution'-- 10
omit. 11
Clause 41 Amendment of s 99BRBO (Appeals about applications for 12
connections--particular charges) 13
(1) Section 99BRBO(1)(a), after `decision'-- 14
insert-- 15
or a decision to give an infrastructure charges notice 16
(2) Section 99BRBO(3) to (5)-- 17
omit, insert-- 18
(3) An appeal under this section may be made only 19
on 1 or more of the following grounds-- 20
(a) the charge imposed by the 21
distributor-retailer is so unreasonable that no 22
reasonable distributor-retailer could have 23
imposed it; 24
(b) the decision involved an error relating to the 25
application of the relevant charge; 26
(c) if the decision is the giving of an 27
infrastructure charges notice-- 28
(i) the decision involved an error relating 29
to-- 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 42]
(A) the working out, for section 1
99BRCJ, of additional demand; or 2
(B) an offset or refund; or 3
(ii) there was no decision about an offset or 4
refund. 5
(4) To remove any doubt, it is declared that the 6
appeal must not be about-- 7
(a) for the application of the relevant 8
charge--the charge itself; or 9
(b) for a decision about an offset or refund for 10
an infrastructure charges notice-- 11
(i) the establishment cost of infrastructure 12
identified in the distributor-retailer's 13
water netserv plan; or 14
(ii) the cost of infrastructure decided using 15
the method included in the 16
distributor-retailer's infrastructure 17
charges schedule. 18
(5) The appeal must be started within the standard 19
appeal period. 20
Clause 42 Insertion of new s 99BRBOA 21
After section 99BRBO-- 22
insert-- 23
99BRBOA Appeals against refusal of conversion 24
application 25
(1) This section applies to an applicant for a 26
conversion application if-- 27
(a) the applicant applied for internal review of 28
the conversion decision; and 29
(b) the review decision is not the decision 30
sought by the applicant. 31
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Part 3 Amendment of other Acts
[s 43]
(2) The applicant may appeal to the Planning and 1
Environment Court against the review decision. 2
(3) The appeal must be started within the standard 3
appeal period. 4
Clause 43 Amendment of s 99BRBV (Lodging appeal stops 5
particular actions) 6
Section 99BRBV(1), from `an appeal' to `charge decision'-- 7
omit, insert-- 8
an appeal, other than an appeal under section 99BRBP, 9
is started under this division 10
Clause 44 Renumbering of ss 99BRDD and 99BRDE 11
Sections 99BRDD and 99BRDE-- 12
renumber as sections 99BRDQ and 99BRDR. 13
Clause 45 Insertion of new ch 4C, pt 7 14
After section 99BRCB-- 15
insert-- 16
Part 7 Water infrastructure 17
Division 1 Preliminary 18
99BRCC Definitions for pt 7 19
In this part-- 20
additional payment condition see section 21
99BRCU(1). 22
agreement means an agreement in writing. 23
automatic increase provision see section 24
99BRCG(3)(b). 25
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 45]
board decision see section 99BRCF(1). 1
breakup agreement means an agreement entered 2
into by a distributor-retailer and its participating 3
local government under the Planning Act, section 4
632(2). 5
establishment cost, for a provision about trunk 6
infrastructure, means the following-- 7
(a) for existing infrastructure-- 8
(i) the value of the infrastructure as 9
reflected in the relevant 10
distributor-retailer's asset register; and 11
(ii) the current value of the land acquired 12
for the infrastructure; 13
(b) for future infrastructure--all costs of land 14
acquisition, and design and construction, for 15
the infrastructure. 16
infrastructure charges schedule see section 17
99BRCD. 18
levied charge see section 99BRCI(6). 19
necessary infrastructure condition see section 20
99BRCP(2). 21
payer, for a provision about a levied charge or for 22
a payment, means anyone who pays part or all of 23
the charge or payment. 24
payment includes a contribution by way of a 25
payment. 26
PPI index means the following-- 27
(a) generally--the producer price index for 28
construction 6427.0 (ABS PPI) index 29
number 3101--Road and Bridge 30
construction index for Queensland 31
published by the Australian Bureau of 32
Statistics; 33
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 45]
(b) if an index described in paragraph (a) ceases 1
to be published--another similar index 2
prescribed by regulation. 3
premises means-- 4
(a) a building or other structure; or 5
(b) land, whether or not a building or other 6
structure is located on the land. 7
SPRP (adopted charges) see the Planning Act, 8
section 629(5). 9
subject premises see section 99BRCP(1). 10
Division 2 Infrastructure charges 11
schedule 12
99BRCD Operation of div 2 13
This division applies if the charges schedule (an 14
infrastructure charges schedule) of a 15
distributor-retailer includes an adopted charge. 16
99BRCE Schedule of charges to be adopted 17
(1) The distributor-retailer's board must adopt its 18
infrastructure charges schedule before the 19
schedule is-- 20
(a) included in the distributor-retailer's water 21
netserv plan; and 22
(b) uploaded to the distributor-retailer's 23
website. 24
(2) The infrastructure charges schedule must include 25
the matters dealt with in the board's decision 26
under division 3, subdivisions 1 and 2. 27
(3) A charge in the infrastructure charges schedule 28
takes effect-- 29
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[s 45]
(a) if the infrastructure charges schedule is 1
uploaded to the distributor-retailer's website 2
before the beginning of the day stated in the 3
board decision as the day the charge takes 4
effect--on the day stated in the board 5
decision; or 6
(b) otherwise--the day the infrastructure 7
charges schedule is uploaded to the 8
distributor-retailer's website. 9
Division 3 Charges for trunk 10
infrastructure 11
Subdivision 1 Power to adopt charges 12
99BRCF Power to adopt charges by board decision 13
(1) A distributor-retailer's board may decide (a 14
board decision) to adopt charges (each an 15
adopted charge) for providing trunk 16
infrastructure in relation to its water service or 17
wastewater service. 18
(2) However-- 19
(a) a board decision does not, of itself, levy an 20
infrastructure charge; and 21
(b) the making of a board decision is subject to 22
subdivision 2; and 23
(c) an adopted charge must not be for-- 24
(i) trunk infrastructure related to work or 25
use of land authorised under the 26
Greenhouse Gas Storage Act 2009, the 27
Mineral Resources Act 1989, the 28
Petroleum Act 1923 or the Petroleum 29
and Gas (Production and Safety) Act 30
2004; or 31
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[s 45]
(ii) trunk infrastructure related to 1
development in a priority development 2
area under the Economic Development 3
Act 2012. 4
(3) A board decision must state the day when an 5
adopted charge in the board decision is to take 6
effect. 7
Note-- 8
See section 99BRCE(3). 9
Subdivision 2 Board decision 10
99BRCG Matters for board decision 11
(1) An adopted charge may be made only if it is-- 12
(a) permitted under the SPRP (adopted 13
charges); and 14
(b) no more than the proportion of the 15
maximum adopted charge for trunk 16
infrastructure the distributor-retailer may 17
have under-- 18
(i) a breakup agreement to which it is a 19
party; or 20
(ii) if it is not a party to a breakup 21
agreement--the SPRP (adopted 22
charges). 23
(2) There may be different adopted charges for 24
providing trunk infrastructure in different parts of 25
the distributor-retailer's geographic area. 26
(3) Also, a board decision may do the following-- 27
(a) declare there is no adopted charge for part or 28
all of the distributor-retailer's geographic 29
area; 30
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[s 45]
(b) provide for automatic increases in levied 1
charges from when they are levied to when 2
they are paid (an automatic increase 3
provision). 4
(4) However, an automatic increase provision must 5
state how increases under it are to be worked out. 6
(5) Also, the automatic increase must not be more 7
than the lesser of the following-- 8
(a) the difference between the levied charge and 9
the amount mentioned in subsection (1)(b) 10
the distributor-retailer could have levied for 11
the trunk infrastructure when the charge is 12
paid; 13
(b) the increase for the PPI index for the period 14
starting on the day the levied charge was 15
levied and ending on the day it is paid, 16
adjusted by reference to the 3-yearly PPI 17
index average. 18
(6) In this section-- 19
3-yearly PPI index average means the PPI index 20
smoothed in accordance with the 3-year moving 21
average quarterly percentage change between 22
quarters. 23
maximum adopted charge, for trunk 24
infrastructure, means the maximum for an 25
adopted charge for the infrastructure imposed 26
under an SPRP (adopted charges), as mentioned 27
in the Planning Act, section 629(1) as the amount 28
of that maximum is changed, from time to time, 29
under the Planning Act, section 629(2). 30
99BRCH Working out cost of infrastructure for 31
offset or refund 32
(1) For the purpose of working out an offset or 33
refund under this part, a board decision must 34
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[s 45]
include a method for working out the cost of the 1
infrastructure the subject of the offset or refund. 2
(2) The method must be consistent with the 3
parameters for the purpose provided for under-- 4
(a) the SPRP (adopted charges); or 5
(b) if the parameters are not provided for under 6
the SPRP (adopted charges)--a guideline 7
mentioned in the Planning Act, section 8
633(2)(b). 9
Subdivision 3 Levying charges 10
99BRCI When charge may be levied and recovered 11
(1) This section applies if-- 12
(a) a distributor-retailer has given a water 13
approval; and 14
(b) an adopted charge applies for providing the 15
trunk infrastructure; and 16
(c) the connection the subject of the water 17
approval is not being carried out by a public 18
sector entity on designated land under the 19
Planning Act. 20
(2) The distributor-retailer must give the applicant 21
for the water approval an infrastructure charges 22
notice. 23
(3) The distributor-retailer may give the 24
infrastructure charges notice only within 10 25
business days after the distributor-retailer gives 26
the applicant a decision notice under section 27
99BRAI or a notice under section 99BRAU(5). 28
(4) Subsection (3) is subject to any provision under 29
which an infrastructure charges notice may be 30
amended or replaced. 31
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 45]
Note-- 1
See sections 99BRAK(5)(c), 99BRDC(3) and 2
99BRDH(4). 3
(5) The infrastructure charges notice lapses if the 4
water approval stops having effect. 5
(6) If the infrastructure charges notice levies on the 6
applicant an amount for a charge worked out by 7
applying the adopted charge (a levied charge), 8
the following apply for the levied charge-- 9
(a) its amount is subject to sections 99BRCJ 10
and 99BRCT; 11
(b) it is payable by the applicant; 12
(c) it attaches to the land; 13
(d) it only becomes payable as provided for 14
under subdivision 4; 15
(e) it is subject to any agreement under section 16
99BRCM(1); 17
(f) the distributor-retailer may recover from the 18
applicant the amount, or part of the amount, 19
of the charge as a debt. 20
(7) In this section-- 21
public sector entity see the Planning Act, 22
schedule 3. 23
99BRCJ Limitation of levied charge 24
(1) A levied charge may be only for additional 25
demand placed upon trunk infrastructure that will 26
be generated by the connection the subject of the 27
water approval. 28
(2) In working out additional demand, the following 29
relating to the premises must not be included-- 30
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[s 45]
(a) existing demand for a water service or waste 1
water service that is the subject of an 2
existing water approval; 3
(b) existing uses that are lawful and already 4
taking place on the premises; 5
(c) other development that may be lawfully 6
carried out on the premises without the need 7
for a further development permit under the 8
Planning Act. 9
99BRCK Requirements for infrastructure charges 10
notice 11
(1) An infrastructure charges notice must state all of 12
the following for the levied charge-- 13
(a) its current amount; 14
(b) how it has been worked out; 15
(c) the land; 16
(d) when it will be payable under section 17
99BRCL (without considering any possible 18
water infrastructure agreement); 19
(e) if an automatic increase provision applies-- 20
(i) that it is subject to automatic increases; 21
and 22
(ii) how the increases are worked out under 23
the provision; 24
(f) whether an offset or refund under this part 25
applies and, if so, details of the offset or 26
refund. 27
(2) The infrastructure charges notice must also 28
include, or be accompanied by, an information 29
notice about the decision to give the notice. 30
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Subdivision 4 Payment 1
99BRCL Payment triggers generally 2
(1) A levied charge for trunk infrastructure becomes 3
payable-- 4
(a) if the charge applies for a water approval 5
and there is a related reconfiguring of a lot 6
that is assessable development or 7
development requiring compliance 8
assessment--when the network connection 9
is made; or 10
(b) otherwise--when the property service 11
connection is made. 12
(2) This section is subject to any relevant water 13
infrastructure agreement. 14
(3) In this section-- 15
assessable development see the Planning Act, 16
schedule 3. 17
99BRCM Agreements about payment or provision 18
instead of payment 19
(1) The recipient of an infrastructure charges notice 20
and the distributor-retailer that gave it may agree 21
about either or both of the following-- 22
(a) whether the levied charge may be paid other 23
than as required under section 99BRCL, 24
including whether it may be paid by 25
instalments; 26
(b) whether infrastructure may be provided 27
instead of paying part or all of the levied 28
charge. 29
(2) If the levied charge is subject to an automatic 30
increase provision, the agreement must state how 31
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increases in the charges are payable under the 1
agreement. 2
Subdivision 5 Changing charges 3
99BRCN Application of Planning Act, ch 8, pt 2, div 4
1, sdiv 5 5
The Planning Act, chapter 8, part 2, division 1, 6
subdivision 5 applies to an infrastructure charges 7
notice given by a distributor-retailer with any 8
necessary changes, as if a reference in the subdivision 9
to-- 10
(a) an infrastructure charges notice were a 11
reference to an infrastructure charges notice 12
under this Act; and 13
(b) the local government that gave the 14
infrastructure charges notice were the 15
distributor-retailer that gave the 16
infrastructure charges notice under this Act; 17
and 18
(c) the relevant appeal period were a reference 19
to the period within which the recipient of 20
the infrastructure charges notice may make 21
an internal review application under part 4, 22
division 2 of this Act about the decision to 23
give an infrastructure charges notice. 24
Subdivision 6 Miscellaneous 25
99BRCO Distributor-retailer may supply different 26
trunk infrastructure from that identified in a 27
water netserv plan 28
A distributor-retailer may supply different trunk 29
infrastructure from the infrastructure identified in its 30
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water netserv plan if the infrastructure supplied 1
delivers the same desired standard of service identified 2
in the plan. 3
Division 4 Water approval conditions 4
about trunk infrastructure 5
Subdivision 1 Conditions for necessary 6
trunk infrastructure 7
99BRCP Application and operation of sdiv 1 8
(1) This subdivision applies if trunk infrastructure 9
necessary to service the premises the subject of a 10
water approval (the subject premises)-- 11
(a) has not been provided; or 12
(b) has been provided but is inadequate. 13
(2) Sections 99BRCQ and 99BRCR provide for a 14
distributor-retailer to be able to impose particular 15
water approval conditions (each condition is a 16
necessary infrastructure condition) on any 17
water approval given. 18
99BRCQ Necessary infrastructure condition for 19
infrastructure identified in water netserv plan 20
(1) This section applies if the distributor-retailer's 21
water netserv plan identifies adequate trunk 22
infrastructure to service the subject premises. 23
(2) The distributor-retailer may impose a water 24
approval condition requiring either or both of the 25
following to be provided at a stated time-- 26
(a) the identified infrastructure; 27
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(b) different trunk infrastructure delivering the 1
same desired standard of service. 2
99BRCR Necessary infrastructure condition for 3
other infrastructure 4
(1) This section applies if the distributor-retailer's 5
water netserv plan does not identify adequate 6
trunk infrastructure to service the subject 7
premises. 8
(2) The distributor-retailer may impose a water 9
approval condition that requires trunk 10
infrastructure necessary to service the premises 11
to be provided at a stated time. 12
(3) However, the distributor-retailer may impose a 13
condition under subsection (2) only if the 14
infrastructure is trunk infrastructure that services 15
a connection-- 16
(a) consistent with the assumptions about the 17
type, scale, location, timing or intensity of 18
future development stated in the water 19
netserv plan; and 20
(b) for premises completely inside the 21
connection area and future connection area. 22
99BRCS Deemed compliance with reasonable or 23
relevant requirement 24
(1) A necessary infrastructure condition is taken to 25
comply with section 99BRAJ(1) if-- 26
(a) generally, the infrastructure required is-- 27
(i) necessary to service the subject 28
premises; and 29
(ii) the most efficient and cost-effective 30
solution for servicing other premises in 31
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the general area of the subject 1
premises; and 2
(b) for a necessary infrastructure condition that 3
requires the provision of the infrastructure 4
on the subject premises, its provision-- 5
(i) is not an unreasonable imposition on 6
the connection; and 7
(ii) is reasonably required for the 8
connection. 9
(2) To remove any doubt, it is declared that a 10
necessary infrastructure condition may be 11
imposed for infrastructure even if it will service 12
premises other than the subject premises. 13
99BRCT Offset or refund requirements 14
(1) This section applies if-- 15
(a) trunk infrastructure the subject of a 16
necessary infrastructure condition services, 17
or is planned to service, premises other than 18
the subject premises; and 19
(b) an adopted charge applies for the trunk 20
infrastructure. 21
(2) If the cost of the infrastructure required to be 22
provided under the condition is equal to or less 23
than the amount worked out by applying the 24
adopted charge, the cost must be offset against 25
that amount. 26
Note-- 27
For how the cost is worked out, see sections 99BRCH 28
and 99BRDC. 29
(3) If the cost of the infrastructure required to be 30
provided under the condition is more than the 31
amount worked out by applying the adopted 32
charge-- 33
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(a) there is no amount payable by the applicant 1
for the relevant water approval; and 2
(b) the distributor-retailer must refund the 3
applicant the proportion of the 4
establishment cost of the trunk 5
infrastructure that-- 6
(i) may be apportioned reasonably to users 7
of premises other than the subject 8
premises; and 9
(ii) has been, is or is to be the subject of a 10
levied charge. 11
(4) Timing of the refund is subject to terms agreed 12
between the payer and the distributor-retailer. 13
Subdivision 2 Conditions for additional 14
trunk infrastructure costs 15
99BRCU Power to impose 16
(1) A distributor-retailer may impose a condition (an 17
additional payment condition) on a water 18
approval requiring the payment of additional 19
trunk infrastructure costs if-- 20
(a) the connection-- 21
(i) will generate infrastructure demand of 22
more than that required to service the 23
type, scale or intensity of future 24
development assumed in the water 25
netserv plan; or 26
(ii) will require new trunk infrastructure 27
earlier than when identified in the 28
distributor-retailer's water netserv plan; 29
or 30
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(iii) is for premises completely or partly 1
outside the connection area and future 2
connection area; and 3
(b) the connection would impose additional 4
trunk infrastructure costs on the 5
distributor-retailer after taking into account 6
either or both of the following-- 7
(i) levied charges for the trunk 8
infrastructure; 9
(ii) trunk infrastructure provided, or to be 10
provided, by the applicant under this 11
part. 12
(2) An additional payment condition is taken to 13
comply with section 99BRAJ(1) to the extent the 14
infrastructure is necessary, but not yet available, 15
to service the connection. 16
(3) Subsection (2) applies even if the infrastructure is 17
also intended to service other premises. 18
(4) The power to impose an additional payment 19
condition is subject to the rest of this subdivision. 20
99BRCV Content of additional payment condition 21
(1) An additional payment condition must state all of 22
the following-- 23
(a) why it was imposed; 24
(b) the amount of the payment to be made under 25
the condition; 26
(c) details of the trunk infrastructure for which 27
the payment is required; 28
(d) when the amount becomes payable (the 29
payment time); 30
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(e) that the applicant may, instead of making the 1
payment, elect to provide part or all of the 2
trunk infrastructure; 3
(f) if the applicant so elects-- 4
(i) any requirements for providing the 5
trunk infrastructure; and 6
(ii) when it must be provided. 7
(2) Unless the applicant and the distributor-retailer 8
otherwise agree, the payment time is-- 9
(a) if the trunk infrastructure is necessary to 10
service the premises--by the day the 11
connection, or work associated with the 12
connection, starts; or 13
(b) if the trunk infrastructure is not necessary to 14
service the premises-- 15
(i) for a connection associated with 16
reconfiguring a lot--when the network 17
connection is made; or 18
(ii) for other connections--when the 19
property service connection is made. 20
99BRCW Restriction if connection completely in 21
connection area and future connection area 22
(1) This section applies for an additional payment 23
condition imposed by a distributor-retailer for a 24
connection completely inside the connection area 25
and future connection area. 26
(2) The additional payment condition may require a 27
payment only as follows-- 28
(a) for trunk infrastructure to be provided 29
earlier than planned in the water netserv 30
plan, the difference between-- 31
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(i) the establishment cost of the 1
infrastructure made necessary by the 2
connection; and 3
(ii) the amount of any charge paid for the 4
trunk infrastructure; 5
(b) for infrastructure associated with a different 6
type, scale or intensity of future 7
development from that assumed in the water 8
netserv plan--the establishment cost of any 9
additional trunk infrastructure made 10
necessary by the connection. 11
99BRCX Other area restrictions 12
(1) This section applies for an additional payment 13
condition imposed by a distributor-retailer for a 14
connection completely or partly outside the 15
connection area and future connection area. 16
(2) The additional payment condition may only 17
require the payment of-- 18
(a) the establishment cost of trunk 19
infrastructure that is-- 20
(i) made necessary by the connection; and 21
(ii) needed to service the rest of the 22
connection area and future connection 23
area; and 24
(b) either or both of the following establishment 25
costs of any temporary infrastructure-- 26
(i) costs required to ensure the safe or 27
efficient operation of infrastructure 28
needed to service the connection; 29
(ii) costs made necessary by the 30
connection; and 31
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(c) any decommissioning, removal and 1
rehabilitation costs of the temporary 2
infrastructure; and 3
(d) the maintenance and operating costs for up 4
to 5 years of the infrastructure and 5
temporary infrastructure as mentioned in 6
paragraphs (a) and (b). 7
99BRCY Refund if connection in connection area 8
and future connection area 9
(1) This section applies for an additional payment 10
condition imposed by a distributor-retailer for a 11
connection completely inside the connection area 12
and future connection area. 13
(2) The distributor-retailer must refund the payer the 14
proportion of the establishment cost of the 15
infrastructure that-- 16
(a) may be apportioned reasonably to other 17
users of the infrastructure; and 18
(b) has been, is or is to be, the subject of a 19
levied charge by the distributor-retailer. 20
(3) Timing of the refund is subject to terms agreed 21
between the payer and distributor-retailer. 22
99BRCZ Refund if water approval ceases 23
(1) This section applies if-- 24
(a) a water approval subject to an additional 25
payment condition no longer has effect; and 26
(b) a payment has been made under the 27
condition; and 28
(c) construction of the infrastructure the subject 29
of the condition has not substantially started 30
before the water approval no longer has 31
effect. 32
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(2) The distributor-retailer must refund the payer any 1
part of the payment the distributor-retailer has not 2
spent, or contracted to spend, on designing and 3
constructing the infrastructure. 4
(3) Timing of the refund is subject to terms agreed 5
between the payer and distributor-retailer. 6
99BRDA Additional payment condition does not 7
affect other powers 8
To remove any doubt, it is declared that the imposition 9
of an additional payment condition does not prevent a 10
distributor-retailer from doing the following-- 11
(a) adopting charges for trunk infrastructure or 12
levying charges; 13
(b) imposing a condition for non-trunk 14
infrastructure; 15
(c) imposing a necessary infrastructure 16
condition. 17
Subdivision 3 Miscellaneous provisions 18
99BRDB No conditions on State infrastructure 19
suppliers 20
(1) A distributor-retailer can not impose a condition 21
under this division on a supplier of State 22
infrastructure. 23
(2) In this section-- 24
State infrastructure see the Planning Act, 25
schedule 3. 26
99BRDC Working out cost for required offset or 27
refund 28
(1) This section applies if-- 29
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(a) a distributor-retailer has given an applicant 1
for a water approval-- 2
(i) a water approval under which the 3
applicant is required to provide trunk 4
infrastructure; and 5
(ii) an infrastructure charges notice that 6
includes details of an offset or refund 7
under this part relating to the 8
establishment cost of the trunk 9
infrastructure; and 10
(b) the applicant does not agree with the value 11
of the establishment cost. 12
(2) The applicant may, by notice to the 13
distributor-retailer, require it to use the method 14
under the relevant infrastructure charges schedule 15
to recalculate the establishment cost. 16
(3) By notice to the applicant, the distributor-retailer 17
must amend the existing infrastructure charges 18
notice. 19
(4) The amended infrastructure charges notice must 20
adopt the method to work out the establishment 21
cost. 22
Division 5 Miscellaneous provisions 23
about trunk infrastructure 24
Subdivision 1 Conversion of particular 25
non-trunk infrastructure 26
before construction starts 27
99BRDD Application of sdiv 1 28
This subdivision applies if-- 29
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(a) a particular water approval condition under 1
section 99BRDJ requires non-trunk 2
infrastructure to be provided; and 3
(b) the construction of the non-trunk 4
infrastructure has not started. 5
99BRDE Application to convert infrastructure to 6
trunk infrastructure 7
(1) The applicant for the water approval may apply 8
(a conversion application) to convert the 9
non-trunk infrastructure to trunk infrastructure. 10
(2) The application must be made to the 11
distributor-retailer in writing. 12
99BRDF Deciding conversion application 13
(1) The distributor-retailer must consider and decide 14
the conversion application within the required 15
period. 16
(2) A regulation may prescribe criteria relevant to a 17
decision about a conversion application. 18
(3) However, at any time before making the decision, 19
the distributor-retailer may give a notice (an 20
information requirement) to the applicant 21
requiring the applicant to give information the 22
distributor-retailer reasonably needs to make the 23
decision. 24
(4) The notice must state-- 25
(a) what information it requires; and 26
(b) a period of at least 10 business days for 27
giving the information; and 28
(c) the effect of subsection (5). 29
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(5) The application lapses if the applicant does not 1
comply with the notice within the later of the 2
following-- 3
(a) the period stated in the notice for giving the 4
information; 5
(b) any later period, as agreed within the period 6
stated in the notice, between the 7
distributor-retailer and the applicant. 8
(6) In this section-- 9
required period means 30 business days after-- 10
(a) generally--the making of the application; or 11
(b) if an information requirement is made--the 12
requirement is complied with. 13
99BRDG Notice of decision 14
(1) As soon as practicable after deciding the 15
conversion application, the distributor-retailer 16
must give the applicant notice of the decision. 17
(2) If the decision is to convert the non-trunk 18
infrastructure to trunk infrastructure, the notice 19
must state whether an offset or refund under this 20
part applies and, if it does, details of the offset or 21
refund. 22
(3) If the decision is not to convert the non-trunk 23
infrastructure to trunk infrastructure, the notice 24
must be an information notice about the decision. 25
99BRDH Effect of and action after conversion 26
(1) This section applies if the decision on a 27
conversion application is to convert the non-trunk 28
infrastructure to trunk infrastructure. 29
Note-- 30
See schedule, definition trunk infrastructure. 31
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(2) The relevant water approval condition requiring 1
the non-trunk infrastructure to be provided no 2
longer has effect. 3
(3) Within 20 business days after making the 4
decision, the distributor-retailer may amend the 5
water approval by imposing a necessary 6
infrastructure condition for the trunk 7
infrastructure. 8
(4) If a necessary infrastructure condition is 9
imposed, the distributor-retailer must also do 10
either of the following within 10 business days 11
after the imposition for the purposes of section 12
99BRCT(2) or (3)(b)-- 13
(a) give an infrastructure charges notice; 14
(b) amend, by notice to the applicant, any 15
existing infrastructure charges notice for the 16
water approval. 17
(5) For taking action under subsections (3) and (4), 18
divisions 3 and 4 and part 4 apply as if-- 19
(a) a water approval were a reference to the 20
conversion; and 21
(b) a levied charge were a reference to the 22
amendment of the levied charge. 23
Subdivision 2 Other provisions 24
99BRDI Application of levied charge 25
(1) A levied charge paid to a distributor-retailer must 26
be used to provide trunk infrastructure. 27
(2) To remove any doubt, it is declared that the 28
amount paid need not be held in trust by the 29
distributor-retailer. 30
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Division 6 Non-trunk infrastructure 1
99BRDJ Conditions distributor-retailers may 2
impose 3
(1) This section applies for the imposition by a 4
distributor-retailer of a water approval condition 5
about non-trunk infrastructure. 6
(2) The condition may be only about providing 7
development infrastructure for 1 or more of the 8
following-- 9
(a) a network, or part of a network, internal to 10
the premises; 11
(b) connecting the premises to external 12
infrastructure networks; 13
(c) protecting or maintaining the safety or 14
efficiency of the water infrastructure 15
network of which the non-trunk 16
infrastructure is a component. 17
(3) The condition must state the infrastructure to be 18
provided and when it must be provided. 19
Division 7 Water infrastructure 20
agreements 21
99BRDK Water infrastructure agreement 22
A water infrastructure agreement is an agreement, as 23
amended from time to time, mentioned in any of the 24
following-- 25
· section 99BRCM(1) 26
· section 99BRCT(4) 27
· section 99BRCV(2) 28
· section 99BRCY(3) 29
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· section 99BRCZ(3) 1
· section 99BRDP(1). 2
99BRDL Obligation to negotiate in good faith 3
(1) This section applies if-- 4
(a) a distributor-retailer proposes to another 5
entity that they enter into a water 6
infrastructure agreement; or 7
(b) another entity proposes to a 8
distributor-retailer that they enter into a 9
water infrastructure agreement. 10
(2) The distributor-retailer or other entity to whom 11
the proposal is made must, in writing, tell the 12
proponent if it agrees to entering into 13
negotiations for an infrastructure agreement. 14
(3) In negotiating an infrastructure agreement, the 15
distributor-retailer and the other entity must act in 16
good faith. 17
Examples of actions that subsection (3) requires-- 18
· disclosing to the other party to the negotiation in a 19
timely way information relevant to entering into the 20
proposed agreement 21
· considering and responding in a timely way to the 22
other party's proposals about the proposed agreement 23
· giving reasons for each response 24
99BRDM Content of water infrastructure 25
agreement 26
A water infrastructure agreement must-- 27
(a) if obligations under it would be affected by a 28
change in the ownership of land the subject 29
of the agreement--include a statement 30
about how the obligations must be fulfilled 31
in that event; and 32
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(b) include any other matters required by 1
regulation to be included. 2
99BRDN When water infrastructure agreement 3
binds successors in title 4
(1) This section applies if the owner of land to which 5
a water infrastructure agreement applies is a 6
party to the agreement or consents to the water 7
connection obligations being attached to the land. 8
(2) The water connection obligations under the water 9
infrastructure agreement attach to the land and 10
bind the owner and the owner's successors in title 11
of the land. 12
(3) If the owner's consent under subsection (1) is 13
given but not endorsed on the water infrastructure 14
agreement, the owner must give a copy of the 15
document evidencing the owner's consent to the 16
distributor-retailer for the land to which the 17
consent applies. 18
(4) Despite subsection (2), subsections (5) and (6) 19
apply if-- 20
(a) the water infrastructure agreement states 21
that if the land is subdivided, part of the land 22
is to be released from the water connection 23
obligations; and 24
(b) the land is subdivided. 25
(5) The part is released from the water connection 26
obligations. 27
(6) The water connection obligations are no longer 28
binding on the owner of the part. 29
(7) In this section-- 30
public sector entity see the Planning Act, 31
schedule 3. 32
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water connection obligation means an obligation 1
under the water infrastructure agreement other 2
than an obligation to be fulfilled by a public 3
sector entity. 4
99BRDO Water infrastructure agreement prevails 5
over water approval and infrastructure 6
charges notice 7
If a water infrastructure agreement is inconsistent with 8
a water approval or infrastructure charges notice, the 9
agreement prevails to the extent of the inconsistency. 10
99BRDP Agreement for infrastructure partnerships 11
(1) A person may enter into an agreement with a 12
distributor-retailer about-- 13
(a) providing or funding infrastructure; or 14
(b) refunding payments made towards the cost 15
of providing or funding infrastructure. 16
(2) Subsection (1) has effect despite section 99BRAJ 17
and divisions 2 to 6. 18
Clause 46 Amendment of s 99BT (Keeping particular documents 19
available for inspection and purchase) 20
(1) Section 99BT(1)-- 21
insert-- 22
(ab) all supporting material used to draft its 23
water netserv plan; 24
(2) Section 99BT(1)(d)(iii), after `agreement'-- 25
insert-- 26
and water infrastructure agreement 27
(3) Section 99BT(1)(d)-- 28
insert-- 29
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(vi) each document mentioned in the water 1
netserv plan used to prepare the plan. 2
Clause 47 Amendment of s 140 (Schedule of works for 3
distributor-retailers before 1 October 2014) 4
Section 140(4)-- 5
omit, insert-- 6
(4) A reference to a water netserv plan in any of the 7
following provisions is taken to be a reference to 8
the schedule of works adopted by the 9
distributor-retailer's board under subsection 10
(1)-- 11
(a) section 99BRCO, 99BRCQ, 99BRCR, 12
99BRCU or 99BRCW; 13
(b) the schedule, definition trunk infrastructure. 14
Clause 48 Insertion of new ch 6, pt 10 15
After section 140-- 16
insert-- 17
Part 10 Transitional provisions 18
for Sustainable 19
Planning 20
(Infrastructure 21
Charges) and Other 22
Legislation 23
Amendment Act 2014 24
141 Transitional regulation-making power 25
(1) A regulation (a transitional regulation) may 26
make provision of a saving or transitional nature 27
for which it is necessary to make provision to 28
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allow or facilitate the change from the operation 1
of the unamended Act to the operation of the 2
amended Act. 3
(2) A transitional regulation may have retrospective 4
operation to a day that is not earlier than the 5
commencement. 6
(3) A transitional regulation must declare it is a 7
transitional regulation. 8
(4) This section and any transitional regulation 9
expire 1 year after the commencement. 10
(5) In this section-- 11
amended Act means this Act as in force after the 12
commencement. 13
commencement means the day this section 14
commences. 15
unamended Act means this Act as in force 16
immediately before the commencement. 17
Clause 49 Amendment of schedule (Dictionary) 18
(1) Schedule, definitions non-trunk infrastructure, premises and 19
priority infrastructure plan-- 20
omit. 21
(2) Schedule-- 22
insert-- 23
additional payment condition, for chapter 4C, 24
part 7, see section 99BRCC. 25
adopted charge, for chapter 4C, see section 26
99BRCF(1). 27
agreement, for chapter 4C, part 7, see section 28
99BRCC. 29
automatic increase provision, for chapter 4C, 30
part 7, see section 99BRCG(3)(b). 31
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board decision, for chapter 4C, part 7, see 1
section 99BRCF(1). 2
building and development committee means a 3
building and development dispute resolution 4
committee established under the Planning Act. 5
charges breakup see the Planning Act, section 6
627. 7
charge decision, for chapter 4C, part 4, see 8
section 99BRAX. 9
conversion application see section 99BRDE(1). 10
conversion decision, for chapter 4C, part 4, see 11
section 99BRAX. 12
deemed refusal, for a conversion application, see 13
section 99BRAX. 14
establishment cost, for chapter 4C, part 7, see 15
section 99BRCC. 16
infrastructure charges notice means-- 17
(a) if paragraphs (b) and (c) do not apply--an 18
infrastructure charges notice given under 19
section 99BRCI(2) or 99BRDH(4)(a); or 20
(b) if, under the Planning Act, section 643(1), 21
as applied under section 99BRCN, a 22
negotiated notice within the meaning of the 23
Planning Act, section 643(1) replaces an 24
existing infrastructure charges notice--the 25
negotiated notice; or 26
(c) if an existing infrastructure charges notice is 27
amended or replaced under section 28
99BRAK(5)(c), 99BRDC(3) or 29
99BRDH(4)(b)--the notice as amended or 30
replaced. 31
infrastructure charges schedule, for chapter 4C, 32
part 7, see section 99BRCD. 33
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levied charge, for chapter 4C, part 7, see section 1
99BRCI(6). 2
LGIP means an LGIP under the Planning Act. 3
necessary infrastructure condition, for chapter 4
4C, part 7, see section 99BRCP(2). 5
non-trunk infrastructure, for a 6
distributor-retailer, means water infrastructure of 7
the distributor-retailer that is development 8
infrastructure, other than trunk infrastructure. 9
payer, for a provision about a levied charge or for 10
a payment, see section 99BRCC. 11
payment, for chapter 4C, part 7, see section 12
99BRCC. 13
PPI index, for chapter 4C, part 7, see section 14
99BRCC. 15
premises-- 16
(a) for chapter 4C, part 7--see section 17
99BRCC; or 18
(b) otherwise, means-- 19
(i) a lot as defined under the Planning Act, 20
section 10(1); or 21
(ii) for a lot under the Body Corporate and 22
Community Management Act 1997 or 23
the Building Units and Group Titles Act 24
1980--the common property for the 25
lot. 26
reconfiguring a lot see the Planning Act, section 27
10(1). 28
required period, for a conversion application, see 29
section 99BRDF(6). 30
SPRP (adopted charges), for chapter 4C, part 7, 31
see section 99BRCC. 32
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standard appeal period, for chapter 4C, part 4, 1
see section 99BRAX. 2
subject premises, for chapter 4C, part 7, see 3
section 99BRCP(1). 4
water infrastructure agreement see section 5
99BRDK. 6
(3) Schedule, definition development infrastructure, `schedule 7
3'-- 8
omit, insert-- 9
section 627 10
(4) Schedule, definition distributor-retailer-- 11
insert-- 12
(g) for a provision about an infrastructure 13
charges notice--means the 14
distributor-retailer that gave the notice. 15
(5) Schedule, definition information notice, paragraph (b), before 16
`the Water'-- 17
insert-- 18
this Act or 19
(6) Schedule, definition planning assumptions, paragraphs (a)(i), 20
(b)(i) and (c)(i), `priority infrastructure plans'-- 21
omit, insert-- 22
LGIPs 23
(7) Schedule, definition planning assumptions, paragraphs (a)(ii), 24
(b)(ii) and (c)(ii), `priority infrastructure plan'-- 25
omit, insert-- 26
LGIP 27
(8) Schedule, definition trunk infrastructure, paragraphs (a) and 28
(b)-- 29
omit, insert-- 30
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(a) development infrastructure identified in the 1
distributor-retailer's water netserv plan as 2
trunk infrastructure; or 3
(b) development infrastructure that, because of 4
a conversion application, becomes trunk 5
infrastructure. 6
Division 2 State Development and Public 7
Works Organisation Act 1971 8
Clause 50 Act amended 9
This division amends the State Development and Public 10
Works Organisation Act 1971. 11
Clause 51 Amendment of s 24 (Definitions for pt 4) 12
Section 24, definitions properly made submission and submission 13
period-- 14
omit. 15
Clause 52 Insertion of new pt 4A 16
After section 54G-- 17
insert-- 18
Part 4A Assessment and 19
approval of particular 20
coordinated projects 21
under bilateral 22
agreement 23
Division 1 Preliminary 24
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54H Application and purpose of pt 4A 1
(1) This part applies if-- 2
(a) a bilateral agreement made under the 3
Commonwealth Environment Act-- 4
(i) is in force between the State and the 5
Commonwealth; and 6
(ii) declares that actions in a class of 7
actions specified in the agreement do 8
not require approval under the 9
Commonwealth Environment Act, part 10
9 for specified provisions because the 11
actions have been approved under a 12
bilaterally accredited authorisation 13
process; and 14
(b) this part has been accredited by the 15
Commonwealth Minister under the 16
Commonwealth Environment Act, section 17
46(2A), as the authorisation process for the 18
purposes of the bilateral agreement. 19
(2) The purpose of this part is to provide for a 20
process, to be accredited as mentioned in 21
subsection (1)(b), for coordinated projects that 22
are within the scope of the bilateral agreement to 23
be-- 24
(a) assessed in relation to their likely impact on 25
particular environmental matters that are 26
otherwise regulated under the 27
Commonwealth Environment Act; and 28
(b) approved, either with or without conditions 29
to protect, repair or mitigate damage to the 30
environmental matters, or refused. 31
(3) For this part, a coordinated project is within the 32
scope of the bilateral agreement if the project-- 33
(a) is an action within the class of actions 34
specified in the agreement that the 35
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declaration mentioned in subsection 1
(1)(a)(ii) applies to; and 2
(b) has had, will have or is likely to have an 3
impact on an environmental matter 4
protected by a specified provision. 5
54I Definitions for pt 4A 6
In this part-- 7
accepted submissions, for a coordinated project 8
or amendment application, means either or both 9
of the following-- 10
(a) all of the properly made submissions 11
received about the project or application; 12
(b) any other submissions about the project or 13
the application accepted by the 14
Coordinator-General; 15
to the extent the submissions relate to an 16
environmental matter protected by a specified 17
provision or another provision of the 18
Commonwealth Act, part 3. 19
action see the Commonwealth Environment Act, 20
sections 523, 524 and 524A. 21
assessment report see section 54W(4). 22
bilateral agreement means the bilateral 23
agreement mentioned in section 54H(1)(a) as in 24
force from time to time. 25
bilaterally accredited authorisation process see 26
the Commonwealth Environment Act, section 27
46(2A). 28
bilateral project declaration see section 54J(1). 29
coordinated project declaration means a 30
declaration made by the Coordinator-General as 31
mentioned under section 26(1)(a) or (b). 32
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environmental approval means-- 1
(a) an approval issued under section 54Y that 2
approves the undertaking of a coordinated 3
project for each environmental matter 4
protected by a specified provision stated in 5
the approval; or 6
(b) if that approval is amended as mentioned in 7
section 54ZE--the amended approval issued 8
under that section. 9
environmental law means a law of the 10
Commonwealth or a State about the protection of 11
the environment or the conservation and 12
sustainable use of natural resources. 13
environmental matter protected means a matter 14
protected by a provision of the Commonwealth 15
Environment Act, part 3, as mentioned in section 16
34 of that Act. 17
environmental record, of a proponent or 18
proposed new proponent of a coordinated project, 19
means-- 20
(a) any proceedings under an environmental 21
law to which the proponent has been a party; 22
and 23
(b) if the proponent is a corporation--the 24
proponent's environmental policies and 25
planning framework. 26
impact see the Commonwealth Environment Act, 27
section 527E. 28
information requirement notice see section 29
54S(2). 30
protected matters report means a report about the 31
likely impacts of a coordinated project on each 32
environmental matter protected by a specified 33
provision. 34
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specified provision means a provision of the 1
Commonwealth Environment Act specified in the 2
bilateral agreement as a provision for which the 3
agreement declares an action does not require 4
approval under the Commonwealth Environment 5
Act, part 9. 6
within the scope of the bilateral agreement, for a 7
coordinated project, see section 54H(3). 8
Division 2 Coordinated projects to be 9
assessed under this part 10
54J Declaration for coordinated project for this 11
part 12
(1) The Coordinator-General may declare (a 13
bilateral project declaration) a coordinated 14
project to be also a project to be assessed under 15
this part for the purposes of the bilateral 16
agreement. 17
(2) The Coordinator-General may make a bilateral 18
project declaration only if satisfied the 19
coordinated project-- 20
(a) is within the scope of the bilateral 21
agreement; and 22
(b) is not likely to have a significant impact on 23
an environmental matter protected by a 24
provision of the Commonwealth 25
Environment Act, part 3, that is not a 26
specified provision. 27
(3) However, the Coordinator-General must not 28
make a declaration under subsection (1) about a 29
coordinated project that is any of the following-- 30
(a) an action that the Commonwealth Minister 31
has decided, under the Commonwealth 32
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Environment Act, section 75, is not a 1
controlled action; 2
(b) an action about which the Commonwealth 3
Minister has made a decision, under the 4
Commonwealth Environment Act, section 5
133, approving or refusing to approve the 6
taking of the action; 7
(c) an action the Commonwealth Minister has 8
decided the Commonwealth Environment 9
Act, part 7, division 1A applies to because 10
the action would have unacceptable impacts 11
on an environmental matter protected. 12
(4) A bilateral project declaration must be made by 13
gazette notice. 14
54K Application for declaration 15
(1) A person may apply to the Coordinator-General 16
for a bilateral project declaration if the person 17
is-- 18
(a) the applicant for a coordinated project 19
declaration for a project; or 20
(b) the proponent of a coordinated project. 21
(2) The application must-- 22
(a) be in writing; and 23
(b) briefly describe the impacts the project is 24
likely to have on any environmental matter 25
protected by a specified provision or another 26
provision of the Commonwealth 27
Environment Act, part 3; and 28
(c) include enough information about the 29
project to allow the Coordinator-General to 30
consider whether the project is a project 31
mentioned in section 54J(2) or (3). 32
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(3) The application may be made at the same time an 1
application for a coordinated project declaration 2
for the project is made. 3
54L Deciding application 4
(1) The Coordinator-General must consider and 5
decide each application received under section 6
54K. 7
(2) Section 54J(2) and (3) applies for making the 8
decision. 9
(3) Also, in making the decision, the 10
Coordinator-General must consider the bilateral 11
agreement. 12
(4) If the Coordinator-General decides to refuse the 13
application, the Coordinator-General must give 14
the applicant written notice of the decision and 15
the reasons for it. 16
54M Cancellation of declaration 17
(1) The Coordinator-General may cancel a bilateral 18
project declaration for a coordinated project 19
before making a decision under section 54T if-- 20
(a) the proponent of the project makes a written 21
request to the Coordinator-General to cancel 22
the declaration; or 23
(b) the coordinated project declaration for the 24
project is cancelled under section 27AF; or 25
(c) the Coordinator-General is no longer 26
satisfied about either or both of the matters 27
mentioned in section 54J(2); or 28
(d) the Coordinator-General considers the 29
project is a project mentioned in section 30
54J(3)(a) to (c). 31
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(2) If the Coordinator-General decides under 1
subsection (1)(b) to (d) to cancel the declaration, 2
the Coordinator-General must, within 14 days 3
after the decision, give the proponent written 4
notice of the decision and the reasons for it. 5
(3) A decision to cancel the declaration takes effect 6
on the later of-- 7
(a) the day the written notice is given to the 8
proponent; or 9
(b) the day of effect stated in the written notice. 10
54N Lapsing of declaration 11
The bilateral project declaration for a coordinated 12
project lapses if the coordinated project 13
declaration for the project lapses. 14
Note-- 15
See section 27A. 16
Division 3 Assessment and approval 17
process 18
54O Application of div 3 19
This division applies to a coordinated project if a 20
bilateral project declaration has been made for 21
the project. 22
54P Preparation of draft protected matters report 23
(1) The proponent for the coordinated project must 24
prepare a draft protected matters report and give 25
it to the Coordinator-General. 26
(2) The Coordinator-General may, by written notice, 27
require the proponent to include information 28
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about a stated matter in the draft protected 1
matters report. 2
(3) The draft protected matters report must include 3
the information required by-- 4
(a) a regulation; and 5
(b) if the Coordinator-General gave the 6
proponent a notice under subsection 7
(2)--the notice. 8
(4) The Coordinator-General may ask any person for 9
information, advice or comment about the draft 10
protected matters report. 11
54Q Public notification of draft protected matters 12
report 13
(1) This section applies after the proponent has 14
prepared a draft protected matters report for the 15
coordinated project to the satisfaction of the 16
Coordinator-General. 17
(2) The proponent must publicly notify the draft 18
protected matters report. 19
(3) However, the proponent must publicly notify the 20
draft protected matters report under subsection 21
(2) when complying with section 33 in relation to 22
the coordinated project only if-- 23
(a) the proponent is required to comply with 24
section 33 in relation to the project; and 25
(b) the bilateral project declaration for the 26
project was made before the proponent 27
complied with section 33. 28
(4) For publicly notifying the draft protected matters 29
report as required by subsection (2)-- 30
(a) section 33 applies as if a reference in that 31
section to an EIS were to the report; and 32
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(b) the proponent must comply with the 1
requirements prescribed by regulation for 2
the notification in a regulation; and 3
(c) submissions about the report may be made 4
under section 34 as if the report were an 5
EIS; and 6
(d) the submission period for the coordinated 7
project set under section 33(1)(d) must be at 8
least the minimum period prescribed by 9
regulation. 10
54R Proponent must finalise protected matters 11
report after public notification 12
(1) After the end of the submission period for the 13
coordinated project, the proponent must prepare 14
a final protected matters report and give it to the 15
Coordinator-General. 16
(2) The final protected matters report must-- 17
(a) summarise the accepted submissions; and 18
(b) state how the submissions have been 19
addressed. 20
54S Coordinator-General may seek further 21
information or comments 22
(1) This section applies if, after receiving the final 23
protected matters report under section 54R, the 24
Coordinator-General considers further 25
information is reasonably necessary for the 26
Coordinator-General to consider the matters 27
mentioned in section 54W. 28
(2) The Coordinator-General may, by written notice 29
(a information requirement notice), require the 30
proponent to give the Coordinator-General the 31
stated further information within the stated 32
period. 33
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(3) The proponent must comply with the information 1
requirement notice. 2
(4) The Coordinator-General may-- 3
(a) extend the stated period for an information 4
requirement notice; or 5
(b) give the proponent more than 1 information 6
requirement notice. 7
(5) If the proponent does not comply with an 8
information requirement notice within the stated 9
period, the Coordinator-General may-- 10
(a) make a decision under section 54T without 11
the further information; or 12
(b) refuse to make a decision until the notice is 13
complied with to the Coordinator-General's 14
satisfaction. 15
(6) The Coordinator-General may ask any person for 16
information, advice or comment about the final 17
protected matters report or the coordinated 18
project. 19
54T Decision about approving undertaking of 20
coordinated project 21
(1) This section applies after-- 22
(a) the Coordinator-General has received the 23
final protected matters report under section 24
54R; and 25
(b) the earlier of the following happens-- 26
(i) the proponent complies with all 27
information requirement notices 28
relating to the final report; 29
(ii) each period stated in an information 30
requirement notice relating to the final 31
report has ended. 32
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(2) The Coordinator-General must decide-- 1
(a) to approve the undertaking of all or part of 2
the coordinated project in relation to each of 3
the specified provisions; or 4
(b) to refuse to approve the project. 5
(3) However, the Coordinator-General must not 6
approve the undertaking of the coordinated 7
project to the extent the project will impact an 8
environmental matter protected by a specified 9
provision in a way that, in the 10
Coordinator-General's opinion, is unacceptable 11
or unsustainable. 12
(4) To remove any doubt, it is declared that if the 13
Coordinator-General approves the undertaking of 14
only part of a project, the balance of the project is 15
refused. 16
54U Conditions 17
(1) This section applies if the Coordinator-General 18
decides to approve the undertaking of the 19
coordinated project in relation to a specified 20
provision. 21
(2) The Coordinator-General may decide to impose a 22
condition in relation to the specified provision if 23
satisfied the condition is necessary or convenient 24
to-- 25
(a) protect an environmental matter protected 26
by the provision (whether or not the 27
protection is from the impact of the 28
coordinated project); or 29
(b) repair or mitigate damage to an 30
environmental matter protected by the 31
provision (whether or not the damage has 32
been, will be or is likely to be caused by the 33
coordinated project). 34
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(3) A condition may, for example, require 1 or more 1
of the following-- 2
(a) an environmental offset as mentioned in the 3
bilateral agreement; 4
(b) a stated amount to be paid to a stated person 5
for the purpose of activities related to 6
protecting, or repairing or mitigating 7
damage to, an environmental matter 8
protected by the specified provision; 9
(c) an environmental audit of the coordinated 10
project to be carried out periodically by a 11
person who is independent of the project; 12
(d) the preparation and implementation of a 13
plan to manage the impacts of the 14
coordinated project on the environmental 15
matters protected by the specified provision; 16
(e) stated environmental monitoring or testing 17
to be carried out; 18
(f) compliance with a stated industry standard 19
or code of practice. 20
(4) However, the Coordinator-General may only 21
impose a condition on an environmental approval 22
for a coordinated project that is not reasonably 23
related to the project if the proponent consents to 24
the condition being imposed. 25
(5) The proponent may not withdraw consent to the 26
imposition of a condition under subsection (4) 27
after the condition has been imposed on the 28
environmental approval. 29
54V Jurisdiction for conditions 30
(1) If the Coordinator-General imposes 1 or more 31
conditions on an environmental approval for a 32
coordinated project, the Coordinator-General 33
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may nominate an entity that is to have 1
jurisdiction for the condition. 2
(2) An entity may be nominated for 1 or more of the 3
conditions. 4
54W Criteria for decision 5
(1) This section applies to the Coordinator-General 6
in deciding whether to issue an environmental 7
approval for the coordinated project or impose 8
conditions on the approval. 9
(2) The Coordinator-General must-- 10
(a) consider all of the following-- 11
(i) the impacts the project has had, will 12
have or is likely to have, on each 13
environmental matter protected by a 14
specified provision; 15
(ii) any criteria for the decision prescribed 16
by regulation; 17
(iii) the protected matters report; 18
(iv) any further information provided under 19
a notice under section 54S(2); 20
(v) all accepted submissions for the 21
project; and 22
(b) ensure the approval and conditions are not 23
inconsistent with the bilateral agreement. 24
(3) Also, the Coordinator-General may consider-- 25
(a) the proponent's environmental record; and 26
(b) any other matter the Coordinator-General 27
considers relevant. 28
(4) The Coordinator-General must prepare a report 29
(an assessment report) that-- 30
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(a) demonstrates the Coordinator-General's 1
consideration of the matters mentioned in 2
subsections (2) and (3); and 3
(b) identifies the information and opinions, and 4
the source of the information and opinions, 5
on which the consideration is based. 6
54X Notice of decision 7
The Coordinator-General must give the 8
proponent written notice of the 9
Coordinator-General's decisions under sections 10
54T and 54U and a copy of the assessment 11
report. 12
54Y Issuing environmental approval 13
(1) If the Coordinator-General's decision under 14
section 54T is to approve the undertaking of all 15
or part of the coordinated project, the 16
Coordinator-General must issue an 17
environmental approval to the proponent. 18
(2) The environmental approval must state each of 19
the following-- 20
(a) the proponent's name; 21
(b) the project, or part of the project, for which 22
the approval is given; 23
(c) each specified provision for which the 24
approval is given; 25
(d) the period for which the approval has effect; 26
(e) the conditions of the approval; 27
(f) for each condition--the nominated entity 28
with jurisdiction for the condition. 29
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Division 4 Amendment of 1
environmental approval 2
54Z Application for amendment 3
(1) A proponent may apply to the 4
Coordinator-General to amend an environmental 5
approval (an amendment application) to-- 6
(a) change the coordinated project for which the 7
approval is given; or 8
(b) change a condition of the approval; or 9
(c) extend the period for which the approval has 10
effect; or 11
(d) change the proponent of the coordinated 12
project. 13
(2) The amendment application must-- 14
(a) be in writing; and 15
(b) describe the proposed amendment and the 16
reasons for it; and 17
(c) briefly describe the impacts the proposed 18
amendment is likely to have on any 19
environmental matter protected by a 20
specified provision or another provision of 21
the Commonwealth Environment Act, part 22
3; and 23
(d) include enough information about the 24
proposed amendment to allow the 25
Coordinator-General to consider the matters 26
mentioned in section 54ZC(2); and 27
(e) if the application is to change the proponent 28
of the coordinated project-- 29
(i) be accompanied by the written consent 30
of the proposed new proponent; and 31
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(ii) include information about the 1
environmental record of the proposed 2
new proponent. 3
54ZA Coordinator-General may seek further 4
information or comments 5
(1) After receiving an amendment application, the 6
Coordinator-General may-- 7
(a) by notice ask the proponent for further 8
information about the proposed amendment, 9
its effects on the coordinated project or 10
another related matter; and 11
(b) ask any person for information, advice or 12
comment about the application. 13
(2) If the proponent does not comply with a notice 14
under subsection (1)(a) within a reasonable 15
period, the Coordinator-General may-- 16
(a) decide the amendment application without 17
the further information; or 18
(b) refuse to decide the application until the 19
notice is complied with to the 20
Coordinator-General's satisfaction. 21
54ZB Public notification of amendment application 22
(1) The proponent must publicly notify the 23
amendment application. 24
(2) For publicly notifying the amendment 25
application as required by subsection (1)-- 26
(a) section 33 applies as if a reference in that 27
section to an EIS were to the application; 28
and 29
(b) the public notification must comply with the 30
requirements prescribed by regulation for 31
the notification; and 32
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(c) submissions about the application may be 1
made under section 34 as if the application 2
were an EIS; and 3
(d) the submission period for the project set 4
under section 33(1)(d) must be at least the 5
minimum period prescribed by regulation. 6
(3) This section does not apply to an amendment 7
application to the extent the application is to-- 8
(a) extend the period for which an 9
environmental approval has effect; or 10
(b) change the proponent of the coordinated 11
project. 12
54ZC Deciding amendment application 13
(1) The Coordinator-General must decide whether to 14
approve or refuse each amendment application. 15
(2) If an amendment application is required to be 16
notified under section 54ZB(1), the 17
Coordinator-General must not decide the 18
application until the submission period has 19
ended. 20
(3) In deciding an amendment application, the 21
Coordinator-General must-- 22
(a) consider all of the following-- 23
(i) any impacts the proposed amendment 24
is likely to have on each environmental 25
matter protected by a specified 26
provision; 27
(ii) any further information about the 28
proposed amendment received under 29
section 54ZA; 30
(iii) any criteria for the decision prescribed 31
by regulation; 32
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(iv) all accepted submissions for the 1
application; 2
(v) the matters mentioned in section 3
54J(2); and 4
(b) ensure the amended environmental approval 5
and conditions are not inconsistent with the 6
bilateral agreement. 7
(4) Also, the Coordinator-General may consider-- 8
(a) the proponent's environmental record or, for 9
an amendment application for a change of 10
proponent, the proposed new proponent's 11
environmental record; and 12
(b) any other matter the Coordinator-General 13
considers relevant. 14
(5) If the Coordinator-General decides to approve an 15
amendment application, the Coordinator-General 16
may also decide to-- 17
(a) amend or remove a condition of the 18
environmental approval; or 19
(b) impose a further condition. 20
(6) Section 54U applies for a decision under 21
subsection (5). 22
54ZD Notice of decision 23
The Coordinator-General must give the 24
proponent written notice of the 25
Coordinator-General's decision under section 26
54ZC and the reasons for it. 27
54ZE Issuing amended environmental approval 28
If the Coordinator-General's decision under 29
section 54ZC is to approve the amendment 30
application, the Coordinator-General must-- 31
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(a) amend the environmental approval to give 1
effect to the amendment; and 2
(b) issue the amended approval to the proponent 3
or, if applicable, the new proponent. 4
Division 5 Cancelling environmental 5
approval 6
54ZF Cancellation at proponent's request 7
(1) This section applies if the proponent of a 8
coordinated project makes a written request to 9
the Coordinator-General to cancel the approval in 10
relation to a specified provision. 11
(2) The Coordinator-General may cancel the 12
environmental approval in relation to the 13
specified provision. 14
54ZG Cancellation for grounds including 15
contravention or unforeseen significant 16
impact 17
(1) The Coordinator-General may cancel an 18
environmental approval in relation to a specified 19
provision if satisfied a ground for cancellation 20
mentioned in subsection (2), (3) or (4) exists. 21
(2) An environmental approval may be cancelled in 22
relation to a specified provision if-- 23
(a) the approval or a condition of the approval 24
has been contravened; and 25
(b) either-- 26
(i) the contravention has caused a 27
significant impact on the 28
environmental matter protected by the 29
specified provision; or 30
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[s 52]
(ii) because of the contravention, 1
cancelling the approval is reasonably 2
necessary to protect the environmental 3
matter protected by the specified 4
provision. 5
(3) An environmental approval may be cancelled in 6
relation to a specified provision if-- 7
(a) the coordinated project has had, will have or 8
is likely to have a significant impact on the 9
environmental matter protected by the 10
specified provision; and 11
(b) the impact was not identified during the 12
assessment of the project; and 13
(c) the approval would not have been issued, or 14
would have been issued with particular 15
conditions, if information about the impact 16
were available to the Coordinator-General 17
during the assessment of the project. 18
(4) An environmental approval may be cancelled in 19
relation to a specified provision if-- 20
(a) information provided to the 21
Coordinator-General during the assessment 22
of the project did not accurately identify the 23
likely impacts of the coordinated project on 24
the environmental matter protected by the 25
specified provision; and 26
(b) the information was inaccurate because of 27
the proponent's negligence or deliberate act 28
or omission. 29
(5) In this section-- 30
assessment, of a coordinated project, means 31
either or both of the following-- 32
(a) the Coordinator-General's assessment of the 33
project under division 3 for the purpose of 34
deciding whether to issue an environmental 35
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[s 52]
approval or impose a condition on the 1
approval; 2
(b) if the environmental approval for the project 3
was amended under division 4--the 4
Coordinator-General's consideration of an 5
amendment application for the project under 6
division 4 for the purpose of deciding 7
whether to amend the approval or a 8
condition of the approval. 9
54ZH Notice of proposed cancellation 10
(1) Before cancelling an environmental approval in 11
relation to a specified provision under section 12
54ZG(1), the Coordinator-General must give the 13
proponent for the coordinated project a notice 14
stating-- 15
(a) that the Coordinator-General proposes to 16
cancel the approval; and 17
(b) the ground for the proposed cancellation; 18
and 19
(c) that the proponent may, within a stated time 20
of at least 14 days, give the 21
Coordinator-General a written response to 22
the proposed cancellation. 23
(2) The Coordinator-General must consider any 24
response given by the proponent within the stated 25
time. 26
54ZI Notice of cancellation decision 27
(1) If the Coordinator-General decides to cancel an 28
environmental approval in relation to a specified 29
provision under section 54ZG(1), the 30
Coordinator-General must, within 14 days after 31
the decision, give the proponent written notice of 32
the decision and the reasons for it. 33
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[s 52]
(2) A decision to cancel the environmental approval 1
takes effect on the later of-- 2
(a) the day the written notice is given to the 3
proponent; or 4
(b) the day of effect stated in the written notice. 5
54ZJ Issuing amended environmental approval 6
(1) This section applies if an environmental approval 7
remains in force for 1 or more specified 8
provisions after a decision of the 9
Coordinator-General under section 54ZG(1) to 10
cancel the approval in relation to a specified 11
provision takes effect. 12
(2) The Coordinator-General must-- 13
(a) amend the environmental approval to give 14
effect to the partial cancellation of the 15
approval; and 16
(b) issue the amended approval to the 17
proponent. 18
Division 6 Offences and compliance 19
54ZK Failure to comply with environmental 20
approval or conditions 21
(1) This section applies to a person who is the holder 22
of, or is acting under, an environmental approval. 23
(2) The person must not, without reasonable excuse, 24
contravene the environmental approval. 25
Maximum penalty-- 26
(a) for an individual--1665 penalty units; or 27
(b) for corporation--16650 penalty units. 28
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(3) The person must not, without reasonable excuse, 1
contravene a condition of the environmental 2
approval. 3
Maximum penalty-- 4
(a) for an individual--1665 penalty units; and 5
(b) for corporation--16650 penalty units. 6
54ZL Compliance under Environmental Protection 7
Act 8
(1) The Environmental Protection Act, section 493A 9
applies to the undertaking of a coordinated 10
project as if an environmental approval for the 11
project were an environmental authority under 12
that Act. 13
(2) Also, the Environmental Protection Act, section 14
493 applies in relation to an offence against that 15
Act, chapter 8, part 3 in relation to a coordinated 16
project. 17
(3) Subsection (4) applies if-- 18
(a) a proceeding is proposed to be started in the 19
Planning and Environment Court under the 20
Environmental Protection Act, section 505; 21
and 22
(b) the relief or remedy proposed to be sought 23
in the proceeding relates to an offence, or 24
threatened or anticipated offence, against a 25
provision of the Environmental Protection 26
Act because of section 493A of that Act as 27
applied under subsection (1); and 28
(c) the offence or threatened or anticipated 29
offence relates to the coordinated project. 30
(4) Despite the Environmental Protection Act, 31
section 505, only the following persons may 32
bring the proceeding-- 33
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[s 52]
(a) the Coordinator-General; 1
(b) an entity nominated under section 54V as 2
having jurisdiction for a condition of the 3
environmental approval for the coordinated 4
project; 5
(c) the local government for the local 6
government area in which the coordinated 7
project is, or is to be, undertaken; 8
(d) the proponent; 9
(e) another person whose interests are 10
significantly adversely affected by the 11
subject matter of the proceeding. 12
54ZM Declarations 13
(1) A person mentioned in section 54ZL(4) may start 14
a proceeding in the Planning and Environmental 15
Court for a declaration about the lawfulness, 16
under this part, of undertaking a coordinated 17
project. 18
(2) The Sustainable Planning Act, section 456 19
applies to a proceeding started under this section. 20
Division 7 Miscellaneous 21
54ZN Fees for pt 4A 22
(1) An application under this part must be 23
accompanied by the fee prescribed by regulation 24
for the application. 25
(2) The Coordinator-General must refuse to receive 26
the application unless the fee has been paid. 27
(3) However, if a fee is prescribed for an application 28
under section 54Z, the Coordinator-General may 29
waive or reduce the fee. 30
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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(4) In deciding to waive or reduce a fee under 1
subsection (3), the Coordinator-General may 2
have regard to the complexity of the proposed 3
amendment and the extent of public consultation 4
required in relation to the proposed change. 5
(5) The proponent of a coordinated project must pay 6
the Coordinator-General the fees prescribed by 7
regulation at the times provided for under the 8
regulation. 9
(6) If a fee becomes payable under subsection (5), 10
the Coordinator-General's obligations under this 11
part for the coordinated project are suspended 12
until the fee has been paid. 13
(7) Subsection (6) applies despite any other 14
provision of this part. 15
54ZO Recovering the cost of advice or services for 16
assessment 17
(1) This section applies if the Coordinator-General 18
obtains from another entity advice or services the 19
Coordinator-General considers necessary to 20
decide an application, or take action, under this 21
part in relation to a coordinated project. 22
(2) The Coordinator-General may recover from the 23
proponent as a debt the reasonable cost of 24
obtaining the advice or services. 25
Clause 53 Amendment of s 173 (Regulation-making power) 26
Section 173(1)(g), `studies or the process under part 4, division 27
3,'-- 28
omit, insert-- 29
protected matters reports, studies or the process under 30
part 4, division 3, or part 4A 31
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 54]
Clause 54 Insertion of new pt 9, div 6 1
Part 9-- 2
insert-- 3
Division 6 Transitional provision for 4
Sustainable Planning 5
(Infrastructure Charges) 6
and Other Legislation 7
Amendment Act 2014 8
195 Particular coordinated projects publicly 9
notified under pt 4 10
(1) This section applies to a coordinated project for 11
which a bilateral project declaration is made 12
under section 54J(1) if, before a bilateral 13
agreement mentioned in section 54H(1)(a) was in 14
force-- 15
(a) an EIS was prepared for the project under 16
part 4; and 17
(b) the EIS included the matters required by 18
regulation for a project to which the State 19
Development and Public Works 20
Organisation Regulation 2010, part 13 21
applies; and 22
(c) the EIS was publicly notified under section 23
33. 24
(2) The EIS, to the extent it includes the matters 25
mentioned in subsection (1)(b), is taken to be a 26
draft protected matters report for the coordinated 27
project. 28
(3) The proponent is taken to have complied with 29
sections 54P and 54Q in relation to the 30
coordinated project. 31
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
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[s 55]
Clause 55 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions properly made submission and 2
submission period-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
accepted submissions, for a coordinated project 7
or amendment application, for part 4A, see 8
section 54I. 9
action, for part 4A, see the Commonwealth 10
Environment Act, sections 523, 524 and 524A. 11
assessment report, for part 4A, see section 12
54W(4). 13
bilateral agreement, for part 4A, see section 54I. 14
bilaterally accredited authorisation process, for 15
part 4A, see the Commonwealth Environment 16
Act, section 46(2A). 17
bilateral project declaration, for part 4A, see 18
section 54J(1). 19
Commonwealth Environment Act means the 20
Environment Protection and Biodiversity 21
Conservation Act 1999 (Cwlth). 22
Commonwealth Minister means the Minister of 23
the Commonwealth responsible for administering 24
the Commonwealth Environment Act. 25
coordinated project declaration for part 4A, see 26
section 54I. 27
environmental approval, for part 4A, see section 28
54I. 29
environmental law, for part 4A, see section 54I. 30
environmental matter protected, for part 4A, see 31
section 54I. 32
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[s 55]
environmental record, of a proponent or 1
proposed new proponent of a coordinated project, 2
for part 4A, see section 54I. 3
impact, for part 4A, see the Commonwealth 4
Environment Act, section 527E. 5
information requirement notice, for part 4A, see 6
section 54S(2). 7
properly made submission, for an EIS, a 8
proposed change to a project, a protected matters 9
report or an amendment application, means a 10
submission that-- 11
(a) is made to the Coordinator-General in 12
writing; and 13
(b) is received on or before the last day of the 14
relevant submission period; and 15
(c) is signed by each person who made the 16
submission; and 17
(d) states the name and address of each person 18
who made the submission; and 19
(e) states the grounds of the submission and the 20
facts and circumstances relied on in support 21
of the grounds. 22
protected matters report, for part 4A, see section 23
54I. 24
specified provision, for part 4A, see section 54I. 25
submission period, for part 4 or part 4A, see 26
section 33(1)(d). 27
within the scope of the bilateral agreement, for a 28
coordinated project, for part 4A, see section 29
54H(3). 30
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Part 4 Minor and consequential amendments
[s 56]
Part 4 Minor and consequential 1
amendments 2
Clause 56 Acts amended 3
Schedule 1 amends the Acts it mentions. 4
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 56 3
South-East Queensland Water (Distribution and Retail 4
Restructuring) Act 2009 5
1 Section 49A(2)(a), after `section 99BOB(b)'-- 6
insert-- 7
and (c) 8
2 Section 53AS(1)(c)-- 9
omit, insert-- 10
(c) a charge under section 99BRAN, 99BRAV 11
or 99BRCI; 12
(d) a charge under a water infrastructure 13
agreement under section 99BRCM; 14
3 Section 53AS(3), after `(1)(c)'-- 15
insert-- 16
or (d) 17
Sustainable Planning Act 2009 18
1 Section 20(1)(c)-- 19
omit, insert-- 20
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Schedule 1
(c) to provide for the matters mentioned in 1
section 629. 2
2 Section 38(b)(ii)(A), `priority infrastructure plans'-- 3
omit, insert-- 4
LGIPs 5
3 Sections 78(2), 88(1)(e) and 212(3), `a priority 6
infrastructure plan'-- 7
omit, insert-- 8
an LGIP 9
4 Section 85(1)(b) and (c)-- 10
omit, insert-- 11
(b) an LGIP. 12
5 Section 205, from `any charge' to `part 1'-- 13
omit, insert-- 14
any adopted charge 15
6 Section 282(2)(f), from `section 655'-- 16
omit, insert-- 17
chapter 8, part 2, division 2, subdivision 2 or part 18
3--any relevant charges resolution. 19
7 Sections 313(2)(f) and 314(2)(i), `an adopted 20
infrastructure charges resolution or the priority 21
infrastructure plan'-- 22
omit, insert-- 23
the provider's LGIP 24
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Schedule 1
8 Sections 315(1)(c), 346(2), note, 388(1)(a), 404(1)(c) and 1
720, `chapter 8, part 1'-- 2
omit, insert-- 3
chapter 8, parts 2 and 3 4
9 Section 364(1), from `an infrastructure' to `charge.'-- 5
omit, insert-- 6
a levied charge. 7
10 Section 364(2), from `under', first mention, to `section 8
648F'-- 9
omit. 10
11 Chapter 7, part 2, division 1, heading, `Establishment, 11
constitution'-- 12
omit, insert-- 13
Constitution 14
12 Section 724(1)(a), `its priority infrastructure plan'-- 15
omit, insert-- 16
its LGIP 17
13 Section 724(1)-- 18
insert-- 19
(ab) all supporting material used to draft its 20
LGIP; 21
14 Section 724(1)(g)(ii) and (iii)-- 22
omit, insert-- 23
(ii) an LGIP; 24
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Schedule 1
15 Section 724(1)(p) to (t)-- 1
omit, insert-- 2
(p) each document mentioned in the LGIP used 3
to prepare it; 4
(q) each charges resolution of the local 5
government; 6
(r) a register (the infrastructure charges 7
register) of all infrastructure charges the 8
local government levies; 9
16 Section 724(1)(u), `chapter 8, part 2'-- 10
omit, insert-- 11
section 673 12
17 Sections 724(3) and 739(f), from `, regulated' to `adopted 13
infrastructure charges register'-- 14
omit. 15
18 Section 724(3)(b), `schedule'-- 16
omit, insert-- 17
resolution 18
19 Section 724(4)-- 19
omit. 20
20 Section 738(a), from `, including' to `schedule,'-- 21
omit, insert-- 22
or charges resolution 23
21 Section 739(k), `section 662'-- 24
omit, insert-- 25
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Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014
Schedule 1
section 673 1
22 Section 834-- 2
omit. 3
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 159
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